Section 2 in Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001
2. Conditions for Acquisition of immovable property.
(1)No Gram Panchayat, Mandal Parishad and Zilla Parishad shall acquire any immovable property unless the following conditions are satisfied, namely: -(a)If the property to be acquired is to be used for a purpose which has a bearing on public health or sanitation, the approval of District Medical and Health Officer shall be obtained:(b)That the property is approved by the Superintendent Engineer (Panchayat Raj) as well as by the District Panchayat Officer in the case of Gram Panchayats, the Chief Executive Officer in the case of Mandal Parishads and Commissioner, Panchayat Raj in the case of Zilla Parishads as suitable for the purpose for which it is intended, in case where the estimated cost exceeds Rs. 10,000/- in the case of Gram Panchayats, Rs. 25,000/- in the case of Mandal Parishads and Rs. 1,00,000/- in the case of Zilla Parishads:Provided that in case there is a difference of opinion between the Superintendent Engineer (Panchayat Raj) and the District Panchayat Officer or the Chief Executive Officer in the case of Mandal Parishad and Commissioner of Panchayat Raj in the case of Zilla Parishad, as the case may be, the case shall be referred for the decision of the District Collector in the case of Gram Panchayat and Mandal Parishad, and Government in the case of Zilla Parishad and their decision thereon shall be final;(c)that the property, if its value exceeds Rs. 10,000/- and if it is intended for educational purposes, the approval of the District Educational Officer is also necessary;(d)that the property, if its value exceeds Rs. 10,000/- and if it is intended for hospitals and dispensaries, the approval of the District Medical and Health Officers is also necessary;(e)that the property shall not be acquired otherwise than under the Land Acquisition Act, 1894, unless the previous approval of the District Collector has been obtained thereof;(f)that in the case of the lands acquired otherwise than under the Land Acquisition Act, 1894, a valuation certificate is obtained from the Revenue Department and that no amount in excess of such valuation shall be paid without obtaining the specific approval of the District Collector in that behalf;(g)that in the case of buildings, a valuation and a certificate regarding structural stability are obtained from the Executive Engineer (Panchayat Raj) and that no amount in excess of such valuation shall be paid without obtaining the specific approval of the District Collector in that behalf; and(h)that in every case where the consideration for the property is not less than Rs. 1,000/-an encumbrance certificate is obtained from the Sub-Registrar concerned in respect of such property and examined by the Legal Adviser of the Gram Panchayat, Mandal Parishad, Zilla Parishad as the case may be, unless the nature of the transaction as such by law, the property is free of all encumbrances:(1)in case of alienation of land to Government Department, if the land and structure belonging to Gram Panchayat; where the value of land is more than Rs. 25,000/-and in the case of Mandal Parishad, where the value is more than Rs. 50,000/- prior approval of Collector shall be obtained. In case of Zilla Parishads, wherever the value of the land and structure exceeds Rs. 2.00 lakhs, prior approval of Government shall be obtained. In case of alienation in favour of Government organisations, where Government has a stake of more than 50% and wherever the value of the land exceeds Rs. 25,000/- in the case of Gram Panchayat, Rs. 50,000/- in the case of Mandal Parishad and Rs. 1.00 lakh in the case of Zilla Parishad, prior approval of Government shall be obtained.(2)The deed transferring the property to the Gram Panchayat, Mandal Parishad and Zilla Parishad shall be in the appropriate form as specified in Schedule I appended to these rules, with such variations as circumstances may require.The provisions of sub-rules (1) and (2) shall not apply to a case where the Gram Panchayat, Mandal Parishad and Zilla Parishad has to purchase immovable property brought to sale in execution of a decree obtained by it.
