Primary law, Tamil Nadu land law
The Tamil Nadu Panchayats (Regulation of the use of Communal Lands by Panchayats in Estates) Rules, 1999
The Governor of Tamil Nadu issued the Tamil Nadu Panchayats (Regulation of the use of Communal Lands by Panchayats in Estates) Rules, 1999 through the Rural Development (C-4) Department under G.O. (Ms) No.273, dated 28th December, 1999. The Rules govern how Village Panchayats may use or change the communal use of land in listed Estate Villages, subject to landholder rights, public objections and Collector approval, and they supersede the earlier rules on Panchayat use of communal lands in estates.
Scope and affected land
The Tamil Nadu Panchayats (Regulation of the use of Communal Lands by Panchayats in Estates) Rules, 1999 apply to Estate Villages notified under the Tamil Nadu Estates Land Act, 1908 and listed in the appendix. They regulate Village Panchayat action concerning communal lands, including threshing fields, cattle stands, village sites and other village lands set apart for particular purposes.
The appendix lists Estate Villages in Madurai, Tirunelveli, Ramanathapuram, Dharmapuri, Thanjavur, Nagapattinam and Pudukkottai districts. The people directly affected can include landholders, residents, ryots, and anyone possessing or controlling the land.
Restrictions and Collector control
The Tamil Nadu Panchayats (Regulation of the use of Communal Lands by Panchayats in Estates) Rules, 1999 impose the following controls:
- A Village Panchayat must not take action that affects a landholder's reversionary right in communal land.
- For land in a town or village site, the Panchayat must not affect the landholder's right to assign a vacant portion as a house-site when that portion is not commonly used by inhabitants for a lawful purpose.
- If the legal description of land is disputed, the Panchayat cannot exercise its power over that land until the question is decided under the Tamil Nadu Estates Land Act, 1908.
- Panchayat action is subject to District Collector control. The District Collector may consult the Panchayat Executive Authority and alter or modify the action.
- Other rules concerning regulation of land use and planting trees apply with the necessary changes.
Changing the communal purpose
The Tamil Nadu Panchayats (Regulation of the use of Communal Lands by Panchayats in Estates) Rules, 1999 allow a Village Panchayat to propose another specified communal use when land is no longer required for its original purpose. The proposal may begin on the Panchayat's own initiative or following a representation from a resident.
Before seeking approval, the Panchayat must:
- Publish notice in the village by beat of drum and display it at the Panchayat office.
- Allow at least thirty days for objections.
- Personally serve the landholder or person possessing or controlling the land, or send notice by registered post with acknowledgement due.
- Hear timely objections and allow oral and documentary evidence.
- Record reasons for overruling objections and show that customary rights were considered and would be adequately provided for.
The Panchayat must then apply to the Collector. The Collector may conduct an enquiry and permit the proposed use, after which the Panchayat issues the appropriate order. If not satisfied, the Collector must record reasons, reject the application and communicate the decision to the Panchayat.
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Common questions
Can a Village Panchayat change communal land to another use without Collector approval?
No. When communal land is proposed for another specified communal purpose, the Village Panchayat must complete the notice and objection process and obtain the Collector's permission.
Will a landholder receive personal notice of a proposed change?
Yes. A copy must be served on the landholder or the person possessing or controlling the land, either personally or by registered post with acknowledgement due, with thirty days to object.
What happens if the classification of the land is disputed?
The Village Panchayat cannot exercise its power over the disputed land until the classification question is decided under the Tamil Nadu Estates Land Act, 1908.
Can residents object to a proposed new communal use?
Yes. The Village Panchayat must publish notice, allow at least thirty days for objections, hear objections received in time and provide a reasonable opportunity to submit oral and documentary evidence.
