101. Payments not to be made out of Municipal Fund unless covered by budget grant.
- 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(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.
