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State of Maharashtra - Section

Section 58 in The City of Nagpur Corporation Act, 1948

58. Matters which may be provided for by Corporation at its discretion. - In addition to the other powers and duties conferred or imposed on it by or under this Act or any other Act for the time being in force, the Corporation may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely :-

(a)reclaiming unhealthy localities, laying out whether in areas previously built upon or not, new public streets, and acquiring land for that purpose, including plots of land for building to abut on such streets;[(aa) slum improvement and upgradation;(ab)urban poverty alleviation;(ac)cattle pounds and prevention of cruelty to animals; and(ad)regulation of tanneries;](b)constructing, establishing or maintaining public parks or gardens, libraries, museums, halls, offices, sarais, rest-houses and other public buildings;(c)furthering educational objects other than the establishment and maintenance of primary schools;(d)planting and maintaining road-side and other trees;[(da) providing for parking or halting places or lots for vehicles on any part of any public street or public place which vests in the Corporation;](e)taking a census, and granting rewards for information tending to secure the correct registration of vital statistics;(f)making a survey;(g)the destruction or the detention of ownerless dogs;(h)securing or assisting to secure suitable places for the carrying on of offensive trades;(i)supplying, constructing and maintaining pipe and other fittings for the supply of water to private premises from water-works maintained by the Corporation;(j)supplying, constructing and maintaining receptacles, fittings, pipes and other appliances on or for the use of private premises for receiving and conducting the sewage thereof into sewers under the control of the Corporation;(k)fairs and exhibitions;(l)constructing and maintaining such roads and buildings and other Government works as the State Government may transfer to the Corporation;(m)organisation and management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of disease or for researches connected with public health;(n)the construction and maintenance in the public streets of drinking fountains for human beings and water-troughs for animals;(o)the prevention of cruelty to animals;(p)the playing of music in squares, gardens or other places of public resort;(q)the construction, purchase, organisation, maintenance or management of tramways, trackless trams or motor transport facilities for the conveyance of the public;(r)preparation and presentation of address to persons of distinction;[(ra) making any contribution towards any public reception, ceremony or entertainment :Provided that, the total expenditure on account of such contributions during any financial year shall not exceed rupees twenty-five thousand or such higher amount as the State Government may, from time to time, by notification published in the Official Gazette, specify in this behalf;(rb)with the previous sanction of the State Government and subject to such terms and conditions as the State Government may impose, subscribing to the share capital of any company or co-operative society, with a limited liability established or to be established for maintaining or setting up a slaughter-house or plant for the treatment of town refuse, or for providing any other services in the City, useful to the Corporation in carrying out any of the duties imposed upon it by or under this Act or any other law for the time being in force;](s)any other matter likely to promote the public health, safety or convenience of the public.[58A. Entrustment of certain functions by State Government to Corporation. - (1) The State Government may entrust either conditionally or unconditionally to the Corporation function in relation to any matter specified in the Schedule or in relation to any other matter to which the executive authority of the State extends or in respect of which functions have been entrusted to the State Government by the Central Government and the Corporation shall be bound to perform these functions.
(2)Where functions are entrusted to the Corporation under this section, the Corporation shall, in the discharge of these functions, act as an agent for the State Government.
(3)Where by virtue of this section powers and duties have been conferred or imposed as agency functions upon the Corporation, there shall be paid by the State Government to the Corporation such sum as may be determined by the State Government in respect of any extra costs of administration incurred by the Corporation in connection with the exercise of those powers and duties.
(4)In so far as the Corporation is required to act under this section, it shall be under the general control of, and comply with such particular directions, if any, as may, from time to time, be given to it by the State Government or any other authority appointed by the State Government in this behalf.
(5)The State Government may, by order, place at the disposal of the Corporation, and the Corporation shall utilise, the services of such servants of the State or such classes of servants of the State as are employed in the City in connection with a matter entrusted to the Corporation under this section, and all such servants shall discharge; their duties under the general supervision and control of the [Commissioner] :Provided that the extent of the said general supervision and control shall be such as may be prescribed by rules made under section 420.][58B. Performance of functions by agencies. - Where any duty has been imposed on, or any function has been assigned, to the Corporation under this Act or any other law for the time being in force, or the Corporation has been entrusted with the implementation of a scheme, the Corporation may,-
(i)either discharge such duties or perform such functions or implement such schemes by itself; or
(ii)subject to such directions as may be issued and the terms and conditions as may be determined by the State Government, cause them to be discharged, performed or implemented by any agency :
Provided that, the Corporation may also specify terms and conditions, not inconsistent with the terms and conditions determined by the State Government for such agency arrangement.