Extension of the Assam Municipal… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Notification
Year	1950
Jurisdiction	Central
Ministry	Ministry of Home Affairs
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	local

REGISTERED No. D. 221 w$$ H lie mmm mi s

1V.CV.,' ;.:A::hl EXTRAORDINARY FART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY Kfi.l l] NEW DEiMI, TUESDAY, FEBRUARY 9, 19S0/MAGHA ao> rSSl MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 3th February 1960 G S R 150 —In exercise of thei powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to ' the Union terr i tory of Manipur the Assam. Municipal Act, 1956 (Assam Act XV of 1957), as at present in force in the State pf Assam, subject to the following modifications, namely:— Modifications A-GENERAL 1 Whenever an expression mentioned in column 1 of the Table below occurs ii- the Act then unless that expression i s by this notification directed to be other wise modified, or to stand unmodified, or to be omitted, there shall be substituted therefor the expression set opposite to it in column 2 of the said Table and there shall also be made in any sentence in which that expression occurs such conse quential amendments as the rules of g rammar may require..

TABLE State Government Assam Municipal Act, 1923.

Assam Municipal Act, 19-3.

(Assam Act I of 1923).

Gazettes Official Gazette.

Commissioner of Division.

Chief CormnLsionei Assam Municipal Act C923 as extended to die Union territory' of Manipur.

Manipur Gazette.

Deputy Commissioner.

B-SPECIM.

•1. For sub-sections (2) and (3) of section I, the folio-wing sub-sections shall be substituted, namely:— "(2) It extends to the whole of the Union terri tory of Mtanipur, provided that the Chief Commissioner may by notification direct that the Act shall apply to any particular area with such exceptions or modifica tions as may be spei ified (.3) ft shall come into force on such date as the Chief Commissioner may. by notification, direct."

( 23/1 J j - 2 23/ THE GAZETTE O? INDIA EXTRAORDINARY [PAST II . , . ' • * t J ^ ^ J ^ i S S i Pr°v?°^ section 2, for the words "shall continue to * funefeon"' SM bS«bSt^b J e C t t 0 t h S ° t h 6 r p r t m s i o n ° f t h i s A c t ' ™ n t i n u e % W

4. In section 3,—

(i) ^ clause, (3), after the words "Assam Motor Vehicles Taxation Act, 1936" inserted ' " tat t i tozy of Manipur" shall be

(ii) after clause (4), the following clause shall be inserted, namely "(4-A) "Chief Commissioned:" means the Chief Commissioner of Manipur."

(iii) in clause (§), the words "and include the members of the Municipal .board appointed or elected under the A.ssam Municipal Act 1923 " as extended to the Union terr i tory of Manipur" shall be, added a t the end;

(iv) after clause (8), the following clauses shall be inserted, namely:— "(8-A) "Deputy Commissioner" means the Deputy Commissioner of Mani pur or such other officer as may be appointed by the Chief Com- '"**•*•" S f t h i s A c t ^ e r C i 3 S f u n c t i ( m s < * ' * » Deputy Commissioner " ( 8 - B > " R e c t o r f J ^ f e 8 ] L a n d H e a l t h Services" means the Director of Medical and Heal h Services of Manipur or such other officer as "* may be appointed by the Chief Commissioner, to exercise the func tions of the Director of Medical and Health Services under this Act";

(v) in clause (23) for the, words "local Boards" the words "Territorial Council of Manipur, Local Boards" shall be substituted; ~LU1Wnal (Vi) after clause (29), the following clause shall be inserted, namely:— "(29-A) "Notification" means notification in the Manipur Gazette";

( V l i ) 'mm^T,%(ll °f w-r* C ! 6 ) ' l0T t h 3 w o r d " 3 t a t e " > t h e ™ r d "Govern-meat ^RU oe substituted.

0. In section 4,—

(i) in sub-section (1), the words "in the official Gazette" shall be omitteo*

(ii) in sub-section (3), for the words "both in English and the Vernacular nf • J ^ S T E S W W O r d s " i n E n ^ > M a i ^ " r i and such ot lSi S n g ^ g e as the Chief Commissioner may deem fit" shall be substituted.

6. In section 7,—

(i) in clause (b) of sub-section (1), for the words "State Government" in (il> fa*S?SS^^2^^ ^ ™ they t ,hJ-JlZJ}^ ( 7 } °l HTeCJion U> inr ihe w o r d s " t h e A s s a m Medical Act 1916" S b s t i l t e d . a n y U l W r e l a t i n g t 0 ™^^™ of medical practi t ioners" shal? be > ~ * 8 In section 16, for the words "the district within which the, election has fae*rt or should nave been held and in the case of Shillony M u n i c i S i t y i o Sei Dis t r iS Judge, Lower Assam Districts". the word "Manipur" shall b ! substituted. " ^

9. In section 33,—

(i) for sub-section (1), the following shall be substituted, namely:— " 3 3 ( 0 . The Chief Commissioner may appoint the chairman of any Eoard K a chan-man is appointed by official designation, the person for the time being holding the office shall be the c h a i r m a n " ;

(ii) in sub-section (2) for the words "approval of Government" anV

10. In sub-section (2) ol section sum* shall be omitted. the words "and the Commissioner of Divifee. 3 (1)] THE GAZETTE OF INDIA EXTRAORDINARY

11. In section 50,—

(i) in the second proviso to sub-section (1), for t he words "State Govern ment" in the first place where they occur, the word "Government shall be substituted.

(ii) in sub-section (2), for the words "Government in the Local Self-Government Department" , the words "Deputy Commissioner" shall be substi tuted.

12 In provisos (1) and (2) to section 51, for the words "State _ Government Officiate", the words "persons serving under the Manipur Administrat ion shall be substituted.

13. In section 53, for the words "unless the Sta te Government agree", the words "'unless the Government agrees" shall be substi tuted.

14. In sub-section (3) of section'68, for the words "the Sta te" occurring at two places, the words "a S ta te" shall be substituted.

15 In clause (a) of s u b j e c t i o n (1) of section 71, for the words "State Govern ment" occurring at the First place, the words "Chief Commissioner or the Govern ment" shall" be substituted.

16. In clause (a) of section 73, for the, words "State_Government", the words "Chief Commissioner or the Government" shall be substituted.

17. In sections 89 and 113, for the words "State of Assam", the words " the Union territory of Manipur" shall be substituted.

18 In sub-section (2) of section 140, for t he words "English and the Vernacular of the district", the words, "English, Manipuri and such other language as may be prescribed" shall be substituted.

19. In sections 187 and 194, for the words "Assistant Director of Public Health, Civii ' Surgeon, District or Sub-divisional Medical Officer of Heal th or Health Officer" the words "Director of Medical and Heal th Services, or a Public Health Officer of the Manipur Administration or Health Officer of the Board or such other Medical Officer of Health as may be prescribed", shall be substituted.

„0. In section 209, for t he words "Director of Health Services", the words "Direc tor "of Medical and Health Services" shall be substituted.

21. In section 210,— fi) m sub-section (1), for the words, "District or the Sub-divisional Medical Officer of Health, as the case may be", the words "Public Health Officer of the Manipur Administration or such other Public Health Officer as may be prescribed", and for the words "Director of Heal th Services", in both the places where they occur, the. words "Director of Madical and Health Services" shall be substi tuted;

(ii) sub-section (2) shall be omitted.

22 In section 218, for the words "Agriculture Depar tment of Government" , the wo**ds "Agriculture Depar tment of the Manipur Administrat ion" shall be substi tut ed.

23 In sub-section (4) of section 228, for the words "Civil Surgeon", the words "Director of Medical and Health Services" shall bo substituted.

24. In sub-section (4) of section 229, for the words "Indian Pet ro leum Act, 1399", Die words "Pet ro leum Act, 1934" shall be substituted.

25 In sub-section (3) of section 247 and sub-section (2) of 243, for the words "Commissioner of Division" whenever Miry occur, the words "Chief Commissioner" shall be substituted,

26. In sub-section (3) of section 251, for the words "shall be payable to the State Government" , the words "shall be payable to the Government" shall be substituted.

i!7 Tn sub-section C2) of section 252, for the words "Civil Surgeon or Health Officer", the words "Director of Health Services or Public Health Officer of the Manipur Administrat ion or Health Officer of the Board" shall be substituted.

r tst '' 23/4 THE GAZETTE OF INDIA EXTRAORDINARY . [PART Vtom AJJL % ^ t f t 0 v ^ / V S S & H 1 2 ? 9 ' f o r t h e w o r d s "Provisions contained in tfc§ S f f i J ^ ^ S J ^ < m / C S 1 9 T ' t h e w o r d s " l h e Provisions of the law, if anfc W & f i & J 0 5 n 1 E d u ™ t i o n for ^ e tune being in force in the Union terri tory of Manipur shall be ^substituted.

niJSiJS f h U S S S ?}J$&*t& Qt s e c t i o n 2 B 0 < tor ihe w o r d s "Commissioner of Division , the words "Chief Commissioner" shall be substituted.

3£- g section 263, fo r the words "Assam Births and Deaths Registration Act, De substituted "a S n d M a n i a S e s Registration Act, 1836" shall

31. In section 266, for the words, "The State Government", the words "Subject 10 sucn conditions as the Government may impose, the Chief Commissioner" shali tJe SUDStituted.

/ " * u 3 3 ^ I n s e . c t i . o n 296> & ? .words "the Commissioner of Division" and the words the Commissioner of Division or" shall be omitted. _•."'

33. In section 297,—

(i) in sub-section (3), the words "in the district in which the Municipality is situated shall be omitted and for the words "Commissioner of Division m both the places where they occur, the words "Chief Com missioner" shall be substituted;

(H) for sub-section (4), the following sub-section shall be substituted, namely:— "(4) where any person is appointed under sub-section <2> or sub-section

(3), the Deputy Commissioner may direct that the expense of nerforming the duty, executing the work or doing the act, together with reasonable remuneration, if any, to the person so appointed, shall forthwith be paid by the Board".

34 In clause (c) of sub-section (1) of section 299, for the words "State Govern ment ' ' , the word "Government" shall be substituted.

35. In section 3QG,—

(i) in sub-section (1), for the words, brackets and letters "the mat te r shall be referred—

(a) to. the Deputy Commissioner, if the local authorities concerned are in the same district; or

(b) to the Commissioner of Division concerned if the local authorities are in chfferent districts";

the words "the. matter shall be referred to the Deputy Commissioner" shall be suostriuteo;

(ii) for sub-sections (3) and (4), t h e following sub-sections shall be substitut ed, namely:— "(3) If in a case mentioned in sub-section (1), the Deputy Commissioner is a member of one of the local authorities concerned, his functions under this section shall be discharged by such officer as the Chief Commissioner may appoint.

(4) An Appeal shall lie-to the Chief Commissioner against a decision of the depu ty Commissioner or of the officer appointed imdpr suh-secnon (o) •.

k 3(5. In section 330, for the words "Calcutta Survey Act, 1087", the words ' l a w Tg&£ftgfiZ SJS8UP the lime **• in **°*»lh° « * • te™'^

37. The First Schedule shall be. omitted.

($EC, 3 (i)] THE GAZETTE OK INDIA EXTRAORDINARY ANNEXURE The Assam Municipal Act, 1956 {Assam Act XV of 1957) as amended by this Notification.

ASSAM MUNICIPAL ACT, 1958 (Assam Act XV of 1957) WHEREAS it is expedient to make better provision for the organisation and administration of municipalities in Assam;

It is hereby enacted in the Seventh Year of the Republic of India aa follows:—

CHAPTER I PRELIMINARY

1. Short title, extent and commencement.— (1) This Act may be called the Assam Municipal Act, 1956.

(2) It extends to the whole of the Union terr i tory of Manipur, provided that the Chief Commissioner may by notification direct t h a t the Act shall apply to any part icular area wi th such exceptions or modifications as may be specified.

(3) It shall come into force on such date as the Chief Commissioner may, by notification, direct.

• 2. Repeal and Savings.—On and from the date on which this Act comes into force, the Assam Municipal Act, 1923 (Act I of 1923), as extended to the Union territory of Manipur shall be repealed:

Provided that—

(a) the said repeal shall not affect the validity or invalidity of anything already done under the said enactment;

(b) all Municipal Boards constituted under t he Assam Municipal Act, 1923 (Assam Act I of 1923) shall, subject to the other provisions of this Act, continue to function for the remaining period of their t e rms as if they were constituted under this Act; and •(c) all Municipalities constituted, limits defined, regulat ions and divisions made, all rules and bye-laws, notifications, orders, appointments and assessments made, licenses and notices issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions c-r sanctions granted, contracts entered into, suits insti tuted and proceed ings taken under the Assam Municipal Act, 1923 (Assam Act I of 1923) as extended to the Union territory of Manipur and in force immediately before the commencement of this Act shall continue to be in force and in so far as they are. not inconsistent wi th this Act, shall be deemed to have been respectively made, issued, imposed or assessed, passed, approved, granted, entered into, instituted and taken under this Act until new provisions are made under this Act.

3. Definitions.*"I& this Act, unless there is anything repugnant in the subject i>r context.— i

(1) "Board" means a Municipal Board.

(2) "Building" means a house, hut, shed or other roofed structure, for what soever purpose and of whatsoever material constructed, and every par t thereof, but shall not include a tent, or other merely temporary shelter including any kind of temporary shed erected on ceremonial or festive occasions;

(3) "Carr iage" means any wheeled vehicle with springs or other appliances acting as springs, of a kind ordinarily used for conveyance of human beings and includes im-rickshaws, cycle-rickshaws, bicycles and t r i cycles but does not include perambulators and in part icular does not include any motor vehicle as defined in the Assam Motor Vehicles Taxation Act, 193<3 (Aet 1 of 1936), as in force in the Union territory cjf Manipur, 23/6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II , " • i ——~- __ ^ a s d u p

(4) "Cart" means any cart, hackney, or wheeled vehicle with or without springs, which is not a carriage as defined in sub-section (3); £ (4-A) "Chief Commissioner" means the Chief Commissioner of Manipur.

(5) "the Commissioners" means the persons for the time being appointed or elected to conduct the affairs of any municipality under this Act, and include the members of the Municipal Board appointed or elected - under the Assam Municipal Act, 1923, as extended to the Unionterritory of Manipur;

(6) "Compost-manure" means the produce prepared from offensive matter , rubbish and sewage by subjecting them to the process of compost making in the manner prescribed by rules;.

(7) "Conservancy" means the removal and disposal of sewage, offensive mat te r and rubbish;

(8) "Cubical extent" when used with reference to the measurement of a .building, means the space contained within the external surfaces of its * £ * walls and roof and the upper surface of the floor of its lowest or 'only storey;

(8-A) "Deputy Commissioner" means the Deputy Commissioner of Manipur or such other officer as may be appointed by the Chief Commissioner e to exercise the functions of the Deputy Commissioner under this Act;

(8-B) "Director of Medical and Health Services". means the Director of Medical and Health Services of Manipur or such other officer as may be appointed by the Chief Commissioner, to exercise the functions of the Director of Medical and Health Services under this Act.

(9) A supply of water for domestic purposes shall not be deemed to include a supply:—

(a) for animals or for washing carriages where such animals or carriages are kept for sale or hire,

(b) for any trade, manufacture or business other than those c o n c e r t ;

with the manufacture or supply of articles of food and drink ' I n human beings,

(d) for watering gardens, roads or paths,

(e) for any ornamental or mechanical purpose,

(f) for building purposes;

(10) "Drain" includes a sewer, a house-drain, a dra in of any other description, a tunnel, culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter , polluted water, ra in wate<r or sub-soil water ;

(11) ' 'Financial year" means the year commencing on t he first day of April* S*BS" or on such other elate a s the Chief Commissione.r may, by notificstior' appoint;

(12) "Food" notwithstanding anything contained in the Prevent ion of Food Adulteration Act, 1954 (Act 37 of 1954), includes every article used for food or_ drink by man other than chugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionary, flavouring and colouring matter and spices and condiments;

(1C) "Half-year" means a half-year commencing on the first day of A - r r or the first day of October, or on such other dates as the Chief Com missioner may by notification appoint; j

(14) "Holding" means land he ld under one title or agreement and surround* t d by one set of boundaries;

bEC, 3 gg THE GAZETTE OF INDIA EXTRAORDINARY V ^ ^ / 2 3 / 7

Provided that where two or more adjoining holdings form part and parcel of the c i te or premises of a dwelling-house, manufactory, -warehouse, or place or, trade or business, such holdings shalL be deemed to be one holding for the pur poses of this Act; 1

Explanation.—Holdings separated by a road or other means of communication shall he deemed to be adjoining within the meaning of tms proviso.

Provided also that where land has been let out to occupants in separate pa r cels paying rents separately, each such parcel shall be t rea ted as a distinct holding in spite of such parcels of land being held under one title.

(15) Any plot of land having clear boundaries and lying entirely vacant, if ht for building purposes or if yielding any income, shall, when not appur tenant to any buildings and not used for any agricultural pu r poses, be regarded as a 'holding'.

(16) "House" means any hut, shop, warehouse, workshop, a masonry or f ramed building.

(17) "House-gully" means a passage or strip of land constructed, set apart, or utilised, for the purpose of serving as a drain or affording' access to a latrine, urinal , cess-pool or other receptacle for filthy or polluted mat te r by municipal servants or by persons employed m the cleans ing thereof or in the removal of such mat te r therefrom, and includes the air-space above such passage or land;

(18) "Hut" means any building, which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary s t ructure of whatever size, or any small building of whatever mater ia l made;

(19) "Infectious or contagious disease" means cholera, plague, small-pox, kala-azar, tuberculosis, diphtheria and typhoid or enteric fever or such other dangerous disease as the Chief Commissioner may notify in this behalf; i

(20) " inhabi tant" used with reference' to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;

(21) "Joint family" means a family of which the members l ive together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the case may be, of its m e m bers but shall exclude marr ied daughters and the i r children;

(22) "Land" includes (besides land) benefits arising out of land, houses and things attached to the earth, or permanent ly fastened to anything at tached to the ear th and also land covered by water ;

(23) "Local authori ty" includes Terri torial Council of Manipur, Local Boards, Municipal Boards, Town Committees and Panchayats ;

(24) "Lodging house" means a house in which visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation;

(25) "Magistrate" includes the District Magistrate, the Subdivisional Magis trate and any Maiigistrate to whom either such Magistrate, has made over any duties under this Act;

(26) "Marke t" means any place where persons assembly for the sale of articles intended for food or drink or of livestock or other merchan dise; i

(27) "Municipal Board" means the Body of persons for the time being elect ed or appointed to conduct the affairs of any municipali ty under this Act;

(28) "Municipal Market" moans s market belonging to or maintained by the Board;

(29) "Municipali ty" meai my local, area declared by or under this Act 1.0 be a municipali ty; 1 (29-A) "Notification" means notification in the Man'yjur Gazette;

THI GAZETTE OF INDIA EXTRAORDINARY [PART « — i - — ^ • - — - -. ^ _ . j ^ J *<*

(30) Nuisance includes any act, omission, place or thing which causes or is h&ely to cause mjury, danger, annoyance or offence to the sense f # ot sight, smelling or hearing or which is, or may be, dangerous t o J T nfe or injurious to health or property; •

(31) "Occupier" means the person for the time being in actual occupation of, o r paying or liable to pay to the owner, the rent or any portion ot toe rem of t n e land or building in respect of which the word is ^ " ? ' , a n d «*&"*«• a Person occupying a holding or par t of a holding len t free, and an owner living in his own house;

(32) "Offensive mat ter" means dirt, dung, kitchen and stable refuse, putr id v ^ S ™ f £ v S U b s t a n C e s > a n d fllth o f a a ^ k i n d n o t de luded in the

(33) "Owner" includes—

(a) the person for the time being receiving the rent of any land or build ing or of any part of any land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver, or who would ao receive such rent if the land, building or part thereof were let to a tenant, and - i

(b) the person for the time being in charge of the animal or vehicle, in connection with which the word is Used;

(34) "Platform" as used in Section 165 means any structure which is placed seweT crTqueZctr^13 ***' " ^ ^ ^ " * * 0 r "** ° P e n d r a i n '

(35) "Prescribed" means prescribed by rules under this Act;

(36) -Public road" means any street, road square, court, alley, passage or pathway over winch the public have a right of way, whether a thorough fare or not, and includes— '

(a) the roadway over any public bridge or causeway, • ( b ) t h a e n j 0 0 t w a y att<*h<3d to any such road, public bridge or causeway WT

(c) the drains attached to any such road, public bridge' or causeway and me land, whether covered or not, by any pavement, verandah or other struc cure .which lies on either "side of the roadway up to the boundaries of the adjacent property whether tha t property is pr i va te property or property of the Government; ' W

(31) ' 'Private road" means any street, road, square, court, alley or passage which is not a public road and includes a pathway made by me o w n l r of such^prernisis-8 ° W B **** *° S P C U r e a C C e 3 3 t o 0 r t h e convenient use ($&) "Rates" as used in Section 14 means:

(a) the tas upon the annual value of holdings,

(b) license fees, . i

(e) the drainage tax, T ) the latrine-tax on the annual va'-ie of holdings; and fg) the tax on private markets ; ' -1 ' ^ T c m d ^ I e ? ; S 1 0 n " r 0 " e r e c t " ' w h e " , , s c d ^ i * reference to a building, in - ( a ) t h ^ / ? c ^ U " " c t i ° ? ° V huiicling, acter more than one-half of ite down n a °° b u v n t dpVv"n o r h a s f a l l s n C b ) L h ! ; , J : c n """ r s J o n 1 . o f WW or more huts or temporary structures into a masonry or Framed builduig', ,5BC g «« THIS GAZETTE Off INDIA £XTk fc) the conversion into a place tor human habitation of any building not originally constructed far such habitation; and

(d) the extension o.f a building;

(40) "Rubbish" means broken brick, mortar , broken glass, or re tose of any kind whatsoever not included ffi the te rm "offensive matter , *4n "Salaried servant of Government" means a wholetime servant of the ( 4 1 ) G o v e r n m e i who receives his salary direct f rom any Government radTincludes a manager of an estate under the Court of Wards and an office whose s l i c e s have been lent b y any Government to a local authori ty but does not include a retired servant of Government in receipt of a pension;

tm "Sewage" means night-soil and other contents of latrines, urinals, cess- '" poofs and drains, and includes polluted water from sinks ba th - room* s t r i f e s , c a t t l e - sheds and other like places and also discharges from manufactories of all kinds; i M3> "Water works" includes all tanks, streams, cisterns, springs, Pumps, wells reservoirs, aqueducts, sluices, mains, pipes, hydrants , s tand- Pipes; conduits, and4 all engines, machinery lands, buildings and things for supplying or used for supplying water .

CHAPTER .11 CONSTITUTION OF MUNICIPALITIES 4 Notification of intention to create, alter limits of, or abolish municipality.- <1) T £ ChS^Commissioner may, by notification, and by such other means as U may determine, declare its intention— i tri to constitute any town together wi th or exclusive of any railway C S ) station! village! building or land contiguous to any such town, a municipali ty under this Act;

(b) to include within a municipality any local area contiguous to the same;

(d) to wi thdraw the whole area comprised in any municipality from the operation of this Act; i

Provided that no municipality under this Act shall include any military can- •ionment or pa r t of a military cantonment.

(4) Every notification published under sub-section (1) shell define the limits •of the local area to which it relates.

h K been so posted up, and is open to inspection m <ucn office.

=; Ohfeettoit to the creation, 'iltvrarlon of limtt*. or abolition of municipality- 3fet"js sKa-aa;-.-.:: s s s s s tsfssx lion.

2 3 / 1 0 T H E GAZETTE OI* INDIA EXTRAORDINARY [1'ART ft ~ ~ " ~~ = = a W

(2) When sixty days from the date of the publication of the notification h a v e expired, and after considering any objection which may be submitted, the Chi^f A Commissioner may by notification,— " , ijL, Wf

(a) constitute the local area or any specified par t thereof to be a municipal i ty under this Act, or

(b) include the local area or any par t thereof in the municipality or e x clude it therefrom, or

6. Effect of including local area in municipality.—When a local area is included in a municipality by a notification published under section 5, sub-section (2) all the provisions of this Act and all rules and bye- laws made, orders, d i rect ions 'and notices issued ana powers conferred thereunder and in force throughout t h e municipality at the t ime when the local area is so included, shall apply thereto unless the Chief Commissioner, by notification, otherwise direct.

7. Effect of excluding local area from municipality or withdrawing the whole, w area of muncipalixy fro-m Act.—(1) When a local area is excluded from a ir>uni- r* cipality by a notification published under section 5, sub-section (2),—

(a) this Act and all rules and bye-laws made, orders, directions and notices issued, and powers conferred thereunder shall cease to apply thereto ,

(b) the Chief Commissioner shall, a l ter consulting the Board frame a ""* scheme determining wha t portion of the balance of the municipal fund and other property vested in the Board shall vest in the Gov ernment and in what manner the liabilities of the Board shall b ° apportioned between t he Board and the Government; and. on t h e publication of such scheme in the gazette, such property and liabili ties shall vest and be apportioned accordingly.

(2) 'tea the whole area comprised in any municipality is withdrawn from /o? °L? r a» c l o n °\ % s A c t hY a notification published under section 5, sub-section {£), this Act and all rules and bye-laws made, orders, directions and notices issued and powers conferred thereunder, shall cease to apply thereto; and the ba lance of the municipal fund and all other property at the time of the issue of the no i i - flS^J*8*!*^ml B o P d s 1 h a 1 1 v e s t 'm t h e Government and the l i a b i l i t i e s the Board shall be transferred to the 'Government. -:m ^ 8 ^ T r o t f f ' , , t o ca'cef>t mauncipality from provisions of Act unsuited thereto.—, U ) . fahould the circumstances of any municipality be such that any of the pro visions o:c this Act are unsuited thereto, the Chief Commissioner may, by notifica tion, either of t h e * o%vn motion after consultation with the Board or on the re~ commendation of the Board at a meeting specially convened for the purpose e x - - h - t n n o n " h i C 1 F v i t y ° r ^ T p a r 1 t *? tt f r o m t h s operation of those provisions; and & ? ^ V * ?• I 3 1 ' ° ^ 3 1 0 n s s h a U n o t aPP2y to the municipality unt i l applied thereto hy notmcation after consultation with the Board.

. . J S ?££*t, S iU 0 h ? B c e ? t i o r t i a s a f o r e sa i<i remains i n force, the Chief Commis- S ? V * S £ £ S f e 3 f ° r $£ § u l d O T - c e o i the Board and public officers in res pect ol the matteis excepted from the operation of the said provisions.

3. Erection and maintenance of boundary marks.—Every Municipal Board**"" a . ieauy existing and every municipality nawly constituted under this" Act and every municipality whose local limits are altered, shall cause to be erected a n d HK UP and thereafter mainta in substantial boundary marks defining the limits o r i' ^ ^ : ; i ' f a , J lf l t 3 ,of ft? ailea y " b Jec t to its authority, as set out in any notifica tion published under this Act. {

CHAPTER M MUNICIPAL BOARDS Constitution of Municipal Boards IQ, Constitution of Municipal Board,—There shall be established for c-aeh nunici:oality a body of Commissioners designated as the Municipal Board having thority pver the raunicapality. Such a Board shall be a body corporate hy the lame or me Municipal Board of , having perpetual succession .ma a common seal, and by that name shall sue and be sued " SEC. 3 (i)] THE GAZETTE OF INDIA EXTRAORDINARY

11. Number of Commissioners.(1)—The number of Commissioners of each Municipal Board shall be such as the Chief Commissioner may by notification de termine in this behalf: ,

Provided that the number of Commissioners shall in no case be more tha r thirty or less than ten. ,

(2) The Chief Commissioner may appoint Government servants as expert advisers who shall have the r ight to at tend and speak at all meetings of the Board but not the r ight to vote. Such exper t advisers shall not be deemed to be Com missioners for the purposes of this Act.

(3) Of the total number of Commissioners as determined under sub-sect'on

(1), not more than two may be appointed by the Chief Commissioner to represent Scheduled Castes, Scheduled Tribes and other socially and educationally Back ward Classes, and the remainder shall be elected. The Chief Commissioner may • a t any time, direct that ail the Commissioners of any Municipal Board shall be elected. ; ,

(4) The Scheduled Castes and Scheduled Tribes specified under Articles 341 and 342 of the Constitution of India and the socially and educationally Backward Classes as notified from t ime to t ime by the Chief Commissioner shall be deemed to be the Scheduled Castes, Scheduled Tribes and the socially and educationallv Backward Classes respectively within the meaning of this Act.

12. Election of Commissioners.—The election of Commissioners shall be con ducted in accordance with rules prescribed under this Act,

13. Power to divide municipality into zoards and to fix the number of Com missioners of each ward.—The Chief Commissioner may, in case of new munici palities of its own motion, and in case of municipalities already in existence at the time the notification is made after consideration of the views of the Board at a meeting, by notification, divide a municipality into wards for the purpose of the election of Commissioners and determine the number of Commissioners to beelected from each such ward. ,

14. Qualification? of voters.—Every person of the full age of twenty-one years .

being a citizen of India, who has been for a period of not less than twelve months immediately before the 1st of J anua ry of the year for which the municipal elec toral roll is being prepared, hereinafter referred to as "the prescribed date", resi- Cwnt within the limits of a municipality and occupies a holding assessed to tax:

under Section 68 of the Act or an inhabi tant thereof, and. who—

(i) has, dur ing the twelve months immediately preceding the prescribed date, paid m respect of any rates an aggregate amount of not less than one rupee, or

(ii) is a member of joint family of which any member is a voter under i tem ( i ) , or ,

(hi) being a graduate of any University, or having passed the Intermediate or Matriculat ion Examinations of the Gauhati , or any other Universi ty or the corresponding s tandard of the same or any other University, or Middle English or Middle Vernacular or an equivalent examina tion or senior or junior Madrassa Examination under the old or r e formed scheme, or the Sanskr i t Title Examinat ion of the Calcut ta / Assam Sanskri t Association, or having read u p to Class VII of a High School or being a registered medical practitioner under any law relat ing to registration of medical practitioners or being an Advocate Pleader Oi1 months aforesaid in respect of any rates an aggregate amount odTnot less than one rupee, or

(iv) is a manager or person i s charge of a company, firm, society or busi ness owning or occupying any land or building within the limits of the municipality if the company, firm, society or business possesses the qualification set forth hi clause ( i ) ;

shall on registration in the - i . lualifiecl to vote at the election of the Commissioners of such •municipality.

.23/12 THE GAZETTE OE INDIA EXTRAORDINARY [PART H

Explanation.—Tax' for the purpose of this Section shall not include service charges. i

15. Ineligibility for election.—No person shall be eligible for election as Com-?

.Bnissioner of a Municipal Board if such person—

(i) is not entitled to vote at the election of Commissioners of the Municipal Board, or i

(ii) has been adjudged by a competent Court to be of unsound mind, or

(in) is an uncertificated bankrupt or an undischarged insolvent, or

(iv) has during the four years immediately preceding the date of the elec tion been convicted by a Criminal" Court of an offence involving a sentence of transportation or imprisonment for an offence involving" moral turpitude, or of an offence under Chapter IXA of the Indian Penal Code, (Act XLV of 1860) or served any portion- of a sentence on such conviction, or has been ordered by a Criminal Court to furnish security for good behaviour under the Code of Criminal Procedure (Act V of 1898) unless such conviction or order has been set aside, or such offences pardoned by competent' authority, or

(v) has been declared by notification to be disqualified for employment in, the public service, or

(vi) has during the four years immediately preceding the date of election been debarred from practising as a legal practitioner by order of any competent authority, or

(vii) is a salaried servant of Government or is an employee of any Local Authority, or

(viii) is in arrear for more than three months on the date of submission of nomination paper of any dues to the municipality including the dues in respect of the holding of which he is a resident or occupant.

16. Proceedings to set aside an election.—If the validity of an election of a Commissioner is brought in question by an unsuccessful candidate or cerson qualified to vote at the election to which such question refers, such person may, at any time within twenty-one' days after the date of the declaration of the resutfi •of the election, file a petition in the prescribed manner before the District Jud^*» of Manipur, and shall at the same time deposit one hundred rupees in Court as security for the costs likely to be incurred:

Provided that the Deputy Commissioner or the Subdivisional Officer, as the case may be, may be authorised by the Chief Commissioner to receive election petitions on behalf of the District Judge for transmission to him:

Provided further that, the validity of such election shall not be questioned £$ any such petition—

(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll: or

(b) on the ground tha t the name of any person not qualified to vote has been inserted in the electoral roll; or

(c) on the ground of acceptance or refusal of nomination of candidates provided further that an appeal in the manner prescribed shall lie to the District Judge against such acceptance or refusal of nomination.

17. Procedure and powers of Judge holding enquiry.—(1) Where a petition has been filed under section 16 the District Judge, or any judicial officer subordinate to him and not below the rank of a Subordinate Judge other than an officer exercising the powers of a Subordinate Judge ex-officio (hereinafter referred to in this chapter as the Judge) to whom the District Judge may transfer the petition, may after holding such inquiry as he deems necessary, in accordance with" the prescribed procedure and subject to the provisions of sections 13 and hh pass an order confirming or amending the declared result of the election or setti.if£ the election aside.

(2) For the purposes of the said inquiry the judge niay summon and enforce the attendance of witnesses and compel them to produce documents or articles in their possession and to give evidence as xi he ware a Civil Court, and may also Nils' SEC. a (ijj THE GAZETTK OF INDIA EXTRAORDINARY^-—-^ 23/13.

direct by whom the whole or any part of the costs of such inquiry shall be paid and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (Act V of' 1908).

(3) The Judge may at any stage of the proceedings, require the petitioner to deposit in Court a further sum as the costs incurred or likely to be incurred by any respondent, or to give security, or further security., for the payment of the same and if, within the time fixed by him, or within such further time as he may allow such costs are not deposited or such security is not furnished, as the case may be, may dismiss the petition.

(4) An appeal shall lie to the District Judge from any decision or order of a Subordinate Judge, and a decision or order of the District Judge, either when hehas himself made the enquiry or an appeal, shall be final.

18. Setting aside of election.— (1) If the Judge after holding an enquiry is satisfied that— fa) the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by a corrupt practice, or

(b) the election has not been a free election by reason of the general emplovment of bribery or undue influence as defined m Chapter IXA of the Indian Penal Code (Act XLV of 1860) or by reason of any form.

of general intimidation, including any form of social boycott, or

(e) the result of the election has been materially affected by any non compliance with the provisions of this Act or the rules made there under or by any mistake in the use of any form prescribed for an election or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder, he shall declare the election of such candidate to be void and if the election is set.

aside for any cause which is the result of acts of a candidate or his agents may declare that candidate to be disqualified for the purpose of such fresh electlooas may be held under section 22.

" ' (2) If after any such inquiry, the Judge is of opinion that a returned candi date has ' been guilty by an agent (other than his election agent) or any other' person of any corrupt practice which does not amount to any form cS bribery other than t reat ing as hereinafter explained or to the procuring or aoetment of personatfon and if the Judge is also of opinion that the candidate has satisfies him that—

(a) no corrupt practice was committed at such election by the candidate or his election agent and the corrupt practices which were found by the Judge to have been committed were of a trivial, unimportant and limited character and were committed contrary to the orders anu without the sanction or connivance of such candidate or his ejection agent, and

(b) in all other respects the election was free from any corrupt practice on the part of such candidate or any of his agents, then the Judge may find that the election of such candidate is not void.

Explanation.—For the purposes of this sub-section " t reat ing" means the in curring in whole or in part by any person of the expense Of giving or providing;

any food, drink, entertainment or provision to any person with the object, directly or indirectly of inducing him or any other person to vote or refram from voting or as a reward for having voted or refrained from voting.

19 Scrutiny of votes and declaration ifl other car.es.—tf, in any case to whirl', •ection 18 does not aoplv. the validity of an election is in dispute between two or;

i jore candidates, the" Judge shall, after scrutiny and computation or the votes recorded in favour of each such candidate, declare the candidate who is found tohave the greatest number of valid votes in his favour to have been duly elected:

Provided that for the put-Dose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person.

known or unknown in giving or obtaining it.

http://car.es.� .23/14 T H E G A Z - E T T £ OF INDIA EXTRAORDINARY [PART II \

20. Disqualification of persons from being candidates who commit cormpC practices.—If the Judge seta aside an election under section 13, ;the may, if ki£~ thinks fit, declare any, person by whom a corrupt practice has in his opinion been committed to be disqualified from being a candidate for election in that or any other municipality for a period not exceeding five years, from the date of decision, and the Judge's decision shall be final.

21. Saving of acts done by a Commissioner before his election is set aside.— Where a candidate who has been elected to be a Commissioner, is declared by the Judge not to have been duly elected, acts clone by him in execution of the office before the time when the decision is communicated to the Board shall not be in validated by reason of that declaration.

22. Fresh election when election set aside,—If an election is set aside by the ..Judge, a date shall forthwith be fixed and the necessary steps taken for holding a fresh election for filling up the vacancy, as though it had been a casual vacancy.

23. Bar to interference by courts in election matters.—No election of a Commissioner shall be called in question in any Court except under the procedure provided by this Act, and no order passed in any proceeding under sections Id to .20 (both inclusive), shall be called in question in any Coux-t and no Court shall grant an Injunction—

(i) to postpone an election, or

(ii) to prohibit a person declared to have been duly elected under this Act, from taking part in the proceedings of a Municipal Board of which he has been elected a Commissioner, or

(ill) to prohibit the Commissioners formally elected or appointed to a Muni cipal Board from entering upon their duties.

24. Appointed Commissioners in newly created municipalities.—Notwithstand ing anything in the foregoing "sections of this chapter, the Chief Commissioner.

while constituting any new Municipality after the passing of this Act, may appoint ail the Commissioners of that Municipality until the general election is held.

25. Taking of oath.— (1). .Every person who is elected or appointed to be a Commissioner of a Board, shall before taking his seat make at a meeting of the Board an oath or affirmation of his allegiance to the Union of India in the fdHote- Ing form namely:— *- I, A. 3 . , having been elected, appointed a Commissioner of this Board do swear in the name of God (or solemnly affirm) that I will bear t rue faith and allegiance to the Constitution of India as by law established, and will faithfully discharge the duty upon which I am about to enter.

(2) Any person having been elected, or appointed a Commissioner fails to make, within three months from the date of the first meeting o£ the Board the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.

26. General election and terms of office^ommissioners.— (1) Except as o-therv ' i s e Provided in this Act, all the elected and appointed Commissioners shall hold office for four years commencing from the date of the first meeting of the newly •constituted Board after a general election at which a quorum is present. Elec tion shall be held every four years but before the expiry of the fourth year and not earlier than three months prior to such expiry.

(2) The Deputy Commissioner shall cause the results of the general election to be published in the Manipur Gazette and the date of the Manipur Gazette containing the publication shall be deemed to be the date of completion of the general election.

(?.} The term of four years referred to in sub-section (1) shall bp held to in- "lude any period which may elapse between the expiry of the said four years and the date of the first meeting of the newly constituted Board at which a quorum is present, »• (-1) The Chief Commissioner may, by notification, for sufficient cause to be stated therein, direct, from time to time, that the term of office of the C o m m i t .-•toner.-: be extended by such period not exceeding one year at a time, as may be specified in the notification, provided that the total period of such extension shall •not exceed two years.

-•fi&sef . . -ay** -" ' • "EC 3- (1)] THE GAZETTE OF INDIA EXTRAORDINARY

27. Resignation of Chairman, Vice-Chairman or Commissioners. (1) An -appointed Chairman of a municipality may resign by notifying in writ ing his indention to do so to the Chief Commissioner, through the Deputy Commissioner and on such resignation being accepted shall be deemed to have vacated his office.

(2) An elected Chairman may resign by laying notice in writing of his intention to do so before the Board at a meeting with intimation to the District Magistrate and the Deputj' Commissioner.

(3) A Vice-Chairman or a Commissioner may resign by notifying his intention to do so to the Chairman who shall forthwith lay such notice before the Board at a meeting.

(4) On a resignation under sub-section (3) or sub-section (3), being accepted by the Board at a meeting, the Chairman, the Vice-Chairman or Commissioner, as the case may be, shall be deemed to have vacated his office.

23. Removal of Chairman and Vice-Chairman.— (1) The Chief Commissioner may at any t ime remove a Chairman appointed by it.

(2) An elected Chairman or Vice-Chairman may be removed from his office by a resolution of the Board in favour of which not less than two-thirds of the whole number of Commissioners shall have given their votes at a meeting specially convened for the purpose.

(3) The Chief Commissioner after giving an opportunity to explain may re move the Chairman or Vice-Chairman from Ills office if he is persistently omitting or refusing to carry out or disobeying the provisions of this Act and the rules thereunder or any lawful orders issued thereunder or he becomes incapable of so acting or is declared insolvent or is convicted by a Criminal Court for any offence involving moral turpi tude.

'I'd. Removal of Commissioners.—(1) The Chief Commissioner may remove any elected Commissioner on the ground . of his misconduct in the discharge of his duties if the removal is recommended by a resolution of the Board passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the whole number of Commissioners of the municipality.

•''';) The Chief Commissioner may remove any Commissioner—• (a> if he ceases to reside within the municipality continuously for a period of twelve months, or

(b) if he refuses to act or becomes incapable of acting as a Commissioner, of if he has been declared by the Chief Commissioner by notification to have violated his oath or affirmation of allegiance, or

(c) if without an excuse sufficient in the opinion of the Chief Commissioner he absents himself from four consecutive meetings of the Board, or

(d) if, being a legal practitioner, he appears against the Board before any Court in his professional capacity in any case instituted by or against, the Board or

(e) if he becomes subject tn any of the disabilities stated in clauses <ii),

(iii), (iv), (v) and (vi) of. Section 15, or (0 it: he has, within the meaning of section 55 knowingly acquired or con tinued to hold without the permission in writing of the Chief Com missioner, directly or indirectly or by a partner. any share or in terest in any contract or employment with, by, or on behalf of the Board, or

(g) if he is in arrears of any kind oil dues to the municipality for more than six months after a bill or a notice has been duly served upon him.

(3) Th.e Chief Commissioner may, after consultation with the Board, remove :rmy Commissioner if his continuance in office is in its opinion, dangerous to the public peace or order or likely la bring the administration of the Board into contempt:

Provided thai no Commissioner shah be removed under sub-section (1) or sub section (2) or sub-section (:i) unless he has bean given an opportunity of show ing cause against such order or removal.

y j f i T H E GAZETTE OF INDiA EXTRAORDINARY [PART P ^ SO Eligibility for election or re-election of C o m m i s s i o n s raJMiai fr«m, office'—No Commissioner of a Board who has been removed from his office under £ sub-section (1) or under clauses (b) . (c), (d), (e) (£) or (g) oi sub-section £ / or under sub-section (3) of section 29 shall be eli-ible for election or re-election as a Commissioner without the consent of the Chief Commissioner.

31 Filling up of casual vacancies of Commissioners.—If any Commissioner aotiOiiiled or elected, shall be unable to enter upon or complete his term of office the vacancy shall be filled by appointment or election as the case may ba tor a w remainder of the term.

32 Power to appoint Commissioners if prescribed number not duly elected.— If the electorate in any municipality fails within the prescribed time to elect the number of Commissioners to be elected in accordance with the provision of section 31 a date shall be fixed by the Deputy Commissioner for another election and m case the electorate still fails to elect the number of Commissioners at such secona election the Chief Commissioner may appoint Commissioners to complete Eftat number. Any person so appointed shall be deemed to be duly elected Commis sioner.

Chairman and Vice-Chairman 33 4ppomtment or election of Chairman a.nd Vice-Chairman.— (1) The Chief Commissioner may appoint the chairman of any Board. If a Chairman is appointed by official designation, the person for the time being holding the office f shall be the chairman".

(2> At the gist meeting of the Municipal Board after a general election called at the instance of the Deputy Commissioner, the Commissioners shall elect one of their own number other than an officer of Government appointed under sub section (2) of section 11, to be Chairman subject to the approval of the Chief Commissioner. The Chairman so elected pending approval of the Chief Com missioner, shall be competent to discharge the duties of his office.

(3) The said Commissioners shall at the said meeting or at a subsequent meeting elect one of their own number, other than an officer appointed under sub-section (2) of section . 11, to be Vlce-Chairman.

(4) When the Commissioners fail to elect a Chairman or a Vice-Chairman under the two preceding sub-sections the Chief Commissioner shall appoinSwby name one of the Commissioners to be Chairman or Vice-Chairman as the case may be.

The Commissioner so appointed shall ordinarily be a non-official except when the Chief Commissioner is of opinion that it is necessary to appoint a Govern ment official.

34. Status and tenure of ofjrce of Chairman and Vice-Chairman.— (1) Notwith standing anything contained in section 11, every Chairman or Vice-Chairman appointed under the preceding section if not already a Commissioner of the Municipal Board of which he shall have been appointed Chairman or Vice-Chair man, shall, from the date of appointment, during the term of his office, enjoy subject to the provisions of section 45 all the rights and privileges and be subject to all liabilities and disabilities of a Commissioner of the Municipal Board to..

which such appointment relates. . ****

(2) Except as otherwise provided in this Act, every Chairman and every Vice- Chairman whether appointed or elected, shall nold office from the date of his appointment or election to the date of the election or appointment of the Chair man of the Board after the next general election, including the former but ex cluding the latter of these dates, and shall be eligible for re-appointment or re election.

35. Wheti Chairman and Vice-Chairman cease to hold office as such.—When a Commissioner who holds the office of Chairman or Vice-Chairman ceases for may reason, whatever to be a Commissioner, he shall at the same time cease to tjpld the office of Chairman or Vice-Chair man.

30. When Government may apjyoiu-t Chairman.—Whenever for any cause the offices, oE both the Chairman and the Vice-Chairman are vacant in any Board, the Chief Commissioner shall appoint any one from amongst the Commissioners •33 the Chairman to hold office as such temporarily till a Chairman is elected.

37. Powers of Chairman.— (1) The Chairman shall, for the transaction of the b-mness connected with this Act or for the purpo.se cf making any order authorised thereby, exercise all the powers vested by this Act in the Board:

Provided that the Chairman shall not act in opposition to, or in contravention of, any order of the Board at a meeting, or exercise any power which is directed to be exercised by the Board at a meeting.

(2) Notwithstanding anything contained in sub-section (1) the Chairman ma}', in cases of emergency, direct the execution of an.'' work or the doing; of any act which the Board at a meeting is empowered to execute or do and the immediate execution or doing of which is, in his opinion, necessary for the service Or safety of the public, and may direct that the expense of executing such work or doing such act incurred as the emergency may require shall be paid for from the municipal, fund:

Provided that he shall forthwith report the action taken under this sub-section and the reasons therefor to the Board at a meeting.

33, Delegation of duties and powers by Chairman to Vice-Chairman.— (1) The Chairman may delegate to the Vice-Chairman all or any of the duties and powers of a Chairman as denned in this Act, and may at any time withdraw or modify the same:

Provided that nothing done by the Vice-Chairman which might have been done under the authority of a delegation from the Chairman, shall be invalid for want of or defect in such delegation it it be done with the express cr implied consent of the Chairman.

(2) During the vacancy in the office of Vice-Chairman, or the absence of Vice- Chairman on leave or otherwise the Chairman may, by an outer in writing.

delegate any of his functions to any Commissioner of the municipality till the Vice-Chairman resumes office or a new Vice-Chairman is elected or appointed as the case may be:

Provided that every such order shall be communicated to the Klunicipal Board at the next meeting.

39. Dttties of Vice-Chairman.—The Vice -Chairman shall—

(a) during a vacancy in the office of the Chairman or temporary absence of the Chairman perform any of the duties and, when occasion arises, exercise any of the powers of the Chairman, and

(b) at any time, perform any duty and exercise; when occasion arises, any power delegated to him under section 38.

40. Grant of leave to Chainman or Vice-Chairman.—The Board at a meeting may grant leave of absence to its Chairman or Vice-Chairman for any period not exceeding three months in any one year:

Provided that if a Chairman or Vice-Chairman who has been 'granted leave for the maximum period of three months overstays his leave, he shall be deemed to have vacated his office and the acting Chairman or Vice-Chairman, as the ease may be, shall continue to act for him till the vacancy has been filled up by appoint ment or by a fresh election at the next, meeting of the Board.

41. Filling of casual vacancies of Chairman and Vice-Chairman.—If any Chair man or Vice-Chairman of a Board be unable to complete his full term of office or avail himself of leave granted under section 40, the vacancy caused by his resigna tion. removal, death or absence on leave shall subject to the provisions of sections 33 and 36 be Riled by appointment or election, as the case may be. and the person so appointed or elected shall (ill such vacancy: for the unexpired portion o | the term for which such Chairman or Vice-Chairman would otherwise have- continued in office or during his absence on leave, as the case may be.

42. Allowances of Chairman Vies-Chairman and Cwnmissioners.— (1) The Chairman and Vice-Chairman of any municipality may, if the Board thinks lit, receive such conveyance allowances out of the municipal fund as shall from time to -ime be fixed by the Board at a meeting:

Provided that the grant of such allowances to a Chairman or Vice-Chairman mall be subject to the approval of the Chief Commissioner.

(21 No Commissioners shall receive or bo paid from the municipal fund, any salary or remuneration for services rendered by him in any capacity whatsoever ou» may be allowed travelling allowance when admissible, http://purpo.se 23 / iS THE GAZETTE OF INDIA .EXTRAORDINARY [PART II • Conduct of business **'

43. Ordinary and special meetings.— (1) The Commissionerfshall meet for tfie £ transaction of business at their office, at least once in every month, and as cffeSi as a meeting shall he called by the Chairman or, in his absence by the Vice- Chairman.

If there be no business to be laid before the Commissioners at any monthly meeting, the Chairman shall instead of calling the meeting, give notice of the fact to each Commissioner three days before the date which is appointed for the monthly meeting.

(2) The Chairman, or, in his absence, the Vice-Chairman may call a special meeting whenever he thinks fit and shall call one on a requisition signed by not less than three of the Commissioners.

(3) If the Chairman or the Vice-Chairman fails to call a special meeting with in fifteen days after any such requisition has been made, the meeting may be called by the persons who signed the requisition.

44. President of meeting.— (1) The Chairman, or in his absence, the Vice-^gB^pi Chairman shall preside at every meeting, and, in the absence of both the Chair man and Vice-Chairman, the Commissioners shall choose some one of their number to preside:

Provided that no candidate for election to the office of Chairman or Vice- Chairman shall preside at the election. -i

(2) When a meeting under section 28 is held for the removal of the Chairman or the Vice-Chairman or both—

(a) the Vice-Chairman or in his absence a member duly elected at the meeting shall preside if the resolution relates to the removal of the Chairman;

(b) the Chairman or in his absence a member duly elected at the meeting shah preside if the resolution relates to the removal of the Vice- Chairman;

(c) a member duly elected at the meeting .shall preside if the resolution • relates to the simultaneous removal of both the Chairman and-^Jhe Vice-Chairman.

45. Manner of deciding questions.—Save as otherwise provided in or under this Act,—

(a) all questions at a meeting of the Board shall be determined by a majority of votes of the Commissioners present.

(b) In the case of equality of votes, on any question other than the election . of the Chairman or the Vice-Chairman, the President, if there is one, shall have a second or casting vote.

(c) In the case of equality of votes in the election of Chairman, Vice- Chairman or President, the determination shall be by the drawal of lots: I

Provided that an official appointed as Chairman under section 33 shall not have the right to vote save for the purpose of giving a casting vote under this section.

46. Quorum.—No business shall be transacted at any meeting of the Board unless such meeting has been called by the Chairman or Vice-Chairman, or, under section 43, sub-section (3), by persons signing a requisition, nor unless a quorum shall be present. The quorum necessary for the transaction of business at a meet ing shall be one-half of the total number of Commissioners of the Board when any of the following subjects are to he disposed of at such meeting—

(i) scale of establishment and salaries, (til the framing of bye-laws under section 302 and of subsidiary rules under section 306 of the Act,

(iii) the annual budget estimate, SEC. 5 (i)j THE GAZETTE OF INDIA EXTRAORDINARY ( ^ ^ - ^ 2 3 / 1 9

(iv) the appointment or the fixing of the pay or allowance of a paid Secretary, Engineer, Water , Works Superintendent , Heal th OfflceJ' Assessor or Executive Officer

(v) the election of Chairman or Vice-Chairman,

(vi) the raising of a loan,

(vii) the subject of a meeting specially convened as provided in section S,

(viii) any other subject prescribed by a subsidiary rule made in this behalf by the Board under the' provisions of section 306(1).

For all other business the quorum shall be one-third of the total number of Commissioners;

Provided tha t in casej where the whole number of Commissioners is not even ly divisible by three, the one-third shall be ascertained by taking the number next above the whole number which is evenly divisible by three, as the number to be divided.

If at any meeting the prescribed quorum is not present, the meeting shall stand adjourned to some future day to be appointed by the President, and three days' notice of such adjourned meeting shall be given. The Commissioners present at such adjourned meeting shall form a quorum whatever their number may be.

47. Minutes of Proceedings.—(1) Minutes of the proceedings of all meetings of the Board shall be entered in a book to be kept for the purpose and shall be signed by the President of the meeting and shall be published in such manner as may be prescribed and shall, at all. reasonable times and without charge, be open to the inspection of the tax-payers.

(9) A copy of the minutes of the proceedings of all meetings of the Board shall"'forthwith be forwarded by the Board to the Deputy Commissioner, and another copy submitted to the Chief Commissioner.

(3) The minutes shall be laid before the next meeting of the Board for con firmation and shall also be signed at such meeting by the President if the same has been correctly entered.

Committees 43 Appointment of CommiUem,—(1) The Board at a meet ing may appoint, from time to time, committees to assist it in the discharge of any specific duties or class of duties devolving upon it under this Act, within the whole or any portion of the municipality and may delegate to any such committee all or any of it's powers which may be necessary for the purpose oi rendering such assistance, or wi thdraw ail or any of such powers.

(?) Each committee shall consist of Commissioners and, when necessary, of such residents with special Qualifications whom the Board at a meeting desires to appoint, in such a case the number of Commissioners shall not be less than two-thirds'of the whole number of the members of the committee.

m The Commissioners of such committees shall be liable to all the obligations imposed'by this Act on the Commissioners of the Board in respect of such powers as may be delegated to them.

(4j All the proceedings of any such committee shall be subject to confirmation hy the Board at a meeting.

(5) All questions connected with the removal or resignation of Commissioners of committees shall be settled by the Board at a meeting.

.joint-CoinmiUee 49 Formation of Joint-ComuuUee.—d) Any Municipal Board may join with anv other Authori ty or with anv cantonment authority, or with more than one such local authori ty, or cantonment authority, in constituting out ot their respective bodies a joint-committee consisting of not mere than two Commis sioners/members from each at such bodies, for any purpose in which they ara T H E GAZETTE OF IN IMA EXTRAORDINARY [PART II " * * W * Establishment 50 Appointment and pay of estabf-isfmiejtf.—(l) The Boaivl at I »,*««*» ?S^^^^:^^s^ a: as rupees or a .salary i f f i S p 2 & £ i S e ^ S £ ^ S t f f i * g ? £ ^ S W & e ^ ^ h i m every the orders of the C h S n n a ^ ^ S ^ r S a " S i , < i a?Peal t o t h? B o a r d f™>m volving dismissal or removal of officers M S / S K? t t h e . - c a s . e ° o r d e r s ™" by the Chairman or Vice-Chairman In aSLSl •« n £ S° dlsl™ssecl or removed he filed as may be: p r e s c r i b e d b y ' r S e S P P ' " D e p U t y C o m m i ^ i o n e r may to its e s t a b l i s h m e n t S t ^ ^ a f e a i S ^ «- * * * of tffi S e V C ^ m i s ^ ! S ^ ! ! r d a t * » * • * * " W . - & ^ sanction ' ^ ^ ] ^ C S i ^ C e n t r n a g e m e n t ° f a C o n ^ ^ o r y Provident FunV < b ) f ° s u c h X n d ? g m S m b e r S ° f j t S e s t a b I ^h^-en t to make contribution to fc) for making contribution to the Fund bv the Board at such r i te , m d cip baJlG?u?d;Sand ^ ^ ^ * * b G p r * ^ S r J . t S f l S

(d) for the payment of moneys out of such Provident Fund.

Board S T L ^ i ^ X S ^ S ^ J ? ^ : ^ ^ ^ ^ ' e ^ t o m a n k - B i e of which not less than twc tMrri o ht - Purpose, by a resolution in favour shall have voted may S a l ; m , l i commissioners present at such meeting rules made t h e r e u S ' g ' Z S f f & S L S m ^ ^ * & *&*%J« (*) fixing the amount and nature of the securitv to b e furnished" t b ' " S ^ I h l g ^ f X f a ! S „ S r ^ ° W — a " l n g * * " -

Provided that—

(2) the conditions under which such aiWwanc&s ar*. Pvn!P,-i «* »„, i superannuation or retirement is sanctioned ihSl '^or ™f+h™,- • ° r - 1 a l l y l e a v e - be more: favourable than those fw SL S e b S i t S £ J » , T * a n c W serving under the Manipur Administration L VC& f ° r s u m p e r s o m • o Fund WJ T H J i GAZETTE OF INDIA EX'£ RAORDINARY^ ^ 2 3 / 2 1

52. Appointment of Health Officer*, Sanitary Inspectors and Water Work?

ftpwmUndents, e ie . -Notwi ths tand ihg anything contained in section 50 the ^^V^ZSSff^ the Board'•"" cons ide™g « * S t & T C

(a) to appoint such Health Officers, Sani tary Inspectors, other public heal th establishments and Water-Works Superintendents as he may consider necessary on such terms as he may think fit; or

(b) to employ such officers of Government as Health Officers Safiirarv S ^ ! ± l s a n d Water-Works S u p e r i n t e n d e n t S he may consider

53. Appointment of Executive Officers.—A Municipal Board I M V -moninf at, Executive Officer with the approval of the Chief Commissioner The Chief Com E , ™ ^ 7 , a i ,h£ R n d \ i h ^ ^ Particular Board should^have fM £ U S S 3 ^ a n i t h e - s a i d B o a J r d d0 ,Cs n o t m a k e s u c h a n appointment, appoint any persoa as such officer m respect of that part icular Board. In either case the s a K of the officer, including allowances, etc., and other charges shall be char-eel on he Municipal Fund unless the Government agrees to bear the same or^any portion ™ J ! w C h i 6 l C o m . m i s s i o n t * shaU make ru le s regarding the appointment salaries conditions of service, powers, duties and function of the E S U S T O f f i c e r f S other relevant mat ters connected therewith and also providing that no I S r i S - «%^t&&^!*M t h e B - C B U w ° ^ - c e p t g w i t h t t h ? a P ^ l Liability of Commissioners of Boards and Committees T i w b ^ i S S S S f f °£ - I o s £ , l ( ? a s £ e or-misapplication of funds and property —(I) Every Chairman, Vice-Chairman, Commissioner, officer or servant of a Municipal sna.11 be liable for the loss, waste or misapplication of any monev or other property owned by or vested in the Municipal Board, if such l o s s ? waste or m l E conduct on his par t ; and a suit for compensation may b e instituted against him m any Court of competent jurisdiction by the Board. against mm 05) Every such suit shall be instituted within one year after the date on which cause of action arose. "

515. Dugualtfcaftan 0/ Commissioners /i«ymff share or interest in contracts — ^ ^ ' " T i ; 0 1 1 ^ 0 ^ ^ 0 3 " 1 °-r a committee shall have without the wri t ten pe,r^ m anv cnnl-rt% < £ £ C ° f misslonef- &*?& °* indirectly, any share or interest t « y- c ? n i l , a e i t ' i e a s e > s a l e ° r purchase o£ land or any agreement for the same of S H S . W ¥ S 0 8 ^ t Q W ^ l i c h t h e - B o a r d i 3 a *«** o r y h a 1 1 h o S any office of hn?H ™ r n m ; a n i d l fKainy £ o m m ^ i o n e r shall have such share or interest or shall h o d such office he shall thereby become disqualified to continue in office as a Commissioner, and shall be liable to a fine not exceeding five hundred rupees :

o n l y — V M e d t h 3 t a C o m m . i s s L o n e * ' s h a U n o l ; b e so disqualified or liable, by reason (.a) of his having a share or interest m

(i) a contract entered into between the Board and anv incorporated or registered company, or any registered Co-operative Society of which such Commissioner ts a member or share-holder ; or "

(ii) any agreement for the loan of money, or any security for the pay ment of money only; or y Cm) any newspaper in which any advertisement relating to The affairs of the municipality is inserted; or «"««» «•«•

(b) of his being professionally engaged on behalf of the Board as a legal ^ ^ ^ l . p r a c t x l i n n ^ a n d receiving a fee for services rendered in ais professional capacity.

But no Commissioner shall act as a Commissioner of a Board or committee part f h S e S : g S g [° '^ m a t t e r i n w h i c h he i s i 0 &****** or take a J y

Provided that the Chief Commissioner may by an order in that behalf remrwc any disqualification or liability mentioned in this section remove http://sna.11 23j22 THE GAZETTE OE INDIA EXTRAORDINARY [PART 1^

56. Commissioners disqualified from voting on certain questions.—No ComT ^ missioner of a Board or a committee shall vote on any mat ter affecting his ow-tf W conduct or pecuniary interest, or on any question which regards exclusively the assessment of himself, or the valuation of any property in respect of which he is directly or indirectly in any way interested, or of any property of or for which he is a manager or agent, for his liability to any tax.

Validity of Acts and Proceedings 57 Presumptions and savings.— (1 )• No disqualification, or defect in the election or appointment, of a person acting as a Commissioner of a Board or a comnmtee or a joint-committee appointed under this Act or as the President of a meeting of the Board or ot such -commit tee or joint-committee, shall be deemed to vitiate any act or proceeding of the Board or of the committee or the joint-committee, if the majority of the persons present at the time of the act being done, or pro ceeding being taken were qualified and duly elected or appointed Commissioners of the Board or the committee or the joint-committee.

(2) Until the contrary is proved, any document or minutes which purpor t to , be the record of the proceedings of the Board or committee or mint-commutee shall if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings of a duly convened meeting held by a duly constituted Munici pal Board or committee or joint-committee, whereof all the Commissioners were duly qualified.

(3) The powers of the Board or of any committee or joint-committee may be exercised notwithstanding any vacancy in their number.

(4) Accidental omission to serve notice of a meeting on any Commissioner of a Board or committee or joint-committee shall not affect the validity of a meeting of the Board or of the committee or joint-committee.

CHAPTER IV MUNICIPAL FINANCE AND PROPERTY Municipal Fund 58 Constitution and custody of Municipal Fund,— (1) There shall be forh&a, for each Municipal Board, a fund, to be called the "Municipal Fund .

(2) There shall be placed to the credit thereof:—

(a) the balance, if any, s tanding at the credit of the Board at the com mencement of this Act;

(b) all sums received by, or on behalf of, the Board under this Act or otherwise;

(3) The Municipal Fund shall be vested in the Board. ^

(4) Unless the Chief Commissioner shall otherwise direct, the Municipal . J - Fund shall be ra id into a Government t reasury or into any bank or branch ttereofi**- S d i a G o v e r n m e n t t reasury in or near the municipality, and shall oe c r e ^ e d to an account called the account of the Municipal Board to which it belongs.

Provided that .the Board may invest any money not required for M e d i a t e use either in Government securities or in any other form of security which may he approved of by the Chief Commissioner.

50 Municipal Board may raise loans and may form a sinking fund.—It shall be lawful for a Municipal Board, subject to the provisions oi any law relat tag to fee r a S n g of loans by local authorities for the t ime being m force, from t ime to time, to raise loans for the purposes of carrying out any of the provisions OJ. l ias Act 'and to form a sinking fund.

00 Application of iund.-(l) Except as otherwise provided ih this Act, the Board shall set apart and apply annually out of the Municipal Fund—

(a) firstly, such sum as may be required for the payment of. and the pay ment of interest on, any loan incurred under the provisions of any law;

, E C 3 ( i ) ] THE GAZETTE OF fJTOIA EXTRAORDINARY n ^ ^ rnnr l lv such sum as may be required to meet the charges of its own ( b ) "SfabfeSent TncSdingf i n the" case of Government officers whose services are whollv or partly employed by, the Boaid the pa/mem.

o f I S contribution to the pensions gratuities P ^ e n J fund and leave allowances as may be required by the condit ion, of their ser vices under the Government, to be made by them or on their benau r

(c) thirdly the liabilities and obligations arising from a t rus t legally imposed upon or accepted by the Municipal Board; and (h fourthly such sum as may be required to pay the expenses of paupers, ( d ) f ° u n f e 3 lepers wfao are inhabitants of the municipali ty and are sent to public asylums, which in the opinion of the Chief Com missioner, to be paid by the Board.

(2) Subiect to. the charges specified in sub-section (1), the Board at a meeting sha 1 as far as the Municipal Fund permits, from time to time cause roads, bridges tanks ghais wells channels, drains, latrines and urinals being the property of the Board to be maintained and repaired, and the municipali ty to be .Realised %,% r n ^ a n n l v the Municipal Fund to any of the following purposes within the £ £ d d p U f t and w i t T K « £ 3 £ n of the Deputy Commissioner outside the municipality, tha t is to say— t¥\ construction maintenance and improvement of roads, t ramways, W W$l£ squares, gardens, tanks, ghats, wells, drams, latrines and urinals ;

(ii) plant ing and reservation and felling of trees and bamboos;

(ili) supply of water, and the lighting and water ing of roads;

(iv) erection and maintenance of town halls, offices and other buildings required for municipal purposes;

M naynient of a gratuity to any officer or servant i s its employ, Or to any m e S b e r of the family of such officer o r servant who has died from K s e or injury contracted in the discharge of the duties of his office;

(vi) establishment and maintenance of a municipal marke t , or the taking of a marke t on lease;

fvin establishment and maintenance of schools, and of hostels to be used ( in connection with such schools, either wholly or by means of grants-in-aid;

<*"» -ssasM sraS™io„it pr a « t f ^ i ance l to medical practit ioners for professional services rendered to the establishments employed by it;

<W) n i v m e n t of the expenses of any of the poorer inhabitants of the munici-

(ix) P a ^ n t ot j 0 u i n e y S to and from any hospital established in any par t of India for the treatment, of special diseases and of then- subsistence thereat according to such scale as may be fixed by the Board at a meet ing;

(x) employment of public vaccinators and the promotion of free vaccination;

K-H accmirin", keening and equipping of open. space ; for purposes of ( ° ventilation, oV for the promotion of physical exercise and public re - creation;

(xii) industr ia l and other technical t ra ining and the employment of medical and veter inary practi t ioners;

fxiiii establishment and maintenance of veterinary dispensaries for the ( - m ) re^pption and t rea tment of horses, cattle and other animals;

/xiv) payment of contributions towards any public fund raised tor the relief of human suffering within or without the municipali ty;

(xv) appointment and payment of qualified persons to prevent and treat diseases of horses, cattle and other animals;

(xvi) improvement of the breed of horses and cattle and the breeding of mules;

rxviil establishment and maintenance of, or the granting of aid to public txvnj « ^ ^ n * «u^ ^ d i n g rooms, amateur theatr ical institutions and music schools; !

THE GAZETTE OF I.YDIA EXTRAORDINARY [FART II

(xviii) payment for f i r e brigade services; w

(xix) provis ional ' burial and burning grounds and the burial or burning of A (xx3 t a ^ g _ o f a census other than a census ordered by the Central Govern-

(xxi) holding of lairs and industrial exhibitions;

(xxii) P g ^ J ^ g w w M d s ^ f o r the destruction of noxious animals or diseased

(xxiii) preparation of compost manure ;

(xxiv) prevention ol the spread of dangerous diseases; ' /

(xxv) establishment and maintenance of dairies;

(xxvi) other work of public utility calculated to promote the health, comfort 01 convenience of the inhabitants;

(xxvii) payment of contributions by the Board to any other local authority;

(xxvm) payment for anti-malarial and other projects of social services for the improvement of Public Health within the Municipal area, (xxi*) Payment of advances to members of the establishment employed by V * a^irfT'i^ ?n feU' b 1 e h a I f f ? r t h e p u r p o s e o f enabling them to ac crual t or construct residences for themselves and to purchase means of conveyance required for the performance of thei r duties^ CMDEJ a n 7 W n ^ t u x e not-Provided.for in the i tems quoted above which may C o Z S the Board at a meeting, with the sanction of the Chief * c o m m i s s i o n s , to be an appropriate charge on the municipal fund-

Provided that the net proceeds of the taxes or fees as t he case mav h P im S o n T l f ( c ? e & U % | U ^ ^ ahfhL™* S*cii™ 2 l i , C I e c t f o i ? r , r s u n b :

s e c S n n e ' ^ r ^ ' sub-section (1) (d) and Section 212. Section 68 sub- SE~r% i • ' o e c L l o n 68.. sub-section (I (1) p n d Section 68. sub-section (iS fm) ?£ Jfn"%3 a< g ' W ^ o n a t e share, to be fixed by the B o S d ? S e S L of ft ? a W n , , U ^ r 3 t a f f . ^ p l o y e d in collecting and in supervising the c S l e c S of' S n l i l d fn L f e ^ d , K n k e e p l D S a n d i n e d i t i n g the accounts thereof shall be th° l i - h l W " V ( l „ • „ ! ' • ' oimamng, extending, improving or maintaining ^ t w ^ f i T «?' 9SK"??? °* ?. fWrtey from *fie municipal func7.—Unless otherwise authorised by the Chief Commissioner, all orders for the payment of morn- mm ^ ^ r i 1 ' ^ f u n d a J o r ^ s ¥ m no t ' above five h u n d r e d ^ S S s i ^ K i S & l C 1 ^ i r m a n 01; V^e-Chairman, and all orders for t a rge t sura! bv both of ^ fee said officers or by one of the said officers and another C o m S o n e r of t h l ' ^ No such order shall be issued otherwise than for the payment of mcnev 'o f e e U n " G e x p e f l d l t ^ e l i a s * > « authorised, subject to r u K ^ U e Board at a w mcet in?

Municipal Proper ty

62. _Municipal[property.—(i) Subject to any reservation made by the Chief Commissioner, all property of the na ture hereinafter in this section soecfVed w situated within the municipahl.y shall vest in and belong to S e " K and s S f l with all other property of whatever nature or kind which mav become v e s t e d - i i the Board, be rinder its direchon, management and control, that is to s a y -

(a) all public roads including the soil the navempnf-^ nf-n**.- a«^ ,n,„ mater ia l . thereof, and all drains. b r i d g e d , t o S erlct?on n tor S s implements and other things provided for such roads ' 0 i a t m a i s * SEC S (i)] THE GAZETTE OF INDIA EXTRAORDINARY

(b) ail public stream;;, channels, water-courses, springs, tanks, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works , whether made, laid or created a t the cost of the Board or otherwise and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land, not being private property, appertaining to any public tanks:

Provided tha t water-pipes and any water-works connected therewith or apper taining thereto which with the consent of the Board are laid or set up in any street by the owners of any mill, factory, workshop or the like primarily for the use of their employees shall not be deemed to be* public water-works by reason CI their use by the public;

(cl) all sewage, rubbish and offensive mat te r collected by the Board from roads, latrines, sewers, cess-pools and other places;

(e) all public lamps, lamp-posts and apparatus connected therewith or apperta ining thereto, and all public gates, markets , slaughter houses and public buildings of every description which have been con s t ructed or are maintained out of the municipal fund;

(f) all land or other property transferred to the Board by the Government or acquired (by the Board) by gift, purchase or otherwise for local public purposes,

(2) The Chief Commissioner may, by notification in the Manipur Gazette direct trial any proper ty which has vested under sub-section (1) in the Board shall cease to be so vested, and thereupon the proper ty specified in the notification shall cease to be so vested and the Chief Commissioner may pass such orders as he thinks fit regarding the disposal and management of such property;

Provided tha t in case the Board has already invested any money or made any commitment the Chief Commissioner shall not pass anv order divesting the Board .m respect of the proper ty without consulting the Board.

63. Poioer to purchase, lease and r.ell land.—The Board at a meeting may decide to purchase or take on lease or by gift any land for the purposes of this Act and may sell, let, exchange or otherwise dispose of anv land not required for such purposes with the sanction ot the Chief Commissioner.

G4. Execution of contracts.—(\) The Board may enter into and perform anv contract necessary for the purposes of this Act.

(2) Every contract made by or on behalf of a Municipal Board in respect of any sum exceeding five hundred rupees, or which shall involve a value ex ceeding five hundred rupees, shall be sanctioned by the Board at a meet ing ' and shall be in writing, and signed by at least two of the members one of whom shall be the Chairman or Vice-Chairman and shall be sealed with Lhe common seal of the Board.

Unless so executed, such contract shall not be binding on the Board.

65, Transfer of certain public institutions to Boards.— (1) Every hospital, d i s pensary, school, rest-house, ghat and market , nut being private proper ty or t he property of a religious institution or society, and all medicines, furniture, and other articles appur tenant thereto, not being such property, which at and after the commencement of this Act shall be found within any municipality, may, by order of the Chief Commissioner duly published on the spot, be vested in' the Municipal Board of .such municipali ty; and thereupon all endowments or funds belonging thereto shall be transferred to, and vested in, such Board as trustees for the purposes to which such endowments and funds were lawfully applicable a t the time of such transfer:

Provided that no such order shall be published until one month after notice of the intention to transfer such property shall have been published in the Manipur Gazette and within, the Municipality.

(2) If the Board at the meeting shall, after publication of the aforesaid notice, object to the transfer to itself ot! any hospital, dispensary, school, resthouse, ghat or market, on the ground that its funds cannot bear the charge, then such transfer shall not, be made save under such conditions as the Board a t a meeting may agree to accept. .,,-, ^ 23/26 THE GAZETTE OF INDIA EXTRAORDINARY [PART Ii v 66. Transfer of private roads, etc., to Boards,—The Board at a meeting mayagree with the person in whom the property in any road, bridge, tank, ghat, wellX channel, or drain is vested, to take over the property therein or the contra?

thereof, and after such agreement may declare by notice in writ ing put up thereon or near thereto thai; such road, bridge, tank, ghat, well, channel or drain has been transrerred to the Board. Thereupon, the property therein or the control thereof, as the case may be, shall vest in the Board and such road, bridge, tank, ghat, well, channel or drain shall thenceforth be repaired and maintained out of the municipal fund.

67. Acquisition of land.—When any land, whether within or without the limits of a municipality, is required for the purposes of this Act, a s * the Chief Com missioner may, at the request of the Board, proceed to acquire it under the provi sions of the Land Acquisition Act, 1394 (Act 1 of 1394); and on payment by the Board of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Board.

CHAPTER V MUNICIPAL TAXATION Imposition of taxes Q8. Taxes,— (1) Subject to the provisions of this Act and the rules made there under the Board may, from time to time, at a meeting convened expressly for the purpose, of which due notice shall have been given, impose within the limits of the municipality the following taxes, fees and tolls, or any of them:—

(a) a, tax on holdings situated within the municipality assessed on their CW*A.^vaiue, payable by the owner;

(b) a water- tax payable by the owner or occupier, on the annual value of holdings;

(d) a latr ine-tax, payable by the owner or occupier, on the annual value of holdings;

(e) a drainage-tax, payable by t h e owner, where a system of drainage has been introduced; —•_-

(f) a tax on private markets payable by. the owner;

(g) license fees on carts, carriages and animals used for riding, or burden;

(h) a fee on the registration of dogs;

(i) a fee, on such conditions and on such scale as m a y be prescribed by rule by the Chief Commissioner for each municipality, on boats, in cluding steam boats, and other vessels, mooring within the munici pality;

(j) tolls on bridges;

(10 with the sanction of the Chief Commissioner a bet terment fee on holdings in any area of which value has increased due to Improve ment Schemes completed at Board's cost;

(1) fees, as sanctioned by the Chief Commissioner, for setting up and maintenance of fire brigade;

(m) with the sanction of the Chief Commissioner fees for conducting anti-malarial services or any other schemes of social service for the improvement of public health;

(n) with the sanction of the Chief Commissioner any other tax, toll, r a te or fee; provided—

(i) that both the taxes mentioned in clauses (a) and (f) shall not be imposed in respect of the same premises;

(ii) that, when the Board has taken a loan from or guaranteed by the Chief Commissioner, the Board shall not, without the previous sanction of the Chief Commissioner, make any alteration in respeU of any tax which may have the effect of reducing the income of the Board; and

(hi) the Chief Commissioner may, by order, exempt from the payment of any rate, tax, toll or fee payable under the provisions of. this Act, any diplomatic or consular mission of a foreign State and t h e diplomatic and consular officers of such mission.

T H E GA7XTTI OK INDIA EXTRAORDINARY \ ^ S 23/27* S E C . J I^JJ .^ - • .

und in accordance with a scale of feesto be g f ^ ^ j P ^ y license which.

leviable under sub-section (1).

(3) Nothing in this section shall authorise .the imposition of any tax or feewhich a State Legislature has no power to impose m a State undei the Constitution.

g o 7 e r n m e n t X m ? e l v e f f o V / S u n t e i p a l Boards and not by occupiers. |

70. Restriction regarclincj tax on ^ ^ ^ W f f d o e f S o f e S S ' oi all the holdings held by one o m e r w t o ?C shaU no? be imposed on any ffSSaS ? t f f 2 B f , ^ . - S S ^ , 2 S o t S r V n o t assessed with any profession tax or income-tax.

missioner or the Government:

Provided that where the Board— reservoirs, or <c) that in axing the » t e , a t which the tax is to he imPO|ecl, regard shall S i S S £ V a n 1 M 3 rayWSS incurred in connection with any such supply or system, to the provision oi such water-supply or lighting.

the radius fixed by the Chief Commissioner.

m T i„ nmnnnl- or the tax may vary with the distance of holdings from the in the case of other premises.

H) Th* Board, at its discretion, may compound for any period not fxeeedin | One year with the person liable to pay the tax on any railway promises or an} y & V :2^'2S T*& GAZETTE OF INDIA EXTRAORDINARY [PART II ' Place, to a certain sum to S . & * ? S £ l £ j r ^ I ^ r ^ i ^ " ^ # dEnt l l£ i r | ^

(b) that the tax shall not be imposed on any jail reforms to™ i asylum, school, college or h o w i h l in i ^ ' re ioimatoiy, lunatic by the Board i . - J & V M , T w l S r o r 0 ^ S r * t ^ f a i n e a W that in Ix ing the amount or amounts of the tax M a r r i , i , , i i v . j ' .

£ * £ ! R™10"1 '10 t h a l ' " ' t " W net proceeds ?f the t a * S a U = -."J * ~ * portionato share 5 toe ^ ^ S S & T S n t ^ J & S V S i W ^ v t i o ' n ^ l h e ' c L ' a L t o f S C C S X T " S * c £ ° " d , " * * ' such area; nor shall (-he h - h n ki ? n d C e s s-Pools, within of a c a r t e r a n t S e n f m £ n ^ o f t u S J ^ f f i ? * °* * * * » * ^ < 5 L ? l ^ t t e 5 ^ a H S S ? & l y ^ S X , ^ f ° r a n y ^ e ™ d ** needing premises used a3 a' f a c t o r y " B f f w o r k s h o p S , ™ 1 ^ » ! « * • OT a n ?

hospital, market , court-hou e or other sim S r n l a - ?0 , ? ^ V S C h ° o 1 ' C 0 l I e £ e ' paid by such person in lieu of the tax o r T L r v ' ? a certain sum to be may in lieu of levying the t ax on the airoua v a k i f n f t f U ^ P ^ W f 3 ° r P l a e e s certain amount per head, to be fixer!by h " Soar 1 ,1 a £ f ? ° M i n g \ l v y ** a t a of persons living w i t h i n ' « h a b d u a n / r e S ^ t ^ Y o S A ^ S * . " ^ ^ ^ '

(b) "S ̂ ^^^j^&s^s^^srv w " specified in the iiotice a s tatpmm) nf „ l n j a h ^ t n m a hme to be in or ^ m u ^ y n t ^ t ^ ^ l % ^ ^ ^ ^ ^ - i d i n g ^ s e ^ ^ ^ ^ ^ additional latrine tax water-flushed sewerage sysTem 7 " U l G 3 i e a s S e r v e d b y t h ^ closed sanitary l a t r n l t a V o r T ? h n l d ^ g ^ t f f f i i ^ t * ^ g T ^ * * « * * » °* * . ' iary-type latrines and W T ^ C S K ? ^ ' S r v S ^ L ^ ^ * * * 3 a n i " has been approved | / l $ ^ m S ffiSSSi** fi&RSS < D ) * £ S e * g & $ S t i r 3 T h e O I i o l S ° n ^ n r f ^ ^ ^ s h a « ^ ^ d exceed, the a m o W r e f e e d l o ^ c G n ^ r u S °i ^J™ s h a I 1 n o i or maintaining the m t r n V L ^ l + n , l extending, improving require:! to meet t he p r o n d r t o m £ ¥ - ? • - to*f®*T w t h H ^ amount and tha collection of t h e t a x S ° l e ° ° S t o f supervision* provision of sacli a s y s £ n oi drainage q U a r t e M t e c e d e » t to the . < SJVC- 3 (9J THE GAZETTE OF INDIA EXTRAORDINARY i H Special provision regarding tax on. private markets.—Tile tax mentioned in section 68, sub-section (1) (f). shall be determined by the Board at a meet ing •vith the approval of the Chief Commissioner, according to the size and impor tance ot such markets . * the had.

required for making extending, "maintaining "and~" imfprovTng"lhcT"fire" brigadeservices or the ant i-malarial and other social services for improvement of publichealth, as the case may be, or making contributions to the organisations runnine:

such services, together with the amount sufficient to meet tire proport ionate sharepi the cost ot supervision and collection and the repayment of and payment of mterest or any loan incurred in connection with such services. m Taxes upon annual value of holdings

76. Board to determine the valuation of holdings.—When it has been decided!

to impose any tax on the annual value of holdings, the assessor after making, such enquiries as may be necessary, shall determine the valuation of all holdingswithin the municipali ty as hereinafter provided, and shall enter the same in a.

list called the valuat ion list, which shall be in the prescribed form:

Provided tha t valuations other than general valuations may be made by the ' Board through such person as may be authorised by the Board in this behalf.

77. Returns required, for ascertaining annual value.—The assessor, in order to* prepare the valuation list, may whenever he thinks fit, by notice require the owner s or occupiers of all holdings to furnish him, within fifteen days, wi th .

returns of the ren t or annual value thereof and a description of the holdings in such detail as the Board may direct; and the assessor, at any time betweensunrise and sunset, may enter, inspect and measure any such holding:

Provided tha t at least forty-eight hours ' previous notice of the intention to-- enter, inspect and measure any holding shall be given to the owner or occupterthereof, unless .he waives his r ight to such notice.j r y_ Wr &&£mimmkm>-df afamtaJ^a&ie—of^&tdaag.— ft) m n p annual aa iae of a- ^Ki>-tss-*-r furnish any such re tu rn for the space of a fortnight from the day on which h e - ^ f - ' - W &P has been required to do so, or knowingly furnishes a false or incorrect r e tu rn 'Xv-/^ ,71 L- or description, shall be liable to a fine not exceeding twenty rupees, and to a V/ -J * further fine not exceeding five rupees for each d a y ' d u r i n g which he omits to- f furnish a t rue and correct return; and whoever obstructs, hinders or prevents the assessor appointed by the Board from entering or inspecting or measur ing any such holding shall be liable to a line not exceeding two hundred rupees.

7E>. Determination of annual value of holding.—-(1) The annual value of a nolding shall be deemed to be the gross annual rental at which the holding may / reasonably be expected to let.

(2) In the case of a holding with a building or buildings used or occupied for the residence by the owner himself, the annual value of such holding sho.ll feedeemed to be an amount which is less bv twenty-five ner cent than the valua tion fixed on the letting basis under sub-section (1) above.

(3) In the case of a holding containing building or buildings, vested in Gov ernment the annual value shall be deemed to be an amount which may be equal to but not exceeding srx per centum of the cost, of erection of the building or buildings in addition to a reasonable ground rent or the land comprised in thenot ding;

Provided that in estimating the annual value of a holding under this section the value ot any machinery and its foundation that may be on such holding" shall not bo taken into consideration.

_ Explanation.—The "gross annual rent" shall not include the amount of- muni cipal taxes when paid by the tenant.

A > f ^ ; . 0 e ^ » ™ « « o n of rate of tax on holding.—Subject to the provisions of this;

Act, the Board at a meeting to be held before the close of ttm -par preceding the year to which the tax will apply, shall determine the percentage on ] - valuation ot holdings at which any tax on the annual value of holdings sha l l http://sho.ll 3'30 THE GAZETTE OF INDIA EXTRAORDINARY [PART

Extension of the Assam Municipal Act, 1956 to Manipur Dt. 09.02.1960

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