THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
Title : THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
Year : 1971
Notwithstanding anything to the contrary contained in any other law for the time being in force, a District Council shall have the power to levy all or any of the following taxes within the autonomous district for which the Council is constituted, that is to say-
(a) Taxes on professions, trades, callings and employments;
(b) Taxes on animals, vehicles (other than mechanically propelled vehicles) and boats;
(c) Taxes on entry of goods into a market for sale there in and tolls on passengers and goods carried in ferries;
(d) Taxes for the maintenance of schools, dispensaries or roads; and
(e) Any other tax falling under List II of the Seventh Schedule to the Constitution which the Legislature of the Union territory of Manipur may, by law, empower the District Council to levy.
A District Council may fix and levy-
(a) School fees; and
(b) Fees for the use of, or benefits derived from, any of the works done or services rendered under section 29.
(1) A District Council may resolve at a meeting specially convened for the purpose to propose the imposition of any of the taxes mentioned in section 33.
(2) When a resolution has been passed, the Council shall publish a notice in the Official Gazette and also in the prescribed manner, defining the class of persons or description of property proposed to be taxed, the amount or rate of tax to be imposed and the system of assessment to be adopted.
(3) Any person, directly or indirectly affected by the proposed tax and objecting to it, may, within thirty days from the publication of the notice, send his objections in writing to the Council and the Council shall, at a specially convened meeting, take all such objections into consideration.
(4) If no objection is sent within the said period of thirty days or if the objections received are deemed insufficient, the Council may submit its proposals to the Administrator with the objections, if any, and its decision thereon.
(5) The Administrator may then sanction the proposals or refuse to sanction them or return them to the Council for further consideration.
(6) When the proposal in respect of a tax has been sanctioned, the Administrator shall notify its imposition in the Official Gazette and specify a date not later than three months from the date of notification on which the tax shall come into force.
The Administrator may, by notification in the Official Gazette, and a District Council may with the previous approval of the Administrator by a resolution passed at a meeting specially convened for the purpose, abolish or reduce any tax imposed under section 33.
All arrears of taxes and fees levied under this Act may be recovered under the law for the time being in force for the recovery public dues as if such arrears were public dues.
A District council may, by notification in the Official Gazette, determine the person by whom any tax or fee shall be assessed and collected and make rules for the assessment and collection of such tax or fee and direct in what manner persons employed in the assessment or collection shall be remunerated.
(1) In matters connected with the assessment and collection of any tax or fee levied under this Act, an appeal shall lie from the order of any person authorised to make assessment or collections to such person as the Administrator may appoint or designate for the purpose.
(2) An appeal under sub-section (1) shall be presented within thirty days from the date of the order.
(3) The order passed on the appeal shall be final.
A District Council may, by notification in the Official Gazette and with the previous approval of the Deputy Commissioner, prescribe by what installments and at what times any tax or fee shall be payable.
A District Council may, with the previous approval of the Administrator, by notification in the Official Gazette, remit or reduce any tax or fee or exempt any persons or class of persons or any description of property, wholly or in part, from liability to any tax or fee and cancel any such remission, reduction or exemption.
(1) Save as provided by section 37, all moneys claimable by a District Council may be recovered on an application to a Magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys.
(2) An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council.
(1) All moneys received by or on behalf of a District Council under the provisions of this Act or any other law for the time being in force shall be credited to a fund which shall be called the "Council Fund" and it shall be held by the District Council in trust for the purposes of this Act.
(2) All expenditure of the Council shall be defrayed out of the Council Fund.
(3) The Administrator may make rules for the management of the Council Fund and for the procedure to be followed in respect of payment of money into the said Fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid.
(4) The accounts of a District Council shall be kept in such form as may be prescribed.
(5) The accounts of a District Council shall be audited in such manner as may be prescribed.
Subject to any order of the Administrator, all property of the nature specified below and situated in the autonomous district shall vest in and belong to the District Council for which it is constituted and shall,with all other property which may become vested in the Council, be under its direction, management and control and shall be held and applied for the purposes of this Act-
(a) All public buildings, constructed or maintained out of the Council Fund;
(b) All public roads which have been constructed or are maintained out of the Council Fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads;
(c) All land or other property transferred to the District Council by the Administrator or by gift, sale or otherwise for public purposes.
(1) A District Council shall, on or before a prescribed day in each year submit to the Administrator an estimate of the income and expenditure of the Council for the next financial year in such form as may be prescribed.
(2) The Administrator may, on or before a prescribed day, return the estimate of the Council with or without modifications.
(3) When a budget is returned with modifications under sub-section (2), the Council shall consider the proposed modifications, take a decision thereon and report the same to the Administrator.
(4) The budget estimate finally adopted by the Council shall be the budget of the District Council.
(5) Any subsequent alteration in the budget or re-appropriation or transfer of provision within the estimate shall be made with the approval of the Administrator.
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