Property to acquire and hold Property

The Daman and Diu Municipalities Regulation 1994

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Statutory text

(1) Subject to any special reservation made or any special conditions imposed by Govement, property of the nature hereinafter in this section specified, (not being of private ownership) and situate within the limits of the municipal area shall vest in and be under the control of the Council, and with all other property which has already vested or may hereafter vest in the Council, shall be held and applied by it for the purposes of this Regulation, that is to say,-\n\n(a) all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots and all public buildings of every description which have been constructed or are maintained out of the municipal fund ;\n\n(b) all public sewers arid drains, and all sewers, drafis culverts and watercourses, in alongside or under any street, and all works materials and things appertaining thereto; constructed or mainteained out of Municipal funds ;\n\n(c) all dust, dirt dung, ashes, refuse, animal, matter or filth, or rubbish of any kind and, all unclaimed dead bodies of animals, collected by the Council froin the streets, houses, privies, sewers, cess-pools or elsewhere, or desposited in places fixed by the Council in that behalf ;\n\n(d) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto, constructed or maintaified out of Municipal funds ;\n\n(e) all lands buildings or other property transferred to the Council by the Central Government or the Government or acquired by gift, purchase or otherwise for local public purposes ;\n\n(f) all lands, building or other property specified in clauses (a), (b) and (d) belonging to or constructed by the Central Government or the Government and which may be transferred to the Council by the said Government ; and\n\n(g) all public Streets, (excluding national highways and such roads as may be specified by the Government in this behalf by order published in the Official Gazette) not being open spaces or lands owned by Government and the pavements; stones and other materials thereof, and also all trees, erections, materials, implements and things provided for such streets.\n\n(2) The lands and buildings belonging to Government and transferred to a Council under clause (e) of sub-section (1) shall not, unless otherwise expressly provided in the instrument or order of transfer, belong by right of ownership to the Council, but shall vest in it subject to the terms and conditions of the transfer. On the breach of any of the said terms or conditions, the land or the building, as the case may be, with all things attached to such land or building including all fixtures and structures shall revest in Government and it shall be lawful for Government to resume possession thereof and make such orders as to its management or disposal, as it may deem fit, without payment of compensation.

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