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State of Assam - Section

Section 114 in Gauhati Municipal Corporation Act, 1971

114. Restriction on expenditure from Municipal.

- Except as hereinafter provided on payment of any sum out of the Municipal Fund shall be made by the Commissioner unless the expenditure of the same is covered by a current budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act:Provided that this section shall not apply to payments made in the following classes of cases, namely: -
(a)Refunds of taxes and other moneys, which are authorised by this Act;
(b)Repayments of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the Municipal Fund by mistake:
(c)Sums payable in any of the following circumstances -
(i)Under orders of the Government;
(ii)Under the decree or order of a Civil or Criminal Court passed against the Corporation;
(iii)Under a compromise of any claim, suit or other legal proceedings;
(iv)On account of cost incurred in taking immediate action by any of the Municipal authorities to avert a sudden threat of danger to the property of the Corporation or to human life;
(d)Temporary payments for work urgently required by the Government in the public interest under section 116 of this Act;
(e)Sums payable as compensation under this Act or under any rules or bye-laws made thereunder; and
(f)Expenses incurred by the Corporation on special measures taken as the outbreak of dangerous diseases.