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State of Chattisgarh - Section

Section 100 in The Chhattisgarh Municipalities Act, 1961

100. Property vested in Council.

(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 within the limits of the Municipality, 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 Councils shall be held and applied by it as trustees 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 public buildings of every description which have been constructed or maintained out of the Municipal fund;
(b)all public streams, tanks, reservoirs, cisterns, wells, springs, aqueducts, conduits, tunnels, pipes, pumps and other water works, and all bridges, buildings, engines, works, materials and things connected with or appertaining thereto, and also adjacent land not being private property, appertaining to any public tank or well;
(c)all public sewers and drains and all sewers, drains, tunnels, culverts, gutters and water courses in, alongside or under any streets and all works, materials and things appertaining thereto;
(d)all dust, dirt, dung, ashes, refuse, animal matter, filth, night-soil or rubbish of any kind collected by the Council or by any customary or private sweeper from the streets, houses, privies, sewers, cesspools or elsewhere;
(e)all public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto;
(f)all public streets, not being land owned by the State Government and the pavement, stone and other material thereof and also trees growing on and erections, materials, implements and things provided for such street;
(g)all lands and/or other property transferred to the Council by the State Government or acquired by gift, purchase or otherwise, for public purpose.
(2)The State Government may, by notification, direct that any property which has vested in the Council shall cease to be so vested; and thereupon the property specified in the notification shall cease to be so vested, and the State Government may pass such orders as it think fit regarding the disposal and management of such property.
(3)The State Government may resume any immovable property transferred to the Council by itself or any other local authority, where such property is required for a public purpose, without payment of any compensation other than the amount paid by the Council for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Council:Provided that before taking any such action, the State Government shall obtain and take into consideration the view or objections of the Council:Provided further that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.