URBAN COUNCILS ACT Chapter 29:15 (a) is to be used for purposes other than for a police station or school, there shall be paid to the council from moneys appropriated for the purpose by Act of Parliament an amount equal to the value, calculated on the basis set out in subsection (1) of section two hundred and fifty, of the land or portion thereof, as the case may be, as at the date on which it was acquired by the State: Provided that, if the land was deducted from the percentage referred to in proviso (i) to subsection (7), no payment shall be made to the council; (b) is not to be used for State purposes, the land or portion thereof, as the case may be, shall be transferred free of charge to the council and any costs incurred in such transfer shall be paid from moneys appropriated for the purpose by Act of Parliament: Provided that, if the land was deducted from the percentage referred to in proviso (i) to subsection (7), the percentage shall be appropriately restored. 153 Exclusion of certain leases from section 152 (1) Subject to subsection (2), a council may lease or permit the use of any land owned by it for a period garage referred not exceeding twelve months without compliance with section one hundred and fifty-two. (2) A municipal council may lease or permit the use of any particular shop or other premises in a parking to in section one hundred and ninety without compliance with section one hundred and fifty-two if it publishes a notice in two issues of a newspaper inviting applications for the lease or use of that shop or other premises within such period as the council may determine, being not less than twenty-one days from the date of the first publication of that notice in the newspaper. 154 Conditions of title to land transferred by municipal council In the case of land granted to a municipality in trust for the inhabitants of the municipality, such area being known as municipal township land, which was granted subject to the conditions that— (a) the British South Africa Company or the Governor of Southern Rhodesia shall have the right to resume ownership of and to retake possession of the said land or any portion thereof on payment of such compensation as may be mutually agreed upon or, failing such agreement, as may be determined by arbitration; and (b) the right to all minerals in or the power to make grants of the right to prospect for minerals on that land was reserved, either to the British South Africa Company or the Governor of Southern Rhodesia; any such land which is or has been transferred, whether before or after the date of commencement of this Act, by the municipality or by any successor in title to the municipality shall be deemed to have been transferred and shall be held, notwithstanding anything to the contrary in any other law, subject to the conditions referred to in paragraphs (a) and (b) which were applicable to the municipal township land concerned, save that any reference to the British South Africa Company or the Government shall be construed as a reference to the President, and subject to any other conditions that may have been imposed by the municipality or any subsequent owner of the land. 155 Encroachments (1) Notwithstanding anything to the contrary in this Part, where any land which is owned by a municipality or town or is under the control of a council is encroached upon, the council may take such steps as it considers necessary to remove or regularize the encroachment and, without derogation from the generality of the foregoing, the council may— (a) sell the land concerned to the person owning the land on which the building causing the encroachment is situated; or (b) grant a servitude over the land concerned; or (c) require the removal of the encroachment. (2) Where agreement cannot be reached between the council and the person concerned as to the steps to be taken to remove or regularize the encroachment or the amount to be paid to the council in respect of the sale of or the granting of a servitude over the land concerned, either party may refer the matter to the Administrative Court, which may make such order as it thinks fit, including an order as to the payment of costs. 55

Select target paragraph3

Add to table of contents