(3)When any open space, park, garden or lake has been provided by the Board in executing any improvement scheme, and the Board are of opinion that such open space, park, garden or lake should be transferred to the Commissioners of the Howrah Municipality, they may pass a resolution to that effect, and such open space, park, garden or lake shall thereupon vest in and be maintained at the expense of the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.]:Provided that the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] may require the Board, before any such open space, park, garden or lake is transferred, to enclose, level, drain and lay out such open space, park, garden or lake and provide footpaths therein and, if necessary, to provide lamps and other apparatus for lighting it;Provided further that no open space, park, garden or lake transferred to the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] shall be permanently closed or leased out for building purposes without the previous approval of the State Government.
