Primary law, Tamil Nadu land law
The Tamil Nadu Panchayats (Public Landing Places, Halting Places, Cart-Stands) Rules, 1999
The Governor of Tamil Nadu issued the Tamil Nadu Panchayats (Public Landing Places, Halting Places, Cart-Stands) Rules, 1999 through the Rural Development Department under G.O. (Ms.) No. 184, Rural Development (C4), dated 30th August, 1999. The rules supersede the earlier rules on public halting places and cart-stands, regulate how Village Panchayats establish, close and operate these facilities, and contain a rate table carrying an amendment note for G.O. Ms. No. 118, Rural Development (C2), dated 26th July 2004.
What the rules govern
The Tamil Nadu Panchayats (Public Landing Places, Halting Places, Cart-Stands) Rules, 1999 govern public landing places, halting places and cart-stands provided by Village Panchayats. For these rules, a cart includes road conveyances such as carriages, wagons, vehicles, bicycles, tricycles, pedal or motorised rickshaws, motorcycles, scooters and mopeds.
Approval and land details
A Village Panchayat proposing such a facility must apply to the Inspector. The application must include:
- The survey number, extent and classification of the proposed land.
- A sketch showing the land's location in relation to important roads and neighbouring lands.
- Any additional particulars specifically required by the Inspector.
For a stand intended wholly or partly for motor vehicles, the Inspector must consult the Regional Transport Authority and consider its opinion before granting sanction. A Village Panchayat also needs the Inspector's prior permission to close a facility temporarily or permanently.
A road or road margin should not ordinarily be declared as one of these facilities. In a special case, the Inspector may permit it after consulting the authority responsible for the road and deciding that sufficient road space remains. An entire village cannot be declared a public landing place, halting place or cart-stand.
Operation, restrictions and notice
After providing an authorised facility, a Village Panchayat may prohibit use of public places or public roads for the same purpose within one kilometre. The restriction does not apply to a motor vehicle that is not a stage carriage. Passenger vehicles stopping for no more than two minutes to pick up or drop passengers or luggage, and goods vehicles stopping only for loading or unloading, are not treated as using the location as a stand.
The Village Panchayat must publish opening details and user fees at its office and in the District Gazette. A conspicuous notice at the facility must show the rates, authorised fee collector and prohibited distance.
Fees, amenities and enforcement
The rules prescribe minimum daily fees for specified vehicles and animals. Required amenities include passenger, vehicle and animal shelter, lighting, drinking water and toilets.
If a fee is unpaid on demand, the authorised collector may seize sufficient load or appurtenances, or the vehicle or animal where necessary. The property must be forwarded within twenty four hours, with notice before public auction. Sale proceeds may cover the fee, an authorised penalty, and the stated seizure charge. Any surplus must be returned, and payment of the fee and seizure charge before sale requires immediate release.
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Common questions
Can a Village Panchayat use land for a new cart-stand without approval?
The Village Panchayat must apply to the Inspector and provide the land's survey number, extent, classification and a location sketch. The Inspector may also require further particulars.
Can a road margin be declared a public halting place?
A road or road margin should not ordinarily be used. The Inspector may permit it in a special case after consulting the authority responsible for the road and finding that sufficient road space remains.
What facilities must be available at a Panchayat cart-stand?
Every public landing place, halting place or cart-stand must have shelter for passengers, vehicles and animals, along with lighting, drinking water and toilet facilities.
What can happen if I do not pay the stand fee?
The authorised collector may seize sufficient property connected with the vehicle or animal, or seize the vehicle or animal if necessary. The property may be released upon the required payment before sale, otherwise it may be sold by public auction after the prescribed notice process.