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The Manipur Municipalities Act, 1994

[Act No. 43 of 1994]

[8th July, 1994.]

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

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