MMCNPIT Act 90Chapter VII · Municipal Property, Funds, Contracts And Liabilities

Section 90 · Municipal fund

(1)

All moneys received by or on behalf of a Council by virtue of this Act or any other law for the time being in force, all taxes, fines and penalties paid to or levied by it under this Act, other than fines imposed by any Court, all proceeds of land or other property sold by the Council, and all rents accruing from its land or property, and all interest, profits and other moneys accruing by gift or transfer from Government or private individuals or otherwise, shall constitute the municipal fund, and shall be held and dealt with in a similar manner to the property specified in Sections 88 and Section 97, respectively:Provided that -

(a)

nothing in this section or in Section 88 shall in any way affect any obligation accepted by or imposed upon any Council by any declarations of trust executed by or on behalf of such Council or by any scheme settled under the Charitable Endowments, Act, 1890. (VI of 1890), for the administration of any trust, or by a trust of the nature specified in clause (b);

(b)

a Council may, subject to the condition that reasonable provision shall he made for the performance of all obligations imposed or that may be imposed on it by or under this Act or any other law for the time being in force, after crediting the necessary sums to the [funds created under section 91] [These words and figures were substituted for the words and figures 'funds created under sections 50 and 91' by Maharashtra 15 of 2012, Section 15 (w.e.f. 4-8-2012).], credit to a separate heading in the municipal accounts any portion of the municipal funds received or set apart by it specially for the purposes of schools or dispensaries or water works or fire-brigades or other such purposes as the Director in this behalf approves, and the Council shall apply sums so credited exclusively to the special purposes for which sums were received or set apart;

(c)

(i)every Council which levies a tax on pilgrims resorting periodically to a shrine within its area shall, subject to the condition that reasonable provision shall be made for the purposes specified in sub-clause (ii), credit the proceeds of the said tax to a separate heading in the municipal account to be called the "Pilgrim Fund Account";

(A)making reasonable provision for the performance of all obligations imposed or which may be imposed on it by or under this Act or any other law for the time being in force;

(B)such general duties, of the Council as are connected with the health, convenience and safety of the said pilgrims; and

(C)the cost of collection of the said tax;

(iii)the sums credited under sub-clause (i) shall be devoted to such works conducive to the health, convenience and safety of the said pilgrims as may be approved by the Collector.

(ii)the purposes for which provision shall be made by a Council before the proceeds of the pilgrim tax are credited to the Pilgrim Fund Account shall be the following, namely, the payment to the Council of such percentage of the proceeds of the said tax as may be determined from time to time by the Council with the approval of the Collector for -

(2)

The State Government may under appropriation duly made in this behalf make such grants to every Council every year and subject to such terms and conditions and in such manner as it may deem fit for all or any of the following purposes, namely:-

(a)

Water Supply;

(b)

Drainage;

(c)

Primary and Secondary education;

(d)

Development plan and town planning schemes under the [Bombay Town Planning Act, 1954;] [Now refer the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra 27 of 1966).]

(e)

Dearness allowance to the officers and servants of the Council;

(f)

[* * *] [Clause (f) was deleted by Maharashtra 38 of 1971, Section 6.]

(g)

Public Health;

(h)

Fire Brigade;

(i)

Construction and maintenance of roads; and

(j)

such other amenities as the State Government may from time to time determine.

Such grants shall be credited to the municipal fund and applied for the purposes for which they are sanctioned.

(3)

[ It shall be competent for the State Government to deduct, -

(a)

from the grants made under sub-section (2); or

(b)

from any sum representing the grant-in-aid or the share of the Council in the net proceeds of the taxes, duties, tolls and fees levied by the State and distributed and allocated, as determined by the State Government, on the recommendations of the Finance Commission;

any amount which is due to the State Government or to any Government Corporation, Government company or any other statutory authority constituted by the Government of Maharashtra:Provided that before making such deduction, the council's say in the matter shall be considered by the Government.] [Sub-section (3) was added by Maharashtra 41 of 1994, Section 147.]

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