LexThe Manipur Municipality Community Participation Act, 2010
Manipur · state statute
Open in Lexace · Ask the AI about this actMANIPUR “000'- GAZETTE :61)“1";9y mama EXTRAORDINARYPUBLISHED BY AUTHORITY No. 304 ' Imphal, Tuesday, September 14, 2010 I (Bhadra 23,1932) . GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS VD'~-EPARTMBNT N I C I' N lmphai, the 14 September, 2010 No.2/29/2010—Leg/L:The following Act of the Legislature, Manipur which received assentofthe Governorof Manipur on 8—9-20] 0 is hereby published in the Manipur Gazette. THE MANIPUR MIJ'NICIPALIT'Y COMMUNITY PARTICIPATION ACT, 2010 (Manipur Act No. -7 of 201 0) . An » ‘” Act . - to institutionalise eitizens’ participation in municipal functions, e.g. setting by setting up of Ward Developmentpriorities, budgeting provisions, etc. Committee and to provide for matters connected therewith or incidental thereto. Be it enacted by the Legislature of Manipurin the Sixty-first Year of the Republic of India as follows: I CHAPTER 1 , \ l . Shert title, extent and commencement, (1) ThisAct may be called the Manipur Municipality Community Participation Act, 2010. (2) it extends to the whoie of the State of Manipur where the Manipur Munieipalities Act, 1994 (No-43 of l 994) extends- (3) It shall come into force on suchdate as the State Government may, by notification in the official Gazette, appoint. 2- Definitions.— In this Act, unless there is anything, repugnant in the subject or context - (a) “Budget year” means the period for which the State Government lays down the annual financial statement; (b) “Chairperson” means the Chairperson of the Ward Development Committee; (0) “Councillor” means the Councillor of the Municipality; (d) “Executive Officer” means the Executive Officer of the Municipality; (e) “member" means the member of the Ward Development Committee; (t) “Municipality” means the Municipality constituted under the Manipur Municipalities Act, 1994 (No. 43 of I 994); (g) “State Election Commission” means the State Election Commission constituted under section 98 of the Manipul- Panehayati Raj Act, 1 994 (No.26 of I994); (11) “Ward" means a municipal ward constituted under section 18 of the Manipur Municipalities Act, 1994; ’ (i) “Ward lnfi‘astrueture Index” means a composite index generated by taking into account the condition of all public infi-astru'cture V elementsIn that Ward; (j) “Ward Development Committee” means'the Ward Development Committee constituted under section 3; (k) the words and expressions used in the Act but not defined herein shall have the- same meanings assigned to them in the Manipur Municipalities Act, I 994. Ward Development Committee Disqualification for being a member of ,Ward Development Committee . 2 - Chapter-n ‘ WARD DEVELOPMENT comma: Constitution and Governance ovaard Development We 3. (1)ThereshallbeaWardDeyelopmeItConlnneefweadIWamina MunicipalitytobemIstimtedbyflIeStaeWWafter theconstitutionofthefluidpaiw. (2)EadIWardDevelopmentCamlteeshalcoIfistof— (a) the Counciiior of the Ward, who shan be the Chairperson of the Ward Development Committee; (5) two persons to be elected from the Ward; (c) two persons representing the civil so‘ciety from the Ward, nominated by the State Government; 0 Explanation. - For the purposes ofthis section, 'civil society' means any non—government organisation or association or persons, established, constituted, or registered under any law for the time being in force and working far social welfare, and includes any community-based organization, professional institution and civic, health, educational, social or cultural body or any trade or ihdustrial organization and such other. association or body as the State Government may decide. (3) A person shall be disqualified to continue as such member, if Under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as a member of a Municipality. ' (4) The Executive Officer she" be entitled to take part in the meetings ‘ and deliberations of the Ward Development Committee. The Chairman of the Ward Development Committee may request the representatives of concerned municipal departments as special invitees to participate in the meetings whenever problems respecting their departments are to be discussed. (5) Any official of the Municipality nominated by the Executive Officer of the Maniclpality shall be the Secretary of the Ward Development Committee. All minutes of the proceedings of the meeting of the Ward Development Committee she" be recorded by the Secretary and copy of \ 'minutes of the proceedings of each meeting shall be forwarded by him to the Municipality. . (6) The term of office of the Ward Development Committee shall be cc— extensive with the duration of the Municipality. ‘ 4.(1) A person shail be disqualified for being chosen as, and for being a member of the Ward Development Committee .if he is so disqualified fer the purpoSe of election to the Municipality: Provided that no person shall be disqualified on the ground that he dis less than twenty five years of age, if he has attained the age of eighteen years. 6. Election 0f member of Ward Development Committee Term (of office We! IteWu'd Wt Cum 0-3- (2) If any question arises _.as to whether a person 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 manneras may be prescribed. . ' 5. (1) Election to the office of the membets of the Ward Development Committee shall be held In accordance with the rules made by the State Government in this behalf. The electiOns to the office of the members of the Ward Development Committee shall be held simultaneously with the election to the Municipality. , , .» _ , . (2) The election to the office of the Ward Development Committee shaii be conducted under the aegis of the State Election Commission. V . _ - 6. , The member of the Ward DevelopmentCommittee shall ordinarily hold office for a duration that is co-terminus with that of the Municipality concerned: Provided that no person shall continue to hold office as a member of the Ward Development Committee if, at any time during his tenure, he incurs any of the disqualifications prescribed by or under any law for the time being in force for the purpose ofelections to the Legislature of the State concerned: Provided further that no person shall be entitled, or continue to be entitled, to hold office as a member of the Ward - Development Committee of the ward in which he is not ordinarily resident. , Chapter-III, V, \ . Rights end Dutiesof Ward DeVelepment Committee 7. The Ward Development COmmittee shall dischargethe foiiowing functions, namely: -- . (a) to provide assistance in solid waste management in the Ward; (b) to supervise of sanitation work'In the Ward; (c) to provide assistance for the preparation and encouragement of the development scheme for the Ward; (d) to encourage harmony and unity among various groups of . people in the Ward; " (e) to mobilize voluntary labour and donation by way of goods or ' money for social welfare programs; ‘ (f) to provide assistance in the implementation of deVelopment schemes relating to the Ward; 7 (g) to provide assistance for identificaticm of beneficiaries for the implementation of development and welfare schemes; (h) to encourage art and cuiturel activities and activities of sports and games; . -4- (i) to ensure peeple's participation in' the voluntary activities necessary for successful Implementation of the deveiopmentai ‘ activities of the Municipality; (j) to assist-in the timely coliection bf taxes, fees and other sums due to the Municipality; ‘ - . _ (k) to ensure maintenance of. parks In the Ward; (I) to ensure maintenance of street lighting in the Wartl;r (m) to perform such other functions as may be assigned to it by the Municipality. . " ‘ imam, am“ 8. (1) The Chairperson and the members of the Ward DeVelopment Ward Committee shall have the right to seek information'from the Executive Dévdoitlgcnt Officer regarding any matter relating to the Ward. onum cc ’ (2) Every Ward Development Committee shall have the right to:- (a) obtain full information about Municipal Plans; -(b) obtain the ~ full Municipal Budget, within such time as may be reasc‘mable, to verify, seek clarifications and suggest changes that need to be incorporated; (c) obtain the requisite financial and administrative support from _ the Municipality in managing Bank aacounts; (d) be consulted in the developmhnt of land use and zoning regulations within its jurisdiction; ' (e) obtain full details on all revenue items including taxes and budgetary allocations which should be preSented in a simplified manner which is manageable by the Ward Develo pment’ Committee; (f) retain up to 50% of the Ward Revenues. for local development, until a predefined minimum level ‘ of Ward Intrastructure Index,.which shall be notlfied by" the State Government, has been created in the [Ward ; ' (9) have a proportionate claim on Municipal Development expenditures, based on the Ward Infrastructure Index of that Ward compared to the other Wards in the Municipality. mm“ of the 9. Every Ward Development Committee shaii have the duty to: Ward _ (i) produce the Ward Pians in a manner consistent with the D3,;“:;:“ '7 Municipai Pians within the time specified 'by the State Government; (ii) prepare the Ward Budget iniaccordance with the Ward Plans and compiete this exercise within the time specified by the - Municipality; (iii) encourage 'iocal-level'aitematives for implementation in all the areas that the Ward Development Committee has ' responsibility for; Acliviiu ofthe Ward Develop-ent Co-mittee -5- (iv) ensure Optimal collection" of ail revenue sources; (v) map the Ward Infrastructure Index for that Ward. _ Chapter-IV Activities of theWard Development Committee 10. The activities of the Ward Development Committee are as follows: (a) Preparation ofa Calendar At the first meeting of the Ward Development Committee for eaeh budget year,-_ the ' Ward Development Committee shail'decide upon specific obligatory agenda for each of the monthly meetings of the Ward Development Committee, remaining in that calendar year, in addition to the specific obligatory agendafor the first meeting of the following budget year. ' . Nothing in sub-section (a) shall prevent: (1) the cenvenor of a ward Development Committee from adding additional agendafor any meeting of the Ward Development Committee; (2) any other member of. the ward Development Committee may, at a meeting of the Ward Development Committee, move a resolution to .add to the specific obligatory agenda decided upon for the meeting in question or. apy subsequent meeting. (b)Preparati'on and compilation 'of plans: EThe Ward ' Development committee shall prepare the Annual Ward Plan and forward the same to the ‘ concerned Munitipaiity for its integration with the Annual Municipal Pian. (c) Preparation of Ward budget: (1) A Ward level budget calendar shall be prepared annually in accordance with Schedule appended to this Act. The Ward Development Committee shall ensure that the budget calendar is strictly adhered to and prepare the budget for their Ward six weeks before the Municipal Budget. The Municipality may 509913511 Changes that may be effected, into the Ward level . Budget - alter dis'cussion with ‘ the Ward Development Committee. ' ‘ (2)The Municipality Budget shall - ‘1 (i) aggregate all the Ward Budgets which have been prepared in accordance with sub-section (1) 01? this section; (ii) have additional account heads for specific receipts and] expenditures at the Municipality level. (:0 Maintenance of Accounts: (1) ConStitution of the Ward Finance Committee- A committee of three persons shall be constituted in every Ward as the Ward Finance Committee. L-6- (i) The constitution of the Ward Finance Committee shall be through nomination held within one month of the constitution of " ‘ the Ward Development Committee. The Chairperson shall nominate the Ward Finance Committee members. (ii) The Ward Finance Committee shall also appoint from amongst themselves, one person as the Chairperson, who shali be the authorized signatoryfor maintenance and useof _ accounts. W (2) Functions and Duties of the ward Finance Committee- (i) The Ward Finance Committee shall ptepare the annual budget for the Ward and place .it before the meeting of the Ward , Development Committee which will deliberate upon, and approve the budget. The approved Budget shall be presented by the Ward Finance Committee to the Municipality within seven months from the ciosure of the previous financial year. (ii) The Ward Finance Cornmittee shaii also maintain Ward-ievei bank accounts for ail the receipts and expenditure activities of the Ward. (iii) The Ward FInance Committee shall ensure that all fund transfers ' shaii be made out of this account to appropriate account heads of the Municipality. (iv) The Ward Fnanoe Committee shall present accounts every three months at the meeting of the Ward Development Committee (v) The Ward Finance Committee shall prepare a quarterly report of. the financial transactions of_ the Ward Development Committee, which shall include details of its receipts and expenditures and also its projections and' suggestions for the next quarter. This report shall be made avaiiabie to every 'member of the Ward Development Committee one week before the date fixed for meeting of the Ward Development Committee for discussion of the report. (vi) The Lrepbrt of the Ward Finance committee shall be made available for public scrutiny. (e) Supervisory Mechanism: (1) TheMunicipality shall take up the responeibiiity of providing administIative and infrasbucture support to the Ward Deveiopment Committee for iis preper functioning. (2)The ward Development Committee shaii create mechanisms for checks and balances over the Government personnel in their Ward. The Ward Development Committees shall hate the power to recommend to the competent authority ior imposition of penalties in respect of a Government employee for miscondLIct and negligence of duties.- -7, (0 Ward Development: There shall be a Ward information and Statistics Committee which shall be formed for various developmental and planning) works. The constitution and functions of the Committee are given below:- L (1)Constitutlon of the Ward Information and Statistics Committee: . (i) A committee of three persons shall be constitutee lg) every Ward as the Ward Information and Statistics Committee. . (ii) The constitution of the Ward. Information and Statistics Committee shall be through nominations by the Chairperson held within one month of the constitution of the Ward Development_Committee: Provided that members of the Ward Finance Committee shall not be members of the Ward Information and Statistics Committee: Provided further that the members of the . Ward Information and Statistics Committee shall also appoint from amongst themselves, one person as the presiding membeI' who will preside over the meetings of the Ward Information and Statistics Committee. (2) Duties of the Ward Information and Statistics Committee: (i) It shall be the duty of the'Ward Infbnnatlon arid Statistics Committee to compile, maintain and Update annually thefollowing information about the Ward in” the format prescribed by the concerned Municipality for this purpose. Such informmlon shall include: . L - . (A) Economic Information: including the number and nature" 'of commercial estab’iiShments in the Ward and employment data in' these establishments; (5) Information _ Lreiating to Land Use: includes the changes in patterns of land use, data relating public spaces and civic amenity sites, traffic patterns and public transportation hubs and presewation and restoration of envifonment, natural resources and heritage sites. . (LC) Infrastructure Index including the extent of infrastructural deveiOpine'nt, current and pending projects, and the infrastructural nequlrements or the Ward. ' . (II) The renoit prepared in‘ accordance with sub-clause (B) of clause (0(2) Shall be used by the Ward Development Committee in determining and enforcing the Zoning provisions. It shall be made available on a quarterly basis to the meetings of the Ward Development Committee, reflecting changes since the. presentation of .the previous report. -8- (iii) The report prepared in accordance with sub—ciause (C) of clause (0(2) above shall be used by the Ward Development Committeein allocation of development Texpencliture by the-ward Finance Committee. it shall be made availablebn _a 'qliarterly basis to the meetings of the Ward Development Committee‘ reflecting changes since the pr'esentation of the previous report. (iv) Spatial Planning: Thé‘ Ward Development Committee"'shall: (A) participate in all development plans of the city (B) enforce zoning and land use regulations; (C) participate in the creation and enforcement of new instruments like transferable development rights, l.etc (9) Comprehensive intervention for urban poor actiVltles: The Ward Deveiopment Committee shall be responsible for: (i) integrating all existing activities undertaken by the State Government; (ll) preparing and maintaining beneficiary list for all the ‘ programmes and schemes undertaken by the State Government in co-ordlnation with the relevant Government agencies; (iii) preparing a report onthe housing and pubiic distribution system in each Ward. ; :(h) Ensure Universal access for solected public services: The Ward Development Committee shall be responsible in ensuring universal access in selected public services like education, health care, water supply and sanitation. (i) Alternative Options; , L _ Without prejudice to the generality of the foregoing provision, (a) The Ward Development Committee shall be responsible for decentralized management of the following functions: ' (i) primary collection of Solid Waste Management and decentralized; management of solid waste; (ii) desilting of drains; _ (iii) maintenance Lof street-lights; (Iv); maintenance of paints; (v) deweedingof paths; (vi) road works including construction maintenance and restoration ti-Iereof; and (vii) general beautifitation of the locality. (in) the Ward Development Committee shall be specifically empowered to examine Various alternative implementation Options in the above mentioned areas; Agenda Wuof Ward Budget iM-reforL : C-d-cd-g ; Ward 5 Want C-nutee ,3 1, .9- (c) the proposal with‘r'espect to the alternative implementation' option by the lotialL communities shall. be submitted to theWard Development Committee and shall be taken up ‘4 fardiscussion at the next meeting of the Ward DevelopmentCommittee. , ~ ' I - ' Chapter-VI ' _ Functioning of Ward Myelopment Committee ‘,. , y Committee to conduct the Ward Development Committee meetingfor discussion of._ the.) following matters:- (i) Preparation of Ward Plan; " (il) Preparation of Ward Budgeff (iii) Preparation of *Ward maps, Ward 5 Infrastructure Indexand other alternate functions; ” .11; It shall be the duty of the Chairperson of theLWard Development 12. The Chairperson shall set the agenda foreach Ward DevelopmentCommittee meeting. L . - , 13. To facilitate the proper preparation of the ' budget; a WardDevelopment Committee meeting shall compulsorily be held atleast.4 three weeks before the preparation-of the Ward Budget. All [reportspresented by-the ward Finance Committee iorthe past year shall bediscussed, 14' F°"L‘L’Wing precedpte Shall be fO'IOWéd While conducting'iLmeLetings ofthe Ward Development Committee: . ~> , (i) Reasonable noticeof the Ward Development Committee meetingsshould be given at least one week ing'Ladyance,_Land placed in theL notice boards of ailimunicipality offices in the Ward. . (ii)’All residents of the Ward shall be entitled tot patticipate inthe Ward Develbpment Committee meetings. Themedla will beeneouraged to activeiy'partldpate in the proceedings. (iii) Minutes of the WardDeveiopment Committee meetings shall bemaintained. These minutes shall be made available to. thegeneral public for perusal. They shall be kept at the office of theWard Development Committee. L (iv) These minutes shall be presented at the next meeting ofthe Ward Development'Committee and this information shallbe made' use of by the appropriate sub—‘Committees in theirfunctions. ‘ - . -. (v) Grievances: Grievances fer not holding or improperly conductingWard Deveiopment Committees shall be addressed to theChairperson of the Ward Deveiopment Committee. The Chairpersonshall take appropriate action, including penalty to the WardDevelopment Committee member after giving adequate netice inwriting and reasonable opportunity to ,be heard to the member: L-10- Provided ,that,‘ if the Chairperson deems it necessary toimpose a fine or other such'penalty, the decision shall come into.force only .upon it being approved by a majority vote at th meeting of the Watd Development Committee: . Provided fu'rther'that the power to impose penalty shall not L' extend to the dismissal of the concerned Ward Development» COmmlttee member. . _ , 15.(1) The State Govemment may, by notification in the' officiai Gazette, .- Power to make 9m“ make rules to carry out the purposes of this Act. . (2) In particular and without dl’ejudice‘ to the generality of the foregoing power, such rules may provide for. all or any of the following matters, namely:- L (a) Procedure for election of the Ward Development Committee;- (b) _ Convening and conducting the meetings of the Ward Development Committee; - a I . _ (c) PreparatianIlIand compilation of development plans for the'' I Ward; . _ . (d) Preparation "of annual budget of theWard; (e) Maintenance of Accounts; and (0 Any other matter which has to be, or may be prescribed. (3) Every rules made under this Act shall beh‘iaid as soon as may be,after it is made, before the Legislative Assembly, Manipur, ,while' it is; insession for a total period of fourteen days which may be comprised of inone session or in two or more successive sessions, and if, before theexpiry of the session immediately following the successive ' sessions "aforesaid, the House agrees in making; modification in the rules or thatthe rulesshouid not be made, the rules shaii thereafter have effect only In such modified form, or be of no effect, as the case may be, so however, that any such modification or annulment shall be without . prejudice to the validity of anything previously done under that rules. L - 11 - scnebute ‘ [See section 1902) (1)] PRIMARY Mouth . SECONDARY ..ACTIVITY ACTIVITY April Area Plan L,; - May Ward Plan ' June Ward Plan July Area Bugget LAugust L AreaBuglggt September Ward Budget _ October Ward Budget November L Municipalities. Budget December L Municipalities Budggt‘LLL January ' Works Review February WorksReview March Works Review _ is. TH. KAMINI KUMAR SINGH, Deputy Secretary (Law), Govemment ofManipur. v i MameDirectorate of Printing & Stationery, Government of Manipur/305-C/l4-9—2010.