Official guidance, Tamil Nadu land law
G.O. (Ms) No. 241, Land, Delegation of powers to District Collectors, Instructions Issued
The Revenue and Disaster Management Department, Land Disposal Wing, issued G.O. (Ms) No. 241 dated 16 May 2020 to delegate powers to District Collectors to grant enter upon permission for specified Government poramboke lands. It allows quicker access for Tamil Nadu Government departments and undertakings, subject to Government approval, payment and departmental consent requirements. Its stated scope is Government poramboke land allotted to government bodies, rather than ordinary transactions between private property owners.
What the document governs
G.O. (Ms) No. 241 dated 16 May 2020 governs enter upon permission for Government poramboke land required by Tamil Nadu Government departments, agencies and undertakings. The Revenue and Disaster Management Department issued the instructions to reduce delays in land transfer and alienation proposals.
Enter upon permission allows the approved government body to enter the land while the required transfer or alienation process is completed. District Collectors and the Principal Secretary and Commissioner of Land Administration must follow these instructions when dealing with future permissions.
Powers given to District Collectors
G.O. (Ms) No. 241 delegates the following powers:
- District Collectors may grant enter upon permission for unobjectionable poramboke land required by State Government departments, without applying monetary limits.
- District Collectors may grant permission for objectionable poramboke land required by State Government departments, without monetary limits, if the concerned land owning department gives a no objection certificate and the competent authority issues the transfer order.
- District Collectors may grant permission for unobjectionable poramboke land required by State Government undertakings, after obtaining an undertaking concerning payment of land cost under the Revenue Standing Orders.
- Permission for objectionable poramboke land required by State Government undertakings also requires a no objection certificate, an alienation order from the competent authority and an undertaking concerning payment of land cost.
- The existing permission already given to District Collectors for Tamil Nadu Generation and Distribution Corporation Limited continues.
If a land owning department objects, the matter may be sent to the Commissioner of Land Administration. The Commissioner may hear the requisitioning body and the objecting department, decide the issue and direct the Collector to act.
Approval and valuation conditions
The requisitioning body must obtain a Government Order from its concerned administrative department. The District Collector may then issue enter upon permission after the required Government Order is received and the fixed land cost is fully collected.
The document provides for Guideline Value to be used in the specified cases involving fully owned State Government bodies and bodies in which the State Government has at least 50 percent equity. For certain bodies, this is conditional on the land not later being used in a commercial transaction or transferred to private parties.
Central Government land requests
G.O. (Ms) No. 241 does not delegate the same process for transfers or alienations to Central Government departments or undertakings. The existing procedure continues, with proposals going through the Commissionerate of Land Administration to the Revenue Department for orders.
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Common questions
Does G.O. (Ms) No. 241 apply to the purchase or sale of private patta land?
Its stated scope is enter upon permission, transfer and alienation of Government poramboke land for government departments, agencies and undertakings. It does not set out a procedure for ordinary private land sales.
Can a District Collector permit entry onto objectionable poramboke land?
Yes. The concerned land owning department must provide the required no objection certificate, and the competent authority must issue the transfer or alienation order.
What happens if the land owning department refuses to give consent?
The matter may be sent to the Commissioner of Land Administration. The Commissioner may convene a meeting with the requisitioning body and the objecting department, decide the issue and issue an order for the Collector to follow.
Does the delegated procedure apply to Central Government departments and undertakings?
No new delegated procedure is provided for them. The existing process continues, and proposals must be forwarded through the Commissionerate of Land Administration to the Revenue Department.