Section 70 in The City of Nagpur Corporation Act, 1948
70. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation.
(1)No nazul lands, streets, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules as the State Government may make in this behalf.(2)Subject to the provisions of sub-section (1),-(a)the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, section 3, Schedule.] may, [in his discretion] [These words were substituted for the words 'with the approval of the Member-in-charge' by Maharashtra 26 of 1999, section 39(a)(i)(A).] grant a lease of any immovable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, flowers and the like, of which the premium or rent, or both, as the case may be, does not exceed five hundred rupees for any period not exceeding twelve months at a time :[Provided that every such lease granted by the Commissioner, other than a lease of a class in respect of which the Standing Committee has by resolution exempted the Commissioner from compliance with the requirements of this proviso, shall be reported by him to the Standing Committee within fifteen days after the same has been granted] [This proviso was added, by Maharashtra 26 of 1999, section 39(a)(i)(B).];(b)with the sanction of the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, section 39(a)(ii).] the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, section 3, Schedule.] may dispose of by sale or otherwise, any such right as aforesaid, for any period not exceeding three years at a time of which the premium or rent, or both, as the case may be, for any one year does not exceed three thousand rupees;(c)with the sanction of the Corporation, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, section 3, Schedule.] may lease, sell or otherwise convey any immovable property belonging to the Corporation.(3)The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, section 3, Schedule.] may -(a)in his discretion, dispose of by sale or otherwise, any movable property belonging to the Corporation not exceeding five hundred rupees in value;(b)with the sanction of the [Standing Committee] [These words were substituted for the words 'the concerned Committee' by Maharashtra 26 of 1999, section 39(b).] dispose of by sale or otherwise any movable property belonging to the Corporation;(c)with the sanction of the Corporation, sell or otherwise convey any movable property belonging to the Corporation.(4)The sanction of the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, section 39(c).] or of the Corporation under sub-section (2) or sub-section (3) may be given either generally for any class of cases or specifically in any particular case.(5)The foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under, or for the purposes of this Act :Provided that -(i)no property vesting in the Corporation in a trust shall be leased, sold or otherwise conveyed in a manner that is likely to affect the trust subject to which such property is held;(ii)no land exceeding ten thousand rupees in value shall be sold, leased or otherwise conveyed without the previous sanction of the State Government and every sale, lease or other conveyance of property vesting in the Corporation shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for the lime being in force.(6)[ Notwithstanding anything contained in this section the Commissioner may, with the.sanction of the Corporation and with the approval of the State Government, grant a lease for a period not exceeding thirty years, of a land belonging to the Corporation which is declared as a slum area under the provisions of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 to a co-operative society of slum dwellers, at such rent, which may be less than the market value of the premium, rent or other consideration, for the grant of such lease, and subject to such conditions as the Corporation may impose.The approval of the State Government under this subsection may be given either generally for any class of cases of such lands or specially in any particular case of such land:Provided that, the Commissioner may, in like manner renew, from time to time, the lease for such period and subject to such conditions as the Corporation may determine and impose.Explanation. - For the purposes of this sub-section, the expression "slum dwellers" means the slum dwellers whose names are included -(a)in the list of hutment dwellers prepared in the census of hutments taken in the year 1976; or(b)where such census of hutments is not taken in the Assembly roll in force in the year 1976; or(c)in the Assembly roll prepared in 1980 and published in May, 1980; or(d)where it is contended that the name of a slum dweller remained to be included in the Assembly roll for the year 1980, in the Assembly roll in force in the year 1977, 1978 or 1979,and who are occupying such land on the date of making an application by their co-operative society to the Corporation for grant of lease of such land] [Sub-section (6) was added by Maharashtra 38 of 1987, Section 3.].
