The Manipur Municipalities Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 121 Nagar Panchayat or Council may require land holders to trim hedges, etc.
The Nagar Panchayat or as the case may be, the Council may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any trees or bamboos thereon overhanging the public road, drain or tank, or any well used for drinking purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or drain or any property of the Nagar Panchayat or of the Council or likely to cause damage to person using any public road or likely to foul the water of any well or tank.
Section 122 Penalty for disobeying requisition under section 116, 117, 118 or 119.
Whoever, being the owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, the Council under the provisions of section 116, 117, 118 or 119 shall be punishable with fine not exceeding two thousand rupees, and with a further fine not exceeding one hundred rupees for every day during which the default is continued after the first conviction.
Section 123 Names of public roads and number of buildings.
(1) The Nagar Panchayat or as the case may be, the Council may cause a name to be given to any public road and to be fixed in such place as it may think fit, and may also cause a number to be affixed to every building, and in like manner may, from time to time, cause such names and numbers to be altered.
(2) Any person who destroys, pulls down, defaces or alters any-name or number put up by the Nagar Panchayat or as the case may be, the Council under sub-section (1) shall, for every such offence be punishable with fine which may extend to two hundred rupees.
(2) Any person who destroys, pulls down, defaces or alters any-name or number put up by the Nagar Panchayat or as the case may be, the Council under sub-section (1) shall, for every such offence be punishable with fine which may extend to two hundred rupees.
Section 124 Erection of building without sanction.
(1) No person shall erect, materially alter or re-erect or commence to erect, materially alter or re-erect any building without the sanction of the Nagar Panchayat or of the Council, as the case may be.
(2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Nagar Panchayat or as the case may be, to the Council of such erection.
(3) When bye-laws have been framed under this Act no notice under sub-section (2) shall be considered to be valid until such notice has complied with the provision of the bye-laws.
Explanation.--An alteration in a building for the purposes of this section and of bye-laws be deemed to be material if it--
(a) affects or is likely to affect prejudicially the stability or safety of the building, or the condition of the building in respect of drainage, ventilation, sanitation or hygiene;
(b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or of any room in the building.
(4) In the municipalities where water works are maintained it shall be compulsory for persons erecting or re-erecting buildings costing rupees two lakhs or more (excluding cost of land and of improvement of land) to install sanitary latrines. The municipality shall withhold sanction if the plan and specification of the building submitted with the notice do not contain provision for installation of sanitary latrines.
(2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Nagar Panchayat or as the case may be, to the Council of such erection.
(3) When bye-laws have been framed under this Act no notice under sub-section (2) shall be considered to be valid until such notice has complied with the provision of the bye-laws.
Explanation.--An alteration in a building for the purposes of this section and of bye-laws be deemed to be material if it--
(a) affects or is likely to affect prejudicially the stability or safety of the building, or the condition of the building in respect of drainage, ventilation, sanitation or hygiene;
(b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or of any room in the building.
(4) In the municipalities where water works are maintained it shall be compulsory for persons erecting or re-erecting buildings costing rupees two lakhs or more (excluding cost of land and of improvement of land) to install sanitary latrines. The municipality shall withhold sanction if the plan and specification of the building submitted with the notice do not contain provision for installation of sanitary latrines.
Section 125 Special provision for cases where bye-laws have not been made.
In any case in which no bye-laws have been made under this Act the Nagar Panchayat or as the case may be, the Council may, within fourteen days of the receipt of the notice required by sub-section (2) of section 124, require a person who has given such notice to furnish, within one week of the receipt by him of the requisition, information on all or any of the matters as to which bye-laws might have been made and in such case the notice shall not be valid until such information has been furnished.
Section 126 Powers of Nagar Panchayat or the Council to sanction or refuse.
(1) Within sixty days after the receipt of the notice, required by sub-section (2) of section 124, the Nagar Panchayat or as the case may be, the Council may refuse to sanction the building or may sanction it either absolutely or subject to such modification as it may deem fit in respect of all or any of the matters specified in bye-laws and the person erecting, materially altering or re-erecting any such building as aforesaid shall comply with the sanction of the Nagar Panchayat or as the case may be, the Council as granted in every particular.
(2) When within a period of sixty days, the Nagar Panchayat or the Council fails, after the receipt of a valid notice, to make and deliver to the person who has given such notice, an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely:
Provided that the time taken by the applicant in furnishing any information requisitioned by the Nagar Panchayat or by the Council, if any, after the receipt of the valid notice shall not be counted in the period of sixty days referred to in this sub-section.
Explanation.--The Nagar Panchayat or the Council may refuse to sanction the erection, material alteration or re-erection of any building either on the grounds affecting the particular building or in pursuance of general scheme adopted by the Nagar Panchayat or by the Council at a meeting restricting the erection or re-erection of building or any class of building within specified limits for the prevention of overcrowding or in the interest of the residents within such limits or for any other public purpose. Permission may also be refused in any case in which there is any dispute between the Nagar Panchayat or as the case may be, the Council and the applicant as to the title of the land on which it is proposed to erect the building until such dispute is decided.
(2) When within a period of sixty days, the Nagar Panchayat or the Council fails, after the receipt of a valid notice, to make and deliver to the person who has given such notice, an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely:
Provided that the time taken by the applicant in furnishing any information requisitioned by the Nagar Panchayat or by the Council, if any, after the receipt of the valid notice shall not be counted in the period of sixty days referred to in this sub-section.
Explanation.--The Nagar Panchayat or the Council may refuse to sanction the erection, material alteration or re-erection of any building either on the grounds affecting the particular building or in pursuance of general scheme adopted by the Nagar Panchayat or by the Council at a meeting restricting the erection or re-erection of building or any class of building within specified limits for the prevention of overcrowding or in the interest of the residents within such limits or for any other public purpose. Permission may also be refused in any case in which there is any dispute between the Nagar Panchayat or as the case may be, the Council and the applicant as to the title of the land on which it is proposed to erect the building until such dispute is decided.
Section 127 Lapse of sanction.
A permission to erect, materially alter or re-erect building granted under this Chapter or deemed to have been given by the Nagar Panchayat or as the case may be, the Council, shall unless it is renewed on an application made to the Nagar Panchayat or the Council for this purpose continue only for one year after the date on which it is granted.
Section 128 Penalty for building without or in contravention of sanction.
Whoever erects, materially alters or re-erects or commences to erect, materially alter or re-erect any building without the previous sanction of the Nagar Panchayat or as the case may be, the Council or in contravention of any directions given by the Nagar Panchayat or as the case may be, the Council granting sanction under section 123 shall be liable to a fine not exceeding one thousand rupees for every such offence, and to a further fine not exceeding two hundred rupees for each day during which the offence is continued after his first conviction.
Section 129 Power of a Nagar Panchayat or a Council in case of disobedience.
(1) If the construction of a building is started, or if a building is materially altered or erected--
(a) without sanction as required by section 126 (1); or
(b) without notice as required by section 124 (2); or
(c) when sanction has been refused; or
(d) in contravention of the terms of any sanction granted; or
(e) when the sanction has lapsed; or
(f) in contravention of any bye-laws made under clause (vi) of sub-section (1) of section 209,
the Nagar Panchayat or as the case may be, or the Council may, by notice to be delivered within a reasonable time, require the building to be altered or demolished as it may deem necessary, within the period of thirty days from the date of the service of such notice:
Provided that the Nagar Panchayat or as the case may be, or the Council may instead of requiring the alteration or demolition of any such building accept by way of composition such sum as it may deem reasonable.
(2) Any person who fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, or the Council under the provisions of sub-section (1) shall be liable to a fine not exceeding five hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the person continues to make such default after service on him of such requisition.
(a) without sanction as required by section 126 (1); or
(b) without notice as required by section 124 (2); or
(c) when sanction has been refused; or
(d) in contravention of the terms of any sanction granted; or
(e) when the sanction has lapsed; or
(f) in contravention of any bye-laws made under clause (vi) of sub-section (1) of section 209,
the Nagar Panchayat or as the case may be, or the Council may, by notice to be delivered within a reasonable time, require the building to be altered or demolished as it may deem necessary, within the period of thirty days from the date of the service of such notice:
Provided that the Nagar Panchayat or as the case may be, or the Council may instead of requiring the alteration or demolition of any such building accept by way of composition such sum as it may deem reasonable.
(2) Any person who fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, or the Council under the provisions of sub-section (1) shall be liable to a fine not exceeding five hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the person continues to make such default after service on him of such requisition.
Section 130 Roofs and external walls not to be made of inflammable materials.
The Nagar Panchayat or as the case may be, the Council by written notice, may require any person who has made any external roof or wall with thatch mats, leaves or other inflammable materials and in contravention of bye-laws made under section 209 to remove or alter such roof or wall within a period to be specified in the notice.
Section 131 Power to attach brackets for lamps.
The Nagar Panchayat or as the case may be, the Council may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.
Section 132 Building unfit for human habitation.
(1) If a building, or a room in a building is in the opinion of the Nagar Panchayat or as the case may be, the Council unfit for human habitation in consequence of the want of proper means of drains or ventilation or otherwise, the Nagar Panchayat or as the case may be, the Council may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used whether absolutely or not unless, within a time to be specified in the notice he effects such alteration therein as is specified in the notice.
(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, the Nagar Panchayat or as the case may be, the Council may require by further notice the demolition of the building or room.
(3) Any person who uses a building or room or suffers to be used contrary to the provision of sub-section (1) shall be punishable with fine not exceeding five hundred rupees, and with a further fine not exceeding one hundred rupees for every day during which the offence is continued after the first conviction.
(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, the Nagar Panchayat or as the case may be, the Council may require by further notice the demolition of the building or room.
(3) Any person who uses a building or room or suffers to be used contrary to the provision of sub-section (1) shall be punishable with fine not exceeding five hundred rupees, and with a further fine not exceeding one hundred rupees for every day during which the offence is continued after the first conviction.
Section 133 Pending of building in dangerous state.
(1) A Nagar Panchayat or as the case may be, a Council may require by notice the owner or occupier of any land or building--
(a) to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary any building, portion of a building, wall or other structure or anything affixed thereto which appears to it to be in ruinous condition or dangerous to inmates if any, passers-by or other property, or
(b) to repair, secure or enclose, within eight days from the date of service of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which appear to the Nagar Panchayat or the Council to be dangerous to persons by reason of its situation, want of repairs or other such circumstances.
(2) Where it appears to the Nagar Panchayat or the Council that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Nagar Panchayat or as the case may be, of the Council to take immediate action and recover the expense so incurred from the owner or occupier of the building or the owner or occupier of the land to which such building or other structure or anything is affixed.
(a) to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary any building, portion of a building, wall or other structure or anything affixed thereto which appears to it to be in ruinous condition or dangerous to inmates if any, passers-by or other property, or
(b) to repair, secure or enclose, within eight days from the date of service of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which appear to the Nagar Panchayat or the Council to be dangerous to persons by reason of its situation, want of repairs or other such circumstances.
(2) Where it appears to the Nagar Panchayat or the Council that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Nagar Panchayat or as the case may be, of the Council to take immediate action and recover the expense so incurred from the owner or occupier of the building or the owner or occupier of the land to which such building or other structure or anything is affixed.
Section 134 Nagar Panchayat or Council may require owners to pull down ruins.
Whenever it appears to the Nagar Panchayat or Council that any building by reason of abandonment or disputed ownership or other cause is undaunted or by reason of having fallen into ruins, affords facilities for the commission of a nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the Nagar Panchayat or the Council may require the owner of such building or the land to which such building is attached, to properly secure the same, or to remove or level such ruins, as the case may require.
Section 135 Penalty for disobeying requisition under sections 133 and 134.
Any owner or occupier of a house or land who fails to comply with requisition issued by the Nagar Panchayat or the Council under the provisions of sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding one thousand rupees, and to a further penalty not exceeding two hundred rupees, for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.
Section 136 Compensation for prohibition of erection or re-erection.
Subject to any other provision in this Act as regard compensation, no compensations shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.
Section 137 Power to require owners to clear noxious vegetation.
The Nagar Panchayat or the Council may, by notice, require the owner or occupier of any land within such time as the Nagar Panchayat or the Council may fix to cut and remove any tree or bamboos or branches thereof, or eradicate and destroy vegetation and undergrowth which may appear to the Nagar Panchayat or the Council to be insanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or to be grown, or to be obstruction or likely to obstruct the free passage for men or animals along a public road, or of any boat of stream vessel along a public water way.
Section 138 Power to require owners to improve bad drainage.
Whenever any land, being private property or within any private enclosure, appears to the Nagar Panchayat or the Council by want of drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities of a surface to afford facilities for the commission of a nuisance, the Nagar Panchayat or the Council may require the owner or the occupier of such land or both within fifteen days, to drain such land or level surface:
Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person, the Nagar Panchayat or as the case may be, the Council shall provide such land and pay such compensation.
Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person, the Nagar Panchayat or as the case may be, the Council shall provide such land and pay such compensation.
Section 139 Power to require unwholesome tanks or private premises to be cleansed or drained.
(1) The Nagar Panchayat or the Council may require the owner or occupier of any land within eight days or such longer period as the Nagar Panchayat or the Council may fix, either to re-excavate or at his option fill up with suitable material or to cleanse any well, water-course, private tank or pool therein, and to drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood:
Provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, Nagar Panchayat or as the case may be, the Council shall provide such land and pay such compensation.
(2) If under the provisions of this Act the Nagar Panchayat or the Council execute the work of such re-excavation or filling up with suitable material, it may take possession of the tank or pool or the sites of such tank or pool and retain such possession and turn the same to profitable account until the expenses thereby incurred shall have been realised.
Provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, Nagar Panchayat or as the case may be, the Council shall provide such land and pay such compensation.
(2) If under the provisions of this Act the Nagar Panchayat or the Council execute the work of such re-excavation or filling up with suitable material, it may take possession of the tank or pool or the sites of such tank or pool and retain such possession and turn the same to profitable account until the expenses thereby incurred shall have been realised.
Section 140 Wells, tanks, etc., to be secured.
If any well, tank or other excavation, whether on public or private ground, be, for want of sufficient repair or protection, dangerous to passers by the Nagar Panchayat or as the case may be, the Council shall forthwith require by notice such owner or occupier, or both within eight days, properly to secure or protect such well, tank or other excavation; and if after the said period the work is not executed, the Nagar Panchayat or as the case may be, the Council shall cause a temporary hoard or fence to be put for the protection of passers-by and recover the expenses so incurred from the owner or occupier or the owners and occupiers of the land on which such tank, well or other excavation is situated.