The Manipur Panchayati Raj Act, 1994
Administered Ministry: Ministry of Panchayati Raj
Section
Section 1 Short title, extent and commencement.
(1) This Act may be called the Manipur Panchayati Raj Act, 1994.
(2) It extends to the whole of the State of Manipur excepting any area to which the Manipur (Hill Areas) District Council Act, 1971 (Manipur Act 76 of 1971) or the Manipur (Village Authorities in Hill Areas) Act, 1956 (Manipur Act 80 of 1956) extends, or which has been or may hereafter be declared as, or included in, a municipality under any law for the time being in force, or which has been or may hereafter be declared as, or included in a cantonment under the Cantonment Act, 1924 (2 of 1924).
(3) It shall come into force on such date1 as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
(2) It extends to the whole of the State of Manipur excepting any area to which the Manipur (Hill Areas) District Council Act, 1971 (Manipur Act 76 of 1971) or the Manipur (Village Authorities in Hill Areas) Act, 1956 (Manipur Act 80 of 1956) extends, or which has been or may hereafter be declared as, or included in, a municipality under any law for the time being in force, or which has been or may hereafter be declared as, or included in a cantonment under the Cantonment Act, 1924 (2 of 1924).
(3) It shall come into force on such date1 as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
1. 23rd April, 1994, vide notification No. S.O. 328(E), dated 23rd April, 1994, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Adhyaksha and Up-Adhyaksha" means an Adhyaksha and a Up-Adhyakhsa of a Zilla Parishad elected under section 54 of this Act;
(b) "Chairperson" means Chairperson of a Standing Committee of a Zilla Parishad or a Gram Panchayat, as the case may be, constituted under the provisions of this Act;
(c) "Chief Executive Officer" means the Chief Executive Officer of a Zilla Parishad appointed under section 75 of this Act;
(d) "Commissioner" means the Commissioner of the Government in the Development and Panchayati Raj or such other person as may be appointed by the State Government to exercise the powers of a Commissioner under this Act;
(e) "district" means the revenue district;
(f) "Deputy Commissioner" means the Deputy Commissioner of District;
(g) "Government" means the State Government of Manipur;
(h) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the Panchayat at the village level;
(i) "Gram Panchayat" means the Gram Panchayat constituted under the Act;
(j) "Official Gazette" means the Manipur Gazette;
(k) "Panchayat" means a Gram Panchayat and a Zilla Parishad constituted under the provisions of this Act;
(l) "Panchayat area" means the territorial area of a Panchayat;
(m) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published,
(n) "Pradhan" means a Pradhan of a Gram Panchayat elected under section 21 of this Act;
(o) "prescribed" means prescribed by rules made under the Act;
(p) "Secretary" means the Secretary of a Gram Panchayat appointed under this Act;
(q) "Standing Committee" means a Standing Committee constituted by a Zilla Parishad or a Gram Panchayat under this Act;
(r) "Up-Pradhan" means a Up-Pradhan of a Gram Panchayat elected under section 24 of this Act;
(s) "village" means a village specified by the Governor by public notification to be a village for the purpose of this Act and includes a group of villages so specified; and
(t) "Zilla Parishad" means a Zilla Parishad of a district constituted under section 48 of this Act.
(a) "Adhyaksha and Up-Adhyaksha" means an Adhyaksha and a Up-Adhyakhsa of a Zilla Parishad elected under section 54 of this Act;
(b) "Chairperson" means Chairperson of a Standing Committee of a Zilla Parishad or a Gram Panchayat, as the case may be, constituted under the provisions of this Act;
(c) "Chief Executive Officer" means the Chief Executive Officer of a Zilla Parishad appointed under section 75 of this Act;
(d) "Commissioner" means the Commissioner of the Government in the Development and Panchayati Raj or such other person as may be appointed by the State Government to exercise the powers of a Commissioner under this Act;
(e) "district" means the revenue district;
(f) "Deputy Commissioner" means the Deputy Commissioner of District;
(g) "Government" means the State Government of Manipur;
(h) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the Panchayat at the village level;
(i) "Gram Panchayat" means the Gram Panchayat constituted under the Act;
(j) "Official Gazette" means the Manipur Gazette;
(k) "Panchayat" means a Gram Panchayat and a Zilla Parishad constituted under the provisions of this Act;
(l) "Panchayat area" means the territorial area of a Panchayat;
(m) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published,
(n) "Pradhan" means a Pradhan of a Gram Panchayat elected under section 21 of this Act;
(o) "prescribed" means prescribed by rules made under the Act;
(p) "Secretary" means the Secretary of a Gram Panchayat appointed under this Act;
(q) "Standing Committee" means a Standing Committee constituted by a Zilla Parishad or a Gram Panchayat under this Act;
(r) "Up-Pradhan" means a Up-Pradhan of a Gram Panchayat elected under section 24 of this Act;
(s) "village" means a village specified by the Governor by public notification to be a village for the purpose of this Act and includes a group of villages so specified; and
(t) "Zilla Parishad" means a Zilla Parishad of a district constituted under section 48 of this Act.
Section 3 Membership of Gram Sabha and disqualification.
(1) A Gram Sabha shall, subject to sub-section (2), consist of all persons whose names are included in electoral rolls referred to in section 15 within the area of the Gram Sabha:
Provided that no person shall be a member of more than one Gram Sabha.
(2) A person shall be disqualified for being a member of the Gram Sabha, if--
(a) he is not a citizen of India; or
(b) he is of unsound mind and stands so declared by a competent court; or
(c) he is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election to State Legislature.
Provided that no person shall be a member of more than one Gram Sabha.
(2) A person shall be disqualified for being a member of the Gram Sabha, if--
(a) he is not a citizen of India; or
(b) he is of unsound mind and stands so declared by a competent court; or
(c) he is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election to State Legislature.
Section 4 Cessation of Membership.
(1) A member of Gram Sabha shall cease to be a member, if he has ceased to be ordinarily resident within the Gram Sabha area.
(2) Where any person ceases to be a member of Gram Sabha under sub-section (1) he shall also cease to hold any office to which he may have been elected or appointed by virtue of being a member thereof.
(2) Where any person ceases to be a member of Gram Sabha under sub-section (1) he shall also cease to hold any office to which he may have been elected or appointed by virtue of being a member thereof.
Section 5 Periodicity of Meetings.
The Gram Sabha shall meet from time to time but six months shall not intervene between any two meetings.
Section 6 Convening of Meetings.
The meeting of the Gram Sabha shall be held in accordance with such procedure as may be prescribed.
Section 7 Quorum.
(1) The quorum for a meeting of the Gram Sabha shall be one-tenth of its total membership.
(2) If at the time appointed for the meeting, a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall adjourn the meeting to the same time on the same day in the following week. He shall similarly, after waiting for thirty minutes, adjourn the meeting if at any time after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be posted in the office of the Gram Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum
(2) If at the time appointed for the meeting, a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall adjourn the meeting to the same time on the same day in the following week. He shall similarly, after waiting for thirty minutes, adjourn the meeting if at any time after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be posted in the office of the Gram Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum
Section 8 Gram Sabha Meetings.
Every meeting of the Gram Sabha shall be presided over by the Pradhan of the concerned Gram Panchayat and in his absence, by the Up-Pradhan, and in the absence of both by a member of the Gram Panchayat to be chosen from amongst the members of the Panchayat.
Section 9 Agenda.
The Gram Panchayat shall prepare the agenda for discussion of the Gram Sabha, such matters shall relate to the following, namely:--
(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies if any, made thereto;
(b) the budget of the Gram Panchayat for the next financial year; and
(c) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year.
(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies if any, made thereto;
(b) the budget of the Gram Panchayat for the next financial year; and
(c) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year.
Section 10 Resolution.
Any resolution relating to the functions entrusted to the Gram Sabha under section 11, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha
Section 11 Functions of Gram Sabha.
A Gram Sabha shall exercise the following functions, namely:--
(a) rendering assistance in the implementation of development schemes pertaining to the village;
(b) identification of beneficiaries for the implementation of development schemes pertaining to the village:
Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time the Gram Panchayat can identify the beneficiaries;
(c) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;
(d) to promote adult education and family welfare within the village;
(e) promotion of unity and harmony among all sections of society in the village;
(f) such other matters as may be prescribed.
(a) rendering assistance in the implementation of development schemes pertaining to the village;
(b) identification of beneficiaries for the implementation of development schemes pertaining to the village:
Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time the Gram Panchayat can identify the beneficiaries;
(c) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;
(d) to promote adult education and family welfare within the village;
(e) promotion of unity and harmony among all sections of society in the village;
(f) such other matters as may be prescribed.
Section 12 Vigilance Committee.
The Gram Sabha may also form one or more Vigilance Committees consisting of persons, who are not members of the Gram Panchayat to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting.
Section 13 Constitution of Gram Panchayat.
(1) There shall be constituted a Gram Panchayat for every Gram Sabha.
(2) The Gram Panchayat constituted under sub-section (1) shall be notified in the Official Gazette and shall be deemed to have been constituted from the date of its first meeting.
(3) Every person shall be entitled to be included in the list of electors of Gram Panchayat if he is not less than eighteen years of age on the date of its publication under sub-section (1) and is ordinarily resident within the area of the Gram Panchayat:
Provided that no person shall be entitled to be included in the list of the electors of any Gram Panchayat for more than one Gram Panchayat and no person shall be entitled to be included in the electoral roll of any Gram Panchayat for more than once:
Provided further that if the applicant is included in the electoral roll of any other Gram Panchayat, the officer who includes his name shall inform the officer publishing the electoral roll of that other Gram Panchayat and that the other officer shall, on receipt of the information, strike off the applicant's name from that list.
Explanation.--For the purpose of this sub-section, the expression "ordinarily resident" shall have the same meaning as has been given in section 20 of the Representation of the People Act, 1950 (43 of 1950).
(4) The name of any person included in the list of electors who becomes disqualified at any time after his name was entered in the list, shall forthwith be struck-off from the list in which it is included:
Provided that the name of any person struck-off from the electoral roll by reason of disqualification under clause (c) of sub-section (2) of section 3 shall forthwith be re-instated if such person ceases to become disqualified.
(5) An appeal shall be made within such time and in such manner and to such authority as may be prescribed against any order passed under sub-sections (2) and (4).
(2) The Gram Panchayat constituted under sub-section (1) shall be notified in the Official Gazette and shall be deemed to have been constituted from the date of its first meeting.
(3) Every person shall be entitled to be included in the list of electors of Gram Panchayat if he is not less than eighteen years of age on the date of its publication under sub-section (1) and is ordinarily resident within the area of the Gram Panchayat:
Provided that no person shall be entitled to be included in the list of the electors of any Gram Panchayat for more than one Gram Panchayat and no person shall be entitled to be included in the electoral roll of any Gram Panchayat for more than once:
Provided further that if the applicant is included in the electoral roll of any other Gram Panchayat, the officer who includes his name shall inform the officer publishing the electoral roll of that other Gram Panchayat and that the other officer shall, on receipt of the information, strike off the applicant's name from that list.
Explanation.--For the purpose of this sub-section, the expression "ordinarily resident" shall have the same meaning as has been given in section 20 of the Representation of the People Act, 1950 (43 of 1950).
(4) The name of any person included in the list of electors who becomes disqualified at any time after his name was entered in the list, shall forthwith be struck-off from the list in which it is included:
Provided that the name of any person struck-off from the electoral roll by reason of disqualification under clause (c) of sub-section (2) of section 3 shall forthwith be re-instated if such person ceases to become disqualified.
(5) An appeal shall be made within such time and in such manner and to such authority as may be prescribed against any order passed under sub-sections (2) and (4).
Section 14 Incorporation of Gram Panchayat.
Every Gram Panchayat shall, by the name notified in the Official Gazette under section 13, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts, and shall, by the said name sue and be sued.
Section 15 Electoral Roll of Gram Panchayat.
The electoral roll of the Manipur Assembly prepared under the provision of the Representation of the People Act, 1950 (43 of 1950) and as in force on such date as the State Government may, by general or special order, notify in this behalf for such part of the constituency of the Assembly as is included in the Gram Sabha, shall be the list of electors for such Gram Panchayat.
Section 16 Publication of Electoral Roll of Gram Panchayat.
(1) The list of electors referred to in section 15 shall be published in such manner and by such authority as may be prescribed.
(2) Any person whose name is not included in the list of electors published under sub-section (1) may apply within ten days from its publication to the officer publishing the same for inclusion of his name therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in sub-section (3) and is not disqualified from being included in the list of electors under section 15 after making such inquiry as may be prescribed, direct his name to be included in the list of electors.
(2) Any person whose name is not included in the list of electors published under sub-section (1) may apply within ten days from its publication to the officer publishing the same for inclusion of his name therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in sub-section (3) and is not disqualified from being included in the list of electors under section 15 after making such inquiry as may be prescribed, direct his name to be included in the list of electors.
Section 17 Composition of Gram Panchayat.
A Gram Panchayat shall consist of the Pradhan and such number of directly elected members as may be notified from time to time by the State Government and one member for every 350 population or part thereof of the Panchayat area shall be elected as a member of such Panchayat.
Section 18 Division of Gram Sabha into territorial constituencies.
(1) The Deputy Commissioner shall, for the conduct of the election,--
(i) divide the area of the Gram Sabha into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Gram Sabha area;
(ii) determine the number of seats allotted to each constituency.
(2) One member from each territorial constituency shall be elected by direct election to the Gram Panchayat.
(i) divide the area of the Gram Sabha into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Gram Sabha area;
(ii) determine the number of seats allotted to each constituency.
(2) One member from each territorial constituency shall be elected by direct election to the Gram Panchayat.
Section 19 Reservation of seats.
(1) Seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Gram Panchayat, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of Scheduled Castes or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in such Gram Panchayat, in such manner as may be prescribed.
(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, or as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Gram Panchayat in such manner as may be prescribed
(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, or as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Gram Panchayat in such manner as may be prescribed
Section 20 Term of the Gram Panchayats.
(1) Every Gram Panchayat shall continue for a term of five years from the date appointed for its first meeting and no longer:
Provided that a Gram Panchayat which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration.
(2) The election to constitute a Gram Panchayat shall be completed--
(a) before the expiration of its duration specified in sub-section (1); and
(b) in case of dissolution, before the expiration of a period of six months from the date of dissolution:
Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Gram Panchayat for such period.
(3) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under sub-section (1) had it not been so dissolved.
Provided that a Gram Panchayat which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration.
(2) The election to constitute a Gram Panchayat shall be completed--
(a) before the expiration of its duration specified in sub-section (1); and
(b) in case of dissolution, before the expiration of a period of six months from the date of dissolution:
Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Gram Panchayat for such period.
(3) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under sub-section (1) had it not been so dissolved.