Manipur Municipalities Act, 1994
No: 43 Dated: Jul, 08 1994
Manipur Municipalities Act, 1994
(Act No. 43 of 1994)
An Act to provide for constitution and organisation of municipalities in the Urban areas of Manipur and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act, may be called the Manipur Municipalities Act, 1994.
(2) It extends to the whole of the State of Manipur except the Hill Areas to which the Manipur (Hill Areas) District Council Act, 1971 (Manipur Act 76 of 1971) extends or any area which is included in a Cantonment under the Cantonment Act, 1924 (2 of 1924).
(3) It shall be deemed to have come into force on the 24th day of May, 1994.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “Adhyaksha” means an Adhyaksha of a Zilla Parishad elected under the provisions of the Manipur Panchayati Raj Act, 1994 (26 of 1994);
(2) “building” means a house, out house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter;
(3) “bye-law” means a bye-law made under this Act by notification;
(4) “Committee” means a Committee other than a Ward Committee constituted under this Act;
(5) “compound” means land whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;
(6) “conservancy” means the removal and disposal of sewage, offensive matter and rubbish;
(7) “Corporation” means a Municipal Corporation;
(8) “Council” means a Municipal Council;
(9) “Councillor” means a member of a Municipal Council or Nagar Panchayat, as the case may be, elected or appointed under this Act;
(10) “Deputy Commissioner” means the Deputy Commissioner of a district of Manipur having jurisdiction over the Municipality, or any other officer at any time appointed by the Government to perform, in any district or districts the functions of a Deputy Commissioner under this Act;
(11) “Director” means the Director of Municipal Administration, Housing and Urban Development of the Government of Manipur or such other officer as may be appointed by the Government to exercise the functions of the Director of Municipal Administration, Housing and Urban Development of Manipur;
(12) “district” means a district in the State of Manipur;
(13) “District Magistrate” means the District Magistrate and includes the Additional District Magistrate or any such Magistrate as may be appointed in this behalf by the Government, having territorial jurisdiction over the Municipality;
(14) “drain” includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, waste water, rain water or subsoil water;
(15) “Election Commission” means the State Election Commission constituted under section 98 of the Manipur Panchayati Raj Act, 1994 (26 of 1994);
(16) “Executive Officer” means Executive Officer of a municipality appointed under this Act;
(17) “financial year” means the year commencing on the 1st day of April of a year and ending on 31st day of March of the succeeding year;
(18) “food” includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or used in the composition or preparation of human food and also includes confectionery, flavouring and colouring matter, spices and condiments; (19) “Government” means the State Government of Manipur;
(20) “half-year” means a half-year commencing on the 1st day of April or the 1st day of October, or such other date as the State Government may, by notification, appoint;
(21) “holding” means land held under one title or agreement and surrounded by one set of boundaries:
Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling-house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act:
Provided further that where land has been let out to occupants in separate parcels paying rent separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title.
Explanation I.—Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso.
Explanation II.—Any plot of land having clear boundaries and lying entirely vacant, if fit for building purposes or if yielding any income, shall when not appurtenant to any agricultural purposes, be regarded as a “holding”;
(22) “house” means any hut, shop, warehouse, workshop, masonry or framed;
(23) “house-gully” or “service passage” means a passage or strip of land constructed, set apart or utilised, for the purpose of serving as or carrying a drain or affording access to a latrine, privy, urinal, cess-pool or other receptacle of filthy or polluted matter by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air-space above such passage or land;
(24) “ hut” means any building, which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made;
(25) “infectious or contagious disease” means cholera, plague, small-pox, chicken-pox, kala-azar, tuberculosis, diphtheria and typhoid or enteric fever or such other dangerous disease as the Government may notify in this behalf;
(26) “inhabitant” used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;
(27) “joint family” means a family of which the members live together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the case may be, of its members, but shall exclude married daughters and their children;
(28) “land” includes benefits arising out of land, houses and things attached to the earth or permanently fastened to anything attached to the earth and also land covered by water;
(29) “Legislative Assembly” means the Legislative Assembly of Manipur;
(30) “Local Authority” includes District Council, Municipal Council, Nagar Panchayat, Municipal Corporation and Panchayat;