Section 109 in The Chhattisgarh Municipalities Act, 1961
109. Provisions governing the disposal of Municipal property vesting in or under the management of Council.
- [(1) No streets, lands, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules as may be made in this behalf.(2)Subject to the provisions of sub-section (1),-(a)the Chief Municipal Officer may, in his discretion, grant a lease of any immovable property belonging to the Council, including any right of fishing or of gathering and taking fruits, flowers and the like, of which the premium or rent; or both, as the case may be, does not exceed two hundred and fifty rupees for any period not exceeding twelve months at a time:Provided that every such lease granted by the Chief Municipal Officer, other than the lease of the class in respect of which the [President-in Council] [Substituted by M.P. Act No. 12 of 1995.] has by resolution exempted the Chief Municipal Officer from compliance with the requirements of this proviso, shall be reported by him to the [President-in Council] [Substituted by M.P. Act No. 20 of 1998.] within fifteen days after the same has been granted.(b)with the sanction of the [President-in Council] [Substituted by M.P. Act No. 20 of 1998.], the Chief Municipal Officer may, by sale or otherwise grant a lease of immovable property including 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 one thousand five hundred rupees.(c)with the sanction of the Council, the Chief Municipal Officer may lease, sell or otherwise convey any immovable property belonging to the Council.(3)The sanction of the [President-in Council] [Substituted by M.P. Act No. 20 of 1998.] or of the Council under subsection (2) may be given either generally for any class of cases or specially in any particular case:Provided that-(i)no property vesting in the Council in trust shall be leased, sold or otherwise conveyed in a manner that is likely to prejudicially effect the purpose of the trust subject to which such property is held;(ii)no land exceeding fifty thousand rupees in value shall be sold or otherwise conveyed without the previous sanction of the State Government and every sale or other conveyance of property vesting in the Council shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for the time being in force.]
