Chapter IX MUNICIPAL PROPERTY

Power to acquire and hold property: The Board of Councillors shall, for the purposes of this Act, have power to acquire by gift, purchase or otherwise, and hold, moveable and immovable property or any interest therein, whether within or outside the limits of the municipal area.

Vesting of property: Notwithstanding anything contained in any other law for the time being in force, the moveable and immovable properties of the following categories within the limits of a municipal area shall vest in the Municipality, unless the State Government otherwise directs by a notification in the Official Gazette:

1. (a) all vested public lands not belonging to any Government department or statutory body or corporation;
2. (b) all public tanks, streams, reservoirs, and wells;
3. (c) all public markets and slaughterhouses;
4. (d) all public sewers and drains channels, tunnels, culverts and watercourses in, alongside, or under, any street;
5. (e) all public streets and pavements, stones and other materials thereof, and also trees on such public streets or pavements not belonging to any private individual;
6. (f) all public parks and gardens, including squares and public open spaces;
7. (g) all public ghats on rivers or streams or tanks;
8. (h) all public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto;
   • (i) all public places for disposal of the dead, excluding those governed by any specific law in this behalf;
9. (j) all solid and liquid wastes collected on a public street or public place, including dead animals and birds;
10. (k) all stray animals not belonging to any private persons.

Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.:

1. (1) The Board of Councillors may, on such terms and conditions as may be approved by it, acquire by agreement-
   • (a) any immovable property,
   • (b) any easement affecting immovable property.
2. (2) The Board of Councillors may also acquire a property by exchange on such terms and conditions as may be approved by it.
3. (3) The Board of Councillors may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time.
4. (4) The Board of Councillors may receive, on behalf of the Municipality, any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which any obligatory or discretionary function of the Municipality may be benefited.
5. (5) It shall be lawful for the Municipality to be the beneficiary of any trust created under the Charitable and Religious Trusts Act, 1920 (14 of 1920), or the Indian Trusts Act, 1882 (2 of 1882).

Compulsory acquisition of land:

1. (1) When any land, whether within or outside the limits of a municipal area, or any easement affecting any immovable property vested in the Municipality, is required for any public purpose under this Act, the State Government may, at the request of the Board of Councillors, proceed to acquire it under the Land Acquisition Act, 1894 (1 of 1894).
2. (2) The Board of Councillors shall be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894.

Special provisions for acquisition of lands adjoining streets: Whenever the Board of Councillors makes a request to the State Government for acquisition of land for the purpose of providing a new street or for widening or improving an existing street, it shall be lawful for the Board of Councillors to apply to the State Government for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.

Disposal of property: The property belonging to a Municipality may be disposed of in the manner provided in this section, namely-

1. (a) the Executive Council may sell or grant lease of, or otherwise dispose of, by public auction, any movable property belonging to the Municipality;
2. (b) the Board of Councillors may, with the prior approval of the State Government, may, for valuable consideration, let out on hire, grant lease of, or sell or otherwise transfer, any immovable property belonging to the Municipality but not required for carrying out the purposes of this Act: Provided that the State Government may by rules prescribe the mode of such sale and specify the value which, if it increases by way of consideration, shall require the prior approval of the State Government in this behalf;
3. (c) the Municipality shall not transfer any immovable property vested in it by virtue of this Act, but shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder: Provided that the State Government may authorise, in the public interest, the disposal of such immovable property by the Municipality if the Board of Councillors so requires for reasons to be recorded in writing.

Inventory of properties of the Municipality:

1. (1) The Executive Council shall maintain an inventory of the movable and immovable properties of the Municipality in such form and in such manner as may be prescribed.
2. (2) The Executive Council shall, in case of the inventory of any immovable property, prepare an annual statement along with references therein and place the same before the Board of Councillors.
3. (3) Such statement shall be included as an appendix to the annual