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Section 72Payment not to be made unless covered by a budget grant.

The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000 (Act No. XXI of 2000)

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.