Panchayat:Repo18/Law Manual Page0708

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.