Primary law, Tamil Nadu land law
Tamil Nadu Panchayats (Licensing of Pandals and Temporary Structures on Road Margins vested in the Highways and Rural Works Department in Village Panchayat Areas) Rules, 1999
The Governor of Tamil Nadu issued the Tamil Nadu Panchayats (Licensing of Pandals and Temporary Structures on Road Margins vested in the Highways and Rural Works Department in Village Panchayat Areas) Rules, 1999, through the Rural Development (C4) Department, G.O.Ms.No.150, dated 21st July 1999, superseding the earlier rules on the subject. The rules require a Village Panchayat licence for pandals and temporary structures on specified public roads, and regulate their duration, fees, deposits, removal and responsibility for damage.
What the rules govern
The Tamil Nadu Panchayats (Licensing of Pandals and Temporary Structures on Road Margins vested in the Highways and Rural Works Department in Village Panchayat Areas) Rules, 1999 govern temporary occupation of public roads within Village Panchayat limits for fairs or festivals. They cover roads vested in a Village Panchayat, Panchayat Union, the Highways and Rural Works Department or the Public Works Department.
The rules affect anyone proposing to erect a pandal or another temporary structure in or over such a public road. They also set duties for Village Panchayats, their Executive Authorities and local police.
Licence and police consultation
The Executive Authority of the Village Panchayat concerned must grant a licence before a pandal or temporary structure is erected. The licence may include conditions imposed by the Village Panchayat, in addition to general directions issued by the relevant government departments.
Key application requirements are:
- A copy of the licence application must be submitted simultaneously to the local police.
- The Executive Authority must consult the local police before granting the licence.
- Police recommendations must be sent within five days of the reference.
- If the police do not reply within five days, they are presumed to have no objection.
Duration, fee and deposit
Occupation is allowed only temporarily during a fair or festival. The permitted period cannot extend beyond three days before the fair or festival begins and three days after it ends, excluding the event's actual duration.
The Village Panchayat must fix the licence fee at not less than one rupee per square metre of the pandal or temporary structure for three days or part of three days. It may increase that rate. The fee must be paid in advance, but advance payment does not guarantee that a licence will be granted.
An applicant must also deposit an amount equal to 25 per cent of the licence fee. The deposit is refundable when the site is vacated, subject to deductions for dismantling.
Site restoration and damage
The licensee must remove the temporary structure and restore the site after the fair or festival. If the licensee fails to do so, the Executive Authority may dismantle it, deduct the cost from the deposit and recover any shortfall as arrears of taxes due to the Village Panchayat.
No masonry or other permanent structure may be erected on a public road except by the Village Panchayat, the Highways and Rural Works Department or the Public Works Department. A Village Panchayat must recover from the licensee compensation payable for damage to roadside trees or produce.
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Common questions
Do I need permission to put up a festival pandal over a public road in a Village Panchayat area?
Yes. A licence from the Executive Authority of the Village Panchayat concerned is required before erecting a pandal or other temporary structure in or over a covered public road.
How long can a temporary pandal remain on the road?
Occupation is limited to the fair or festival period, plus no more than three days before it begins and three days after it ends.
Does paying the licence fee guarantee approval?
No. The licence fee must be paid in advance, but accepting advance payment does not by itself entitle the applicant to a licence.
What happens if I do not remove the structure when the licence expires?
The Executive Authority may dismantle it at the licensee's cost. The cost may be deducted from the deposit, and any balance may be recovered as arrears of taxes due to the Village Panchayat.
