The Manipur Municipalities Act

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

1994

CONSTITUTION OF MUNICIPALITIES

Constitution of municipalities

Effect of exclusion of local area from municipality

Election and maintenance of boundary marks

NAGAR PANCHAYAT

Incorporation of Nagar Panchayat

Composition of Nagar Panchayat

Application of certain provisions relating to Council in case of Nagar Panchayat

Chairperson and Vice-Chairperson of Nagar Panchayat

Election of Chairperson and Vice-Chairpersons

Resignation by Chairperson, Vice Chairperson and Councillor

Remuneration to Chairperson and Vice-Chairperson

MUNICIPAL COUNCIL

Incorporation of Municipal Council

Municipal administration

Composition of Council

Constitution and composition of Wards Committees

Reservation of seats

Allocation of reserved seats and delimitation of wards

Disqualifications for membership

Appointment of administrator

Duration of municipalities, etc

Every Council to have Chairperson and a Vice-Chairperson

Election of Chairperson

Election of Vice-Chairperson

Chairperson and Vice-Chairperson cease to hold office as such

Filling up of vacancies and term of office of persons filling up the vacancy

Resignation by Chairperson, Vice-Chairperson and Councillor

Removal of Councillors

Effect of removal of a Councillor

No-confidence motion against Chairperson or Vice-Chairperson

Grant of leave of absence to Chairperson or Vice-Chairperson

Powers and functions of the Chairperson

Function of Vice-Chairperson

Remuneration of Chairperson and Vice-Chairperson

Powers, authority and responsibilities of municipalities

Obligatory functions of the municipality

Special duties of municipalities

Discretionary functions of municipality

Management of public institution by municipality to vest in it

ESTABLISHMENT

Appointment of Executive Officers

Main functions of the Executive Officer

Appointment of Health Officer, Revenue Officer and Engineer

Power of Nagar Panchayat and Council to determine strength of its employees

Power of Nagar Panchayat and Council to appoint its officers and employees

Disciplinary action against employees of Nagar Panchayat and Council and conditions of their services, etc

Gratuity and pension

Power to make rules

CONDUCT OF BUSINESS

Meeting of a Nagar Panchayat or of a Council

Chairperson of meeting

Manner of deciding questions

Adjournment of meeting in the absence of quorum

Minutes of proceedings

Modification and cancellation of resolution

Right of Government Officers to attend, address and take part in the meeting of the Nagar Panchayat or of the Council

Appointment of Committees

Chairperson of Committee

Liability for loss, waste or misapplication of funds and property

Disqualifications of Councillors having share or interest in contract

Penalty in case Councillors, executive officer, etc., having interest in a contract, etc., with the Nagar Panchayat or Council

Disqualification from voting

MUNICIPAL PROPERTY, FINANCE AND CONTRACTS

Municipal property and vesting thereof

Transfer of municipal property

Execution of contracts

Transfer of private roads, etc., to Nagar Panchayat or Council

Acquisition of land

Formation and custody for municipal fund

Credit of moneys to the municipal fund

Powers of the Nagar Panchayat or of the Council to borrow money

Application of municipal property and fund

Accounts and audit

Finance Commission for municipalities

MUNICIPAL TAXATION

Power to impose taxes by and the funds of the municipalities

Taxes which may be imposed

Tax on Government holdings

Restriction regarding tax on holding

Collection of taxes are subject to bye-law, etc

Nagar Panchayat or Council to determine the valuation of holding

Returns required for ascertaining annual value

Penalty for default in furnishing return and for obstruction of assessor

Determination of annual value of holdings

Determination of rate of tax on holding

Preparation of assessment register

Powers to assess consolidated tax for building and land on which it stands

Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register

Notice to be given to Chairperson of transfers of title of persons liable of payment of tax

Revisions of valuation list

Appointment of assessor and power of State Government to direct the appointment of assessor

Revision of assessment register

Effect of revision of assessment register

Exemptions and remission

Power of assessor

Publication of notice of assessment

Application for review

Procedure for review

Limitation of time for application for review

Assessment to be questioned only under Act

Tax not invalid for want of form

Procedure for imposing taxes, recovery of claims, etc

RECOVERY OF MUNICIPAL CLAIMS

Recovery from occupier of tax due from non-resident

Recovery from owner of occupier's tax in certain cases

Recovery by owner of occupier's tax paid by owner

Method of recovery by owner

Municipality may compound with livery stable keepers

Rents, tolls and fees in respect of markets

Recovery of taxes as arrears of land revenue

Power to sell unclaimed holdings for money due

Writing off irrecoverable sums due to the Nagar Panchayat or to the Council

Powers in respect of road

Power to make roads

Power to repair, etc., of private road, drains, etc

Prohibition of use of public roads by a class of animals, carts or vehicles

Penalty for encroachment on public roads, etc

Use of public road or place by vendors and other person and penalty thereof

Power to remove obstructions, encroachments and projections in or on public road, etc

Procedure when person who erected obstruction cannot be found

Projections from buildings to be removed

Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment summarily on requisition by the Government

Effect of order made under section 116, 117, 118 or 119

Nagar Panchayat or Council may require land holders to trim hedges, etc

Penalty for disobeying requisition under section 116, 117, 118 or 119

Names of public roads and number of buildings

Building

Erection of building without sanction

Special provision for cases where bye-laws have not been made

Powers of Nagar Panchayat or the Council to sanction or refuse

Lapse of sanction

Penalty for building without or in contravention of sanction

Power of a Nagar Panchayat or a Council in case of disobedience

Roofs and external walls not to be made of inflammable materials

Power to attach brackets for lamps

Building unfit for human habitation

Pending of building in dangerous state

Nagar Panchayat or Council may require owners to pull down ruins

Penalty for disobeying requisition under sections 133 and 134

Compensation for prohibition of erection or re-erection

Powers connected with drains

Power to require owners to clear noxious vegetation

Power to require owners to improve bad drainage

Power to require unwholesome tanks or private premises to be cleansed or drained

Wells, tanks, etc., to be secured

Penalty for disobeying requisition under sections 137, 138, 139 and 140

Power of Government to prohibit cultivation, use of manure, or irrigation injurious to health

Public latrines and urinals

Power to demolish unauthorised drains leading into public

Penalty for allowing water of any sewer, etc., to run on any public road

Power to require owner to drain land

Penalty for disobeying requisition under section 146

Scavenging and cleaning

Establishment for removal of sewage, offensive matter and rubbish

Sewerage scheme

Removal of sewage, offensive material, rubbish

Penalty for placing rubbish on public road

Penalty on occupier for not removing filth, etc

Penalty for throwing offensive matter on public roads, etc

Power of servants of the Nagar Panchayat or of the Council

Water supply and drainage system

Supply of drinking water

Removal of latrines, etc., near any source of water supply

Owner or occupier to take steps to prevent spread of infectious disease

Unauthorised construction or tree over drain or water-works

Burial and burning ground for disposal of corpses

Powers in respect of burial and burning places

Burial of paupers and unclaimed dead bodies

Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased

Markets and slaughter houses

Establishment of markets

Power to remove persons from municipal market

Places for slaughter of animals for sale

Inspection before and after slaughter

Licencing of butcher

Nuisances from certain trades, professions, etc.

Regulation of offensive trades

Certain offensive and dangerous trades not to be established within the limits to be fixed by the municipality without licence

Cinemas, dramatic performances, circuses, etc

Cancellation, revocation, etc., of licences

Publication of order of refusal, suspension of licences

Power to close market, tea-stall, etc

Infectious or contagious diseases

Penalty for failure to give information of cholera

Disinfection of building and articles

Penalty for letting infected house

Power of entry for purpose of preventing spread of disease

Removal to hospital of patients suffering from infectious disease

Park, playground and open space

Municipality to provide places for recreation

Function and powers in regard to pounds

PROCEDURE

Service of notice

Reasonable time for act to be fixed

Service of notice on owner or occupier of land

Procedure when owners or occupiers are required by Nagar Panchayat or the Council to execute works

Person required to execute any work may prefer objection to the municipality

Procedure if person objecting alleges that work will cost more than three thousand rupees

Chairperson, Vice-Chairperson to make order after hearing objection

Power of municipality on failure of persons to execute works

Power to apportion expenses among owners and occupiers

Apportionment among owners and occupiers

Occupiers may recover cost of works executed at their expenses from owners

Power to enter upon, possession of houses so repaired

Sale of materials of houses pulled down

Offences under the Act compoundable

Power and duties of police in respect of offences

Appeals from order refusing licences

Appeals from orders in other cases

Appeal not to be dismissed without giving reasonable opportunity

Dispute as to compensation payable by municipality

Bar of suits in absence of notice

CONTROL

Control by Deputy Commissioner

Power to suspend action under the Act

Powers of Deputy Commissioner in case of emergency

Power to dissolve Nagar Panchayat or Council in certain cases

Consequence of dissolution

Decision of disputes between local authorities

RULES AND BYE-LAWS

Powers of State Government to make rules

Power of municipality to frame bye-laws

Additional power to frame bye-laws in hill areas

Confirmation of bye-laws

Publication of bye-laws

MISCELLANEOUS

Validity of acts and proceedings

Petition for challenging election

Power to make rules for election and election petition

Bar of jurisdiction of Civil Courts in election matters

Election to the municipalities

Electoral roll for a municipal area

Conditions for registration as a voter

Power to remove difficulties

Overriding effect of the provisions of the Act

Mode of proof of municipal record and fee for certified copy

Restriction on the summoning of municipal servants to produce documents

Penalty for violating the provision of this Act

Public servants

District Planning Committee

Committee for Metropolitan Planning

Delegation of powers of State Government

Repeal of Manipur Act 26 of 1976 and saving

Repeal and saving