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Legal Library
THE MANIPUR MUNICIPALITIES ACT, 1994
All Acts
THE MANIPUR MUNICIPALITIES ACT, 1994
ACT NO. 43 OF 1994 · Enacted [8th July, 1994.] · 231 sections
PRELIMINARY
Section 1.
Short title, extent and commencement.
Section 2.
Definitions.
CONSTITUTION OF MUNICIPALITIES
Section 3.
Constitution of municipalities.
Section 4.
Effect of exclusion of local area from municipality.
Section 5.
Election and maintenance of boundary marks.
NAGAR PANCHAYAT
Section 6.
Incorporation of Nagar Panchayat.
Section 7.
Composition of Nagar Panchayat.
Section 8.
Application of certain provisions relating to Council in case of Nagar Panchayat.
Section 9.
Chairperson and Vice-Chairperson of Nagar Panchayat.
Section 10.
Election of Chairperson and Vice-Chairpersons.
Section 11.
Resignation by Chairperson, Vice Chairperson and Councillor.
Section 12.
Remuneration to Chairperson and Vice-Chairperson.
MUNICIPAL COUNCIL
Section 13.
Incorporation of Municipal Council.
Section 14.
Municipal administration.
Section 15.
Composition of Council.
Section 16.
Constitution and composition of Wards Committees.
Section 17.
Reservation of seats.
Section 18.
Allocation of reserved seats and delimitation of wards.
Section 19.
Disqualifications for membership.
Section 20.
Oath of office.
Section 21.
Appointment of administrator.
Section 22.
Duration of municipalities, etc.
Section 23.
Every Council to have Chairperson and a Vice-Chairperson.
Section 24.
Election of Chairperson.
Section 25.
Election of Vice-Chairperson.
Section 26.
Chairperson and Vice-Chairperson cease to hold office as such.
Section 27.
Filling up of vacancies and term of office of persons filling up the vacancy.
Section 28.
Resignation by Chairperson, Vice-Chairperson and Councillor.
Section 29.
Removal of Councillors.
Section 30.
Effect of removal of a Councillor.
Section 31.
No-confidence motion against Chairperson or Vice-Chairperson.
Section 32.
Grant of leave of absence to Chairperson or Vice-Chairperson.
Section 33.
Powers and functions of the Chairperson.
Section 34.
Function of Vice-Chairperson.
Section 35.
Remuneration of Chairperson and Vice-Chairperson.
Section 36.
Powers, authority and responsibilities of municipalities.
Section 37.
Obligatory functions of the municipality.
Section 38.
Special duties of municipalities.
Section 39.
Discretionary functions of municipality.
Section 40.
Management of public institution by municipality to vest in it.
ESTABLISHMENT
Section 41.
Appointment of Executive Officers.
Section 42.
Main functions of the Executive Officer.
Section 43.
Appointment of Health Officer, Revenue Officer and Engineer.
Section 44.
Power of Nagar Panchayat and Council to determine strength of its employees.
Section 45.
Power of Nagar Panchayat and Council to appoint its officers and employees.
Section 46.
Disciplinary action against employees of Nagar Panchayat and Council and conditions of their services, etc.
Section 47.
Gratuity and pension.
Section 48.
Power to make rules.
CONDUCT OF BUSINESS
Section 49.
Meeting of a Nagar Panchayat or of a Council.
Section 50.
Chairperson of meeting.
Section 51.
Manner of deciding questions.
Section 52.
Adjournment of meeting in the absence of quorum.
Section 53.
Minutes of proceedings.
Section 54.
Modification and cancellation of resolution.
Section 55.
Right of Government Officers to attend, address and take part in the meeting of the Nagar Panchayat or of the Council.
Section 56.
Appointment of Committees.
Section 57.
Chairperson of Committee.
Section 58.
Liability for loss, waste or misapplication of funds and property.
Section 59.
Disqualifications of Councillors having share or interest in contract.
Section 60.
Penalty in case Councillors, executive officer, etc., having interest in a contract, etc., with the Nagar Panchayat or Council.
Section 61.
Disqualification from voting.
MUNICIPAL PROPERTY, FINANCE AND CONTRACTS
Section 62.
Municipal property and vesting thereof.
Section 63.
Transfer of municipal property.
Section 64.
Execution of contracts.
Section 65.
Transfer of private roads, etc., to Nagar Panchayat or Council.
Section 66.
Acquisition of land.
Section 67.
Formation and custody for municipal fund.
Section 68.
Credit of moneys to the municipal fund.
Section 69.
Powers of the Nagar Panchayat or of the Council to borrow money.
Section 70.
Application of municipal property and fund.
Section 71.
Budget.
Section 72.
Accounts and audit.
Section 73.
Finance Commission for municipalities.
MUNICIPAL TAXATION
Section 74.
Power to impose taxes by and the funds of the municipalities.
Section 75.
Taxes which may be imposed.
Section 76.
Tax on Government holdings.
Section 77.
Restriction regarding tax on holding.
Section 78.
Collection of taxes are subject to bye-law, etc.
Section 79.
Nagar Panchayat or Council to determine the valuation of holding.
Section 80.
Returns required for ascertaining annual value.
Section 81.
Penalty for default in furnishing return and for obstruction of assessor.
Section 82.
Determination of annual value of holdings.
Section 83.
Determination of rate of tax on holding.
Section 84.
Preparation of assessment register.
Section 85.
Powers to assess consolidated tax for building and land on which it stands.
Section 86.
Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register.
Section 87.
Notice to be given to Chairperson of transfers of title of persons liable of payment of tax.
Section 88.
Revisions of valuation list.
Section 89.
Appointment of assessor and power of State Government to direct the appointment of assessor.
Section 90.
Revision of assessment register.
Section 91.
Effect of revision of assessment register.
Section 92.
Exemptions and remission.
Section 93.
Power of assessor.
Section 94.
Publication of notice of assessment.
Section 95.
Application for review.
Section 96.
Procedure for review.
Section 97.
Limitation of time for application for review.
Section 98.
Assessment to be questioned only under Act.
Section 99.
Tax not invalid for want of form.
Section 100.
Procedure for imposing taxes, recovery of claims, etc.
RECOVERY OF MUNICIPAL CLAIMS
Section 101.
Recovery from occupier of tax due from non-resident.
Section 102.
Recovery from owner of occupier’s tax in certain cases.
Section 103.
Recovery by owner of occupier’s tax paid by owner.
Section 104.
Method of recovery by owner.
Section 105.
Penalty.
Section 106.
Municipality may compound with livery stable keepers.
Section 107.
Rents, tolls and fees in respect of markets.
Section 108.
Recovery of taxes as arrears of land revenue.
Section 109.
Power to sell unclaimed holdings for money due.
Section 110.
Writing off irrecoverable sums due to the Nagar Panchayat or to the Council.
MUNICIPAL POWER AND OFFENCES — Powers in respect of road
Section 111.
Power to make roads.
Section 112.
Power to repair, etc., of private road, drains, etc.
Section 113.
Prohibition of use of public roads by a class of animals, carts or vehicles.
Section 114.
Penalty for encroachment on public roads, etc.
Section 115.
Use of public road or place by vendors and other person and penalty thereof.
Section 116.
Power to remove obstructions, encroachments and projections in or on public road, etc.
Section 117.
Procedure when person who erected obstruction cannot be found.
Section 118.
Projections from buildings to be removed.
Section 119.
Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment summarily on requisition by the Government.
Section 120.
Effect of order made under section 116, 117, 118 or 119.
Section 121.
Nagar Panchayat or Council may require land holders to trim hedges, etc.
Section 122.
Penalty for disobeying requisition under section 116, 117, 118 or 119.
Section 123.
Names of public roads and number of buildings.
MUNICIPAL POWER AND OFFENCES — Building
Section 124.
Erection of building without sanction.
Section 125.
Special provision for cases where bye-laws have not been made.
Section 126.
Powers of Nagar Panchayat or the Council to sanction or refuse.
Section 127.
Lapse of sanction.
Section 128.
Penalty for building without or in contravention of sanction.
Section 129.
Power of a Nagar Panchayat or a Council in case of disobedience.
Section 130.
Roofs and external walls not to be made of inflammable materials.
Section 131.
Power to attach brackets for lamps.
Section 132.
Building unfit for human habitation.
Section 133.
Pending of building in dangerous state.
Section 134.
Nagar Panchayat or Council may require owners to pull down ruins.
Section 135.
Penalty for disobeying requisition under sections 133 and 134.
Section 136.
Compensation for prohibition of erection or re-erection.
MUNICIPAL POWER AND OFFENCES — Powers connected with drains
Section 137.
Power to require owners to clear noxious vegetation.
Section 138.
Power to require owners to improve bad drainage.
Section 139.
Power to require unwholesome tanks or private premises to be cleansed or drained.
Section 140.
Wells, tanks, etc., to be secured.
Section 141.
Penalty for disobeying requisition under sections 137, 138, 139 and 140.
Section 142.
Power of Government to prohibit cultivation, use of manure, or irrigation injurious to health.
Section 143.
Public latrines and urinals.
Section 144.
Power to demolish unauthorised drains leading into public.
Section 145.
Penalty for allowing water of any sewer, etc., to run on any public road.
Section 146.
Power to require owner to drain land.
Section 147.
Penalty for disobeying requisition under section 146.
MUNICIPAL POWER AND OFFENCES — Scavenging and cleaning
Section 148.
Establishment for removal of sewage, offensive matter and rubbish.
Section 149.
Sewerage scheme.
Section 150.
Removal of sewage, offensive material, rubbish.
Section 151.
Penalty for placing rubbish on public road.
Section 152.
Penalty on occupier for not removing filth, etc.
Section 153.
Penalty for throwing offensive matter on public roads, etc.
Section 154.
Power of servants of the Nagar Panchayat or of the Council.
MUNICIPAL POWER AND OFFENCES — Water supply and drainage system
Section 155.
Supply of drinking water.
Section 156.
Removal of latrines, etc., near any source of water supply.
Section 157.
Owner or occupier to take steps to prevent spread of infectious disease.
Section 158.
Unauthorised construction or tree over drain or water-works.
MUNICIPAL POWER AND OFFENCES — Burial and burning ground for disposal of corpses
Section 159.
Powers in respect of burial and burning places.
Section 160.
Burial of paupers and unclaimed dead bodies.
Section 161.
Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased.
OTHER POWERS AND PENALTIES — Markets and slaughter houses
Section 162.
Establishment of markets.
Section 163.
Power to remove persons from municipal market.
Section 164.
Places for slaughter of animals for sale.
Section 165.
Inspection before and after slaughter.
Section 166.
Licencing of butcher.
OTHER POWERS AND PENALTIES — Nuisances from certain trades, professions, etc.
Section 167.
Regulation of offensive trades.
Section 168.
Certain offensive and dangerous trades not to be established within the limits to be fixed by the municipality without licence.
Section 169.
Cinemas, dramatic performances, circuses, etc.
Section 170.
Cancellation, revocation, etc., of licences.
Section 171.
Publication of order of refusal, suspension of licences.
Section 172.
Power to close market, tea-stall, etc.
OTHER POWERS AND PENALTIES — Infectious or contagious diseases
Section 173.
Penalty for failure to give information of cholera.
Section 174.
Disinfection of building and articles.
Section 175.
Penalty for letting infected house.
Section 176.
Power of entry for purpose of preventing spread of disease.
Section 177.
Removal to hospital of patients suffering from infectious disease.
OTHER POWERS AND PENALTIES — Park, playground and open space
Section 178.
Municipality to provide places for recreation.
Section 179.
Function and powers in regard to pounds.
PROCEDURE
Section 180.
Service of notice.
Section 181.
Reasonable time for act to be fixed.
Section 182.
Service of notice on owner or occupier of land.
Section 183.
Procedure when owners or occupiers are required by Nagar Panchayat or the Council to execute works.
Section 184.
Person required to execute any work may prefer objection to the municipality.
Section 185.
Procedure if person objecting alleges that work will cost more than three thousand rupees.
Section 186.
Chairperson, Vice-Chairperson to make order after hearing objection.
Section 187.
Power of municipality on failure of persons to execute works.
Section 188.
Power to apportion expenses among owners and occupiers.
Section 189.
Apportionment among owners and occupiers.
Section 190.
Occupiers may recover cost of works executed at their expenses from owners.
Section 191.
Power to enter upon, possession of houses so repaired.
Section 192.
Sale of materials of houses pulled down.
Section 193.
Cognizance.
Section 194.
Offences under the Act compoundable.
Section 195.
Power and duties of police in respect of offences.
Section 196.
Appeals from order refusing licences.
Section 197.
Appeals from orders in other cases.
Section 198.
Appeal not to be dismissed without giving reasonable opportunity.
Section 199.
Dispute as to compensation payable by municipality.
Section 200.
Indemnity.
Section 201.
Bar of suits in absence of notice.
CONTROL
Section 202.
Control by Deputy Commissioner.
Section 203.
Power to suspend action under the Act.
Section 204.
Powers of Deputy Commissioner in case of emergency.
Section 205.
Power to dissolve Nagar Panchayat or Council in certain cases.
Section 206.
Consequence of dissolution.
Section 207.
Decision of disputes between local authorities.
RULES AND BYE-LAWS
Section 208.
Powers of State Government to make rules.
Section 209.
Power of municipality to frame bye-laws.
Section 210.
Additional power to frame bye-laws in hill areas.
Section 211.
Confirmation of bye-laws.
Section 212.
Publication of bye-laws.
Section 213.
Model bye-laws.
MISCELLANEOUS
Section 214.
Validity of acts and proceedings.
Section 215.
Petition for challenging election.
Section 216.
Power to make rules for election and election petition.
Section 217.
Bar of jurisdiction of Civil Courts in election matters.
Section 218.
Election to the municipalities.
Section 219.
Electoral roll for a municipal area.
Section 220.
Conditions for registration as a voter.
Section 221.
Power to remove difficulties.
Section 222.
Overriding effect of the provisions of the Act.
Section 223.
Mode of proof of municipal record and fee for certified copy.
Section 224.
Restriction on the summoning of municipal servants to produce documents.
Section 225.
Penalty for violating the provision of this Act.
Section 226.
Public servants.
Section 227.
District Planning Committee.
Section 228.
Committee for Metropolitan Planning.
Section 229.
Delegation of powers of State Government.
Section 230.
Repeal of Manipur Act 26 of 1976 and saving.
Section 231.
Repeal and saving.