Section 88 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
88. Power to acquire and hold property.
(1)Subject to any special reservation made or to any special conditions imposed by the State Government, all property of the nature hereinafter in this section specified (not being of private ownership) and situate within the limits of the municipal area shall vest in and be under the control of the Council, and with all other property which has already vested or may hereafter vest in the Council, shall be held and applied by it for the purposes of this Act, that is to say,-(a)all public town-walls, gates, markets, slaughter-houses, manure and night soil depots and all public buildings of every description which have been constructed or are maintained out of the municipal fund;(b)all public streams, springs and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank or well;(c)all public sewers and drains, and all sewers, drains, culverts and water courses in, alongside or under any street, and all works, materials and things appertaining thereto;(d)all dust, dirt, dung, ashes, refuse, animal matter or filth, or rubbish of any land, or unclaimed dead bodies of animals, collected by the Council from the streets, houses, privies, sewers, cess-pools or elsewhere, or deposited in places fixed by the Council in that behalf;(e)all public lamps, lamp-posts and apparatus connected therewith for appertaining thereto;(f)all lands, buildings or other property transferred to the Council by the Central Government or the State Government or acquired by gift, purchase or otherwise for local public purposes; and(g)all public streets, not being open spaces or lands owned by Government and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements and things provided for such streets.(2)The lands and buildings belonging to Government and transferred to a Council under clause (f) of sub-section (1) shall not, unless otherwise expressly provided in the instrument or order of transfer, belong by right of ownership to the Council, but shall vest in it subject to the terms and conditions of the transfer. On the breach of any of the said terms or conditions, the land or the building as the case may be, with all things attached to such land or building including all fixtures and structures shall revest in Government and it shall be lawful for Government to resume possession thereof and make such orders as to its management or disposal, as it may deem fit without payment of compensation.
