(1)Notwithstanding anything contained in any other law for the time being in force, the movable and immovable properties of the following categories within the limit of the municipal area of a Municipality shall, unless the Government, by notification, otherwise directs, vest in the Municipality constituted for such area, namely :-(a)all public and common lands not belonging to any Government Department or statutory body or corporation;(b)all public tanks, streams, reservoirs and wells;(c)all public markets and slaughter-houses;(d)all public sewers and drains, channels, tunnels, culverts and water courses in, alongside or under any street.(e)all public streets and pavements including street parking areas, stones and other materials thereof, and also trees on public streets or pavements not belonging to any private individual;(f)all public parks and gardens, including squares and public open spaces;(g)all public ghats on rivers or streams or tanks;(h)all public lamps, lamp-posts and apparatus connected with or appertaining thereto;(i)all public places for disposal of the dead excluding those governed by any specific law in this behalf;(j)all lands or other properties transferred to the Municipality by the Government or acquired by gift, purchase or otherwise for public purposes;(k)all solid and liquid wastes collected or lying on a public street or public place, including dead animals and birds; and(l)all stray animals not belonging to any private individual.(2)Where any area is included in a municipal area all movable and immovable properties in such area, of the categories mentioned in sub-section (1) shall vest in the Municipality constituted for such Municipal area.(3)When any immovable property is transferred otherwise than by sale by the Government to a Municipality for public purposes, it shall be deemed to be a condition of such transfer, unless specially provided to the contrary, that should the property be at any time resumed by the Government, the compensation payable therefor shall notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (Act 1 of 1894), in no case exceed the amount, if any, paid to the Government for the transfer together with the cost or the present value whichever shall be less, of any buildings erected or other works executed on the land by the Municipality.(4)The management, control and administration of every public institution maintained out of the Municipal fund shall vest in the Municipality.(5)When any public institution has been placed under the direction, management and control of the Municipality, all properties, endowment and funds belonging thereto, shall be held by the Municipality in trust for the purpose to which such properties, endowments and funds were lawfully applicable at the time when the institution was so placed :Provided that the extent of the independent authority of the Municipality in respect of any such institution may be such, as may be prescribed :Provided further that nothing in this section shall be held to prevent the vesting of any trust property in the Treasurer of the Charitable Endowments under the Charitable Endowment Act, 1890 (Act 6 of 1890).
