Section 57 in The Himachal Pradesh Municipal Corporation Act, 1994
57. Property vested in a municipality.
(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 and situated within the municipal area, shall vest in and be under the control of the municipality and with all other property which has already vested, or may hereafter vest in the municipality shall be held and applied by it for the purpose of this Act, that is to say -(a)all public town-walls, gates, markets, stalls, slaughter houses manure and night soil depots and 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 or under any public street, or constructed by or for the municipality alongside any public street, and all works, materials and things appertaining thereto ;(d)all dust, dirt, dung, ashes, refuse, animal matter or filth or rubbish of any kind or dead bodies of animals collected by the municipality from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the municipality under section 154 ;(e)all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto.(f)all land or other property transferred to the municipality by the State Government or acquired by gift, purchase or otherwise for local public purposes ;(g)all public streets, not being land owned by the State Government, and the pavements, stones and other materials thereof and also trees growing on, and erections, materials, implements and things provided for such streets.(2)Where any immovable property is transferred otherwise than by the sale by the State Government to a municipality for public purposes, it shall be deemed to be a condition of such transfer, unless specifically provided to the contrary that should the property be at any time resumed by the State Government, the compensation payable thereto shall, in no case exceed the amount, if any, paid to the State Government, the compensation payable therefor shall, in no case exceed the amount, if any, paid to the State Government for the transfer, together with the cost or the present value, which ever shall be less, of any together with the cost or the present value, of any buildings erected on other works executed on the land by the municipality.(3)The municipality shall maintain a register and a map of all immovable properties of which it is the proprietor, or which vests in it, or which it holds in trust for the State Government.(4)[ The Executive Officer or the Secretary, as the case may be, may, with the prior approval of the standing committee, constituted under section 49 of this Act, dispose of, by sale, lease or otherwise, any moveable or immovable properties belonging to the municipality, by public auction:Provided that the mode and condition precedent to the transfer of immovable property, shall be governed by regulations or bye-laws made by the municipality.(4-a) The Executive Officer or the Secretary, as the case may be, shall maintain a register giving therein the details of the immovable properties and prepare annual statement indicating the changes, if any, in the said inventory, in such manner as may be prescribed by bye-laws, and shall place the same before the municipality for consideration at the end of the year."; and(5)The Executive Officer [or the Secretary, as the case may be] [Sub-section (4) substituted with sub-sections vide Act No. 33 of 2011.] may, with the prior approval of the municipality, sell or grant a lease in respect of properties, amenities and utility raised on loans from the non-Government sources to liquidate the liabilities.]
