Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Madhya Pradesh - Section

Section 5 in The M.P. Municipalities (The Conduct of Business of the Mayor-In-Council/President-In-Council and the Powers and Functions of the Authorities) Rules, 1998

5. Financial Powers.

(1)The Financial Powers shall be vested in the various authorities as under-
(i)[ In case of the Municipal Corporation :-] [Substituted by Notification No. 24-F-1-65-05-XVIII-3, dated 14-7-2005.]
S.No. Authority Population
Three lacs or more Less than three lacs
(1) (2) (3) (4)
1 Municipal Commissioner Upto rupees ten lac. Upto rupees two lacs.
2 Mayor Exceeding rupees ten lacs but not exceeding rupees twentyfive lacs. Exceeding rupees two lacs but not exceeding rupees ten lacs.
3 Mayor-in- Council Exceeding rupees twenty five lacs but not exceeding rupeesone crore. Exceeding rupees ten lacs but not exceeding rupees twentyfive lacs.
4 Corporation Exceeding rupees one crore. Exceeding rupees twenty five lacs.]
Provided that in case of externally aided projects or deposit works, the State Government may, by order authorise the Commissioner or the Mayor-in-Council to exercise such enhanced financial powers, as it may deem fit :][Provided further that the Mayor-in-Council shall have lull financial powers in the cases of projects relating to the Centrally Sponsored Jawaharlal Nehru National Urban Revewal Mission.] [Inserted by Notification No. 18-F-1-65-05-XVIII-3, dated 4-10-2006.]
(ii)[ In case of Municipal Council and Nagar Panchayat-] [Substituted by Notification No. 15-F-1-07-07-XVIII-3, dated 20-6-2007.]
S.No. Authority Municipal Council Nagar Panchayat
(1) (2) (3) (4)
1 Chief Municipal Officer Upto rupees fifty thousand. Upto rupees twenty thousand-.
2 President-in-Council Upto rupees five lacs. Upto rupees two lacs.
3 Council Upto rupees one crore. Upto rupees twenty five lacs.]
(2)[ x x x] [Omitted by Notification No. 20-F-5-8-2001-XVIII-3, dated 11-10-2002.]
(3)[ In the case where the expenses involved are more than the financial powers vested in the Council under clause (ii) of sub-rule (1), the prior sanction of the Director shall be obtained for the expenses upto rupees two crore. The prior sanction of the State Government shall be necessary' in all the cases involving of more than rupees two crore.] [Substituted by Notification No. 48-2334-05-XVIII-3, dated 15-12-2005.]
(4)The financial powers vested in the Mayor-in-Council and the President-in-Council under sub-rule (1) or any of the powers vested in Rule 9 or 10 may be exercised by the Mayor or President or the member-in-charge as the case may be, subject to the control of Mayor-in-Council or the President-in-Council, as the case may be, and subject to such conditions and limitations as may be determined by the Mayor-in-Council or the President-in-Council, as the case may be.
(5)The financial powers described in sub rule (1) shall be exercised only subject to the following conditions :-
(i)There should be budget provisions in the sanctioned budget and the amount available in the relevant budget head for the work concerned.
(ii)[ In case of Municipal Corporation the services of some qualified consultant may be taken for assistance in the technical and other matters subject to the qualification and procedure specified by the State Government in this behalf. In case of Municipal Council and Nagar Panchayat the technical sanction shall be obtained in the manner prescribed in these rules.] [[Substituted by Notification No. 20-F-5-8-2001-XVIII-3, dated 11-10-2002 Prior to substitution Rule 5 (5) (ii)
read as under :'(ii) In the technical cases, there should be the technical sanction obtained in the manner prescribed in these rules.']]
(iii)Such works which are of the policy nature or relevant to the whole city, irrespective of the amount of expenses likely to be incurred therein, the prior approval of the Council shall have to be obtained.
(iv)The prior approval of the Corporation or the Council, as the case may be, shall have to be obtained for giving any grant or reward to any institution or person (excepting the employees).
(v)[ In the proposal of construction work in any ward, the recommendation/concurrence of the concerned ward councillor (if the office of the Councillor in the concerned ward is not vacant) Mayor/Commissioner/Local member of Legislative Assembly/Local member of Parliament, shall be necessary.] [Substituted by Notification No. 2-XVIII-3-2001, dated 3-1-2001.]
(vi)[ In case of Municipal Council and Nagar Panchayat the tender shall be invited for construction work or purchase of material in accordance with the provisions of the Work Manual of the Public Works Department and recommendation of the Tender Committee, constituted under these rules, shall be obtained on the tenders so received.] [Substituted by Notification No. 20-F-5-8-2001-XVIII-3, dated 11-10-2002.]
(vii)Where the amount of expenditure involved exceeds rupees one thousand and does not exceed rupees ten thousand, it shall be necessary to call atleast three quotations and it shall be necessary for the sanctioning authority to ensure that the rate which is being sanctioned, is not more than the prevailing market rate :
Provided that, prior to giving sanction, it shall be necessary for that sanctioning authority to ensure that the provision for the concerned expenditure exists in the budget;Provided further that the rate so sanctioned as per the quotation so called, shall be limited to the concerned work and shall not be used for any other work.
(viii)[ In case of Municipal Corporation the works which are sanctioned by the Municipal Commissioner. Mayor, Mayor-in-Council within the limit of their jurisdiction and if the amount expenses on the work so sanctioned exceeds ten times of their original jurisdiction (For example when the Municipal Commissioner has sanctioned the works upto rupees ten lacs) then this information be given immediately to his senior authority. Similarly, the same procedure shall be followed by the Mayor and Mayor-in-Council. In case of Municipal Council and Nagar Panchayat each authority shall give information to the authority senior to him within fifteen days of the expenditure, exceeding fifty per cent or more, of the maximum financial power vested in him.] [Substituted by Notification No. 20-F-5 8-2001-XVIII-3. dated 11-10-2002.]
(ix)In case of the exercise of financial powers by the Mayor-in-Council or the President-in-Council, as the case may be, information in all relevant cases shall be submitted in the next meeting of the Council.