THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(2) Subject to availability of resources, the powers vested in the authorities to sanction estimates shall,in cases in which consultation with the District Planning Committee concerned is necessary, be subject tosuch rates as may be made by the Government relating to technical scrutiny and sanction of theestimates by competent technical officers .218. General provisions regarding contracts.— (1) A Municipality may enter intoand perform all such contracts as it may consider necessary or expedient carrying into effect theprovisions of this Act,(2) The making of contracts under or for any purpose of this Act shall be subject to thefollowing provisions, namely:-(a) every contract shall be made on behalf of the Municipality by the Secretary;(b) no contract for any purpose, which, in accordance with any provision of this Act,the Secretary may not carry out without the sanction of one of the other municipal authorities,shall be made by him unless such sanction has been obtained;(c) Where tender is necessary no contract shall be made by the Secretary unless thetender therefore has been accepted by the competent authority;Explanation.— The term 'tender' in this clause shall include any bid at an auction. (d) 4l [x x x x)(3) 42 [x xxx]219. Mode of making contracts.— (1) Every contract entered into by the Secretary onbehalf of a Municipality shall be entered into in such manner and form as to bind him if it weremade on his own behalf, and may in like manner and form be varied or discharged:Provided that-(a) the common seal of the Municipality shall be affixed to every contract; andin the case of contracts for the execution of any work or the supply of any materialsor services the cost of which exceeds one thousand rupees, and in the case of all othercontracts whatever be their value, the contract shall be in writing and shall be sealed with the commonseal of the Municipality and shall specify-(i) in the case of contracts for execution of works, supplies or service, the quantity of thework or the materials or services to be supplied, the cost to be paid for them and the time withinwhich the work, supply or service should be completed; and(ii) in the case of all other contracts, the relevant particulars,(2) The common seal of the Municipality shall remain in the custody of the Secretaryand shall not be affixed to any contract or other instrument except in his presence.(3) No contract executed otherwise than as provided in this section shall be binding onthe Municipality.220. 43 [x x \ x]221. Security for performance of contracts. — The Secretary shall take sufficientsecurity for the due performance of every contracts into which he enters after a tender has beenaccepted, and may take security for the due performance of any other contract into which heenters under this Act.39. Sub-section (3) added by Act 14 of 1999, w.e.f. 24-3-1999.40.Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999.41. Clause (d) omitted by Act 14 of 1999, w.e.f. 24-3-1999.42. Sub-section (,3) omitted by Act 14 of 1999, w.e.f. 24-3-1999.