The Municipal Commissioner or the Executive Officer shall have powers to make payment of any sum out of the Municipal Fund or enter into any contract involving any expenditure, provided such payment or expenditure is covered by a current budget grant and sufficient balance of such budget grant is available, notwithstanding any reduction or transfer thereof under the provisions of this Act:
Provided that this section shall not apply to any payment in the following cases:-
(a) refund of taxes and other money which are authorized by this Act,
(b) repayment of moneys belonging to contractors or other persons and held in deposit and all money collected by the municipality or credited to the Municipal Fund by mistake,
(c) temporary payment for works urgently required by the State Government in the public interest,
(d) expenses incurred by the municipality on special measures on the outbreak of dangerous diseases, natural or technological hazards or in any other emergent case,
(e) sums payable as compensation under this Act or the rules or the regulations made thereunder,
(f) sums payable -
(i) under orders of the State Government on failure of the municipality to take any action required by the State Government under any provision of this Act, or under any other law for the time being in force, or
(ii) under the decree or order of a civil or criminal court against the municipality, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 466
(iii) under a compromise of any claim, suit or other legal proceeding, or
(iv) on account of the cost incurred in taking immediate action by any of the municipal authorities to avert a sudden threat or danger to the property of the municipality or to human life, and
(v) such other cases as may be determined by regulations:
Provided that contracts involving an expenditure not exceeding twenty lakh rupees in case of a Municipal Corporation, ten lakh rupees in case of a Municipal Council or five lakh rupees in case of a Nagar Panchayat shall be made by the Municipal Commissioner or the Executive Officer:
Provided further that no contract involving an expenditure exceeding twenty lakh rupees but not exceeding fifty lakh rupees in case of a Municipal Corporation, ten lakh rupees but not exceeding twenty five lakh rupees in case of a Municipal Council or five lakh rupees but not exceeding ten lakh rupees in case of a Nagar Panchayat shall be made by the Municipal Commissioner or the Executive Officer unless it has been sanctioned by the Standing Committee:
Provided further that no contract involving an expenditure exceeding fifty lakh rupees in case of a Municipal Corporation, twenty five lakh rupees in case of a Municipal Council or ten lakh rupees in case of a Nagar Panchayat shall be made by the Municipal Commissioner or the Executive Officer unless it has been sanctioned by the Municipal Corporation or Municipal Council or Nagar Panchayat, as the case may be:
Provided further that the ceiling of the expenditure mentioned above may be revised by the municipality, from time to time, keeping the revision in the cost of estimates etc. into account.
102. Procedure when money not covered by budget grant is paid - Whenever any sum is paid in any of the cases referred to in the first proviso to section 101, the Municipal Commissioner or the Executive Officer shall forthwith communicate the circumstances of such payment to the Standing Committee, and, thereupon, the Standing Committee may take, or recommend to the Council to take such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payment.
103. Temporary payment from Municipal fund for works urgently required in public interest –
(1) On a requisition, in writing, by the State Government, the Standing Committee, at any time, may require the Municipal Commissioner or the Executive Officer to undertake the execution of any work certified by the State Government to be urgently required in the public interest and, for this purpose, to make payment for such work from the Municipal Fund in so far as such payment may be made without unduly interfering with the regular work of the municipality.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 467
(2) The cost of all works so executed, and the proportionate establishment charges for executing such work, shall be paid by the State Government and credited to the Municipal Fund.
(3) On receipt of a requisition under sub-section (1), the Standing Committee shall forthwith forward a copy thereof to the Council together with a report of the steps taken in pursuance of the said requisition.