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Section 4: Lease of land and immovable property belonging to a Panchayat

The Tamil Nadu Panchayats (Procedure for Conducting Public Auction of Leases and Sales in Panchayats)Rules, 2001State Rules of Tamil Nadu · 1994

The Panchayat shall have power to lease out its own land or any other immovable property to it as referred to in Rule 3 above :

Provided that no such lease shall be valid in case the period of lease exceeds three years or where the Lessee is permitted to put up any building or structure whether of masonry, brick, wood, mud or of any materials unless the sanction of the Inspector has been obtained therefor.

5. Lease of Government Poramboke vested with the Panchayat - The Panchayat shall have power to lease out any property vested in it but not belonging to it other than road sides and street margins referred to in Rule 3 above:

Provided that no lease shall be granted, -

(a) in contravention of the conditions, subject to which such property became vested in the Panchayat;

(b) for a period exceeding twelve months, without the previous sanction of the Inspector;

Provided further that no such lease shall be valid, if the Lessee is permitted to put up any building or structure whether or masonry, bricks, wood, mud or any other materials unless prior sanction of the Inspector has been obtained.

6. Lease of roadside and street margins - The Panchayats shall have power to lease out road margins under the control of the Panchayat and street margins subject to the following restrictions and control;

(i) the Panchayat shall require each intending bidder to furnish information as to the use to which the land will be put and the period for which lease is required which shall not exceed one year at a time. If the intending bidder desires to construct any temporary structure, information to the materials to be used for the construction shall be furnished;

(ii) for a lease period not exceeding twelve months, materials like pre-fabricated structures or palmyra or coconut leaves, bamboos, jute or gunny cloth or similar other materials which may be removed easily, shall be permitted for the structures.

Necessary fees, if any, leviable for such temporary structure shall also be collected before permitting such construction. Such a temporary structure is liable for removal by the Panchayat, if the Panchayat or the Inspector considers so in public interest during the middle of the lease period and Lessee shall have no right to claim any compensation for the same;

(iii) no lease for a structure made of materials other than those mentioned in items (i) and (ii) above or for a period exceeding twelve months shall be granted without the previous approval of the Inspector, who while granting approval may lay down such conditions as may be considered necessary, subject to which the lease may be granted by the Panchayat. The Panchayat shall embody such conditions in the lease notice and lease deed before granting orders to entry into the property;

(iv) no road margins shall be leased out for cultivation;

(v) every lease under item (ii) or item (iii) shall expressly provide that the lease is liable

21. PANCHAYAT ASSETS 610 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 the Inspector, it is necessary in the public interest to remove any structure erected in the land.

Where this provision sits

ActThe Tamil Nadu Panchayats (Procedure for Conducting Public Auction of Leases and Sales in Panchayats)Rules, 2001
Section4
Marginal noteLease of land and immovable property belonging to a Panchayat
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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