The MANIPUR MUNICIPALITIES ACT, 1994

PRELIMINARY

Section 1 — Short title, extent and commencement.

(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 into force on the 24th day of May, 1994.

Browse all 232 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions.
  3. 3.Constitution of municipalities.
  4. 4.Effect of exclusion of local area from municipality.
  5. 5.Election and maintenance of boundary marks.
  6. 6.Incorporation of Nagar Panchayat.
  7. 7.Composition of Nagar Panchayat.
  8. 8.Application of certain provisions relating to Council in case of Nagar Panchayat.
  9. 9.Chairperson and Vice-Chairperson of Nagar Panchayat.
  10. 10.Election of Chairperson and Vice-Chairpersons.
  11. 11.Resignation by Chairperson, Vice Chairperson and Councillor.
  12. 12.Remuneration to Chairperson and Vice-Chairperson.
  13. 13.Incorporation of Municipal Council.
  14. 14.Municipal administration.
  15. 15.Composition of Council.
  16. 16.Constitution and composition of Wards Committees.
  17. 17.Reservation of seats.
  18. 18.Allocation of reserved seats and delimitation of wards.
  19. 19.Disqualifications for membership.
  20. 20.Oath of office.
  21. 21.Appointment of administrator.
  22. 22.Duration of municipalities, etc.
  23. 23.Every Council to have Chairperson and a Vice-Chairperson.
  24. 24.Election of Chairperson.
  25. 25.Election of Vice-Chairperson.
  26. 26.Chairperson and Vice-Chairperson cease to hold office as such.
  27. 27.Filling up of vacancies and term of office of persons filling up the vacancy.
  28. 28.Resignation by Chairperson, Vice-Chairperson and Councillor.
  29. 29.Removal of Councillors.
  30. 30.Effect of removal of a Councillor.
  31. 31.No-confidence motion against Chairperson or Vice-Chairperson.
  32. 32.Grant of leave of absence to Chairperson or Vice-Chairperson.
  33. 33.Powers and functions of the Chairperson.
  34. 34.Function of Vice-Chairperson.
  35. 35.Remuneration of Chairperson and Vice-Chairperson.
  36. 36.Powers, authority and responsibilities of municipalities.
  37. 37.Obligatory functions of the municipality.
  38. 38.Special duties of municipalities.
  39. 39.Discretionary functions of municipality.
  40. 40.Management of public institution by municipality to vest in it.
  41. 41.Appointment of Executive Officers.
  42. 42.Main functions of the Executive Officer.
  43. 43.Appointment of Health Officer, Revenue Officer and Engineer.
  44. 44.Power of Nagar Panchayat and Council to determine strength of its employees.
  45. 45.Power of Nagar Panchayat and Council to appoint its officers and employees.
  46. 46.Disciplinary action against employees of Nagar Panchayat and Council and conditions of their services, etc.
  47. 47.Gratuity and pension.
  48. 48.Power to make rules.
  49. 49.Meeting of a Nagar Panchayat or of a Council.
  50. 50.Chairperson of meeting.
  51. 51.Manner of deciding questions.
  52. 52.Adjournment of meeting in the absence of quorum.
  53. 53.Minutes of proceedings.
  54. 54.Modification and cancellation of resolution.
  55. 55.Right of Government Officers to attend, address and take part in the meeting of the Nagar Panchayat or of the Council.
  56. 56.Appointment of Committees.
  57. 57.Chairperson of Committee.
  58. 58.Liability for loss, waste or misapplication of funds and property.
  59. 59.Disqualifications of Councillors having share or interest in contract.
  60. 60.Penalty in case Councillors, executive officer, etc., having interest in a contract, etc., with the Nagar Panchayat or Council.
  61. 61.Disqualification from voting.
  62. 62.Municipal property and vesting thereof.
  63. 63.Transfer of municipal property.
  64. 64.Execution of contracts.
  65. 65.Transfer of private roads, etc., to Nagar Panchayat or Council.
  66. 66.Acquisition of land.
  67. 67.Formation and custody for municipal fund.
  68. 68.Credit of moneys to the municipal fund.
  69. 69.Powers of the Nagar Panchayat or of the Council to borrow money.
  70. 70.Application of municipal property and fund.
  71. 71.Budget.
  72. 72.Accounts and audit.
  73. 73.Finance Commission for municipalities.
  74. 74.Power to impose taxes by and the funds of the municipalities.
  75. 75.Taxes which may be imposed.
  76. 76.Tax on Government holdings.
  77. 77.Restriction regarding tax on holding.
  78. 78.Collection of taxes are subject to bye-law, etc.
  79. 79.Nagar Panchayat or Council to determine the valuation of holding.
  80. 80.Returns required for ascertaining annual value.
  81. 81.Penalty for default in furnishing return and for obstruction of assessor.
  82. 82.Determination of annual value of holdings.
  83. 83.Determination of rate of tax on holding.
  84. 84.Preparation of assessment register.
  85. 85.Powers to assess consolidated tax for building and land on which it stands.
  86. 86.Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register.
  87. 87.Notice to be given to Chairperson of transfers of title of persons liable of payment of tax.
  88. 88.Revisions of valuation list.
  89. 89.Appointment of assessor and power of State Government to direct the appointment of assessor.
  90. 90.Revision of assessment register.
  91. 91.Effect of revision of assessment register.
  92. 92.Exemptions and remission.
  93. 93.Power of assessor.
  94. 94.Publication of notice of assessment.
  95. 95.Application for review.
  96. 96.Procedure for review.
  97. 97.Limitation of time for application for review.
  98. 98.Assessment to be questioned only under Act.
  99. 99.Tax not invalid for want of form.
  100. 100.Procedure for imposing taxes, recovery of claims, etc.
  101. 101.Recovery from occupier of tax due from non-resident.
  102. 102.Recovery from owner of occupier’s tax in certain cases.
  103. 103.Recovery by owner of occupier’s tax paid by owner.
  104. 104.Method of recovery by owner.
  105. 105.Penalty.
  106. 106.Municipality may compound with livery stable keepers.
  107. 107.Rents, tolls and fees in respect of markets.
  108. 108.Recovery of taxes as arrears of land revenue.
  109. 109.Power to sell unclaimed holdings for money due.
  110. 110.Writing off irrecoverable sums due to the Nagar Panchayat or to the Council.
  111. 111.Power to make roads.
  112. 112.Power to repair, etc., of private road, drains, etc.
  113. 113.Prohibition of use of public roads by a class of animals, carts or vehicles.
  114. 114.Penalty for encroachment on public roads, etc.
  115. 115.Use of public road or place by vendors and other person and penalty thereof.
  116. 116.Power to remove obstructions, encroachments and projections in or on public road, etc.
  117. 117.Procedure when person who erected obstruction cannot be found.
  118. 118.Projections from buildings to be removed.
  119. 119.Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment summarily on requisition by the Government.
  120. 120.Effect of order made under section 116, 117, 118 or 119.
  121. 121.Nagar Panchayat or Council may require land holders to trim hedges, etc.
  122. 122.Penalty for disobeying requisition under section 116, 117, 118 or 119.
  123. 123.Names of public roads and number of buildings.
  124. 124.Erection of building without sanction.
  125. 125.Special provision for cases where bye-laws have not been made.
  126. 126.Powers of Nagar Panchayat or the Council to sanction or refuse.
  127. 127.Lapse of sanction.
  128. 128.Penalty for building without or in contravention of sanction.
  129. 129.Power of a Nagar Panchayat or a Council in case of disobedience.
  130. 130.Roofs and external walls not to be made of inflammable materials.
  131. 131.Power to attach brackets for lamps.
  132. 132.Building unfit for human habitation.
  133. 133.Pending of building in dangerous state.
  134. 134.Nagar Panchayat or Council may require owners to pull down ruins.
  135. 135.Penalty for disobeying requisition under sections 133 and 134.
  136. 136.Compensation for prohibition of erection or re-erection.
  137. 137.Power to require owners to clear noxious vegetation.
  138. 138.Power to require owners to improve bad drainage.
  139. 139.Power to require unwholesome tanks or private premises to be cleansed or drained.
  140. 140.Wells, tanks, etc., to be secured.
  141. 141.Penalty for disobeying requisition under sections 137, 138, 139 and 140.
  142. 142.Power of Government to prohibit cultivation, use of manure, or irrigation injurious to health.
  143. 143.Public latrines and urinals.
  144. 144.Power to demolish unauthorised drains leading into public.
  145. 145.Penalty for allowing water of any sewer, etc., to run on any public road.
  146. 146.Power to require owner to drain land.
  147. 147.Penalty for disobeying requisition under section 146.
  148. 148.Establishment for removal of sewage, offensive matter and rubbish.
  149. 149.Sewerage scheme.
  150. 150.Removal of sewage, offensive material, rubbish.
  151. 151.Penalty for placing rubbish on public road.
  152. 152.Penalty on occupier for not removing filth, etc.
  153. 153.Penalty for throwing offensive matter on public roads, etc.
  154. 154.Power of servants of the Nagar Panchayat or of the Council.
  155. 155.Supply of drinking water.
  156. 156.Removal of latrines, etc., near any source of water supply.
  157. 157.Owner or occupier to take steps to prevent spread of infectious disease.
  158. 158.Unauthorised construction or tree over drain or water-works.
  159. 159.Powers in respect of burial and burning places.
  160. 160.Burial of paupers and unclaimed dead bodies.
  161. 161.Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased.
  162. 162.Establishment of markets.
  163. 163.Power to remove persons from municipal market.
  164. 164.Places for slaughter of animals for sale.
  165. 165.Inspection before and after slaughter.
  166. 166.Licencing of butcher.
  167. 167.Regulation of offensive trades.
  168. 168.Certain offensive and dangerous trades not to be established within the limits to be fixed by the municipality without licence.
  169. 169.Cinemas, dramatic performances, circuses, etc.
  170. 170.Cancellation, revocation, etc., of licences.
  171. 171.Publication of order of refusal, suspension of licences.
  172. 172.Power to close market, tea-stall, etc.
  173. 173.Penalty for failure to give information of cholera.
  174. 174.Disinfection of building and articles.
  175. 175.Penalty for letting infected house.
  176. 176.Power of entry for purpose of preventing spread of disease.
  177. 177.Removal to hospital of patients suffering from infectious disease.
  178. 178.Municipality to provide places for recreation.
  179. 179.Function and powers in regard to pounds.
  180. 180.Service of notice.
  181. 181.Reasonable time for act to be fixed.
  182. 182.Service of notice on owner or occupier of land.
  183. 183.Procedure when owners or occupiers are required by Nagar Panchayat or the Council to execute works.
  184. 184.Person required to execute any work may prefer objection to the municipality.
  185. 185.Procedure if person objecting alleges that work will cost more than three thousand rupees.
  186. 186.Chairperson, Vice-Chairperson to make order after hearing objection.
  187. 187.Power of municipality on failure of persons to execute works.
  188. 188.Power to apportion expenses among owners and occupiers.
  189. 189.Apportionment among owners and occupiers.
  190. 190.Occupiers may recover cost of works executed at their expenses from owners.
  191. 191.Power to enter upon, possession of houses so repaired.
  192. 192.Sale of materials of houses pulled down.
  193. 193.Cognizance.
  194. 194.Offences under the Act compoundable.
  195. 195.Power and duties of police in respect of offences.
  196. 196.Appeals from order refusing licences.
  197. 197.Appeals from orders in other cases.
  198. 198.Appeal not to be dismissed without giving reasonable opportunity.
  199. 199.Dispute as to compensation payable by municipality.
  200. 200.Indemnity.
  201. 201.Bar of suits in absence of notice.
  202. 202.Control by Deputy Commissioner.
  203. 203.Power to suspend action under the Act.
  204. 204.Powers of Deputy Commissioner in case of emergency.
  205. 205.Power to dissolve Nagar Panchayat or Council in certain cases.
  206. 206.Consequence of dissolution.
  207. 207.Decision of disputes between local authorities.
  208. 208.Powers of State Government to make rules.
  209. 209.Power of municipality to frame bye-laws.
  210. 210.Additional power to frame bye-laws in hill areas.
  211. 211.Confirmation of bye-laws.
  212. 212.Publication of bye-laws.
  213. 213.Model bye-laws.
  214. 214.Validity of acts and proceedings.
  215. 215.Petition for challenging election.
  216. 216.Power to make rules for election and election petition.
  217. 217.Bar of jurisdiction of Civil Courts in election matters.
  218. 218.Election to the municipalities.
  219. 219.Electoral roll for a municipal area.
  220. 220.Conditions for registration as a voter.
  221. 221.Power to remove difficulties.
  222. 222.Overriding effect of the provisions of the Act.
  223. 223.Mode of proof of municipal record and fee for certified copy.
  224. 224.Restriction on the summoning of municipal servants to produce documents.
  225. 225.Penalty for violating the provision of this Act.
  226. 226.Public servants.
  227. 227.District Planning Committee.
  228. 228.Committee for Metropolitan Planning.
  229. 229.Delegation of powers of State Government.
  230. 230.Repeal of Manipur Act 26 of 1976 and saving.
  231. 231.Repeal and saving.
  232. SCH-THE SCHEDULE.THE SCHEDULE