Section 79 in The Maharashtra Municipal Corporations Act, 1949
79. Provisions governing the disposal of municipal property. - With respect to the disposal of property belonging to the Corporation, other than property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely :-
(a)the Commissioner may, in his direction, dispose of by sale, letting out on hire or otherwise, any moveable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time determine, or grant a lease of any immoveable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time;Provided that, the Commissioner shall report to the Standing Committee every lease of immoveable property within fifteen days of the grant thereof unless it is a contract for a monthly tenancy or the annual rent thereof at a rack rent does not exceed three thousand rupees;(b)with the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any moveable property belonging to the Corporation, of which the value does not exceed five thousand rupees; and may with the like sanction grant a lease of any immoveable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value of premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;(c)with the sanction of the Corporation, the Commissioner may lease, sell, let out on hire or otherwise convey any property, moveable or immoveable, belonging to the Corporation;Provided that, where the immovable property or any right belonging to the Corporation has been leased or otherwise transferred in accordance with the provisions of this section by following due procedure of public auction, then it shall be lawful for the Corporation to subsequently renew the said lease or transfer of the immovable property, in accordance with the rules framed by the Government in this behalf.](d)the consideration for which any immoveable property or any right belonging to the Corporation may be sold, leased or otherwise transferred shall not be less than the current market value of such premium, rent or other consideration;(e)the sanction of the Standing Committee or of the Corporation under clause (b) or clause (c) may be given either generally for any class of cases or specially in any particular case;(f)the aforesaid provisions of this section and the provisions of the rules shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purposes of this Act :Provided that, -(a)no property vesting in the Corporation for the purpose of any specific trust shall be leased, sold or otherwise conveyed in such a manner that the purpose for which it is held will be prejudicially affected;(b)no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the appropriate Government;[(g) notwithstanding anything contained in this section the Commissioner may with the sanction of the corporation and with the approval of the State Government grant a lease for a period not exceeding thirty years of a land belonging to the Corporation.(i)which is declared as a slum area under the provision of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, to a cooperative society of eligible slum dwellers; or as the case may be to the eligible slum dweller individually at a premium to be decided by the State Government and subject to the prescribed terms and condition; or(ii)to persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation or to the Co-operative Housing Society formed exclusively by person who are dishoused as a result of the implementation of any Development Scheme of the Corporation; or(iii)to any Department or undertaking of the Government of Maharashtra or of the Government of India, for the public purposes; or(iv)to a public trust, society or company registered exclusively for medical and educational purposes, under the Maharashtra Public Trusts Act or the Societies Registration Act, 1860, or the Maharashtra Co-operative Societies Act, 1960 or the Companies Act, 2013 as the case may be; or(v)to a public trust registered under the Maharashtra Public Trust Act or a society registered under Societies Registration Act, 1860, or the Maharashtra Co-operative Societies Act, 1960, or a company registered under the Companies Act, 2013, or any person for the purposes of the provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious or other filthy matter or garbage.at such rent which may be less than the market value of the premium, rent or other consideration for the grant of such lease and subject to such condition as the Corporation may impose.The approval of the State Government under this clause may be given either generally for any class of cases of such land or specially in any particular case such land.][Provided that, where the Municipal Corporation has granted approval to the implementation of the Pradhan Mantri Awas Yojana of the Central Government on the land belonging to it, the Commissioner shall grant lease of such land to the eligible individual beneficiary in the manner, as may be notified by the State Government :][Provided further], the Commissioner may in like manner renew, from time to time, the lease for such period and subject to such conditions as the Corporation may determine and impose.[Explanation. - For the purposes of this clause 'eligible slum dweller' means the eligible slum dweller as defined in clause (c-b) of section 2 of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971]and who are occupying such land on the date of making an application by the cooperative society to the Corporation for grant of lease of such land.]
