The Manipur (Hill Areas) District Councils Act, 1971
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 Power to exempt from taxation.
A District Council may, with the previous approval of the Administrator, by notification in the Official Gazette, remit or reduce any tax or fee or exempt any persons or class of persons or any description of property, wholly or in part, from liability to any tax or fee and cancel any such remission, reduction or exemption.
Section 42 Recoveries of moneys claimable by the Council.
(1) Save as provided by section 37, all moneys claimable by a District Council may be recovered on an application to a Magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys.
(2) An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council.
(2) An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council.
Section 43 Council Fund.
(1) All moneys received by or on behalf of a District Council under the provisions of this Act or any other law for the time being in force shall be credited to a fund which shall be called the "Council Fund" and it shall be held by the District Council in trust for the purposes of this Act.
(2) All expenditure of the Council shall be defrayed out of the Council Fund.
(3) The Administrator may make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.
(4) The accounts of a District Council shall be kept in such form as may be prescribed.
(5) The accounts of a District Council shall be audited in such manner as may be prescribed.
(2) All expenditure of the Council shall be defrayed out of the Council Fund.
(3) The Administrator may make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.
(4) The accounts of a District Council shall be kept in such form as may be prescribed.
(5) The accounts of a District Council shall be audited in such manner as may be prescribed.
Section 44 Property vested in District Council.
Subject to any order of the Administrator, all property of the nature specified below and situated in the autonomous district shall vest in and belong to the District Council for which it is constituted and shall, with all other property which may become vested in the Council, be under its direction, management and control and shall be held and applied for the purposes of this Act—
(a) all public buildings, constructed or maintained out of the Council Fund;
(b) all public roads which have been constructed or are maintained out of the Council Fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads;
(c) all land or other property transferred to the District Council by the Administrator or by gift, sale or otherwise for public purposes.
(a) all public buildings, constructed or maintained out of the Council Fund;
(b) all public roads which have been constructed or are maintained out of the Council Fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads;
(c) all land or other property transferred to the District Council by the Administrator or by gift, sale or otherwise for public purposes.
Section 45 Budget.
(1) A District Council shall, on or before a prescribed day in each year submit to the Administrator an estimate of the income and expenditure of the Council for the next financial year in such form as may be prescribed.
(2) The Administrator may, on or before a prescribed day, return the estimate of the Council with or without modifications.
(3) When a budget is returned with modifications under sub-section (2), the Council shall consider the proposed modifications, take a decision thereon and report the same to the Administrator.
(4) The budget estimate finally adopted by the Council shall be the budget of the District Council.
(5) Any subsequent alteration in the budget or reappropriation or transfer of provision within the estimate shall be made with the approval of the Administrator.
(2) The Administrator may, on or before a prescribed day, return the estimate of the Council with or without modifications.
(3) When a budget is returned with modifications under sub-section (2), the Council shall consider the proposed modifications, take a decision thereon and report the same to the Administrator.
(4) The budget estimate finally adopted by the Council shall be the budget of the District Council.
(5) Any subsequent alteration in the budget or reappropriation or transfer of provision within the estimate shall be made with the approval of the Administrator.
Section 46 Control.
(1) It shall be the duty of the Chairman of a District Council to furnish to the Deputy Commissioner a copy of the proceedings of the meetings of the Council and such other information as the Deputy Commissioner may require.
(2) The Deputy Commissioner shall have the power to give to any District Council all such directions as he may consider necessary in respect of subjects, curricula, text books and standards of teaching in schools vested wholly or partly in the Council and in schools wholly or partly maintained by grants payable from the Council Fund and the Council shall comply with such directions.
(3) The Deputy Commissioner may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any District Council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the District Council, if, in his opinion, the resolution, order or act is in excess of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of persons:
Provided that the Council may, within fifteen days of the date of the order of the Deputy Commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order which has been suspended or the doing of the act has been prohibited.
(4) When the Deputy Commissioner makes any order as aforesaid, he shall forthwith send a copy of it to the Administrator with a statement of the reasons for making it and forward in due course to the Administrator the explanation, if any, offered by the Council and the Administrator may, thereupon, confirm, modify or rescind the order of the Deputy Commissioner.
(2) The Deputy Commissioner shall have the power to give to any District Council all such directions as he may consider necessary in respect of subjects, curricula, text books and standards of teaching in schools vested wholly or partly in the Council and in schools wholly or partly maintained by grants payable from the Council Fund and the Council shall comply with such directions.
(3) The Deputy Commissioner may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any District Council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the District Council, if, in his opinion, the resolution, order or act is in excess of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of persons:
Provided that the Council may, within fifteen days of the date of the order of the Deputy Commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order which has been suspended or the doing of the act has been prohibited.
(4) When the Deputy Commissioner makes any order as aforesaid, he shall forthwith send a copy of it to the Administrator with a statement of the reasons for making it and forward in due course to the Administrator the explanation, if any, offered by the Council and the Administrator may, thereupon, confirm, modify or rescind the order of the Deputy Commissioner.
Section 47 Supersession of District Council.
(1) If, on receipt of a report from the Deputy Commissioner or otherwise, the Administrator is of opinion that—
(a) any District Council is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this Act or any other law; or
(b) any District Council exceeds or abuses its powers; or
(c) the financial position and credit position of any District Council is seriously threatened; or
(d) a situation has arisen in which the administration of any District Council cannot be carried on in accordance with the provisions of this Act,
the Administrator may, by an order published, together with a statement of reasons therefor, in the Official Gazette, supersede such Council for such period, not exceeding one year, as may be specified in the order:
Provided that before making an order of supersession as aforesaid under clause (a) or clause (b) or clause (c), reasonable opportunity shall be given to such Council to show cause why such order of supersession should not be made:
Provided further that the period of supersession may be extended for any further period or periods not exceeding six months at a time in consultation with the Hill Areas Committee.
(2) When any District Council is superseded by an order under sub-section (1),—
(a) all the members of the Council (including the Chairman and Vice-Chairman thereof) shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for election or nomination under clause (d);
(b) during the period of supersession of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law shall be exercised and performed by such officer or authority as the Administrator may appoint in this behalf;
(c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government;
(d) before the expiry of the period of supersession, election or nomination, as the case may be, of members to the Council shall be held or made for the purpose of reconstituting the Council.
(a) any District Council is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this Act or any other law; or
(b) any District Council exceeds or abuses its powers; or
(c) the financial position and credit position of any District Council is seriously threatened; or
(d) a situation has arisen in which the administration of any District Council cannot be carried on in accordance with the provisions of this Act,
the Administrator may, by an order published, together with a statement of reasons therefor, in the Official Gazette, supersede such Council for such period, not exceeding one year, as may be specified in the order:
Provided that before making an order of supersession as aforesaid under clause (a) or clause (b) or clause (c), reasonable opportunity shall be given to such Council to show cause why such order of supersession should not be made:
Provided further that the period of supersession may be extended for any further period or periods not exceeding six months at a time in consultation with the Hill Areas Committee.
(2) When any District Council is superseded by an order under sub-section (1),—
(a) all the members of the Council (including the Chairman and Vice-Chairman thereof) shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for election or nomination under clause (d);
(b) during the period of supersession of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law shall be exercised and performed by such officer or authority as the Administrator may appoint in this behalf;
(c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government;
(d) before the expiry of the period of supersession, election or nomination, as the case may be, of members to the Council shall be held or made for the purpose of reconstituting the Council.
Section 48 Effect of certain provisions during the period when the Hill Areas Committee is not functioning.
Where at any time, consequent on the dissolution of the Legislative Assembly of the Union territory of Manipur, the Hill Areas Committee is not functioning, then, during the period when such Committee is not functioning,—
(i) section 3 shall have effect as if sub-section (3) thereof had been omitted;
(ii) clause (xvii) of section 29 and the second proviso to sub-section (1) of section 47 have effect as if the words "in consultation with the Hill Areas Committee" had been omitted therefrom.
(i) section 3 shall have effect as if sub-section (3) thereof had been omitted;
(ii) clause (xvii) of section 29 and the second proviso to sub-section (1) of section 47 have effect as if the words "in consultation with the Hill Areas Committee" had been omitted therefrom.
Section 49 Penalty for obstruction.
If any person wilfully obstructs a District Council or any officer or servant of a District Council or any person authorised by the District Council in the exercise of its powers, he shall be punishable with fine which may extend to fifty rupees.
Section 50 Penalty for entering into any contract with the Council.
If any member, officer or other employee of a District Council enters into any contract with the Council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (45 of 1860).
Section 51 Power of Administrator to make rules.
(1) Without prejudice to the power to make rules under any other provision of this Act, the Administrator may, after previous publication, make, by notification in the Official Gazette, rules for the purpose of carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(i) regulate the conduct of business of a District Council;
(ii) prescribe the forms in which the budget estimate is to be prepared and the dates for the various stages of its completion;
(iii) determine the language in which the business of a District Council will be transacted;
(iv) regulate the powers of a District Council to transfer property;
(v) regulate the powers of a District Council to contract and do other things necessary for the purposes of its constitution and the mode of executing contracts;
(vi) regulate the employment, payment, suspension and removal of officers and staff of a District Council;
(vii) protect the terms and conditions of service of Government servants transferred to a District Council;
(viii) prescribe the forms for statements, registers, estimates and accounts of a District Council and regulate the keeping, checking and publication of such accounts;
(ix) prescribe the authority by whom and the manner in which the accounts of a District Council shall be audited; and
(x) provide for any other matter for which rules have to be made under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(i) regulate the conduct of business of a District Council;
(ii) prescribe the forms in which the budget estimate is to be prepared and the dates for the various stages of its completion;
(iii) determine the language in which the business of a District Council will be transacted;
(iv) regulate the powers of a District Council to transfer property;
(v) regulate the powers of a District Council to contract and do other things necessary for the purposes of its constitution and the mode of executing contracts;
(vi) regulate the employment, payment, suspension and removal of officers and staff of a District Council;
(vii) protect the terms and conditions of service of Government servants transferred to a District Council;
(viii) prescribe the forms for statements, registers, estimates and accounts of a District Council and regulate the keeping, checking and publication of such accounts;
(ix) prescribe the authority by whom and the manner in which the accounts of a District Council shall be audited; and
(x) provide for any other matter for which rules have to be made under this Act.
Section 52 Power to make bye-laws.
(1) Subject to the provisions of this Act and of the rules made thereunder, a District Council may make bye-laws to provide for all or any of the following matters in the autonomous district for which it is constituted or in any part thereof, namely:—
(a) the maintenance and management of schools and grants of stipends and scholarships;
(b) control and administration of dispensaries, their construction and repairs, the supply of medicines and the measures to be taken during the prevalence of diseases;
(c) the protection from pollution of such tanks, springs, wells or parts of rivers, streams, channels or water courses as are set apart for drinking or culinary purposes;
(d) any other matter which is necessary for carrying out all or any of the provisions of this Act and the rules made thereunder.
(2) A bye-law made under sub-section (1) shall not have effect until it has been confirmed by the Administrator and published in such manner as he may direct.
(3) The Administrator, in confirming a bye-law, may make any change therein which appears to him to be necessary.
(a) the maintenance and management of schools and grants of stipends and scholarships;
(b) control and administration of dispensaries, their construction and repairs, the supply of medicines and the measures to be taken during the prevalence of diseases;
(c) the protection from pollution of such tanks, springs, wells or parts of rivers, streams, channels or water courses as are set apart for drinking or culinary purposes;
(d) any other matter which is necessary for carrying out all or any of the provisions of this Act and the rules made thereunder.
(2) A bye-law made under sub-section (1) shall not have effect until it has been confirmed by the Administrator and published in such manner as he may direct.
(3) The Administrator, in confirming a bye-law, may make any change therein which appears to him to be necessary.
Section 53 Penalty for infringement of rules or bye-laws.
(1) In making any rule, the Administrator, and in making any bye-law, a District Council, may direct that the breach of the same shall be punishable with fine which may extend to one hundred rupees and in the case of a continuing breach with a further fine which may extend to ten rupees of every day during which the breach is continued after the offender has been convicted of such breach.
(2) In default of payment of any fine, the defaulter shall be punishable with imprisonment for a term which may extend to fifteen days.
(2) In default of payment of any fine, the defaulter shall be punishable with imprisonment for a term which may extend to fifteen days.