The Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005.

THE KERALA PANCHAYAT RAJ (ACQUISITION AND DISPOSAL OF PROPERTY) RULES, 2005

[Translation in English of the Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005, published under the authority of the Governor.]

S. R. O. No. 258/2005.—In exercise of the powers conferred by section 178 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with clause (xxxvii) of sub-section (2) of section 254 thereof, the Government of Kerala hereby make the following rules, namely:—

1. Short title and commencement.—

(1) These rules may be called the Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005.

(2) They shall come into force at once. 2 . Definitions.—In these rules, unless the context otherwise requires,—

(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) 'Director' means the Director of Panchayats;

(c) 'Panchayat' means a Village Panchayat, a Block Panchayat or a District Panchayat;

(d) 'Secretary' means the Secretary of a Village Panchayat or a Block Panchayat or a District Panchayat, as the case may be;

(f) 'Property' includes the land, building and everything therein;

(g) 'Competent Engineer' means a Civil Engineer appointed in the respective Panchayat under section 180 or lent to a Panchayat by Government under section 181 or authorised by Government by general or special order for this purpose with pecuniary powers prescribed for providing technical sanction to Original Estimates;

(h) 'Section' means a section of the Act;

(i) Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

CHAPTER I

ACQUISITION OF PROPERTY

3. Power .to acquire property.—(1) A Panchayat may acquire any land or building within or outside its area either by purchase or otherwise-in order to introduce any public facility or for providing any service, and may with the prior approval of the Government dispose of any of its property either by sale or otherwise.

(2) The acquisition of land under sub-rule (1) may either be in accordance with the Land Acquisition Act for the time being in force and the rules made thereunder or through piivate purchase or free surrender.

(3) A Panchayat, before acquiring any land under sub-rule (1) shall comply with the following conditions, namely:—

(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/Assistant 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 ind«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 from 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 scrutinised 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.

7. Grant of Panchayat's own property for rent or lease on licence.— (1) A Panchayat may construct buildings for the purpose of trade or otherwise and can give the same to the public who require them on rent or lease on license in accordance with provisions of the Act and the rules made thereunder and the bylaws that may be made by the Panchayat for this purpose and may also levy fees that may be decided by the Panchayat for its enjoyment and possession.

(2) Every licence under sub-rule (1) shall contain the conditions for the enjoyment and possession of that building or room or space, in it and rate of fees and time of payment, and the above said conditions and stipulations shall be written in the .form of an agreement in stamped paper of appropriate value and shall also be in accordances with Form III appended to these rules.

(3) No building or room or space given on rent under sub-rule (1), shall be subletted to another or change its nature of use by the licensee.

(4) If at any time the Secretary feels that any building or room given on rent to any person under sub-rule (1), has been subletted to another person, he shall cancel the licence issued to such person immediately by an order and direct the person or persons enjoying and possessing that building or room or space, as the case may be, to vacate within the time mentioned in the order.

Provided that the Secretary shall before issuing an order cancelling the licence and also before evicting the user or the possessor, give notice asking him to show cause the reason if any, for not issuing such order within a reasonable time, to be specified in the notice.

(5) If the order under sub-rule (4) is not complied within the time specified therein, the Secretary shall evict such person or persons from the building, room or space with or without the assistance of police and the building, room or space, as the case may be, shall be closed. Thereafter all the properties found in that premises become the property of the Panchayat and shall be disposed of and the income therefrom shall be credited in the Panchayat fund.

(6) Every person having bean granted a licence as per sub-rule (1) shall remit without demand the licence fee and other charges at the rate specified in the agreement within the time mentioned therein.

(7) If any licensee defaults the remittance of licence fee beyond the period for which the amount deposited in accordance with the provisions of the licence, the Secretary shall, by notice in writing, demand the defaulter to remit the amount due along with interest or fine provided for in the agreement, within^? days from the issuance of such notice and in the case of default, he shall make to close the premises temporarily at once and evict the possessor or possessors from there with or without the assistance of the police.

(8) Even if such premises are closed under sub-rule (7), the licensee shall continue as the user and possessor of that premises and shall be responsible for the safety of the properties present there. Provided that he shall not open such premises by force or shall re-enter there.

(9) When a premises is caused to be closed by the Secretary under sub-rule (7), he shall direct the licensee to remit the amount due within the period that may be specified in the notice.

(10) If the licensee remits the amount demanded under sub-rule (9), the Secretary shall handover possession of the premises to him immediately and if he defaults the payment of that amount, the Secretary shall cancel the licence at once and the order of cancellation of the licence shall be communicated to him and where it is not possible to communicate to him personally that order, it shall be published in the premises closed under sub-rule (7) and it shall be deemed to be sufficient notice.

(11) Where a licence has been cancelled by the Secretary under sub-rule (10) He shall after giving advance notice to the licensee and public notice dispose of the properties found in the premises by auction or otherwise on the date notified and the income received from it shall be set off towards the amount due from the licensee and other expenses and charges connected with the sale and the balance, if any, shall be returned to the licensee. If the income received from such sale is not sufficient to set off completely the amount to be realised from the licensee and other charges and expenses connected with the sale, the balance amount shall be realised from the licensee as arrear of tax due to the Panchayat.

8. Transfer of property vested in the Panchayat.—(I) Any property of the Panchayat not owned but vested in it may be granted on lease without violating the terms on which it was vested in it.

(2) The transfer under sub-rule (1) shall be in accordances with Form IV appended to these rules.

9. Grant on lease of the sides of roads and streets.—(1) The Panchayat may grant licence, subject to the conditions and restrictions it may deem proper, for erecting tents or other edifices temporarily in any public street vested with the Panchayat or in any other public place, the control of which is vested with the Panchayat.

(2) The Secretary may remove any tent or edifices, or constructions connected with it without notice made as per the said sub-rule, after the expiry of the period for which the licence had been granted under sub-rule (1), and the expenses incurred for such removal thereof shall be realised as provided under section 210 of the Act from the licensee.

(3) Panchayat shall have the power to lease out the sides of the roads and fringes of the streets vested in it, for possession, subject to the terms and conditions and for the period as it thinks fit.

(4) Licence under sub-rule (1) or lease under sub-rule (3) shall not be granted if any construction or possession is likely to be injurious to the health or may cause inconvenience to the public or use of the road in such a manner may lead to severe interruption in other ways.

(5) The Government may through an order restrict or limit the exercise of powers under sub-rules (1) and (3) by the Panchayats generally or by any Panchayat, particularly as it think fit.

10. Reservation for Scheduled-Caste/Scheduled Tribe categories and the Physically Handicapped. —(1) The Panchayat shall reserve ten per cent of each item of the shoprooms, bunks, stalls etc. granted on rent or lease upon licence for persons belonging to scheduled caste/scheduled tribe categoties and three per cent to the physically handicapped (having disbility above 50%) and the same shall be granted by openly inviting applications from such categoties alone.

(2) Where there are no applicants from the category concerned even after openly inviting applications for the shoprooms, bunks etc. reserved under sub-rule (1), the same may be allotted to other categories, provided steps should be taken to allot the next arising vacant space for persons belonging to such category.

11. Transfers to be either in public auction or through tenders.—The transfers of the property of the Panchayat through safe, except renewal of licences, rehabilitation of licensees, granting of lease, letting out on rent, shall either be in public auction or by inviting tenders.

12. The Panchayats not to dispose of property transferred to them by Government.—Notwithstanding anything contained in Rule 8, the Panchayats shall not sell, transfer,-alienate, create any encumbrance on, or otherwise dispose of, any property transferred to them by Government under sub-section (6) of section 166 or sub-section (5) of section 172 or sub-section (5) of section 173 of the Act.

ANNEXURE

FORM I

[See rule 5 (3)].

ACQUISITION BY PURCHASE

This DEED OF SALE is made on this the............day of..........

...............................between ....................son of......................aged.

................................residing at................................(hereinafter called the 'vendor' which expression shall where the context so admits includes his heirs executives, administrators and legal representatives) of the ONE PART and ..............................Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994)................................(hereinafter called the 'purchaser' which expression shall where the context so admits includes its successors and assigns) of the other part.

WHEREAS, the vendor is the absolute owner of the property/properties mentioned and described in the schedule hereto, by virtue of ....................................... (here enter description of the documents under which the property developed on him); and whereas, the vendor has agreed with the purchaser Jo sell absolutely to the latter the said property with (tenement, trees, sheds) standing thereon for the price of Rs.............(Rupees ..........only)

for which the purchaser has agreed.

NOW THEREFORE THIS DEED WITNESSETH that the pursuance of the said agreement and in consideration of the sum of rupees ................................. paid by the purchaser to the vendor on the day of ............................................ (the receipt whereof the vendor doth hereby acknowledge) 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 messuage or tenement erected thereon is commonly called or known as ............................ TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, mud-walls, ways, waters, liberties, previlages, easements advantage and appurtenances whatsoever to the said piece or parcel of land, messuage and premises or any of them in any wise appertaining or heretofore occupied or enjoyed therewith AND all the estate, right, title, interest, property, claim and demand whatsoever of the vendor in and upon the same premise TO HAVE AND TO HOLD the said piece and parcel of land, messuage 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 assigned the premises hereby granted, conveyed and assigned unto the purchaser in manner aforesaid AND that the purchaser shall and may at all times hereafter peacefully and quietly possess and enjoy the said premises 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 any 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 the manner aforesaid as may be reasonably required;

IN WITNESS WHEREOF the vendor hath hereunto set his hand and seal on the day and year first above written.

SCHEDULE

All that piece or parcel of land, banding and premises, situated in the Village 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 west by .............................bearing re-survey

No.......................and old survey No......................and containing on the whole by admeasurement.................................(be the same more or less) signed, sealed and delivered by the above named vendor in the presence of witnesses.

.Witnesses:

I...........................................................(Name, full address)

2...........................................................(Name, full address)

FORM II

(See rule 6)

TRANSFER BY SALE

This Deed made on this the................day of...............................

.............................between......................son of.....................aged.....

residing at ................................................................................. (hereinafter

called the "purchaser" which expression shall where the context so admits include his heirs, successors, executors, administrators, and legal representatives and assigns) of the ONE PART and ................................... Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) (hereinafter called the "vendor" which expression shall where the context so admits includes its successors and assigns) of the other part:

WHEREAS, the vendor is the absolute owner of the piece or parcel of the land, building and premises mentioned and described in the schedule hereto; AND whereas the vendor has agreed with the purchaser to pay rent, if any, outstanding to be paid and to sell absolutely free from all encumbrances to the latter the said property with .................................... standing thereon for the

price of Rs..........(Rupees ........................................only) for which the vendor has agreed; and whereas by Government Order No...........dated day of.............................................................. have sanctioned the sale of the properties mentioned below AND WHEREAS due notice of the sale in accordance with the rules in this regard, has been given.

NOW, THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of rupees .................. paid by the purchaser to the vendor on the day of ................. (the receipt whereof the vendor doth hereby acknowledge) being the beneficiary, authority assigned by taw and also in accordance with other authority 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 messuage or tenement created thereon is commonly called or known as .........................

TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, mud-walls, ways, waters, water courses, liberties, previlages, easements, advantages and appurtenants whatsoever to the said piece or parcel of land, messuage and premises or any of them in any wise, appertaining or heretofore occupied or enjoyed therewith AND all the estate, right, title, interest, property, claim and demand whatsoever, of the vendor in and upon the property and the same premises to HAVE AND TO HOLD the said piece or parcel of land, massuage and premises hereby granted, conveyed and assigned unto the purchaser forever AND the vendor doth hereby covenant and assign the premises hereby granted conveyed and assigned unto the purchaser in the manner aforesaid AND that the purchaser shall and may at all times hereafter peacefully and quietly posses and enjoy the said premises 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 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 or under a trust for the vendor 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 vendor in manner aforesaid as shall may be reasonably required and the vendor hereby undertake and agree that he shall pay all assessments and taxes presently due or may be levied hereafter by the Government of Kerala.

IN WITNESS whereof....................................... for the Panchayat hath hereunto set his hand and seal of the panchayat on the day and year first above written.

THE SCHEDULE

All that piece or parcel of land, building and premises, situated in the Village of ...................in the registration sub-district of ............. in the registration district of .................. in

.......................................District bounded on the north by...................

on the south by..................on the east by...........................and on west by...............................bearing survey No............................and containing on the whole by admeasurement.........................

Signed, sealed and delivered by the...........................................

Panchayat Secretary on behalf of the .................................Panchayat

in the presence of witnesses.

Witnesses

1 ........................

2 ........................

FORM III

TRANSFER OF RENT

[See rule 7 (2) ]

THIS INDENTURE made on this the.......................................day of ................................................................................................... BETWEEN ........................................ aged....................................

son of...................................................................................................

residing, carrying on business at (hereinafter called "the lessee" which expression, where the context admits, shall include his heirs, executors, administrators, legal representatives and assigns) of the ONE PART and the .....................................Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) (hereinafter called "the lessor" which expression where the context admits, shall include its official successors and assigns) of the OTHER PART.

1. In consideration of the rent hereby reserved and of the convenants by the lessor herein contained the lessor demises unto the lessee all that piece or parcel of land with building known as ............................................ with its premises situate in the registration sub-district of in the Registration District of .................................... comprised in survey number ............................ and more particularly described in the schedule attatched hereto for a term of ........................................ years from the ................................................ day of ......................................... paying therefore in advance the rent of Rs ..................... (Rupees ......................................) for each year clear of all deductions the first of such payments to be made on the ............................................days of ...............................................

2. The lessee convenants with the lessor as follows:—

(1) To pay the reserved rent on or before.........................day of every month in advance and in the manner aforesaid.

(2) To bear, pay and discharge all taxes, charges, assessment and outgoings payable in respect of the demised building and premises.

(3) To keep the exterior and interior of the demised building premises and all additions thereto and the boundary walls and fences thereof and the drains, earthern pipes and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof in good and tenable repair condition.

(4) Not to make or permit to be made under any circumstances any alterations in or additions to the demised buildings without the permission in writing of the lessor provided always that if the lessee, is permitted to make any alterations by the lessor, the lessee shall not be entitled to any compensation therefore.

(5) To permit the lessor with, or without workmen at all reasonable times on giving one day's previous notice to enter upon the demised land and to View the condition thereof and after one month from the date of serving notice to the lessee to do the repairs thereon.

(6) Not to assign or sub-let or part with the possession of the demised building or premises or any part thereof without obtaining prior written consent of the lessor.

(7) To yield up the demised building, premises, fixture and all additions thereto at the determination of tenancy in good and tenable repair and condition in accordance with the convenants herein contained.

3. The lessor convenants with the lessee as follows:—

(I) That the lessee paying the rent hereby reserved and observing and performing the several convenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised house, building and premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for the lessor.

(2) To carryout all repairs to main walls, roof and foundations due to wear and tear at his own cost and the decision of the ........................................................ Divisional Executive Engineer for the time being to the necessity for such repairs being final.

4. PROVIDED ALWAYS and it is hereby expressely agreed by and between the parties hereto as follows:—

(1) If the rent hereby reserved or any part thereof shall be unpaid for 14 days after becoming payable (whether formally demanded or not) or if any convenant on the lessee's part herein contained shall not be performed or observed or if the lessee or other person in whom for the time being the terms hereby created shall be wested shall become insolvent then and in any of the time thereafter to re-enter upon to the demised premises or any part thereof in the name of the whole and there upon this rent deed shall absolutely determine but without prejudice to the right of action of the lessor in respect of breach of any of the lessee's convenant herein contained.

(2) If the lessee desires to determine the present rent deed and shall give to the other party three calendar months 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 one party against the other in respect of any antecedent claim or breach of convenant.

(3) On the written request of the lessee within three calendar months prior to the expiry of the period for which the lease is granted the lessor will grant on lease the rented building and premises for a further period of ...................................... years under the terms and conditions for renewal with the same terms and conditions contained on this indenture.

In witness whereof the........................................................for and on behalf of the lessor Panchayat have set their hands and the seal of the Panchayat is hereto affixed on the day and year first above written.

SCHEDULE

All that piece or parcel of land and permises situated in the registration sub-district of....................................................in the registration district of............................................................in the........

district and bounded on the north by......on the south by .................... on the east by.........................................and on the west by..............................................................bearing resurvey No................

...............and old Survey No.................and containing on the whole by admeasurement........................(be the same more or less).

Signed and sealed by the above first named (lessee) in the presence of the following witnesses.

Witnesses:

1. 2.

Signed by the second named, Panchayat Secretary, the lessor in the presence of witnesses.

Witnesses1.

2 common seal of the office of the Panchayat affixed in the presence of...............................................

FORM IV

[See rule 8 (2)]

TRANSFER BY LEASE

THIS INDENTURE made on this the.............day of.................

BETWEEN the Panchayat of...........................constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) (hereinafter called "lessor" which expression-where the context admits shall include his successors and assigns) of the one part AND Sri/Smt..........................................................................................aged son/ daughter of......................................................................residing at .................and

carrying on the business of..............(hereinafter called.the "lessee" which expression where the context admits shall include his heirs, executors, administrators, legal representatives and permitted assigns) of the other part.

WHEREAS, the lessee has applied to the lessor for a lease of the property more particularly described in the first schedule hereto for a period and at the rate of lease rent prescribed and subject to the terms and conditions hereinafter contained in the second schedule.

AND WHEREAS, the lessor has agreed to grant a lease of the said property in the manner hereinafter contained.

1. NOW THIS INDENTURE WITNESSETH:—

That in consideration of the lease rent hereby reserved and of the covenants by the lessee herein contained the lessor demises unto the lessee, ALL that piece or parcel of land together with the building and premises known as ...................................... situate in the registration district of ....................................................................in the registration sub-district

of................................bearing survey No......................for the term from...................day of.............................................month of....................................year.

2. The lessee covenants with the lessor as follows:—

(1) To pay the reserved rent on or before the first day of the month or before in advance and in the manner aforesaid.

(2) To bear, pay and discharge all existing and future charges, assessments and outgoings, payable in respect of the said buildings and boundaries inclusive of the ground rent of Rs .............................................................(Rupees ................................) or any other sum that may from time to time be levied as such, upon the piece or parcel of the land by the Collector of the ......................district on behalf of the Central Government or the Government of Kerala.

(3) lo Keep the exterior and the interior of the demised premises and all additions thereto and the boundary walls and fences additions thereto and the boundary walls and fences thereof and the drains, mud pipes, and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof always in good and tenable repair and conditions and

(4) Not to make or direct to make or permit to he made under any circumstances any alterations in or additions to the demised land or buildings without the previous consent in writing of the lessor or the person authorised by

PROVIDED ALWAYS that if the lessee is permitted to make any alterations by the lessor the lessee shall not be entitled to any compensation therefore.

(5) To permit the lessor and his authorised officers or agents 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 or his authorised officers to repair within one month from the date of service of the notice in accordance therewith.

(6) Not to assign, underlet or part with the possession of the demised property, building or premises or any part thereof without obtaining the prior written consent of the lessor.

(7) To yield up the demised building and premises with all fixtures thereon and additions thereto at the determination of the tenancy in good and tenable repairs and conditions in accordance with the covenants herein containd.

3. The lessor covenants with the lessee as follows: —

(1) The lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on this part contained shall peaceably hold and enjoy the demised building and premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.

(2) IV carry out at his expense, all repairs to main walls, roof and foundations due to fair reasonable wear and tear and the decision of the Engineer 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 lease amount or rent hereby reserved or both or any part thereof is unpaid for 14 days after becoming payable (whether formally demanded or not) or if any covenant on the lessee's part herein contained is not performed or observed or if the lessee or any other person in whom for the time-being the terms hereby created shall be vested shall become insolvent then and in any of the said cases it shall be lawful for the lessor or his authorized officers at any time there after to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this indenture 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 at any time it appears to the lessor (whose decision shall be final) that it is necessary in the public interest to determine the lease it shall be lawful for the said lessor forthwith to cancel this lease by notice in writing addressed to the lessee at his last known place of residence and therupon this lease shall absolutely determine and the lessee shall not be entitled to any compensation whatsoever in respect of such determination except a proportionate abatement of any rent that have been paid by the lessee in advance.

IN WITNESS whereof.................................for and on behalf of the Panchayat and Sri/Smt.....................................the lessee have set their hands and the seal of the Panchayat is hereto affixed the day and year first above written.

FIRST SCHEDULE

All that piece or parcel of land and premises situated in the village of ............................................... in the registration sub-district of ........................................................in the registration district of..........................................and bounded on the north by.............................................on the south by on the west by and on the east by ......................... bearing survey No.......................and Door No.........................................and containing on the whole by admeasurement ............................... (be the same more or less).

THE SECOND SCHEDULE

Conditions imposed by the District Collector under rule......................................................................................................

(1)

(2) (3)

Signed, sealed and delivered by the Secretary of the Panchayat in the presence of the following witnesses:

(1) (2)

Signed by Sri............................................................(the lessee) in the presence of witnesses

(1) ........................................................

(2) .........................................................

By order of the Governor,

S. M. VlIAYANAND,

Principal Secretary to Government.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

Section 178 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) provide for the acquisition of immovable properties for public purpose by a Panchayat Clause xxxvii of sub-section (2) of section 254 empowers me Government to make rules for this purpose. Government purpose to make rules accordingly.

This notification is intended to achieve the above object.