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Nagpur Province - Section

Section 86 in The City of Nagpur Corporation Act, 1948

86. Preparation of budget estimates.

(1)The [Commissioner] [These words were substituted for the words 'Member-in-charge', by Maharashtra 26 of 1999, Section 45(a)(1).] shall on or before the [fifth day of February] [These words were substituted for the words 'tenth day of January', by Maharashtra 11 of 2002, Section 41 (i).] each year, cause to be prepared and [laid before the Standing Committee] [These words were substituted for the words 'submitted to the Mayor-in-Council' by Maharashtra 26 of 1999, Section 45(a)(ii).], in such form as may be prescribed and in such manner as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, Section 45(a)(iii).] may approve, budget estimates of the income and expenditure of the municipal fund [and also of the special funds separately] [These words were inserted by Maharashtra 13 of 1992, Section 10(a).] for the next financial year.
(1A)[ The [Commissioner] [Sub-section (1A) was added by Maharashtra 41 of 1994, Section 95.], shall, while preparing the statement referred to in clause (i) of sub-section (1) append thereto a report indicating whether the following services are being provided in a subsidised manner and, if so, the extent of the subsidy, the source from which the subsidy was met and the sections or categories of the local population who were the beneficiaries of such subsidy, namely :-
(a)water supply and disposal of sewage,
(b)scavenging, transporting and disposal of wastes, and
(c)street lighting.
Explanation. - A service shall be construed as being provided in a subsidised manner if its total cost, comprising the expenditure on operation and maintenance and adequate provision for depreciation of assets and for debt servicing, exceeds the income relatable to the rendering of that service.]
(2)Such estimates shall -
(a)provide for the repayment of all loans with interest due thereon, for the repayment of which the Corporation is liable;
(b)provide for the discharge of liabilities imposed on the Corporation by sub-section (1) of section 3;
(c)provide for the payment in convenient instalments from the municipal fund of an amount equal to the grant assigned for education;
(ca)[ as respects the special funds,- [Clause (ca) was inserted by Maharashtra 13 of 1992, Section 10(b).]
(i)provide with reference to the provisions of Chapter XI such rates and extent of such municipal taxes, namely, sewerage tax, sewerage benefit tax, water tax and water benefit tax as the [Commissioner] thinks fit for the purposes of Chapters XIII, XIV, XVI and XVII;
(ii)state the estimates of receipt of the aforesaid taxes or of any other receipts;
(iii)provide for payment as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act in respect of matters falling under Chapters XIII, XIV, XVI and XVII; and
(iv)provide for such expenditure, if any, as the [Commissioner] [This word was substituted for the words 'Member-in-charge' by Maharashtra 26 of 1999, Section 45(c).] considers necessary to be incurred by the Corporation in the next financial year for the purpose of Chapters XIII, XIV, XVI and XVII;]
(d)allow for a cash balance at the end of the said year of not less than such sum as may be prescribed by the State Government.
(3)The [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 45(d)(i).] shall, on or as soon as may be after the [fifth day of February] [These words were substituted for the words 'tenth day of January' by Maharashtra 11 of 2002, Section 41(ii)(a).], consider the budget estimates prepared by the [Commissioner] [These words were substituted for the words 'Member-in-charge' by Maharashtra 26 of 1999, Section 45(d)(ii).] and make such modifications and additions thereto as it shall think fit and submit the same to the Corporation not later than the [twenty-eighth day of February] [These words were substituted for the words 'fifteenth day of February' by Maharashtra 11 of 2002, Section 41(ii)(b).];
(4)The Corporation shall finally adopt the budget estimates before the beginning of the year to which they relate and shall forthwith submit copies thereof to the State Government :Provided that, if for any reason the Corporation has not finally adopted the budget estimates be fore the commencement of the financial year to which they relate, the budget estimates as prepared by the [Commissioner] [This word was substituted for the words 'Member-in-charge', with the approval of the Mayor-in-Council', by Maharashtra 26 of 1999, Section 45(e).] shall be deemed to be the budget estimates for that year until action has been taken by the Corporation :Provided further that, if the Corporation becomes indebted to the Government, the adoption of budget estimates under this sub-section shall be subject to confirmation by the State Government.