THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994
Chapter X PROPERTY AND CONTRACTS
Chapter X PROPERTY AND CONTRACTS
137. Acquisition of property
The Council shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.
Chapter X PROPERTY AND CONTRACTS
138. Acquisition of immovable property by agreement
Whenever the Council decides to acquire any immovable property for the purpose of this Act, the Chairperson shall acquire such property on behalf of the Council by agreement on such terms and at such price as may be approved by the Council.
Chapter X PROPERTY AND CONTRACTS
139. Procedure when immovable property cannot be acquired by agreement
Whenever the Chairperson is unable to acquire any immovable property under section 138 by agreement, the Central Government may at the request of the Chairperson procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and on payment by the Council of the compensation awarded under that Act and of the charges incurred by that Government in connection with the proceedings, the land shall vest in the Council.
Chapter X PROPERTY AND CONTRACTS
140. Disposal of movable property
(1) With respect to the disposal of movable property belonging to Council the Chairperson may, in his discretion, dispose of by sale or otherwise, any movable property belonging to the Council not exceeding in value in each instance Rs. 1,000, or such higher amount as the Council may prescribe, or let out on hire any movable property or grant a lease of any immovable property belonging to the Council including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time. (2) In cases not covered by sub-section (1), the Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any movable property belonging to the Council.
Chapter X PROPERTY AND CONTRACTS
141. Disposal of immovable property
(1) The Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any immovable property belonging to the Council. (2) The consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition. (3) The sanction of Council under section 140 or this section may be given either generally for any class of cases or specially for any particular case. (4) Subject to any conditions or limitation that may be specified in any other provisions of this Act the foregoing provisions of section 140 and this section shall apply to every disposal of property belonging to the Council made under, or for any purpose of this Act. (5) Every case of disposal of property under sub-section (1) of section 140 shall be reported by the Chairperson without delay to the Council.
Chapter X PROPERTY AND CONTRACTS
142. Contracts by the Council
Subject to the provisions of sections 143 and 144 the Council shall be competent to enter into and perform any contract necessary for the purposes of this Act.
Chapter X PROPERTY AND CONTRACTS
143. Procedure for making contracts
With respect to the making of contracts, the following provisions shall have effect, namely:— (a) every such contract shall be made on behalf of the Council by the Chairperson; (b) no such contract, for any purpose which in accordance with any provision of this Act the Chairperson may not carry out without the approval or sanction of the Council shall be made by him until and unless such approval or sanction has been duly obtained; (c) no contract which will involve an expenditure exceeding Rs. 10,00,000 or such higher amount as the Central Government may from time to time, fix, shall be made by the Chairperson unless the same is previously approved by the Council; and (d) every contract made by the Chairperson involving an expenditure exceeding Rs. 1,00,000 but not exceeding Rs. 10,00,000 or such higher amount as may be fixed under clause (c) shall be reported by him, within one month after the same has been made to the Council.
Chapter X PROPERTY AND CONTRACTS
144. Mode of executing contracts
(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf. (2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Council.
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