Section 117 in Uttar Pradesh Municipal Corporation Act, 1959
117. Functions of Corporation authorities.
(1)Except as otherwise expressly provided in the Act, the municipal administration of the City shall vest in the Corporation.[(1-A) Except as otherwise expressly provided in this Act, every Ward Committee shall be vested, on behalf of the Corporation in relation to the area for which it has been constituted, with such powers and functions as may be prescribed by rules.] [Inserted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).](2)Except as otherwise expressly provided in this Act the Executive Committee shall be vested, for and on behalf of the Corporation, with the superintendence of the municipal administration of the City.(3)The Development Committee shall perform the functions and have the powers mentioned in Chapter XIV.(4)The functions and powers of a Committee appointed under clause (e) of Section 5 shall be such as may be assigned to it by the Corporation with the previous sanction of the State Government.(5)[Subject to the general control and direction of the Mayor, and wherever it is hereinafter expressly so directed, to the sanction of the Corporation] [Substituted . by U.P. Act 4 of 1976 (w.e.f. 15-09-1976).] or of the Executive Committee, as the case may be, and subject to all other restrictions, limitations and conditions imposed by or under this Act, the executive power for the purposes of carrying out the provisions of this Act shall be vested in the Municipal Commissioner who shall also perform all the duties and exercise., all the powers specifically imposed or conferred on him.(6)Without prejudice to the generality of the provisions of sub-section (5), the Municipal Commissioner shall also -(a)subject to the provisions of this Act and the rules made thereunder, prescribe the duties of and exercise supervision and control over the acts and proceedings of all Corporation officers and servants other than the Mukhya Nagar Lekha Parikshak and the Corporation officers and servants immediately subordinate to him and dispose of all questions relating to the service of the said officers and servants and privileges and allowances;(b)in any emergency take such immediate action for the service or safety of the public or the protection of the property of the Corporation as the emergency shall require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the State Government:Provided that the Municipal Commissioner shall report forthwith to the Executive Committee and to the Corporation the action taken by him and the reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action not already covered by a budget grant:Provided further that the Municipal Commissioner shall not exercise his powers under this clause if the expenditure likely to be incurred over and above the budget grant in taking the particular action will-(a)exceed Rs. 10,000 or, where the Mayor concurs in the taking of that action, Rs. 20,000; or(b)together with any expenditure over and above the budget grant already incurred under this clause in the financial year, exceed Rs. 50,000, or, where the Mayor concurs in the taking of that action, Rs. 1,00,000.
