The Bruhat Bengaluru Mahanagara Palike Act, 2020
Chapter XI PROPERTY OF THE CORPORATION
Chapter XI PROPERTY OF THE CORPORATION
129. Property of the corporation
(1)The following properties shall belong to the corporation unless specifically owned and controlled by the Government: (a) All public parks, playground and open spaces reserved for ventilation; and (b) All public lamps, lamp post apparatus connected therewith appertaining thereto, all gates, markets, slaughterhouses, manure and refuge depots and public buildings of every description. (2) All properties specified under this section and not specifically owned and controlled by the Government under the section shall belong to the corporation and be subject to such direction, management and control of the corporation.
Chapter XI PROPERTY OF THE CORPORATION
130. Disposal of property by the corporation
(1)Subject to the provisions of this Act, the Chief Commissioner may dispose of by sale any immovable property of the corporation with prior approval of the Government or enter into such lease for the utilization of any right over such produce or benefit emerging from such immovable property. (2) The Chief Commissioner may dispose of by sale any immovable property of the corporation with prior sanction of the Government. (3) Any sale of immovable property by the Chief Commissioner shall be by way of public auction, the procedure of which shall be prescribed. (4) The Chief Commissioner may lease such immovable properties of the corporation for a term not exceeding five years with the previous sanction of the concerned standing committee. (5) The Chief Commissioner may lease such immovable properties of the corporation for a term between five and fifteen years with the previous sanction of the Council. (6) If the term of any lease sought to be entered by the corporation is above fifteen years, the Chief Commissioner may enter into such lease agreement with the prior approval of the Government. (7) No sale or lease shall be undertaken by the corporation without seeking the view of the concerned zonal committee. (8) The corporation shall specify such conditions for sale and lease, which shall be the basis for any approval that may be accorded by the standing committee or the mayor under the section.
Chapter XI PROPERTY OF THE CORPORATION
131. Acquisition of the property by the corporation
(1)The Chief Commissioner if on behalf of the corporation seeks to acquire any immovable property, the Chief Commissioner may do so provided such intent of acquisition is approved by the mayor. (2) Any acquisition that may be undertaken as per sub section (1) shall be in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
Chapter XI PROPERTY OF THE CORPORATION
132. Properties of the Government managed by the corporation
(1)The Government may transfer any land or property belonging to itself to the corporation for its management upon such terms and conditions that the Government may determine from time to time. (2) In the event that the Government is of the opinion that its properties are not being managed satisfactorily by the corporation or it has contravened such prescribed terms and conditions of management, the Government may transfer such properties to itself.
Chapter XI PROPERTY OF THE CORPORATION
133. Power of the Government to manage the corporation property
(1) If the corporation is unable to manage any immovable property belonging to itself, the Chief Commissioner may, with the prior approval of the mayor, request the Government to manage such properties. (2) The Government, if it is of the opinion that the corporation has failed to manage any property belonging to itself, shall have the power to issue directions to the corporation to transfer such properties to the Government. (3) The Government may, by notification and after consultation with the corporation, take over for a public purpose any land or other property, movable or immovable, belonging to or vesting in the corporation on such terms as it may determine.
Chapter XI PROPERTY OF THE CORPORATION
134. Decision of claims to the property by or against the corporation
(1) Where any property is claimed by or on behalf of the corporation or by any person as against the corporation it shall be lawful for the Regional Commissioner of Bengaluru after enquiry of which due notice has been given, to pass an order deciding the claims. (2) Any person aggrieved by an order made under sub-section (1) may appeal to the Karnataka Appellate Tribunal, and the decision of the Tribunal shall be final. (3) Any person shall be deemed to have had due notice of an enquiry or order under this section if the notice has been given in the prescribed manner.
Chapter XI PROPERTY OF THE CORPORATION
135. Power of the Corporation to manage private property
The corporation may, upon the request of such private persons, companies, trusts, societies and any other association, maintain such properties belonging to them on such conditions as may be prescribed from time to time.
Chapter XI PROPERTY OF THE CORPORATION
136. Maintenance of the property register
(1)The Chief Commissioner shall maintain a property register of the corporation, which shall consist of a list of immovable properties under the ownership, control or management of the corporation, location and such other details as may be specified. (2) The zonal commissioner shall maintain a property register of the concerned zone, comprising details of such immovable property and update such list periodically and convey to the Chief Commissioner that such updation may be carried out in the property register of the corporation. (3) The corporation may, in accordance with such by law or rules applicable, appoint such officers for each zone for carrying out day to day administration, management and such other responsibilities required for the efficient management of the immovable property of the corporation. (4) The corporation shall undertake a survey of list of immovable properties under its ownership, management or control every fifth year from the date of notification of this Act in the Official Gazette and publish such survey in the public domain in a manner as may be specified.
Chapter XI PROPERTY OF THE CORPORATION
137. Objects not provided for by this Act
The Government may with the consent of the corporation transfer to the corporation the management of any institution or the execution of any work not provided for by this Act and it shall thereupon be lawful for the corporation to undertake such management or execution: Provided that, in every such case the funds required, for such management or execution shall be placed at the disposal of the corporation by the Government.
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