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State of Uttarakhand - Section

Section 81 in Uttarakhand Panchayati Raj Act, 2016

81. Property vested in Kshettra Panchayat.

(1)Subject to any reservation made by the State Government, all property of the nature specified in this section and situated within the Khand/ district shall vest in and belong to the Kshettra Panchayat and shall, with all other property which may become vested in the Kshettra Panchayat, be under its direction, management and control, for the purposes of this Act, namely-
(a)all public buildings of every description which have been constructed or are maintained out of the Kshettra Nidhi ;
(b)all public roads which have been constructed or are maintained out of the Kshettra Nidhi and the stones and other materials thereof and also all trees, erections materials, implements and things provided for such roads ;
(c)all land and other property transferred to the Kshettra Panchayat by Government, or by gift, sale or otherwise for local purposes; and
(d)all tanks and wells and all adjacent lands, buildings, materials and things connected therewith appertaining thereto within the Khand, not being private property and not being maintained or controlled by any Government or by a local authority other than the Zila Panchayat.
(2)
(a)Where a Kshettra Panchayat for the purpose of exercising any powers or performing any duty conferred or imposed upon it under this or any other enactment, desires to acquire permanently, any land or any right in respect of land, it, may request the State Government to acquire at, its cost the same under the provisions of the the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013), or of any other existing law.
(b)On the acquisition by the State Government of such land or such right under the aforesaid provisions and on payment by the Kshettra Panchayat, as the case may be, to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the Kshettra Panchayat, as the case may be.
(3)
(a)The management, control and administration of every public institution maintained exclusively out of the Kshettra Nidhi shall vest in the Kshettra Panchayat, as the case may be.
(b)Any other public institution may also be vested in or placed under the management, control and administration of a Kshettra Panchayat;
Provided that the extent of the authority of the Kshettra Panchayat in respect thereof, may be prescribed by rule.
(c)All property, endowments and funds belonging to an public institution vesting in, or placed under, the management, control and administration of a Kshettra Panchayat, shall be held by the Kshettra Panchayat in trust for the purpose to which such property, endowments and funds were lawfully applicable at the time when the institution became so vested or was so placed;
Provided that nothing in the foregoing provisions of this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.