The Manipur Panchayati Raj Act, 1994

Administered Ministry: Ministry of Panchayati Raj

Showing 41 to 60 of 109 results
Section
Section 41 Financial assistance to Gram Panchayats.
Subject to the provisions of this section, every Gram Panchayat shall, after a re-appropriation made by law in this behalf, be entitled to receive grants-in-aid from the Consolidated Fund of the State as recommended by the State Finance Commission, constituted under section 97 of this Act.

Section 42 Budget of the Gram Panchayat.
(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare during each year a budget of its estimated receipts and disbursements for the following year and shall submit the budget to the Zilla Parishad having jurisdiction over the area of the Gram Panchayat.

(2) The Zilla Parishad may, within such time as may be prescribed, either approve the budget or return it to the Gram Panchayat for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval of the Zilla Parishad.

(3) No expenditure shall be incurred unless the budget is approved by the Zilla Parishad. If the Zilla Parishad does not convey its approval within the time prescribed for the purpose, the budget will be deemed to have been approved by the Zilla Parishad

Section 43 Accounts.
Accounts of the income and expenditure of every Gram Panchayat shall be kept in such form and manner as may be prescribed.

Section 44 Audit.
(1) The accounts of a Gram Panchayat shall be audited by the Director, Local Fund Audit and Accounts of the Government of Manipur in such manner as may be prescribed and a copy of the audit report shall be forwarded to the Gram Panchayat within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1), the Gram Panchayat shall either remedy the defects or irregularities which have been pointed out in the audit report and send to the Zilla Parishad within three months an intimation of its having done so, or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it is required to furnish

Section 45 Staff of Gram Panchayat.
(1) There shall be a Secretary for every Gram Panchayat who shall be appointed in such manner as may be prescribed and shall draw his salary and allowances from the Gram Panchayat Fund.

(2) The Secretary shall be in charge of the office of the Gram Panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye-law made thereunder.

(3) The Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the Secretary.

(4) Subject to rules as may be prescribed by Government regarding discipline and control, the Secretary shall act in all matters under the control of Gram Panchayat.

Section 46 Staffing pattern and category of employees.
(1) The Government may, by order, specify the staffing pattern, the scales of pay and mode of recruitment of staff of Gram Panchayats.

(2) The Gram Panchayat shall, subject to sub-section (1), determine and submit for approval of the Chief Executive Officer a category of employees specifying the designation and grades and the salaries and allowances payable to its officers other than the Secretary required for carrying out the duties imposed upon the Gram Panchayat by or under this Act.

Section 47 Appointment and control of employees.
Subject to the provisions of sections 45 and 46 the Gram Panchayat may, with the prior approval of the Chief Executive Officer appoint other employees of the Gram Panchayat and pay their salaries from the Gram Panchayat fund:

Provided that in making appointments, posts for the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens shall be reserved in the same manner and to the same extent as is applicable for the recruitment to posts in the State Civil Services.

Section 48 Establishment of Zilla Parishad.
(1) The Governor shall, by notification in the Official Gazette establish a Zilla Parishad for a district and having jurisdiction over it, with effect from such date as may be specified.

(2) Every Zilla Parishad shall be a corporate body by the name of its district, having perpetual succession and common seal and subject to such restrictions as are imposed by or under this or any, other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, of acquiring, holding and transferring property movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.

Section 49 Composition of Zilla Parishad.
The Zilla Parishad shall consist of--

(a) the members directly elected from the territorial constituencies in the district under section 50;

(b) the members of the House of the People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district; and

(c) ten per cent. of the Pradhans of the Gram Panchayats in the district:

Provided that when the total number of members under clauses (b) and (c) exceed the total number of members under clause (a), only one-third of the members under clause (c) shall be selected on rotation for a period of one year by lot as the Government may decide from time to time and district to district, subject to the condition that a Pradhan who was a member under this clause for one year shall not be eligible to become member for a second term during the remainder of his term of office as Pradhan:

Provided further that all members of the Zilla Parishad whether elected or not from territorial constituencies in the Zilla Parishad area shall have the right to vote in the meeting of the Zilla Parishad except in the election of Adhyaksha and Up-Adhyaksha.

Section 50 Elected Members.
(1) The Government may, by notification in the Official Gazette, determine the number of directly elected members from territorial constituencies keeping in view the overall population of the district at a rate of the one member for every 15,000 population or part thereof.

(2) For the conduct of the election, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by the Government,--

(a) divide the area of Zilla Parishad into territorial constituencies in such manner so that the ratio between the population of each constituency and the numbers of seats allotted to it shall, so far as may be practicable, be the same throughout the panchayat area and determine the number of seats allotted to each constituency;

(b) in relation to each territorial constituency shall elect one or more members through direct election in the manner prescribed.

Section 51 Filling of casual vacancy.
If vacancy of a member in Zilla Parishad occurs because of resignation, death, removal or otherwise, it shall be filled by election in the prescribed manner:

Provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of less than six months.

Section 52 Reservation.
(1) Seats shall be reserved for--

(a) the Scheduled Castes;

(b) the Scheduled Tribes;

in every Zilla Parishad and the number of seats shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Zilla Parishad as the population of the Scheduled Castes in that Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Zilla Parishad 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 the 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 Scheduled Castes and Scheduled Tribes) of the total number of seats filled by direct election in every Zilla Parishad shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Zilla Parishad, in such manner as may be prescribed.

Section 53 Term of a Zilla Parishad.
(1) Every Zilla Parishad shall continue for five years from the date of its first meeting:

Provided that a Zilla Parishad which is functioning immediately before the commencement of this Act shall continue till the expiration of its duration.

(2) An election to constitute a Zilla Parishad shall be completed:--

(a) before the expiry of its duration specified in sub-section (1); and

(b) in case of its dissolution, before the expiration of a period of six months from the date of such dissolution:

Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for such period.

(3) A Zilla Parishad constituted upon the dissolution of a Zilla Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zilla Parishad would have continued under sub-section (1) had it not been so dissolved.

Section 54 Election of Adhyaksha and Up-Adhyaksha.
(1) The elected members of the Zilla Parishad referred to in section 50 shall, as soon as may be, elect two members from amongst themselves to be respectively Adhyaksha and Up-Adhyaksha thereof and so often as there is a casual vacancy in the Office of the Adhyaksha and Up-Adhyaksha, they shall elect another member from amongst themselves to be Adhyaksha or Up-Adhyaksha, as the case may be:

Provided that no election shall be held if the vacancy is for period of less than one month.

(2) The State Government, shall in the prescribed manner reserve--

(a) such number of offices of the Adhyaksha and Up-Adhyaksha of Zilla Parishad in the State for persons belonging to the Scheduled Castes and Scheduled Tribes shall as nearly as may be, the same proportion to the total number of offices in the Zilla Parishad as the population of the Scheduled Castes or of the Scheduled Tribes in the State bear to the total population of the State;

(b) not less than one-third of the total number of offices of Adhyaksha and Up-Adhyaksha in the State from each category which are reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and those which are unreserved, for women:

Provided that the offices reserved under this section shall be allotted by rotation to different Zilla Parishads.

(3) Save as otherwise provided in this Act, the Adhyaksha or Up-Adhyaksha shall hold office for the term of office of the members of the Zilla Parishad

Section 55 Salary and allowances to the Adhyaksha and Up-Adhyaksha and other Members.
(1) The salary and allowances of the Adhyaksha and Up-Adhyaksha shall be such as may be prescribed.

(2) Every member of the Zilla Parishad other than the Adhyaksha and Up-Adhyaksha shall be entitled to receive, such sitting fee and allowances as may be prescribed.

Section 56 Powers, funtions and duties of the Adhyaksha and Up-Adhyaksha.
(1) The Adhyaksha shall--

(a) perform all the duties imposed and exercise all the powers conferred on the Adhyaksha under this Act and rules made thereunder;

(b) convene, preside over, and conduct meetings of the Zilla Parishad;

(c) exercise administrative supervision and control over the Chief Executive Officer and through him, all officers and other employees of the Zilla Parishad and the officers and employees whose services may be placed at the disposal of the Zilla Parishad by the State Government;

(d) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general resolution direct or as the Government may, by rules made in this behalf, prescribe;

(e) exercise overall supervision over the financial and executive administration of the Zilla Parishad and place before the Zilla Parishad all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of the Zilla Parishad; and

(f) have power to accord sanction up to a total sum of rupees one lakh in a year for the purpose of providing immediate relief to those who are affected by natural calamities in the district:

Provided that the Adhyaksha shall place at the next meeting of the Zilla Parishad for its ratification, the details of such sanctions.

(2) The Up-Adhyaksha shall--

(a) in the absence of the Adhyaksha, preside over the meetings of the Zilla Parishad;

(b) exercise such powers and perform such duties of the Adhyaksha as the Adhyaksha from time to time may, subject to the rules as may be prescribed delegate to him by order in writing; and

(c) pending the election of the Adhyaksha or during the absence of the Adhyaksha from the district, or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the Adhyaksha

Section 57 Resignation or removal of the Adhyaksha and Up-Adhyaksha.
(1) The Adhyaksha may resign his office by writing under his hand addressed to the Commissioner, and the Up-Adhyaksha may resign his office by writing under his hand addressed to the Adhyaksha.

(2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority.

(3) Every Adhyaksha or Up-Adhyaksha shall vacate the office if he ceases to be a member of the Zilla Parishad.

(4) Every Adhyaksha or Up-Adhyaksha shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the territorial constituencies of the Zilla Parishad at a meeting specially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one-fifth of the total membership of the Zilla Parishad and shall be delivered to the Adhyaksha. The Adhyaksha shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Zilla Parishad. The meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the Adhyaksha, if the motion is against the Up-Adhyaksha and in the case of Adhyaksha, the Up-Adhyaksha shall preside over the meeting, if it is against both, a member nominated from amongst themselves by the members present in such meeting shall preside over such meeting. In the initial two years of their term as Adhyaksha or Up-Adhyaksha, as the case may be, of Zilla Parishad, no motion of no-confidence shall be brought against them.

(5) If the motion of no-confidence against the Adhyaksha or Up-Adhyaksha or both is once rejected, no fresh motion of no-confidence against the Adhyaksha or Up-Adhyaksha or both, as the case may be, shall be brought before the Zilla Parishad within a period of one year from the date of such rejection of the motion.

Section 58 Resignation of Member.
A member of a Zilla Parishad may resign his membership in writing under his hand addressed to the Adhyaksha of the Zilla Parishad and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.

Section 59 Meeting of the Zilla Parishad.
(1) Every Zilla Parishad shall hold meetings at least once in every three months, at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting:

Provided that the first meeting of a newly constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the prescribed authority may fix:

Provided further that the Adhyaksha when required in writing by one fifth of the members of the Zilla Parishad to call a meeting he shall do so within ten days, failing which the aforesaid members may call a meeting after giving intimation to the prescribed authority and seven clear days notice to the Adhyaksha and the other members of the Zilla Parishad.

(2) One-third of the total number of members of the Zilla Parishad shall form a quorum for transacting the business at the meeting of the Zilla Parishad.

(3) All questions coming before the Zilla Parishad shall be decided, by a majority of votes and in case of equality of votes, the Adhyaksha or the member presiding shall have a casting vote.

(4) Every meeting shall be presided over by the Adhyaksha or if he is absent by the Up-Adhyaksha and if both the Adhyaksha and the Up-Adhyaksha are absent or if the Adhyaksha is absent and there is no Up-Adhyaksha the members present shall elect one from among themselves to preside over the meeting.

Section 60 Minutes.
(1) Minutes shall be kept of the names of the members and of the officers, if any, present, and of the proceedings at each meeting of the Zilla Parishad and if any member present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for purpose and after they are read over and agreed to, shall be signed by the Adhyaksha and Up-Adhyaksha or person presiding at such meeting, and shall at all reasonable times be open to inspection by any member of the Zilla Parishad. Any person may inspect the copy of the minutes of the meeting. The minutes books shall always be kept in the office of the Zilla Parishad and shall be in the custody of the Chief Executive Officer of the Zilla Parishad.

(2) A copy of every resolution passed by the Zilla Parishad shall within ten days from the date of its passing in the meeting, be forwarded by the Chief Executive Officer to the Government.