The Manipur Municipalities Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 221 Power to remove difficulties.
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purpose of removing the difficulty.
Section 222 Overriding effect of the provisions of the Act.
The provisions of this Act, rules and bye-laws, and orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.
Section 223 Mode of proof of municipal record and fee for certified copy.
(1) A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Nagar Panchayat or a Council, shall, if duly certified by any person authorised by any bye-law in this behalf, be received as evidence of the existence of any entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.
(2) For the issue of such copies the Nagar Panchayat or as the case may be, the Council may impose such fees as may be fixed by any bye-law in this behalf.
(2) For the issue of such copies the Nagar Panchayat or as the case may be, the Council may impose such fees as may be fixed by any bye-law in this behalf.
Section 224 Restriction on the summoning of municipal servants to produce documents.
No municipal officer or servant shall in any legal proceeding to which a Nagar Panchayat or a Council is not a party be required to produce any register or document the contents of which can be proved by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for a special cause.
Section 225 Penalty for violating the provision of this Act.
If any person violates any of the provisions of this Act for which a penalty is not already provided under this Act, he shall be liable to a fine not exceeding rupees five hundred for each day in the case of continuing violation.
Section 226 Public servants.
Every Councillor and every officer or servant of the Nagar Panchayat or the Council and every contractor or agent appointed by it for the collection of any tax or every person employed by such contractor or agent for collection of such tax shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 227 District Planning Committee.
(1) The District Planning Committee constituted under section 96 of the Manipur Panchayati Raj Act, 1994 (26 of 1994) shall also be the District Planning Committee for the purposes of this Act.
(2) The District Planning Committee shall consist--
(a) members of House of the People who represent the whole or part of the district;
(b) all the members of the State Legislative Assembly whose constituencies lie within the district;
(c) Adhyaksha of the Zilla Parishad;
(d) Mayor or the President of the Municipal Corpoaration or the Municipal Council respectively, having jurisdiction over the headquarters of the District; and
Explanation--For the purposes of this clause, "Mayor or the President" shall mean the Chairperson of the Municipal Council or, as the case may be, of the Municipal Corporation;
(e) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the Zilla Parishad, Nagar Panchayat and Councillors of the Municipal Corporation and the Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
(3) The Chairman of the District Co-operative Banks and of the Development Bank shall be permanent invitees of the Committee.
(4) The Chief Executive Officers shall be the Secretary of the Committee.
(5) The Deputy Commissioner for the Districts shall be the Chairman District Planning Committee.
(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporation in the district and prepare a draft development plan for the district as a whole.
(7) Every District Planning Committee shall in preparing the draft development plan--
(a) have regard to--
(i) the matters of common interest between the Zilla Parishad, Gram Panchayats, Nagar Panchayats, Municipal Corporation and Municipal Councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Government may by order specify.
(8) The Chairman of every District Planning Committee shall forward the development plan, as recommended by such Committee to the Government.
(2) The District Planning Committee shall consist--
(a) members of House of the People who represent the whole or part of the district;
(b) all the members of the State Legislative Assembly whose constituencies lie within the district;
(c) Adhyaksha of the Zilla Parishad;
(d) Mayor or the President of the Municipal Corpoaration or the Municipal Council respectively, having jurisdiction over the headquarters of the District; and
Explanation--For the purposes of this clause, "Mayor or the President" shall mean the Chairperson of the Municipal Council or, as the case may be, of the Municipal Corporation;
(e) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the Zilla Parishad, Nagar Panchayat and Councillors of the Municipal Corporation and the Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
(3) The Chairman of the District Co-operative Banks and of the Development Bank shall be permanent invitees of the Committee.
(4) The Chief Executive Officers shall be the Secretary of the Committee.
(5) The Deputy Commissioner for the Districts shall be the Chairman District Planning Committee.
(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporation in the district and prepare a draft development plan for the district as a whole.
(7) Every District Planning Committee shall in preparing the draft development plan--
(a) have regard to--
(i) the matters of common interest between the Zilla Parishad, Gram Panchayats, Nagar Panchayats, Municipal Corporation and Municipal Councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Government may by order specify.
(8) The Chairman of every District Planning Committee shall forward the development plan, as recommended by such Committee to the Government.
Section 228 Committee for Metropolitan Planning.
(1) The Governor may by notification notify an area having a population of ten lakh or more comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, to be a Metropolitan area for the purposes of this Act.
(2) On such notification the Government shall constitute in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(3) The Government may prescribe by notification with respect to--
(a) the manner in which the seats in such Committee shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the municipalities and of the Panchayats in that area;
(b) the representation in such Committee of the Government of India and the Government and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committee;
(c) the functions relating to planning and co-ordination for the Metropolitan area which may be assigned to such Committee;
(d) the manner in which the Chairperson of such Committee shall be chosen.
(4) Every Metropolitan Planning Committee shall, in preparing the draft development plan--
(a) have regard to--
(i) the plans prepared by the municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and Government, and other available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(5) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government.
(2) On such notification the Government shall constitute in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(3) The Government may prescribe by notification with respect to--
(a) the manner in which the seats in such Committee shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the municipalities and of the Panchayats in that area;
(b) the representation in such Committee of the Government of India and the Government and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committee;
(c) the functions relating to planning and co-ordination for the Metropolitan area which may be assigned to such Committee;
(d) the manner in which the Chairperson of such Committee shall be chosen.
(4) Every Metropolitan Planning Committee shall, in preparing the draft development plan--
(a) have regard to--
(i) the plans prepared by the municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and Government, and other available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(5) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government.
Section 229 Delegation of powers of State Government.
The State Government may, by notification delegate to any officer or authority subordinate to it any of the powers conferred on it or on any officer subordinate to it by this Act, other than powers to make rules, to be exercised, subject to such restrictions and conditions as may be specified in the said notification.
Section 230 Repeal of Manipur Act 26 of 1976 and saving.
(1) On the date of the commencement of this Act, the Manipur Municipalities Act, 1976 shall be deemed to have been repealed:
Provided that the said repeal shall not affect:--
(a) the validity, effect or consequence of anything done or suffered under the said enactment;
(b) any right, title, obligation or liability already acquired, accrued or incurred under the said enactment or any remedy or proceeding in respect thereof;
(c) any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed; and
(e) the operation of the said enactment in relation to areas falling within the Municipal limits of Moreh.
(2) Notwithstanding anything contained in sub-section (1), all municipalities declared, limits defined, regulations and divisions made, all rules and bye-laws, notifications, orders, appointments and assessments made, licences and notices, issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions or sanctions granted, contracts entered into, suits instituted and proceedings taken under the Manipur Municipal Act, 1976 (Manipur Act 26 of 1976 ) in force immediately before the commencement of this Act shall continue to be in force and shall be deemed to have been respectively made, issued, imposed or assessed, passed, approved, granted, entered into, instituted and taken under this Act until new provisions are made or superseded by anything done or any action taken under this Act.
Provided that the said repeal shall not affect:--
(a) the validity, effect or consequence of anything done or suffered under the said enactment;
(b) any right, title, obligation or liability already acquired, accrued or incurred under the said enactment or any remedy or proceeding in respect thereof;
(c) any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed; and
(e) the operation of the said enactment in relation to areas falling within the Municipal limits of Moreh.
(2) Notwithstanding anything contained in sub-section (1), all municipalities declared, limits defined, regulations and divisions made, all rules and bye-laws, notifications, orders, appointments and assessments made, licences and notices, issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions or sanctions granted, contracts entered into, suits instituted and proceedings taken under the Manipur Municipal Act, 1976 (Manipur Act 26 of 1976 ) in force immediately before the commencement of this Act shall continue to be in force and shall be deemed to have been respectively made, issued, imposed or assessed, passed, approved, granted, entered into, instituted and taken under this Act until new provisions are made or superseded by anything done or any action taken under this Act.
Section 231 Repeal and saving.
(1) The Manipur Municipalities Ordinance, 1994 (Ord. 6 of 1994) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.