State Act

THE JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

72. Payment not to be made unless covered by a budget grant. No payment of any sum out of the Corporation Fund shall be made 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 the provisions of this Act : Provided that this section shall not apply to payment made in the following classes of cases, namely :–– (a) repayment of moneys, belonging to contractors or other persons and held in deposit and of moneys collected or credited to the Corporation Fund by mistake ; (b) refund of taxes and other moneys which are authorised under this Act ; (c) sums payable in any of the following circumstances :–– (i) under orders of the Government on failure of the Corporation to take any action as required by the Government ; or (ii) under any other enactment for the time being in force ; or (iii) under the decree or order of a civil or criminal court passed against the Corporation ; or (iv) under a compromise of any claim, suit or other legal proceeding ; or (v) on account of cost incurred in taking immediate action by the Corporation or the Commissioner to avert a sudden threat of danger to the property of the Corporation or to human life. (d) temporary payment for works urgently required by the Government in the Public interest ; (e) sums payable as compensation under this Act or under rules; regulations or bye-laws made thereunder ; (f) expenses incurred by the Corporation special measures taken on the outbreak of dangerous diseases ;and (g) amount payable to Government by way of audit fee.