Amendment status not verified — confirm the current text below against the official source.
Provisions governing the disposal of Municipal property.— With respect to the disposal of property belonging to the corporation 1[other than property vesting in the corporation for the purposes of the 2[Brihan Mumbai Electric Supply and Transport Undertaking], the following provisions shall have effect, namely :— (a) the Commissioner may, 3[subject to the regulations made in this behalf], dispose of, by sale or otherwise, any movable property belonging to the corporation not exceeding in value, in each instance, 4[five lakh rupees], of grant a lease of any immovable 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: 5[Provided that every lease of immovable property granted by the Commissioner (other than a contract for a monthly tenancy) the annual rent where of at a rack rent exceeds 6[fifty thousand rupees] shall be reported by him, within fifteen days after the same has been granted, to the 7[Improvements Committee];] 8[(b) the Commissioner may,— (i) with the sanction of the concerned Committee, dispose off, by sale or otherwise any movable property held by the Corporation, the value of which exceeds rupees five lakhs; (ii) with the sanction of the 9[Standing Committee], dispose off any moveable property held by the Corporation, the value of which exceeds rupees two crores; (iii) with the sanction of the concerned Committee, grant a lease (other than a lease in perpetuity) of any immovable property belonging to the Corporation, including any such right as aforesaid; or sell, or grant a lease in perpetuity of any immovable property, the value of which does not exceed 50,000 rupees or the annual rent of which does not exceed 3,000 rupees;] (c) with the sanction of the corporation, the Commissioner may lease, sell or otherwise convey 10[any immovable property] belonging to the corporation; 1 These words were inserted by Bom. 48 of 1948, s. 18. 2 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 3 These words were substituted for the words “in his discretion” by Mah. 10 of 1998, s. 53(a)(i). 4 These words were substituted for the words “one lakh rupees” by Mah. 10 of 1998, s. 53(a)(ii). 5 This proviso was substituted for the original by Bom. 13 of 1933, s. 20(a). 6 These words were substituted for the words “fifteen thousand rupees” by Mah. 10 of 1998, s. 53(a)(ii)(A). 7 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(a). 8 Clause (b) was substituted by Mah. 13 of 1998, s. 16. 9 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(b). 10 These words were substituted for the words “any property, movable or immovable” by Mah. 21 of 1989, s. 15. 1888 : III] The Mumbai Municipal Corporation Act 145 1[(cc) the consideration for which any immovable property or any right belonging to the corporation may be sold, leased or otherwise transferred shall not be less than market value of such premium, rent or other consideration;] 2[(d) sanction of the 3[Standing Committee] under clauses (b) and (c) may be given either generally for any class of cases or specially in any particular case;] 4[(dd) 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 of immovable property belonging to the Corporation to a Co-operative Housing Society formed exclusively by the officers and servants of the Corporation, or to a public trust exclusively for medical and educational purposes registered under the Bombay Public Trust Act, 1950 (Bom. XXIX of 1950) 5[or to a society registered under the Societies Registration Act, 1860 (XXI of 1860) or the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), a public trust registered under the Bombay Public Trust Act, 1950 (Bom. XXIX of 1950), or a company registered under the Companies Act, 1956 (I of 1956) 6[or any person] for the purposes of provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious and other filthy matters of garbages] or to a person who is dishoused as a result of the implementation of any Development Scheme of the Corporation or to a Co-operative Housing Society formed exclusively by the persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation, 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 conditions, as may be provided by the bye-laws made under section 461;] 7[(dd-1) 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 of immovable property belonging to the Corporation, namely CTS/FP No. 501, 502 and 1495, Mahim Division, alongwith structures situated thereon, for the purpose of erection of a memorial of late Shri Bala Saheb Thackeray, to the society namely, the Bala Saheb Thackeray Rashtriya Smarak, a society registered under the Societies Registration Act, 1860 (21 of 1860), at a nominal rent of rupee One for the grant of such lease, and subject to the terms and conditions as may be decided by the State Government;] 8[(ddd) 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 9[not exceeding 60 years], of municipal land which is declared as a slum area under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) to a co-operative society of slum dwellers occupying such land, at such rent, which may be less than the market value of the premium, rent, or other consideration, for grant of such lease, and subject to such conditions, 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 lands or specifically in any particular case of such land: Provided that, 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;] 10[(dddd) All leases granted by the corporation of the immovable properties belonging to the corporation for whatever term shall be subject to the following conditions in addition to the 1 New sub-clause (cc) was inserted by Bom. 13 of 1933, s. 20(c). 2 Clause (d) was substituted by Mah. 10 of 1998, s. 53(c). 3 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(c). 4 Clause (dd) was inserted by Mah. 50 of 1981, s. 2. 5 This portion was inserted by Mah. 13 of 1990, s. 3. 6 These words were inserted by Mah. 12 of 1993, s. 2. 7 Clause (dd-1) was inserted by Mah. 27 of 2017, s. 2. 8 Clause (ddd) was inserted by Mah. 5 of 1986, s. 3. 9 These words and figures were substituted for the words and figures “not exceeding 30 years” by Mah. 8 of 1992, s. 6. 10 This clause was added by Mah. 20 of 2012, s. 2, with effect from 22nd June 1993. 146 The Mumbai Municipal Corporation Act [1888 : III conditions stipulated in the Lease-deed or Lease-agreement executed by the corporation, namely:— (i) Leasehold rights in respect of the properties belonging to the corporation and given on lease may be further assigned or transferred only with the prior permission of the Commissioner, on payment of such premium on account of unearned income and transfer fees or charges at such rates as may be specified by the corporation, from time to time. (ii) In the case of any contravention of the provisions of sub-clause (i), the lessee or transferor of such leasehold rights, shall be liable to pay penalty in addition to such premium and transfer fees or charges, at such rates as may be specified by the corporation, from time to time.] (e) the aforesaid provisions of this section shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act ; 1[Provided that nothing in this section shall apply 2[* * * * * * * *] to 3[Dr. Bhau Daji Lad Museum] 4[or to the site thereof referred to in section 89C] except with the previous sanction of 5[the 6[State] Government].]] 7[92A. Obligation annexed to property binding on transferee.— Where— (1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or (2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, notwithstanding— (a) any law for the time being in force, and (b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agreed to, entered into or imposed.] Liabilities