MANIPUR MUNICIPALITIES ACT, 1994
[Act No. 43 of 1994]
Dated the 8th July, 1994
To provide for constitution and organization of municipalities in the Urban areas of Manipur and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-
(1) This Act, may be called the Manipur Municipalities Act, 1994.
(2) It extends to the whole of the State of Manipur except the Hill Areas to which the Manipur (Hill Areas) District Council Act, 1971 (Manipur Act 76 of 1971) extends or any area which is included in a Cantonment under the Cantonment Act, 1924 (2 of 1924).
(3) It shall be deemed to have come
In this Act, unless the context otherwise requires:-
(1) "Adhyaksha" means an Adhyaksha of a Zilla Parishad elected under the provisions of the Manipur Panchayati Raj Act, 1994 (26 of 1994).
(2) "Building" means a house, out house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood,
(1) The Governor shall, by notification, constitute:
(a) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area.
(b) a Municipal Council for a smaller urban area.
(c) a Municipal Corporation for a larger urban area
(1) When a local area is excluded from a municipality by a notification under sub-section (1) of Section 3 and is included in the other local authority the Government shall frame a scheme determining what portion of the balance of the municipal fund and all other property vested in that municipality, shall, on such exclusion, vest:-
(i) when such area is included within the limits of any other local authority in such authority.
Every municipality shall cause to be erected and set up and maintain boundary marks defining the limits of the area subject to its authority as set out by the notification.
A Nagar Panchayat shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall sue and be sued in its name.
(1) Every Nagar Panchayat shall consist of such number of Councillors as may be fixed by the Government from time to time by notification.
(2) Save as otherwise provided in sub-section (3), all the seats in a Nagar Panchayat shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the municipal area of Nagar Panchayat.
The provisions of Sections 17, 19 and 20 of this Act relating to Council shall also apply in case of Nagar Panchayat.
For every Nagar Panchayat there shall be a Chairperson and a Vice- Chairperson.
(1) Save as otherwise provided in the Act, the Councillors at the first meeting of the Nagar Panchayat to be called at the instance of the Deputy Commissioner after a General Election shall elect one of them to be the Chairperson in accordance with the rules made in this behalf.
(2) An election under sub-section (1) shall take place:
(a) within twenty-one
(1) The Chairperson may resign his office by writing under his hand addressed to the Executive Officer.
(2) The Vice-Chairperson or a Councillor may resign his office by writing under his hand addressed to the Chairperson, who shall forward it to the Executive Officer.
(3) The resignation under sub-sectio
The Chairperson or Vice-Chairperson or any other Councillor of Nagar Panchayat may be granted by that Nagar Panchayat such remuneration or such allowance as may be prescribed
A Municipal Council shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall sue and be sued in its name.
Except as otherwise provided in this Act, the municipal administration of a municipality shall vest in the Councilor the Nagar Panchayat, as the case may be.
(1) Every Council shall consist of such number of councillors as may be fixed by the State Government from time to time by notification.
(2) Save as provided in sub-section (3), all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the municipal area.
(3) The State G
(1) In respect of a municipality having population of three lakhs or more there shall be constituted by the State Government, by order, such number of Wards Committees as may be determined by it, so however, that each Wards Committee shall consist of not less than five wards:
Provided that in constituting Wards Committees, the State Government shall maintain geographical contiguity as far as possible.
(1) In every municipality, out of the total strength of elected members determined under Section 15, the State Government shall subject to such rules as may be prescribed, by notification, reserve:-
(i) such number of seats to the Scheduled Castes and the Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of
The State Government shall carry out the determination of the boundaries of the wards in a municipality and the allocation of seats reserved in favour of the Scheduled Castes, the Scheduled Tribes and women among the wards in the prescribed manner.
(1) A person shall be disqualified for being chosen as and for being, a member of a municipality:-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Manipur Legislative Assembly:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he ha
(1) Every person who is elected or appointed as a Councillor of a municipality shall, before entering upon his office under this Act, make and subscribe before such authority as may be prescribed for the purpose, an oath or affirmation of his allegiance to the Constitution of India in the prescribed form.
(2) Any person, having been elected, or appointed as a Councillor fails to make and subscribe, within three months from the date of th
The State Government shall appoint a person as an administrator to exercise the powers and perform the duties and functions of a municipality until a municipality is constituted for such area under this Act:
Provided that the period of such appointment shall not exceed six months:
Provided further that an administrator appointed under the provisions of the
(1) Every municipality, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its first meeting after a general election at which a quorum is present and no longer:
Provided that a municipality which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration, unless sooner dissolved by a resolution passed to that effect by the Legislative A
For every Council, there shall be a Chairperson and a Vice-Chairperson.
(1) Save as otherwise provided in this Act, the Councillors at the first meeting of the Council to be called at the instance of the Deputy Commissioner after a general election shall elect one of them to be the Chairperson in accordance with rules made in this behalf.
(2) Such election shall take place within twenty-one days from the date of notification of the result under Section 22 and in the case of vacancy in the office of the Chair
The Councillors shall, either at the meeting-mentioned in sub-section (1) of Section 24 or at subsequent meeting elect one among themselves other than the Chairperson elected under sub-section (1) of Section 24 to be the Vice-Chairperson.
When a Councillor who holds the office of Chairperson or the Vice-Chairperson ceases, for any reason whatsoever to be a Councillor, he shall, at the same time, cease to hold office of the Chairperson or the Vice-Chairperson, as the case may be.
If any Councillor is by reason of his death, resignation or removal or otherwise, is unable to complete his full-term of office, the vacancy so caused shall be filled up by election or appointment, as the case maybe, of a person under the provisions· of this Act and the person so elected or appointed shall hold office for the unexpired term of his predecessor:-
Provided that no election for filling up a casual vacancy shall be held if th
(1) The Chairperson may resign his office by writing a letter of resignation addressed to the Vice- Chairperson, who shall forthwith deliver the letter to the Executive Officer.
(2) The Vice-Chairperson or a Councillor may resign his office by writing a letter of resignation addressed to the Chairperson, who shall forthwith deliver the letter to the Executive Officer.
(1) The State Government may remove any elected Councillor on the ground of his misconduct in the discharge of his duties if the removal is recommended by a resolution of the municipality passed at a special meeting called for the purpose and supported by a majority of the total number of Councillors of the municipality and by a majority of not less than two-third of Councillors present and voting in such a meeting.
(2) The State Governm
No Councillor of a Nagar Panchayat or a Council who has been removed from his office under sub-section (1) or under clause (b), (c), (d) or (e) of sub-section (2) of Section 29 shall be eligible for election or re-election as a Councillor for such period as may be prescribed.
(1) The State Government may remove by a notification in the Official Gazette, from office the Chairperson or the Vice-Chairperson, in pursuance of a resolution passed by a majority of the total number of the Councillors and supported by not less than two-third of the Councillors present and voting at a meeting specially convened for the purpose under sub-section (2).
(2) For the purposes of sub-section (1) a meeting of the Nagar Panchay
(1) The Nagar Panchayat or the Council, as the case may be, may, from time to time, grant such leave of absence to the Chairperson or the Vice-Chairperson as it may deem fit.
(2) If a Chairperson or a Vice-Chairperson remains absent from office owing to illness or any other cause for a period exceeding three months without the leave of the Nagar Panchayat or the Council, as the case may be, he shall cease to be Chairperson or Vice-Chairp
It shall be the function of the Chairperson:
(a) to preside, unless prevented by reasonable cause, over all meetings of the Nagar Panchayat or the Council, as the case may be and subject to the provisions of the bye-laws for the time being in force, to regulate the conduct of business at such meetings.
(b) to watch over the financial and executive administ
It shall be the function of the Vice-Chairperson:-
(a) in the absence of the Chairperson and unless prevented by reasonable cause, to preside over the meetings of the Nagar Panchayat or the Council, as the case may be, and he shall, when so presiding, exercise the same authority as is vested in the Chairperson under clause (a) of Section 33.
(b) pending the election of a
The Chairperson, the Vice-Chairperson or any other Councillor of a Council may be granted by the Council such remuneration or such allowance as may be prescribed:
Provided that the expenditure to be incurred under this section shall without prejudice to the provisions of Section 71, be paid out of the Municipal Fund.
(1) The State Government as and when it considers expedient may, by notification, entrust:-
(a) the municipalities with the function of:-
(i) the preparation of plans for economic development and social justice.
(ii) the performance of functions and the implementation of sch
It shall be the duty of every municipality to make reasonable provision for the following matters within the municipality under its jurisdiction, namely:-
(a) lighting public roads and places.
(b) watering public roads and places.
(c) cleaning public roads, places and sewers
Subject to such reasonable provisions as may be made under Section 37 every municipality shall make reasonable provision for the following special matters, namely:-
(a) providing special medical aid and accommodation for the sick in times of a dangerous disease and taking such measures as may be required to prevent the outbreak or suppress and prevent the recurrence of the disease.
A municipality may, at its discretion, provide out of the municipal property and fund, either wholly or partly, for:-
(a) laying out, whether in areas previously built upon or not, new public roads and acquiring land for the purpose, including land acquired for the construction of buildings for cartilages thereof, to about on such roads.
(b) constructing,
The management, control and administration of every public institution exclusively maintained out of the municipal property and fund shall vest in the municipality by which it is so maintained.
(1) There shall be an Executive Officer of every Nagar Panchayat or Council, as the case may be, who shall also function as Secretary to the Nagar Panchayat or Council, as the case may be and all other officers and employees of the Nagar Panchayat or Council, as the case may be, shall be subordinate to him.
(2) A Nagar Panchayat or Council, as the case may be, shall appoint an Executive Officer with the concurrence of the State Governmen
The Executive Officer shall:-
(a) subject to the general control of the Chairperson, watch over the financial and executive administration of the Nagar Panchayat or Council, as the case may be, and perform all the duties and exercise all the powers imposed or conferred upon him, by pr delegated to him under this Act and rules and bye-laws framed thereunder.
(1) Every Nagar Panchayat or Council, as the case may be, shall have a Health Officer, a Revenue Officer and an Engineer for the efficient discharge of its functions and duties.
(2) The Nagar Panchayat or Council, as the case may be, shall appoint a Health Officer, a Revenue Officer and the Engineer with the concurrence of the State Government
(1) Except as provided in Sections 41 and 43 and subject to the approval of the State Government, a Nagar Panchayat or a Council may, by a special resolution determine the category and strength of employees required by it, for discharge of its functions and duties.
(2) Notwithstanding anything contained in Section 71, the expenditure incurred on the establishment of Nagar Panchayat or a Council shall be paid out of the Municipal Fund.
Subject to the provisions contained in Sections 41 and 43 a Nagar Panchayat or a Council shall have power to appoint its officers and employees:
Provided that the Chairperson may fill up such non-technical posts in the Grades III and IV in such manner as may be laid down in bye-laws framed in this behalf.
(1) An employee of a Nagar Panchayat or a Council who is aggrieved by an order of the Chairperson in a disciplinary proceeding against him shall have right to appeal to the Nagar Panchayat or the Council within thirty days from the date of service of such order on him.
(2) An employee who is aggrieved by an order of the Nagar Panchayat or the Council may prefer an appeal to the State Government against such an order within sixty days fro
The rules relating to gratuities and pensions applicable to the employees of the State Government shall apply to the employees of the Nagar Panchayat or, as the case may be, the Council and shall be paid out of the Fund of the Nagar Panchayat or, as the case may be, of the Council.
The State Government may make rules regarding the appointment, salaries, condition of services, powers, duties and functions of the Executive Officer, other officers and employees of the Nagar Panchayat or the Council and other relevant matters connected thereof:
Provided that no disciplinary action shall be taken against the Executive Officer except with the approval of the State Government.
(1) There shall be at least one meeting of the Nagar Panchayat or the Council for transaction of its business in every month to be held on such date as is fixed by the Nagar Panchayat or the Council at a special meeting convened for the purpose, at the municipal office, if any, or other convenient place of which notice has been duly given.
(2) If there be no business to be laid before the Nagar Panchayat or the Council at any monthly mee
If at a meeting neither the Chairperson nor the Vice-Chairperson is present, the Councillors present shall elect one of them to preside over the meeting and such Councillor shall perform all the duties and exercise all the powers of the Chairperson of Nagar Panchayat or a Council when presiding over a meeting:
Provided that no candidate for election to the office of the Chairperson or the Vice-Chairperson shall preside at such election.
Save as otherwise expressly provided in or under this Act, all questions brought before any meeting of the Nagar Panchayat or of the Councilor of any of its committees shall be decided by a majority of votes of the Councillors present and voting and in the case of equality of votes, on any question the persons presiding shall have a second or casting vote:
Provided that at the election:-
(1) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors of a Nagar Panchayat, or a Council be present:
Provided that in cases where the total number of Councillors of a Nagar Panchayat or a Council is not divisible by three, the total number shall be increase by such minimum number as to make the total number divisible by three.
(1) Minutes of the proceedings of each meeting of a Nagar Panchayat or of a Councilor any of its Committee shall be recorded in a book to be kept for the purpose separately for the Nagar Panchayat or the Council and for each of its COp1mittees and shall be signed by the persons who presided over the meeting.
(2) The minutes of the meeting of a Nagar Panchayat or of a Council shall at all reasonable times and without charge, be open to in
No resolution of a Nagar Panchayat or of a Council shall be modified or cancelled except by a resolution supported by not less than two-thirds of the total number of Councillors and passed at a meeting whereof notice shall be given setting forth fully the proposed resolution to modify or cancel at such meeting and the motion of proposition for modification or cancellation of such resolution.
The Deputy Commissioner, the Director and such other officers as the State Government may, by general or special order specify in this behalf, shall be entitled to attend any meeting of a Nagar Panchayat or of a Council within their jurisdiction, address it on any matter affecting the work of their department and take part in the meetings thereof, but shall not have the right to vote.
(1) The Nagar Panchayat or the Council at a meeting may appoint, from time to time, committees to be called "Standing Committee" to assist it in the discharge of any specific duties devolved upon it under this Act, within the whole or any portion of the municipality and may delegate to any such committee all or any of its powers which may be necessary for the purpose of rendering such assistance, or withdraw all or any such powers, so delegated.
(1) The Chairperson of the Nagar Panchayat or of the Council, as the case may be, if he is a member of any committee, shall be ex-officio, Chairperson, thereof.
(2) The Vice-Chairperson of the Nagar Panchayat or of the Council, as the case may be, if appointed a member of any committee of which the Chairperson is not a member, shall be ex officio Chairperson thereof.
Every Chairperson, Vice-Chairperson, Councillor, officer or employees of a Nagar Panchayat or of a Council including a Government servant whose services are lent to the Nagar Panchayat or to the Council, shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the Nagar Panchayat or the Council, if such loss, waste or misapplication is a direct consequence of any illegal act, omission, neglect or misconduct on his part and a suit for compensation may be instituted against him in any Court of competent jurisdiction by the Nagar Panchayat or by the Council, as the case may be.
No Councillor of a Nagar Panchayat or of a Council shall have without the written permission of the State Government, directly or indirectly, any share or interest in any contract, lease, sale or purchase of land or any agreement for the same or any kind whatsoever to which the Nagar Panchayat or Council is a party, or shall hold any office of profit under it, and if any Councillor shall have such share or interest or shall hold such office he shall thereby become disqualified to continue in office as a Councillor:
In a Nagar Panchayat or in a Council:-
(a) subject to the proviso to Section 59 any Councillor who acquires, directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of a Nagar Panchayat or a Council of which he is a Councillor.
(b) any executive officer or employee who acquires directly or indirectly any shar
No Councillor of a Nagar Panchayat or of a Councilor no member of a committee shall vote or take part in the discussion of any question at a meeting of the Nagar Panchayat or of a Councilor committee if the question is one in which he has direct or indirect pecuniary interest.
(1) All property within the municipality, other than private property or property maintained by the Government or other local authority, shall vest in the Nagar Panchayat or the Council, as the case may be, and shall, with all other property of whatever nature and kind which may become vested in the Nagar Panchayat or the Council, as the case may be, be under its direction, management and control, unless the State Government otherwise directs by notification, namely:
Notwithstanding anything contained in Section 6 or 13, no Nagar Panchayat or the Council, as the case may be, shall transfer any immovable property except in pursuance of a resolution passed at a meeting thereof by a majority of not less than two-third of its members and except when it is not required for local public purposes:
Provided that in the case of property which has been transferred to it by the State Government the transfer und
(1) The Nagar Panchayat or the Council, as the case may be, may enter into any contract necessary for the purposes of this Act.
(2) Every contract made by or on behalf of the Nagar Panchayat or the Council, as the case may be, in respect of any sum exceeding ten thousand rupees shall be sanctioned by the Nagar Panchayat or the Council, as the case may be, at a meeting and shall be in writing and shall be signed by at least two Councillor
(1) The Nagar Panchayat or the Council at a meeting may agree with the person in whom the properly in any road, bridge, tank, ghat, well, channel, or drain, vests to take over the property therein or the control thereof, and after such agreement may declare by notice in writing put up thereon or near thereto that such roads, bridge, tank, ghat, well, channel or drain has been transferred to the Nagar Panchayat or the Council, as the case may be.
When any land, whether within or without the limits of a municipality is required for the purposes of this Act, the State Government may, at the request of the Nagar Panchayat or the Council, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (1 of 1894) and on payment by the Nagar Panchayat or the Council, as the case may be, of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Nagar Panchayat or the Council, as the case may be.
(1) There shall be formed for each Nagar Panchayat and for each Council a municipal fund to be called the "Municipal Fund" and it shall be held by the Nagar Panchayat or by the Council, as the case may be, for the purposes of this Act and subject to the provisions thereof.
(2) The Municipal Fund shall vest in the Nagar Panchayat or the Council, as the case may be.
(1) There shall be credited to the municipal fund:-
(a) all sums received by or on behalf of the Nagar Panchayat or the Council under the provisions of this Act or of any other law for the time being in force or under any contract.
(b) the balance, if any, standing at the credit of the Nagar Panchayat or the Council at the commencement of this Act.
(1) A Nagar Panchayat or a Council may, with the previous sanction of the State Government and subject to such conditions as may be prescribed as to security, the rate of interest and the repayment of principal and interest, borrow either from the State Government or any financial institution, any sum of money required or empowered to undertake under the provisions of this Act.
(2) Nothing contained in sub-section (1) or the rules made thereunder shall
(1) All property vested in a Nagar Panchayat or in a Council under this Act, all funds received by it in accordance with the provisions of this Act and all sums accruing to under the provisions of any law for the time being in force shall, subject to the provisions of this Act, be applied for the purposes of this Act, within the limits of the municipality.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for
(1) A Nagar Panchayat or a Council at a meeting specially convened for the purpose, two months before the close of the financial year, shall prepare in such form and manner as may be prescribed, a budget showing inter-alia the probable receipts and expenditure during the ensuing year and after such revision as may appear requisite it shall pass the budget and such budget shall be submitted to the Director for obtaining approval of the State Government:
(1) Every municipality shall maintain such accounts for every financial year in such forms as may be prescribed and submit such statement to the Deputy Commissioner, the Director and the State Government and such accounts shall be audited by the Director, Local Fund Audit and Accounts of the Government of Manipur in such manner as may be prescribed.
(2) The municipality shall comply with such directions as the State Government may deem f
(1) The State Finance Commission constituted under Section 97 of the Manipur Panchayati Raj Act, 1994 (26 of 1994), shall also review the financial position of the municipalities and make recommendations to the Governor as to:-
(a) the principles which should govern:-
(i) the distribution between the State and the municipalities of the net proceeds of the
The State Government may, from time to time, by notification in the Official Gazette:-
(a) authorize a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits to be prescribed by it.
(b) assign to a municipality such taxes, duties, tolls and fees levied and collected by t
(1) Subject to the provisions of this Chapter and with the previous approval of the State Government, municipality may, from time to time, impose in the whole or in any part of the municipality any of the following taxes and tolls, namely:-
(a) a tax on holding situated within the municipality assessed on their annual value, payable by the owner of the building or land or both.
Notwithstanding any provisions to the contrary all municipal taxes including services charges except under clause (a) of sub-section (1) of Section 75 in respect of Government holdings shall be payable to municipality by the Government Department which is in control and management of the holdings.
The State Government shall have the power to exempt by an order published in the Official Gazette any class of building or holding from levying any tax under Section 75 of this Act.
All the taxes mentioned in Section 75 shall be collected in the manner provided in the bye-laws.
When it has been decided to impose any tax on the annual value of holdings, the assessor after making such enquiries as may be necessary, shall determine the valuation of all holdings within the municipality as hereinafter provided, and shall enter the same in a list called the valuation list, which shall be in the prescribed form:
Provided that valuation other than general valuation may be made by the municipality through such person as may be authori
The assessor, in order to prepare the valuation list, may whenever he thinks fit, by notice require the owners or occupiers of all holdings to furnish him, within fifteen days with returns of the rent or annual value thereof and a description of the holdings in such detail as the municipality may direct; and the assessor, at any time between sunrise and sunset may enter, inspect and measure any such holdings:
Provided that at least forty-eight hours, p
(1) Whoever refuses or fails to furnish any such return for the period of fifteen days from the day on which he has been required to do so, or knowingly furnishes a false or incorrect return or description shall be punishable with fine not exceeding five hundred rupees and with further fine not exceeding fifty rupees for each day during which he omits to furnish a true and correct return.
(2) Whoever obstructs, hinders or prevents the assessor appointe
Annual value means:-
(a) in the case of hotels, colleges, schools, hospitals, factories and such other buildings, a proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building, less depreciation at the rate to be fixed by rule to the estimated value of the land appurtenant thereto.
The mode of procedure and system of tax on the land and holdings will be such as may be prescribed by the rules to be framed by Government from time to time in this behalf.
As soon as possible after the percentage at which the tax is to be levied shall have been determined under Section 83, the municipality shall cause to be prepared an assessment register which shall contain the following particulars, and any other matters which the municipality may think proper to include:-
(a) number of the holding on the register with the name of the road, if any in which the holding is situated.
(1) If any building belongs to one owner and the land on which it stands and any adjacent land which is usually occupied therewith belongs to another the municipality may value such building and land together and may impose thereon one consolidated tax.
(2) The total amount of the tax shall be payable by the owners of the building, who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the
(1) The municipality may, at any time, direct an alteration in, or amendment of the assessment register:-
(a) by entering therein the name of any person or any property which in its opinion ought to have been entered, or any property which has become liable to taxation after the preparation of the assessment register.
(b) by substituting therein with effec
(1) Whenever the title to any holding is transferred both the transferor and the transferee shall for the purpose of clause (b) of sub-section (1) of Section 86 within three months after the execution of the instrument of transfer, or if no such instrument is executed, within three months after the transfer is effected, give notice in writing of such transfer to the municipality.
(2) In the event of the death of the person in whom such t
(1) A new valuation list shall, unless otherwise ordered by the State Government, be prepared in the same manner as the original list, once in every five years.
(2) Subject to any alteration or amendment made under Section 86 and to the result of any application made under Section 95 every valuation list or the assessment register shall be valid from the date on which the list or register takes effect in the municipality.
(1) The municipality, for the purpose of general valuation may, with the concurrence of the Government, appoint an assessor who shall neither be an employee nor a Councillor of the municipality on such pay and with such establishment as it may determine.
(2) Notwithstanding anything contained in Section 88 if at any time it appears to the State Government that the valuation in any municipality is insufficient, excessive or inequitable, the State Govern
Whenever the valuation list is revised or altered wholly or in part or a new percentage is fixed under Section 83 the assessment register also shall be revised and all consequential changes, made therein.
The first assessment register prepared for any municipality under the Act and any revision thereof or alteration therein made under the foregoing section shall subject to the provision of Sections 86 and 96 take effect, from the beginning of the quarter following the publication of notice mentioned in Sections 96.
(1) The taxes mentioned in clauses (a), (g) and (l) of sub-section (1) of Section 75 shall not be assessed or levied on any building which is used exclusively as a place of public worship, or on any holding which is duly registered as a public burial or burning ground under this Act.
(2) The municipality may exempt from assessment of the tax mentioned in clause (a) of sub-section (1) of Section 75 on any holding used for the purpose of a
An assessor appointed by the municipality under Section 89 shall exercise all such powers of valuation as may be vested in him by the municipality or as may be prescribed.
(1) When the valuation list mentioned in Section 79 and the assessment register mentioned in Section 84 shall have been prepared or revised the Chairperson shall sign the same and shall cause them to be deposited in the office of the Nagar Panchayat or as the case may be, of the Council and shall cause a notice to be published in such form and manner as may be prescribed.
(2) In all cases in which any property is for the first time assessed or the asse
(1) Any person who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding or who disputes his occupation of any holding or his liability to be assessed, may apply to the municipality to review the amount of assessment of valuation or to exempt him from the assessment of tax:
Provided that no application shall be entertained unless the applicant has paid all arrears of dues to the municipality
(1) Every application presented under Section 95 shall be heard and determined by a Committee consisting of not more than five members.
(2) The Chairperson or the Vice-Chairperson shall be one of the members of such committee ex-officio and the other members shall be appointed from among the Councillors by the Nagar Panchayat or, as the case may be, by the Council:
Unless good cause shall be shown to the satisfaction of the committee referred to in Section 96 for extending the time allowed, and save as is otherwise expressly provided in this Act, no such application shall be received after the expiry of one month from the date of publication of the notice required by Section 94 relating to the list or register containing the assessment, in respect of which the application is made, or after the expiry of fifteen days from the date of service of the first notice of demand for payme
No objection shall be taken to any assessment or valuation in any other manner than is provided in this Act.
No assessment· of tax on property and no charge or demand of any tax made under authority of this Act shall be invalid for error, defect in form, and it shall be enough in any valuation or assessment for purpose if the property so valued or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.
The various procedure that may be prescribed by the Government from time to time will be followed for imposing and recovery of tax, tolls, fees and rates under this Act.
If any tax payable under this Act by the owner of any holding remains unpaid after the notice of demand has been duly served, and if such owner is not resident within the municipality, or the place of abode of such owner is unknown, the tax may be recovered from the occupier for the time being of such holding, who may deduct, from the next and following payments of his rent the amount which may be so paid by or recovered from him:
Provided that if any
If any holding is occupied by more than one tenant holding severally it shall be lawful for the municipality, to recover from the owner of such holding, any taxes payable under this Act by the occupier of the holding.
Whenever any tax shall be recovered from any owner of any holding under the provisions of Section 102, it shall be lawful for such owner, if there shall be but one occupying tenant of such entire holding, to recover from such tenant of the entire amount of the tax which shall have been so paid by such owner, and if there shall be one occupying tenant of a part of such holding, or more than one occupying tenant of such holding then to recover from each tenant such sum as shall bear to the entire amount of tax which may have been so recovered from such owner at the same proportion as the value of the proportion of such holding in the occupation of each tenant bears to the entire value of such holding.
Every owner who under provisions of Section 102 may be entitled to recover any sum from any occupying tenant of any holding or of any portion thereof, shall have for the recovery of such sum all such and the same remedies, powers, rights and authorities as if such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occupation of such tenant.
Whoever keeps or is in possession of any cart, carriage or animal without the licence as required under this Act shall be liable to a fine not exceeding four times the fee payable by him in respect of such licence, in addition to the licence fee due.
The municipality, may compound for any period not exceeding one year, with livery stable-keepers and other persons keeping carts, carriages or animals for hire, for a certain sum to be paid for the carts, carriages or animal so kept by such person in lieu of the licence fees specified in any order made by the municipality.
(1) The municipality may use its own land or building, or purchase, take on lease or otherwise acquire any land or building for the purpose of establishing a municipal market or improving any existing municipal market.
(2) The municipality may levy rents, tolls and fees at such rates as it may think proper for the right to expose goods for sale in a municipal market and for the use of shops, stalls and standings therein and may also reg
(1) Where any sum is due on account of a tax, other than octroi or tolls or any similar tax payable upon immediate demand, from a person to a municipality, the municipality may, without prejudice to any other mode of recovery provided in this Act apply to the Deputy Commissioner to recover such sum together with costs of proceedings incurred in that behalf.
(2) The Deputy Commissioner, on being satisfied that the sum mentioned in the application under
(1) If money be due under this Act in respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable under this Act, if the owner of such holding or his whereabouts are unknown or the ownership thereof is disputed or when the owner lives outside the municipality and has failed to pay it in spite of service of demand notice twice, the municipality may publish twice, at an interval of three months, a notification of sale of such holding and after the expiry of not less than three m
The irrecoverable sum due to a Nagar Panchayat, or as the case may be, to a Council may be written off in such manner and by such authority as may be prescribed.
(1) A Nagar Panchayat or as case may be, a Council may:-
(a) layout or make new public road.
(b) widen, open, enlarge or otherwise improve any public road and construct tunnels and other works subsidiary to such road.
(c) divert, discontinue or close permanently any public
(1) Where a Nagar Panchayat or a Council considers that in any road not being a public road, or in any part of such road within the municipality, it is necessary for the public health, convenience or safety that any work should be done for the leveling, paving, metalling, flagging, channeling, draining, lighting or cleaning thereof, the Nagar Panchayat or as the case may be, the Council may, by written notice, require the owner or owners of the several lands or build
(1) The Nagar Panchayat or as the case may be, the Council may, by public notice prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or part of any such road.
(2) Any person who disobeys an order passed by the Nagar Panchayat or as the case may be, the Council under the provisions of sub-section (1) shall be punishable with fine not
Any person, who without the permission of the Nagar Panchayat or of the Council:-
(a) encroaches upon any public road or house-gully or upon any public drain, sewer, aqueduct, water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or other obstruction, or by deposing any movable property thereon.
(b) takes up or alters
(1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, no itinerant vendor or any other person shall use or occupy any public road or place for the sale of articles or for the exercise of any calling, or for setting up any booth or stall without the permission of the Nagar Panchayat or of the Council.
(2) Whoever violate the provision of sub-section (1) shall be punisha
The Nagar Panchayat or as the case may be, the Council may, notwithstanding any proceedings which may have been started against him under this Act, issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected or stacked, on any part of a public road, house-gully, public drain, sewer, aqueduct, watercourse, ghat or any land vested in the Nagar Panchayat or in the Council and, if such person fails to comply with such requisition within forty-eight hours of the receipt of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panc
(1) If the person who built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred to in the preceding section is not known or cannot be found, the Nagar Panchayat or as the case may be, the Council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or other obstruction or encroachment requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.
(1) The Nagar Panchayat or as the case may be, the Council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches i
Notwithstanding anything contained in Sections 116 and 118, a District Magistrate or a Sub-Divisional Magistrate shall, on being so required by the Government, order any person responsible for any obstruction or encroachment or projection as specified in Sections 116 and 118 to remove or alter such obstruction or encroachment or projection within a period of not less than forty-eight hours and on non-compliance the District Magistrate or the Sub-Divisional Magistrate as the case may be, shall remove such obstruction o
Every order made by a Sub-Divisional Magistrate or a District Magistrate as the case may be, under Section 116, 117, 118, 119 shall be deemed to be an order made by him in the discharge of his judicial duty and the Nagar Panchayat or as the case may be, the Council shall be deemed to be person bound to execute such order within the meaning of the Judicial Officers Protection Act, 1850 (Act XVII of 1850).
The Nagar Panchayat or as the case may be, the Council may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any trees or bamboos thereon overhanging the public road, drain or tank, or any well used for drinking purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or drain or any property of the Nagar Panchayat or of the Councilor likely to cause damage to p
Whoever, being the owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, the Council under the provisions of Section 116, 117, 118, 119 shall be punishable with fine not exceeding two thousand rupees, and with a further fine not exceeding one hundred rupees for every day during which the default is continued after the first conviction.
(1) The Nagar Panchayat or as the case may be, the Council may cause a name to be given to any public road and to be fixed in such place as it may think fit, and may also cause a number to be affixed to every building, and in like manner may, from time to time, cause such names and numbers to be altered.
(2) Any person who destroys, pulls down, defaces or alters any-name or number put up by the Nagar Panchayat or as the case may be, the Council under
(1) No person shall erect, materially alter or re-erect or commence to erect, materially alter or re-erect any building without the sanction of the Nagar Panchayat or of the Council, as the case may be.
(2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Nagar Panchayat or as the case may be, to the Council of such erection.
In any case in which no bye-laws have been made under this Act the Nagar Panchayat or as the case may be, the Council may, within fourteen days of the receipt of the notice required by sub-section (2) of Section 124, require a person who has given such notice to furnish, within one week of the receipt by him of the requisition, information on all or any of the matters as to which bye-laws might have been made and in such case the notice shall not be valid until such information has been furnished.
(1) Within sixty days after the receipt of the notice, required by sub-section (2) of Section 124, the Nagar Panchayat or as the case may be, the Council may refuse to sanction the building or may sanction it either absolutely or subject to such modification as it may deem fit in respect of all or any of the matters specified in bye-laws and the person erecting, materially altering or re-erecting any such building as aforesaid shall comply with the sanction of the Nagar Panchayat or as the case may be, the Council as
A permission to erect, materially alter or re-erect building granted under this Chapter or deemed to have been given by the Nagar Panchayat or as the case may be, the Council, shall unless it is renewed on an application made to the Nagar Panchayat or the Council for this purpose continue only for one year after the date on which it is granted.
Whoever erects, materially alters or re-erects or commences to erect, materially alter or re-erect any building without the previous sanction of the Nagar Panchayat or as the case may be, the Councilor in contravention of any directions given by the Nagar Panchayat or as the case may be, the Council granting sanction under Section 123 shall be liable to a fine not exceeding one thousand rupees for every such offence and to a further fine not exceeding two hundred rupees for each day during which the offence is continued after his first conviction.
(1) If the construction of a building is started, or if a building is materially altered or erected:-
(a) without sanction as required by Section 126 (1).
(b) without notice as required by Section 124 (2).
(c) when sanction has been refused.
The Nagar Panchayat or as the case may be, the Council by written notice, may require any person who has made any external roof or wall with thatch mats, leaves or other inflammable materials and in contravention of bye-laws made under Section 209 to remove or alter such roof or wall within a period to be specified in the notice.
The Nagar Panchayat or as the case may be, the Council may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.
(1) If a building, or a room in a building is in the opinion of the Nagar Panchayat or as the case may be, the Council unfit for human habitation in consequence of the want of proper means of drains or ventilation or otherwise, the Nagar Panchayat or as the case may be, the Council may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used whether absolutely or not unless, within a time to be specified in the notice he effects such alterati
(1) A Nagar Panchayat or as the case may be, a Council may require by notice the owner or occupier of any land or building:-
(a) to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary any building, portion of a building, wall or other structure or anything affixed thereto which appears to it to be in ruinous condition or dangerous to inmates if any, passers-by or other
Whenever it appears to the Nagar Panchayat or Council that any building by reason of abandonment or disputed ownership or other cause is undaunted or by reason of having fallen into ruins, affords facilities for the commission of a nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the Nagar Panchayat or the Council may require the owner of such building or the land to which such building is attached, to properly secure the same, or to remove or level such ruins, as the case may require.
Any owner or occupier of a house or land who fails to comply with requisition issued by the Nagar Panchayat or the Council under the provisions of Sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding one thousand rupees and to a further penalty not exceeding two hundred rupees, for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.
Subject to any other provision in this Act as regard compensation, no compensations shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.
The Nagar Panchayat or the Council may, by notice, require the owner or occupier of any land within such time as the Nagar Panchayat or the Council may fix to cut and remove any tree or bamboos or branches thereof, or eradicate and destroy vegetation and undergrowth which may appear to the Nagar Panchayat or the Council to be in-sanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or to be grown, or to be obstruction or likely to
Whenever any land, being private property or within any private enclosure, appears to the Nagar Panchayat or the Council by want of drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities of a surface to afford facilities for the commission of a nuisance, the Nagar Panchayat or the Council may require the owner or the occupier of such land or both within fifteen days, to drain such land or level surface:
(1) The Nagar Panchayat or the Council may require the owner or occupier of any land within eight days or such longer period as the Nagar Panchayat or the Council may fix, either to re-excavate or at his option fill up with suitable material or to cleanse any well, water-course, private tank or pool therein, and to drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood: If any well, tank or other excavation, whether on public or private ground, be for want of sufficient repair or protection, dangerous to passers by the Nagar Panchayat or as the case may be, the Council shall forthwith require by notice such owner or occupier, or both within eight days, properly to secure or protect such well, tank or other excavation; and if after the said period the work is not executed, the Nagar Panchayat or as the case may be, the Council shall cause a temporary hoard or fence to be put for the protection of passers by and recover the expenses so incurred from the owner or occupier or the owners and occupiers of the land on which such tank, well or other excavation is situated. Any owner or occupier of a house or land who fails to comply with a requisition issued by the Nagar Panchayat or the Council under the provisions of Section 137, 138, 139 or 140 shall be punishable with fine not exceeding one thousand rupees, and with a further fine not exceeding two hundred rupees for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.S.141 Penalty for disobeying requisition under Sections 137, 138, 139 and 140
If the Director of Medical Health and Family Planning Services, Public Health Officer of the Government or Health Officer of the municipality or such other Medical Officer of the Medical Department of Manipur as may be prescribed, certifies that the cultivation of any description of crops, or the use of any kind of manure, or the irrigation of land in any specified manner:-
(a) in any place within the limit of the municipality, is injur
The municipality may provide and maintain in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleansed.
(1) If any person, without the written permission of the municipality first obtained, marks or causes to be made, or alters or causes to be altered, any drain leading into any sewer, drain, water-course, road or land vested in the municipality, the municipality may cause such branch drain to be demolished, altered, made or otherwise dealt with as it may deem fit, and the expenses thereby incurred shall be paid by such person, making or altering such branch drain.
Whoever causes or allows the water of any sink, sewer, latrine, urinal, cesspool or any other offensive matter belonging to him or being on his land to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, drain or be thrown into a surface drain near any public road shall be liable to a fine not exceeding two hundred rupees and a daily fine not exceeding fifty rupees during which the offence is continued.
If any land, near a sewer, drain or other outlet into which such land may, in the opinion of the Nagar Panchayat or as the case may be, the Council, be drained, is not drained to the satisfaction of the Nagar Panchayat or as the case may be, of the Council, it may require the owner within one month to drain the said land into such sewer, drain or outlet.
Any person who fails to comply with a requisition issued by the Nagar Panchayat or, as the case may be, by the Council under the provision of Section 146 shall be liable for every such offence, to a fine not exceeding two hundred rupees and a further fine not exceeding fifty rupees for every day during which he shall continue to make such default after service on him of such requisition.
The Nagar Panchayat or, as the case may be, the Council shall provide for the removal:-
(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other property vested in the municipality.
(b) in any municipality wherein a latrine tax has b
A municipality may also introduce a sewerage scheme for removal of sewage by flushing with water through underground closed sewers. When a municipality introduces such a scheme in its area the municipality may, where it is felt necessary, with the approval of the State Government, levy additional latrine and water taxes to meet the cost and maintenance of such scheme.
(1) The municipality may, from time to time, by an order .published in the prescribed manner, appoint the hour within which sewage and offensive matter may be moved, the manner in which the same shall be moved, as also the hours within which only every occupier of any house or land may place rubbish in a receptacle provided by the municipality on or by the side of the public road.
(2) The municipality may provide places convenient for the deposit of s
Any person who places or allows to place rubbish on a public road or in a receptacle provided by the municipality at a time other than the time appointed by the municipality under sub-section (1) of Section 150 shall, for every such offence, be punishable with fine not exceeding five hundred rupees.
Any occupier of a house on or near a public road who keeps or allows to be kept, for more than twenty-four hours, or for more than such shorter time as may be appointed by the municipality, otherwise than in some proper receptable, any house, ashes, sewage or any noxious or offensive matter in or upon such house, or in any out-house, yard or ground attached to and occupied with the house or suffers such receptacle to be in a filthy or noxious state, or neglects to employ means to cleanse the same shall, be punishable with fine not exceeding five hundred rupees.
Any person who, without the permission of the municipality throws or puts, or permits his servants to throw or put any sewage or offensive matter on any public road, or who throws or puts or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter into any drain communicating therewith shall be punishable with fine not exceeding five hundred rupees.
All servants of the Nagar Panchayat, or as the case may be, of the Council employed for the purposes mentioned in Section 163 may, within such hours as may be fixed by the Nagar Panchayat or the Council, enter any premises, of which the occupier or owner is liable to pay latrine tax and do all things necessary for the performance of their duties.
(1) Every Nagar Panchayat or as the case may be, the Council shall provide or arrange for the provision of a sufficient supply of drinking water for the-inhabitants of the areas within its jurisdiction.
(2) Every Nagar Panchayat or as the case may be, the Council shall provide sufficient and regular supply of drinking water fit for human consumption or for domestic purposes within the jurisdiction of the Nagar Panchayat or of the Council.
The municipality may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists as is likely to endanger the purity of water, a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.
In the event of a municipality, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf, the owner or occupier may during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water, is or is likely to be taken for the purpose of drinking and may further take such step as he deems fit to prevent the removal of water therefrom.
(1) Where any road or way has been made or any building, wall or other structure has been erected or any tree has been planted over a public drain culvert or a water-work vested in the municipality, without the permission in writing of the municipality, the municipality may without prejudice to the generality of the other provision of this Act:-
(a) by notice require the person who has made the road, erected the structure or planted the
(1) The municipality may, from time to time, out of the Municipal fund, provide suitable places to be used as burial or burning grounds either within or without the limits of the municipality and may charge such fees on the persons using the places as may be fixed by bye-laws which may be framed in that behalf.
(2) The municipality may, by public notice, order any burial or burning ground situated within municipal limits or any municipa
The municipality may from time to time, out of the Municipal fund, provide for the burial or burning of paupers and unclaimed dead bodies, free of charge, within the limits of the municipality or otherwise arrange to dispose of as it thinks fit.
After the expiration of not less than twenty-four hours from the death of any person, the Nagar Panchayat or as the case may be, Council may cause the corpse of such person to be burnt or buried and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person. In every such case, the corpse shall be disposed of, so far as may be possible in manner consistent with the religious tenets of the deceased.
A municipality may establish and maintain markets at suitable places of the Municipality for the convenience of the people.
If any officer specially empowered in this behalf by the Nagar Panchayat or by the Council is satisfied that any person occupying any stall or space in any municipal market is in unauthorized occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with the previous sanction of the Nagar Panchayat or of the Council, require such person to vacate the stall or space within such time as may be mentioned in the requisition and such person may, in addition to
(1) The Nagar Panchayat or, as the case may be, the Council may, and when required by the Government shall fix places with the approval of the State Government for slaughter of animals for sale, and the Nagar Panchayat or Council may grant and withdraw licence for the use of such premises, or, if they vest in the Nagar Panchayat or Council, may charge rent for fees of the use of the places.
(2) When any such premises have been fixed, no
A Nagar Panchayat or, as the case may be, the Council shall arrange for inspection of the animal by a Veterinary Surgeon or a competent person before the animal is killed and may also arrange for inspection of the meat and organs for the purpose of certification, as may be laid down by bye-laws of the meat for use as food.
No person shall carryon the profession of a butcher except under a licence from the municipality.
(1) If it is shown to the satisfaction of a Nagar Panchayat or of a Council that any building or place within the limits of the Municipality which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to cause a public nuisance, the Nagar Panchayat or the Council may at its option require by notice the owner or occupier of the building or place:-
(1) Within such local limits as may be fixed by the municipality no place shall be used without a licence from the municipality which shall be renewable annually, for any of the following purposes, namely:
(a) melting tallow.
(b) boiling offal or Hood.
(c) skinning or disem
(1) No place within a municipality shall be kept open for the purposes of regular gain or otherwise by means of public cinematographic exhibitions, dramatic performances, circuses, variety shows, or for purposes of public resort for similar recreations or amusements unless a licence has been granted therefor by the municipality, which licence shall be annually renewable and in accordance with such conditions as the municipality, subject to rules, may deem fit to impose:
Subject to the provisions of Section 196, any licence granted under Section 169 by the municipality may, at any time, be suspended or revoked by it, if any of the restriction, limitations or conditions attached to the licence, be evaded or infringed by the grantee or if the grantee be convicted of a breach of any of the provisions of this Act or of any rule or bye-law made thereunder in any matter to which such licence relates or if the grantee has obtained the same by misrepresentation or fraud.
Every order granting, refusing, suspending, revoking, or modifying a licence under Section 169 or Section 170, as the case may be, shall be, in writing, shall state the ground on which it proceeds, shall be published on the notice board of the office of the Nagar Panchayat or the Council and shall also be served on the owner of the premises concerned within fourteen days of the order.
(1) The Nagar Panchayat or, as the case may be, the Council may, with a view to preventing the spread of any infectious or contagious disease, order that for a specified time, any market, tea-stall or restaurant, hotel or lodging-house within the Municipality shall be closed, or forbid any persons to attend any such market, tea- stall or restaurant, hotel or lodging-house.
(2) Such order shall be notified in such manner and at such plac
Whoever:-
(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of cholera, plague, small pox or other infectious disease, that may be notified in this behalf by the Government in any dwelling-house other than a public hospital in the municipality.
(b) being the owner or occupier of such dwelling hou
(1) If the Nagar Panchayat or, as the case may be, the Council is of opinion that the cleansing or disinfecting of a building or any part thereof or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in such notice.
(2) If - (a) within the time sp
Every person knowingly letting a house or other building or part of a house or building in which any person suffering from an infectious or contagious disease, had lived without having such house or other building or part thereof and all articles therein liable to retain infection, disinfected thereafter to the satisfaction of the Nagar Panchayat or the Council, shall be punishable with fine not exceeding two thousand rupees.
Explanatio
The Nagar Panchayat or, as the case may be, the Council may authorize any officer to enter, at any time between sunrise and sunset, after three hours notice into any building or premises in which any infectious or contagious disease is reported or suspected to exist, for the purposes of inspecting such building or premises on the basis of the report of the officer. The Nagar Panchayat or the Council will have the power to declare that a person is suffering from contagious disease and that house is infectious.
In any municipality when any person suffering from any infectious disease is found to be:-
(a) without proper lodging or accommodation.
(b) living in a Serai or other public hostel.
(c) living in a room or house which neither he nor anyone, of whom he is a dependent, either own or pays re
The municipality may provide open spaces, parks, playgrounds, common swimming pools and amenities for the use and enjoyment of the people and may frame bye-laws regulating their use.
Every municipality shall, in regard to the establishment, maintenance and management of pounds, perform such function as may be transferred to it by notification under Section 31 of the Cattle Trespass Act, 1871 (1 of 1871 ) and lease out pound, when so transferred, according to rules framed under this section.
(1) Every notice, bill, form, summons or notice of demand under this Act, may:-
(a) be served personally on or presented to the person to whom the same is addressed.
(b) if it cannot be so served, presented or delivered, be affixed on some conspicuous part of his place of abode or of the land, building or other thing in respect of which the notice, bill,
When any notice under this Act requires any act to be done for which no time is fixed by this Act, the Nagar Panchayat or Council shall fix a reasonable time for doing the same.
When any notice is required to be given to the owner or to the occupier of any land, or both, such notice addressed to the owner or occupier or both, as the case may require, may be served on the occupier of such land, or otherwise in the manner mentioned in Section 180:
Provided that when the owner and his place of abode are known to the Nagar Panchayat or to the Councilor other authorities issuing the notice they shall, if such place
(1) Whenever it is provided in this Act, that the Nagar Panchayat or, the Council may require the owner or the occupiers, of any land or both to execute any work or to do anything, such requisition shall be made, as far as possible, by a notice to be served as provided in Sections 180 and 182 on every owner or occupier who is required to execute such work or to do such thing; but if there be any doubt as to the persons who are owners or occupiers, such requisition may be made by a notice to be affixed or posted upon o
Any person who is required by such requisition to execute any work or to do anything may instead of executing the work or doing the thing required, prefer an objection in writing to the municipality against such requisition within fifteen days of the service of the notice affixing or posting up of the notification containing the requisition, or if the time within which he is required to comply with the requisition be less than fifteen days, then within such less time.
If the objector alleges that the cost of executing the work or of doing the thing required may exceed three thousand rupees, such objection shall be heard and disposed of by the municipality at a meeting, unless the Chairperson or Vice-Chairperson shall certify that such cost may not exceed three thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson and the Vice-Chairperson:
Provided that in any case in which t
The Chairperson or the Vice-Chairperson of the Nagar Panchayat or, the council as the case may be, shall after hearing the objection and making any enquiry which they may deem necessary, record an order withdrawing, modifying, or making absolute the requisition against which the objection is preferred and if such order does not withdraw the requisition it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest time which might have been mentioned in the original requisition under this Act.
If the person or persons required to execute the work or to do the thing fail, within the time specified in any requisition as aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same to the satisfaction of the municipality until it is completed, the municipality or any person authorized by it in that behalf, may, after giving forty-eight hours notice of its intention by a notification to be affixed or posted upon or near the spot, enter upon the land and perform all
(1) Whenever any expenses incurred by the municipality are to be paid by the owners of any land as provided in Section 187 the municipality may, if there be more than one owner, apportion the said expenses among such of the owners as are known in such manner as the municipality may deem fit.
(2) Whenever any such expenses are to be paid by the occupiers of any land as provided in Section 187 the municipality may, if there be more than one occupier, ap
Whenever any expenses incurred by the municipality are to be paid by the owners and occupiers of any land, as provided in Section 187 the municipality may apportion the said expenses among the said owners and occupiers or such of them as are known in such manner as the municipality may deem fit.
Whenever any works or alterations and improvements, of which the municipality is authorized by this Act to require the execution, are executed by the occupier on the requisition of the municipality, or are executed by the municipality and cost thereof is recovered from the occupier, the cost thereof may, if the municipality certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payment of his rent due or becoming due to such owner, or may be recovered by him in any court of competent jurisdiction.
If the municipality under the provisions of this Act shall have caused any repairs to be made to any house or other structure and if such house or other structure be unoccupied, the municipality may enter into possession of the same, and may retain possession thereof until the sum expended by it on the repairs be paid to it.
(1) The materials of anything which shall have been pulled down or removed under the provisions of Section 183 may be sold by the municipality and the proceeds of such sale shall be adjusted to the payment of the expenses incurred.
(2) The surplus sale-proceeds, if any, shall be credited to the Municipal fund and may be paid on demand to any person who establishes his right to the satisfaction of the municipality or in a court of compet
(1) Unless otherwise expressly provided in this Act a Court shall take cognizance of any offence under this Act 9r under any rules or bye-laws made thereunder except on the complaint of the municipality or some person authorized by the municipality by general or special order in this behalf.
(2) No Court inferior to that of a Magistrate of the first class shall try any of the offences specified in sub-section (1).
(1) The offences under this Act shall be compoundable:
Provided that no offence, arising from the failure to comply with a written notice given by or on behalf of the Nagar Panchayat or the Council as the case may be, shall be compoundable unless the notice has been complied with.
(2) Sums paid by way of composition under this section shall be credited to
Every police officer shall give immediate information to the municipality of an offence coming to his knowledge which has been committed against this Act or against any rules or bye-laws made thereunder, and shall be bound to assist all members, officers and employees of the municipality in the exercise of their lawful duty.
Any person aggrieved by an order of a municipality refusing, revoking or suspending licence or permission required under this Act may, notwithstanding anything contained elsewhere in this Act, within thirty days from the date of refusal, revoking or suspension, appeal to the State Government or an officer authorized by the Government in that behalf whose decision shall be final and shall not be questioned in any Court.
(1) Any person aggrieved:
(a) by the refusal of the Nagar Panchayat or Council under Section 126 to sanction the erection, re-erection or material alteration of any building.
(b) by a notice from the Nagar Panchayat or Council under Section 112 requiring a road to be drained, leveled, paved, flagged, metalled, or provided with proper means of lighting or
No appeal under Section 196 or Section 197 shall be dismissed or allowed partly or wholly, unless reasonable opportunity of showing cause or being heard has been given to the parties.
(1) When a dispute arises regarding the amount of compensation which the municipality is required by this Act to pay, it shall be settled in such manner as the parties may agree, in default of agreement, by the Deputy Commissioner upon application made to him by the municipality or the person claiming compensation.
(2) If the municipality or the person claiming compensation is not satisfied with the decision of the Deputy Commissioner, it or he shall
No suit shall be maintainable against Nagar Panchayat or Councilor any of its committees, or any officer or employee, or any person acting under or in accordance with, the direction of the Nagar Panchayat or of the Councilor any of its committees or any municipal officer or servant, in respect of anything in good faith done or intended to be done under this Act or under any rule or bye-law made thereunder.
(1) No suit or other legal proceeding, not being a criminal proceeding, shall be instituted against any Nagar Panchayat or Council, or any of its officers in respect of any act purporting to be done by such officer in his official capacity, or any person acting under its direction, until the expiry of two months next after notice in writing has been delivered to or left at the office of:
(a) in the case of a suit against the Nagar Panch
The Deputy Commissioner or the Director or any officer so empowered by the Government in this behalf may at any time:-
(i) enter into and inspect, or cause any other person to enter into or inspect:-
(a) any immovable property in the occupation of.
(b) any work in progress
(1) The Government, or the Deputy Commissioner may, by order in writing, suspend the execution of any resolution or order of the municipality or prohibit the doing of any act which is about to be done or is being done in pursuance of or under this Act, or in pursuance of any sanction or permission granted by the municipality in the exercise or their powers under this Act, if in its or his opinion, the resolution, order or act is contrary to the public interest or is in excess of the powers conferred by law, or the exe
(1) If, in any case of emergency, the Deputy Commissioner upon the recommendation of the concerned technical advisor immediately, available, is of opinion that the immediate execution of any work or the immediate doing of any act which the Nagar Panchayat or the Council, whether at a meeting or otherwise, are empowered to execute or do, is necessary for the health or safety of the public, he may call upon the Nagar Panchayat or the Council to execute the work within such time as he may appoint. If such work is not exe
If in the opinion of the Government, a Nagar Panchayat or a Council, as the case may be, is not competent to perform or persistently make default in the performance of the obligatory duties imposed upon it by or under this Act or exceed or abuse its power the Government may by notification, stating the reasons for so doing declare such Nagar Panchayat or Council to be incompetent or in default or to have exceeded or abused its power, as the case may be, and dissolve such Nagar Panchayat or Council:
An order of dissolution shall have the following consequences, namely:-
(a) all the Councillors of the Nagar Panchayat or of the Council shall, as from the date of order, vacate their offices as such Councillors.
(b) all the powers and duties which under the Act may be exercised and performed by the Nagar Panchayat or the Council, whether at a meeting or
(1) When a dispute arises between a Nagar Panchayat or a Councilor any other local authority on any matter which they are jointly interested, such dispute shall be referred to Government, whose decision shall be final.
(2) The Government may regulate by rules made under this Act the relation to be observed between a Nagar Panchayat or a Council and other local authorities in any matter in which they are jointly interested.
(1) The Government may, by notification and subject to the condition of previous publication, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(i) manner in which the minu
(1) A municipality may, frame bye-laws consistent with the provisions of this Act and the rules made thereunder for carrying out the provisions of this Act, for:
(i) any matter in respect of which power to frame bye-laws is conferred expressly on the municipality under this Act.
(ii) regulating traffic, and preventing obstructions and encroachments and un
(1) A Nagar Panchayat or Council whose municipality is wholly or in part situated in a hilly tract may in addition to such bye-laws as it may make under the preceding section frame bye-laws for regulating or prohibiting the cutting or destroying of tree; or shrubs or the making of excavations or removal of soil or quarrying, where such regulation or prohibition appears to the Nagar Panchayat or the Council to be necessary for any or all of following purposes:-
(1) The power to frame bye-laws in the Act shall be subject to the condition of previous notification.
(2) No such bye-laws shall come into force until it has been confirmed by the Government.
(3) The Government may cancel its confirmation of any such bye law, and thereupon the bye-law shall cease to have effect.
Every bye-law shall, after confirmation, be published in the prescribed manner.
The Government may from time to time frame model bye-laws for any matter in respect of which a municipality is empowered to frame bye-laws under this Act and publish them in the Official Gazette for the guidance of municipality.
(1) No act of the Nagar Panchayat or of the Councilor of any of its committees shall be deemed to be invalid by reason of any vacancy in the membership thereof.
(2) Any proceeding of a meeting of the Nagar Panchayat or of Councilor of any committee thereof shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.
(1) The election of a person to the office of a Councillor shall not be called in question except by a petition to be filed before the Election Tribunal within such time and in such manner as may be prescribed, on the ground that:-
(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election.
For the purpose of election of Chairperson, Vice-Chairperson and Councillor, the Government shall make rules .for election and election petition under this Act.
(1) No civil court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act, in connection with the conduct of elections thereunder.
(2) Notwithstanding anything contained in this Act:-
(a) the validity of any law relating to the delimitation of constituencies or the all
(1) The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Municipalities shall be vested in the State Election Commission constituted under Section 98 of the Manipur Panchayati Raj Act, 1994 (26 of 1994).
(2) Subject to the provisions of this Act, election to the municipality shall be held in accordance with the rules made by the Government in this behalf.
(1) For every municipal area, there shall be an electoral roll showing the names of persons qualifying to vote.
(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area.
(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in a
(1) Every person who:-
(a) is not less than 18 years of age on the qualifying date.
(b) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area.
(2) No person shall be entitled to be registered in the elec
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purpose of removing the difficulty.
The provisions of this Act, rules and bye-laws, and orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.
A copy of any receipt, application, plan, notice, order, entry in a register copy document in the possession of a Nagar Panchayat or a Council, shall if duly certified by any person authorized by any bye-law in this behalf, be received as evidence of the existence of any entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.
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No municipal officer or servant shall in any legal proceeding to which a Nagar Panchayat or a Council is not a party be required to produce any register or document the contents of which can be proved by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for a special cause.
If any person violates any of the provisions of this Act for which a penalty is not already provided under this Act, he shall be liable to a fine not exceeding rupees five hundred for each day in the case of continuing violation.
Every Councillor and every officer or servant of the Nagar Panchayat or the Council and every contractor or agent appointed by it for the collection of any tax or every person employed by such contractor or agent for collection of such tax shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(1) The District Planning Committee constituted under section 96 of the Manipur Panchayati Raj Act, 1994 (26 of 1994) shall also be the District Planning Committee for the purposes of this Act.
(2) The District Planning Committee shall consist:-
(1) The Governor may by notification notify an area having a population of ten lakh or more comprised in one or more districts and consisting of two or more municipalities or Panchayats or other contiguous areas to be a Metropolitan area for the purposes of this Act.
(2) On such notification the Government shall constitute in every Metropol
The State Government may, by notification delegate to any officer or authority subordinate to it any of the powers .conferred on it or on any officer subordinate to it by this Act, other than powers to make rules, to be exercised, subject to such restrictions and conditions as may be specified in the said notification.
(1) On the date of the commencement of this Act, the Manipur Municipalities Act, 1976 shall be deemed to have been repealed:
Provided that the said repeal shall not affect:
(a) the validity, effect or consequence of anything done or suffered under said enactment.
(b) any ri
(1) The Manipur Municipalities Ordinance, 1994 (Order 6 of 1994) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
THE SCHEDULE
(See Section 36)
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