REGISTERED NO. DL-33004/94 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 471 NEW DELHI. TUESDAY. MAY 24.1994/JYAISTHA 3-1916 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 24th May, 1994/Jyaistha 3, 1916 (Saka) THE MAN1PUR MUNICIPALITIES ORDINANCE, 1994 No. 6 OF 1994 Promulgated by the President in the Forty-fifth Year of the Republic of India.
An Ordinance to provide for the constitution and organisation of municipalities in the Urban areas of Manipur and for matters connected therewith and incidental thereto and also to repeal the Manipur Municipalities Act, 1976.
WHEREAS by a proclamation issued on the 31st December, 1993 by the President under article 356 of the Constitution, the powers of the Legislature of the State of Manipur have been declared to be exercisable by or under the authority of Parliament;
AND WHEREAS House of the People is not in session the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
CHAPTER I PRELIMINARY
1. (1) This' Ordinance may be called the Manipur Municipalities Ordinance, 1994.
Short title extent and commence, ment.
87 Gof I—1.
2 THT-. GAZETTE OF INDIA EXTRAORDINARY [PARI II— Mani.
pur Act 76 of 1971.
(2) It extends to the whole of the State of Manipur excepting any area to which, the Manipur (Hill Areas) District Council Act, 1971 extends and which is included in a cantonment under the Cantonment Act, 1924.
(3) It shall come into force at once.
2 of 1924.
Definition*,
2. In this Ordinance unless the context otherwise requires.— (I) "Adhyaksha" mean9 an Adhyakaha of a Zilla Parishad elected under the provisions of the Manipur Panchayati Raj Act, 1994;
(2) "building" means a house, out-house, stable, latrine, urinal, shed, hut, wall (other lhan a boundary wall) or any other structure, whether of masonry, bricks, wood, mad, metal or other material but does not include any portable shelter;
(3) "bye-law" means a bye-law made under this Oidinance by notification;
(4) ''Committee" means a Committee other than a Ward Com» mittee constituted under this Ordinance;
(5) "compound" means land whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;
(6) "conservancy" means the removal and disposal of sewage offensive matter and rubbish; '
(7) "Corporation" means a Municipal Corporation;
(8) "Council" means a Municipal Council;
(9) "Councillor" means a member of a Municipal Council or Nagar Panchayat, as the case may be, elected or appointed under this Ordinance;
(10) "Deputy Commissioner" means the Deputy Commissioner of a district of Manipur havinff jurisdiction over the Municipality, or any other officer at any time appointed by the Government io perform, in any district or djstrcls the functions of a Deputy Commissioner under this Ordinance;
(II) "Director" means the Director of Municipal Administration, Housing and Urban Development of the Government of Manipur or such other officer as mav be appointed by the Government to exercise the functions of the Director of Municipal Adminisiration, Housing and Urban Development of Manipur;
(12) "district" means a district in ihe State of Manipur:
(13) "District Magis(rate" means the District Magistrate and includes the Additional District Magistrate or anv such Magistrate as may be appointed in this behalf by the Government, having1 territorial jurisdiction over the Municipality;
(14) "Drain" includes a sewer, a house-drain, ,i drain of ;inv otfier description, a tunnel, a r-idvert, a ditch, ,i channel and anv other device for carrying off sullage. sewage, offensive matter, polluted water, waste water, rajn water or subsoil water;
26 of 1994.
SB£ 1] HiE GAZETTE OF INDIA kXTRAORDlNAKY 3 i6 of 1994.
(,15) "Election Commission1' means the State Election Commission constituted under section 9ii <Ji the Manipur Panchayali Raj Act, 1994;
(16) "Executive Officer" means Executive Officer of a municipality appointed under this Ordinance;
(17) "financial year" means the year commencing on the 1st day Of April of a year and ending on 31st day of March of the succeeding year;
(18) "Food" includes every article used for food or drink by man other than dru^s or water, and any article which ordinarily enters Into or used in the composition or preparation of human food and also includes confectionery, flavouring and colouring matter, spices and condiments;
(19) "Government" means the State Government of Manipur;
(20) "half-year" means a half-year commencing on the first day of April or the first day of October, or such other date as the State Government may by notification, appoint; (
(21) "holding" means land held under one titie or agreement and surrounded by one set of boundaries:
Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling-house, manufactory, warehouse or place of trade or business, such holdings shall be decreed to be one holding for the purposes of this Ordinance:
Provided further that where land has been let out to occupants in separate parcels paying rent separately, each such parcel shall be treated as a distinct holding in spite of such parcles of land being held under one title.
Explanation I.—Holdings separated by a road or oilier means of communication shall be deemed to be adjoining within the meaning of this proviso.
Explanation II.—Any plot of land having clear boundaries and lying entirely vacant, if fit for building purposes or if yielding any income, shall when not appurtenant io any agricultural purposes, be regarded as a "holding";
(22) "house" means any hul, shop, warehouse, workshop, masonry or framed;
(23) "house-gully" or "service passage" means a passage or strip of land constructed, set apart, or utilised, for the purpose of serving as or carrying a drain or affording access to a latrine, privy, 4 TUB GAZETTE OF INDIA EXTRAORDINARY [PAKT It— urinal, cess-pool or other receptacle of filthy or polluted matter by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air-space above such passage or land;
(24) "hut" means any building, which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of wiiatevei size or any small building of whatever material made;
(25) "infectious or contagious disease" means cholera, plague, small-pox, chicken-pox, kala-azar, tuberculosis, diphtheria and typhoid or enteric fever or such other dangerous disease as the Government may notify in this behalf;
(26) "inhabitant" used with reference <0 a local area means any person ordinarily residing or canying on business or owning or occupying immovable property therein;
(27) "joint family" means a family of which the members live together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the caae may be. of its members, but shall exclude married daughters and their children;
(28) "land" includes benefits arising out of land, houses and things attached to the enrih. or permanently fastened to anything attached to the earth and also land covered by water;
(29) "Legislative Assembly" means the Legislative Assembly of Manipur;
(50) "Local Authority" includes District Council, Municipal Council, Nagar Panchayat, Municipal Corporation and Panchayat;
(31) "lodging house" means a house in which visitors or other persons are lodged on hire for a night or more;
(32) "market" or "bazar" means any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock or any other article of food or merchandise, declared and licensed by the municipality as a market;
(33) "municipal area" means the territorial area of a municipality as is notified by the Governor;
(34) "municipality" means the Nagar Panchayat or (he Municipal Council, as the case may be, constituted under (he provisions of this Ordinance;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 {35) "municipal market" means a market belonging to or maintained by the municipality;
(36) "notification" means notification in the Official Gazette of Manipur;
{37) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense or sight, smelling or hearing or disturbance to rast or sleep or which is or may be, dangsrous to life or injurious to health or property;
(35) "occupier" includes—
(a) any person who is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b), an owner in occupation of or otherwise using his own land or building;
(c) a rent free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner of land or building damages for the use and occupation of such land or building;
(39) "offensive matter" includes animal, carcases, kitchen or stable refuse, dung, dirt, putrid, or putrefying subatanca and filth of any kind which is not included in sewage;
(40) "owner" includes—
(a) a person who for the time being is receiving or is entitled to receive, the rent of any land or building or at any part of any land or building whether on hio own account or on account of himself and others or as an agent, trustee for any person oi society or for any religious or charitable purpose, guardian or as a receiver or who would so receive such rent or be entitled to receive it if the land, building or part thereof were let to a tenant, and
(b) the head of a Government department in respect of properties under their respective control;
(41) "Pancbayat" means an institution of self-government at the district or village level constituted under Manipur Psmehayati Raj Act, 1994;
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART H ~
(42) "platform" means any structure which is placed on or covers or projects over, any public road or any open drain, sewer or aqueduct;
(43) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(44) "prescribed1' means prescribed by rules made under this Ordinance;
(45) "private road" moans any street, road, square, court alley or passage which is not a public road and includes a pathway made by the owner or premises on his own land to secure access to, or ihc convenient use of, such piemisps;
(46) the expression "re-erect" when used with reference to building, includes—
(a) the reconstruction of a building after more than onehalf of its cubical extent has been taken down or burnt down or has fallen down;
(b) the conversion of one or more huts or temporary structures into a Masonry or framed building;
(c) the conversion into place for human habitation of any building nor originally constructed for such habitation; and
(d) the extension of a building;
(47) "private slaughter house" means a slaughter bouse which is not a municipal slaughter house;
(48) "public place" means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in a rmmicipaiity or not;
(49) "public road" means any street, road, square, court illey.
passage or pathway over which the public have a right of way whether a thoroughfare or not, and includes—
(a) the roadway over any public bridge or causeway;
(b) ihe footway attached to any such road, public bridge or causeway; and <
(c) the drains attached to any such roads, public bridge or causeway, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or Government property;
(50) "regulation" means a regulation made by (he Municipal Council under this Ordinance, by notification in the Official Gazetie;
SEC I] THE GAZETTE OF INDIA EXTRAORDINARY 7
(51) "rubbish" means ashes, broken brick, mortar, broken glass, dust or refuse of any kind which is not fllth;
(52) "rule" means a rule made under this Ordinance;
(53) "Scheduled Castes" means such castes, races or inbes or parts of groups within such castes, tribes as are specified to be Scheduled Castes, in relation to the State of Manipur under article 341 of the Constitution of India;
(54) "Scheduled Tribes" means such tribes or tiibal communities or parts of groups within such tribes or tribal communities as are specified to be Scheduled Tribes in relation to the State of Manipur wnder article 342 of th e Constitution of India;
(55) "sewage" means night-soil and other contents of privies, latrines, urinals, cesspools and drains, and includes polluied water from sink, bathrooms, stables, cattle-sheds and other like places and also discharges from manufactories of all kinds;
(56) "slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;
(57) "urban areas" means the areas in ihe Siatp of Manipur which are not rural areas; 1
(58) "vehicle" includes bicycles, tricvcl^s and automoinr CUT*.
and every wheeled conveyance whether a carriage, cart, van, drav which is used or capable of being used on a public road;
(59) "ward" means a municipal ward constituted under section 18;
(60) "water works" includes all tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, shr'ces mains r>ipes hvdrants, stand pipes and conduits and all lands, buildings, machinery and things used for, or intended for the purpose of, supplying water;
26 of 1994.
(61) "ZUla Parishad" means -\ Zilb Pnnsbnd of ^ district ronstituted under the Manipur PancMvati "R î Act, 1994.
T H A P T F R TT CONSTITUTION OF MUNICIPALTTTF11 3 (1) The Governor shill. bv notification, consiitute—
(a) a Na^ar Panchnvat for a transitional area, that is to say, an area in transition from a MI'PI n n to an urbin area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Torporation for -\ br^cr irban area in accordance with the provisions of this Ordinance:
Provided that a Municipality under this section m:iv not V constituted in such urban area or part thereof n<* the Governor may, having repird <o the size of the area and the municipal services being provided or proposed Constitution of Municipalities.
3 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II— to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an industrial township.
Explanation.—In this section, "a transitional airea", "a smaller urban area" or "a larger urban area" means such areas as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agrioultural activities, the economic importance or such other factors as it may deem fit, specify by notification for the purposes of this Ordinance.
(2) Notwithstanding anyihing contained in sub-section (1), any local area, except in Scheduled Area, which was declared as a small town or a municipality under the Manipur Municipalities Act, 1976, before the commencement of this Ordinance, shall be deemed to have been declared ag a transitional area or a smaller urban area, as the case may be, for the purpose of this Ordinance.
Manipur Act No.
26 of 1976.
(3) Before issue of notification under sub-section (1) a draft of the notification is to be published indicating local limits «f the area to be included or excluded from the municipality.
(4) Any person who is ordinarily resident of the l º c a l a r e a in respect of which the draft notification has been published under sub-section (3) may, object to the proposal contained in such notification in writing to the Deputy Commissioner within forty-five days from the date of publication of the said draft notification.
(5) On receipt of the objection under sub-section (4) the Deputy Commissioner shall within forty-five days of the receipt of objection forward the same with hia comments to the Government for its consideration.
Effect of exclusion of local area from Municipality.
4. (1) When a local area is excluded from a municipality by a notifiaation under sub-section (1) of section 3, and is included in the other local authority the Government shall frame a scheme determining what portion of the balance of the municipal fund and all other property vested in that municipality, shall, on such exclusion, vest—
(i) when such area is included within the limits of any other local authority, in such authority; and (H) in any other case, in the Government and in what manner the liability of the municipality shall be apportioned between the municipality and! such local authority or the Government, as the case may be, and on the publication of such a scheme in the Official Gazette, such property and liability shall vest and be apportioned accordingly:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
Provided that before framing of any such scheme, the Government shall consult the municipality and where the area is included within the limits of any local authority, such authority also.
(2) Ah money due to the municipality, immediately before the date of such exclusion on account of tax, toll, fee, rate or otherwise may in respect of the areas so excluded be recovered by the municipality as if such area has not been excluded
5. Every municipality shall cause to be erected and set up and maintain boundry marks defining the limits of the area subject to its authority ar, set out by the notification.
h • «tlOll uiainten- HQoc Of boundary mirics.
CHAPTER III NACAR PANCHAYAT
6. A Nagar Panchayat shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall sue and be sued in its name.
Incorporation of Nagar Panchayat.
7. (!) Every Nagar Panchayat shall consist of such number of Counsellors as may be fixed by the Government from time to time by, notification.
Composition of Nagar Panchayat
(2) Save as otherwise provided in sub-section (3), all the seats in a Nagar Panchayat shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the municipal area of Nagar Panchayat,
(3) The Government may appoint a person having special knowledge or experience in municipal administration to be a Councillor of the Nagar Panchayat:
Provided that such person shall not have the right to vote in the meetings of the Nagar Panchayat.
87 G of 1—2 10 IHH GAZETTF OF INDIA EXTRAORDINARY LPAHI II— ApplJca.
tion of certain provisions relating to Council in case of Nagar Pajichayat.
8. The provisions of sections 17, 19 and 20 of this Ordinance relating to Council shall also apply in case oT Nagar Panchayat.
Chair, person and Vice- Chair, person of Nagar Panchayat.
9. For every Nagar Panchayat there shall be a Chairperson and a Vice-Chairperson.
Election of Chair- Person and Vice- Chairperson.
10. (1) Save as ouier-vibe provided in the Ordinance, ihe Councillors at the first meeting of the Nagar Panchayat to be called at the instance of the Deputy Commissioner after a General Election shall elect one of them to be the Chairperson in accordance with ihz rales made in this behalf.
(2) An election under sub-section (2) shall take place—
(a) within twenty-one days from the date of notification of the result under section 22;
(b) in the case of vacancy in the office of the Chairperson on account of any reason other than the expiry of the term of office of the Chairperson, within twenty-one days from the date of the occurrence of the vacancy.
(3) The State Government shall appoint t1 person lo preside over ihe meeting and for the purpose of the business mentioned in sub-section (1).
(4) The Councillors shall, either at the meeting referred to in sub-section (7) or at any subsequent meeting elect one among themselves, other than the Chairperson elected under sub-section (1), to be a Vice-Chairperson.
Resig.
ration by Chairperson, Vice, Chair, person and Councillor.
11. (1) The Chairperson may resign his office by writing under his hand addressed to the Executive Officer.
(2) The Vice-Chairperson or a Councillor may resign his office by writing under his hand addressed to the Chairperson, who shall forward it to the Executive Officer.
(3) The resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is accepted by the Government, SEC 1] THE GAZETTE Oh INDIA EXTRAORDINARY 11
(4) The Executive Officer shall forthwith intimate the iact of resignation received under sub-section (1) or sub-section (2) to the Nagar Panchayat and the State Government.
(5) On receipt of intimation under sub-section (4) the State Government shall notify the fact of the resignation and occurrence of vacancy thereon.
12. The Chairperson or Vice-Chairperson or any other Councillor of a Nagar Panchayat may be granted by that Nagar Panchayat such remuneration or such allowance as may be prescribed.
Remuneration to Chairpcison a ad Viuo- Chair jioi son.
CHAPTER IV MUNICIPAL COUNCILS
13. A Municipal Council shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall sue and be sued in its name.
Incorporation olj' Municipal Codncti.
14. Except as otherwise provided in this Ordinance, the municipal administration of a municipality shall vest in the Councillor the Nagar Panchayat, as the case may be.
Municipal fcdtninis-
15. (/) Every Council shall consist of such number of councilors as may be fixed by the State Government from time to time by notification.
(2) Save as provided in sub-section (/?"), all the sea'̂ s in a municipality shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the Municipal area.
(3) The State Government may appoint a person having special knowledge or experience in Municipal administration to be a member of the Municipal Council:
Provided that such person shall not have the right to vote in the meetings of the municipality.
Composition of Council.I
16. (1) In respect of a municipality having population of three lakhs or more there shall be constituted by the State Government, by order, such number of Wards Committees as may be determined by it, so however, that each Wards Committee shall consist of not less than five wards-
Provided that in constituting Wards Committees, the State Govei nment shall maintain geographical contiguity as far as possible.
(2) Each Wards Committee shall consist of—
(i) the members elected from the wards for which Wards Committee is constituted;
(H) the Fxecutive Officer who shall be the ex officio member, and (Hi) such other officers of the municipality as the State Government may specify to be ex officio members of whom one specified officer shall be the Secretary of the Wards Committee:
Provided tha( the ex officio members shall have the right to speak and participate in the meetings of the Wards Committee but shall not have the right to vote.
Consti tution and composition of Wards C immlttees.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) The Chairperson of the Wards Committee shall be elected by the elected members thereof from among themselves.
(4) The Chairperson shall cease to hold office if he ceases to be a membei qt the Wards Committee. Any casual vacancy in the office of the Chairperson shall be filled by election of another Chairperson from among the elected members of the Wards Committee as soon as may be after the occurrence of th& vacancy.
(5) The powers and functions of the Wards Committee and the manner of conduct of business at its meetings shall bo such as may be prescribed.
Hescrv a.
tion of seats.
17. In every municipality, out of the total strength of elected members determined under section 15, the State Government shall subject to such rules as may be prescribed, by notification, reserve—
(1) such number of seats to the Scheduled Castes and the Scheduled Tribes as may be determined by them, subject to the condition "hat the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total nftmber of seats to be filled by direct election to the Municipal Council, as the population of the Scheduled Castes, or as the- CESO may be, of the Scheduled Tribes in that municipality bears to the total population of that municipality; and such scats may be allotted by rotation to different wards in th© municipality;
(2) not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes;
(3) not less than one-third (including the number of seats reserved foi women belonging to the Scheduled Tribes and the Scheduled Castes) of the total number of seats to be filled by direct election to every Council, for women; and such seats may be allotted by rotation to different wards in a municipality.
Eocplanation.—In this section the expressions "Scheduled Castes", "Scheduled Tribes" shall have the meanings respectively assigned to them an clauses (24) and (25) of article 306 of the Constitution of India.
(4) The office of Chairpersons of the municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner .is (he State Government may prescribe by notification in this regard.
(5) The reservation of seats under sub-sections (1) and (2) and the reservation of office of Chairperson (other than the reservation for women) under sub-section (4) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of Tndia.
Alloca.
tion of reserved Reats and deli, mitation of wards.
18. The State Government shall carry out the determination of the boundaries of the wards in a municipality and the allocation Of seats reserved in favour of the Scheduled Castes, the Scheduled Tribes and women among the wards in the prescribed manner.
SBC 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
19. (1) A person shall be disqualified for being chosen as and for being, a member of a. municipality—
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Manipur Legislative Assembly: i
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by Manipur Legislative Assembly;
(c) if he is not registered as an elector in the electoral roll for a ward;
(d) if he is not ordinarily resident within the ward from which he is seeking election.
Disqualifications for member, ship.
43 cf 1950.
Explanation.—The expression "ordinarily resident" shall have the same meaning as assigned to it in secrion 20 of the Representation of the People Act, 1950.
(2) If any question arises as to whether a member of a municipality has become subject to any of the disqualifications mentioned in sub-section
(2) the question shall be referred for the decision of the Election Tribunal consisting of one member to be appointed by the State Government and in such manner as may be prescribed.
20. (1) Every person who is elected or appointed a Councillor of a municipality shall, before entering upon hi< office under this Ordinance, make and subscribe before such authority as may be prescribed for the purpose, an oath or affirmation of his allegiance to the Constitution of India in the prescribed form.
(2) Any person, having elected or appointed Councillor fails to make and subscribe, within three months from the date of the first meeting of Lhe municipality the oath oi timrmation laid down in subsection (!) shall cease to hold his office and his office shal'i be deemed (o have become vacant.
Oath of office.
21. The State Government shall appoint a person as an administrator to exercise the powers and perform the duties and functions of a municipality until a municipality is constituted for such area under this Ordinance:
Provided that the period of such appointment shall not exceed six months:
appointment of administrator.
Marupri AQJ NO.
26 ci 1"76,
Provided further that an administrator appointed under the provisions of the Manipur Municipalities Act, 1976 on or before the 12th day of October, 1993 shall be deemed to have been validly appointed under iKit Act and the term o'f such administrator shall cease to have effect on «he commencement of this Ordinance,
22. (/) Every municipality, unless sooner dissolved under thlis Ordinance, shall continue for five years from the date appointed for its first meeting after a general election at which a quorum is present and no longer:
Duration of municipalities, L'tC.
[4 , THE GAZETTE OF INDIA EXTRAORDINARY [PART n ~
Provided that a municipality which is functioning immediately before the commencement of this Ordinance shall continue till the expiration of its duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State of Manipur.
(2) An election io constitute a municipality shall be completed-—
(a) before the expiry of its duration specified in subsection (1);
(b) before the expiration of a period of six months froni the date of its dissolution:
Provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, ii shall not be necessary to hold any election under this sub-section for constituting the municipality for such period:
Provided further that the result of election shall be notified.
(3) A municipality constituted upon ihe dissolution of a municipality before the expiration OL its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under sub-section (!) had it not been so dissolved.
E very- Council to have Chairperson and a Vice- Chair, person.
23. For every Council, there snail be a Chairperson and a Vice- Chairperson.
Election of Chairpeison.
24. (2) Save as otherwise provided in this Ordinance, the Councillors at the first meeting of ihe Council to be called at the instance of the Deputy Commissioner after a general election sha'il elect one of them to be the Chairperson In accordance with rules made in this behalf.
(2) Such election shall take place within tweniy-fme days from the date of notification of the result under section 22; and in the case of vacancy in the office of the Chairperson on account of any reason other than expiry of the term of office of the Chairperson, within iwenty-one days from the date of the occurrence of the vacancy.
(3) The State Government shall appoint a person to preside over the meeting and for (he purpose of the business mentioned in sub-section
(1) • Election of Vice, Chairperson.
2&. The Councillors shall, either at the meeting mentioned in subsection (2) of section 24 or at subsequent meeting elect one among themselves oiher than the Chairperson elected under sub-section (1) of section 24 to be the Vice-Chairperson.
Chairperson and Vice.
Chairperson cease to hold office as such.
2G. When a Councilor who holds the office of Chairperson or the Vice-Chairperson ceases, for any reason whatsoever to be a Councillor, he shall, at ihe same time, cease to hold office of the Chairperson or the Vice-Chairperson, as the case may be.
S»c 1] THE GAZETTE OF INDIA EXIKAORDINAKY 15
27. If any Councillor is by reason of his death, resignation or removal or otherwise, is unable to complete his full term of office, the vacancy so caused shall be filled up by election or appointment, as the case may be, of a person under the provisions of this Ordinance and the person so elected or appointed shall hold office for the expired term of hi a predecessor:
Provided that no election for filling up a casual vacancy shall be held if the vacancy occurs within a period of six months preceding the date on which the term of office of the Councillor expires.
Filling up of vacancies and term of office of persons fil- Ung up the v acancy
28. (7) The Chairperson may resign his office by writing a letter of resignation .addressed io the Vice-Chairperson, who shall forthwiih deliver the letter to the Executive Officer
(2) The Vice-Chairperson or a Councillor may resign his office by writing a ]etter of resignation addressed to the Chairperson, who shall forthwith deliver the letter to the Executive Officer.
(3) The resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is accepted by the Govemmeni .
(4) The Executive Officer shall forthwith intimate the fact of resignation received under sub-section (1) or sub-section (2) to the Council and the State Government.
(5) On receipt oi the intimation under sub-seciion (4), the S'ate Government shall notify in the Official Gazette the fact of the resignation and occurrence of casual vacancy consequent thereon.
Hesig.
nation by Chair.
oerson.
Vice- Chair, person and Councillor.
29, (J) The State Government may remove any elected Councillor on the ground of his misconduct in the discharge of his duties if the removal is recommended bv a resolution of the municipality passed at a special meeting called for the purpose and supported by a majority of ihe total number of Councillors of the muninpa'Mty and bv a rmiority of not less than two-third of Councillors present and voting in such a meeting.
(2) The State Government may remove any Councillor—
(a) if he ceases to reside within the municipality continuously for a period of twelve months; or
(b) if he has been declared by the State Government by notification to have violated his oath or affirmation of allegiance; or
(c) if he becomes disqualified by or under any law for the time being in force for the purposes of elections to the Manipur Legislative Assembly; or
(d) it he has, within the meaning of section 59 knowing^ acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or as a partner, any share of interest in any contract or employment with by or on behalf, of thp municipality; or
(e) if he is in arrears of any kind of dues to the municipality for more than six months after a bill or a notice has been duly served on him: ' Removal of Coun_ rillors.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided that no Councillor shall be removed, under sub-section (2) or sub-section (2) unless he has been given an opportunity of being heard.
Effect o£ removal of a Councillor.
30. No Councillor of a Nagar Panchayat or a Council who has been removed from his office under sub-section (1) or under clause (b), (c),
(d) or (e), of sub-section (2) of section 29 shall be eligible for election or re-election as a Councillor for such period as may be prescribed.
No confidence motion against Chair, person or Vice.
Chair, person.
31. (I) The State Government may remove by a notification in the Official Gazette, from office the Chairperson or the Vice-Chairperson, in pursuance of a resolution passed by a majority of the total number of the Councillors and supported by not less than two third of the Councillors present and voting at a meeting specially convened for the purpose under sub-section (2).
(2) For the purposes of sub-section (1) a meeting of the Nagar Panchayat or of the Council shall be held in the following manner, name'iy:—
(i) the meeting shall be convened by the Executive Officer on a requisition signed by not less than one-fifth of the total number of Councillors constituting the Nagar Panchayat or the Council for the time being;
(H) the notice of such a meeting specifying the time and place thereof shall be despatched by the Executive Officer to every Councillor ten days before the meeting; ' (Hi) the Chairperson or the Vice-Chairperso^ as the case may be against whom the resolution referred to in sub-section (2) is to be moved, shall not preside over the meeting;
(iv) a copy of the notice shall be sent to the State Government.
(3), If the office of the Chairperson becomes vacant all powers nnd duties of the Chairperson, may, until the election of a new Chairperson be exercised and performed by the Vice-Chairperson.
(4) The removal of the Chairperson or the Vice-Chairperson under sub-section (!) shall be effective from the date of its resolution in this regard.
Grant of leave of absence to Chairperson or Vice- Chair.
person.
32. (1) The Nagar Panchayat or the Council, as the case may be, may, from time to time grant such leave o'f absence to the Chairperson or the Vice-Chairperson as it may deetn fit.
(2) If a) Chairperson or a Vice-Chairperson remains absent from office owing to illness or any other cause for a period exceeding three months without the leave of the Nagar Panchayat or the Council, as the case may be, he shall cease to be Chairperson or Vice-Chairperson, as the case may be, and his office shall become vacant.
(3) During the absence on leave of the Chairperson, the Vice- Chairperson and in the like event in the case of a Vice-Chairperson such one of the Councillors as may be elected by them to act as Vice- Chairperson, shall discharge the functions of the Chairperson or the Vice-Chairperson, as the case may be,
(4) The Vice-Chairperson or the Councillor shall, during and in respect of the period in which ho is acting as, or discharging the function SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 of Chairperson or Vice-Chairperson, as the case may be, exercise the powers conferred and perform the duties imposed on a Chairperson or a Vice-Chairperson by or under this Ordinance or by any other law for the time being in force.
33. It shall be the function of the Chairperson—
(a) to preside, unless prevented by reasonable cause, over all meetings of the Nagar Panehayat or the Council, as the case may be, and subject to the provisions of the bye-laws for the time being in force, to regulate the conduct of business at such meetings;
(b)1 to watch over the financial and executive administration of the Nagar Panchayat or the Council, as the case may be, and perform such executive "functions as may be allotted to him by or under this Ordinance and rules or bye-laws framed thereunder;
(c) to exercise supervisory and executive control over acts and duties of all officers and employees of the Nagar Panchayat or the Council, ag the case may.be, in matters respecting their executive functions and the accounts and records of the Nagar Panchayat or the Council, as the case may be;
(d) to direct, in case of emergency, the execution or stoppage of any work or doing of any act which requires the sanction of the Nagar Panchayat or the Council, as the case may be, and the immediate execution or doing of which is, in his opinion necessary for the service or safety of the public, and the expenses incurred in the • execution of such work or doing of such act shall be paid from Municipal Fund:
Provided that—
(a) he shall not act under clause (d) in contravention of any order of the Nagar Panchayat or the Council, as the case may be, prohibiting the execution of any particular work or the doing of any particular act; and
(b) he shall report forthwith the action taken under clause (d) and the reasons there'for to the Nagar Panchayat orlhe Council, as the case may be, at its next meeting.
Powers and " ' functions of the Chair- Person.
31 It shall be the function of the Vice-Chairperson—
(a) in the absence of the Crairpjrson and unless prevented by reasonable cause, to preside over tha meetings of the Nagar Panchayat or the Council, as the case may be, and he shall, when so presiding, exercise the same authority as is vested in the Chairperson under clause (a) of sub-section (1) of section 33;
(b) pending the election of a Chairperson, or during the absence of the Chairperson to exercise the powers and perform the duties of the Chairperson- Function of Vire_ Chairperson.
35. The Chairperson, the Vice-Chairperson or any other Councillor of a Council may be granted by the Council such remuneration or such allowance may be prescribed:
Provided that the expenditure to be incurred under this section shall without prejudice to the provisions of section 71, be paid out of the Municipal Fund.
Remuneration of Chair, person and Vice- Chairperson 87 G of S-3 T8 THE G A Z t r r t OF INDIA EXTRAORDINARY TPAKf II— Powers, authority and res, ponsibiJitits of Municipalities .
36. (1) The State Government as and when it considers expedienf may, by notification, entrust the Municipalities with the function of—
(a) (i) the preparation of plans for economic development and social justice;
(H) fhe performance of functions and the implementation of schemes as may be entrusted to including (hose in relation to the maiters listed in the Schedule.
(b) the Committees with such powers and authority as may be necessary to enable them to cany out the responsibilities conferred upon them including those in relation to the matters listed in the Schedule.
(2) On entrustment of functions undei sub-section (1), the Government shall allot to the Municipality such fund and personnel as may be necessary to enable the Municipality to discharge the functions and dutie* so entrusted.
Obligates y functions of the Municipality
37. It shall be the duty of every Municipality to make reasonable provision for the 'following matters within the municipality under its jurisdiction, namely: —
(a) lighting public roads and places;
(b) watering public roads and places;
(c) cleaning public roads, places and sewers and all spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the Municipality or not, removing noxious vegetation and abating all public nuisance;
(d) removing filth, rubbishy night-soil, odour or any other noxious or offensive matter from privies, latrines, urinals, cess-pools or other common receptacles for such matter in or pertaining to a building or buildings;
(e) extinguishing fires and protecting life and properly when fixe occurs;
(f) regibating offensive or dangerous trades or practices;
(g) removing obstructions and projections in public roads or places and in spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the Municipality or belong to the State Government;
(h) securing or removing dangerous buildings or places and reclaiming unhealthy localities;
(/) acquiring, maintaining, changing and regulating places for the disposal of dead bodies and of the carcasses of dead animals:
(j) constructing, altering and maintaining public roads, culverts, municipal boundary marks, markets, slaughter-houses, drains, sewers, drainage-works, sewerage-works, baths, washing-places, drinking-fountains, tanks, wells, dams and the like:
(k) constructing public latrines, privies and urinals;
(Z) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of inhabitants from the insufficiency or unwholesomeness of the existing supply:
SEC. 1] XHE GAZbi rB OF INDIA EXTRAORDINARY 19
(m) naming streets and numbering houses;
(n) registering births and deaths;
(o) suitable accommodation lor any calves, cows or buffaloes required within the municipality for the supply of animal lymph;
(p) printing such annual reports on the administration of the municipality as may be necessary or as the State Government may by general or special orders require the Municipality to print;
(q) making arrangements for preparation of compost manure from night-soil and rubbish; and
(r) establishing and maintaining cattle ponds.
38. Subject to such reasonable provisions as may be made under section 37 every municipality shall make reasonable provision for ihe following special matters, namely: —
(a) providing special medical aid and accommodation for the sick in times of a dangerous disease and taking such measures as may be required to prevent the outbreak, or suppress and prevent the recurrence of the disease; and
(b) giving relief and establishing and maiutaining relief works, in times of famine or scarcity, to or for destitute persons within the limits of the municipality.
Special duties of Municipality,
39. A Municipality may, at its discretion, provide out of tihe municipal property and fund, either wholly or partly, for—
(a) laying outi, whether in areas previously built upon or not, new public roads and acquiring land for the purpose, including land acquired for the construction of buildings for curtilages thereof, to about on such roads;
(b) constructing, establishing, maintaining, or contributing to (he maintenance of public parks, gardens, libraries, museums, reading rooms, halls, offices, dharmasfaalas, rest-houses, encamping grounds and other public buildings and places;
(c) constructions and maintaining, where necessary suitable sanitary houses for tihe habitation of the poor and granting loans for the construction of such houses or for effecting necessary improvements connected therewith;
(d) providing accommodation for any class of servants employed by the municipality or granting loans 1o such servants for construction of houses subjject to the rules made in this behalf;
(e) planting and maintaining trees in the roadside;
(/) securing ox assisting to secure suitable places for the carrying on the offensive trades mentioned In section 167;
(g) supplying, constructing and maintaining receptacles, fitting pipes, and other appliances whatsoever on or for the use of private premises, for receiving and conducting the sewage thereof into sewers under1 the control of the municipality;
Discre.
tionary functions ai Municipality, 20 Tl-ll: GAZhVJH OF INDIA EXTRACT DIN AH r t"F>5.i IT—
(h) the public health and infant welfare;
(i) contribution towards any public fund raised for the relief ol human suffering within or without the municipality;
(j) any public reception, ceremony, entertainment, or exhibition within the municipality by a resolution passed at a general meeting and supported by one-half of the total number of Councillors;
(7c) tlie organisation or maintenance of shops or stall for the sale of necessities of life;
(I) holding fairs and exhibitions;
(m) supply of milk;
(n) establishing labour welfare centres for its employees and subsidizing ths activities of any association, union or club u' such employees by grant of loan for its general advancement;
(o) maintenance of ambulance service;
(p) establishing and maintaining public hospitals and dispensaries a^d providing public medical service;
(q) providing facilities for antifrabic treatment and msating the expenses of Indigent person undergoing antifrabic treatment within 0/ outside the municipal limits; l (?) housing and maintaining destitute orphans and cripples and maintaining maternity centre and child welfare clinics;
(s) establishing rescue homes;
(£) any other matter which is likely to promote education or the public health, safety or convenience or the advancement of economic condition of the inhabitants of the municipality or which is necessary for the purposes of this Ordinance.
Management of public institu.
tion by- Muni cipalily to vest in it.
40, The management, control and administration of every public Institution exclusively maintained out of the municipal property and fund shall vest in the municipality by which it is so maintained-
CHAPTER V ESTABLISHMENT Appoint, ment of Executive Officers.
41 (7) There shall be an Executive Officer of every Nagar Panchayat or Council, as the case may be, who shall also function as Secretary to the Nagar Panchayat or Council, as the case may be, and all other officers and employees of the Nagar Panchayat or Council, as the case may be shall be subordinate to him,
(2) A Nagar panchayat or Council, as the case may be, shall appoint an Executive Officer with the concurrence of the State Government and the State Government may, if any particular Nagar Panchayat or Council, as the case may be, docs not make such appointment, appoint any person as such officer in respect of that Nagar Panchayat or Council, as the case may be.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
(3) A Nagar Panchayat or Council, as the case may be, may in, addition to the Executive Officer, also appoint other officer to assist the Executive Officer with the concurrence of the State Government.
42. The Executive Officer shall: —
(a) subject to the general control of the Chairperson, watch over the financial and executive administration of the Nagar Panchayat or Council, as the case may be, and perform all the duties and exercise all the powers imposed or conferred upon him, by or delegate^ to him uader this Ordinance and rules bye-laws framed thereunder;
and I
(b) give effect to the decision taken by the Nagar Panchayat or Couneil̂ as the case may be, and submit periodical reports, if the Nagar Panchayat or Council, as the case may be, so directs, regarding the progress made in respect thereof j.iin "unct ons JI the .Cxeeu+ive 0<Scer.
43. (1) Every Nagar Panchayat or Council, as the case may be, shall have a Health Officer, a Eevenue Officer and an Engineer for the efficient discharge of its functions and duties.
(2) The Nagar Panchayat or Council, as the case may be, shall appoint a Health Officer, a Revenue Officer and the Engineer with the concurrence of the State Government.
Ippointnent of Health Officer, IJ ̂ \ enue Officer and ligineer.
44. (1) Except as provided in sections 41 and 43 and subject to the approval of the State Government, a Nagar Panchayat or a Council may, by a special resolution determine the category and strength of employees required by it, for discharge of its functions and duties.
(2) Notwithstanding anything contained in section 71, the expendi ture incurred on the establishment d. Nagar Fanehayat or a Council shall be paid out of the Municipal Fund.
Power of Iiagar Panciaayat and Council to deternune strength of its employees.
45. Subject to the provisions contained in sections 41 and 43 a Nagar Pandhayat or a Council shall have power to appoint its officers and employees: I
Provided that the Chairperson may fill up such non-technical posts m the Grades III and IV in such manner as may be laid down in bye-laws framed in this behalf.
Power of Nagar Panchayat and Council to appoint its officers and employees .
46. (!) An employee of a Nagar Panchayat or a Council who is aggrieved by an order of the Chairperson in a disciplinary proceeding against him shall have right to appeal to the Nagar Panchayat or the Council within thirty days from the date of service of such order on him.
(2) An employee who is aggrieved by an order of the Nagar Panchayat or the Council may prefer an appeal to the State Government aga&st such an order within sixty days from the date of service of such order:
Provided that no appeal against an order other than an order for removal or dismissal shall lie to the State Government.
Disciplinary ^ction against employees f f Nagar ^anchayaj rid Council, coad'tions of thair serivces, 22 THH GAZhrTB OF 1ND1\ liXTRALIWJJN^JtY [IVRf II—
(5) Subject to the provisions of this Ordinance, the discipiinary action, conditions of the service and qualifications in respect of the employees of a Nagar Panchayat or a Council shall be the same as applicable to the employees of the State Government, from time to time.
Gratuity and pension.
47. The rules relating to gratuities and pensions applicable to the employees of the State Government shall apply to the employees of the Nagar Panchayat or, as the case may be, the Council and shall be paid out o!E the Fund of the Nagar Panchayat or, as the case may be, of the Council.
Power to make rules.
48. The State Government may make rules regarding the appointment, salaries, condition of services, powers, duties and functions of the Executive Officer, other Officers and employees and other of the Nagar Panchayat or the Council and other relevant matters connected thereof:
Provided that no disciplinary action shall be token against the Executive Officer except with the approval of the Sfate Government.
CHAPTER VI CONDUCT OF BUSINESS Meeting of a Nagar Panchayat or of a Council.
49. (1) There shall be at least one meeting of the Nagar Panchayat or the Council for transaction of its business in every month to be held on such date as is fixed by the Nagar Panchayat or the Council at a special meeting convened for the purpose, at the municipal office, if any. or other convenient place of which notice has been duly given.
(2) If there be no business to be laid before the Nagar Panchayat or the Council at any monthly meeting, the Chairperson shall, instead of calling the meeting, give notice of the fact to each Councillor three days before the date which is fixed for the monthly meeting.
(3) The Chairperson, or in his absence the Vice-Chairperson may, on a written requisition of not less than one half of the total number of Councillors, call a special meeting.
(4) If the Chairperson or the Vice-Chairperson, as the case may be, fails to call a special meeting within fifteen days after any such requisition has been made, the meeting may be called by the Councillors who made the requisition.
Chairperson of meeting.
50. If at a meeting neither the Chairperson nor the Vice-Chairperson is present, the Councillors present shall elect one of them to preside over the meeting and such Councillor shall perform all ihe duties and exercise all the powers of the Chairperson of Nagar Panchayat or a Council when presiding over a meeting:
Provided that no candidate for election to the office of the Chairperson or the Vice-Chairperson shall preside at such election.
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 23
51. Save as otherwise expressly provided in or under this Ordinance, all questions brought before any meeting of the Nagar Fanchayat or of the Council or of any of its committees shall be dedided by a majority of votes of the Councillors present and voting and in the case of equality of votes, on any question the persons presiding shall have a second or casting vote:
Provided that al the election—
(a) of Chairperson or Vice-Chairperson: or
(b) of a Councillor to represent the Nagar Panchayit ur ihe Council, as the case may be, under the provisions of any other law for the time being in force, in case of equality of votes, the person presiding shall nor exercise his casting vote and the result shall be decided by lot.
Marnier of deciding questions ,
52. (!) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors of a Nagar Panchayat or a Council be present:
Provided that in cases where the total number of Councillors of a Nagar Panchayat or a Council is not divisible by three, the total rmmbet shall be increased by such minimum number as to make the total numbei divisible by three.
(2) If there be no quorum present at a meeting the Chairperson otto his absence the Vice-Chairperson shall adjourn the meeting to audi hour of any future day as ho may reasonably fix. A notice of such adjournment shall be fixed upon a notice board in the municipal office and the business which would have been brought before the original meeting, hag there been a quorum thereat, shall be broughi before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournments thereof whether there be a quorum present or not.
(3) A notice of adjournment exhibited in the notice board of the municipal office on the day on which the meeting is adjourned, phnll be sufficient notice of the subsequent meeting.
Adjourn nient of meeting in the absence of quorum
53. (I) Minutes of the proceedings of each meeting of a Nagar Parichayat or a Council or any of its Committee shall be recorded in a book to be kept for the purpose separately for the NagW Panchayat or the Council and for each of its Committees and shall be eigned by the persons presiding over the meeting.
(2), The minutes of the meeting of a Nagar panchayat or a Council shall at all reasonable times and without charge, be open to inspection, by any member of the public.
Minutes of proceedings.
24 THE GAZETTE OF INDIA EXTRAORDINARY [I'ART II—
(3) The minutes of the proceedings of all meetings of the Nagar Panchayat or Lhe Council shall forthwith be forwarded by the iixecutive officer to the Deputy Commissioner, the Director and io the State Government.
i.ludiflcatii in r-nd c aicfilation of J ciolution.
54. No resolution of a Nagar Panchayai or a Council shall be modified or cancelled except by a resolution supported by not less ihau twothirds of the total number of Councillors and passed at a meeting whereof notice shall be given setting forth fully the proposed resolution to modify or cancel at such meeting and the motion of proposition lor modi:"'canon or cancellation of such resolution.
Right of.
G-Jvernn.rvit Officers to attend, rddres-3 and take pjTt in the meeting of the Nagar Panchayat or o£ the Council.
55. The Deputy Commissioner, the Director and such other officers as the State Government may, by general or special order specify in this behalf, shall be entitled to attend any meeting of a Nagar Panchayat or of a Council within their jurisdiction, address it on any matter affecting /the work of their department and take part in the meetings thereof, but shall not have the right to vote.
Appointment of Committees.
56. (1 ; The Nagar Panchayat or the Council at a meeting may appoint, from time to time, committees to be called "Standing Committee" to assist ii in the discharge of any specific duties devolved upon it under this Ordinance, within the who'e or any portion of the municipality and may delegate to any such committee all or any of its powers which may be necessary for the purpose of rendering such assistance, or withdraw all or any such powers, so delegated.
(2) Each Committee shall consist of Councillors and, when necessary, of such residents with special qualification when the Nagar Panchayat or the Council at a meeting desires to appoint, in such a case the number of Councillors shall not be less than two-thirds of the total number of the members of the Committee:
Provided that no Councillor who has been appointed as a member of one committee, shall be appointed as such in another committee at a time. I
(3) The members of such committees shall be liable to all the obligations imposed by this Ordinance on the Councillors of the Nagar Panchayat or the Council in respect of such powers as may be delegated to them.
(4) All the proceedings of any such committee shall br subject to confirmation by the Nagar Panchayat or the Council at a meeting.
(5) All questions connected with the removal or resignation of members of committee shall be settled by the Nagar Panchayat or the Council at a meeting.
Chairperson of Com, mlttee.
57. (1) The Chairperson of the Ns^ar Fanchavat o r of the Council, as the case may be, if he is a member of any committee, shall br exofficio Chairperson, thereof.
SEC. 1] THE GAZETTE OF INDIA EX1RAORD1NARY 25
(2) The Vice-Chairperson of the Nagar Panchayat or of the Council, as the case may be, if appointed a member of any committee of which the Chairperson is not a member, shall be ex-of}icio Chairperson thcreoi.
(3) When neither the Chairperson nor the Vice-Chairperson of Nagar Panchayat or of a Council, as the case may be, is a member of a committee, the Chairperson of such committee shall be nominated by the Chairperson of the Nagar Panchayat or of the Council, as the case may be.
5S. Every Chairperson, Vice-Chairperson, Councillor, officer or employees of a Nagar Panchayat or of a Council including a Government servant whose services are lent to the Nagar Panchayat or to the Council, shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the Nagar Panchayat or the Council, if such loss, waste or misapplication 'is a direct consequence of any illegal act, omission, neglect or misconduct on his part; and a suit for compensation may be instituted against him in any Court of competent jurisdiction by the Nagar Panchayat of by the Council, as tho case may be.
Liability for loss, waste or misapplication of funds and property.
59. No Councillor of a Nagar Panchayat or of a Council shall have without the written permission of the State Government, directly or indirectly, any share or interest dn any contract, lease, sale or purchase of land or any agreement for the same or any kind whatsoever to which the Nagar PanchayaL or Council is «» party, or shall hold any office of profit under it, and if any Councillor shall have such share or interest or shall hold such office he shall thereby become disqualified to continue in office as a councillor:
Provided that a Councillor shall not be so disqualified or liable by reason—
(a) of having a ahare or interest in: —
(i) a contract entered into between the Nagar Panchayat or the Council, as 'he fuse may be, an-1 any incorporated or registered company or any regis! ered Co-operative Society of which such Councillor is a member or shareholder; or (H) any agreement for the loan of money, or any security for the payment of money only; or (Hi) any newspaper in which any edveriisemeni relaiing to the affairs of the municipality is inserted; or
(b) of his being professionally engaged on behalf of the Nagar Panchayat or the Council, as the case may be, as a legal or medical practitioner and receiving a fee for services rendered in his professional capacity.
Dii>qualilicitions of Councillor having share or interest in contract.
87 G of 1—4 26 TUT CA2F1TE OF TND1A EXTRAORDINARY [PART II— Penalty in case Councillors, executive officer, etc., are having interest in a contract, etc., with the Nagar Panchayat or Council.
60. In a Nagar Pancbayat or in a Council—
(a) subject to the proviso to section 59 any Councillor who acquires, directly or indirectly any share or interest In any contract or employment with, under, by or on behalf of a Nagar Panchayat or a Council of which he is a Councillor;
(b) any executive officer or employee who acquires directly or indirectly any share or interest in any contract with, under, by or on behalf of a Nagar Panchuyat or a Council except in so far as 1t relates to his own employment as executive officer or an employee, shall be publishable with fine which may extend to five ihousan-l rupees Disqualification from voting.
61. No Councillor of a Nagat Panchayat or of a Council or no member of a committee shall vote or take part in the discussion of ?ny question at a meeting of the Nagar Panchayat or «f a Council or committee if the question is one in which he has direct or indirect pecuniary interest.
CHAPTER VII MUNICIPAL PROPERTY, FINANCE AND CONTHACTS Municipal property and vesting thereof.
62. (!) All property within the municipality, other than private property or property maintained by the Government or oiher local authority, shall vest in the Nagar Panchayat or the Council, as the case may be, and shall, with all other properly of whatever nature and kind which may become vested in (he Nagar Pan:hayat or the Council, as the case may be, be under its direction management and control, unless the State Government otherwise directs by notification, namely: —
(a) all public roads including the soil, the pavements, stones and other materials thereof, and all drains, bridges, trees, erections, materials, implements and other things provided for such roads;
(b) all public streams, channels, water courses, springs, tanks, reservoirs, cisternSi wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works, whether made, laid or created at the cost of (he Nagar Panchayai ot n'f the Council or otherwise and all bridges, buildings, engines, works, materials and livings connected therewith or appertaining thereto and also any adjacent land, not being private property, appertaining to any public tanks:
Provided that waier-pipcs and water-works connected therewith or appertaining thereto which with the consent of the Nagar Panchayat or of the Council 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 of their use by the public;
(c) all public sewers and drains, and all works, materials and things appertaining thereto and other conservancy works;
(d) all sewage, rubbish and offensive matter collected by the Nagar Panchayat or by the Council from roads, latrines, sewers, cess-pools and other places;
SEC. 1] THE G A Z ^ I E OF iNl )1A EXTRAORDINARY 27
(e) all public lamps *• lamp-po.sts and apparatus connected therewith or appertaining the reto, and all public gates, markets, slaughter houses and public buildi, ^ of e"^ery description which have been <-on;,tructed or are maim a, ;ned out of the municipal fund; and
(f) all land or other pn iperty transferred to the Nagar Panchayat or Council, as the case may be, by (he Government or acquired by the Nagar Panchayat or Coi wcQ, as the case may be, by gift, purchase or otherwise for local public purposes.
(2) The State Government ma. V, by notification direct that any property which has vested jn the Nagt. ̂ Panchayat or the Council, as the case may be, shall cease to be so vested, and the State Government may pass such orders as it may deem fit regarding the disposal and management of such property.
(3) The State Government may resume any immovable property transferred to the Nagar Psnchayat or the Council, as the case may be, by itself or any other local authority for a public purposes on payment of the amount paid by the Nagar Panchayat or by the Council, as the case may be, foi such transfer and the market value at the date of resumption of any building or works subsequently created or executed thereon by the Nagar Panchayat or by the Council, as the case may be:
Provided that compensation need not be paid for buildings or works constructed or created in contravention of the terms of the transfer.
63. Notwithstanding anything contained in section 6 or 13, noNegar Panchayat or the Council, as the cast may be, shall transfer any immovable property except in pursuance of a resolution passed at a meeting thereof by a majority of not less than two-third of Its members and except when it is not required Eov local public purposes:
Provided that in the case of properly which has been transferred to it by the State Government (he transfer under this section shall be subject to the previous sanction of the State Government:
Provided further that nothing in this section, shall apply to leases of immovable property for a term not exceeding two years in total.
Transfer of municipal property.
64. (7) The Nagar Panchayat or the Council, as the case may be, may enter inio any contract necessary foi the purposes of this Ordinance.
(2) Every conttact made by or on bekalf of the Nagir Panchayat or the Council, as the case may be, in respect of any sum exceeding ten thousand rupees shall be sanctioned by the Nagar Panchayat or the Council, as the case may be, at a meeting and shall be in writing and shall be signed by at leasi two Councillors one of whom shall be the Chairperson or the Vioc-Chairperson and in absence of both ihe Executive Officer. Every such contract shall be sealed with common seal of the Nagar Panchayat or the Council, as the case may be.
(3) Any contract made in contravention of sub-section (2) shall not be binding on the Nagar Panchayat or the Council, as the case may be.
Execution of contracts.
65. (1) The Nagar Panchayat or the Council at a meeting may agree with the person in whom the property in any road, bridge, tank, ghat, well, channel, or drain, vests to takp over the property therein or the control thereof, and after such agreement may declare by notice in writing put up thereon or near thereto that such roads, bridge, tank, ghatt well, channel or drain has br-en Iransferred to the Nagar Panchayat Or the Council, as the case may be.
Transfer of private ronds, etc., TO Nagar Panchayat or Council 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) On completion of the transfer the property shall vest in the Nagar Panchayai or the Council, as- the case may be, and shall thenceforth be repaired and maintained out of the municipal fund.
Acquisition of land.
6C. When any land, wneuier v/iQiin 01 without the limits of a municipality is required for the purposes of this Ordinance, the State Government may, at the request of the Nagar Panchayat or the Council, proceed to acquire it under the provisions of the Land Acquisition Act, 1894, and •on payment by the Nagar Panchayat or the Council, as the case may be, of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Nagar Panchayat or the Council, as the case may be.
1 of 1894.
Formation a n d custody for municipal fund
67. (1) There shall be formed for each Nagar Panchayat and for each Council a municipal fund to be called the "Municipal Fund" and it shall be held by the Nagar Panchayat or by the Council, as the case may be, for the p u r p o ^ of i>.js Ordinance and subject to the provisions thereof.
(2) The Municipal Fund shall vest in the Nagar Panchayat or the Council, as the cºse may be.
Credit of moneys to the municipal fund.
68. (1) There shall be credited to the municipal fund: —
(a) all sums received by or on behalf of the Nagar Panchayat or the Council under the provisions of this Ordinance or of any other law for the time being in force or under any contract;
(b) the balance, if any, standing at the credit of the Nagar Panchavat or the Council at the commencement of this Ordinance;
(c) all proceeds of the disposal of property by, or on behalf of, the Nagar Panchayat or the Council;
(d) all rentg accruing from any property of the Nagar Ponchayat or the Council;
(e) all moneys raised by any tax levied for the purposes of this Ordinance;
(f) all fees payable and levied under this Ordinance;
(g) a'il moneys received by the Nagar Panchayat or by the Council by way of compensation or for compounding offences under the provisions of this Ordinance;
(h) all moneys received by, or on behalf of, the Nagar panchayat or the Council from the State Government or private individuals by way of grants, contribution, gift or deposits; and
(i) all interest and profit, arising from any investment of. or from any transaction in connection wi'h, any money belonging to the Nagar Panchayat or the Council.
(2) Nothing in this seciion or in this OnHmnce tfiall aflVt .mi- obligation of fi Nagar Panchayat or of a Council ""-hlnp from a tru^ legally imnosM upon or a^epted bv the Nagnr Panchayat or by the Council, as the case may be.
SBC- 21 I'HE GAZETTE OF INDIA EXTRAORDINARY 29
69. (!) A Nagar Panchayat or a Council may, with the previous sanction of the Eu i e GovernmenL and bubjfcci io such conditions as may be prescribed as to security, the rate of interest and the repayment of principal and interest, bonow either from the State Government or any financial institution, any sum of money required or empowered to undertake under the piovisiona of this Ordinance.
(2) Nothing contained in sub-section (1) or the rules made thereunder shall apply to grants or loans or advance made to a Nagar Panchayat or to a Council by any department, office or authority of the State Government or by any local authority or by any other institution towards, and for th e purpose of, the implementation, achievement and accomplishment of community development schemes' and a Nagar Panchayat or a Council mav accept any such grant or loan which shail be regulated and governed by the terms on which, and the conditions subject to which, the sarnie is made or advanced.
Powers of tlic Nttgir Panchayat or of the Council to borrow money.
70. (1) All property vested in a Nagar Panchayat or in a Council under this Ordinance, all funds received by it in accordance with the provisions of this Ordinance, and all sums accruing to under the provisions of any law for the time being in force shall, subject to the provisions of this Ordinance, be applied for the purposes of this Ordinance, within the limits of the municipality.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a Nagar Panchayat or a Council, as the case may be, subject to rules made under this Ordinance:—
(a) to incur expenditure beyond the municipal limits on the acquisition of land, or on the construction, maintenance or repair of works, for the purpose of obtaining supply of water required for inhabitants of the municipality or on establishing slaughter hou9e3 or places for the disposal of night-soil or lewage or carcasses of animals or for drainage works, or for the purpose of providing tnechnically propelled transport facilities for the conveyance of the public or for the purpose of setting up dairies or firms for the supply, distribution and procuring of milk—products for the benefit of the inhabitants of the municipality or for any other purpose calculated to promote the health, safety or convenience of the inhabitants of the municipality; or
(b) to take a contribution towards expenditure incurred by any other local authoritv or out of any puhlic fund for measures affecting the health, safety or convenience of public calculated to benefit the residents within the limits of th® contributing municipality; or
(c) to create scholarship tenable outside the limits of municipality; or
(d) to utiUse the municipal fire brigade and other mechanical appliance beyond the municipal limits; or Application of municipal property and fund.
30 THE GAZETTE Ob iNDIA EX1RAORDINA&Y [PART it—
(e) to make with Lhe previous sanction of the Slate Government any odier kind of contribution as may be deemed necessary by lhe Nagar Panchayat or the Council:
Provided that nothing in this section or in any other provision , of this Ordinance shall be deemed lo make it unlawful for a Nagar Panchayat or a Council, when it has constructed works beyond the limits of lhe municipality for the supply of water or electrical energy or for drainage sra aforesaid—
(a) to supply or extend to or for the benefit of any person or building or land, in a^y place whether such place is not within the limits of the sjid municipality, any quantity of water or electrical energy not required for the purpose of this Ordinance within the said municipality or the advantages afforded by the s^tem of drainage works, on such terms and conditions with regard to payment and to the continuance or such supply advantages as shall be settled by agreement between the Nagar Panchayat or the Council, as the case may be, and such persons or the occupier or owner of such buildings or land; or
(b) to incur any expenditure on such terms with regard to payment as may be settled as aforesaid for the construction, maintenance, repair or charge of any connection pipe or any electric supply lines or other woiks necessary for the purposes of such supply or for the extension of such supply or for the extension of such advantages.
Budget, 71. (1) A Nagar Panchayat or a Council at a meeting specially convened for the purpose, two months before the close of the financial year, shall prepare in such form and manner as may be prescribed, a budget showing inter alia the probable receipts and expenditure during the ensuing year and after such revision as may appear requisite it shall pass the budget and such budget shall be submitted to the Director for obtaining approval of the State Government:
Provided that if 1he approval is not intimated within one month from the date of the receipt of the budget by the State Government or the receipt of such other information as is called for by ihr State Government, it shal] bo taken that lhe budget is approved.
(2) The Nagar Panchayat or the Council may, from time to time, revise any estimates of expenditure with the view of providing for any modification which it mav deem advisable to make in the appropriation of the amount at its disposal and such revised budget fhall be passed in th e manner provided in sub-sec+ion 0 ) .
(3) When the budget has been passed, lh e Nn^nr Pmchayat or the Council shall not incur any expenditure under any of the heads of the budget in excess of the amount • nnriioTned under that head without nvik- Ing a provision for such excess by a revision of the budget in the manner specified in sub-section (2).
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31
72. (1) Every Municipality shall maintain such accounts for every financial year in such i'orms as may bf; prescribed and submit such statement to the Deputy Commissioner, the Director and the State Government and such accounts shall be audited by the Director, Local Fund Audit and Accounts of the Government of Manipur in such manner as may be prescribed.
(2) The Municipality shall comply with such directions as the State Government may deem fit to issue after going through the audit report respecting it.
(3) The Municipality shall pay out of the municipal fund such sum as may be determined by the State Government by way of charges for such audit.
Accounts and audit.
2fo of 1994.
73. (7) The State Finance Commission constituted under section D7 of the Manipur Panchayati Raj Act, 1994, shall also review the financial position of the Municipalities and make recommendations to the Governor as to— '(a) the principles which should govern—
(i) the distribution between the State and the Municipalities of the net proceeds of the tuxes, duties, tolls and fees leviable by the State, whirh may be divided between (hem under this Ordinance and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(H) the determination of the taxes, duties, foils and foeswhich may be assigned to, or appropriated by. the Municipalities;
(Hi) the grant-in-aid to the Municipalities from the Consolidated FunEI of the State;
(b) the measures needed to improve the financial posiiirn nf the- Municipalities;
(c) any oth^r matter referred <o the Finance Commission by ihy- Governor in the interests of sound finance of the Municipalities.
(2) the Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the- State.
Finanea Gonimiseion for Municipalities.
CHAPTER VIII MUNICIPAL TAXATION
74. The State Government may, from time to <ime, by notification in the Official Gazette—
(a) authorize a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits to be prescribed by "it- Power to impose taxes by and fho funds of rthe Municipalitiesj 3 2 - - — _ _ T H F OAZETTE OF INDIA EXTRA OR DIN Alt Y [PART II—
(b) assign to a municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits to be prescribed by it;
(c) provide for making such grant-in-aid to the municipalities from the Consolidaied Fund of the State.
Taxes which may be Imposed,
75. (1) Subject to the provisions of this Chapter and with ths previous approval o'f the State Government, Municipal Council may, from time to time, impose in the whole or in any part of the municipality any of the following taxes and tolls, namely: —
(a) a tax on holding situated within ihe municipality assessed on their annual value, payable by the owner of the building or land or both; i
(b) a tax on all or any of the vehicles, other than covered by the Motor Vehicles Aci, 1988, or animals used for riding, driving, draught or burden and used within the limits of the municipality whether they are actually kept within or outside the said limits;
(c) an octroi on goods brought within the limits of the municipality for salej consumption or use w'ithln such limits;
(d) a latrine-tax payable by the owners or occupiers for collections remov1] and disposal of excrement or offensive ma'ter from latrines, privits, urinals, cess-pools or compounds by the municipality, the limits of the municipality;
(e) a scavenging-tax;
(f) lighting-tax where the lighting arrangement is made by the municipality;
(g) a drainage tax where a system of drainage has been introduced by the municipality;
(h) a tax on deeds of transfer of immovable property situated within the limits of the municipality;
(i) a tax on advertisements made wi'hin the limits of the municipality other than non-commercial undertaking advertisements published in newspapers;
(/) a water-tax where water is supplied by the municipality;
(k) market fees on person exposing poods for sale in any market or any place belonging to or under the conirnl of the State Government or of the municipality;
(I) a betterment charge on properties the value of whi^h may be increased as a result of town planning scheme implemenied bv the municipally; and
(m) any other tax, toll, rate, charge or fftf.
59 of 1988.
£>EC 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
(2) With the pievious sanction of the State Government a municipality may, from time to time, chaige a tee in lespcct oi the issue and lenewal of any licence which may be granted by thi; municipality under this Ordinance and in respect of which no tee is leviable under sub-sec'aon (!)
Manipur Act 26 of
1976.
(3) Subject to the provisions or any law that may be made by Parliament, any tax or fee which immediately before the commencement of this Ordinance, was being lawfully levied under the Manipur municipalities Act, 1976 notwithstanding that such tax or fee is not specified in subsection (1) shall continue to be levied by th« Nagar Panchayat or, as the case may be, by the Council.
(4) The State Government may fiom time to time direct 'the municipality to impose any tax or to modify the rale of any tax already imposed
(5) On default of the municipality to comply with the decision under subsection (4) within three months from the recsipt of the direction the municipality may be required to furnish reason as to why the tax should not be imposed or modified, as the case may be.
76. Notwithstanding any provisions to the contrary all Municipal taxes including services charges except under clause (a) of sub-seclion (1) of section 75 in respect of Government holdings shall be payable to municipality by the Government Department which is in contiol and management of the holdings.
Tax on Government holdings.
77 The State Government shall have the power to exempt by an order published in the Official Gazette any class of building or holding from levying any tax under saction 75 of tins Ordinance Restriction ngardtng tax on holding.
78 All the taxes mentioned in section 75 thaJl be ol'ected in the manner provided in the bye-laws.
Collec tion of taxes are sub_ jcci to bve-Kiw, etc 79 When it has been decided to impr>^ any tix r»*i the anniul vain-3 of holdinrs, the assessor after making si th inquire-, is may b^ n r " sary, shall determine the valuation of all hold-nrs wilhin 'h mimi.j;iL'lri> as htieinafter provided, and shall enter the same in a list cnli d the val1 ation I'1?*, which shall be in the prescribed form
Provided that valuation other than 'eni_nl v dintnm may be made bv the municipality through such person as may be aulhorrcc' by ih; muriinpi1ity in this behalf Nagar I'linthayat or Council to deter, mine thevaluation of holdings.
80 The assessor, in order to prepare th; valuation list, may vth never he thinks fit, by notice require the owners or occupies of all holding to furnish him, within fifteen days with return i of the rent or annuil value theieof and a description of the holdings in such detail as the municipality mav dhect and the assessor, at any time between sunrise and sunset, may entei, inspect and measure any such holdings-
Provided that at least forty-eight hours' previous notice of the intention to enter, inspect and measure any holding shall be given to tihe owner or occupier thereof, unless he waives his right to such notice Returns required for ascertaining annual value 87 G of I—5 34 TBk GAZErrjE C F I N D T A EXTRAORDINARY [PAur If— Penalty for default in furnishing icturn and for obstruction of assessor.
8i. (1) Whoever refuses or fnils to I'urnibh amy such return for the period of fifteen days from (die day on which he has be;n required to do so, or knowingly funnishcs a false or incorrect return or description shall be punishable with fine not exceeding five hundred rupees and wjth further fine not exceeding (fifty rupees for each day during which he omits to furnish a tarue and correct return.
(2) Whoever obstructs, hinders or prevents this assessor appohued by the municipality from entering or inspection or measuring any such holding shall be punishable with fine not exceeding two thousand rupees.
Determination of annual value of holding.
82. "Annual value"' means—
(d) in the case of hotels, colleges, schools, hospitals, factories and such other buildings, a proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting ihc building, less depreciation at the rate to be fixed by rule to the estimated value of the land appurtenant thereto, and
(b) in the case of a building or land not falling within the provisions of clause (a), the gross annual rent for which such buildings, exclusive of furniture or machinery therein or such land is actually let, or where the building or land is no! let »rr in the opinion of (he municipality is let for a sum less than its fair letting valii'-, might reasonably be expected i-o lei from vear to year
Provided that where the animal valup of anv buildinr would, by reason of exceptional circumstance, in ihr nninion of the municipality be excessive if calculated in the aforesaid manner, trip municinalU-.- may fix the anuual value at rmv loss ammint which nnpenrs to it suitable:
Provided further that the rules framed in this behalf shall be subject to the prior approval of the Government.
Do'crrai.
nation of rate of tax on holding.
83, The mode of procedure and syyiem of tax on the land and holdings will be such as may be prescribed by the rules to be framed by Government from time to time in this behalf.
Preparation of assessment register.
84, As soon as possible after the percentage at whir+i trie tax i<5 to be levied shall have been determined under section fl3, (he municipality shall cause <o be prepared an assessmeni register which shall contain the following particulars, and any D'TUT matters which the municipality may think proper to include—
(a) number of the holding on the register with ihr name of the road, if any, in which thr holrlirg js situated:
(h) annual value of the hnlilinjr fas slated in ihe valuation H»t);
(c) names of owner and occupier;
(d) amount of tax payable for the financial year;
(e) amount of taxes naynblp separately under clause in), (c?),
(f) or (j) of siub-seciion (1) of section 75:
SEC. 1] IHE GAZETTE Ot IN^lA EXTRAORDINARY 35
(f) amounts of quarterly instalments; and
(g) if the holding is exempted irom assessment, a note to that effect.
85. (I) If any building belongs to one owner and the land on. which it stands and any adjacent land which is usually occupied therewith belongs to another the municipality may value such building and land together and may impose thereon one consolidated tax.
(2) The total amount of the tax shall be payable by the owner ot the building, who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him as is equal to the proportion which such rent bears of the annual value of the holdings.
(3) In case of disputes, the municipality shall determine what amount the owner of the building and ot the land shall pay respectively.
Powers ito BSSC4S consoli_ dated tax for building and land on which it stands.
86. (!) The municipality may, at any time, direct an alteration in, or amendment of the assessment register-— (.u) oy entcimg Uieieui the name OJ. any p^ijOn ux any piupeity wincii m j,ts opinion ougm to liave been mnei^u, or any piopeity winch has become habie 10 taxation alter the pieparauon ot the assessment register, or t -
(b) by substituting therein with eilect irom tne date of succession or t r a i l e r , as the case may be, 101 the name ol the owner of any holding the name 01 any other person who has succeeded by transfer or otherwise, to the ownership of the holding, or
(c), by altering the valuation oi or assessment on any holding which in ltd opinion has been incorrectly valued or assessed, or
(d) by re-vaiuing or re-assessing any holding the value of which has been increased by additions or alterations to buildings, or
(e) by reducing, upon the application of the owner the valuation of any holding which has been wholly or partly demolished or destroyed, or the value «f which has diminished from any cause beyond the control of the owner, or
(j) by correcting any clerical or arithmetical error.
(3) The municipality shall give at least one month's notice to any person interested in any alteration which the municipality proposes to make under clause (a), (b), (c) or (d) of sub-section (1).
(3) Every alteration made under sub-section (1) in the assessment register shall be signed by the Chairperson or ihe Vice-Chairperson.
Reduction of valuation, revision of valuation and assessment and revision of valua, tion list and assessment register.
87, (1) Whenever the title to any holding is transferred both the transferor and the transferee shall for the purpose of clause (b) of subsection (1) of section 86 within three months after the execution of the instrument of transfer, or if no such instrument is executed, wi'hin three months after the transfer is- effected, give notice in writing of such transfer to the municipality.
Notice to be given to Chair, person of tran^ fors of title of persons liable to payment of tax.
36 THE GAZETilf OF INDIA EXTRAORDINARY [PART II— (H) In the event oJ! the death of the person in whom such ^itle vests, tile person to whom as heir or otherwise, the title of the deceased is transferred by descent or demise, shall within one year, from the death of the deceased, give notice in writing of such succession M> the municipality.
(3) Every person liable for the payment of taxes on any holding, who transfers his title to or over such property, without giving notice of such transfer to the municipality, as aforesaid, shall unless the municipality on the ground of hardship arising out of special circumstances, otherwise directs, continue to be liable for the payment of all such taxes from time to time payable in respect of the said property until he gives such notice, or until the transfer shall have been recorded in the municipal books.
(4) The municipality may levy a fee not exceeding one hundred rupees for every such transfer ol title to a holding in addition to the tax provided for in clause (a) of sub-section (!) of section 75.
of valuation list.
88. (2) A new valuation list shall, unless otherwise ordered by the State Government, be prepared in the same manner as the original list, once in every five years.
(2) Subject to any alteration or amendment made under section 86 and to the result of any application made under section 95 every valuation list or the assessment register shall be valid from the date on which the list or register takes effect in the municipality.
Appointment of assessor and power of State Government to direct the appointment of assessor.
89. (1) The municipality, for the purpose of general valuation may, with the concurrence of the Government, appoint an assessor who shall neither be an employee nor a Councillor of the municipality on such pay and with such establishment as it may determine.
(2) Notwithstanding anything contained in section 88 if at any time it appears to the State Government that the valuation in any municipality is insufficient, excessive or inequitable, the State Government may, by an order in writing, require the municipality to revise the valuation or to show cause against revision within a specified time, and if the municipality fails to comply with the order or in the opinion of the Government the cause shown is inadequate, the State Government may by an order in writing require the municipality to appoint with the approval of the State Government an assessor for the municipality within a time and for a period to be specified in the order. The order shall fix the pay of the assessor and the cost of hia establishment, and the pay and cost shall be paid monthly by 'he municipality .
Revision.
of assessment register.
90. Whenever the valuation list is revised or altered wholly or in part or a new percentage is fixed under section 83 the assessment register also shall be revised and all consequential changes, made therein.
Effect of revision of asses'jineut register,
91. The first assessment register prepared for any municipality under the Ordinance and any revision thereof or alteration therein made under the foregoing section shall subject to the provision of sections 86 and 96 and take effect, from the beginning of the quarter following the publication of the notice mentioned in section 96.
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 37
92. (1) The taxes mentioned in clauses (a), (g) and (I) of sub-section (1) of section 75 shall not be assessed or levied on any building which is used exclusively as a place of public worship, or on any holding which, is duly registered as a public burial or bumling ground under this Ordinance.
(2) The municipality m ay exempt from assessment of the tax mentioned in clause (a) of sub-section (1) of section 75 on any holding used for the purpose of a public charity.
(3) The municipality may reduce the amount payable on account of any of the taxes mentioned in Clauses (a), (b), (f) and (i) of Subsection (1) of section 75 or remit the same on the ground of excessive hardship to the person liable to pay the same:
Provided that such reduction or remission shall not, unless renewed by the municipality, have effect for more than one financial year.
Exsmp, tions and remission.
93. An assessor appointed by the municipality under section 89 shall exercise all such powers of valuation as may be vested in him by the municipality or as may be prescribed.
Power of assessor.
94. (1) When the valuation list mentioned in section 79 and the assessment register mentioned in section 84 shall have been prepared or revised the Chairperson shall sign the same and shall cause them to be deposited in the office of the Nagar Panchayat or as the case may be, of the Council, and shall cause a notice to be published in such form and manner as may be prescribed.
(2) In all cases jn which any property is for the first time assessed or the assessment is increased, the Executive Officer shall also give notice thereof to the owner or occupier of the property.
Publication of notice of assessment.
95. (1) Any parson who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding or who disputes his occupation of any holding or his liability io be assessed, may apply to the municipality to review the amount of assessment of valuation or to exempt him from the assessment of tax:
Provided that no application shall be entertained unless the applicant has paid all arrears of dues to the munliclpality accorded up to the date of such application other than the sum which has been enhanced by the valuation or assessment against which the review application has been filed.
(2) When an assessor has been, appointed under section 89 notice of every such application shall be given by the municipality to the assessor.
Application fqr review.
96. (7) Every application presented under section 95 shall be heard and determined by a Committee consisting of not more than five members.
(2) The Chairperson or the Vice-Chairpterson shall be on© of the members of such committee ex-officio, and the other members shall be appointed from among the Councillors by the Nagar Panchayat or, as the case may be, by the Council:
Provided that no member so appointed shaW take part in hearing or determining any application from the w;ird in which he resides, or in the case of an elected member the ward which he represents, but nothing in this proviso, shall prevent any such member from giving evidence with regard to the matter under enquiry.
Procedure for review.
38 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—
(3) No such application shall be heard or determined by the committee unless at least three members including the Chairperson or the Vice-Chairperson are present.
(4) The committee shall give notice to the applicant of the time and place ati which application shaill be heard, and after taking such evidence and making such enquiries as may be deemed necessary in the presence of the objector or his agent, it' he appears the committee shall pass such (orders as it may deem fit in respect of such application.
(5) If the committee orders that any valuation to which the application relates shall be reduced, brief reasons for such reduction shall be recorded.
(6) The decision of the committee or of a majority of the members thereof, in respect of any application referred to in tihis section shall be final.
I.imitation of time for application for raviow,
97. Unless good cause shall be ihown to ttic satisfaction of -lke committee referred to in section 96 for extending the time allowed, and save as is otherwise expressly provided in this Ordinance, no such application shall be received after r ĥe expiry of one month from the date of publication of the notice required by section 94 relating to the list or register