Panchayat:Repo18/Law Manual Page0708 - Revision history

Subhash at 04:17, 24 January 2019

2019-01-24T04:17:55Z

← Older revision		Revision as of 04:17, 24 January 2019
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	DISPOSAL OF PROPERTY		DISPOSAL OF PROPERTY
	6. Transfer of Panchayat's own property through sale. Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.		6. Transfer of Panchayat's own property through sale. Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
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Subhash at 04:15, 24 January 2019

2019-01-24T04:15:40Z

← Older revision		Revision as of 04:15, 24 January 2019
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	~~====~~ CHAPTER II ~~====~~		CHAPTER II

	DISPOSAL OF PROPERTY		DISPOSAL OF PROPERTY
	6. Transfer of Panchayat's own property through sale.		6. Transfer of Panchayat's own property through sale. Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.

	Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
	Contacto		Contacto

Subhash at 04:14, 24 January 2019

2019-01-24T04:14:55Z

← Older revision		Revision as of 04:14, 24 January 2019
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	==== CHAPTER II ====		==== CHAPTER II ====
	DISPOSAL OF PROPERTY 6. Transfer of Panchayat's own property through sale.— Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
			DISPOSAL OF PROPERTY
			6. Transfer of Panchayat's own property through sale.

			Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
	Contacto		Contacto

Subhash at 04:13, 24 January 2019

2019-01-24T04:13:30Z

Subhash: ' 708 THE KERALA PANCHAYAT LAW MANUAL Rule 4 (a) Suitability certificate to the effect that the proposed land is sui...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

2019-01-24T04:11:38Z

' 708 THE KERALA PANCHAYAT LAW MANUAL Rule 4 (a) Suitability certificate to the effect that the proposed land is sui...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

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708 THE KERALA PANCHAYAT LAW MANUAL Rule 4

(a) Suitability certificate to the effect that the proposed land is suitable for the proposed purpose shall be obtained from the Deputy Director of Panchayats/Assistance Development Commissioner/District Collector in the case of Village/Block/District Panchayats respectively.

(b) If the proposed property is for educational purpose, permission from the Deputy Director of Education shall be obtained.

(c) Permission from the District Medical Officer shall be obtained in the case of Hospitals, Dispensaries etc.

4. Acquisition of land under the Land Acquisition Act.
- (1) In case of acquisition of land by a Panchayat otherwise than by a bilateral agreement or free surrender, the provisions in the Land Acquisition Act for the time being in force and the procedure in the rules made thereunder shall be complied with.
(2) The Competent Engineer shall fix the value of the building or improvements, if any in the land proposed to be acquired and the Secretary shall inform the said value to the Land Acquisition Officer concerned.
(3) The Panchayat shall compulsorily be a party in all litigations that may come before a court, in respect of the value in land acquisition proceedings and where a case in this regard is filed or referred to a court the Land Acquisition Officer concerned shall intimate in writing the fact to the Panchayat concerned and the Government.
5. Acquisition of Land by bilateral agreement.- (1) In all cases wherein it is proposed to acquire land by bilateral agreement,
(a) ensure that the land is free from liability by obtaining encumbrance certificate for 18 years form the Sub-Registrar Office concerned to prove the previous liability of the land proposed to be acquired;
(b) ensure that the owner has clear title and ownership right to dispose over the property proposed to be acquired by getting the title of the property scrutinized by the District Government pleader;
(c) ensure that the cost of land given for the land proposed to be acquired does not exceed that fixed in writing by the Tahsildar/District Collector concerned; and
(d) ensure that the cost of the building or improvement, if any, upon the land does not exceed that fixed by the competent Engineer.
(2) In case the Panchayat is in need of any land or building for any public purpose, such land or building may be taken on lease subject to the terms as may be decided by the Panchayat.
Provided that when such land or building is taken on lease, the lease rent shall be fixed only after proper valuation of the cost of the land or the building.
(3) The title deed of the property acquired by the Panchayat under sub-rule (1) shall be in accordance with Form No. 1 appended to these rules.
(4) Nothing mentioned in the aforesaid rules shall apply to any property acquired by a Panchayat upon a judgment of a Court.
CHAPTER II
DISPOSAL OF PROPERTY 6. Transfer of Panchayat's own property through sale.— Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
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← Older revision		Revision as of 04:13, 24 January 2019
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	4. Acquisition of land under the Land Acquisition Act.		4. Acquisition of land under the Land Acquisition Act.
	- (1) In case of acquisition of land by a Panchayat otherwise than by a bilateral agreement or free surrender, the provisions in the Land Acquisition Act for the time being in force and the procedure in the rules made thereunder shall be complied with.		- (1) In case of acquisition of land by a Panchayat otherwise than by a bilateral agreement or free surrender, the provisions in the Land Acquisition Act for the time being in force and the procedure in the rules made thereunder shall be complied with.

	(2) The Competent Engineer shall fix the value of the building or improvements, if any in the land proposed to be acquired and the Secretary shall inform the said value to the Land Acquisition Officer concerned.		(2) The Competent Engineer shall fix the value of the building or improvements, if any in the land proposed to be acquired and the Secretary shall inform the said value to the Land Acquisition Officer concerned.

	(3) The Panchayat shall compulsorily be a party in all litigations that may come before a court, in respect of the value in land acquisition proceedings and where a case in this regard is filed or referred to a court the Land Acquisition Officer concerned shall intimate in writing the fact to the Panchayat concerned and the Government.		(3) The Panchayat shall compulsorily be a party in all litigations that may come before a court, in respect of the value in land acquisition proceedings and where a case in this regard is filed or referred to a court the Land Acquisition Officer concerned shall intimate in writing the fact to the Panchayat concerned and the Government.
	5. Acquisition of Land by bilateral agreement.- (1) In all cases wherein it is proposed to acquire land by bilateral agreement,
			5. Acquisition of Land by bilateral agreement .- (1) In all cases wherein it is proposed to acquire land by bilateral agreement,

	(a) ensure that the land is free from liability by obtaining encumbrance certificate for 18 years form the Sub-Registrar Office concerned to prove the previous liability of the land proposed to be acquired;		(a) ensure that the land is free from liability by obtaining encumbrance certificate for 18 years form the Sub-Registrar Office concerned to prove the previous liability of the land proposed to be acquired;

	(b) ensure that the owner has clear title and ownership right to dispose over the property proposed to be acquired by getting the title of the property scrutinized by the District Government pleader;		(b) ensure that the owner has clear title and ownership right to dispose over the property proposed to be acquired by getting the title of the property scrutinized by the District Government pleader;

	(c) ensure that the cost of land given for the land proposed to be acquired does not exceed that fixed in writing by the Tahsildar/District Collector concerned; and		(c) ensure that the cost of land given for the land proposed to be acquired does not exceed that fixed in writing by the Tahsildar/District Collector concerned; and

	(d) ensure that the cost of the building or improvement, if any, upon the land does not exceed that fixed by the competent Engineer.		(d) ensure that the cost of the building or improvement, if any, upon the land does not exceed that fixed by the competent Engineer.

	(2) In case the Panchayat is in need of any land or building for any public purpose, such land or building may be taken on lease subject to the terms as may be decided by the Panchayat.		(2) In case the Panchayat is in need of any land or building for any public purpose, such land or building may be taken on lease subject to the terms as may be decided by the Panchayat.

	Provided that when such land or building is taken on lease, the lease rent shall be fixed only after proper valuation of the cost of the land or the building.		Provided that when such land or building is taken on lease, the lease rent shall be fixed only after proper valuation of the cost of the land or the building.

	(3) The title deed of the property acquired by the Panchayat under sub-rule (1) shall be in accordance with Form No. 1 appended to these rules.		(3) The title deed of the property acquired by the Panchayat under sub-rule (1) shall be in accordance with Form No. 1 appended to these rules.

	(4) Nothing mentioned in the aforesaid rules shall apply to any property acquired by a Panchayat upon a judgment of a Court.		(4) Nothing mentioned in the aforesaid rules shall apply to any property acquired by a Panchayat upon a judgment of a Court.
	CHAPTER II

			==== CHAPTER II ====
	DISPOSAL OF PROPERTY 6. Transfer of Panchayat's own property through sale.— Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.		DISPOSAL OF PROPERTY 6. Transfer of Panchayat's own property through sale.— Panchayat may transfer any of its own property by sale with the prior permission of the Government and such transfer shall be in accordance with Form II appended to these rules.
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