Section 62 in The City of Nagpur Corporation Act, 1948
62. Exercise of functions to be subject to sanction by Corporation of the necessary expenditure. - The exercise or performance by any municipal authority of any power conferred or duty imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to section 84, be subject to the following conditions namely :-
(a)such expenditure, so far as it is to be incurred in the financial year in which such power may be exercised or duty performed, shall have been provided for under a current budget grant; and(b)if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, liability for such expenditure shall not be incurred without the sanction of the Corporation.[63. Procedure for making contracts by or on behalf of Corporation. - With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property or any interest therein, the following provisions shall have effect, namely :-(a)every such contract shall be made on behalf of the Corporation by the Commissioner;(b)no such contract, for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of the Corporation or some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly obtained;[(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which will involve an expenditure exceeding rupees ten lakhs but [not exceeding rupees fifteen lakhs shall be made by the Commissioner, unless the same is approved by the Mayor. However, the total amount of the contracts approved by the Mayor shall not exceed rupees one crore during a year.] For any contract, which involves an expenditure [in excess of rupees fifteen lakhs] the previous approval of the Standing Committee shall be necessary :Provided that, the Standing Committee shall consider and dispose of the proposals made by the Commissioner for previous approval, within thirty days from the date of receipt thereof, failing which the previous approval to such contract shall be deemed to have been given by the Standing Committee and a report to that effect shall be made by the Commissioner to the Corporation;](d)every contract made by the Commissioner involving expenditure exceeding [fifty thousand rupees] but not exceeding [three lakh rupees] or such higher amount as may be fixed under clause (c) shall be reported by him, within fifteen days after the same has been made, to the [Standing Committee];(e)the foregoing provisions of this section shall, as far as may be, apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.][64. Tenders to be invited for contracts involving expenditure exceeding fifty thousand rupees. - (1) The Commissioner shall invite tenders for contracts involving expenditure exceeding fifty thousand rupees.(2)The mode of executing contract under this Act shall be prescribed by the by-laws made under this Act.(3)No contract which is not made in accordance with the provisions of this Act and the rules and by-laws made thereunder shall be binding on the Corporation.][64A. Commissioner to execute resolution. - The Commissioner shall execute all the resolutions made by the Corporation, the Standing Committee or any other Committee:Provided that, the Corporation, the Standing Committee or any other Committee, as the case may be, shall obtain and take into consideration the remarks of the Commissioner, before making any resolution :Provided further that, if the Commissioner is of the opinion that the resolution passed or decision taken by the Corporation or any of the Committee is against the provisions of any law for the time being in force or may lead to wastage of municipal funds or seeks to divert funds allocated for any of the obligatory duties of the Corporation to some other purpose or is against the policy of the Stale Government, he may, before implementing the decision seek the direction from the State Government and the State Government shall within forty-five days of the receipt of such reference made by the Commissioner, issue directions to the Commissioner whether such decision should be implemented or not and the directions issued by the State Government shall be binding on the Corporation, or the concerned Committee, as the case may be.]
