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State of Tamilnadu - Section

Section 3 in Tamil Nadu Panchayats (Acquisition and Transfer of Immovable Property) Rules, 2000

3. Condition for acquisition of immovable property.

(1)Every panchayat shall acquire any immovable property subject to the conditions that -
(a)the property, if intended for any purpose other than roads, bridges, culverts or quarries, is approved by the Deputy Director of Public Health and Preventive Medicine of the district concerned or any person authorised by him as suitable from the public health and sanitary point of view for the purpose for which it is intended;
(b)the property is also approved by the Engineer of the Government department specified by the Government, from time to time, as suitable for the purpose for which it is intended in cases when the estimated cost exceeds ten thousand rupees;
(c)the property, if the value exceeds ten thousand rupees and if it is intended for educational purposes, is also approved by the Chief Educational Officer of the district;
(d)the property, if its value exceeds ten thousand rupees and if it is intended for dispensaries, is approved by the Joint Director of Medical Services of the district concerned also;
(e)the property, shall not be acquired otherwise than under the Land Acquisition Act, 1894 (Central Act I of 1894), unless the previous approval of the Collector has been obtained therefor;
(f)in the case of lands acquired otherwise than under the said Act, 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 Collector in that behalf;
(g)in the case of buildings, a valuation certificate and a certificate of structural stability are obtained from the Engineer of the Government department as prescribed by the Government and that no amount in excess of such valuation shall be paid without obtaining the specific approval of the Collector in that behalf; and
(h)in every case where the consideration for the property is not less than two thousand rupees, an encumbrance certificate is obtained from the Registration Office in respect of such property and examined by the legal adviser of the panchayat concerned unless the nature of the transaction is such as will.
(2)The deed transferring the property to the panchayat shall be in the appropriate Forms in Schedule I, with such variations as circumstances may require.
(3)The provisions of sub-rules (1) and (2) shall not apply to a case, where the panchayat has to purchase immovable property brought to sale in the execution of a Court decree obtained by it.