The Manipur Panchayati Raj Act, 1994
Administered Ministry: Ministry of Panchayati Raj
Section
Section 101 Disqualification for memberships.
(1) A person shall be disqualified for being chosen and for being a member of a Gram Panchayat or Zilla Parishad,--
(a) if he has not attained the age of twenty-one years;
(b) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislatures;
(c) if an order has been passed against him under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974), in proceedings instituted under section 110 of the Code, such order not having been subsequently revised or quashed; or
(d) if he has been dismissed from the service under any local authority; or
(e) if, having been a legal or medical practitioner or a chartered accountant, his name has been removed from the rolls or he is suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
(f) if he has been removed from membership of any local authority; or
(g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder.
Explanation.--For the purpose of this clause, a person shall not be deemed to hold any office of profit under the Gram Panchayat or Zilla Parishad by reason only that he is a Pradhan or Up-Pradhan of the Gram Panchayat or an Adhyaksha or Up-Adhyaksha of Zilla Parishad;
(h) if, save as hereinafter provided he has directly or indirectly any share or interest in any work done by order of the Gram Panachayat or the Zilla Parishad or in any contract or employment with, or under, or by, or on behalf of the Gram Panachayat or the Zilla Parishad; or
(i) if he is employed as a paid legal practitioner on behalf of the Gram Panchayat or the Zilla Parishad or accepts employments as legal practitioner against the Gram Panchayat or Zilla Parishad; or
(j) if arrears of any kind are due by him to the Gram Panchayat or the Zilla Parishad under this Act:
Provided that,--
(a) the disqualification in clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clause (d) or clause (e) shall cease to operate after the expiry of five years from the date of such sentence or dismissal, or disenrolment or earlier by an order of the Government;
(c) the disqualification in clause (f) shall cease to operate after the expiry of five years from the date of such removal;
(d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his,--
(i) having a share in any joint stock company or a share or interest in any association registered under the Manipur Societies Registration Act, 1989 (1 of 1990) in any co-operative society, which shall contract with or be employed by or on behalf of the Gram Panchayat or the Zilla Parishad; or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Gram Panchayat or the Zilla Parishad is inserted; or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Gram Panchayat or the Zilla Parishad.
(2) If any question arises as to whether a member of a Panchayat at any level has become subject to any of disqualification mentioned in sub-section (1), the question referred for the decision of Election Tribunal.
(3) If a person who is chosen as a member of a Panchayat is or becomes Member of the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of Municipal Corporation or a Member of a Sanitary Board, and other Panchayat, then within fifteen days from the date of commencement of the term of office of a Member of the House of the People, the Council of States, the State Legislative Assembly or State Legislative Council or of a Municipal Councillor or a Councillor of a Municipal Corporation or a Member of such other Panchayat his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council or the Municipal Corporation of the Board or such other Panchayat, as the case may be.
(a) if he has not attained the age of twenty-one years;
(b) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislatures;
(c) if an order has been passed against him under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974), in proceedings instituted under section 110 of the Code, such order not having been subsequently revised or quashed; or
(d) if he has been dismissed from the service under any local authority; or
(e) if, having been a legal or medical practitioner or a chartered accountant, his name has been removed from the rolls or he is suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
(f) if he has been removed from membership of any local authority; or
(g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder.
Explanation.--For the purpose of this clause, a person shall not be deemed to hold any office of profit under the Gram Panchayat or Zilla Parishad by reason only that he is a Pradhan or Up-Pradhan of the Gram Panchayat or an Adhyaksha or Up-Adhyaksha of Zilla Parishad;
(h) if, save as hereinafter provided he has directly or indirectly any share or interest in any work done by order of the Gram Panachayat or the Zilla Parishad or in any contract or employment with, or under, or by, or on behalf of the Gram Panachayat or the Zilla Parishad; or
(i) if he is employed as a paid legal practitioner on behalf of the Gram Panchayat or the Zilla Parishad or accepts employments as legal practitioner against the Gram Panchayat or Zilla Parishad; or
(j) if arrears of any kind are due by him to the Gram Panchayat or the Zilla Parishad under this Act:
Provided that,--
(a) the disqualification in clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clause (d) or clause (e) shall cease to operate after the expiry of five years from the date of such sentence or dismissal, or disenrolment or earlier by an order of the Government;
(c) the disqualification in clause (f) shall cease to operate after the expiry of five years from the date of such removal;
(d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his,--
(i) having a share in any joint stock company or a share or interest in any association registered under the Manipur Societies Registration Act, 1989 (1 of 1990) in any co-operative society, which shall contract with or be employed by or on behalf of the Gram Panchayat or the Zilla Parishad; or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Gram Panchayat or the Zilla Parishad is inserted; or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Gram Panchayat or the Zilla Parishad.
(2) If any question arises as to whether a member of a Panchayat at any level has become subject to any of disqualification mentioned in sub-section (1), the question referred for the decision of Election Tribunal.
(3) If a person who is chosen as a member of a Panchayat is or becomes Member of the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of Municipal Corporation or a Member of a Sanitary Board, and other Panchayat, then within fifteen days from the date of commencement of the term of office of a Member of the House of the People, the Council of States, the State Legislative Assembly or State Legislative Council or of a Municipal Councillor or a Councillor of a Municipal Corporation or a Member of such other Panchayat his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council or the Municipal Corporation of the Board or such other Panchayat, as the case may be.
Section 102 Power of State Government to rescind or suspend resolution of a Gram Panchayat or Zilla Parishad.
(1) The State Government may, within a period of six months, by order in writing, rescind any resolution passed by a Gram Panchayat or a Zilla Parishad, if in its opinion such resolution--
(a) has not been legally passed; or
(b) is in excess, or abuse of the powers conferred by, or under this Act or in rules made thereunder.
(2) The State Government shall, before taking any such action under sub-section (1) give the Gram Panchayat or the Zilla Parishad concerned an opportunity for making representation against the proposed order.
(a) has not been legally passed; or
(b) is in excess, or abuse of the powers conferred by, or under this Act or in rules made thereunder.
(2) The State Government shall, before taking any such action under sub-section (1) give the Gram Panchayat or the Zilla Parishad concerned an opportunity for making representation against the proposed order.
Section 103 Constitution of Election Tribunal.
(1) The Government shall constitute Election Tribunal consisting of one member to be appointed by that Government to dispose of:--
(i) all election petitions challenging elections to a Panchayat;
(ii) matters relating to disqualification of a member of the Panchayat; and
(iii) any other election matter,
in such manner as may be prescribed.
(2) The Headquarter of the Tribunal shall be at such place as may be notified.
(3) The decision of the Election Tribunal made under sub-section (1) shall be final.
(i) all election petitions challenging elections to a Panchayat;
(ii) matters relating to disqualification of a member of the Panchayat; and
(iii) any other election matter,
in such manner as may be prescribed.
(2) The Headquarter of the Tribunal shall be at such place as may be notified.
(3) The decision of the Election Tribunal made under sub-section (1) shall be final.
Section 104 Annual Administration Report.
(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the administration of the Zilla Parishad during the preceding year in such form and with such details as the Government may direct and submit the report to the Zilla Parishad. After approval by the Zilla Parishad the report shall be submitted to the Government.
(2) The report submitted to the Government under sub-section (1) shall together with a memorandum by the Government reviewing the working of the Zilla Parishad be laid before the House of the State Legislature.
(2) The report submitted to the Government under sub-section (1) shall together with a memorandum by the Government reviewing the working of the Zilla Parishad be laid before the House of the State Legislature.
Section 105 Power to make rules.
(1) The State Government may, by notification In the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the procedure for convening and holding the meetings of Gram Sabha under section 6;
(b) the manner for publication of Electoral Rolls of Gram Panchayat and the authority competent to publish the same as referred to in sub-section (1) of section 16;
(c) the manner for filing an appeal against the order of the authority publishing the Electoral Rolls as referred to in sub-section (5) of section 13;
(d) the rotation of the reserved seats in constituencies of a Gram Panchayat under sub-sections (1) and (3) of section 19;
(e) the procedure for election of Pradhan and members of Gram Panchayat under section 21;
(f) the manner for filling up the casual vacancies in Gram Panchayat referred to in sub-section (1) of section 23;
(g) the payment of honorarium and other allowances to Pradhan and Up-Pradhan under sub-section (2) of section 27;
(h) powers, functions and duties of Pradhan and Up-Pradhan as referred to in clause (g) of sub-section (1) and clause (c) of sub-section (2) of section 28;
(i) the authority competent to receive and accept the resignation of Pradhan and Up-Pradhan;
(j) the officers to whom the notice of meeting of the Gram Panchayat is to be forwarded by the Secretary under sub-section (3) of section 32;
(k) the manner for co-opting the members by Standing Committee under clause (b) of sub-section (2) of section 38;
(l) the custody in which Gram Panchayat fund shall be kept as referred to in clause (c) of sub-section (2) of section 39;
(m) the procedure for preparation and approval of the budget of Gram Panchayat under section and maintenance of accounts and its audit under sections 43 and 44;
(n) appointment, terms and conditions of service, pay and allowances and other service conditions of the Secretary as referred to in section 45;
(o) the manner of election of members to Zilla Parishad under section 50;
(p) the manner for filling up the casual vacancy in Zilla Parishad referred to in section 51;
(q) the rotation of reserved seats in constituencies of Zilla Parishad under sub-sections (1) and (3) of section 52;
(r) the manner for reservation of seats of Adhyaksha and Up-Adhyaksha of Zilla Parishad referred to in sub-section (2) of section 54;
(s) salary and allowances of Adhyaksha and Up-Adhyaksha and sitting fee and other allowances to the members of Zilla Parishad under section 55;
(t) powers, functions and duties of Adhyaksha and Up-Adhyaksha referred to in section 56;
(u) the authority competent to receive and accept the resignation of Adhyaksha and Up-Adhyaksha under sub-section (2) of section 57;
(v) the additional duties to be performed by the Committees under sub-section (8) of section 66;
(w) the maximum rate of taxes to be levied by a Zilla Parishad;
(x) preparation and approval of budget for Zilla Parishad under section 72;
(y) maintenance of accounts of Zilla Parishad and their audit referred to in sections 73 and 74;
(z) the terms and conditions for appointment of Additional Chief Executive Officer, Chief
Accounts Officer, Chief Planning Officer and other staff members under section 75;
(aa) the superintendence and control of the affairs of Zilla Parishad by the Chief Executive Officer referred to in clauses (c) and (e) of sub-section (1) of section 76;
(ab) the limits of fine to be imposed by Gram Panchayat under sub-section (2) of section 79 and the manner of publication of bye-laws of Gram Panchayat under sub-section (4) of the said section;
(ac) the manner for appointment of member of Finance Commission referred to in sub-section (3) of section 97.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly while it is in session, for a total period of twenty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the successive sessions aforesaid, the House agrees in making modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the procedure for convening and holding the meetings of Gram Sabha under section 6;
(b) the manner for publication of Electoral Rolls of Gram Panchayat and the authority competent to publish the same as referred to in sub-section (1) of section 16;
(c) the manner for filing an appeal against the order of the authority publishing the Electoral Rolls as referred to in sub-section (5) of section 13;
(d) the rotation of the reserved seats in constituencies of a Gram Panchayat under sub-sections (1) and (3) of section 19;
(e) the procedure for election of Pradhan and members of Gram Panchayat under section 21;
(f) the manner for filling up the casual vacancies in Gram Panchayat referred to in sub-section (1) of section 23;
(g) the payment of honorarium and other allowances to Pradhan and Up-Pradhan under sub-section (2) of section 27;
(h) powers, functions and duties of Pradhan and Up-Pradhan as referred to in clause (g) of sub-section (1) and clause (c) of sub-section (2) of section 28;
(i) the authority competent to receive and accept the resignation of Pradhan and Up-Pradhan;
(j) the officers to whom the notice of meeting of the Gram Panchayat is to be forwarded by the Secretary under sub-section (3) of section 32;
(k) the manner for co-opting the members by Standing Committee under clause (b) of sub-section (2) of section 38;
(l) the custody in which Gram Panchayat fund shall be kept as referred to in clause (c) of sub-section (2) of section 39;
(m) the procedure for preparation and approval of the budget of Gram Panchayat under section and maintenance of accounts and its audit under sections 43 and 44;
(n) appointment, terms and conditions of service, pay and allowances and other service conditions of the Secretary as referred to in section 45;
(o) the manner of election of members to Zilla Parishad under section 50;
(p) the manner for filling up the casual vacancy in Zilla Parishad referred to in section 51;
(q) the rotation of reserved seats in constituencies of Zilla Parishad under sub-sections (1) and (3) of section 52;
(r) the manner for reservation of seats of Adhyaksha and Up-Adhyaksha of Zilla Parishad referred to in sub-section (2) of section 54;
(s) salary and allowances of Adhyaksha and Up-Adhyaksha and sitting fee and other allowances to the members of Zilla Parishad under section 55;
(t) powers, functions and duties of Adhyaksha and Up-Adhyaksha referred to in section 56;
(u) the authority competent to receive and accept the resignation of Adhyaksha and Up-Adhyaksha under sub-section (2) of section 57;
(v) the additional duties to be performed by the Committees under sub-section (8) of section 66;
(w) the maximum rate of taxes to be levied by a Zilla Parishad;
(x) preparation and approval of budget for Zilla Parishad under section 72;
(y) maintenance of accounts of Zilla Parishad and their audit referred to in sections 73 and 74;
(z) the terms and conditions for appointment of Additional Chief Executive Officer, Chief
Accounts Officer, Chief Planning Officer and other staff members under section 75;
(aa) the superintendence and control of the affairs of Zilla Parishad by the Chief Executive Officer referred to in clauses (c) and (e) of sub-section (1) of section 76;
(ab) the limits of fine to be imposed by Gram Panchayat under sub-section (2) of section 79 and the manner of publication of bye-laws of Gram Panchayat under sub-section (4) of the said section;
(ac) the manner for appointment of member of Finance Commission referred to in sub-section (3) of section 97.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly while it is in session, for a total period of twenty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the successive sessions aforesaid, the House agrees in making modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 106 Bar to interference by Courts in electoral matters.
Notwithstanding anything in this Act--
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seat to such constituencies, made or purporting to be made under the relevant provision of the Constitution of India shall not be called in question in any Court;
(b) no election to any Panchayat shall be called in question in any Court
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seat to such constituencies, made or purporting to be made under the relevant provision of the Constitution of India shall not be called in question in any Court;
(b) no election to any Panchayat shall be called in question in any Court
Section 107 Taking of oath.
Every member, Adhyaksha or Up-Adhyaksha of the Zilla Parishad and every Member, Pradhan or Up-Pradhan of a Gram Panchayat shall before taking his seat, make at a meeting of the Zilla Parishad or Gram Panchayat as the case may be, an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:--
I,............................................................... being a Member/Adhyaksha/Up-Adhyaksha/Pradhan/ Up-Pradhan of the.................................... do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.
I,............................................................... being a Member/Adhyaksha/Up-Adhyaksha/Pradhan/ Up-Pradhan of the.................................... do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.
Section 108 Repeal and savings.
(1) The Manipur Panchayati Raj Act, 1975 (Manipur Act 12 of 1975) is hereby repealed.
(2) Notwithstanding the repeal of the Manipur Panchayati Raj Act, 1975 (hereinafter referred to as the repealed Act) the repeal shall not affect:--
(a) the previous operations of the repealed Act or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act; or
(d) any investigation, legal proceedings or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, foreiture or punishment may be imposed as if this Act had not been passed.
(2) Notwithstanding the repeal of the Manipur Panchayati Raj Act, 1975 (hereinafter referred to as the repealed Act) the repeal shall not affect:--
(a) the previous operations of the repealed Act or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act; or
(d) any investigation, legal proceedings or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, foreiture or punishment may be imposed as if this Act had not been passed.
Section 109 Removal of difficulties.
If any difficulty arises in giving effect to the provisions of this Act, the Government, may by order, published in the Official Gazette as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.