Indian Bare Acts

Search Alphabatically :

THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994

Year : 1994



CHAPTER XV

MISCELLANEOUS


214.Validity of acts and proceedings.


214.Validity of acts and proceedings.- (1) No act of the Nagar
Panchayat or of the Council or. of any of its committees shall be deemed to be invalid by reason of any vacancy in the membership thereof.

(2) Any proceeding of a meeting of the Nagar Panchayat or of
Council or of any committee thereof shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.


215.Petition for challenging election.


215. Petition for challenging election.- (1) The election of a person to the office of a Councillor shall not be called in question except by a petition to be filed before the Election Tribunal within such time and in such manner as may be prescribed, on the ground that-


(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election; or

(b) that the result of the election has been materially affected-

(i) by the improper acceptance or rejection of any nomination; or



71.(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.

(2) The Election Tribunal constituted under section 103 of the
Manipur Panchayati Raj Act, 1994 (26 of 1994), shall also be the
Election Tribunal for the Purposes of sub-section (1).

(3) The decision of the Election Tribunal shall be final.


216.Power to make rules for election and election petition.


216.Power to make rules for election and election petition.- For the purpose of election of Chairperson, Vice-Chairperson and
Councillor, the Government shall make rules for election and election petition under this Act.


217.Bar of jurisdiction of Civil Courts in election matters.


217.Bar of jurisdiction of Civil Courts in election matters.- (1)
No civil court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act, in connection with the conduct of elections thereunder.

(2) Notwithstanding anything contained in this Act,-


(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under this Act shall not be called in question in any Court;

(b) no election to any municipality shall be called in question except by an election petition presented to Election
Tribunal and in such manner as is provided for by this Act.



218.Election to the Municipalities.


218.Election to the Municipalities.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and conduct, of, all elections to the Municipalities shall be vested in the State Election Commission constituted under section 98 of the
Manipur Panchayati Raj Act, 1994 (26 of 1994).

(2) Subject to the provisions of this Act, election to the
Municipality shall be held in accordance with the rules made by the
Government in this behalf.

(3) The Government shall, when so requested by the State
Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission under this Act.



219.Electoral roll for a municipal area.


219.Electoral roll for a municipal area.- (1) For every municipal area, there shall be an electoral roll showing the names of persons qualifying to vote.

(2) The electoral roll. for every municipal area shall be divided into several parts, one for each ward of a municipal area.

(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the Government in this behalf:



72.Provided that there shall be a preliminary publication of such electoral roll after Preparation or revision to be followed by final publication after hearing of objections in the manner prescribed.

(4) Notwithstanding anything contained in this Act, the electoral roll for the time being in force for the election of Members of the Manipur Legistive Assembly, so far as it relates to the area comprised in the municipal area, may be adopted as the electoral roll for that municipal area for the purposes of preliminary publication.



220.Conditions for registration as a voter.


220.Conditions for registration as a voter.- (1) Every person who--


(a) is not less than 18 years of age on the qualifying date, and

(b) is ordinarily resident in a municipal area,

shall be entitled to be registered in the electoral roll for that municipal area.

(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.

(3) No person shall be entitled to be registered in the electoral roll for any municipal -area if his name has already been registered as a voter in the electoral roll of any other local authority.

Explanation I.-The expression "qualifying date" shall mean such date :as the Government may by notification specify for the purposes of this Act.

Explanation II.-The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950).



221.Power to remove difficulties.


221.Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order do anything not inconsistent with the provisions, thereof which appears, to it to be necessary or expedient for the purpose of removing the difficulty.


222.Overriding effect of the Provisions of the Act.


222.Overriding effect of the Provisions of the Act.- The provisions of this Act, rules and bye-laws, and orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time, being in force or any instrument having effect by virtue of any such law.



223.Mode of proof of municipal record and fee for certified copy.


223.Mode of proof of municipal record and fee for certified copy.-
(1) A copy of any receipt, application, plan, notice, order, entry in, a register or other document in the possession of a Nagar Panchayat of a Council, shall, if duly certified by any person authorised by any bye-law in this behalf, be received as evidence of the existence of any entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.

(2) For the issue of such copies the Nagar Panchayat or as the case may be, the Council may impose such fees as may be fixed by any bye-law in this behalf.



73.
224.Restriction on the summoning of municipal servants to producedocuments.


224.Restriction on the summoning of municipal servants to produce documents.- No municipal officer or servant shall in any legal proceeding to which a Nagar Panchayat or a Council, is not, a party be required to produce any register or document the contents of which can be proved by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for a special cause.


225.Penalty for violating the provision of this Act.


225. Penalty for violating the provision of this Act.- If any person violates any of the provisions of this Act for which a penalty is not already provided under this Act, be shall, be liable to a fine not exceeding rupees five hundred for each day in the case of continuing violation.


226.Public servants.


226.Public servants.- Every Councillor and every officer or servant of the Nagar Panchayat, or the Council and every contractor or agent appointed by it for the collection of any tax or every person employed by such contractor or agent for collection of such tax shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.(45 of 1860).


227.District Planning Commitee.


227. District Planning Commitee.- (1) The District Planning
Committee constituted under section 96 of the Manipur Panchayati
Raj Act. 1994 (26 of 1994). shall also be the District Planning
Committee for the purposes of this Act.


(2) The District Planning Committee shall consist of-


(a) members of House of the People who represent the whole or part of the district;

(b) all the members of the State Legislative Assembly Whose constituencies lie within the district;

(c) Adhyaksha of the Zilla Parishad;

(d) Mayor or the President of the Municipal Corpoaration or the Municipal Council respectively, having, jurisdiction over the head quarters of the District; and

Explanation-For the purposes of this clause, "Mayor or the
President" shall mean the Chairperson of the Municipal
Council or, as the, case may be, of the Municipal
Corporation;

(e) such number of persons not less than; four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner amongst the members of the Zilla Parishad, Nagar Panchayat and
Councillors of the Municipal Corporation and the Municipal
Councils in the district, in. proportion to, the ratio between the population of the rural areas ,and of the, urban areas in th district.

(3) The Chairman of the District Co-operative Banks, and of the
Development Bank shall be permanent invites of the Committee.



74.(4) The Chief Executive Officers shall he the Secretary of the
Committee.

(5) The Deputy Commissioner for the Districts shall be the
Chairman, District Planning Committee.

(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporation in the district and prepare a draft development plan for the district as a whole.

(7) Every District Planning Committee shall in preparing the draft development plan-


(a) have regard to-

(i) the matters of common interest between the Zilla Pari-
shad, Grain Panchayats, Nagar Panchayats, Municipal Corpora-
tion and Municipal Councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,

(ii) the extent and type of available resources whether financial or otherwise;

(b) COnsult such institutions and organizations as the
Government may by order specify.

(8) The Chairman of every District Planning Committee shall for-
ward the development plan, as recommended by such Committee to the
Government.


228.Committee for Metropolitan planning.


228.Committee for Metropolitan planning.- (1) The Governor may by notification notify an area having a population of ten lakh or more comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, to be a
Metropolitan area for the purposes of thih Act.

(2) On such notification the Government shall constitute in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(3) The Government may prescribe by notification with respect to-


(a) the manner in which the seats in such Committee shall be filled:

Provided that not less than two-thirds of the members of such
Committee shall be elected by, and from amongst, the elected members, of the municipalities and Chairpersons of the
Panchayats in the Metro-politan area in proportion to the ratio between the population of the municipalities and of the
Panchayats in that area;

(b) the representation in such Committee of the Government of may be order specify India and the Government ad of such organisation and, institutions as may be deemed necessary for carrying out the functions assigned to such Committee:




75.(c) the functions relating to planning and co-ordination for the Metropolitan area which may be assigned to such
Committee;

(d) the manner in which the Chairperson of such Committee shall be chosen.

(4) Every Metropolitan Planning Committee shall, in preparing the draft development plan-


(a) have regard to--


(i) the plans prepared by the municipalities and the
Panchayats in the Metropolitan area;

(ii) matters of common interest between the municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii)the overall objectives and priorities set by the
Government of India and the Government;

(iv) the extent -and nature of investments likely to be made in the Metropolitan area by agencies of the Government of
India and Government, and other available resources whether financial or otherwise;

(b) consult such institutions and organisations as the
Governor may, by order, specify.

(5) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government.


229.Delegation of powers of State Government.


229.Delegation of powers of State Government.- The State
Government may, by notification delegate to any officer or authority subordinate to it any of the powers conferred on it or on any officer subordinate to it by this Act, other than powers to make rules, to be exercised, subject to such restrictions and conditions -as may be specified La the said notification.


230.

Repeal of Manipur Act 26 of 1976 and saving.


230.Repeal of Manipur Act 26 of 1976 and saving.- (1) On the date of the commencement of this Act, the Manipur Municipalities Act.,
1976 shall be deemed to have been repealed:


Provided that the said repeal shall not affect:


(a) the validity, effect or consequence of anything done or suffered under the said enactment;

(b) any right, title, obligation or liability already acquired, accrued or incurred under the said enactment or any remedy or proceeding in respect thereof;



76.(c) any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege. obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed; and

(e) the operation of the said enactment in relation to areas falling within the Municipal limits of Moreh.


(2) Notwithstanding anything contained in sub-section (1), all municipalities declared, limits defined, regulations and divisions made, all rules and bye-laws, notifications, orders, appointments and assessments made, licences and notices, issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions or sanctions granted, contracts entered into, suits instituted and proceedings taken under the Manipur Municipal Act,
1976(Manipur Act 26 of 1976) in force immediately before the commencement of this Act shall continue to be in force and shall be deemed to have been respectively made, issued, imposed or assessed, passed, approved, granted, entered into, instituted and taken under this Act until new provisions are made or superseded by anything done or any action taken under this Act.


231.Repeal and saving.


231.Repeal and saving.- (1) The Manipur Municipalities Ordinance,
1994 (Ord. 6 of 1994) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.



77.SCHE

(See section 36)


THE SCHEDULE

(See section 36)

1. Urban Planning including Town Planning.

2. Regulation of land use and construction of buildings.

3. Planning for economic and social development.

4. Roads and Bridges.

5. Water supply for domestic, industrial and commercial purposes.

6. Public Health, Sanitation, Conservancy and Solid Waste
Management.

7. Fire Se Services.

8. Urban Forestry, Protection of the Environment and promotion of ecological aspects.

9. Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded.

10. Slum improvement and upgradation.

11. Urban poverty alleviation.

12. Provision, of Urban amenities and facilities, such as-
parks, gardens and playgrounds.

13. Promotion of cultural, educational and aesthetic aspects.

14. Burials and burial-grounds; cremations, cremation-grounds and electric crematoriums.

15. Cattle ponds, prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus stops and public conveniences.

18. Regulation of slaughter houses and tanneries.
 

Last updated on May, 2015

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female