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State of West Bengal - Section

Section 134 in Kolkata Municipal Corporation Act, 1980

134. Power of the Corporation to raise loan.

(1)The Corporation may from time to time by a resolution in this behalf passed at a meeting of the Corporation raise a loan, by the issue of debentures or otherwise on the security of the [property tax] [Substituted by section 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for the words "consolidated rate" .] or of all or any of the taxes, surcharges, cesses and fees and dues under this Act or of both the [property tax] [Substituted by section 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for the words "consolidated rate" .] and all or any of the taxes, surcharges and cesses and fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required—
(a)for the construction of works under this Act, or
(b)for the acquisition of land or buildings for the purposes of this Act, or
(c)to pay off any debt due to the State Government, or
(d)to repay a loan raised under this Act, or
(e)for the acquisition of a public utility concern which renders such services as the Corporation is authorised to render under this Act, or
(f)for the purchase of vehicles, locomotive engines, boilers and machinery necessary for carrying out the purposes of this Act, or
(g)for any other purposes for which the Corporation is, by or under this Act or any other law in force for the time being, authorised to borrow :
Provided that—
(i)no loan shall be raised without the previous sanction of the State Government; and
(ii)the rate- of interest to be paid for such loan and the terms and conditions (including the period) of repayment thereof shall be subject to the approval of the State Government :
Provided further that any loan may be taken from the State Government or the Kolkata Metropolitan Development Authority in addition to the loans as aforesaid.
(2)When any loan has been raised under sub-section (1),—
(i)no portion thereof shall, without the previous sanction of the State Government, be applied to any purpose other than that for which it has been raised, and
(ii)no portion of any loan raised for the purpose referred to in clause (a) of that sub-section shall be applied to the payment of salaries or allowances to any officers or employees of the Corporation other than those who are exclusively employed for the construction of the work for which loan was raised.
Explanation. —The expression "dues under this Act" in sub-section (1) shall, for the purpose of clause (e) of sub-section (1), be deemed to include the income derivable from the public utility concern referred to in that clause.