Section 8 in Tamil Nadu Panchayats (Employees Conduct) Rules, 2001
8. Movable, immovable and valuable property.
- No panchayat employee shall, except after notice to the concerned panchayat acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any dependent member of his family.Such a notice will be necessary even where any immovable property is acquired by any member of the family of the panchayat employee out of the panchayat employee:Provided that the previous sanction of the concerned panchayat shall be obtained in any such transaction is with person having official dealings with the panchayat employee:Provided further that the previous sanction of the panchayat shall not be necessary for the acquisition of immovable property in respect of house-site assigned by the Government to the panchayat servant.Explanation. - A panchayat employee is not required to give notice to the concerned panchayat or seek prior permission from the concerned panchayat for acquisition or disposal of immovable properties by the members of his family under sub-rule (1), if the immovable property is acquired from the resources of the panchayat employee concerned.(2)Every panchayat employee, for the construction or extension or acquisition of a house shall-report to the concerned panchayat in the manner -(i)before starting the construction or extension or entering into organization of a house either from out of loan nor part-final withdrawal from the Provident Fund, he shall obtain of the panchayat in Form I or II, as the case may be;(ii)after completing the construction or extension, the share report to the concerned panchayat;(iii)Every panchayat employee shall, if he is a member of the Hindu undivided family and the share of the panchayat employee is the cost of repairs made to the undivided property of the joint family, out of the joint fund exceeds Rs. 10,000 (Rupees ten thousand only) intimate the fact to the concerned panchayat as and when such repair are brought to his notice.(3)No panchayat employee shall encroach upon the panchayat lands or Government lands.(4)A panchayat employee who enters in to any transaction concerning any movable property exceeding Rs. 15,000 (Rupees fifteen thousand) in value (whether by way of purchase or sale) shall report to the one month from the date of every such transaction:Provided concerned panchayat with in the previous sanction of the concerned panchayat shall be obtained if any such transaction is with a person having official dealings with the panchayat employee:Provided further that a panchayat employee who is about to quit the local limits of his official authority, may, with put reference to the concerned panchayat dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction.Explanation. - For the purpose of this sub-rule, the expression "movable property" include the following property, namely: -(a)Jewellery, Insurance Policies, Share certificate and debentures;(b)Motorcars, Motorcycles, or any other means of conveyance; and(c)Refrigerators, Color Televisions, Video Cassette Recorder, Computer;(5)The concerned panchayat shall dispose of the application seeking the sanction/permission referred to in sub-rules (1) and (2) and with in the period of two months from the date of receipt of such application from the panchayat employees. If any clarifications or particulars are sought for from the panchayat employee, the said period of two months shall be reckoned from the date of receipt such clarifications or particulars. Where no order according to such sanction or granting such permission is issued within the said period of two months, it shall be deemed that the concerned panchayat has accorded the sanction of granted the permission on the expiry of the said period of two months and the panchayat employee can acquire or dispose the immovable property, purchase or sale the movable property or commence the construction/extension of the house.(6)Every panchayat employee shall submit a return of his assets and liabilities as on the 31st December before the 31st March every year and thereafter at an interval of five years on or before the 31st day of March of the year immediately following the year to which the return relates giving the full particulars in the format specified in Form HI appended to these rules:Provided that every panchayat employee shall within three months of his first appointment to service or post, submit his return of assets and liabilities as on his entry into services in the form specified in Form-IV.Explanation. - In all returns, the value of immovable property worth less than Rs. 10,000 (Rupees ten thousand only) may be added and shown as lump sum. The value of articles of daily use such as clothes, utensils, crockery, books, etc. need not be included in such return. The movable or immovable properties acquired by the members of the family of a panchayat employee solely with their own resources need not be included in such returns.(7)The return mentioned in sub-rule (6) shall be handled as a secret document and the provision of rule (11) shall as far as may be apply to the said return also.(8)The panchayat which maintains the personal files and Record Sheets shall maintain registers group wise in respect' of all panchayat employee working under its administrative control showing all immovable properties held by each of them and shall revise them with reference to the particulars furnished by the panchayat employee in subsequent returns as prescribed in sub-rule (6).(9)Any attempt to mislead and any failure to give full and correct information shall render the panchayat employee concerned liable to severe disciplinary action.(10)Sanction shall, on no account be accorded for the purchase of land for any commercial purpose in any part of India, by a person employed, or concerned, in the collection of revenue.(11)The restrictions on the acquisitions and possession of immovable property shall apply in the acquisition and possession of any personal interest in such property and to the acquisition and possession of such property by a panchayat employee in the name of any other person but not to the acquisition or possession of an interest as trustee, executor or administrative only.(12)Except in accordance with the procedure laid down by the Government, no panchayat land shall be sold or granted on lease to any panchayat employee, whether in permanent or temporary employment.(13)A panchayat employee shall not be allowed to acquire land, except house site for ready built house, for any other purpose within the revenue district in which he is serving.
