The Manipur Municipalities Act, 1994

(1) This Act, may be called the Manipur MunicipalitiesAct, 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 includedin 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.

In this Act, unless the context otherwise requires,-- (1) "Adhyaksha" means an Adhyaksha of a Zilla Parishad elected under the provisions of theManipur Panchayati Raj Act, 1994 (26 of 1994); (2) "building" means a house, out house, stable, latrine, urinal, shed, hut, wall (other than aboundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or othermaterial 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 orthe 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 maybe, elected or appointed under this Act; (10) "Deputy Commissioner" means the Deputy Commissioner of a district of Manipur havingjurisdiction over the Municipality, or any other officer at any time appointed by the Government toperform, in any district or districts the functions of a Deputy Commissioner under this Act; (11) "Director" means the Director of Municipal Administration, Housing and UrbanDevelopment of the Government of Manipur or such other officer as may be appointed by theGovernment to exercise the functions of the Director of Municipal Administration, Housing andUrban Development of Manipur; (12) "district" means a district in the State of Manipur; (13) "District Magistrate" means the District Magistrate and includes the Additional DistrictMagistrate or any such Magistrate as may be appointed in this behalf by the Government, havingterritorial jurisdiction over the Municipality; (14) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, aditch, a channel and any other device for carrying off sullage, sewage, offensive matter, pollutedwater, waste water, rain water or subsoil water; (15) "Election Commission" means the State Election Commission constituted under section 98of 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 on31st day of March of the succeeding year; (18) "food" includes every article used for food or drink by man other than drugs or water, andany article which ordinarily enters into or used in the composition or preparation of human food andalso 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 ofboundaries: Provided that where two or more adjoining holdings form part and parcel of the site or premisesof a dwelling-house, manufactory, warehouse or place of trade or business, such holdings shall bedeemed 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 rentseparately, each such parcel shall be treated as a distinct holding in spite of such parcels of land beingheld under one title. Explanation I.--Holdings separated by a road or other means of communication shall be deemedto be adjoining within the meaning of this proviso. Explanation II.--Any plot of land having clear boundaries and lying entirely vacant, if fit forbuilding 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 orutilised, 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 personsemployed in the cleansing thereof or in the removal of such matter therefrom, and includes theair-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 ofwhatever 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 theGovernment may notify in this behalf; (26) "inhabitant" used with reference to a local area means any person ordinarily residing orcarrying 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 andare descendants from a common ancestor and shall include wives or husbands, as the case may be, ofits members, but shall exclude married daughters and their children; (28) "land" includes benefits arising out of land, houses and things attached to the earth orpermanently 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; (31) "lodging house" means a house in which visitors or other persons are lodged on hire for anight or more; (32) "market" or "bazar" means any place, by whatever name called, where persons assemble forthe sale of meat, fish, fruit, vegetables, live stock or any other article of food or merchandise, declaredand licensed by the municipality as a market; (33) "municipal area" means the territorial area of a municipality as is notified by the Governor; (34) "municipality" means the Nagar Panchayat or the Municipal Council, as the case may be,constituted under the provisions of this Act; (35) "municipal market" means a market belonging to or maintained by the municipality; (36) "notification" means notification in the Official Gazette of Manipur; (37) "nuisance" includes any act, omission, place or thing which causes or is likely to causeinjury, danger, annoyance or offence to the sense or sight, smelling or hearing or disturbance to restor sleep or which is or may be, dangerous to life or injurious to health or property; (38) "occupier" includes-- (a) any person who is paying or is liable to pay to the owner the rent or any portion of the rentof the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of or otherwise using his own land or building; (c) a rent free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner of land or building damages for the use andoccupation of such land or building; (39) "offensive matter" includes animal, carcases, kitchen or stable refuse, dung, dirt, putrid orputrefying substance and filth of any kind which is not included in sewage; (40) "owner" includes-- (a) a person who for the time being is receiving or is entitled to receive, the rent of any landor building or of any part of any land or building whether on his own account or on account ofhimself and others or as an agent, trustee for any person or society or for any religious orcharitable purpose, guardian or as a receiver or who would so receive such rent or be entitled toreceive it if the land, building or part thereof were let to a tenant, and (b) the head of a Government department in respect of properties under their respectivecontrol; (41) "Panchayat" means an institution of self-government at the district or village levelconstituted under the Manipur Panchayati Raj Act, 1994 (26 of 1994); (42) "platform" means any structure which is placed on or covers or projects over, any publicroad or any open drain, sewer or aqueduct; (43) "population" means the population as ascertained at the last preceding census of which therelevant figures have been published; (44) "prescribed" means prescribed by rules made under this Act; (45) "private road" means any street, road, square, court alley or passage which is not a publicroad and includes a pathway made by the owner or premises on his own land to secure access to, orthe convenient use of, such premises; (46) the expression "re-erect" when used with reference to building, includes-- (a) the reconstruction of a building after more than one-half of its cubical extent has beentaken down or burnt down or has fallen down; (b) the conversion of one or more huts or temporary structures into a masonry or framedbuilding; (c) the conversion into place for human habitation of any building not originally constructedfor such habitation; and (d) the extension of a building; (47) "private slaughter house" means a slaughter house which is not a municipal slaughter house; (48) "public place" means a space, not being private property which is open to the use orenjoyment of the public whether such space is vested in a municipality or not; (49) "public road" means any street, road, square, court alley, passage or pathway over which thepublic have a right of way whether a thoroughfare or not, and includes-- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such road, public bridge or causeway; and (c) the drains attached to any such road, public bridge or causeway, and the land, whethercovered or not by any pavement, verandah or other structure, which lies on either side of theroadway up to the boundaries of the adjacent property whether that property is private property orGovernment property; (50) "regulation" means a regulation made by the municipality under this Act, by notification; (51) "rubbish" means ashes, broken brick, mortar, broken glass, dust or refuse of any kind whichis not filth; (52) "rule" means a rule made under this Act; (53) "Scheduled Castes" means such castes, races or tribes or parts of groups within such castes,tribes as are specified to be Scheduled Castes, in relation to the State of Manipur under article 341 ofthe Constitution of India; (54) "Scheduled Tribes" means such tribes or tribal communities or parts of groups within suchtribes or tribal communities as are specified to be Scheduled Tribes in relation to the State of Manipurunder article 342 of the Constitution of India; (55) "sewage" means night-soil and other contents of privies, latrines, urinals, cesspools anddrains, and includes polluted water from sink, bathrooms, stables, cattle-sheds and other like placesand also discharges from manufactories of all kinds; (56) "slaughter house" means any place ordinarily used for the slaughter of animals for thepurpose of selling the flesh thereof for human consumption; (57) "urban areas" means the areas in the State of Manipur which are not rural areas; (58) "vehicle" includes bicycles, tricycles and automotor cars and every wheeled conveyancewhether a carriage, cart, van, dray which is used or capable of being used on a public road; (59) "ward" means a municipal ward constituted under section 18; (60) "water works" includes all tanks, streams, cisterns, springs, pumps, wells, reservoirs,aqueducts, sluices mains, pipes, hydrants, stand pipes and conduits and all lands, buildings,machinery and things used for, or intended for the purpose of, supplying water; (61) "Zilla Parishad" means a Zilla Parishad of a district constituted under the ManipurPanchayati Raj Act, 1994 (26 of 1994).

(1) The Governor shall, by notification, constitute-- (a) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural areato an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Act: Provided that a municipality under this section may not be constituted in such urban area or partthereof as the Governor may, having regard to the size of the area and the municipal services beingprovided or proposed to be provided by an industrial establishment in that area and such other factors as itmay deem fit, by notification, specify to be an industrial township. Explanation.--In this section, "a transitional area", "a smaller urban area" or "a larger urban area"means such areas as the Governor may, having regard to the population of the area, the density of thepopulation therein, the revenue generated for local administration, the percentage of employment in nonagricultural activities, the economic importance or such other factors as it may deem fit, specify bynotification for the purposes of this Act. (2) Notwithstanding anything contained in sub-section (1), any local area, except in Scheduled Area,which was declared as a small town or a municipality under the Manipur Municipalities Act, 1976(Manipur Act 26 of 1976), before the commencement of this Act, shall be deemed to have been declaredas a transitional area or a smaller urban area, as the case may be, for the purpose of this Act. (3) Before issue of notification under sub-section (1) a draft of the notification is to be publishedindicating local limits of the area to be included or excluded from the municipality. (4) Any person who is ordinarily resident of the local area in respect of which the draft notificationhas been published under sub-section (3) may, object to the proposal contained in such notification inwriting to the Deputy Commissioner within forty-five days from the date of publication of the said draftnotification. (5) On receipt of the objection under sub-section (4), the Deputy Commissioner shall withinforty-five days of the receipt of objection forward the same with his comments to the Government for itsconsideration.

(1) When a local area is excluded from amunicipality by a notification under sub-section (1) of section 3, and is included in the other localauthority the Government shall frame a scheme determining what portion of the balance of the municipalfund and all other property vested in that municipality, shall, on such exclusion, vest-- (i) when such area is included within the limits of any other local authority, in such authority; and (ii) in any other case, in the Government and in what manner the liability of the municipality shallbe apportioned between the municipality and such local authority or the Government, as the case maybe, and on the publication of such a scheme in the Official Gazette, such property and liability shallvest and be apportioned accordingly: Provided that before framing of any such scheme, the Government shall consult the municipalityand where the area is included within the limits of any local authority, such authority also. (2) All money due to the municipality, immediately before the date of such exclusion on account oftax, toll, fee, rate or otherwise may in respect of the areas so excluded be recovered by the municipality asif such area has not been excluded.

Every municipality shall cause to be erectedand set up and maintain boundary marks defining the limits of the area subject to its authority as set outby the notification.