Manipur Municipalities Act, 1994

An Act to provide for constitution and organisation of municipalities in the Urban areas of Manipur and for matters connected therewith and incidental thereto.

Act Id	manipur-municipalities-act
Act Number	43
Enactment Date	1994-07-08
Act Year	1994
Ministry	Ministry of Home Affairs
Enforcement Date	24-05-1994

PRELIMINARY
- 1 Short title, extent and commencement.
- 2 Definitions.
CONSTITUTION OF MUNICIPALITIES
- 3 Constitution of municipalities.
- 4 Effect of exclusion of local area from municipality.
- 5 Election and maintenance of boundary marks.
NAGAR PANCHAYAT
- 6 Incorporation of Nagar Panchayat.
- 7 Composition of Nagar Panchayat.
- 8 Application of certain provisions relating to Council in case of Nagar Panchayat.
- 9 Chairperson and Vice-Chairperson of Nagar Panchayat.
- 10 Election of Chairperson and Vice-Chairpersons.
- 11 Resignation by Chairperson, Vice Chairperson and Councillor.
- 12 Remuneration to Chairperson and Vice-Chairperson.
MUNICIPAL COUNCIL
- 13 Incorporation of Municipal Council.
- 14 Municipal administration.
- 15 Composition of Council.
- 16 Constitution and composition of Wards Committees.
- 17 Reservation of seats.
- 18 Allocation of reserved seats and delimitation of wards.
- 19 Disqualifications for membership.
- 20 Oath of office.
- 21 Appointment of administrator.
- 22 Duration of municipalities, etc.
- 23 Every Council to have Chairperson and a Vice-Chairperson.
- 24 Election of Chairperson.
- 25 Election of Vice-Chairperson.
- 26 Chairperson and Vice-Chairperson cease to hold office as such.
- 27 Filling up of vacancies and term of office of persons filling up the vacancy.
- 28 Resignation by Chairperson, Vice-Chairperson and Councillor.
- 29 Removal of Councillors.
- 30 Effect of removal of a Councillor.
- 31 No-confidence motion against Chairperson or Vice-Chairperson.
- 32 Grant of leave of absence to Chairperson or Vice-Chairperson.
- 33 Powers and functions of the Chairperson.
- 34 Function of Vice-Chairperson.
- 35 Remuneration of Chairperson and Vice-Chairperson.
- 36 Powers, authority and responsibilities of municipalities.
- 37 Obligatory functions of the municipality.
- 38 Special duties of municipalities.
- 39 Discretionary functions of municipality.
- 40 Management of public institution by municipality to vest in it.
ESTABLISHMENT
- 41 Appointment of Executive Officers.
- 42 Main functions of the Executive Officer.
- 43 Appointment of Health Officer, Revenue Officer and Engineer.
- 44 Power of Nagar Panchayat and Council to determine strength of its employees.
- 45 Power of Nagar Panchayat and Council to appoint its officers and employees.
- 46 Disciplinary action against employees of Nagar Panchayat and Council and conditions of their services, etc.
- 47 Gratuity and pension.
- 48 Power to make rules.
CONDUCT OF BUSINESS
- 49 Meeting of a Nagar Panchayat or of a Council.
- 50 Chairperson of meeting.
- 51 Manner of deciding questions.
- 52 Adjournment of meeting in the absence of quorum.
- 53 Minutes of proceedings.
- 54 Modification and cancellation of resolution.
- 55 Right of Government Officers to attend, address and take part in the meeting of the Nagar Panchayat or of the Council.
- 56 Appointment of Committees.
- 57 Chairperson of Committee.
- 58 Liability for loss, waste or misapplication of funds and property.
- 59 Disqualifications of Councillors having share or interest in contract.
- 60 Penalty in case Councillors, executive officer, etc., having interest in a contract, etc., with the Nagar Panchayat or Council.
- 61 Disqualification from voting.
MUNICIPAL PROPERTY, FINANCE AND CONTRACTS
- 62 Municipal property and vesting thereof.
- 63 Transfer of municipal property.
- 64 Execution of contracts.
- 65 Transfer of private roads, etc., to Nagar Panchayat or Council.
- 66 Acquisition of land.
- 67 Formation and custody for municipal fund.
- 68 Credit of moneys to the municipal fund.
- 69 Powers of the Nagar Panchayat or of the Council to borrow money.
- 70 Application of municipal property and fund.
- 71 Budget.
- 72 Accounts and audit.
- 73 Finance Commission for municipalities.
MUNICIPAL TAXATION
- 74 Power to impose taxes by and the funds of the municipalities.
- 75 Taxes which may be imposed.
- 76 Tax on Government holdings.
- 77 Restriction regarding tax on holding.
- 78 Collection of taxes are subject to bye-law, etc.
- 79 Nagar Panchayat or Council to determine the valuation of holding.
- 80 Returns required for ascertaining annual value.
- 81 Penalty for default in furnishing return and for obstruction of assessor.
- 82 Determination of annual value of holdings.
- 83 Determination of rate of tax on holding.
- 84 Preparation of assessment register.
- 85 Powers to assess consolidated tax for building and land on which it stands.
- 86 Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register.
- 87 Notice to be given to Chairperson of transfers of title of persons liable of payment of tax.
- 88 Revisions of valuation list.
- 89 Appointment of assessor and power of State Government to direct the appointment of assessor.
- 90 Revision of assessment register.
- 91 Effect of revision of assessment register.
- 92 Exemptions and remission.
- 93 Power of assessor.
- 94 Publication of notice of assessment.
- 95 Application for review.
- 96 Procedure for review.
- 97 Limitation of time for application for review.
- 98 Assessment to be questioned only under Act.
- 99 Tax not invalid for want of form.
- 100 Procedure for imposing taxes, recovery of claims, etc.
RECOVERY OF MUNICIPAL CLAIMS
- 101 Recovery from occupier of tax due from non-resident.
- 102 Recovery from owner of occupier's tax in certain cases.
- 103 Recovery by owner of occupier's tax paid by owner.
- 104 Method of recovery by owner.
- 105 Penalty.
- 106 Municipality may compound with livery stable keepers.
- 107 Rents, tolls and fees in respect of markets.
- 108 Recovery of taxes as arrears of land revenue.
- 109 Power to sell unclaimed holdings for money due.
- 110 Writing off irrecoverable sums due to the Nagar Panchayat or to the Council.
Powers in respect of road
- 111 Power to make roads.
- 112 Power to repair, etc., of private road, drains, etc.
- 113 Prohibition of use of public roads by a class of animals, carts or vehicles.
- 114 Penalty for encroachment on public roads, etc.
- 115 Use of public road or place by vendors and other person and penalty thereof.
- 116 Power to remove obstructions, encroachments and projections in or on public road, etc.
- 117 Procedure when person who erected obstruction cannot be found.
- 118 Projections from buildings to be removed.
- 119 Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment summarily on requisition by the Government.
- 120 Effect of order made under section 116, 117, 118 or 119.
- 121 Nagar Panchayat or Council may require land holders to trim hedges, etc.
- 122 Penalty for disobeying requisition under section 116, 117, 118 or 119.
- 123 Names of public roads and number of buildings.
Building
- 124 Erection of building without sanction.
- 125 Special provision for cases where bye-laws have not been made.
- 126 Powers of Nagar Panchayat or the Council to sanction or refuse.
- 127 Lapse of sanction.
- 128 Penalty for building without or in contravention of sanction.
- 129 Power of a Nagar Panchayat or a Council in case of disobedience.
- 130 Roofs and external walls not to be made of inflammable materials.
- 131 Power to attach brackets for lamps.
- 132 Building unfit for human habitation.
- 133 Pending of building in dangerous state.
- 134 Nagar Panchayat or Council may require owners to pull down ruins.
- 135 Penalty for disobeying requisition under sections 133 and 134.
- 136 Compensation for prohibition of erection or re-erection.
Powers connected with drains
- 137 Power to require owners to clear noxious vegetation.
- 138 Power to require owners to improve bad drainage.
- 139 Power to require unwholesome tanks or private premises to be cleansed or drained.
- 140 Wells, tanks, etc., to be secured.
- 141 Penalty for disobeying requisition under sections 137, 138, 139 and 140.
- 142 Power of Government to prohibit cultivation, use of manure, or irrigation injurious to health.
- 143 Public latrines and urinals.
- 144 Power to demolish unauthorised drains leading into public.
- 145 Penalty for allowing water of any sewer, etc., to run on any public road.
- 146 Power to require owner to drain land.
- 147 Penalty for disobeying requisition under section 146.
Scavenging and cleaning
- 148 Establishment for removal of sewage, offensive matter and rubbish.
- 149 Sewerage scheme.
- 150 Removal of sewage, offensive material, rubbish.
- 151 Penalty for placing rubbish on public road.
- 152 Penalty on occupier for not removing filth, etc.
- 153 Penalty for throwing offensive matter on public roads, etc.
- 154 Power of servants of the Nagar Panchayat or of the Council.
Water supply and drainage system
- 155 Supply of drinking water.
- 156 Removal of latrines, etc., near any source of water supply.
- 157 Owner or occupier to take steps to prevent spread of infectious disease.
- 158 Unauthorised construction or tree over drain or water-works.
Burial and burning ground for disposal of corpses
- 159 Powers in respect of burial and burning places.
- 160 Burial of paupers and unclaimed dead bodies.
- 161 Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased.
Markets and slaughter houses
- 162 Establishment of markets.
- 163 Power to remove persons from municipal market.
- 164 Places for slaughter of animals for sale.
- 165 Inspection before and after slaughter.
- 166 Licencing of butcher.
Nuisances from certain trades, professions, etc.
- 167 Regulation of offensive trades.
- 168 Certain offensive and dangerous trades not to be established within the limits to be fixed by the municipality without licence.
- 169 Cinemas, dramatic performances, circuses, etc.
- 170 Cancellation, revocation, etc., of licences.
- 171 Publication of order of refusal, suspension of licences.
- 172 Power to close market, tea-stall, etc.
Infectious or contagious diseases
- 173 Penalty for failure to give information of cholera.
- 174 Disinfection of building and articles.
- 175 Penalty for letting infected house.
- 176 Power of entry for purpose of preventing spread of disease.
- 177 Removal to hospital of patients suffering from infectious disease.
Park, playground and open space
- 178 Municipality to provide places for recreation.
- 179 Function and powers in regard to pounds.
PROCEDURE
- 180 Service of notice.
- 181 Reasonable time for act to be fixed.
- 182 Service of notice on owner or occupier of land.
- 183 Procedure when owners or occupiers are required by Nagar Panchayat or the Council to execute works.
- 184 Person required to execute any work may prefer objection to the municipality.
- 185 Procedure if person objecting alleges that work will cost more than three thousand rupees.
- 186 Chairperson, Vice-Chairperson to make order after hearing objection.
- 187 Power of municipality on failure of persons to execute works.
- 188 Power to apportion expenses among owners and occupiers.
- 189 Apportionment among owners and occupiers.
- 190 Occupiers may recover cost of works executed at their expenses from owners.
- 191 Power to enter upon, possession of houses so repaired.
- 192 Sale of materials of houses pulled down.
- 193 Cognizance.
- 194 Offences under the Act compoundable.
- 195 Power and duties of police in respect of offences.
- 196 Appeals from order refusing licences.
- 197 Appeals from orders in other cases.
- 198 Appeal not to be dismissed without giving reasonable opportunity.
- 199 Dispute as to compensation payable by municipality.
- 200 Indemnity.
- 201 Bar of suits in absence of notice.
CONTROL
- 202 Control by Deputy Commissioner.
- 203 Power to suspend action under the Act.
- 204 Powers of Deputy Commissioner in case of emergency.
- 205 Power to dissolve Nagar Panchayat or Council in certain cases.
- 206 Consequence of dissolution.
- 207 Decision of disputes between local authorities.
RULES AND BYE-LAWS
- 208 Powers of State Government to make rules.
- 209 Power of municipality to frame bye-laws.
- 210 Additional power to frame bye-laws in hill areas.
- 211 Confirmation of bye-laws.
- 212 Publication of bye-laws.
- 213 Model bye-laws.
MISCELLANEOUS
- 214 Validity of acts and proceedings.
- 215 Petition for challenging election.
- 216 Power to make rules for election and election petition.
- 217 Bar of jurisdiction of Civil Courts in election matters.
- 218 Election to the municipalities.
- 219 Electoral roll for a municipal area.
- 220 Conditions for registration as a voter.
- 221 Power to remove difficulties.
- 222 Overriding effect of the provisions of the Act.
- 223 Mode of proof of municipal record and fee for certified copy.
- 224 Restriction on the summoning of municipal servants to produce documents.
- 225 Penalty for violating the provision of this Act.
- 226 Public servants.
- 227 District Planning Committee.
- 228 Committee for Metropolitan Planning.
- 229 Delegation of powers of State Government.
- 230 Repeal of Manipur Act 26 of 1976 and saving.
- 231 Repeal and saving.

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