(1) A Panchayat may lease out any immovable property belonging to it:
Provided that no such lease shall be valid in case the period of the lease exceeds three years or where the Lessee is permitted to put up any building or structure whether of masonry, bricks, wood, mud or any other material unless the sanction of the Collector has been obtained therefor.
(2) The lease deed shall be in Form III (a) in Schedule III with such variations as circumstances may require.
7. Transfer by lease of immovable property vested in but not belonging to a Panchayat
(1) A Panchayat may lease out any property vested in but not belonging to the Panchayat other than road sides and street margins.
Provided that no lease shall be granted -
(a) In contravention of the conditions subject to which such property became vested in the Panchayat; or
(b) for a period exceeding twelve months without the previous sanction of the Collector.
Provided further that no such lease shall be valid if the Lessee is permitted to put up any building or structure whether of masonry, bricks, wood, mud or any other material, unless the unless the sanction of the Collector has been obtained therefor.
(2) The lease – deed shall be in the Form III (a) in Schedule III with such variations as circumstances may require.
8. Lease of road sides and street margins - (1) Leases of road sides and street margins vested in a Panchayat shall be subject to the following certificates and control:
(i) Every Panchayat shall require that every application for a lease shall furnish information as to the use to which the land will be put and the period for which a lease is required. If any structure is proposed to be constructed thereon, information as to the materials to be used in the construction shall also be furnished.
(ii) The lease may be granted by the Panchayat if the structure is to be constructed of temporary materials such as palmyrah or coconut leaves, bamboo or other matting or gunny cloth or other similar materials or which are of such a nature as to be movable daily and if the period of lease does not exceed twelve months. A fee shall be levied and collected in advance for every lease.
(iii) No lease for a structure made of materials other than those mentioned in item (ii) or for a period exceeding twelve months, shall be granted by a Panchayat except with the previous approval of the Collector who in granting approval may lay down such conditions as he may consider necessary subject to which the lease may be granted by the Panchayat. The Panchayat
21. PANCHAYAT ASSETS 590 shall embody such conditions in the lease before it is granted. It must be expressly provided in every case that amount of the lease shall be paid to the Panchayat in advance so long as the lease is in force and that in default of payment of such amount; the lease is liable to the cancelled.
(iv) No lease shall be granted ordinarily for a period exceeding three years at a time. The approval of the Collector shall not be necessary for a renewal of a lease granted under this Rule.
(v) Every lease under item (ii) or (iii) shall expressly provided that the lease is liable to be terminated at any time within the period of the lease without payment of compensation to the Lessee if, in the opinion of the Panchayat or of the Collector, it is necessary in the public interest to remove any structure erected on the land.
(vi) No road margin shall be leased out for cultivation.
(2) The lease – deed shall be in Form III (b) in Schedule III with such variations as circumstances may require.
9. Publication of proposed transfers and leases - (1) In every case of transfer falling under Rules 4,5,6 or 7, the Panchayat shall publish a notice of the proposed transfer, giving full particulars of the property to be transferred, the name of the proposed Transferee or Lessee and the consideration for the transfer or the rent reserved under the lease –
(a) In the District Gazette, if the consideration for the transfer exceeds ten thousand rupees; and
(b) by affixture in a conspicuous place in the village where the property lies –
(i) at the offices of the Village Panchayat, Panchayat Union Council, District Panchayat and of the Collector;
(ii) at the Village Chavadi of the Village in which the property is situated; and
(iii) on the property to be transferred.
(2) In every case where such transfer is to be made by public auction, a notice with full particulars of the property to be transferred shall be published -
(a) in the District Gazette and in one or two prominent local Tamil newspapers, circulated with in the jurisdiction of the Village Panchayat, if the consideration for the transfer exceeds ten thousand rupees;
(b) in the manner specified in clause (b) of sub – Rule (1); and
(c) by tom – tom in suitable places.