THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
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THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
Title : THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
Year : 1971
(1) As soon as may be after the commencement of this Act, the Administrator shall cause all the Hill Areas to be divided into not more than six autonomous districts.
(2) The Administrator may,by order notified in the Official Gazette,-
(a) Declare that any area in any autonomous district which is, or is intended to be, included within the limits of any municipality, cantonment or town committee shall cease to be a part of such autonomous district;
(b) Increase the area of any autonomous district;
(c) Diminish the area of any autonomous district;
(d) Unite two or more autonomous districts or parts thereof so as to form one autonomous district;
(e) Define the boundaries of any autonomous district;
(f) Alter the name of any autonomous district.
(3) No order under sub-section (2) shall be made by the Administrator except after consultation with the Hill Areas Committee.
(4) Any order made by the Administrator under sub-section (2) may contain such incidental and consequential provisions as appear to the Administrator to be necessary for giving effect to the provisions of the order.
(1) For each autonomous district there shall be a District Council as from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf.
(2) The total number of seats in the District Council to be filled by persons chosen by direct election on the basis of adult suffrage from territorial constituencies shall be not more than eighteen.
(3) The Administrator may nominate not more than two persons,not being persons in the service of Government, to be members of any District Council.
The Administrator shall, by order, determine-
(a) The constituencies(which shall be single member constituencies) into which an autonomous district shall be divided for the purpose of election of members to the District Council of that district; and
(b) The extent of each constituency.
The Administrator may, from time to time, by order, alter or amend any order made under section 5.
A person shall not be qualified to be chosen as a member of a District Council of any autonomous district unless he is an elector for any District Council constituency in that autonomous district.
(1) A person shall be disqualified for being chosen as a member of a District Council if he is for the time being disqualified for being chosen as a member of either House of Parliament or holds any office of profit under any District Council.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under a District Council by reason only that he is a member thereof.
(1) The persons entitled to vote at elections of members of a District Council shall be the persons entitled, by virtue of the provisions of the Constitution and the Representation of the People Act, 1950, (43 of 1950.) to be registered as voters at elections to the House of the People.
(2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency formed under section 5 shall be deemed to be the electoral roll for that constituency for the purposes of this Act.
(1) Every person whose name is, for the time being, entered in the electoral roll of a constituency shall be entitled to vote at the election of a member of the District Council from that constituency.
(2) Every person shall give one vote and no more to any one candidate at an election.
Election of members of a District Council shall be held in accordance with the rules made under section 21 on such date or dates as the Administrator may, by notification in the Official Gazette, direct:
Provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy:
Provided further that no election shall be held to fill up a casual vacancy occurring within four months prior to the holding of a general election under this section.
The names of all persons elected or nominated to be members of a District Council shall be published by the Administrator in the Official Gazette.
(1) Save as otherwise provided in this section, the term of office of a member shall be five years and shall commence from the date of the notification of his election or nomination under section 12 or from the date on which the vacancy in which he is elected or nominated has occurred, whichever date is later:
Provided that the Adminstrator may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the members by such period not exceeding one year as he thinks fit.
(2) The term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(1) No election of a member shall be called in question except by an election petition presented to the court of the District Judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section12.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16.by any candidate at such election or by any elector of the constituency.
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition-
(a) Shall contain a concise statement of the material facts on which the petitioner relies;
(b) Shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question;and
(c) Shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908.(5 of 1908.) for the verification of pleadings.
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
The election of a returned candidate may be called in question on any one or more of the following grounds, namely:-
(a) That on the date of his election the returned candidate was not qualified to be elected, or he was disqualified for being elected, as a member under this Act; or
(b) That the nomination paper of any candidate at the election has been improperly rejected; or
(c) That the result of the election has been materially affected by the improper acceptance of a nomination paper or by the improper acceptance or refusal of a vote or by any other cause.
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908.) in regard to suits shall be followed by the court of the District Judge, as far as it can be made applicable, in the trial and disposal of an election petition under this Act.
(1) At the conclusion of the trial of an election petition, the court of the District Judge shall make an order-
(a) Dismissing the election petition; or
(b) Declaring the election of all or any of the returned candidates to be void; or
(c) Declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the court of the District Judge is of opinion--
(a) That in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) That but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes, the court of the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
(1) If during the trial of an election petition it appears that there is equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the District Judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.
(1) An order of the court of the District Judge on an election petition shall be final and conclusive.
(2) An election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.
The Administrator may make rules to regulate all or any of the following matters for the purpose of the holding of elections of members under this Act, namely:-
(a) The manner of the splitting up of electoral rolls for parliamen -tary constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency; and the officer or authority by whom such splitting up is to be carried out;
(b) The drawing up of the programme of election;
(c) The appointment of returning officers, presiding and polling officers for election;
(d) The nomination of candidates and the scrutiny of such nomination;
(e) The deposits to be made by candidates and the time and manner of making such deposits;
(f) The withdrawal of candidatures;
(g) The appointment of agents of candidates;
(h) The time and manner of holding elections;
(i) The general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast;
(j) The fee to be paid on an election petition;
(k) Any other matter relating to elections or election disputes in respect of which the Administrator deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Administrator, necessary.
Each District Council shall be a body corporate by the name respectively of "the District Council of (name of autonomous district)" and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.
(1) A District Council shall,as soon as may be, choose two members to be respectively Chairman and Vice-Chairman thereof and so often as the office of Chairman or Vice-Chairman becomes vacant, the Council shall choose another member to be Chairman or Vice- Chairman, as the case may be:
Provided that the Administrator may nominate the first Chairman who shall hold office for a period not exceeding one year.
(2) If a resolution for the removal of an elected Chairman is passed by not less than two-thirds of the total membership of the Council at a meeting convened in accordance with the provisions of sub-section (3), such resolution shall have the effect of removing the Chairman from his office as from the date on which the resolution is so passed and if such resolution is passed by less than two-thirds but not less than one-half of the total membership of the Council, the Administrator may, by order in writing, remove, for reasons to be recorded, the Chairman from his office as from such date as may be specified in the order:
Provided that no such resolution shall be brought within one year from the date of election of the Chairman:
Provided further that if the resolution is not passed by not less than two-thirds of the total membership of the Council, no other resolution for the removal of the Chairman shall be allowed to be considered within one year from the date on which such resolution was considered.
(3) A notice in writing of the intention to move a resolution referred to in sub-section (2) signed by not less than one-third of the total membership of the Council together with a copy of the proposed resolution shall be delivered to the Deputy Commissioner in accordance with the rules made by the Deputy Commissioner in this behalf and the Deputy Commissioner shall, after giving not less than fifteen days notice thereon, convene for consideration of the resolution a meeting of the Council to be held in the office of the Council on a date not later than thirty days from the date on which the notice was delivered to him and he shall preside over the meeting.
(4) The Chairman of the Council shall be a whole-time functionary and shall be entitled to such salary or allowances as may be fixed by the Administrator.
Every member shall, before taking his seat, make and subscribe at a meeting of the District Council, an oath or affirmation in the prescribed form.
(1) No person shall be a member both of the Legislative Assembly of the Union territory of Manipur and of a District Council and if a person is chosen a member both of the Legislative Assembly and of a District Council, then, at the expiration of fourteen days from the date of publication in the Official Gazette that he has been so chosen, that persons seat in the District Council shall become vacant unless he has previously resigned his seat in the Legislative Assembly.
(2) If a member-
(a) Becomes subject to any of the disqualifications mentioned in section 8; or
(b) Resigns his seat by writing under his hand addressed to the Chairman of the District Council,his seat shall thereupon become vacant.
(3) If during the six successive months a member is, without the permission of the District Council, absent from all meetings thereof, the Council may declare his seat vacant.
(4) If any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the District Judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final.
Subject to the provisions of sub-section (4) of section 23, every member shall be entitled to receive such allowances as may be determined by the Administrator.
Every person shall be liable for the loss, waste or misappropriation of any money or other property belonging to a District Council, if such loss, waste or misappropriation is a direct consequence of his neglect or misconduct while a member of the District Council and a suit for compensation may be instituted against him by the Council with the previous sanction of the Deputy Commissioner or by the Deputy Commissioner with the previous sanction of the Administrator.
Every member shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)
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