(1) The offences under this Act shall be compoundable.
(2) The Authority shall have powers
(a) to compound the offences under this Act, and
(b) to withdraw any claim made under this Act.
75. Any sum recoverable by the Authority under this Act, or any fine imposed under this Act, if not paid on demand, shall be recoverable as an arrear of land revenue.
Added by the Manipur Town and Country Planning (Second A:nendment) Act, 1976 (Manipcr Act No. 25 of 1976).
2 Numbered by the Manipur Town and Country Planning (Second Amendment) Act, 1976 (Manipur Act No. 25 of 1976).
27 Liability for causing loss, waste or misapplica :.ion of mo ney or pro perty of the Authority.
Order under the Act not to be ques tioned in any Court.
Effect of orders in consistent with other enactments.
76. (I) No suit, prosecution or other legal proceeding shalllie against an Authority or its officer or servant or any personacting under its or his direction or any -Govt. servant employedfor the purposes of this Act for anything which rs in good faithdone or intended to be done under this Act or rules or bye-lawsmade thereunder.
(2) No suit, prosecution er other proceeding shall lie againstthe State Government for anything done or purported to be doneby it under this Act.
C'.'1) No suit or other le6a! proceeding, not being a criminalproceeding, shall be instinned against a n Authority, or any of its officersin respect of any act purporting to be done by such officer in hisofficial capacity, or any person 2ctiog under its or bis directi.Jn,until the expiration of cne montb next after notice in writing hasbeen properly served on.
(a) in the case of a suit against the A uthority, the Chairman ;
(b) in the case of an officer, the officer against whom thesuit or proceeding is instituted ; and in the case of anyperson a::ting under the direc•ion of the Authority orcf any of its officers delivered to him at his place orresidence or business : stating the cause of action, the name, description and place of residence of the plaintiffand the relief which be claims; and the plaint or thepetition shall contain a statement that such notice hasbeen so served.
Explanation : - "Officer" in this section includes the Chairman andthe Vice-Chairman.
77. Every officer or servant cf an Authority or of the StateGovernment shall be liable for the loss, waste or misapplication,of any money or property vested in the Authority, if such loss,waste or misapplication is a direct ccnsequence of his wilful neglector misconduct while such officer or servant was in the service ofthe Authority, and a civil case for compensation may be institutedagainst him by the Authority with tbe prior sanction of the StateGovernment.
78. No order made in exercise of any power conferred by orunder this Act shall be called in question in any court except asprovided in jhis Act.
79. Any order made under this Act shall have effect notwithstanding anything inc0nsistent therewith contained in any enactmentother than this Act or any instrument having effect by virtue ofany enactment otber than this Act.
Bar to suits and procee dings.
Service of Notice.
Method of giving public notice.
Formal de fects in asses sments & demands.
Power and duties of po lice in res pect of assis tance to Au thorities.
Decision of disputes be ween autho rities, Offence by a bodv oi individuals.
Power to - enter into and for ins pection etc.
CHAPTER XII Miscellaneous Provisions.
80. Every notice issued under this Act shall be served in such manner as may be prescribed.
81. Subject to the provisions of this Act, every public notice required under this Act shall be deemed to have been given if it is published in some registered newspaper (if any and exhibited en a notice board open to the public at the building in which the meetings of the Authority are ordinarily held or if it is published in the official Gazette.
82. No assessment list or other list, notice or other such document specifying, or purporting to specify w.th reference to any charge, or fee, any person 's pro pert), thing or circumstances shall be invalid only by reason of a clerical or technical mistake in the name, residence place of business or occupation. of the person or in the description of property, thing or circumstances if it is sufficient to identify the person, property, thing or circumstances.
83. Every Police Officer. Chowkidar, or every officer of the local authority shall give immediate information to the Authority of the commission of an act coming to his knowledge which is an offence under this Act or under any. Rule made thereunder, and shall be bound to assist all members, officers and servants of the Authority in the exercise of their lawful authority.
84. If a dispute arises between the Authority and any local authority en any matter in which they are jointly interested, such dispute shall] be referred to the State Government, \\ hose cecision shall be final.
85. rIU) If a body of individuals commit an. offence under this Act, every person, who, at the time the offence was committed, was in charge of, or was responsible to, the bcdy for the conduct of the business of the body, shall be deemed ta be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that notbinz ccntaiced in this set-section shall render any such person liable if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
Explanation:-For the purpose of this section, ''b,)dy cit individuals" means a company, firm, association, club or any such body by whatever name it is called.
86. For the purpose of implementation or execution of any Scheme, the authority or persons appointed by the State Government, their subordinates and contractors may enter into or upon any land, in order-
(a) to make any inspection, surveys, measure, valuation or enquiry;
(b) to take levels ;
(c) to dig or bore into the sub-soil;
29 (cJ to dig or bore into the sub-soil;
(d) to set out boundaries and intended lines of work ;
(e) to mark: levels, boundaries and lines by marks and cutting trenches; or ·
(f) to do any other thing whenever it is necesvary to do so, for any of the purposes of this Act or any Rules made or any Scheme approved thereunder er any Scheme which the State Government intends to frame thereunder :
Provided that except when it is otherwise specifically provided by Rules made under this Act no such entry shall be made between sunset and sunrise:
Provided further that except when it is otherwise specifically provi ded by such Rules, uo building which is used as human dwelling house shall be so entered unless with the consent of the occupier thereof, without giving the said occupier at least 24 hours previous notice in writing of the intention to make such entry: and
Provided also that due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and re.igious usages of the occu pants of the premises entered,
87. A Copy of receipt, application, plan. notice, order, entry in a register, or other document in the possession of the Authority shall, if duly certified by the person authorised by the Authority in this behalf shall be admissible in evidence.
88. An Authority may enter into and perform any contract necessary for any matter relating to a Plan or a Scheme or for any other purposes of this Act, and such a contract shall be signed by the· Chairman on behalf of the Authority and shall be sealed with the common seal of the Authority.
89. Whenever any difficulty arises in giving effect to any of the provisions of this Act, the rules, bye-laws and orders made thereunder, the State G0vernmeot may issue such directions as may appear to it, necessary for the purposes of rerno ving the difficulty, \, 90. (l) The State Government may, after previous publication .
in the Official Gazette, make rules for carrying out purposes of this Act.
(2) In particular and without prejudice to the generally of the foregoing powers, the State Government shall have power to make rules in respect of the following matters, namely-
(i) the manner of publication of notification regarding the Schemes, their modifications. variations, rev'-,cations, submissions, and approval by the State Government;
(ii) powers that may be delegated to any Authority establish under this Act or to my Officer ;
(iii) procedure to be adopted for securing co-operation of various Government Departments, the owners or other persons or bodies interested in the Schemes;
Admissibility of certified copies, Plan of Au thority to enter into agreements.
Power of State Govt to remove difficulties, ·Power of the State Golt. to make rules, 30
1. Substituted by the Manipur Town and Country PlJnning (Second Amendment) Act, 1976 (Manipur Act No. 25 of 1976j.
(iv) cal.:ulation, assessment and payment of compensation in respect of property which is injuriously effected within the meaning assigned to it in Section 1 [53] of this Act;
(v) calculation, assessment and collection of betterment charge;
(vi' procedure of filling, hearing and deciding objections and appeals under the Act and all matters connected therewith;
(vii) the delegation of power to and the duties that shall be dis::harged by the Chief Town Planner and the matter on which and the manner in which he shall be consulted;
(viii) matters other than those referred tL1 in the foregoing clauses which are expressly or bv i:npli'::ation required or allowed by this Act to be prescribed by Rules; and
(ix) Creation and administration of fund for the purpose of implementing the provisions of this Act.
(3) Every Rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in sessi:)Il for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions;
and if before the expiry of the session immediately following, the Assembly resolves that any modification in the Rule shall be made of that the Rule shall not be made, the Rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule.
91. 0) The Authority shall have power to make bye-laws in respect of the matters enumerated under this section and not in consistent with the Rules made under this Act, namely-
(i) Sub-division of lands and layout of public roads;
lii) width for different classes of public roads according to the nature of traffic to be carried thereon;
(iii) roads, lands and setting back of buildings from the road line ;
(iv) Zoning Regulations prescribing the type or description of buildings which may be constructed, the spaces to be kept un-occupied in a zone or a part thereof; or any other matter pertaining thereto;
(v) r-!gulation and display or advertisement in the interest of amenity, aesthetic, or public safety;
(vi) regulations in any· manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or other structures, on any land within the jurisdiction of the ? uthority;
1•, .. var of ,\11lh11rlty '" 111?ka lty• IMWI, Conrro/bythe State Govt. & theBoard.
Dissolution of the Au.
thority.
Savingsof Previous or.der& & ac.
tions of theStare Govt.
31httj t•••?•lm, ""' '""""<fon of bosfoe,, of the meeting, of (ht "?ll/1111111 \ JI/ Nn n,, I, h "· fo ws •ha// come inu, /om, Uotil it is •- I•.>!I,,, ·'"' · < '""'""''"' "d tbe,o,f,e, pub/fahed in <be fh1uu., /II 11,,, ''"'•' """'""''"' m,, at any time "•eeJJ the .,,J'li:,•;':;;;,,"'·•, h1·,-fo.,,,und tbeceupon '"'h by, law, •hall f!!· l'fi, """ "' •<"" <lu "", ho,; ly sbsu ""Y out •ucb dfr"tion, <! !I!!,?' """'' I<,"" """ to tin" by <be State Go,«nmentfo, •D1!/!l!,<i•1'''"""', u """" n r !I, i, Act, ,ad the A. u <ho,;,ysbalJ ""Y ?II>ill!< >"'!• ,1, • '" • ",.,., , " "''" be Is, ued frn ,u time to tin,, by the ffN4jjfl4? I/Iii jl,11 /1111,•, • fi!Y)!lll,,.1ilH' " • h,·oe h, dfrection,or ti,e Boa,d di,ecgentfrom ' ...
h.>ltj.lit ....I/.,.',,,1,,, !.'"'•'r11,11,•n1for the sam: issued, the dire;:tion ,,if jftj lfillt ! lt1111, 111111,,11,/1;1/J prev11iJ._ijl (! j W1,.u u,,, '""' Go,e,nmenti, •>ti,fied that tb, pu,, l'""'l .fi!!•<lpe,, '"" , I"''"" i I, wa, establi,ed unde, thi, Act ha,, 11,,?I !!OJ!"',"'IU ""'"" < ed , ,, '" to <ondc, tbe con tlnu,d <'1st enc, O( 111' 11<!11·"<<1 """ "• ,•,,,,, f<' or the A.ufbo,;,ybes not functioned " ·,i l!,il, , • '1,, ,, ,., " "'""""•<thinksi:, may, by notinc"Jon In 111, ' 1, "' ", .,.,.,.,., 11,.,, the A Utbo,I<>shall be di,so/,ed •·•111 . 1,,.,,.
"• · " "·"• "• "" y b, 'PXifi ,d In the notification;
<!iii I!, ? "' 1,.. , "• ,i, ,, II i,,. ,leem,d lo be di '>ol,ed acco,dingly_ \fl h,"'' 1/j,1 d,1r,· o/' such dissolution-fij/ ,.fl llh;f"""',''""'' ona du" which a,e >ested in o, na, ,,., w? " ''" '""' "'" y shall "" '"· °' be '"lisab!, by, llt,i lt!!ifr lf,,v.·,,111tr111,If!/ ii!. 11,hi! 11,,. •·111<11m·e enfo,eeab!e agein,t !he Antbo,;ty '1i•II h, """""'''''' "'""'" th, State Go,e,,nment;
and M fl\, 1\, II"•''"" "' , "'"'"'• Pm Pe<lie,, fund, aod due, ,e.
l't;iftj.t/ ...
hi ..
1" "'""? ;.,1._11,c fooctlon,of the Authority•hall flt !fl;, 1111,ti"'" h1 tl1r .',tate Government.'14, \II • "''"", • "'''"'' "'"'' ond action, taken b, the Stat, Go.
'"'"""' •ij '''""' .,,,.,, """ """" '"d Count,yPlann'ingin i\fanipu, •efoc, 11,, ''}"""""''"''"' "' 11,i, Ac, •hall, uo/es, incon,i,tent With <be '""'"'" """'''• I•, ''"""''' ,., """ been m,d, o, taken unde, ;, ? OI , ,1,/ tit ti! , "" """ , " '" dfecti" afte, such commencement,