Panchayat:Repo18/Law Manual Page0710

710 THE KERALA PANCHAYAT LAW MANUAL Rule 8

premises by auction or otherwise on the date notified and the income received from it shall be set off towards the amount due from the licensee and other expenses and charges connected with the sale and the balance, if any, shall be returned to the licensee. If the income received from such sale is not sufficient to set off completely the amount to be realised from the licensee and other charges and expenses connected with the sale; the balance amount shall be realised from the licensee as arrear of tax due to the Panchayat.

8. Transfer of property vested in the Panchayat. - (1) Any property of the Panchayat not owned but vested in it may be granted on lease without violating the terms on which it was vested in it.

(2) The transfer under sub-rule (1) shall be in accordances with Form IV appended to these rules.

9. Grant on lease of the sides of roads and streets .- (1) The Panchayat may grant licence, subject to the conditions and restrictions it may deem proper, for erecting tents or other edifices temporarily in any public street vested with the Panchayat or in any other public place, the control of which is vested with the Panchayat.

(2) The Secretary may remove any tent or edifices, or constructions connected with it without notice made as per the said sub-rule, after the expiry of the period for which the licence had been granted under sub-rule (1) and the expenses incurred for such removal-thereof shall be realized as provided under section 210 of the Act from the licensee.

(3) Panchayat shall have the power to lease out the sides of the roads and fringes of the streets vested in it, for possession, subject to the terms and conditions and for the period as it thinks fit.

(4) Licence under sub-rule (1) or lease under sub-rule (3) shall not be granted if any construction or possession is likely to be injurious to the health or may cause inconvenience to the public or use of the road in such a manner may lead to severe interruption in other ways.

(5) The Government may through an order restrict or limit the exercise of powers under subrules (1) and (3) by the Panchayats generally or by any Panchayat, particularly as it think fit.

10. Reservation for Scheduled Caste/Scheduled Tribe categories and the Physically Handicapped. - (1) The Panchayat shall reserve ten per cent of each item of the shoprooms, bunks, stalls etc. granted on rent or lease upon licence for persons belonging to scheduled castel scheduled tribe categories and three percent to the physically handicapped (having disability above 50%) and the same shall be granted by openly inviting applications from such categories alone.

(2) Where there are no applicants from the category concerned even after openly inviting applications for the shoprooms, bunks etc. reserved under sub-rule (1) the same may be allotted to other categories, provided steps should be taken to allot the next arising vacant space for persons belonging to such category.

11. Transfers to be either in public auction or through tenders. — The transfers of the property of the Panchayat through sale, except renewal of licences, rehabilitation of licensees, granting of lease, letting out on rent, shall either be in public auction or by inviting tenders.
12. The Panchayats not to dispose of property transferred to them by Government.-- Notwithstanding anything contained in rule 8, the Panchayats shall not sell, transfer, alienate, create any encumbrance on, or otherwise dispose of, any property transferred to them by Government under sub section (6) of section 166 or sub-section (5) of section 172 or sub section (5) section 173 of the Act.