Section 115 in The Mumbai Municipal Corporation Act, 1888
115. Only sums covered by budget grant to be expended from the municipal fund.
(1)Except as hereinafter provided, no payment of any sum sh:,11 be made by the Commissioner out of the municipal fund, unless the expenditure of the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under section 133 or section 134:Exceptions.(2)Provided that the following items shall be excepted from this prohibition, namely:-(a)sums of which the expenditure has been sanctioned by the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 48(a), (w.e.f. 23-4-1999).] under section 132;(b)temporary payments under section 119 for works urgently required in the public service;(c)refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;(d)repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the municipal fund by mistake;(e)sums which the Commissioner is by section 222, sub-section (3), 309, sub section (2), 315, sub-section (2), 334, sub-section (2), 395, sub-section (2), 426, sub-section (2), 427, sub-section (4), 501 and 515, clause (b) required or empowered to pay by way of compensation;(f)sums payable in any of the circumstances mentioned in clause (f) of section 118;(g)expenses incurred by the Commissioner in the exercise of the power conferred upon him by section 434;(h)costs incurred by the Commissioner under [clause (c) or (d) of sub-section (3)] [This portion was substituted for the original by Bombay 48 of 1948, Section 22.] of section 64:[Provided further that, in the case of an emergent necessity for funds, and upon a representation by the [Brihan Mumbai Electric Supply and Transport Committee] [This proviso was added by Maharashtra 32 of 1966, Section 2.] to the Corporation, the Corporation may, with the previous sanction of the State Government (which sanction may be given subject to such terms and conditions as to repayment and other matters as that Government thinks fit), authorise the Commissioner to pay from the municipal fund into the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] such sums as may be specified, as a temporary advance for meeting such emergency.](3)In sub-section (1), "budget grant" means a budget grant within the meaning of that term as defined in section 130 and includes any sum by which such budget grant may at any time be increased by a transfer under [sub-section (1)] [This was substituted for 'clause (b)' by Bombay 5 of 1938, Section 15.] of section 133.
