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The Manipur Municipalities (Tenth Amendment) Act, 2016

Manipur · state statute
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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
Republic
of
India
QS
follows:-
1.
'(
i)
.Thjtl
Act
tnay
be
caned the
Manipur
Municipalities
(Tenth
16.
shall
<"'.Orite
into
foree
on
such
date?.
the
Govemrnient
may,
by
.noti:fieation
in
the
Offlerfal Qau:ttc,
appoint.
2
..
'In
.
section of the
Manipur
·
Municipalities
Act,
1994
(h?reinaftcr
rerem:cl
to
a:s
the
Ptlncipgl
Act),-
(a)
in eiame
(9).
for the
wol'd!
"Municipal
Council
or
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
.Cow1CU
or
tbe
PY1unicipal Corporation"
shall
be
substituted.

1
au,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
wridng
a
letter of
reslgnatfon
fo
the
Deputy
Mayor.
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
.Mayor
or.a
Counciltor.may••resign
his ·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)orunder
clause.(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 OovemmenC
may
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
Deputy
Commissioner
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
Deputy
Mayor 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.charging
the
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)1
Mayor
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
prevented
by
reasonable
cause
over
all
Ms:,or.
;
meetings
of
Mtlnieipal
Corporation
and
subject
to
the
provisfoJ'I
of
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\-'hen
so
.....
,,
...
.,,.
.•
..,,.
exercise
the
same
as
is
vested
In
the
Mavor
.
.
this
t.,.
th•
U:!
...
,-,,·
ft
by
the
Municipal
aHowance
as
may
be
Commi$Sfoner
for
the
Officer
of
the
The
·
Municipal
Commissioner
shall
be
"Nap
1>111ihayat
or
the
Municipal
Council,
as
ca$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.e
to
paid
out of
the
Municipal
Fund,
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,Governmentof
l\-tanipur/305·Cll6.-03-20
li

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