MANIPUR PANCHAYATI RAJ ACT, 1994
(1) This Act may be called the Manipur Panchayati Raj Act, 1994.
(2) It extends to the whole of the State of Manipur excepting any area to which the Manipur (Hill Areas) District Council Act, 1971 or the Manipur (Village Authorities in Hill Areas) Act, 1956 extends, or which has been or may hereafter be declared as or included in, a municipality under any law for the time being in force, or which has been or may hereafter be declared as, or included in a cantonment under the Cantonment Act, 1924.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Act.
In this Act, unless the context otherwise requires,--
(a) "Adhyaksha and Up-Adhyaksha'' means an Adhyaksha and a Up-Adhyakhsa of a Zilla Parishad elected under section 54 of this Act;
(b) "Chairperson" means Chairperson of a Standing Committee of a Zilla Parishad or a Gram Panchayat, as the case may be, constituted under the provisions of this Act;
(c) "Chief Executive Officer" means the Chief Executive Officer of a Zilla Parishad appointed under section 75 of this Act;
(d) "Commissioner" means the Commissioner of the Government in the Development and Panchayati Raj or such other person as may be appointed by the State Government to exercise the powers of a Commissioner under this Act;
(e) "district" mean
(1) A Gram Sabha shall, subject to sub-section (2), consist of all persons whose names are included in electoral rolls referred to in section 15 within the area of the Gram Sabha:
Provided that no person shall be a member of more than one Gram Sabha.
(2) A person shall be disqualified for being a member of the Gram Sabha, if--
(a) he is not a citizen of India; or
(b) he is of unsound mind and stands so declared by a competent court; or
(c) he is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election to State Legislature.
(1) A member of Gram Sabha shall cease to be a member, if he has ceased to be ordinarily resident within the Gram Sabha area.
(2) Where any person ceases to be a member of a Gram Sabha under sub-section (1) he shall also cease to hold any office to which he may have been elected or appointed by virtue of being a member thereof.
The Gram Sabha shall meet from time to time but six months shall not intervene between any two meetings.
The meeting of the Gram Sabha shall be held in accordance with such procedure as may be prescribed.
(1) The quorum for a meeting of the Gram Sabha shall be one-tenth of its total membership.
(2) If at the time appointed for the meeting, a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall adjourn the meeting to the same time on the same day in the following week. He shall similarly, after waiting for thirty minutes, adjourn the meeting if at any time after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be posted in the office of the Gram Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum.
Every meeting of the Gram Sabha shall be presided over by the Pradhan of the concerned Gram Panchayat and in his absence by the Up-Pradhan, and in the absence of both by a member of the Gram Panchayat to be chosen from amongst the members of the Panchayat.
The Gram Panchayat shall prepare the agenda for discussion of the Gram Sabha, such matters shall relate to the following, namely:--
(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies if any, made thereto;
(b) the budget of the Gram Panchayat for the next financial year; and
(c) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year.
Any resolution relating to the functions entrusted to the Gram Sabha under section 11, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha.
A Gram Sabha shall exercise the following functions, namely:--
(a) rendering assistance in the implementation of development schemes pertaining to the village;
(b) identification of beneficiaries for the implementation of development schemes pertaining to the village:
Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time the Gram Panchayat can identify the beneficiaries;
(c) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;
(d) to promote adult education and family welfare within the village;
(e) promotion of unity and harmony among all sections of societ
The Gram Sabha may also form one or more Vigilance Committees consisting of persons, who are not members of the Gram Panchayat to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting.
(1) There shall be constituted a Gram Panchayat for every Gram Sabha.
(2) The Gram Panchayat constituted under sub-section (1) shall be notified in the Official Gazette and shall be deemed to have been constituted from the date of its first meeting.
(3) Every person shall be entitled to be included in the list of electors of Gram Panchayat if he is not less than eighteen years of age on the date of its publication under sub-section (1) and is ordinarily resident within the area of the Gram Panchayat:
Provided that no person shall be entitled to be included in the list of the electors of any Gram Panchayat for more than one Gram Panchayat and no person shall be entitled to be included in the electoral roll of any Gram Panchayat for more than once:
Pr
Every Gram Panchayat shall, by the name notified in the Official Gazette under section 13, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts, and shall, by the said name sue and be sued.
The electoral roll of the Manipur Assembly prepared under the provision of the Representation of the People Act, 1950 and as in force on such date as the State Government may, by general or special order, notify in this behalf for such part of the constituency of the Assembly as is included in the Gram Sabha, shall be the list of electors for such Gram Panchayat.
(1) The list of electors referred to in section 15 shall be published in such manner and by such authority as may be prescribed.
(2) Any person whose name is not included in the list of electors published under sub-section (1) may apply within ten days from its publication to the officer publishing the same for inclusion of his name therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in sub-section (3) and is not disqualified from being included in the list of electors under section 15 after making such inquiry as may be prescribed, direct his name to be included in the list of electors.
17. A Gram Panchayat shall consist of the Pradhan and such number of directly elected members as may be notified from time to time by the State Government and one member for every 350 population or part thereof of the Panchayat area shall be elected as a member of such Panchayat.
(1) The Deputy Commissioner shall, for the conduct of the election,--
(i) divide the area of the Gram Sabha into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Gram Sabha area;
(ii) determine the number of seats allotted to each constituency.
(2) One member from each territorial constituency shall be elected by direct election to the Gram Panchayat.
(1) Seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Gram Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of Scheduled Castes or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in such Gram Panchayat, in such manner as may be prescribed.
(2) Not less than one-third of the total number of seats reserved under sub-section (2) shall be reserved for women belonging to Scheduled Castes, or as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled
(1) Every Gram Panchayat shall continue for a term of five years from the date appointed for its first meeting and no longer:
Provided that a Gram Panchayat which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration.
(2) The election to constitute a Gram Panchayat shall be completed--
(a) before the expiration of its duration specified in sub-section (1); and
(b) in case of dissolution, before the expiration of a period of six months from the date of dissolution:
Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election und
21. The Pradhan and members of the Gram Panchayat shall be elected by direct election under secret ballot by the members of the Gram Sabha from amongst themselves in such manner as may be prescribed.
(1) (a) If the Deputy Commissioner is satisfied that a Gram Panchayat for a village or group of villages immediately after the establishment of such Gram Panchayat cannot be constituted by reason of--
(i) any difficulty in holding an election of the members of the Gram Panchayat; or
(ii) failure to elect such members at two successive elections held under section 17; or
(iii) any other sufficient reason whatsoever; or
(b) If at any general election to a Gram Panchayat, no member is elected or less than two-third of the total number of members are elected, the Deputy Commissioner shall, by notification either,--
(i) appoint an Administrative Committee consisting of persons qualified to be elected, the n
(1) In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Pradhan or of a member of a Gram Panchayat, the vacancy shall be filled by election in the manner prescribed.
(2) Every Pradhan and every Member elected to fill a casual vacancy, shall hold office for the remaining term of office of the person in whose place he is so elected.
Provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of less than six months.
(1) Every Gram Panchayat shall, as soon as may be, elect one of its members to be Up-Pradhan.
(2) In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Up-Pradhan, the Gram Panchayat shall elect another member to be the Up-Pradhan:
Provided that no election shall be held if the vacancy is for a period of less than six months.
Subject to the general or special order of the Government, the Deputy Commissioner shall reserve--
(i) such number of offices of Pradhan and Up-Pradhan of Gram Panchayat in the district for the Scheduled Castes and Scheduled Tribes as nearly as may be, in the same proportion as the total number of offices in the district bears to the population of the Scheduled Castes or of the Scheduled Tribes in the district bears to the total population of that district;
(ii) not less than one-third of the total number of offices of Pradhan and Up-Pradhan, as the case may be, of the Gram Panchayat in the district shall be reserved for women:
Provided that the offices reserved under this section shall be allotted by rotation to different Gram Panchayats in such manner as may be prescribed.
On the establishment of Gram Panchayat for the first time under this Act, or on its reconstitution or establishment under section 20, a meeting of the Gram Panchayat shall be called immediately by the prescribed officer who shall himself preside over the meeting, but shall have no right to vote, and in such meeting, the Up-Pradhan shall be elected.
(1) The term of office of every Pradhan and Up-Pradhan of the Gram Panchayat shall, save as otherwise provided in this Act, cease on the expiry of the term of the Gram Panchayat.
(2) Pradhan and Up-Pradhan shall be entitled to such honoraria and other allowances, as may be prescribed.
(3) Every member of the Gram Panchayat shall be entitled to receive such honoraria and allowances as may be fixed by the Government from time to time.
(1) The Pradhan shall--
(a) be responsible for convening the meeting of Gram Sabha and preside over its meeting;
(b) be responsible for convening the meeting of Gram Panchayat and shall preside over its meetings;
(c) be responsible for the maintenance of the records of the Gram Panchayat;
(d) have the general responsibility for the financial and executive administration of the Gram Panchayat;
(e) exercise administrative supervision and control over the work of the staff of the Gram Panchayat and the officers and employees whose services may be placed at the disposal of the Gram Panchayat by any other authority;
(f) for the transaction of business connected wit
(1) The Pradhan and the Up-Pradhan, as the case may be, may resign his office by writing under his hand addressed to the prescribed authority.
(2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority.
(3) Every Up-Pradhan shall vacate the office if he ceases to be a member of a Gram Panchayat.
(1) Every Pradhan and every Up-Pradhan shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of not less than two-third of the members of the Gram Panchayat present and voting, at a meeting specially convened for the purpose. The requisition for such a special meeting shall be signed by not less than half of the total number of members of the Gram Panchayat and shall be delivered to the prescribed authority. The prescribed authority shall within seven days from the date of the receipt of the requisition, convene a special meeting of the Gram Panchayat. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the prescribed authority. In the initial two years of their term as Pradhan and Up-Pradhan of a Gram Panchayat no such motion of no confidence shal
A member of a Gram Panchayat may resign his membership in writing under his hand addressed to the Pradhan of the Gram Panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Pradhan.
(1) A Gram Panchayat shall meet for the transaction of business at least once in two months at the office of the Gram Panchayat and at such time as the Pradhan may determine.
(2) The Pradhan may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting.
(3) Seven clear days' notice of an ordinary meeting and three clear days' notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Secretary to the members and such officers as the Government may prescribe, and affixed on the notice board of the Gram Panchayat.
(4) The officers to whom notice is given under
(1) Minutes shall be kept of the names of the members and of the officers, if any, present, and of the proceedings at each meeting of the Gram Panchayat and if any member present at the meeting so desires, of the names of the member voting respectively for or against any resolution, in a book to be provided for the purpose and after they are read over and agreed to, shall be signed by the Pradhan and Up-Pradhan or person presiding at such meeting, and shall at all reasonable times be open to inspection by any member of the Gram Panchayat. Any person may inspect the copy of minutes of the meeting. The minutes books shall always be kept in the office of the Gram Panchayat and shall be in the custody of the Secretary of the Gram Panchayat.
(2) A copy of every resolution passed by the Gram Panchayat shall within ten days from the date of meeting, be forwarded by the Secretary to the
(1) The quorum for a meeting of the Gram Panchayat shall be one-half of the total number of members. If, at the time appointed for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. He shall, similarly, after waiting for thirty minutes adjourn the meeting if, at any time, after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the Gram Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum.
(2) Save as otherwise provided by or
Subject to such conditions as may be specified by the Government from time to time, the Gram Panchayat shall perform the functions specified below:--
(1) General Functions:--
(a) preparation of annual plans for the development of the Panchayat area;
(b) preparation of annual budget;
(c) power for mobilising reliefs in natural calamities;
(d) removal of encroachments on public properties;
(e) organising voluntary labour and contribution for community works; and
(f) maintenance of essential statistics of village(s).
(2) Agriculture, including Agriculture Extension:--
&n
36. The Government may, by notification and subject to such conditions as may be specified therein--
(a) transfer to any Gram Panchayat the management and maintenance of a forest situated in the panchayat area;
(b) make over to the Gram Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the panchayat area;
(c) entrust the Gram Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith; and
(d) entrust such other functions as may be prescribed:
Provided that no entrustment under clause (c) shall be made without the concurrence of the Gram Panchayat concerned:
&n
A Gram Panchayat shall have powers to do all acts necessary for or incidental to the carrying out the functions entrusted assigned or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act.
(1) Every Gram Panchayat shall constitute the following committees by election--
(i) Production Committee for performing functions relating to agricultural productions, animal husbandry and rural industries and poverty alleviation programmes;
(ii) Social Justice Committee for performing functions relating to--
(a) promotion of education, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes;
(b) protection of such castes and classes from social injustice and any form of exploitation; and
(c) welfare of women and children.
(iii) Amenities Committee to perform functions in respect of education, public h
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof--
(a) contributions and grants, if any, made by the Central or State Government;
(b) contributions and grants, if any, made by the Zilla Parishad or any other local authority;
(c) loans, if any, granted by the Central or the State Government;
(d) all receipts on accounts of taxes, rates and fees levied by it; and
(e) all other sums received by or on behalf of other Gram Panchayat.
(2) Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet--
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(1) Subject to such rules as may be made in this behalf, a Gram Panchayat shall impose yearly tax on lands and buildings within the local limits of the jurisdiction of the Gram Panchayat.
(2) Subject to such maximum rates as the Government may prescribe, a Gram Panchayat may levy the following fees and rates, namely:--
(a) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the Government by notification;
(b) a lighting rate, where arrangement for lighting of public streets and places is made by the Gram Panchayat within its jurisdiction; and
(c) a conservancy rate, where arrangement for clearing private latrines, urinals and cesspools is made by the Gram P
Subject to the provisions of this section, every Gram Panchayat shall, after a re-appropriation made by law in this behalf, be entitled to receive grants-in-aid from the Consolidated Fund of the State as recommended by the State Finance Commission, constituted under section 97 of this Act.
(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare during each year a budget of its estimated receipts and disbursements for the following year and shall submit the budget to the Zilla Parishad having jurisdiction over the area of the Gram Panchayat.
(2) The Zilla Parishad may, within such time as may be prescribed, either approve the budget or return it to the Gram Panchayat for such modifications as it may direct. On such modifications being made the budget shall be re-submitted within such time as may be prescribed for approval of the Zilla Parishad.
(3) No expenditure shall be incurred unless the budget is approved by the Zilla Parishad. If the Zilla Parishad does not convey its approval within the time prescribed for the purpose, the budget will be deemed to have been approved by the Zilla
Accounts of the income and expenditure of every Gram Panchayat shall be kept in such form and manner as may be prescribed.
(1) The accounts of a Gram Panchayat shall be audited by the Director, Local Fund Audit and Accounts of the Government of Manipur in such manner as may be prescribed and a copy of the audit report shall be forwarded to the Gram Panchayat within one month of the completion of the audit.
(2) On recent of the audit report referred to in sub-section (1), the Gram Panchayat shall either remedy the defects or irregularities which have been pointed out in the audit report and send to the Zilla Parishad within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it is required to furnish.
(1) There shall be a Secretary for every Gram Panchayat, who shall be appointed in such manner as may be prescribed and shall draw his salary and allowances from the Gram Panchayat Fund.
(2) The Secretary shall be in charge of the office of the Gram Panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye-law made thereunder.
(3) The Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the Secretary.
(4) Subject to rules as may be prescribed by Government regarding discipline and control, the Secretary shall act in all matters under the control of Gram Panchayat.
(1) The Government may, by order, specify the staffing pattern, the scales of pay and mode of recruitment of staff of Gram Panchayats.
(2) The Gram Panchayat shall, subject to sub-section (1), determine and submit for approval of the Chief Executive Officer a category of employees specifying the designation and grades and the salaries and allowances payable to its officers other than the Secretary required for carrying out the duties imposed upon the Gram Panchayat by or under this Act.
Subject to the provisions of sections 45 and 46 the Gram Panchayat may, with the prior approval of the Chief Executive Officer appoint other employees of the Gram Panchayat and pay their salaries from the Gram Panchayat fund:
Provided that in making appointments, posts for the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens shall be reserved in the same manner and to the same extent as is applicable for the recruitment to posts the State Civil Services.
(1) The Governor shall, by notification in the Official Gazette establish a Zilla Parishad for a district and having jurisdiction over it, with effect from such date as may be specified.
(2) Every Zilla Parishad shall be a corporate body by the name of its district, having perpetual succession and common seal and subject to such restrictions as are imposed by or under this or any, other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, of acquiring, holding and transfering property movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.
The Zilla Parishad shall consist of--
(a) the members directly elected from the territorial constituencies in the district under section 50;
(b) the members of the House of the People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district; and
(c) ten per cent. of the Pradhans of the Gram Panchayats in the district:
Provided than when the total number of members under clauses (b) and (c) exceed the total number of members under clause (a), only one-third of the members under clause (c) shall be selected on rotation for a period of one year by lot as the Government may decide from time to time and district to district, subject to the condition that a Pradhan who was
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