Panchayat:Repo18/Law Manual Page0707

THE KERALA PANCHAYAT RAJ (ACQUISITION AND DISPOSAL OF PROPERTY) RULES, 2005*

[Translation in English of the Kerala Panchayat Raj (Acquisition and Disposal or Property) Rules, 2005, published under the authority of the Governor.]

S.R.O No. 258/2005  - In exercise of the powers conferred by Section 178 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with clause (xxxvii) of sub-section (2) of Section 254 thereof the Government of Kerala hereby make the following rules, namely:
    
                           RULES 

1. Short title and commencement 

.-(1) These rules may be called the Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005.

(2) They shall come into force at once.

2. Definitions. In these rules, unless the context otherwise requires.

(a) “Act" means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) “Director" means the Director of Panchayats;

(c) “Panchayat" means a Village Panchayat, a Block Panchayat or a District Panchayat;

(d) “Secretary" means the Secretary of a Village Panchayat or a Block Panchayat or a District Panchayat, as the case may be;

(e) "Property" includes the land, building and everything therein;

(f) "Competent Engineer" means a Civil Engineer appointed in the respective Panchayat under section 180 or lent to a Panchayat by Government under Section 181 or authorized by Government by general or special order for this purpose with pecuniary powers prescribed for providing technical sanction to Original Estimates;

(g) "Section" means a section of the Act;

(h) Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the act.

             CHAPTER 1

ACQUISITION OF PROPERTY

3. Power to acquire property.-(1) A Panchayat may acquire any land or building within or outside its area either by purchase or otherwise in order to introduce any public facility or for providing any service, and may with the prior approval of the Government dispose of any of its property either by sale or otherwise. (2) The acquisition of land under sub-rule (1) may either be in accordance with the Land Acquisition Act for the time being in force and the rules made thereunder or through private purchase of free surrender.

(3) A Panchayat, before acquiring any land under sub-rule (1) shall comply with the following conditions, namely:-

* Published in K.G. Ex. No. 796 dt. 28-4-2006 as Notn. No. 14361/N1/2004/LSGD dt. 27-3-2006.