The Manipur Panchayati Raj (Amendment) Act, 1996

Manipur
EXTRAORDE',L?Y
PUBLISHED
BY
AlTTI-iORlTY
No.
277
Imphal,
Friday,
September
20.
1996
(Bhadr::.
29,
1918)
GOVER.i.?:ViENT
OF
t·iA..:.'{IPUR
SECRETARIAT:
LAW
&
LEGISLATI'iE
AFFAIRS
DEPARThlE:"'IT
NOi1..r.CATlON
Imphal,
the
20th
September,
1996
No.
2/23/96-Leg/L.
--
Tac
following
Act
of
the
Legisbu.re,
Manipur
which
received
assent
of
the
Governor
of
Manipur
on
19-9-1996
is
hereby
published
in
the
Manipur
Gazette.
L.
IBOtlCHA
SINGH,
Secrct::i.ry
to
the
Go;-:rnment
of
\·frmipur.
THE
MANIPUR
PA>,Cl:L\
YATl
R,I...J
(AtvlEND?,1E.NT)
ACT,
19%
(
?··./ianipur
/.\;:t
No.
5
of
1996)
to
amend
the
Muni
pur
Panchayati
Raj
/\.er,
jS:9-J
(No.
2U
of
1994)
BE
it
enacted
by
the
Legislature
of
Afonipur
in
the
Fo,,yse1·emh
year
of
the
republic
of
India as
follow.;:·
1.
Short
title
and
-comn1enc?rnent.,
-
(i)
This
Act
may
be
called
the
M:1nipur
P:inchgyati
R,,j
(Amendment)
Act,
1996.
(ii)
It
shall
iY:
deemed
to
come
into
force
with
effect
from
the
17th
d::y
of
Scplcn1.ber,
1996.
2...
_/\
..
mcndment
of
Section
3
...
l\,c
Act),
-
(a)
sub-section
(l)
shall
be
rc-numbcr-::d
J.:;
(1-.-\)
ar.J
the
folL1\vir.g
new
?ub-scctioi:s
"(l-B)
The
State
Govcrnmen,
shall.
b/
r,c,t,fi:::,ion
"'
:he
o(Ti..:;;;l
Gazcuc.
cs,,·,bfohd
a
Gram
Sabha
for
a
viilag_c_
..
c)r
,i
group
of
,ti
Joining
v('.i::gcs
tu\·,ng:
populaticn
of
nu:
le,.,
E:.??D
..
??I:2S,}i1,??-?,???·:·.???----??:··?;;?-th?,n-?rt,h,:?;:·;?:z1?-?u?E?'t"i::;·?·;;];
(;;;i:i1-?si?'n§Lt1cinSJ
large,:
than tVIO
thousand
JS
may
be
ncc.:ss?y
on
cunsit'..:r:,ciun
of
the
loc:ll
s1:1.rnt10ll,
(1-B)
and
(l-C)
shall
be
inserted,
narnclv.
-

(
l /\
uotificauon
under
this section
shal;
specify
the
name
of
the
Cram
S8.b1L?
by
\vhich
it
>:h:dl
he known
and
shall
define
the
limits
of
the
area
within
its
jurisdiction
":
?b)
After
sub-section
(2),
the
following
new
sub-section
(3)
shall
be inserted,
n:imdy,-
''(3) Every
member
of
the
Gram
Sabha
unless
disqualified
under
this
Ac,
or
any
other
law
Ior
the
time
being
in
force,
be
qualified
to
vote
at
the
election
of
the
members
of
a
Gr;lITI
Panchay:u
and
Pradhan
of
the
Gram
Sabha
and
also
at
the
election
of
the
directlv
elected
members
or'
,he:
Zilla
Parishad
constituency
in
the
area
of
which
the
Gram
Sabha
b:s';_
3.
Amendment
of
Section
7.-
After
sub-section
(2)
of Section
7 of the
Act,
the
following proviso
shall
be
inserted.
namely.­
"Provided
that
no
quorum
shall
be
necessary
for
a
meeting
adjourned
for
want
of
quorum.
for
the
second
time."
4.
Amendment
of
Section
17.-
In
Section
17
of
the
Act,
for
the
figure
''350'
',
the
figure
'_'600''
shall
be
substituted.
5.
Amegdment
of
Section
18.-
In
sub-section
(1)
of
Section
18
of
the
Act.-
(a)
For
clause
(1),
the
following
shall
be
substituted,
nam,:-!y,-
''
(i)
Divide
the
area
of
the
Gram
Sabha
into
territorial
constituencies'
'.
(b)
Clause
(ii)
shall be
deleted.
6.
Amendment
of
Section
22.-
In
section
22
of
the
Act,-
(a)
sub-clause
(ii)
of
clause
(b)
of
sub-section
(l)
shall
be
deleted.
(b)
in
sub-section
(2),
the
words
"
or
an
Administrator"
shall
be
deleted;
(c)
in
sub-section
(3),
for
the
words
"cc:l.'.i..::",
the
word
"continue"
shall
be
substituted
and
the
words
"
or
an
Administrator"
and
c
,
or
Administrator,
as
the
case
may
be"
shall
be
deleted;
(d)
in
sub-section
(4),
the
words
"or
Administrator",
"or
the
Administrator"
and
"or
the
Administrator, as
the
case
may
be"
shall
be deleted:
(e)
after
sub-section
(4),
the
following
sub-section
(5)
shall
be
inserted, n::1mdy.­
.
"(5)
Notwithstanding
anything
contained
in
the
Act,
if
the
State
Government
is
::.:llisficd
that
the
first
elections to
Gram
Panchavats
after
the commcncemcm
or
this
Act
c:mnc,t
bc
held,
the
State
Government
may
appoint
Administrative
Committees
to
exercise
the
powers
and
to
perform
the
duties
and
functions
ofzhe
Gram
Panchayais
for
a
period
not
exceeding
six
months.'
·
7.
Amendment
of
Section
25.-
In
Section
25
of
the
Act,-

3
(a)
for
clause
(i),
the
following
shall
be
substituted,
namely,-
"(i)
such
number
of
offices
of Pradhan
of
Gram
Panchayai
in
the
district
for
Scheduled
Castes
and
Scheduled
Tribes
and the
number
of offices
so
reserved
shall
bear
as
nearly
as mav
ix:
the
same
proportion
to
the
total
number
cf
offices
in
the district
as
the
population
of
th?
Scheduled
Castes
or
Scheduled
Tribes
in
the
district
bears
to
L.11e
total
population
of
the
district.";
(b)
in
clause
(ii),
the
words
"and
Up-Pradhan,
as
the
case
may
be",
shall be deleted,
8.
Amendment
of
Section
30.-
For
sub-section
(1)
of
Section
30
of
the
Ac1,
the
following
shall
be substituted,
namely­
"(I) (a)
Every
Pradhan
shall
be deemed to
have
vacated
forthwith
if the
resolution
expressing
want
of
confidence
in
him
is
passed
by
a
majority
of
not
less
than
two-third
of
the
members
of
the
Gram
Sabha
present
and
voting
at
the
meeting
specially
convened
for the
purpose.
The
requisitions
for
such
a
special
meeting
shall be
signed
by
not
less
Lhan
half
of
the
total
number
of
memb
rs
o
1.J1e
Gram
Sabha
then
on
the roll
and
shall
be
delivered
to
the
prescribed
authority
.
•
e
prescribed
authority
s
all,
within
seven
days
from
the
date
of
receipt
of
requisitions,
convene
a
special
meeting
of the
Gram
Sabha.
The
meeting
shall
be
held
by
issuing
ten
clear
days
notice.
The
meeting
shall
be
presided
over
by
the
prescribed
authority
or
an
official
nominated
by
him
for
the
purpose
.•
(b)
Every
Up-Pradhan
shall
be
deemed
to
have
vacated his
office
forthwith
if
a
resolution
expressing
want
of
confidence
in
him
is
passed
by
a
majority
of
not
less
two-third
of
the
members
of the
Gram
Panchayat present
and
voting,
at
a
meeting specially
convened
for
the
purpose.
The
requisitions
of
such
a
special
meeting
shall
be
signed
by
not
less
th211
half
of
the
total
numbers
of
members
of
the
Gram
Panchayat
then
on
the
roll
and
shall
be
delivered to
the&re"scribid)
?thorii)rhe
prescribed
authority
shall,
within
seven days
from
the
date
of
receipt
of
L1'fc
requisition,
convene
a
special
meeting
of
the
Gram
Panchayat,
The
meeting
shall
be
held
by
issuing
seven
days
clear
notice.
The
meeting
shall
be
presided
over
by
an
official
nominated
by
him
for
the
purpose.
(c)
No
motion
of
no
confidence
under
clause
(a)
or
(b)
shall
be
moved
against
the
Pradhan
QJ
the
Up-Pradhan
in
the
initial two
years
of
their
respective
terms.
If
the:
motion
of
oo
confidence
is
once
rejected,
no
fresh
motion
of
no
confi<knce
shall
be
brought
w1t.fon
a
period
of
one
year
from the
date
of
such
rejection
of
the
motion.".
9.
Substitution
of
Section
35.-
For
Section
35,
the
following
shall
be
substituted,
namely,
-
."35.
The
Gram
Panchayat
shall
perform
such
functions
which
may
lie
within
their
competence
and
jurisdiction
to
be
specified
by
L'1c
Government,
in
respect
of
ire
ms
enumerated
in
the
Eleventh
Schedule
of
the
Constitution
ofIndia.
TI1e
functions
specified
by
the
Government
shall be
published
in
the
official
Gazette.".

4
10.
Amendment of
Section
3§
...
In Clause
(2)
of
sub-section
(2)
of
Section
3.S.
of the
Act,
for
the
sentence
11
The
Pradhan
shall be the
ex-officio
member
and
Chairman
of
the
Social
Justice
Committee",
the
sentence
"The
Up-Pradhan
shall
be
the
ex-officio
member and
Chairman
of
the
Social
Justice
Committee"
shall be
substituted.
Li.
Amendment
of
Section
49.-
For the
second
proviso
to
Section
49,
the
following
shall be
substituted,
namely,-
"Provided
further
that all
the
members
of Zilla
Parishad
whether
elected
or not
from territorial
constituencies in
the Zilla
Parishad
area
shall
have the
right
to
vote.
in
the
meeting
.of
the Zilla
Parishad
except
in
the
election
of
Adhyaksha
and
Up-Adhyaksha,
in
the
case
of which
only
the elected
members
shall have
the
right
to
vote."
12.
Amendment
of
Section
50
....
In
Section
50
of
the
Act,-
(a)
in sub-section
(1),
for
the
figure
"15,0CD",
the
figure
"18,000"
shall
be
substituted:
(b)
for
clauses
(a)
and
(b)
of
sub-section
(2),
the
following
shall be
substituted,
nan1cly,-
"(a)
divide
the
area
of
Zilla Parishad
into
territorial
constituencies;
(b)
each
constituency
shall
elect
one
member
by
direct
election
LO
the
Zilla
Parishad".
13. Amendment
cf
Section
52.-
In sub-section
(1)
of Section
52
of
the
Act,
for
the
words "scats
shall bear
",
the
words
"seats
so-reserved shall
bear"
shall be substituted.
For
clause
(a)
and
(b)
of
sub-section
(2)
of Section 54 of the
Act,
the
fellowing
shall be
substituted,
namely,-
"(a)
such
number of
ornces
of
the
Adhvaksha
of Zilla Parishad
in
the
state
for
persons
belonging
to
the Scheduled Castes and
Scheduled
Tribes and
U1c
number
of
offices
so
reserved shall bear
as
nearly
as
may
be,
the
same
proportion
:c,,
the
total
number of
offices
of
Adhyaksha
in
the
Zilla Parishad
as
the
population
of
the
Scheduled
Castes
or
Scheduled
Tribes
in
the
Zilla
Parishad
areas
in
the State bears
to
the
total
population
of
the
Zilla
Parishad
areas
in
the
State;
(b)
not
less
than
one-third
of the
total
number
of offices of
the
Adhyaksna
for
women:".
15. Amendment of Section
57.·
In sub-section
( 4)
of
Section
57
of
the
Act,
for
the
words
"one-fifth",
u.c
words
"one-half'
shall be
substituted.

For Section 61
of
the
Act,
the
following
shall be
substituted,
namely
.-
"61.
The Zilla
Parishad
shall
cerform
such
functions
with such
cowers
and
authority
as
may
be
specified
therein
by
foe
State
Government in
the
official
Gaz;tte
in
respect
of
items
enumerated in
the
Eleventh
Schedule of
the
Constitution of India,".
1'"'
A
_.,
t
R
,;;:
•
6·?
,
.
Amenumen
.v!-
Section
;:::,.-
In
sub-section
(4)
of
Section
65 of
the
Act,
the
word
"not"
shall
be
deleted.
18.
Ame?ent
of
Seetion 76.-
After
sub-section
(2)
of
Section 76 of
the
Act.
the
following
new
sub-section
(2-a)
shall be
inserted
namely,-
"(2-a)
The
Chief
Executive
Officer
shall also
be
the
ex-officio
Secretary
of
the
Zilla
Parishad.".
19. Amendment
o!
Section
%.-
For sub-section
(5)
of
Section So of the
Act,
the
following
shall be
substituted,
namely,-
"(5)
The
Adhyaksha
of the Zilla Parishad shall be
the
Chairman
of
the
District
Planning
Committee.".
20.
Amendment
of Section lC<:.-
In
Section
l.00 of
the
Act,
after
the words
"of
the
Gram
Panchayat",
the words
"or Zilla
Parishad"
shall be
inserted.
Printed
at
the
Directorate
of
Printing
&
Stationery
:
Manipur.
.BO
-
C

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