The Manipur Municipalities (Tenth Amendment) Act, 2016

MANIPU E Dl!;PARTMENT Manipur which received assent nF-r; .. nu published the Official Gazette . MANlPUR MUNlrlPALITlES (TENTH Al\U;NDMENT) ACT, 1016 6 OF 2016) AN I amend the Man: pur MU1wcru(Jttinn 1994. Shm-tdU.ud ca?l!MttL A??dltlQt of ?-1. • it enacted by .the Legislature of Manipur the Sixty-seventh Year of the Republicof India QS follows:- 1. '( i) .Thjtl Act tnay be caned the Manipur Municipalities (Tenth 16. shall <"'.Oriteinto foree on such date?. the Govemrnient may, by .noti:fieation in the OfflerfalQau:ttc, appoint. 2 .. 'In . section of the Manipur· Municipalities Act, 1994 (h?reinaftcrrerem:cl to a:s the PtlncipglAct),- (a) in eiame (9). for the wol'd!"Municipal Councilor Napr P8n(;hi.yt.r, tho worchJ ··MunfoipaJ QouncU. or Nt4Pf Panchayat MW1k1ipd shall be (b) in. clause (34)? fol'· the words·? ?agar Panchayat or the .Municipal qouncii"". th? words "the: Nagv Panchayat or th? Mw,icipal .Cow1CUor tbe PY1unicipalCorporation" shall be substituted. 1au,r;tioa of new Claaptcr UIA. I•e11?1Uio1i 9( MHici.pal (\t!1>°"'lMlll!l. M ... _..,.1 lldmilld,1,rndo111. 2 ;}. After Chapter llI of tt,e Prmcipa] Act. the fol lowing· new Chapter lllA shall be insert?, namely:• "CHAPTER IIIA. MUNICIPAL CORPORATION 12A. A Municipal Corporation shall be a body corporate by its name, having a perpetual succession and a common with power to acquire, hold and dispose of property and to \ and shall sue and be sued in its name: I2B. Except as otherwise provided in this Act, the municipa:i administration of a Municipal Corporation shaU vest in the Municipal·Corporat.ion. (1) Every Municipal Corporation shall number of Councillora as may be fixed by ·the State from to time by notification. (2) as provided in sub-section (3), ;1i! the be fi llr.e by pc,.·> ,1 ,:. , •. ,_..,..,- .• &wiry MtWdpal Co?ri!l11 hli unaM.•Y°*" ••• O.,uty in the municipal area. (3) 1? State Oovemmen:t may appoint a person having special knowledge I or experience in municipal acrnini-:trotion for ret11ret1ien:tati,on in the Munk:ipal Ccrporario«. Provided iooh person shall not havt:: th>! rigi1t tr, vote in the meetings of the Muni?ipal Cerporarion llD, For every Municipal Corporation, there shall be a Chairperson and a Vice?rperson who shall be known respectively as Mayor and Deputy Mayt)r for the M1.mk;ipal Eltc.u.111 Mayov .. llE.. (I) Save as otherwise provided in thia Act,. the CoonciUors at the first meeting O·f the Munioipa.l Corporation to be called at the inatanco of the ?puty Commissioner after a pneral .election shall elect one of them to be the Mayor in acton:.umoe with rules made in this behalf. electicn shall take p?e within day11 date of notification of the result under section 22; and in the case of vacancy in the office.• of th, Mayor on 8',C;OUflt of any reason other than expiry of the tenn of office of the Mayor, within·? one days fiom the date of the? of the vacancy. (3) The State Government shall. appoint a person to preside over .. 3 the meeting convened for the purpose of the business mentioned in sub-section (I). 12F. 'rhe Councillol'$ shal.1, elect a Deputy Mayor either in the meeting referred to ·.in. sub-section (I) of section 12E. or in· a subsequent n1.eeting but witbin thirty days· from the date of the ficst meeting in sub-section (l) of.section t2E. :llG. Whell a Councillor .who holds the. office of Mayor or the I Deputy Mayor ceases, for any reason whatsoever,. to be a -Counclllor shall. afthe same·dme,,cea?.tohold office of the Mayor. u the case ?y be. (0 Mayor rnay his office by wridnga letter of reslgnatfon fo the DeputyMayor.who shall deliver it within seven days from the · date of its receipt to ·the· Municipal Commis.sioner .. or to the Municipal Commission.er .if ilie office of the Deputy Mayor is vacant (2) The Deputy .Mayoror.aCounciltor.may••resignhis ·office by writing a letter of resignation.•addressed to the Mayor, who shall deliver it within seven days from the date of its receipt to the Municipal Commissioner or?· to the Municipal Commissioner if the office of the Mayor is vaoant. {3} The resignation under sub-section ( l) or sut,..section (2) shall take effect from the d.Ate on which. it ls accepted by .the State Oovem,m,:nt. (4)The Municipal Commissioner shall forthwith intimate the fact of resignation received under sub-section ( t) · or sut,..section (2) to the Municipel Corporation and the St.a,te Oovemment. (S) On receipt of the intimation .under sub--section (4), the State Oovemment shall notify in the. Official .<luette the fact of the resignation and. occurrence of cuual vacancy consequent thereon. 12-1 •.. No Councillor .of .a.Municipal Corporation who has been removed·trombis.offi?undersub .. 6¢Ction(l)orunderclause.(b), (c), (d) or (e) of sub-section (2) of section.29 shall be eligible for election or re .. clection u a Councillor for such period. as may be prescribed. llJ. {l) The State OovemmenCmay remove by .a notificttion in the Official Gr.tette, from office, the Mayor or the Deputy Mayor, in pursuance of a resolution passed by • majority of. the total number of the Councillors and supportod by not less than two­ third of the Councillors present and voting at a meeting specially convened for the purpose under sub-section (2). Eleedo•of Depwty Mayor. Ma,-rorthe l>ep•ty MaY11r eMM:11 to hold offlt* u ••C!h. R•it•••&o• &y M•yer, Dtputy Mayer•ad Cmu1d1Jn. £ffect of rernovtllofa"' Ctu,11:U.r. NCMillll.,_« ....... , Mayor er Dcp1ty Mayor. Notwithstandirtg?nything contained in this Act, where the the Mayor or a one the '"''"'"'.''"'"' to ti'ie requisition for Mayor or Mayor or the Councillor .as the ? m,ay be, ahall preside over Stlch meeting and in eventtta.lity, the DeputyCommissioner of the concerned district sbaU preside over such meeting. i regard. vac&nt en tV"i'dii!I. .... the election a Deputy Mayor, The removal of the Mayor or the sec:tum (J ) shall be from the date in Deputy no confidence against th? Mayor or the DeputyMayor or both, as the case may be, s.baU · be brought before the Municipil Corporation. within a period of one year from the dat<, of such defeat of the motion. ?r,Klioao& 11:i. tiun of ae- Gr•nt oflea'Vt of t!>lUl!t«! U Maytr qr the Deputy Mayor, rna y. frorn time to tirn e, to the Mayor or the f>eput.y Mayor as absence on leave of. ,the Mayor, the Deputy in. th!?:!? ¢fa Deputy Mayor su.ch them to act as ,..,,? .. --- ... the UL. il) grant such it rnav deem . I {2) If t.J.bsent owing tQ period exceeding three months the Municipal Corporation,. he shall cease to be Mayor or the Deputy Mayor, as the case may be, and his offlce stud I become vacant. (4) The Deputy Mayar .Ol' the Counernor shaH, during and in respect of the period in wbi.oh he is acting as, or dis.chargingthe funedon of Mayor or the· Deputy Mayor? as ·th(!··case may'be, exercise the pov.,ers oo.nferred and perform the duties irnposed on a Ms,yor or a Deput)1Mayor by or under this Act or by any other law for the time being in force. lll'\'l. It shaU be the function of the Mayor - Pcmer ai,d fll11tden or (a) to preside, unless preventedby reasonable cause over all Ms:,or. ; meetings of Mtlnieipal Corporation and subject to the provisfoJ'Iof the bye-law for · the time being in (orce, to regulate the conduct of business at such meeting; {b) to watch· over the financial· and executive administration of the Muilicipal Corporation .u,d perform such exec11tive function as may be allotted to him by or under this A'CUmd rules or bye laws .framed there under; to exe.Nise supervi$or)' and executive control ovet; acts and . an offioen and qf .the tJunkip9.I Cotpo111ition,as executive functions and Municipal Corporation; to direct,. in QaSe of or stc,oo,a1e any work or doing of any act which requires the sanction of the Muni<lipal Corporation and the immediate. execution or doing of which is, in his opinion f,or tit, service or safety of the public. and the e.xpenses incurred in the execution of such wort or doing of such act sha.U be paid from Municipal Fund: 1 l ---------·---------- under to the Municipal that.-- act I order the Municipal of any particular work or the doing of shalt report. forthwith and the reasons "'"'""''"''*''''"" at its next,,_,.."""'" (J function of the unlesa prevented by cause, to preside over meea111ZS of the Municipal and he shat!, \1\-'henso ..... ,, ... .,,. .• ..,,. exercise the same as is vested In the Mavor . . this t.,. th• U:! ... ,-,,· ft by the Municipal aHowance as may be Commi$Sfoner for the Officer of the The · MunicipalCommissioner shall be "Nap 1>111ihayator the Municipal Council, as ca$C rnay be. shalt apply mum.tis mt1tandis in the case of the Municipal Cotp0ration. 11 Municipal Corporation may Corporation such remuneration prescribed: Provided that section sbaJi without prejudke.eto paid out of the MunicipalFund, l2P. (I) There · shall be:: no, prescri bed, of Mayor, Ot:pt1t>1 M*)'Mrutd CowlUilion ti a M"11w:i?f Corp<1r::.ti.,.;. (ft\\?_ J>r6YISUIQ ,-c:ai.q .. Napr f"...-.b)'I aad MuiapaJ .:-.-- .... -·' ........ c.,... ...... I I PrincipalAc?ttufollowing Amt11dmnt ,r Sectim 190B Amtadmnt of S.t:tioa 201. Amudment tf Seetlon IOOC. lroersou and the membe-rs of the Board other than cX,-o[ficio of yt..ai:sor until he attains. the the terms llnd cond1tfot1s of 111HfVV,mc1,t1L shaUbe suct1a.? maybe (ii) .?rn:;1111..1?,r (li) As.iembJy - (b) sub?lleetion (l) so .1ubstituted, the following ne_w sub?section (1A) shall be inserted,"'"'"'"""' ''(l A) No appointment of a Chairperson or a member of the Board sh.aU be invalid merely by reason of any vacancy of any Member in Committee referred to in sub?section ( l )." 6. In sub-section (2) of section 208 of the Principal Act. wherever the words •ta Nagm Panchayat or a Council" occur. the words ''a Na.gar Panchayat or a Council or a Municipal Corporation"shall be substituted. ¥ ofthe Act? (a) sub-section (I) shall besubstitutedbythefollowing namely:- '* ) Tho and members of the Board other thau ex-offieio Oowrnor on the recommendation KUMAR SINGH, Addl. Secretary (Law), Oove.rmnent of Mani pur. l Printed at the Directorate of Printing& Stationery,Governmentofl\-tanipur/305·Cll6.-03-20li