Primary law, Tamil Nadu land law
The Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000
The Governor of Tamil Nadu, through G.O. (Ms) No.317 of the Rural Development (C4) Department, dated 6th December, 2000, made the Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000. The rules govern the use, maintenance, inspection, alternate use and removal of encroachments relating to Government Poramboke lands regulated by Village Panchayats, and supersede the earlier rules on the subject.
What the rules govern
The Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000 apply to Poramboke land at the disposal of the Government where its use is regulated by a Village Panchayat. They affect Village Panchayats, persons using or encroaching on such land, revenue officials and members of the public who may object to a proposed alternate public use.
A Poramboke cannot be used for a purpose different from its original purpose without the Collector's prior approval. The Collector may impose conditions and restrictions on the alternate use.
Alternate use and regulation
The Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000 require the following process:
- If a Village Panchayat considers that specified Poramboke land is no longer needed for its original purpose, it must publish notice of the survey number and proposed public purpose.
- The notice must invite objections and allow at least thirty days from publication.
- Publication must be by beat of tom-tom and by display in a conspicuous part of the Village Panchayat office building.
- After the objection period, the proposal and objections must be sent to the Collector for orders.
- A Village Panchayat seeking to regulate another covered Poramboke must send the Collector its resolution, survey details, boundaries, extent, existing use and a description of trees on the land.
Records, inspection and fees
The Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000 require each Village Panchayat to maintain a list recording survey numbers, boundaries, extent, use and trees for regulated Porambokes. The Village Administrative Officer and inspecting officers of the Revenue Department may inspect such land at any time.
A Village Panchayat may levy a fee under a rate schedule approved by the Collector. The schedule must not be less than seven per cent of market value for non-commercial use and fourteen per cent for commercial use.
Maintenance and encroachments
The Tamil Nadu Panchayats (Restriction and Control to Regulate the Use of Porambokes in Ryotwari Tracts) Rules, 2000 provide that:
- Threshing floors, cart-stands, cattle-stands, burning grounds and burial grounds must be kept sanitary.
- Topes must be maintained, with replacement planting for fallen, withered or dead trees.
- Village Panchayats may lease topes under suitable conditions and receive income from their trees.
- Village Panchayats must act to remove encroachments from covered Porambokes.
If a Village Panchayat defaults, the Village Administrative Officer issues a B. Memo. After three months from its receipt by the Village Panchayat, the Tahsildar may order removal of encroachments considered objectionable. Appeals lie first to the Revenue Divisional Officer and then to the District Collector.
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Common questions
Can a Village Panchayat change the use of Poramboke land by itself?
No. A Poramboke regulated by the Village Panchayat cannot be used for another purpose without the Collector's prior approval, and the Collector may impose conditions and restrictions.
Can local residents object to a proposed alternate public use?
Yes. For the specified Porambokes, the Village Panchayat must publish a notice and allow at least thirty days for objections before sending the proposal and objections to the Collector.
Can a Village Panchayat charge for using Poramboke land?
Yes. It may levy a fee under a schedule approved by the Collector, with minimum levels of seven per cent of market value for non-commercial use and fourteen per cent for commercial use.
What appeal is available against a Tahsildar's encroachment removal order?
An appeal lies to the Revenue Divisional Officer. A second appeal lies to the District Collector.