The Manipur Municipalities Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 101 Recovery from occupier of tax due from non-resident.
If any tax payable under this Act by the owner of any holding remains unpaid after the notice of demand has been duly served, and if such owner is not resident within the municipality, or the place of abode of such owner is unknown, the tax may be recovered from the occupier for the time being of such holding, who may deduct, from the next and following payments of his rent the amount which may be so paid by or recovered from him:
Provided that if any such holding is occupied by more than one person, the sum to be recovered from any one of such persons shall be proportionate to the value of the part of the holding in the respective occupation of such persons
Provided that if any such holding is occupied by more than one person, the sum to be recovered from any one of such persons shall be proportionate to the value of the part of the holding in the respective occupation of such persons
Section 102 Recovery from owner of occupier's tax in certain cases.
If any holding is occupied by more than one tenant holding severally it shall be lawful for the municipality, to recover from the owner of such holding, any taxes payable under this Act by the occupier of the holding.
Section 103 Recovery by owner of occupier's tax paid by owner.
Whenever any tax shall be recovered from any owner of any holding under the provisions of section 102, it shall be lawful for such owner, if there shall be but one occupying tenant of such entire holding, to recover from such tenant of the entire amount of the tax which shall have been so paid by such owner, and if there shall be one occupying tenant of a part of such holding, or more than one occupying tenant of such holding then to recover from each tenant such sum as shall bear to the entire amount of tax which may have been so recovered from such owner at the same proportion as the value of the proportion of such holding in the occupation of each tenant bears to the entire value of such holding.
Section 104 Method of recovery by owner.
Every owner who under the provisions of section 102 may be entitled to recover any sum from any occupying tenant of any holding or of any portion thereof, shall have for the recovery of such sum all such and the same remedies, powers, rights and authorities as if such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occupation of such tenant.
Section 105 Penalty.
Whoever keeps or is in possession of any cart, carriage or animal without the licence as required under this Act shall be liable to a fine not exceeding four times the fee payable by him in respect of such licence, in addition to the licence fee due.
Section 106 Municipality may compound with livery stable keepers.
The municipality, may compound for any period not exceeding one year, with livery stablekeepers and other persons keeping carts, carriages or animals for hire, for a certain sum to be paid for the carts, carriages or animal so kept by such person in lieu of the licence fees specified in any order made by the municipality.
Section 107 Rents, tolls and fees in respect of markets.
(1) The municipality may use its own land or building, or purchase, take on lease or otherwise acquire any land or building for the purpose of establishing a municipal market or improving any existing municipal market.
(2) The municipality may levy rents, tolls and fees at such rates as it may think proper for the right to expose goods for sale in a municipal market and for the use of shops, stalls and standings therein and may also regulate such rates in respect of private markets or places used or declared by the municipality as a market place by a public notice in the locality.
(3) The municipality may grant a lease for a period not exceeding three years for collection of rents, tolls and fees in municipal markets at the rates fixed by the municipality under sub-section (2).
(4) A lessee of a municipal market appointed under sub-section (3) may refuse to allow any person to expose goods for sale in the market or to use shops, stalls and standings therein until the proper rents, tolls and fees have been paid.
(5) Whoever, having rendered himself liable to the payment of rents, tolls or fees refuses to pay the same shall be punishable with fine which may extend to five hundred rupees.
(6) When resistance is offered to any person authorised to collect rents, tolls or fees, any police officer whom he may call to his aid, shall be bound to assist him; and such police officer shall, for that purpose have the same powers as he has in the exercise of his ordinary police duties.
(2) The municipality may levy rents, tolls and fees at such rates as it may think proper for the right to expose goods for sale in a municipal market and for the use of shops, stalls and standings therein and may also regulate such rates in respect of private markets or places used or declared by the municipality as a market place by a public notice in the locality.
(3) The municipality may grant a lease for a period not exceeding three years for collection of rents, tolls and fees in municipal markets at the rates fixed by the municipality under sub-section (2).
(4) A lessee of a municipal market appointed under sub-section (3) may refuse to allow any person to expose goods for sale in the market or to use shops, stalls and standings therein until the proper rents, tolls and fees have been paid.
(5) Whoever, having rendered himself liable to the payment of rents, tolls or fees refuses to pay the same shall be punishable with fine which may extend to five hundred rupees.
(6) When resistance is offered to any person authorised to collect rents, tolls or fees, any police officer whom he may call to his aid, shall be bound to assist him; and such police officer shall, for that purpose have the same powers as he has in the exercise of his ordinary police duties.
Section 108 Recovery of taxes as arrears of land revenue.
(1) Where any sum is due on account of a tax, other than octroi or tolls or any similar tax payable upon immediate demand, from a person to a municipality, the municipality may, without prejudice to any other mode of recovery provided in this Act apply to the Deputy Commissioner to recover such sum together with costs of proceedings incurred in that behalf.
(2) The Deputy Commissioner, on being satisfied that the sum mentioned in the application under sub-section (1) is due, shall proceed to recover it as soon as may be thereafter, as arrears of land revenue.
(2) The Deputy Commissioner, on being satisfied that the sum mentioned in the application under sub-section (1) is due, shall proceed to recover it as soon as may be thereafter, as arrears of land revenue.
Section 109 Power to sell unclaimed holdings for money due.
(1) If money be due under this Act in respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable under this Act, if the owner of such holding or his whereabouts are unknown or the ownership thereof is disputed or when the owner lives outside the municipality and has failed to pay it in spite of service of demand notice twice, the municipality may publish twice, at an interval of three months, a notification of sale of such holding and after the expiry of not less than three months from the date of the last publication, unless the amount recoverable be paid, may sell such holding to the highest bidder, who shall, at the time of sale, deposit forthwith twenty-five per cent, of the purchase money. The balance shall be paid within fifteen days of the date of sale. In default of payment of the balance amount, the money if any, so deposited shall be forfeited and the holding shall be re-sold. After deducting the amount due to the municipality, the surplus sale-proceeds, if any, shall be credited to the municipal fund and may be paid on demand to any person who establishes his right of claim to the satisfaction of such municipality or in a Court of competent jurisdiction.
(2) Any person may pay the amount due at any time before the completion of the sale and may recover such amount by a suit in a Court of competent jurisdiction from any person beneficially interested in such property.
(2) Any person may pay the amount due at any time before the completion of the sale and may recover such amount by a suit in a Court of competent jurisdiction from any person beneficially interested in such property.
Section 110 Writing off irrecoverable sums due to the Nagar Panchayat or to the Council.
The irrecoverable sum due to a Nagar Panchayat, or as the case may be, to a Council may be written off in such manner and by such authority as may be prescribed.
Section 111 Power to make roads.
(1) A Nagar Panchayat or as the case may be, a Council may--
(a) layout or make new public road; or
(b) widen, open, enlarge or otherwise improve any public road and construct tunnels and other works subsidiary to such road; or
(c) divert, discontinue or close permanently any public road; or
(d) sell or lease the land forming such road or any part thereof, acquired for the purpose of such road or for any other purpose of this Act:
Provided that no such public road shall be discontinued, permanently closed or used for any other purposes without the previous sanction of the Government.
(2) In laying out, making, turning, diverting, widening, opening; enlarging or otherwise improving any public road, the Nagar Panchayat or the Council may, in accordance with the provisions of this Act, acquire land required for the carriage-way, footways and drains thereof.
(a) layout or make new public road; or
(b) widen, open, enlarge or otherwise improve any public road and construct tunnels and other works subsidiary to such road; or
(c) divert, discontinue or close permanently any public road; or
(d) sell or lease the land forming such road or any part thereof, acquired for the purpose of such road or for any other purpose of this Act:
Provided that no such public road shall be discontinued, permanently closed or used for any other purposes without the previous sanction of the Government.
(2) In laying out, making, turning, diverting, widening, opening; enlarging or otherwise improving any public road, the Nagar Panchayat or the Council may, in accordance with the provisions of this Act, acquire land required for the carriage-way, footways and drains thereof.
Section 112 Power to repair, etc., of private road, drains, etc.
(1) Where a Nagar Panchayat or a Council considers that in any road not being a public road, or in any part of such road within the municipality, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the Nagar Panchayat or as the case may be, the Council may, by written notice, require the owner or owners of the several lands or buildings fronting or adjoining the said road or abutting thereon to carry out such work in such manner and within such time as may be specified in such notice.
(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Nagar Panchayat or the Council, the expenses thereby incurred, shall be apportioned by the Nagar Panchayat or the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of such lands and buildings.
(3) After such work has been carried out by the owner or by the owners or on the failure of the owners to do so, by the Nagar Panchayat or the Council at the expenses of such owners the road or part thereof in which such work has been done, may, and on the joint requisition of a majority of the said owners, shall be declared by public notice put up therein by the Nagar Panchayat or the Council to be a public road.
(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Nagar Panchayat or the Council, the expenses thereby incurred, shall be apportioned by the Nagar Panchayat or the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of such lands and buildings.
(3) After such work has been carried out by the owner or by the owners or on the failure of the owners to do so, by the Nagar Panchayat or the Council at the expenses of such owners the road or part thereof in which such work has been done, may, and on the joint requisition of a majority of the said owners, shall be declared by public notice put up therein by the Nagar Panchayat or the Council to be a public road.
Section 113 Prohibition of use of public roads by a class of animals, carts or vehicles.
(1) The Nagar Panchayat or as the case may be, the Council may, by public notice prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or part of any such road.
(2) Any person who disobeys an order passed by the Nagar Panchayat or as the case may be, the Council under the provisions of sub-section (1) shall be punishable with fine not exceeding two hundred rupees.
(2) Any person who disobeys an order passed by the Nagar Panchayat or as the case may be, the Council under the provisions of sub-section (1) shall be punishable with fine not exceeding two hundred rupees.
Section 114 Penalty for encroachment on public roads, etc.
Any person, who without the permission of the Nagar Panchayat or of the Council,--
(a) encroaches upon any public road or house-gully or upon any public drain, sewer, aqueduct, water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or other obstruction, or by deposing any movable property thereon, or
(b) takes up or alters the pavements or other materials, fences or posts on any public road,
shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees and with a further fine not exceeding two hundred rupees for every day during which the encroachment continues after the first conviction.
(a) encroaches upon any public road or house-gully or upon any public drain, sewer, aqueduct, water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or other obstruction, or by deposing any movable property thereon, or
(b) takes up or alters the pavements or other materials, fences or posts on any public road,
shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees and with a further fine not exceeding two hundred rupees for every day during which the encroachment continues after the first conviction.
Section 115 Use of public road or place by vendors and other person and penalty thereof.
(1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, no itinerant vendor or any other person shall use or occupy any public road or place for the sale of articles or for the exercise of any calling, or for setting up any booth or stall without the permission of the Nagar Panchayat or of the Council.
(2) Whoever violate the provision of sub-section (1) shall be punishable with fine which may extend to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every subsequent offence after the first conviction.
(2) Whoever violate the provision of sub-section (1) shall be punishable with fine which may extend to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every subsequent offence after the first conviction.
Section 116 Power to remove obstructions, encroachments and projections in or on public road, etc.
The Nagar Panchayat or as the case may be, the Council may, notwithstanding any proceedings which may have been started against him under this Act, issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected or stacked, on any part of a public road, house-gully, public drain, sewer, aqueduct, watercourse, ghat or any land vested in the Nagar Panchayat or in the Council and, if such person fails to comply with such requisition within forty-eight hours of the receipt of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or of the Council, order that such obstruction or encroachment be removed and thereupon the Nagar Panchayat or the Council may remove any such obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or stacked the same.
Section 117 Procedure when person who erected obstruction cannot be found.
(1) If the person who built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred to in the preceding section is not known or cannot be found, the Nagar Panchayat or as the case may be, the Council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or other obstruction or encroachment requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.
(2) If the said building, fence, rail, post or other obstruction or encroachment be not removed in compliance with the requisition contained in such notice within forty-eight hours of the posting of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or as the case may be, the Council, order that such obstruction or encroachment be removed, and thereupon the Nagar Panchayat or as the case may be, the Council may remove any such obstruction or encroachment, and may recover the cost of such removal, by sale of the materials so removed.
(3) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case may be, the Council or in any court of competent jurisdiction.
(2) If the said building, fence, rail, post or other obstruction or encroachment be not removed in compliance with the requisition contained in such notice within forty-eight hours of the posting of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or as the case may be, the Council, order that such obstruction or encroachment be removed, and thereupon the Nagar Panchayat or as the case may be, the Council may remove any such obstruction or encroachment, and may recover the cost of such removal, by sale of the materials so removed.
(3) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case may be, the Council or in any court of competent jurisdiction.
Section 118 Projections from buildings to be removed.
(1) The Nagar Panchayat or as the case may be, the Council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches into or upon any drain, sewer or aqueduct in any public road or into or upon any public water-course or ghat or any land in the Nagar Panchayat or the Council, as the case may be.
(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow the Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier.
(3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow the Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier.
(3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
Section 119 Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment summarily on requisition by the Government.
Notwithstanding anything contained in sections 116 and 118, a District Magistrate or a Sub-Divisional Magistrate shall, on being so required by the Government, order any person responsible for any obstruction or encroachment or projection as specified in sections 116 and 118 to remove or alter such obstruction or encroachment or projection within a period of not less than forty-eight hours and on non-compliance the District Magistrate or the Sub-Divisional Magistrate as the case may be, shall remove such obstruction or encroachment or projection and realise the expenses, thereby incurred from the person concerned as fine in a Criminal Court:
Provided that in case the person or persons responsible for such obstruction, encroachment or projection is or are not known or cannot be found the procedure laid down in section 117 shall be followed.
Provided that in case the person or persons responsible for such obstruction, encroachment or projection is or are not known or cannot be found the procedure laid down in section 117 shall be followed.
Section 120 Effect of order made under section 116, 117, 118 or 119.
Every order made by a SubDivisional Magistrate or a District Magistrate as the case may be, under section 116, 117, 118 or 119 shall be deemed to be an order made by him in the discharge of his judicial duty and the Nagar Panchayat or as the case may be, the Council shall be deemed to be person bound to execute such order within the meaning of the Judicial Officers Protection Act, 1850 (Act XVII of 1850 ).