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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Revenue and Expenditure
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76. Constitution of Corporation Fund.
- (1) Save as otherwise provided in this Act, -
(a) all funds which immediately before the constitution
of a City vested in any local authority of the City or any part
thereof:
(b)all moneys received by or on behalf of the Corporation under
the provisions of this Act or of any law for the time being in force,
or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of
the Corporation;
(d) all rents accruing from any property of the Corporation
(e)all moneys raised by any tax, rate of cess levied for the purposes
of this Act;
(f) all fees collected and all fines levied under this Act or under
any rule, regulation or bye-law made thereunder; all moneys received
by or on. behalf of the Corporation from the Government or any individual
or association of individuals by way of grant or gilt of deposit:
(h)all interests and Profits arising from any investment of, or
from any transaction in connection with, any money belonging to
the Corporation, including loans advanced under this Act;
(i) all moneys received by or on behalf of the Corporation from
any other source whatsoever;
(2) The Corporation Fund shall be held by the Corporation in trust
for the purposes of this Act subject to the provisions herein contained.
77. Corporation Fund to be kept in State
Bank of India or in Treasury or in a Nationalised Bank. - All
moneys payable to the credit of the Corporation Fund shall be received
by the Commissioner and shah be forthwith paid into the State Bank
of India, in a Treasury of the Government, in a Nationalised Bank
or in any other Bank approved by the Government in this behalf.
78. Operation of accounts with Banks.
- Save as otherwise provided in this Act, no payment shall be
made by any Bank referred to in section 77 out of the Corporation
Fund except on a cheque signed by both -
{a) the officer-in-charge of accounts; and
(b) the Commissioner or an officer subordinate to him authorised by
him in this behalf.
79. Payments 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 a 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 payments made in the
following classes of cases, namely :-
(a)refund of taxes and other moneys which are authorised under this
Act:
(b) 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,
(c) sum 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
(il) 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 proceedings:
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 any rules,
regulations or bye-laws made thereunder;
(f) expenses incurred by the Corporation on special measures taken
on the outbreak of dangerous diseases:
(g) amount payable to Government by way of audit fee.
80. Duty of persons signing cheques.
- Before any person signs a cheque in accordance with section
78 or signs any bill for payment of any amount from the Treasury,
he shall satisfy himself that the sum which is specified, for payment
in the bill or for which the cheque is drawn, as the case way be,
is either :-
(a)required for a purpose or work specifically sanctioned by the proper
authority and covered by a current budget-grant; or
(b) required for any payment referred to, or specified in, section
79.
81. Procedure when money not covered by a
budget-grant is expended. - Whenever any sum is expended
under clause (c), (e) or (f) of the proviso to section 79, the Commissioner
shall forthwith communicate the circumstances to the Corporation to
take such action under the provisions of this Act as shall, in the
circumstances, appear possible and expedient for covering the amount
of the additional expenditure.
82. Application of Corporation Fund.
- (1) The moneys from time to time credited to Corporation Fund
shall be applied in payment of all sums, charges and costs necessary
for carrying out the provisions of this Act. and of the rules, regulations
and bye-laws made thereunder, or of which payment is duly directed,
sanctioned or required by or under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all sums payable
Out of the Corporation Fund under any other enactment for the time
being in force.
(3) Notwithstanding anything contained in this Act such moneys
may also be applied for all such matters
be applied in payment of all sums, charges and costs on all acts and
things which are likely- to promote the safety, health, welfare, or
convenience of
(4) Each Corporation shall contribute from its Fund such sum as may
be required by the Government towards meeting the cost of the Local
Government Directorate or its sub-offices as the Government may establish,
for the purpose of advising, assisting and supervising the work of
Corporation and other local bodies:
Provided that such sum shall not exceed an amount equal to one per
cent of the income for the financial year preceding the year, in which
the Corporation is called upon to make the contribution.
83. Payments from Corporation Fund for works
urgently required for public service. - On the written
requisition of the Secretary, Local Government Department, Punjab,
the Commissioner may at any time undertake the execution of any work
certified by such Secretary to be urgently required in public interest,
and for this purpose may temporarily make payments from the Corporation
Fund so far as the same can be met without unduly interfering with
the regular work of the municipal government.
84. Investment of surplus money.
- ( 1 ) Surplus moneys standing at the Credit of Corporation fund
which cannot immediately or at an early date be applied for the purposes
specified in section 82 shall be invested in the
(2) The loss, if any, arising from such investment, shall be debited
to the Corporation Fund.
85. Constitution of special funds.
- ( 1 ) The Corporation shall constitute such special fund or
funds as may be prescribed by regulations and such other funds necessary
for the purposes of this Act as many be so prescribed.
(2) The Constitution and disposal of such funds shall be effected
in the manner laid down by regulations.
86. Budget estimates: (l) The
Corporation shall, not later than the first week of February of every
year, adopt for the ensuing year a bud et e time which shall be an
estimate of the income and expenditure of the Corporation to
be received and incurred on account of the municipal Government of
the City.
{2) The budget estimate adopted under sub-section (1) shall be Submitted
to the Government not later than the last week of February preceding
the year to which the budget estimate relates.
(3) The budget estimate received by the Government under sub-section
{2) shall be returned to the Corporation before the 31st day of March
after approval without any modification or with such modifications
as the Government may deem fit.
{4) The budget estimate shall be prepared in such manner and shall
provide for all such matters as may be prescribed.
87. Power of Corporation to after budget
estimates: (1) On the recommendation of the Commissioner,
the Corporation may from time to time during the year
(i) increase the amount of any budget-grant under any
head,
(ii) make an additional budget-grant for the purpose of meeting
any special or unforeseen requirement arising during the said year,
{iii) transfer the amount or portion of the amount of the budget-grant
under any head to the account of the budget-grant under any other
head, or
(iv) reduce the amount of the budget-grant under any head:
Provided that due regard shall be had to all the requirements of the
Act and in making any increase or any additional budget-grant, the
estimated cash balance at the close of the year shall not be reduced
below the sum of one lakh rupees or such higher sum as the Corporation
may determine in respect of each budget estimate.
(2) Every increase in a budget-grant and every additional, budget-grant
made in any year under sub-section (1) shall be made with the prior
approval of the Government and after such approval shall be deemed
to be included in the budget estimate finally adopted for that year.
(4) The Commissioner may from time to time during the year -
{a) reduce the amount of a budget-grant, or
{b) sanction the transfer of any amount within a budget .grant:
Provided that every reduction flit exceeds five hundred rupees shah
be reported forthwith by the Commissioner to the Corporation and the
Commissioner shall give effect to any Order that may be passed by
the Corporation in relation thereto.
(4) The Commissioner may, from time to time during the year,
sanction the transfer of any amount not exceeding five thousand rupees
within a minor head if such transfer does not involve a recurring
liability.
88. Power of Corporation to re-adjust income
and expenditure during the year. - ( 1 ) If at any time
during the year it appears to the Corporation .that, notwithstanding
any reduction of budget-grant that has been made under section 87,
the income of the Corporation Fund during the same year will not suffice
to meet the expenditure sanctioned in the budget estimate of that
year and to leave at the close of the year the cash balance specified
in or determined under the proviso to sub-section (1) of section 87,
then it shall be incumbent on the Corporation to sanction forthwith
any measures which it may consider necessary for adjusting that year's
income to the expenditure.
(2) For the purposes of sub-section .(1), the Corporation may either
diminish the sanctioned expenditure of the year so far as it may be
possible so to do with regard to all the requirements of this Act,
or have recourse to supplementary taxation under section 133 or to
an increase of the rates of cesses, fees. fares and other charges
leviable under this Act, or to adopt all or any of those methods.
89. Provisions as to unexpended budget-grant.
- If the whole or any part of any budget-grant included in the
budget estimates for a year remains unexpended at the close of that
year. and that amount thereof has not been taken into account in the
opening balance entered in the budget estimates of any of the next
two following years, the Commissioner may sanction the expenditure
of such budget-grant or the unexpended portion thereof during the
next two following years for the completion of the purpose or object
for
which the budget-grant was originally made and not for any other purpose
or object. |
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