Section 41. No department of the commonwealth shall occupy, or make any expenditure for the maintenance of, any land, buildings or other state-owned or state-occupied facilities or other property other than that under its control or jurisdiction. No department of the commonwealth shall authorize or otherwise allow the use by any private agency of such land, buildings or facilities under its control or jurisdiction unless such use or expenditure shall have been approved by the general court after recommendation by the secretary of administration and finance. Use without such approval shall be deemed to be a violation of this section, and the user shall pay a civil penalty at the rate of $10 per square foot annually for the period of such use.