Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994
Year : 1994
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.
Except as otherwise provided in this Act, the municipal administration of a municipality shall vest in the Council or the Nagar Panchayat, as the case may be.
(1) Every Council shall consist of such number of councillors as may be fixed by the State Government from time to time by notification.
(2) Save as provided in sub-section (3), all the seats 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 Council.
(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 Government 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;
(ii) The Executive Officer who shall be the ex officio member.
(iii) 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 that 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.
(3) The Chairperson of the Wards Committee shall be elected by the elected members thereof from among themselves.
(4) The Chairperson shall cease to bold office if he ceases to be a member of 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 the vacancy.
(5) The powers and functions of the Wards Committee and the manner of conduct of business at its meetings shall be such as may be prescribed.
(1) 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-
(i) Such number of seats to the Scheduled Castes and the Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by, direct election to the Municipal Council, as the population of the Scheduled Castes, or as the case may be, of the Scheduled Tribes in that municipality bears to the total. population of that municipality; and such seats may be allotted by rotation to different wards in the municipality;
(ii) 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;
(iii) Not less than one-third (including the number of seats reserved for 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.
Explanation.-In this section the expressions "Scheduled Castes", "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the Constitution of India.
(2) The office of Chairpersons of the municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the State Government may prescribe by notification in this regard.
(3) The reservation of seats under sub-section (1) including the reservation of office of Chairperson (other than the reservation for Women) under sub-section (2) shall cease to have effect on the expiration, of the period specified in article 334 of the Constitution of India.
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.
(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:
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 lie is seeking election.
Explanation.-The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Repre -sentation of the People Act, 1950 (43 of 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 (1) the question shall be referred for the decision of the Election Tribunal in such manner as may be prescribed.
(1) Every person who is elected or appointed as a Councillor of a municipality shall, before entering upon his office under this Act, 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 been elected, or appointed as a Councillor fails to make and subscribe, within three months from the date of the first meeting of the municipality the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his office shah be deemed to have become vacant.
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 Act:
Provided that the period of such appointment shall not exceed six months:
Provided further that an administrator appointed under the provisions of the Manipur Municipalities, Act, 1976 (Manipur Act No. 26 of 1976) on or before the 12th day of October, 1993 shall be deemed to have been validly appointed under that Act and the term of such administrator shall cease to have effect on the commencement of this Act.
(1) Every municipality, unless sooner dissolved under this Act, 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:
Provided that a municipality which is functioning immediately before the commencement of this Act 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 to constitute a municipality shall be completed-
(a) Before the expiry of its duration specified in sub- section (1)
(b) Before the expiration of a period of six months from 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, it 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 the dissolution of a municipality before the expiration of its duration shall continue only for ,he remainder of the period for which the dissolved municipality would have continued under sub-section (1) had it not been so dissolved.
For very Council there shall be a Chairperson and a Vice -Chairperson.
(1) Save as otherwise provided in this Act, the Councillors at the first meeting of the Council 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 rules made in this behalf.
(2) Such election shall take place within twenty-one 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 twenty-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 the purpose of the business mentioned in sub- section (1).
The Councillors shall, either at the meeting mentioned in subsection (1) of section 24 or at subsequent meeting elect one among themselves other than the Chairperson elected under sub-section (1) of section 24 to be the Vice-Chairperson.
When a Councillor who holds the office of Chairperson or the Vice-Chairperson ceases, for any reason whatsoever to be a Councillor, he shall, at the same time, cease to hold office of the Chairperson or the Vice-Chairperson, as the case may be.
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 Act and the person so elected or appointed shall hold office for the unexpired term of his 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.
(1) The Chairperson may resign his office by writing a letter of resignation addressed to the Vice-Chairperson, who shall forthwith deliver the letter to the Executive Officer.
(2) The Vice-Chairperson or a Councillor may resign his office by writing a letter 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 Government.
(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 of the intimation under sub-section (4), the State Government shall notify in the Official Gazette the fact of the resignation and occurrence of casual vacancy consequent thereon.
(1) 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 by a resolution of the municipality passed at a special meeting called for the purpose and supported by a majority of the total number of Councillors of the municipality and by a majority 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) If he has, within the meaning of section 59 knowingly acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or as a partner, any share or interest in any contract or employment with, by or on behalf, of the municipality; or
(e) If he is in arrears of any kind of dues to the municipality for more than six months after a hill or a notice has been duly served on him:
Provided that no Councillor shall be removed under sub-section (1) or sub-section (2) unless he has been given an opportunity of being beard.
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.
(1) 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 Naga- Panchayat or of the Council shall be held in the following manner, namely:-
(i) The meeting shall be convened by the Executive Officer on a requisition signed by not less dun one-fifth of the total number of Councillors constituting the Nagar Panchayat or the Council for the time being;
(ii) 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;
(iii) The Chairperson or the Vice-Chairperson, as the case may be, against whom the resolution referred to in sub- section (1) 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 and 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 (1) shall be effective from the date of its resolution in this regard.
(1) The Nagar Panchayat or the Council, as the case may be, may, from time to time, grant such leave of absence to the Chairperson or the Vice-Chairperson as it may deem 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 he is acting as, or discharging the function 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 Act or by any other law for the time being in force.
It shall be the function of the Chairperson-
(a) To preside, unless prevented by reasonable cause, over all meetings of the Nagar Panchayat 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) 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 Act and rules or bye-laws framed there under;
(c) To exercise supervisory and executive control over acts and duties of all officers and employees of the Nagar Panchayat or the Council, as the case may be, in matters respecting their executive functions and the accounts and records of the Nagar Panchayat or tile 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:
(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 therefor to the Nagar Panchayat or the Council, as the case may be, at its next meeting.
It shall be the function of the Vice-Chairperson-
(a) In the absence of the Chairperson and unless prevented by reasonable cause, to preside over the 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 Chair. person under clause (a) 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.
The Chairperson, the Vice-Chairperson or any other Councillor of a Council may be granted by the Council such remuneration or such allowance as 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.
(1) The State Government as and when it considers expedient may, by notification, entrust-
(a) The municipalities with the function of-
(i) The preparation of plans for economic development and social justice;
(ii) The performance of functions and the implementation of schemes as may be entrusted to including those in relation to the matters listed in the Schedule;
(b) The Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Schedule.
(2) On instrument of functions under 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 duties so entrusted.
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, rubbish, night-soil, odour or any other noxious or offensive matter from privies, latrines, urinals, cess-pools or other common receptacles or such matter in or pertaining to a building or buildings;
(e) Extinguishing fires and protecting life and property when fire occurs;
(f) Regulating 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;
(i) 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;
(l) 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;
(m) Naming streets and numbering houses;
(n) Registering births and deaths;
(o) Suitable accommodation for 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 pounds.
Subject to such reasonable provisions as may he made under section 37 every municipality shall make reasonable provision for the 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 maintaining relief works, in times of famine or scarcity, to or for destitute persons within the limits of the municipality.
A municipality may, at its discretion, provide out of the municipal property and fund, either wholly or partly, for-
(a) Laying out, 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 the maintenance of public parks, gardens, libraries, museums, reading rooms, halls, offices, dharma shalas, rest-houses, encamping grounds and other public buildings and places;
(c) Constructions and maintaining, where necessary suitable sanitary houses for the 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 To such servants for construction of houses subject to the rules made in this behalf;
(e) Planting and maintaining trees in the roadside;
(f) Securing or 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 under the control of the municipality;
(h) The public health and infant welfare;
(i) Contribution towards any public fund raised for the relief of 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;
(k) The organisation or maintenance of shops or stall for the We of necessities of life;
(l) Holding fairs and exhibitions;
(m) Supply of milk;
(n) Establishing labour welfare centers for its employees and subsidizing the activities of any association, union or club of such employees by grant of loan for its general advancement;
(o) Maintenance of ambulance service;
(P) Establishing and maintaining public hospitals and dispensaries and providing public medical service;
(q) Providing facilities for anti frabic treatment and meeting the expenses of indigent person undergoing anti frabic treatment within or outside the municipal limits;
(r) Housing and maintaining destitute, orphans and cripples and maintaining maternity center and child welfare clinics;
(s) Establishing rescue homes;
(t) 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 Act.
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.
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