(1) Except in cases falling under sub- rule (3), no transfer of any immovable property made by the Village Panchayat shall be valid unless it be a condition thereof that the Transferee shall be liable to pay to the Government such assessment, ground – rent, peshkash or quit – rent, as the Collector may determine to be payable in respect of the property and that the said assessment, ground – rent, peshkash or quit – rent, is subject to revision, from time to time, in accordance with the Rules in force at the time of such revision except in respect of quit – rent on enfranchised inam lands and peshkash on lands in proprietary villages acquired by the Panchayat by private negotiation.
(2) Nothing contained in this Rule shall affect the right of the Government to recover from the Panchayat, the assessment, ground – rent, peshkash or quit-rent leviable on lands not transferred by sale or exchange or otherwise permanently alienated.
(3) In cases where the assessments, ground – rent, peshkash or quit – rent leviable on the land after transfer is already being paid by the Panchayat and the land is not transferred by sale or exchange leased in perpetuity or otherwise permanently alienated, the Village Panchayat shall continue to pay such assessment, ground – rent, peshkash or quit – rent and the liability shall not be imposed on the Transferee.
RAMESH CHANDRA PANDA SECRETA RY TO GOVERNMENT
21. PANCHAYAT ASSETS 591
SCHEDULE – I [see Rule 3(2)] FORM I (a) TRANSFER BY SALE TO A VILLAGE PANCHAYAT OR PANCHAYAT UNION COUNCIL OR DISTRICT PANCHYAT BY A PRIVATE PERSON This indenture made the ________ day of ________ year of ________, between ________ son of ________ residing at a________ (hereinafter called the “Vendor” which expression shall where the context so admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the ONE PART AND the Village Panchayat/ Panchayat Union Council, District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called the “Purchaser” which expression shall where the context so admits include its Successors and Assigns) of the OTHER PA RT:
WHEREAS, the Vendor is well and sufficiently entitled to the land and premises described in the schedule hereunder:
AND WHEREAS, the Purchase in exercise of its powers, has agreed with the Vendor to purchase the said land and premises intended to be hereby granted, conveyed and assigned subject to the quit – rent (if any), payable in respect of the same but otherwise free from encumbrances at the prices of rupees;
NOW THIS INDENTURE WITNESSES that in pursuance of the said agreement and in consideration of the sum of rupees ________ paid to the Vendor by the Purchaser on or before the execution of these presents (the receipt whereof the ________ Vendor doth hereby acknowledge) he, the Vendor doth hereby grant, convey and assign unto the Purchaser all that piece or parcel of land situated in ________ and more particularly described in the Schedule hereunder written and which together with the message or tenement erected thereon is commonly called or known as ________ together with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water – courses, liberties, privileges, easements, advantage and appurtenances whatsoever to the said piece or parcel of land message and premises or any of them in anywise appertaining or heretofore occupied or enjoyed therewith AND all the estate right, title, interest property claim and demand whatsoever of the Vendor into and upon the same premises TO HAVE AND TO HOLD the said piece or parcel of land message and premises hereby granted, conveyed and assigned unto the Purchaser forever AND the Vendor doth hereby covenant with the Purchaser that he the Vendor now hath good right to grant, convey and assign the premises hereby granted, conveyed and assigned unto the Purchaser in manner aforesaid and that the Purchaser shall and may at all times hereafter peaceably and quietly posses and enjoy the said premise free from all encumbrances whatsoever and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the Vendor or any other person or persons AND further that he, the Vendor and all persons having lawfully or equitably claiming any estate or interest in the said premises or any of them or any part thereof from under or in trust for the Vendor or from or under any of his ancestors shall and will, from time to time and at all times hereafter at the request and cost of the purchaser do execute and register or cause to be done, executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the Purchaser in manner aforesaid as shall or may be reasonably required.
The Schedule above referred to All that piece or parcel of land and premises situated in the Village / town of ________ in the registration sub – district of ________ in the registration district of ________ And bounded on the north by ________, on the south by ________, on the east by ________ and on the west by ________, bearing Re-survey No ________ and Old Survey No. ________ and containing on the whole by admeasurementss ________ (be the same more or less).
21. PANCHAYAT ASSETS 592 Signed, sealed and delivered by the above named in the presence of ________ IN WITNESS, whereof the Vendor hath hereunto set his hand and seal the day and year first above written.
FORM – I (b) TRANSFER BY LEASE TO A PANCHAYAT BY A PRIVATE PERSON THIS INDENTURE MADE THE ________day of ________ year of ________ between ________ son of ________ residing at ________ and carrying on business at ________ (hereinafter called the “Lessor” which expression where the context admits shall include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the ONE PART AND the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Lessee” which expression where the context admits shall include its Successors in office and assigns) of the OTHER PA RT;
WITNESSETH AS FOLLOWS:-
1.In consideration of the rent hereby reserved and of the covenants by the Lessee (herein contained the Lessor demises unto the Lessee ALL that piece or parcel of and together with the building and premises known as ________ situate in the registration sub district of ________ in the registration district of ________ bearing S.No. ________ and more particularly described in the schedule hereunder for the term of ________ years from the ________ day of ________ PAYING therefor in advance the monthly rent of Rs. ________ clear of all deductions the first of such payments to be made on the ________ day of ________.
2. The Lessee covenants with the Lessor as follows
(1) To pay the reserved rent on or before the first day of each month in advance and in manner aforesaid.
(2) To bear, pay and discharge all existing and future taxes, charges, assessments and outgoings payable in respect of the said premises.
(3) To keep the exterior and interior of the demised premises and all additions thereto, the boundary wall and fences therof, the drains, soil and other pipes sanitary and water apparatus, electric fittings and fixtures thereof in good and tenantable repair and condition.
(4) Not to make or permit to be made under any circumstances any alterations in or additions to the demised building without the previous consent in writing of the Lessor PROVIDED ALW AYS that if the Lessee is permitted to make any alterations, by the Lessor, the Lessee shall not be entitled to any compensation therefor.
(5) To permit the Lessor with or without workmen or others at all reasonable times on giving one day’s previous notice to enter upon the demised premises and to view the condition thereof and upon notice being given by the Lessor to repair within one month from the service of the notice in accordance therewith.
(6) Not to assign underlet or part with the possession of the demised premises or any part thereof without first obtaining the written consent of the Lessor.
(7) To yield up the demised premises with all fixtures and additions thereto at the determination of the tenancy in good and tenantable repair and condition in accordance with the covenants herein contained.
3. The Lessor covenants with the Lessee as follows
(i) That the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on its part contained shall peacefully hold and enjoy the
21. PANCHAYAT ASSETS 593 demised premises during the said term without any interruption by the Lessor or any person rightfully claiming under or in trust for him.
(ii) To carry out all repairs to main walls roof and foundations due to fair wear and tear, the decision of the Executive Engineer for the time being of .... division as to the necessity for such repairs being final.
4. PROVIDED ALWAYS and it is hereby expressly agreed by and between the parties hereto as follows
(1) If the rent hereby reserved or any part thereof shall be unpaid for fourteen days after becoming payable (whether formally demanded or not) or if any covenant on the Lessee’s part herein contained shall not be performed or observed then and in any of the said cases it shall be lawful for the Lessor at any time thereafter to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of the breach of any of the lessee’s covenants herein contained.
(2) If the Lessee shall desire to determine the present demise and shall give to the Lessor three calendar month’s previous notice in writing of such desire then immediately on the expiration of the three calendar months the present demise and everything herein contained shall cease and be void but without prejudice to the remedies of either party against the other in respect of any antecedent claim or breach of covenant.
(3) That the Lessor will on the written request of the Lessee made within three calendar months before the expiration of the time hereby granted to the Lessee a lease of the demised premises for the further term of ________ years and containing the like covenants and provisos as are herein contained except the including a covenant for renewal.
The Schedule above referred to ALL THAT piece or parcel of land and premises situated in the village / town of ________ in the registration sub district of ________ in the registration district of ________ and bounded on the north by ________ on the south by ________ on the east by ________ on the west by ________, bearing Re-survey No. ________ and Old Survey No. ________ and containing on the whole by admeasurements ________ (be the same more or less) Signed, sealed and delivered by the above named in the presence of:
Signed by the Executive Authority / Commissioner / Secretary of the Village Panchayat / Panchayat Union Council / District Panchayat ________ in the presence of ________ The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of ________ IN WITNESS whereof ________ Lessor hath hereunto set his hand and seal and the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ the Lessee was hereunto affixed the day and year first above written.