The Manipur Municipalities Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 201 Bar of suits in absence of notice.
(1) No suit or other legal proceeding, not being a criminal proceeding, shall be instituted against any Nagar Panchayat or Council, or any of its officers in respect of any act purporting to be done by such officer in his official capacity, or any person acting under its direction, until the expiry of two months next after notice in writing has been delivered to or left at the office of--
(a) in the case of a suit against the Nagar Panchayat or Council, the Executive Officer;
(b) in the case of an officer, the officer against whom the suit or proceeding is instituted and, in the case of any person acting under its direction, delivered to him at his place of residence or business stating the cause of action, the name, description and place of residence of the plaintiff or the petitioner and the relief which he claims; and the plaint or the petition shall contain a statement that such notice has been so delivered or left.
Explanation.--In this section "Officer" includes the Chairperson and the Vice-Chairperson.
(2) Every such action shall be commenced within three months next after the arising of the cause of action, and not afterwards.
(a) in the case of a suit against the Nagar Panchayat or Council, the Executive Officer;
(b) in the case of an officer, the officer against whom the suit or proceeding is instituted and, in the case of any person acting under its direction, delivered to him at his place of residence or business stating the cause of action, the name, description and place of residence of the plaintiff or the petitioner and the relief which he claims; and the plaint or the petition shall contain a statement that such notice has been so delivered or left.
Explanation.--In this section "Officer" includes the Chairperson and the Vice-Chairperson.
(2) Every such action shall be commenced within three months next after the arising of the cause of action, and not afterwards.
Section 202 Control by Deputy Commissioner.
The Deputy Commissioner or the Director or any officer so empowered by the Government in this behalf may at any time--
(i) enter into and inspect, or cause any other person to enter into or inspect--
(a) any immovable property in the occupation of, or
(b) any work in progress under, or
(c) any institution under the control and administration of the Nagar Panchayat, or as the case may be, the Council; and
(ii) call for inspection of any book or document which may be, for the purpose of this Act, in the possession or under the control of the Nagar Panchayat or, as the case may be, the Council.
(i) enter into and inspect, or cause any other person to enter into or inspect--
(a) any immovable property in the occupation of, or
(b) any work in progress under, or
(c) any institution under the control and administration of the Nagar Panchayat, or as the case may be, the Council; and
(ii) call for inspection of any book or document which may be, for the purpose of this Act, in the possession or under the control of the Nagar Panchayat or, as the case may be, the Council.
Section 203 Power to suspend action under the Act.
(1) The Government, or the Deputy Commissioner may, by order in writing, suspend the execution of any resolution or order of the municipality or prohibit the doing of any act which is about to be done or is being done, in pursuance of, or under this Act, or in pursuance of any sanction or permission granted by the municipality in the exercise of their powers under this Act, if in its or his opinion, the resolution, order or act is contrary to the public interest or 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 serious breach of the peace, or to cause serious injury or annoyance to the public, or to any class or body of persons.
(2) When the Deputy Commissioner makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the Government.
(3) The Government may obtain the views of the Director and thereupon either rescind the order or direct that it continues in force with such modification and for such period as it may deem fit.
(2) When the Deputy Commissioner makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the Government.
(3) The Government may obtain the views of the Director and thereupon either rescind the order or direct that it continues in force with such modification and for such period as it may deem fit.
Section 204 Powers of Deputy Commissioner in case of emergency.
(1) If, in any case of emergency, the Deputy Commissioner upon the recommendation of the concerned technical advisor immediately, available, is of opinion that the immediate execution of any work or the immediate doing of any act which the Nagar Panchayat or the Council, whether at a meeting or otherwise, are empowered to execute or do, is necessary for the health or safety of the public, he may call upon the Nagar Panchayat or the Council to execute the work within such time as he may appoint. If such work is not executed within such period he may appoint some other person to execute the work or do the act immediately.
(2) The Deputy Commissioner shall forthwith report to the Government every case in which he uses the powers conferred on him under sub-section (1) whereupon the Government may pass such order as it may deem fit.
(3) Where any person is appointed under sub-section (1), the Deputy Commissioner may direct that the expense of performing the duty, executing the work or doing the act, together with reasonable remuneration, if any, to the person so appointed, shall forthwith be paid by the Nagar Panchayat or by the Council.
(4) Where such expense and remuneration are not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the Municipal Fund to pay the expense and remuneration, or so much thereof as is possible from the balance, in priority to any or all other charge, and such person shall make payment accordingly.
(2) The Deputy Commissioner shall forthwith report to the Government every case in which he uses the powers conferred on him under sub-section (1) whereupon the Government may pass such order as it may deem fit.
(3) Where any person is appointed under sub-section (1), the Deputy Commissioner may direct that the expense of performing the duty, executing the work or doing the act, together with reasonable remuneration, if any, to the person so appointed, shall forthwith be paid by the Nagar Panchayat or by the Council.
(4) Where such expense and remuneration are not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the Municipal Fund to pay the expense and remuneration, or so much thereof as is possible from the balance, in priority to any or all other charge, and such person shall make payment accordingly.
Section 205 Power to dissolve Nagar Panchayat or Council in certain cases.
If in the opinion of the Government, a Nagar Panchayat or a Council, as the case may be, is not competent to perform or persistently make default in the performance of the obligatory duties imposed upon it by or under this Act or exceed or abuse its power the Government may by notification, stating the reasons for so doing declare such Nagar Panchayat or Council to be incompetent or in default or to have exceeded or abused its power, as the case may be, and dissolve such Nagar Panchayat or Council:
Provided that a Nagar Panchayat or a Council, as the case may be, shall be given a reasonable opportunity of being heard before its dissolution:
Provided further that when a Nagar Panchayat or a Council, as the case may be, is dissolved, the Government may appoint any person or persons to exercise and perform the powers and duties of the Nagar Panchayat or the Council during the period of dissolution until the new Nagar Panchayat or the Council, as the case may be, is constituted:
Provided also that the Government shall, before the expiry of a period of six months from the date of dissolution of the Nagar Panchayat or the Council, cause fresh elections to be held for the constitution of a new Nagar Panchayat or a new Council.
Provided that a Nagar Panchayat or a Council, as the case may be, shall be given a reasonable opportunity of being heard before its dissolution:
Provided further that when a Nagar Panchayat or a Council, as the case may be, is dissolved, the Government may appoint any person or persons to exercise and perform the powers and duties of the Nagar Panchayat or the Council during the period of dissolution until the new Nagar Panchayat or the Council, as the case may be, is constituted:
Provided also that the Government shall, before the expiry of a period of six months from the date of dissolution of the Nagar Panchayat or the Council, cause fresh elections to be held for the constitution of a new Nagar Panchayat or a new Council.
Section 206 Consequence of dissolution.
An order of dissolution shall have the following consequences, namely:--
(a) all the Councillors of the Nagar Panchayat or of the Council shall, as from the date of order, vacate their offices as such Councillors;
(b) all the powers and duties which under the Act may be exercised and performed by the Nagar Panchayat or the Council, whether at a meeting or otherwise, shall, during the period of dissolution, be exercised and performed by such person or persons as the Government may direct;
(c) all property vested in such Nagar Panchayat or the Council shall, during the period of dissolution, vest in the Government.
(a) all the Councillors of the Nagar Panchayat or of the Council shall, as from the date of order, vacate their offices as such Councillors;
(b) all the powers and duties which under the Act may be exercised and performed by the Nagar Panchayat or the Council, whether at a meeting or otherwise, shall, during the period of dissolution, be exercised and performed by such person or persons as the Government may direct;
(c) all property vested in such Nagar Panchayat or the Council shall, during the period of dissolution, vest in the Government.
Section 207 Decision of disputes between local authorities.
(1) When a dispute arises between a Nagar Panchayat or a Council or any other local authority on any matter which they are jointly interested, such dispute shall be referred to Government, whose decision shall be final.
(2) The Government may regulate by rules made under this Act the relation to be observed between a Nagar Panchayat or a Council and other local authorities in any matter in which they are jointly interested.
(2) The Government may regulate by rules made under this Act the relation to be observed between a Nagar Panchayat or a Council and other local authorities in any matter in which they are jointly interested.
Section 208 Powers of State Government to make rules.
(1) The Government may, by notification and subject to the condition of previous publication, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--
(i) manner in which the minutes of the proceedings of a meeting of a Nagar Panchayat or a Council or its committees shall be recorded and published;
(ii) form and manner in which the accounts of receipts and expenditures of a Nagar Panchayat or a Council shall be kept;
(iii) form and manner in which the annual budget of a Nagar Panchayat or a Council shall be prepared;
(iv) manner in which returns, statements and reports by a Nagar Panchayat or a Council shall be submitted;
(v) matter not specifically provided for in this Act for the valuation of holdings, for the assessment, collection and refund of taxes imposed under this Act;
(vi) determination of fees payable upon distraint warrant under this Act;
(vii) regulation, management and inspection of the working systems of water-supply, lighting, drainage or sewerage provided, established or maintained by or under the control and administration of a Nagar Panchayat or a Council;
(viii) form and procedure for taking oath or affirmation by Chairperson, Vice-Chairperson and Councillor the authority who shall administer oath or affirmation; and
(ix) manner in which bye-laws shall be published after confirmation by the Government.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--
(i) manner in which the minutes of the proceedings of a meeting of a Nagar Panchayat or a Council or its committees shall be recorded and published;
(ii) form and manner in which the accounts of receipts and expenditures of a Nagar Panchayat or a Council shall be kept;
(iii) form and manner in which the annual budget of a Nagar Panchayat or a Council shall be prepared;
(iv) manner in which returns, statements and reports by a Nagar Panchayat or a Council shall be submitted;
(v) matter not specifically provided for in this Act for the valuation of holdings, for the assessment, collection and refund of taxes imposed under this Act;
(vi) determination of fees payable upon distraint warrant under this Act;
(vii) regulation, management and inspection of the working systems of water-supply, lighting, drainage or sewerage provided, established or maintained by or under the control and administration of a Nagar Panchayat or a Council;
(viii) form and procedure for taking oath or affirmation by Chairperson, Vice-Chairperson and Councillor the authority who shall administer oath or affirmation; and
(ix) manner in which bye-laws shall be published after confirmation by the Government.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 209 Power of municipality to frame bye-laws.
(1) A municipality may, frame bye-laws consistent with the provisions of this Act and the rules made thereunder for carrying out the provisions of this Act, for--
(i) any matter in respect of which power to frame bye-laws is conferred expressely on the municipalilty under this Act;
(ii) regulating traffic, and preventing obstructions and encroachments and unisances on or near public roads, or on or near pontoons bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water;
(iii) prescribing a minimum width of wheel-tyres or a minimum diameter and the maximum wheel-tracks or wheels for different classes of carts and carriage kept or used within the municipality;
(iv) prescribing the manner in which notice of the intention to erect, re-erect, materially alter a building shall be given to the municipality;
(v) requiring that with every such notice shall be furnished with a site-plan of the land on which it is intended to erect, re-erect or materially alter such building and plan and specification, and in the case of erection or re-erection of a building, estimate also of the cost of construction (excluding cost of land and its improvement) of the building, all such characters and with such details as the bye-laws may require in respect of all or any of the following matters, viz.--
(a) free passage or way in front of the building;
(b) space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire;
(c) provision and position of latrines, privies, urinals, cesspools or drains;
(d) level and width of foundation, level of the lowest floor, and stability of the structure; and
(e) the line of frontage with neighbouring buildings, it the building abuts on a public road;
(vi) regulating in respect of the erection, re-erection or material alteration of any buildings, within the municipality or part thereof--
(a) the materials and method of construction to be used for external and partition walls, roofs and floors;
(b) the materials and method of construction and position of fire-places, chimneys, latrines, privies, urinals, cesspools and drains;
(c) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;
(d) the space to be left about the building to secure the free circulation of air and for the prevention of fire;
(e) the line of frontage where the building abuts on a public road;
(f) the number and height of the storeys of which the building may consist;
(g) the means to be provided for egress from the building in case of fire;
(h) any other matter affecting the ventilation or sanitation of the building; and
(i) matter concerning sanitary conditions and water pollution of the area;
(vii) preventing the erection of buildings without adequate provisions being made for the laying out and location of roads;
(viii) regulating the level, means of drainage, alignment and width of roads constructed by private persons;
(ix) regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing and washing place, streams, channels, tanks and wells;
(x) regulating, either by granting licences necessary or otherwise, the washing of clothes by professional washerman, and fixing the places in which clothes may be so washed or in which they may not be so washed;
(xi) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing water;
(xii) regulating the cutting of trees and bamboos within the municipality;
(xiii) regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, privies, urinals, cesspools, drains and sewers;
(xiv) providing for the inspection and regulation of markets and for the preparation and exhibition of a price list thereat;
(xv) regulating the hours and manner of transport within the municipality of any specified articles of food or drink;
(xvi) fixing the places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold or exposed for sale and regulating the sale of foodstaff unfit for human consumption;
(xvii) regulating either by granting licences necessary or otherwise, or prohibiting, for the purpose of preventing danger to the public health the stalling or herding of horses, cattle, swine, donkeys, sheep or goats, geese, ducks and fowls;
(xviii) providing for the inspection of milch cattle and prescribing the measures to be taken on the occurrence among them of infections or contagious diseases; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing drainage and water-supply of dairies and cattle-sheds in the occupation of persons carrying on the trade of dairymen or milksellers;
(xix) providing for the inspection and proper regulation of encamping grounds, pounds, serais, or dharmsalas; bakeries and serated water factories, ice factories, flour mills, oil mills, sweet-meat shops, factories and other places in which mechanical or electrical power is employed, and slaughter house;
(xx) preventing nuisances affecting the public health, safety, or convenience in places of public resort for purposes of recreation or amusement;
(xxi) preventing nuisances affecting the public health, safety or convenience;
(xxii) controlling and regulating the use and management of burial and burning grounds and the disposal of corpses;
(xxiii) providing for the holding of fairs and industrial exhibitions within the municipality or under the control of the municipality and for fixing and collecting the fees to be levied thereat;
(xxiv) fixing the conditions on which licences under this Act are to be granted and may be suspended or revoked;
(xxv) preventing and removing any encroachments on any municipal land including markets, drains, roads, etc.;
(xxvi) giving effect to the objects and purposes of this Act and the Municipality may by such bye-laws impose on offenders against any provision of the bye-laws, such reasonable penalties as it may think fit, not continuing offence, a further penalty not exceeding two hundred rupees for each day after written notice of the offence to them from the municipality:
Provided that the above limits of rupees five thousand and rupees two hundred shall not apply to the offences in respect of the bye-laws regulating octroi;
(xxvii) distribution of works among the officers and the members of the staff of the municipality.
(i) any matter in respect of which power to frame bye-laws is conferred expressely on the municipalilty under this Act;
(ii) regulating traffic, and preventing obstructions and encroachments and unisances on or near public roads, or on or near pontoons bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water;
(iii) prescribing a minimum width of wheel-tyres or a minimum diameter and the maximum wheel-tracks or wheels for different classes of carts and carriage kept or used within the municipality;
(iv) prescribing the manner in which notice of the intention to erect, re-erect, materially alter a building shall be given to the municipality;
(v) requiring that with every such notice shall be furnished with a site-plan of the land on which it is intended to erect, re-erect or materially alter such building and plan and specification, and in the case of erection or re-erection of a building, estimate also of the cost of construction (excluding cost of land and its improvement) of the building, all such characters and with such details as the bye-laws may require in respect of all or any of the following matters, viz.--
(a) free passage or way in front of the building;
(b) space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire;
(c) provision and position of latrines, privies, urinals, cesspools or drains;
(d) level and width of foundation, level of the lowest floor, and stability of the structure; and
(e) the line of frontage with neighbouring buildings, it the building abuts on a public road;
(vi) regulating in respect of the erection, re-erection or material alteration of any buildings, within the municipality or part thereof--
(a) the materials and method of construction to be used for external and partition walls, roofs and floors;
(b) the materials and method of construction and position of fire-places, chimneys, latrines, privies, urinals, cesspools and drains;
(c) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;
(d) the space to be left about the building to secure the free circulation of air and for the prevention of fire;
(e) the line of frontage where the building abuts on a public road;
(f) the number and height of the storeys of which the building may consist;
(g) the means to be provided for egress from the building in case of fire;
(h) any other matter affecting the ventilation or sanitation of the building; and
(i) matter concerning sanitary conditions and water pollution of the area;
(vii) preventing the erection of buildings without adequate provisions being made for the laying out and location of roads;
(viii) regulating the level, means of drainage, alignment and width of roads constructed by private persons;
(ix) regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing and washing place, streams, channels, tanks and wells;
(x) regulating, either by granting licences necessary or otherwise, the washing of clothes by professional washerman, and fixing the places in which clothes may be so washed or in which they may not be so washed;
(xi) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing water;
(xii) regulating the cutting of trees and bamboos within the municipality;
(xiii) regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, privies, urinals, cesspools, drains and sewers;
(xiv) providing for the inspection and regulation of markets and for the preparation and exhibition of a price list thereat;
(xv) regulating the hours and manner of transport within the municipality of any specified articles of food or drink;
(xvi) fixing the places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold or exposed for sale and regulating the sale of foodstaff unfit for human consumption;
(xvii) regulating either by granting licences necessary or otherwise, or prohibiting, for the purpose of preventing danger to the public health the stalling or herding of horses, cattle, swine, donkeys, sheep or goats, geese, ducks and fowls;
(xviii) providing for the inspection of milch cattle and prescribing the measures to be taken on the occurrence among them of infections or contagious diseases; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing drainage and water-supply of dairies and cattle-sheds in the occupation of persons carrying on the trade of dairymen or milksellers;
(xix) providing for the inspection and proper regulation of encamping grounds, pounds, serais, or dharmsalas; bakeries and serated water factories, ice factories, flour mills, oil mills, sweet-meat shops, factories and other places in which mechanical or electrical power is employed, and slaughter house;
(xx) preventing nuisances affecting the public health, safety, or convenience in places of public resort for purposes of recreation or amusement;
(xxi) preventing nuisances affecting the public health, safety or convenience;
(xxii) controlling and regulating the use and management of burial and burning grounds and the disposal of corpses;
(xxiii) providing for the holding of fairs and industrial exhibitions within the municipality or under the control of the municipality and for fixing and collecting the fees to be levied thereat;
(xxiv) fixing the conditions on which licences under this Act are to be granted and may be suspended or revoked;
(xxv) preventing and removing any encroachments on any municipal land including markets, drains, roads, etc.;
(xxvi) giving effect to the objects and purposes of this Act and the Municipality may by such bye-laws impose on offenders against any provision of the bye-laws, such reasonable penalties as it may think fit, not continuing offence, a further penalty not exceeding two hundred rupees for each day after written notice of the offence to them from the municipality:
Provided that the above limits of rupees five thousand and rupees two hundred shall not apply to the offences in respect of the bye-laws regulating octroi;
(xxvii) distribution of works among the officers and the members of the staff of the municipality.
Section 210 Additional power to frame bye-laws in hill areas.
(1) A Nagar Panchayat or Council whose municipality is wholly or in part situated in a hilly tract may, in addition to such bye-laws as it may make under the preceding section frame bye-laws for regulating or prohibiting the cutting or destroying of tree; or shrubs or the making of excavations or removal of soil or quarrying, where such regulation or prohibition appears to the Nagar Panchayat or the Council to be necessary for any or all of following purposes:--
(a) the maintenance of water supply;
(b) the preservation of the soil;
(c) the prevention of landslips;
(d) the formation of ravines or torrents;
(e) the protection of land against erosion or the deposit thereon of sand, gravel or stones;
(f) the protection of the beauty or general appearance of the municipality.
(2) The Nagar Panchayat or the Council may, by any bye-law framed under this section, declare that any person commiting a breach of any such bye-law, or failing to comply with any notice issued thereunder, shall be liable to fine which may extend to five hundred rupees and to a further fine, which may extend to two hundred rupees for each day after conviction during which the offence is continued.
(a) the maintenance of water supply;
(b) the preservation of the soil;
(c) the prevention of landslips;
(d) the formation of ravines or torrents;
(e) the protection of land against erosion or the deposit thereon of sand, gravel or stones;
(f) the protection of the beauty or general appearance of the municipality.
(2) The Nagar Panchayat or the Council may, by any bye-law framed under this section, declare that any person commiting a breach of any such bye-law, or failing to comply with any notice issued thereunder, shall be liable to fine which may extend to five hundred rupees and to a further fine, which may extend to two hundred rupees for each day after conviction during which the offence is continued.
Section 211 Confirmation of bye-laws.
(1) The power to frame bye-laws in the Act shall be subject to the condition of previous notification.
(2) No such bye-laws shall come into force until it has been confirmed by the Government.
(3) The Government may cancel its confirmation of any such bye law, and thereupon the bye-law shall cease to have effect.
(2) No such bye-laws shall come into force until it has been confirmed by the Government.
(3) The Government may cancel its confirmation of any such bye law, and thereupon the bye-law shall cease to have effect.
Section 212 Publication of bye-laws.
Every bye-law shall, after confirmation, be published in the prescribed manner.
Section 213 Model bye-laws.
The Government may from time to time frame model bye-laws for any matter in respect of which a municipality is empowered to frame bye-laws under this Act and publish them in the Official Gazette for the guidance of municipality.
Section 214 Validity of acts and proceedings.
(1) No act of the Nagar Panchayat or of the Council or of any of its committees shall be deemed to be invalid by reason of any vacancy in the membership thereof.
(2) Any proceeding of a meeting of the Nagar Panchayat or of Council or of any committee thereof shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.
(2) Any proceeding of a meeting of the Nagar Panchayat or of Council or of any committee thereof shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.
Section 215 Petition for challenging election.
(1) The election of a person to the office of a Councillor shall not be called in question except by a petition to be filed before the Election Tribunal within such time and in such manner as may be prescribed, on the ground that--
(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election; or
(b) that the result of the election has been materially affected--
(i) by the improper acceptance or rejection of any nomination; or
(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
(2) The Election Tribunal constituted under section 103 of the Manipur Panchayati Raj Act, 1994 (26 of 1994), shall also be the Election Tribunal for the purposes of sub-section (1).
(3) The decision of the Election Tribunal shall be final.
(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election; or
(b) that the result of the election has been materially affected--
(i) by the improper acceptance or rejection of any nomination; or
(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
(2) The Election Tribunal constituted under section 103 of the Manipur Panchayati Raj Act, 1994 (26 of 1994), shall also be the Election Tribunal for the purposes of sub-section (1).
(3) The decision of the Election Tribunal shall be final.
Section 216 Power to make rules for election and election petition.
For the purpose of election of Chairperson, Vice-Chairperson and Councillor, the Government shall make rules for election and election petition under this Act.
Section 217 Bar of jurisdiction of Civil Courts in election matters.
(1) No civil court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act, in connection with the conduct of elections thereunder.
(2) Notwithstanding anything contained in this Act,--
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under this Act shall not be called in question in any Court;
(b) no election to any municipality shall be called in question except by an election petition presented to Election Tribunal and in such manner as is provided for by this Act.
(2) Notwithstanding anything contained in this Act,--
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under this Act shall not be called in question in any Court;
(b) no election to any municipality shall be called in question except by an election petition presented to Election Tribunal and in such manner as is provided for by this Act.
Section 218 Election to the municipalities.
(1) The superintendence, direction and control of the preparation of electoral rolls for, and conduct of, all elections to the Municipalities shall be vested in the State Election Commission constituted under section 98 of the Manipur Panchayati Raj Act, 1994 (26 of 1994 ).
(2) Subject to the provisions of this Act, election to the municipality shall be held in accordance with the rules made by the Government in this behalf.
(3) The Government shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission under this Act.
(2) Subject to the provisions of this Act, election to the municipality shall be held in accordance with the rules made by the Government in this behalf.
(3) The Government shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission under this Act.
Section 219 Electoral roll for a municipal area.
(1) For every municipal area, there shall be an electoral roll showing the names of persons qualifying to vote.
(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area.
(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the Government in this behalf:
Provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed.
(4) Notwithstanding anything contained in this Act, the electoral roll for the time being in force for the election of Members of the Manipur Legistive Assembly, so far as it relates to the area comprised in the municipal area, may be adopted as the electoral roll for that municipal area for the purposes of preliminary publication.
(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area.
(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the Government in this behalf:
Provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed.
(4) Notwithstanding anything contained in this Act, the electoral roll for the time being in force for the election of Members of the Manipur Legistive Assembly, so far as it relates to the area comprised in the municipal area, may be adopted as the electoral roll for that municipal area for the purposes of preliminary publication.
Section 220 Conditions for registration as a voter.
(1) Every person who--
(a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily resident in a municipal area,
shall be entitled to be registered in the electoral roll for that municipal area.
(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.
(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other local authority.
Explanation I.--The expression "qualifying date" shall mean such date as the Government may by notification specify for the purposes of this Act.
Explanation II.--The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950).
(a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily resident in a municipal area,
shall be entitled to be registered in the electoral roll for that municipal area.
(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.
(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other local authority.
Explanation I.--The expression "qualifying date" shall mean such date as the Government may by notification specify for the purposes of this Act.
Explanation II.--The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950).