THE MANIPUR MUNICIPALITIES ACT, 1994 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

CONSTITUTION OF MUNICIPALITIES 

3.  Constitution of municipalities. 
4.  Effect of exclusion of local area from municipality. 
5.  Election and maintenance of boundary marks. 

CHAPTER III 

NAGAR PANCHAYAT 

6.  Incorporation of Nagar Panchayat. 
7.  Composition of Nagar Panchayat. 
8.  Application of certain provisions relating to Council in case of Nagar Panchayat. 
9.  Chairperson and Vice-Chairperson of Nagar Panchayat. 
10.  Election of Chairperson and Vice-Chairpersons. 
11.  Resignation by Chairperson, Vice Chairperson and Councillor. 
12.  Remuneration to Chairperson and Vice-Chairperson. 

CHAPTER IV 

MUNICIPAL COUNCIL 

13.  Incorporation of Municipal Council. 
14.  Municipal administration. 
15.  Composition of Council. 
16.  Constitution and composition of Wards Committees. 
17.  Reservation of seats. 
18.  Allocation of reserved seats and delimitation of wards. 
19.  Disqualifications for membership. 
20.  Oath of office. 
21.  Appointment of administrator. 
22.  Duration of municipalities, etc. 
23.  Every Council to have Chairperson and a Vice-Chairperson. 
24.  Election of Chairperson. 
25.  Election of Vice-Chairperson. 
26.  Chairperson and Vice-Chairperson cease to hold office as such. 
27.  Filling up of vacancies and term of office of persons filling up the vacancy. 

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SECTIONS 

28.  Resignation by Chairperson, Vice-Chairperson and Councillor. 
29.  Removal of Councillors. 
30.  Effect of removal of a Councillor. 
31.  No-confidence motion against Chairperson or Vice-Chairperson. 
32.  Grant of leave of absence to Chairperson or Vice-Chairperson. 
33.  Powers and functions of the Chairperson. 
34.  Function of Vice-Chairperson. 
35.  Remuneration of Chairperson and Vice-Chairperson. 
36.  Powers, authority and responsibilities of municipalities. 
37.  Obligatory functions of the municipality. 
38.  Special duties of municipalities. 
39.  Discretionary functions of municipality. 
40.  Management of public institution by municipality to vest in it. 

CHAPTER V 

ESTABLISHMENT 

41.  Appointment of Executive Officers. 
42.  Main functions of the Executive Officer. 
43.  Appointment of Health Officer, Revenue Officer and Engineer. 
44.  Power of Nagar Panchayat and Council to determine strength of its employees. 
45.  Power of Nagar Panchayat and Council to appoint its officers and employees. 
46.  Disciplinary action against employees of Nagar Panchayat and Council and conditions of their 

services, etc. 

47.  Gratuity and pension. 
48.  Power to make rules. 

CHAPTER VI 

CONDUCT OF BUSINESS 

49.  Meeting of a Nagar Panchayat or of a Council. 
50.  Chairperson of meeting. 
51.  Manner of deciding questions. 
52.  Adjournment of meeting in the absence of quorum. 
53.  Minutes of proceedings. 
54.  Modification and cancellation of resolution. 
55.  Right of Government Officers to attend, address and take part in the meeting of the Nagar 

Panchayat or of the Council. 
56.  Appointment of Committees. 
57.  Chairperson of Committee. 
58.  Liability for loss, waste or misapplication of funds and property. 
59.  Disqualifications of Councillors having share or interest in contract. 
60.  Penalty in case Councillors, executive officer, etc., having interest in a contract, etc., with the 

Nagar Panchayat or Council. 
61.  Disqualification from voting. 

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CHAPTER VII 

MUNICIPAL PROPERTY, FINANCE AND CONTRACTS 

SECTIONS 

62.  Municipal property and vesting thereof. 
63.  Transfer of municipal property. 
64.  Execution of contracts. 
65.  Transfer of private roads, etc., to Nagar Panchayat or Council. 
66.  Acquisition of land. 
67.  Formation and custody for municipal fund. 
68.  Credit of moneys to the municipal fund. 
69.  Powers of the Nagar Panchayat or of the Council to borrow money. 
70.  Application of municipal property and fund. 
71.  Budget. 
72.  Accounts and audit. 
73.  Finance Commission for municipalities. 

CHAPTER VIII 

MUNICIPAL TAXATION 

74.  Power to impose taxes by and the funds of the municipalities. 
75.  Taxes which may be imposed. 
76.  Tax on Government holdings. 
77.  Restriction regarding tax on holding. 
78.  Collection of taxes are subject to bye-law, etc. 
79.  Nagar Panchayat or Council to determine the valuation of holding. 
80.  Returns required for ascertaining annual value. 
81.  Penalty for default in furnishing return and for obstruction of assessor. 
82.  Determination of annual value of holdings. 
83.  Determination of rate of tax on holding. 
84.  Preparation of assessment register. 
85.  Powers to assess consolidated tax for building and land on which it stands. 
86.  Reduction of valuation, revision of valuation and assessment and revision of valuation list and 

assessment register. 

87.  Notice to be given to Chairperson of transfers of title of persons liable of payment of tax. 
88.  Revisions of valuation list. 
89.  Appointment of assessor and power of State Government to direct the appointment of assessor. 
90.  Revision of assessment register. 
91.  Effect of revision of assessment register. 
92.  Exemptions and remission. 
93.  Power of assessor. 
94.  Publication of notice of assessment. 
95.  Application for review. 
96.  Procedure for review. 
97.  Limitation of time for application for review. 
98.  Assessment to be questioned only under Act. 
99.  Tax not invalid for want of form. 
100. Procedure for imposing taxes, recovery of claims, etc. 

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CHAPTER IX 

RECOVERY OF MUNICIPAL CLAIMS 

SECTIONS 

101. Recovery from occupier of tax due from non-resident. 
102. Recovery from owner of occupier’s tax in certain cases. 
103. Recovery by owner of occupier’s tax paid by owner. 
104. Method of recovery by owner. 
105. Penalty. 
106. Municipality may compound with livery stable keepers. 
107. Rents, tolls and fees in respect of markets. 
108. Recovery of taxes as arrears of land revenue. 
109. Power to sell unclaimed holdings for money due. 
110. Writing off irrecoverable sums due to the Nagar Panchayat or to the Council. 

CHAPTER X 

MUNICIPAL POWER AND OFFENCES 

Powers in respect of road 

111. Power to make roads. 
112. Power to repair, etc., of private road, drains, etc. 
113. Prohibition of use of public roads by a class of animals, carts or vehicles. 
114. Penalty for encroachment on public roads, etc. 
115. Use of public road or place by vendors and other person and penalty thereof. 
116. Power to remove obstructions, encroachments and projections in or on public road, etc. 
117. Procedure when person who erected obstruction cannot be found. 
118. Projections from buildings to be removed. 
119. Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment 

summarily on requisition by the Government. 

120. Effect of order made under section 116, 117, 118 or 119. 
121. Nagar Panchayat or Council may require land holders to trim hedges, etc. 
122. Penalty for disobeying requisition under section 116, 117, 118 or 119. 
123. Names of public roads and number of buildings. 

Building 

124. Erection of building without sanction. 
125. Special provision for cases where bye-laws have not been made. 
126. Powers of Nagar Panchayat or the Council to sanction or refuse. 
127. Lapse of sanction. 
128. Penalty for building without or in contravention of sanction. 
129. Power of a Nagar Panchayat or a Council in case of disobedience. 
130. Roofs and external walls not to be made of inflammable materials. 
131. Power to attach brackets for lamps. 
132. Building unfit for human habitation. 
133. Pending of building in dangerous state. 
134. Nagar Panchayat or Council may require owners to pull down ruins. 
135. Penalty for disobeying requisition under sections 133 and 134. 
136. Compensation for prohibition of erection or re-erection. 

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SECTIONS 

Powers connected with drains 

137. Power to require owners to clear noxious vegetation. 
138. Power to require owners to improve bad drainage. 
139. Power to require unwholesome tanks or private premises to be cleansed or drained. 
140. Wells, tanks, etc., to be secured. 
141. Penalty for disobeying requisition under sections 137, 138, 139 and 140. 
142. Power of Government to prohibit cultivation, use of manure, or irrigation injurious to health. 
143. Public latrines and urinals. 
144. Power to demolish unauthorised drains leading into public. 
145. Penalty for allowing water of any sewer, etc., to run on any public road. 
146. Power to require owner to drain land. 
147. Penalty for disobeying requisition under section 146. 

Scavenging and cleaning 

148. Establishment for removal of sewage, offensive matter and rubbish. 
149. Sewerage scheme. 
150. Removal of sewage, offensive material, rubbish. 
151. Penalty for placing rubbish on public road. 
152. Penalty on occupier for not removing filth, etc. 
153. Penalty for throwing offensive matter on public roads, etc. 
154. Power of servants of the Nagar Panchayat or of the Council. 

Water supply and drainage system 

155. Supply of drinking water. 
156. Removal of latrines, etc., near any source of water supply. 
157. Owner or occupier to take steps to prevent spread of infectious disease. 
158. Unauthorised construction or tree over drain or water-works. 

Burial and burning ground for disposal of corpses 

159. Powers in respect of burial and burning places. 
160. Burial of paupers and unclaimed dead bodies. 
161. Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased. 

CHAPTER XI 

OTHER POWERS AND PENALTIES 

Markets and slaughter houses 

162. Establishment of markets. 
163. Power to remove persons from municipal market. 
164. Places for slaughter of animals for sale. 
165. Inspection before and after slaughter. 
166. Licencing of butcher. 

Nuisances from certain trades, professions, etc. 

167. Regulation of offensive trades. 
168. Certain offensive and dangerous trades not to be established within the limits to be fixed by the 

municipality without licence. 

169. Cinemas, dramatic performances, circuses, etc. 

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SECTIONS 

170. Cancellation, revocation, etc., of licences. 
171. Publication of order of refusal, suspension of licences. 
172. Power to close market, tea-stall, etc. 

Infectious or contagious diseases 

173. Penalty for failure to give information of cholera. 
174. Disinfection of building and articles. 
175. Penalty for letting infected house. 
176. Power of entry for purpose of preventing spread of disease. 
177. Removal to hospital of patients suffering from infectious disease. 

Park, playground and open space 

178. Municipality to provide places for recreation. 
179. Function and powers in regard to pounds. 

CHAPTER XII 

PROCEDURE 

180. Service of notice. 
181. Reasonable time for act to be fixed. 
182. Service of notice on owner or occupier of land. 
183. Procedure when owners or occupiers are required by Nagar Panchayat or the Council to execute 

works. 

184. Person required to execute any work may prefer objection to the municipality. 
185. Procedure if person objecting alleges that work will cost more than three thousand rupees.  
186. Chairperson, Vice-Chairperson to make order after hearing objection. 
187. Power of municipality on failure of persons to execute works. 
188. Power to apportion expenses among owners and occupiers. 
189. Apportionment among owners and occupiers. 
190. Occupiers may recover cost of works executed at their expenses from owners. 
191. Power to enter upon, possession of houses so repaired. 
192. Sale of materials of houses pulled down. 
193. Cognizance. 
194. Offences under the Act compoundable. 
195. Power and duties of police in respect of offences. 
196. Appeals from order refusing licences. 
197. Appeals from orders in other cases. 
198. Appeal not to be dismissed without giving reasonable opportunity. 
199. Dispute as to compensation payable by municipality. 
200. Indemnity. 
201. Bar of suits in absence of notice. 

CHAPTER XIII 

CONTROL 

202. Control by Deputy Commissioner. 
203. Power to suspend action under the Act. 
204. Powers of Deputy Commissioner in case of emergency. 
205. Power to dissolve Nagar Panchayat or Council in certain cases. 
206. Consequence of dissolution. 

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SECTIONS 

207. Decision of disputes between local authorities. 

CHAPTER XIV 

RULES AND BYE-LAWS 

208. Powers of State Government to make rules. 
209. Power of municipality to frame bye-laws. 
210. Additional power to frame bye-laws in hill areas. 
211. Confirmation of bye-laws. 
212. Publication of bye-laws. 
213. Model bye-laws. 

CHAPTER XV 

MISCELLANEOUS 

214. Validity of acts and proceedings. 
215. Petition for challenging election. 
216. Power to make rules for election and election petition. 
217. Bar of jurisdiction of Civil Courts in election matters. 
218. Election to the municipalities. 
219. Electoral roll for a municipal area. 
220. Conditions for registration as a voter. 
221. Power to remove difficulties. 
222. Overriding effect of the provisions of the Act. 
223. Mode of proof of municipal record and fee for certified copy. 
224. Restriction on the summoning of municipal servants to produce documents. 
225. Penalty for violating the provision of this Act. 
226. Public servants. 
227. District Planning Committee. 
228. Committee for Metropolitan Planning. 
229. Delegation of powers of State Government. 
230. Repeal of Manipur Act 26 of 1976 and saving. 
231. Repeal and saving. 
 THE SCHEDULE. 

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THE 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:— 

[8th July, 1994.] 

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; 

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(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; 

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(31) “lodging house” means a house in which visitors or other persons are lodged on hire for a 

night or more; 

(32) “market” or “bazar” means any place, by whatever name called, where persons assemble for 
the sale of meat, fish, fruit, vegetables, live stock or any other article of food or merchandise, declared 
and 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  cause 
injury, danger, annoyance or offence to the sense or sight, smelling or hearing or disturbance to rest 
or 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 rent 

of 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 and 

occupation of such land or building; 

(39) “offensive  matter” includes  animal,  carcases,  kitchen  or  stable refuse,  dung,  dirt, putrid  or 

putrefying 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 land 
or building or of any part of any land or building whether on his own account or on account of 
himself  and  others  or  as  an  agent,  trustee  for  any  person  or  society  or  for  any  religious  or 
charitable purpose, guardian or as a receiver or who would so receive such rent or be entitled to 
receive 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  respective 

control; 

(41)  “Panchayat”  means  an  institution  of  self-government  at  the  district  or  village  level 

constituted 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  public 

road or any open drain, sewer or aqueduct; 

(43) “population” means the population as ascertained at the last preceding census of which the 

relevant 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 public 
road and includes a pathway made by the owner or premises on his own land to secure access to, or 
the 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  been 

taken down or burnt down or has fallen down; 

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(b)  the  conversion  of  one  or  more  huts  or  temporary  structures  into  a  masonry  or  framed 

building; 

(c) the conversion into place for human habitation of any building not originally constructed 

for 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  or 

enjoyment 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 the 

public 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,  whether 
covered  or  not  by  any  pavement,  verandah  or  other  structure,  which  lies  on  either  side  of  the 
roadway up to the boundaries of the adjacent property whether that property is private property or 
Government 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 which 

is 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 of 
the Constitution of India; 

(54) “Scheduled Tribes” means such tribes or tribal communities or parts of groups within such 
tribes or tribal communities as are specified to be Scheduled Tribes in relation to the State of Manipur 
under article 342 of the Constitution of India; 

(55)  “sewage”  means  night-soil  and  other  contents  of  privies,  latrines,  urinals,  cesspools  and 
drains, and includes polluted water from sink, bathrooms, stables, cattle-sheds and other like places 
and also discharges from manufactories of all kinds; 

(56)  “slaughter  house”  means  any  place  ordinarily  used  for  the  slaughter  of  animals  for  the 

purpose 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  conveyance 

whether 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  Manipur 

Panchayati Raj Act, 1994 (26 of 1994).  

CHAPTER II 

CONSTITUTION OF MUNICIPALITIES 

3. Constitution of municipalities.—(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 area 

to an urban area; 

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(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  part 
thereof  as  the  Governor  may,  having  regard  to  the  size  of  the  area  and  the  municipal  services  being 
provided or proposed to be provided by an industrial establishment in that area and such other factors as it 
may 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  the 
population therein, the revenue generated for local administration, the percentage of employment in non- 
agricultural  activities,  the  economic  importance  or  such  other  factors  as  it  may  deem  fit,  specify  by 
notification 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 declared 
as 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  published 

indicating 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 notification 
has  been  published  under  sub-section  (3)  may,  object  to  the  proposal  contained  in  such  notification  in 
writing to the Deputy Commissioner within forty-five days from the date of publication of the said draft 
notification. 

(5)  On  receipt  of  the  objection  under  sub-section  (4),  the  Deputy  Commissioner  shall  within  
forty-five days of the receipt of objection forward the same with his comments to the Government for its 
consideration. 

4. Effect of exclusion of local area from municipality.—(1) When a local area is excluded from a 
municipality  by  a  notification  under  sub-section  (1)  of  section  3,  and  is  included  in  the  other  local 
authority the Government shall frame a scheme determining what portion of the balance of the municipal 
fund 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 shall 
be apportioned between the municipality and such local authority or the Government, as the case may 
be, and on the publication of such a scheme in the Official Gazette, such property and liability shall 
vest and be apportioned accordingly: 

Provided that before framing of any such scheme, the Government shall consult the municipality 

and 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 of 
tax, toll, fee, rate or otherwise may in respect of the areas so excluded be recovered by the municipality as 
if such area has not been excluded. 

5.  Election  and  maintenance  of  boundary  marks.—Every  municipality  shall  cause  to  be  erected 
and set up and maintain boundary marks defining the limits of the area subject to its authority as set out 
by the notification. 

CHAPTER III 

NAGAR PANCHAYAT 

6. Incorporation of Nagar Panchayat.—A Nagar Panchayat shall be a body corporate by its name, 
having a perpetual succession and a common seal with power to acquire, hold and dispose of property and 
to contract, and shall sue and be sued in its name. 

7. Composition of Nagar Panchayat.—(1) Every Nagar Panchayat shall consist of such number of 

Councillors as may be fixed by the Government from time to time by notification. 

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(2) Save as otherwise provided in sub-section (3), all the seats in a Nagar Panchayat shall be filled by 
persons chosen by direct election from the territorial constituencies to be known as wards in the municipal 
area of Nagar Panchayat. 

(3)  The  Government  may  appoint  a  person  having  special  knowledge  or  experience  in  municipal 

administration to be a Councillor of the Nagar Panchayat: 

Provided that such person shall not have the right to vote in the meetings of the Nagar Panchayat. 

8.  Application  of  certain  provisions  relating  to  Council  in  case  of  Nagar  Panchayat.—The 
provisions  of  sections  17,  19  and  20  of  this  Act  relating  to  Council  shall  also  apply  in  case  of  Nagar 
Panchayat. 

9.  Chairperson  and  Vice-Chairperson  of  Nagar  Panchayat.—For  every  Nagar  Panchayat  there 

shall be a Chairperson and a Vice-Chairperson. 

10. Election of Chairperson and Vice-Chairpersons.—(1) Save as otherwise provided in the Act, 
the  Councillors  at  the  first  meeting  of  the  Nagar  Panchayat  to  be  called  at  the  instance  of  the  Deputy 
Commissioner after a General Election shall elect one of them to be the Chairperson in accordance with 
the rules made in this behalf. 

(2) An election under sub-section (1) shall take place— 

(a) within twenty-one days from the date of notification of the result under section 22; 

(b) in the case of vacancy in the office of the Chairperson on account of any reason other than the 
expiry  of  the  term  of  office  of  the  Chairperson,  within  twenty-one  days  from  the  date  of  the 
occurrence of the vacancy. 

(3) The State Government shall appoint a person to preside over the meeting and for the purpose of 

the business mentioned in sub-section (1). 

(4)  The  Councillors  shall,  either  at  the  meeting  referred  to  in  sub-section  (1)  or  at  any  subsequent 
meeting  elect  one  among  themselves,  other  than the Chairperson  elected  under sub-section (1), to  be  a 
Vice-Chairperson. 

11.  Resignation  by  Chairperson,  Vice-Chairperson  and  Councillor.—(1)  The  Chairperson  may 

resign his office by writing under his hand addressed to the Executive Officer. 

(2) The Vice-Chairperson or a Councillor may resign his office by writing under his hand addressed 

to the Chairperson, who shall forward it to the Executive Officer. 

(3) The resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it 

is accepted by the Government. 

(4)  The  Executive  Officer  shall  forthwith  intimate  the  fact  of  resignation  received  under  

sub-section (1) or sub-section (2) to the Nagar Panchayat and the State Government. 

(5) On receipt of intimation under sub-section (4) the State Government shall notify the fact of the 

resignation and occurrence of casual vacancy consequent thereon. 

12. Remuneration to Chairperson and Vice-Chairperson.—The Chairperson or Vice-Chairperson 
or any other Councillor of Nagar Panchayat may be granted by that Nagar Panchayat such remuneration 
or such allowance as may be prescribed. 

CHAPTER IV 

MUNICIPAL COUNCIL 

13.  Incorporation  of  Municipal  Council.—A  Municipal  Council  shall  be  a  body  corporate  by  its 
name,  having  a  perpetual  succession  and  a  common  seal  with  power  to  acquire,  hold  and  dispose  of 
property and to contract, and shall sue and be sued in its name. 

14.  Municipal  administration.—Except  as  otherwise  provided  in  this  Act,  the  municipal 

administration of a municipality shall vest in the Council or the Nagar Panchayat, as the case may be. 

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15. Composition of Council.—(1) Every Council shall consist of such number of councillors as may 

be fixed by the State Government from time to time by notification. 

(2)  Save  as  provided  in  sub-section  (3),  all  the  seats  in  a  municipality  shall  be  filled  by  persons 

chosen by direct election from the territorial constituencies to be known as wards in the municipal area. 

(3)  The  State  Government  may  appoint  a  person  having  special  knowledge  or  experience  in 

Municipal administration to be a member of the Municipal Council: 

Provided that such person shall not have the right to vote in the meetings of the Council. 

16. Constitution and composition of Wards Committees.—(1) In respect of a municipality having 
population  of  three  lakhs  or  more  there  shall  be  constituted  by  the  State  Government,  by  order,  such 
number of Wards Committees as may be determined by it, so however, that each Wards Committee shall 
consist of not less than five wards: 

Provided that in constituting Wards Committees, the State Government shall maintain geographical 

contiguity as far as possible. 

(2) Each Wards Committee shall consist of— 

(i) the members elected from the wards for which Wards Committee is constituted; 

(ii) the Executive Officer who shall be the ex officio member; and 

(iii) such other officers of the municipality as the State Government may specify to be ex officio 

members of whom one specified officer shall be the Secretary of the Wards Committee: 

Provided that the ex officio members shall have the right to speak and participate in the meetings of 

the Wards Committee but shall not have the right to vote. 

(3) The Chairperson of the Wards Committee shall be elected by the elected members thereof from 

among themselves. 

(4) The Chairperson shall cease to hold office if he ceases to be a member of the Wards Committee. 
Any  casual  vacancy  in  the  office  of  the  Chairperson  shall  be  filled  by  election  of  another  Chairperson 
from among the elected members of the Wards Committee as soon as may be after the occurrence of the 
vacancy. 

(5) The powers and functions of the Wards Committee and the manner of conduct of business at its 

meetings shall be such as may be prescribed. 

17.  Reservation  of  seats.—(1)  In  every  municipality,  out  of  the  total  strength  of  elected  members 
determined under section 15, the State Government shall subject to such rules as may be prescribed, by 
notification, reserve— 

(i) such number of seats to the Scheduled Castes and the Scheduled Tribes as may be determined 
by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, 
the  same  proportion  to  the  total  number  of  seats  to  be  filled  by  direct  election  to  the  Municipal 
Council, as the population of the Scheduled Castes, or as the case may be, of the Scheduled Tribes in 
that municipality bears to the total population of that municipality; and such seats may be allotted by 
rotation to different wards in the municipality; 

(ii)  not  less  than  one-third  of  the  total  number  of  seats  reserved  under  sub-section  (1)  shall  be 

reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes; 

(iii) not less than one-third (including the number of seats reserved for women belonging to the 
Scheduled Tribes and the Scheduled Castes) of the total number of seats to be filled by direct election 
to  every  Council,  for  women;  and  such  seats  may  be  allotted  by  rotation  to  different  wards  in  a 
municipality. 

Explanation.—In this section the expressions “Scheduled Castes”, “Scheduled Tribes” shall have the 
meanings respectively assigned to them in clauses (24) and (25) of article 366 of the Constitution of India. 

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(2) The office of Chairpersons of the municipalities shall be reserved for the Scheduled Castes, the 
Scheduled Tribes and women in such manner as the State Government may prescribe by notification in 
this regard. 

(3) The reservation of seats under sub-section (1) including the reservation of office of Chairperson 
(other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration 
of the period specified in article 334 of the Constitution of India. 

18. Allocation of reserved seats and delimitation of wards.—The State Government shall carry out 
the determination of the boundaries of the wards in a municipality and the allocation of seats reserved in 
favour  of  the  Scheduled  Castes,  the  Scheduled  Tribes  and  women  among  the  wards  in  the  prescribed 
manner. 

19. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as and 

for being, a member of a municipality— 

(a)  if  he  is  so  disqualified  by  or  under  any  law  for  the  time  being  in  force  for the  purposes  of 

elections to the Manipur Legislative Assembly: 

Provided that no person shall be disqualified on the ground that he is less than twenty-five years 

of age, if he has attained the age of twenty-one years; 

(b) if he is so disqualified by or under any law made by Manipur Legislative Assembly; 

(c) if he is not registered as an elector in the electoral roll for a ward; 

(d) if he is not ordinarily resident within the ward from which he is seeking election. 

Explanation.—The expression “ordinarily resident” shall have the same meaning as assigned to it in 

section 20 of the Representation of the People Act, 1950 (43 of 1950). 

(2) If any question arises as to whether a member of a municipality 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 manner as may be prescribed. 

20. Oath of office.—(1) Every person who is elected or appointed as a Councillor of a municipality 
shall, before entering upon his office under this Act, make and subscribe before such authority as may be 
prescribed  for  the  purpose,  an  oath  or  affirmation  of  his  allegiance  to  the  Constitution  of  India  in  the 
prescribed form. 

(2) Any person, having been elected, or appointed as a Councillor fails to make and subscribe, within 
three months from the date of the first meeting of the municipality the oath or affirmation laid down in 
sub-section (1) shall cease to hold his office and his office shall be deemed to have become vacant. 

21.  Appointment  of  administrator.—The  State  Government  shall  appoint  a  person  as  an 
administrator  to  exercise  the  powers  and  perform  the  duties  and  functions  of  a  municipality  until  a 
municipality is constituted for such area under this Act: 

Provided that the period of such appointment shall not exceed six months: 

Provided further that an administrator appointed under the provisions of the Manipur Municipalities 
Act, 1976 (Manipur Act 26 of 1976 ) on or before the 12th day of October, 1993 shall be deemed to have 
been validly appointed under that Act and the term of such administrator shall cease to have effect on the 
commencement of this Act. 

22.  Duration  of  municipalities,  etc.—(1)  Every  municipality,  unless  sooner  dissolved  under  this 
Act, shall continue for five years from the date appointed for its first meeting after a general election at 
which a quorum is present and no longer: 

Provided that a municipality which is functioning immediately before the commencement of this Act 
shall  continue  till  the  expiration  of  its  duration,  unless  sooner  dissolved  by  a  resolution  passed  to  that 
effect by the Legislative Assembly of the State of Manipur. 

(2) An election to constitute a municipality shall be completed— 

(a) before the expiry of its duration specified in sub-section (1); 

15 

 
(b) before the expiration of a period of six months from the date of its dissolution: 

Provided  that  where  the  remainder  of  the  period  for  which  the  dissolved  municipality  would  have 
continued is less than six months, it shall not be necessary to hold any election under this sub-section for 
constituting the municipality for such period: 

Provided further that the result of election shall be notified. 

(3)  A  municipality  constituted  upon  the  dissolution  of  a  municipality  before  the  expiration  of  its 
duration shall continue only for the remainder of the period for which the dissolved municipality  would 
have continued under sub-section (1) had it not been so dissolved. 

23. Every Council to have Chairperson and a Vice-Chairperson.—For every Council, there shall 

be a Chairperson and a Vice-Chairperson. 

24. Election of Chairperson.—(1) Save as otherwise provided in this Act, the Councillors at the first 
meeting of the Council to be called at the instance of the Deputy Commissioner after a general election 
shall elect one of them to be the Chairperson in accordance with rules made in this behalf. 

(2) Such election shall take place within twenty-one days from the date of notification of the result 
under section 22; and in the case of vacancy in the office of the Chairperson on account of any reason 
other than expiry of the term of office of  the Chairperson, within twenty-one days from the date of the 
occurrence of the vacancy. 

(3) The State Government shall appoint a person to preside over the meeting and for the purpose of 

the business mentioned in sub-section (1). 

25.  Election  of  Vice-Chairperson.—The  Councillors  shall,  either  at  the  meeting  mentioned  in  
sub-section  (1)  of  section  24  or  at  subsequent  meeting  elect  one  among  themselves  other  than  the 
Chairperson elected under sub-section (1) of section 24 to be the Vice-Chairperson. 

26.  Chairperson  and  Vice-Chairperson  cease  to  hold  office  as  such.—When  a  Councillor  who 
holds  the  office  of  Chairperson  or  the  Vice-Chairperson  ceases,  for  any  reason  whatsoever  to  be  a 
Councillor, he shall, at the same time, cease to hold office of the Chairperson or the Vice-Chairperson, as 
the case may be. 

27.  Filling  up  of  vacancies  and  term  of  office  of  persons  filling  up  the  vacancy.—If  any 
Councillor is by reason of his death,  resignation or removal or otherwise, is unable to complete his full 
term of office, the vacancy so caused shall be filled up by election or appointment, as the case may be, of 
a person under the provisions of this Act and the person so elected or appointed shall hold office for the 
unexpired term of his predecessor: 

Provided that no election for filling up a casual vacancy shall be held if the vacancy occurs within a 

period of six months preceding the date on which the term of office of the Councillor expires. 

28.  Resignation  by  Chairperson,  Vice-Chairperson  and  Councillor.—(1)  The  Chairperson  may 
resign his office by writing a letter of resignation addressed to the Vice-Chairperson, who shall forthwith 
deliver the letter to the Executive Officer. 

(2)  The  Vice-Chairperson  or  a  Councillor  may  resign  his  office  by  writing  a  letter  of  resignation 

addressed to the Chairperson, who shall forthwith deliver the letter to the Executive Officer. 

(3) The resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it 

is accepted by the Government. 

(4)  The  Executive  Officer  shall  forthwith  intimate  the  fact  of  resignation  received  under  

sub-section (1) or sub-section (2) to the Council and the State Government. 

(5)  On  receipt  of  the  intimation  under  sub-section  (4),  the  State  Government  shall  notify  in  the 

Official Gazette the fact of the resignation and occurrence of casual vacancy consequent thereon. 

29. Removal of Councillors.—(1) The State Government may remove any elected Councillor on the 
ground of his misconduct in the discharge of his duties if the removal is recommended by a resolution of 
the  municipality  passed  at  a  special  meeting  called  for  the  purpose  and  supported  by  a  majority  of  the 

16 

 
total  number  of  Councillors  of  the  municipality  and  by  a  majority  of  not  less  than  two-third  of  
Councillors present and voting in such a meeting. 

(2) The State Government may remove any Councillor— 

(a) if he ceases to reside within the municipality continuously for a period of twelve months; or 

(b) if he has been declared by the State Government by notification to have violated his oath or 

affirmation of allegiance; or 

(c) if he becomes disqualified by or under any law for the time being in force for the purposes of 

elections to the Manipur Legislative Assembly; or 

(d) if he has, within the meaning of section 59 knowingly acquired or continued to hold without 
the permission in writing of the State Government, directly or indirectly or as a partner, any share or 
interest in any contract or employment with, by or on behalf, of the municipality; or 

(e) if he is in arrears of any kind of dues to the municipality for more than six months after a bill 

or a notice has been duly served on him: 

Provided that no Councillor shall be removed under sub-section (1) or sub-section (2) unless he has 

been given an opportunity of being heard. 

30. Effect of removal of a Councillor.—No Councillor of a Nagar Panchayat or a Council who has 
been removed from his office under sub-section (1) or under clause (b), (c), (d) or (e) of sub-section (2) of 
section  29  shall  be  eligible  for  election  or  re-election  as  a  Councillor  for  such  period  as  may  be 
prescribed. 

31. No-confidence motion against Chairperson or Vice-Chairperson.—(1) The State Government 
may  remove  by  a  notification  in  the  Official  Gazette,  from  office  the  Chairperson  or  the  
Vice-Chairperson,  in  pursuance  of  a  resolution  passed  by  a  majority  of  the  total  number  of  the 
Councillors and supported by not less than two-third of the Councillors present and voting at a meeting 
specially convened for the purpose under sub-section (2). 

(2) For the purposes of sub-section (1) a meeting of the Nagar Panchayat or of the Council shall be 

held in the following manner, namely:— 

(i) the meeting shall be convened by the Executive Officer on a requisition signed by not less than 
one-fifth of the total number of Councillors constituting the Nagar Panchayat or the Council for the 
time being; 

(ii) the notice of such a meeting specifying the time and place thereof shall be despatched by the 

Executive Officer to every Councillor ten days before the meeting; 

(iii)  the  Chairperson  or the  Vice-Chairperson,  as  the case  may  be,  against  whom  the  resolution 

referred to in sub-section (1) is to be moved, shall not preside over the meeting; 

(iv) a copy of the notice shall be sent to the State Government. 

(3) If the office of the Chairperson becomes vacant all powers and duties of the Chairperson, may, 

until the election of a new Chairperson be exercised and performed by the Vice-Chairperson. 

(4) The removal of the Chairperson or the Vice-Chairperson under sub-section (1) shall be effective 

from the date of its resolution in this regard. 

32. Grant of leave of absence to Chairperson or Vice-Chairperson.—(1) The Nagar Panchayat or 
the Council, as the case may be, may, from time to time, grant such leave of absence to the Chairperson or 
the Vice-Chairperson as it may deem fit. 

(2) If a Chairperson or a Vice-Chairperson remains absent from office owing to illness or any other 
cause for a period exceeding three months without the leave of the Nagar Panchayat or the Council, as the 
case  may  be,  he  shall cease  to  be  Chairperson or Vice-Chairperson,  as the case may  be,  and  his office 
shall become vacant. 

(3) During the absence on leave of the Chairperson, the Vice-Chairperson and in the like event in the 
case  of  a  Vice-Chairperson  such  one  of  the  Councillors  as  may  be  elected  by  them  to  act  as  

17 

 
Vice-Chairperson, shall discharge the functions  of the Chairperson or the Vice-Chairperson, as the case 
may be. 

(4) The Vice-Chairperson or the Councillor shall, during and in respect of the period in which he is 
acting as, or discharging the function of Chairperson or Vice-Chairperson, as the case may be, exercise 
the powers conferred and perform the duties imposed on a Chairperson or a Vice-Chairperson by or under 
this Act or by any other law for the time being in force. 

33. Powers and functions of the Chairperson.—It shall be the function of the Chairperson— 

(a) to preside, unless prevented by reasonable cause, over all meetings of the Nagar Panchayat or 
the Council, as the case may be, and subject to the provisions of the bye-laws for the time being in 
force, to regulate the conduct of business at such meetings; 

(b)  to  watch  over  the  financial  and  executive  administration  of  the  Nagar  Panchayat  or  the 
Council, as the case may be, and perform such executive functions as may be allotted  to him by or 
under this Act and rules or bye-laws framed thereunder; 

(c)  to  exercise  supervisory  and  executive  control  over  acts  and  duties  of  all  officers  and 
employees  of  the  Nagar  Panchayat  or  the  Council,  as  the  case  may  be,  in  matters  respecting  their 
executive functions and the accounts and records of the Nagar Panchayat or the Council, as the case 
may be; 

(d) to  direct,  in case  of  emergency,  the  execution  or  stoppage  of  any  work  or  doing  of any  act 
which  requires  the  sanction  of  the  Nagar  Panchayat  or  the  Council,  as  the  case  may  be,  and  the 
immediate  execution  or doing  of  which  is, in  his  opinion  necessary  for  the  service  or  safety  of  the 
public,  and  the  expenses incurred  in the execution  of  such  work  or  doing  of such  act  shall  be  paid 
from Municipal Fund: 

Provided that— 

(a) he shall not act under clause (d) in contravention of any order of the Nagar Panchayat or the 
Council,  as  the  case  may  be,  prohibiting  the  execution  of  any  particular  work  or  the  doing  of  any 
particular act; and 

(b)  he  shall  report  forthwith  the  action  taken  under  clause  (d)  and  the  reasons  therefor  to  the 

Nagar Panchayat or the Council, as the case may be, at its next meeting. 

34. Function of Vice-Chairperson.—It shall be the function of the Vice-Chairperson— 

(a) in the absence of the Chairperson and unless prevented by reasonable cause, to preside over 
the  meetings  of  the  Nagar  Panchayat  or  the  Council,  as  the  case  may  be,  and  he  shall,  when  so 
presiding, exercise the same authority as is vested in the Chairperson under clause (a) of section 33; 

(b) pending the election of a Chairperson, or during the absence of the Chairperson to exercise the 

powers and perform the duties of the Chairperson. 

35.  Remuneration 

the  
Vice-Chairperson or any other Councillor of a Council may be granted by the Council such remuneration 
or such allowance as may be prescribed: 

and  Vice-Chairperson.—The  Chairperson, 

of  Chairperson 

Provided  that  the  expenditure  to  be  incurred  under  this  section  shall  without  prejudice  to  the 

provisions of section 71, be paid out of the Municipal Fund. 

36.  Powers,  authority  and  responsibilities  of  municipalities.—(1)  The  State  Government  as  and 

when it considers expedient may, by notification, entrust— 

(a) the municipalities with the function of— 

(i) the preparation of plans for economic development and social justice; 

(ii) the performance of functions and the implementation of schemes as may be entrusted to 

including those in relation to the matters listed in the Schedule; 

18 

 
 
(b) the Committees with such powers and authority as may be necessary to enable them to carry 
out  the  responsibilities  conferred  upon  them  including  those  in  relation  to  the  matters  listed  in  the 
Schedule. 

(2) On entrustment of functions under sub-section (1), the Government shall allot to the municipality 
such fund and personnel as may be necessary to enable the municipality to discharge the functions and 
duties so entrusted. 

37. Obligatory functions of the municipality.—It shall be the duty of every municipality to make 

reasonable provision for the following matters within the municipality under its jurisdiction, namely:— 

(a) lighting public roads and places; 

(b) watering public roads and places; 

(c) cleaning public roads, places and sewers and all spaces not being private property, which are 
open  to  the  enjoyment  of  the  public  whether  such  spaces  are  vested  in  the  municipality  or  not, 
removing noxious vegetation and abating all public nuisance; 

(d)  removing  filth,  rubbish,  night-soil,  odour  or  any  other  noxious  or  offensive  matter  from 
privies, latrines, urinals, cess-pools or other common receptacles or such matter in or pertaining to a 
building or buildings; 

(e) extinguishing fires and protecting life and property when fire occurs; 

(f) regulating offensive or dangerous trades or practices; 

(g)  removing  obstructions  and  projections  in  public  roads  or  places  and  in  spaces  not  being 
private property, which are open to the enjoyment of the public whether such spaces are vested in the 
municipality or belong to the State Government; 

(h) securing or removing dangerous buildings or places and reclaiming unhealthy localities; 

(i) acquiring, maintaining, changing and regulating places for the disposal of dead bodies and of 

the carcasses of dead animals; 

(j)  constructing,  altering  and  maintaining  public  roads,  culverts,  municipal  boundary  marks, 
markets,  slaughter-houses,  drains,  sewers,  drainage-works,  sewerage-works,  baths,  washing-places, 
drinking-fountains, tanks, wells, dams and the like; 

(k) constructing public latrines, privies and urinals; 

(l)  obtaining  a  supply  or  an  additional  supply  of  water,  proper  and  sufficient  for  preventing 
danger to the health of inhabitants from the insufficiency or unwholesomeness of the existing supply; 

(m) naming streets and numbering houses; 

(n) registering births and deaths; 

(o) suitable accommodation for any calves, cows or buffaloes required within the municipality for 

the supply of animal lymph; 

(p) printing such annual reports on the administration of the municipality as may be necessary or 

as the State Government may by general or special orders require the municipality to print; 

(q) making arrangements for preparation of compost manure from night-soil and rubbish; and 

(r) establishing and maintaining cattle ponds. 

38. Special duties of municipalities.—Subject to such reasonable provisions as may be made under 
section  37  every  municipality  shall  make  reasonable  provision  for  the  following  special  matters, 
namely:— 

(a) providing special medical aid and accommodation for the sick in times of a dangerous disease 
and  taking  such  measures  as  may  be  required  to  prevent  the  outbreak  or  suppress  and  prevent  the 
recurrence of the disease; and 

(b) giving relief and establishing and maintaining relief works, in times of famine or scarcity, to 

or for destitute persons within the limits of the municipality. 

19 

 
39. Discretionary functions of municipality.—A municipality may, at its discretion, provide out of 

the municipal property and fund, either wholly or partly, for— 

(a) laying out, whether in areas previously built upon or not, new public roads and acquiring land 
for  the  purpose,  including  land  acquired  for  the  construction  of  buildings  for  curtilages  thereof,  to 
about on such roads; 

(b)  constructing,  establishing,  maintaining,  or  contributing  to  the  maintenance  of  public  parks, 
gardens,  libraries,  museums,  reading  rooms,  halls,  offices,  dharmashalas,  rest-houses,  encamping 
grounds and other public buildings and places; 

(c) constructions and maintaining, where necessary suitable sanitary houses for the habitation of 
the  poor  and  granting  loans  for  the  construction  of  such  houses  or  for  effecting  necessary 
improvements connected therewith; 

(d) providing accommodation for any class of servants employed by the municipality or granting 

loans to such servants for construction of houses subject to the rules made in this behalf; 

(e) planting and maintaining trees in the roadside; 

(f)  securing  or  assisting  to  secure  suitable  places  for  the  carrying  on  the  offensive  trades 

mentioned in section 167; 

(g)  supplying,  constructing  and  maintaining  receptacles,  fitting  pipes,  and  other  appliances 
whatsoever on or for the use of private premises, for receiving and conducting the sewage thereof into 
sewers under the control of the municipality; 

(h) the public health and infant welfare; 

(i) contribution towards any public fund raised for the relief of human suffering within or without 

the municipality; 

(j)  any  public  reception,  ceremony,  entertainment,  or  exhibition  within  the  municipality  by  a 

resolution passed at a general meeting and supported by one-half of the total number of Councillors; 

(k) the organisation or maintenance of shops or stall for the sale of necessities of life; 

(l) holding fairs and exhibitions; 

(m) supply of milk; 

(n)  establishing  labour  welfare  centres  for  its  employees  and  subsidizing  the  activities  of  any 

association, union or club of such employees by grant of loan for its general advancement; 

(o) maintenance of ambulance service; 

(p) establishing and maintaining public hospitals and dispensaries and providing public medical 

service; 

(q)  providing  facilities  for  antifrabic  treatment  and  meeting  the  expenses  of  indigent  person 

undergoing antifrabic treatment within or outside the municipal limits; 

(r) housing and maintaining destitute, orphans and cripples and maintaining maternity centre and 

child welfare clinics; 

(s) establishing rescue homes; 

(t)  any  other  matter  which  is  likely  to  promote  education  or  the  public  health  safety  or 
convenience  or  the  advancement  of  economic  condition  of  the  inhabitants  of  the  municipality  or 
which is necessary for the purposes of this Act. 

40. Management of public institution by municipality to vest in it.—The management, control and 
administration of every public institution exclusively maintained out of the municipal property and fund 
shall vest in the municipality by which it is so maintained. 

20 

 
 
 
CHAPTER V 

ESTABLISHMENT 

41.  Appointment  of  Executive  Officers.—(1) There  shall be  an  Executive  Officer  of  every  Nagar 
Panchayat or Council, as the case may be, who shall also function as Secretary to the Nagar Panchayat or 
Council, as the case may be, and all other officers and employees of the Nagar Panchayat or Council, as 
the case may be, shall be subordinate to him. 

(2) A Nagar Panchayat or Council, as the case may be, shall appoint an Executive Officer with the 
concurrence of the State Government and the State Government may, if any particular Nagar Panchayat 
or Council, as the case may be, does not make such appointment, appoint any person as such officer in 
respect of that Nagar Panchayat or Council, as the case may be. 

(3) A Nagar Panchayat or Council, as the case may be, may in addition to the Executive Officer, also 

appoint other officer to assist the Executive Officer with the concurrence of the State Government. 

42. Main functions of the Executive Officer.—The Executive Officer shall,— 

(a)  subject  to  the  general  control  of  the  Chairperson,  watch  over  the  financial  and  executive 
administration of the Nagar Panchayat or Council, as the case may be, and perform all the duties and 
exercise  all  the  powers  imposed or conferred  upon  him,  by  or  delegated to him  under  this  Act  and 
rules and bye-laws framed thereunder; and 

(b) give effect to the decision taken by the Nagar Panchayat or Council, as the case may be, and 
submit periodical reports, if the Nagar Panchayat or Council, as the case may be, so directs, regarding 
the progress made in respect thereof. 

43. Appointment of Health Officer, Revenue Officer and Engineer.—(1) Every Nagar Panchayat 
or Council, as the case may be, shall have a Health Officer, a Revenue Officer and an Engineer for the 
efficient discharge of its functions and duties. 

(2) The Nagar Panchayat or Council, as the case may be, shall appoint a Health Officer, a Revenue 

Officer and the Engineer with the concurrence of the State Government. 

44. Power of Nagar Panchayat and Council to determine strength of its employees.—(1) Except 
as provided in sections 41 and 43 and subject to the approval of the State Government, a Nagar Panchayat 
or a Council may, by a special resolution determine the category and strength of employees required by it, 
for discharge of its functions and duties. 

(2) Notwithstanding anything contained in section 71, the expenditure incurred on the establishment 

of Nagar Panchayat or a Council shall be paid out of the Municipal Fund. 

45.  Power  of  Nagar Panchayat  and  Council to  appoint its officers  and employees.—Subject to 
the  provisions  contained  in  sections  41  and  43  a  Nagar  Panchayat  or  a  Council  shall  have  power  to 
appoint its officers and employees:  

Provided that the Chairperson may fill up such non-technical posts in the Grades III and IV in such 

manner as may be laid down in bye-laws framed in this behalf. 

46.  Disciplinary  action  against  employees  of  Nagar  Panchayat  and  Council  and  conditions  of 
their services, etc.—(1) An employee of a Nagar Panchayat or a Council who is aggrieved by an order of 
the Chairperson in a disciplinary proceeding against him shall have right to appeal to the Nagar Panchayat 
or the Council within thirty days from the date of service of such order on him. 

(2) An employee who is aggrieved by an order of the Nagar Panchayat or the Council may prefer an 
appeal to the State Government against such an order within sixty days from the date of service of such 
order: 

Provided that no appeal against an order other than an order for removal or dismissal shall lie to the 

State Government. 

(3)  Subject  to  the  provisions  of  this  Act,  the  disciplinary  action,  conditions  of  the  service  and 
qualifications  in  respect  of  the  employees  of  a  Nagar  Panchayat  or  a  Council  shall  be  the  same  as 
applicable to the employees of the State Government, from time to time. 

21 

 
 
47. Gratuity and pension.—The rules relating to gratuities and pensions applicable to the employees 
of the State Government shall apply to the employees of the Nagar Panchayat or, as the case may be, the 
Council and shall be paid out of the Fund of the Nagar Panchayat or, as the case may be, of the Council. 

48.  Power  to  make  rules.—The  State  Government  may  make  rules  regarding  the  appointment, 
salaries, condition of services, powers, duties and functions of the Executive Officer,  other officers and 
employees of the Nagar Panchayat or the Council and other relevant matters connected thereof: 

Provided  that  no  disciplinary  action  shall  be  taken  against  the  Executive  Officer  except  with  the 

approval of the State Government. 

CHAPTER VI 

CONDUCT OF BUSINESS 

49. Meeting of a Nagar Panchayat or of a Council.—(1) There shall be at least one meeting of the 
Nagar Panchayat or the Council for transaction of its business in every month to be held on such date as is 
fixed  by  the  Nagar  Panchayat  or  the  Council  at  a  special  meeting  convened  for  the  purpose,  at  the 
municipal office, if any, or other convenient place of which notice has been duly given. 

(2)  If  there  be  no  business  to  be  laid  before  the  Nagar  Panchayat  or  the  Council  at  any  monthly 
meeting, the Chairperson shall, instead of calling the meeting, give notice of the fact to each Councillor 
three days before the date which is fixed for the monthly meeting. 

(3) The Chairperson, or in his absence the Vice-Chairperson may, on a written requisition of not not 

less than one-half of the total number of Councillors, call a special meeting. 

(4)  If  the  Chairperson  or  the  Vice-Chairperson,  as  the  case  may  be,  fails  to  call  a  special  meeting 
within  fifteen  days  after  any  such  requisition  has  been  made,  the  meeting  may  be  called  by  the 
Councillors who made the requisition. 

50. Chairperson of meeting.—If at a meeting neither the Chairperson nor the Vice-Chairperson is 
present, the Councillors present shall elect one of them to preside over the meeting and such Councillor 
shall  perform  all  the  duties  and  exercise  all  the  powers  of  the  Chairperson  of  Nagar  Panchayat  or  a 
Council when presiding over a meeting: 

Provided that no candidate for election to the office of the Chairperson or the Vice-Chairperson shall 

preside at such election. 

51. Manner of deciding questions.—Save as otherwise expressly provided in or under this Act, all 
questions  brought  before  any  meeting  of  the  Nagar  Panchayat  or  of  the  Council  or  of  any  of  its 
committees shall be decided by a majority of votes of the Councillors present and voting and in the case 
of equality of votes, on any question the persons presiding shall have a second or casting vote: 

Provided that at the election— 

(a) of Chairperson or Vice-Chairperson; or 

(b) of a Councillor to represent the Nagar Panchayat or the Council, as the case may be, under the 

provisions of any other law for the time being in force,  

in case of equality of votes, the person presiding shall not exercise his casting vote and the result shall be 
decided by lot. 

52. Adjournment of meeting in the absence of quorum.—(1) No business shall be transacted at a 
meeting  unless  a  quorum  of  one-third  of  the  total  number  of  Councillors  of  a  Nagar  Panchayat,  or  a 
Council be present: 

Provided that in cases where the total number of Councillors of a Nagar Panchayat or a Council is not 
divisible  by  three,  the  total  number  shall  be  increase  by  such  minimum  number  as  to  make  the  total 
number divisible by three. 

(2)  If  there  be  no  quorum  present  at  a  meeting  the  Chairperson  or  in  his  absence  the  
Vice-Chairperson shall adjourn the meeting to such hour of any future day as he may reasonably fix. A 
notice of such adjournment shall be fixed upon a notice board in the municipal office, and the business 
which  would  have  been  brought  before  the  original  meeting,  has  there  been  a quorum  thereat, shall  be 

22 

 
brought  before  the  adjourned  meeting  and  may  be  disposed  of  at  such  meeting  or  at  any  subsequent 
adjournments thereof whether there be a quorum present or not. 

(3) A notice of adjournment exhibited in the notice board of the municipal office on the day on which 

the meeting is adjourned, shall be sufficient notice of the subsequent meeting. 

53. Minutes of proceedings.—(1) Minutes of the proceedings of each meeting of a Nagar Panchayat 
or of a Council or any of its Committee shall be recorded in a book to be kept for the purpose separately 
for the Nagar Panchayat or the Council and for each of its Committees and shall be signed by the persons 
who presided over the meeting. 

(2) The minutes of the meeting of a Nagar Panchayat or of a Council shall at all reasonable times and 

without charge, be open to inspection, by any member of the public. 

(3) The  minutes  of  the  proceedings  of  all  meetings  of  the  Nagar  Panchayat  or of  the  Council  shall 
forthwith  be  forwarded  by  the  Executive  Officer  to  the  Deputy  Commissioner,  the  Director  and  to  the 
State Government. 

54.  Modification  and  cancellation  of  resolution.—No  resolution  of  a  Nagar  Panchayat  or  of  a 
Council shall be modified or cancelled except by a resolution supported by not less than two-thirds of the 
total number of Councillors and passed at a meeting whereof notice shall be given setting forth fully the 
proposed resolution to modify or cancel at such meeting and the motion of proposition for modification or 
cancellation of such resolution. 

55. Right of Government Officers to attend, address and take part in the meeting of the Nagar 
Panchayat or of the Council.—The Deputy Commissioner, the Director and such other officers  as the 
State Government may, by general or special order specify in this behalf, shall be entitled to attend any 
meeting of a Nagar Panchayat or of a Council within their jurisdiction, address it on any matter affecting 
the work of their department and take part in the meetings thereof, but shall not have the right to vote. 

56.  Appointment  of  Committees.—(1)  The  Nagar  Panchayat  or  the  Council  at  a  meeting  may 
appoint, from time to time, committees to be called “Standing Committee” to assist it in the discharge of 
any specific duties devolved upon it under this Act, within the whole or any  portion of the municipality 
and may delegate to any such committee all or any of its powers which may be necessary for the purpose 
of rendering such assistance, or withdraw all or any such powers, so delegated. 

(2) Each Committee shall consist of Councillors and, when necessary, of such residents with special 
qualification when the Nagar Panchayat or the Council at a meeting desires to appoint, in such a case the 
number  of  Councillors  shall  not  be  less  than  two-thirds  of  the  total  number  of  the  members  of  the 
Committee: 

Provided  that  no  Councillor  who  has  been  appointed  as  a  member  of  one  committee,  shall  be 

appointed as such in another committee at a time. 

(3) The members of such committees shall be liable to all the obligations imposed by this Act on the 
Councillors of the Nagar Panchayat or of the Council in respect of such powers as may be delegated to 
them. 

(4)  All  the  proceedings  of  any  such  committee  shall  be  subject  to  confirmation  by  the  Nagar 

Panchayat or the Council at a meeting. 

(5) All questions connected with the removal or resignation of members of committee shall be settled 

by the Nagar Panchayat or the Council at a meeting. 

57. Chairperson of Committee.—(1) The Chairperson of the Nagar Panchayat or of the Council, as 

the case may be, if he is a member of any committee, shall be ex officio, Chairperson, thereof. 

(2) The Vice-Chairperson of the Nagar Panchayat or of the Council, as the case may be, if appointed 
a member of any committee of which the Chairperson is not a member, shall be  ex officio Chairperson 
thereof. 

(3) When neither the Chairperson nor the Vice-Chairperson of Nagar Panchayat or of a Council, as 
the case may be, is a member of a committee, the Chairperson of such committee shall be nominated by 
the Chairperson of the Nagar Panchayat or of the Council, as the case may be. 

23 

 
 
58.  Liability  for  loss,  waste  or  misapplication  of  funds  and  property.—Every  Chairperson,  
Vice-Chairperson,  Councillor,  officer  or  employees  of  a  Nagar  Panchayat  or  of  a  Council  including  a 
Government servant whose services are lent to the Nagar Panchayat or to the Council, shall be liable for 
the  loss,  waste  or  misapplication  of  any  money  or  other  property  owned  by  or  vested  in  the  Nagar 
Panchayat or the Council, if such loss, waste or misapplication is a direct consequence of any illegal act, 
omission, neglect or misconduct on his part; and a suit for compensation may be instituted against him in 
any Court of competent jurisdiction by the Nagar Panchayat or by the Council, as the case may be. 

59.  Disqualifications  of  Councillors  having  share  or  interest  in  contract.—No  Councillor  of  a 
Nagar  Panchayat  or  of  a  Council  shall  have  without  the  written  permission  of  the  State  Government, 
directly  or  indirectly,  any  share  or  interest  in  any  contract,  lease,  sale  or  purchase  of  land  or  any 
agreement for the same or any kind whatsoever to which the Nagar Panchayat or Council is a party, or 
shall hold any office of profit under it, and if any Councillor shall have such share or interest or shall hold 
such office he shall thereby become disqualified to continue in office as a Councillor: 

Provided that a Councillor shall not be so disqualified or liable by reason— 

(a) of having a share or interest in— 

(i) a contract entered into between the Nagar Panchayat or the Council, as the case may be, 
and any incorporated or registered company or any registered Co-operative Society of which such 
Councillor is a member or shareholder; or 

(ii) any agreement for the loan of money, or any security for the payment of money only; or 

(iii) any newspaper in which any advertisement relating to the affairs of the municipality is 

inserted; or 

(b) of his being professionally engaged on behalf of the Nagar Panchayat or the Council, as the 
case  may  be,  as  a  legal  or  medical  practitioner  and  receiving  a  fee  for  services  rendered  in  his 
professional capacity. 

60. Penalty in case Councillors, executive officer, etc, having interest in a contract, etc., with the 

Nagar Panchayat or Council.—In a Nagar Panchayat or in a Council— 

(a)  subject  to  the  proviso  to  section  59  any  Councillor  who  acquires,  directly  or  indirectly  any 
share or interest in any contract or employment with, under, by or on behalf of a Nagar Panchayat or a 
Council of which he is a Councillor; 

(b) any executive officer or employee who acquires directly or indirectly any share or interest in 
any  contract  with,  under,  by  or  on  behalf  of  a  Nagar  Panchayat  or  a  Council  except  in  so  far  as  it 
relates  to  his  own  employment  as  executive  officer  or  an  employee,  shall  be  punishable  with  fine 
which may extend to five thousand rupees. 

61.  Disqualification  from  voting.—No  Councillor  of  a  Nagar  Panchayat  or  of  a  Council  or  no 
member of a committee shall vote or take part in the discussion of any question at a meeting of the Nagar 
Panchayat or of a Council or committee if the question is one in which he has direct or indirect pecuniary 
interest. 

CHAPTER VII 

MUNICIPAL PROPERTY, FINANCE AND CONTRACTS 

62. Municipal property and vesting thereof.—(1) All property within the municipality, other than 
private  property  or  property  maintained  by  the  Government  or  other  local  authority,  shall  vest  in  the 
Nagar Panchayat or the Council, as the case may be, and shall, with all other property of whatever nature 
and kind which may become vested in the Nagar Panchayat or the Council, as the case may be, be under 
its  direction,  management  and  control,  unless  the  State  Government  otherwise  directs  by  notification, 
namely:— 

(a) all public roads including the soil, the pavements, stones and other materials thereof, and all 

drains, bridges, trees, erections, materials, implements and other things provided for such roads; 

(b)  all  public  streams,  channels,  water  courses,  springs,  tanks,  reservoirs,  cisterns,  wells, 
aqueducts, conduits, tunnels, pipes, pumps and other water-works, whether made, laid or created at 

24 

 
the  cost  of  the  Nagar  Panchayat  or  of  the  Council  or  otherwise and  all  bridges,  buildings,  engines, 
works, materials and things connected therewith or appertaining thereto and also any adjacent land, 
not being private property, appertaining to any public tanks: 

Provided  that  water-pipes  and  water-works  connected  therewith  or  appertaining  thereto  which 
with  the  consent  of  the  Nagar  Panchayat  or  of  the  Council  are  laid  or  set  up  in  any  street  by  the 
owners of any mill, factory, workshop or the like primarily for the use of their employees shall not be 
deemed to be public water-works by reason of their use by the public; 

(c) all public sewers and drains, and all works, materials and things appertaining thereto and other 

conservancy works; 

(d) all sewage, rubbish and offensive matter collected by the Nagar Panchayat or by the Council 

from roads, latrines, sewers, cesspools and other places; 

(e) all public lamps, lamp-posts and apparatus connected there with or appertaining thereto, and 
all public gates, markets, slaughter houses and public buildings of every description which have been 
constructed or are maintained out of the municipal fund; and 

(f) all land or other property transferred to the Nagar Panchayat or Council, as the case may be, by 
the Government or acquired by the Nagar Panchayat or Council, as the case may be, by gift, purchase 
or otherwise for local public purposes. 

(2) The State Government may, by notification direct that any property which has vested in the Nagar 
Panchayat or the Council, as the case may be, shall cease to be so vested, and the State Government may 
pass such orders as it may deem fit regarding the disposal and management of such property. 

(3) The State Government may resume any immovable property transferred to the Nagar Panchayat or 
the Council, as the case may be, by itself or any other local authority for a public purpose on payment of 
the amount paid by the Nagar Panchayat or by the Council, as the case may be, for such transfer and the 
market value at the date of resumption of any building or works subsequently created or executed thereon 
by the Nagar Panchayat or by the Council, as the case may be: 

Provided  that  compensation  need  not  be  paid  for  buildings  or  works  constructed  or  created  in 

contravention of the terms of the transfer. 

63.  Transfer  of  municipal  property.—Notwithstanding  anything  contained  in  section  6  or  13,  no 
Nagar  Panchayat  or  the  Council,  as  the  case  may  be,  shall  transfer  any  immovable  property  except  in 
pursuance  of  a  resolution  passed  at  a  meeting  thereof  by  a  majority  of  not  less  than  two-third  of  its 
members and except when it is not required for local public purposes: 

Provided that  in  the  case  of  property  which has been  transferred to it by  the  State  Government the 

transfer under this section shall be subject to the previous sanction of the State Government: 

Provided further that nothing in this section shall apply to leases of immovable property for a term not 

exceeding two years in total. 

64. Execution of contracts.—(1) The Nagar Panchayat or the Council, as the case may be, may enter 

into any contract necessary for the purposes of this Act. 

(2) Every contract made by or on behalf of the Nagar Panchayat or the Council, as the case may be, in 
respect  of  any  sum  exceeding  ten  thousand  rupees  shall  be  sanctioned  by  the  Nagar  Panchayat  or  the 
Council,  as  the  case  may  be,  at  a  meeting  and  shall  be  in  writing  and  shall  be  signed  by  at  least  two 
Councillors  one  of  whom  shall  be the  Chairperson  or  the Vice-Chairperson  and  in  absence  of  both  the 
Executive Officer. Every such contract shall be sealed with common seal of the Nagar Panchayat or the 
Council, as the case may be. 

(3)  Any  contract  made  in  contravention  of  sub-section  (2)  shall  not  be  binding  on  the  Nagar 

Panchayat or the Council, as the case may be. 

65. Transfer of private roads, etc., to Nagar Panchayat or Council.—(1) The Nagar Panchayat or 
the Council at a meeting may agree with the person in whom the properly in any road, bridge, tank, ghat, 
well,  channel,  or  drain,  vests  to  take  over  the  property  therein  or  the  control    thereof,    and  after                      
such agreement may declare by notice in writing put up thereon or near thereto that such roads, bridge, 
tank, ghat, well, channel or drain has been transferred to the Nagar Panchayat or the Council, as the case 
may be. 

25 

 
(2) On completion of the transfer, the property shall vest in the Nagar Panchayat or the Council, as 

the case may be, and shall thenceforth be repaired and maintained out of the municipal fund. 

66. Acquisition of land.—When any land, whether within or without the limits of a municipality is 
required for the purposes of this Act, the State Government may, at the request of the Nagar Panchayat or 
the Council, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and 
on  payment  by  the  Nagar  Panchayat  or  the  Council, as  the  case  may  be,  of  the  compensation  awarded 
under that Act and of any other charges incurred in acquiring  the land, the land shall vest in the Nagar 
Panchayat or the Council, as the case may be. 

67.  Formation  and  custody  for  municipal  fund.—(1)  There  shall  be  formed  for  each  Nagar 
Panchayat and for each Council a municipal fund to be called the “Municipal Fund” and it shall be held 
by the Nagar Panchayat or by the Council, as the case may be, for the purposes of this Act and subject to 
the provisions thereof. 

(2) The Municipal Fund shall vest in the Nagar Panchayat or the Council, as the case may be. 

68. Credit of moneys to the municipal fund.—(1) There shall be credited to the municipal fund:— 

(a) all sums received by or on behalf of the Nagar Panchayat or the Council under the provisions 

of this Act or of any other law for the time being in force or under any contract; 

(b)  the  balance,  if  any,  standing  at  the  credit  of  the  Nagar  Panchayat  or  the  Council  at  the 

commencement of this Act; 

(c)  all  proceeds  of  the  disposal  of  property  by,  or  on  behalf  of,  the  Nagar  Panchayat  or  the 

Council; 

(d) all rents accruing from any property of the Nagar Panchayat or the Council; 

(e) all moneys raised by any tax levied for the purposes of this Act; 

(f) all fees payable and levied under this Act; 

(g) all moneys received by the Nagar Panchayat or by the Council by way of compensation or for 

compounding offences under the provisions of this Act; 

(h) all moneys received by, or on behalf of, the Nagar Panchayat or the Council from the State 

Government or private individuals by way of grants, contribution, gift or deposits; and 

(i) all interest and profit, arising from any investment of, or from any transaction in connection 

with, any money belonging to the Nagar Panchayat or the Council. 

(2)  Nothing  in  this  section  or  in  this  Act  shall  affect  any  obligation  of  a  Nagar  Panchayat  or  of  a 
Council arising from a trust legally imposed upon or accepted by the Nagar Panchayat or by the Council, 
as the case may be. 

69. Powers of the Nagar Panchayat or of the Council to borrow money.—(1) A Nagar Panchayat 
or a Council may, with the previous sanction of the State Government and subject to such conditions as 
may be prescribed as to security, the rate of interest and the repayment of principal and interest, borrow 
either from the State Government or any financial institution, any sum of money required or empowered 
to undertake under the provisions of this Act. 

(2) Nothing contained in sub-section (1) or the rules made thereunder shall apply to grants or loans or 
advance made to a Nagar Panchayat or to a Council by any department, office or authority of the State 
Government  or  by  any  local  authority  or  by  any  other  institution  towards,  and  for  the  purpose  of,  the 
implementation,  achievement  and  accomplishment  of  community  development  schemes  and  a  Nagar 
Panchayat or a Council may accept any such grant or loan which shall be regulated and governed by the 
terms on which, and the conditions subject to which, the same is made or advanced. 

70. Application of municipal property and fund.—(1) All property vested in a Nagar Panchayat or 

in a Council under this Act, all funds received by it in accordance with the provisions of this Act and all  

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sums  accruing  to  under  the  provisions  of  any  law  for  the  time  being  in  force  shall,  subject  to  the 
provisions of this Act, be applied for the purposes of this Act, within the limits of the municipality. 

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a Nagar Panchayat or 

a Council, as the case may be, subject to rules made under this Act:— 

(a)  to  incur  expenditure  beyond  the  municipal  limits  on  the  acquisition  of  land,  or  on  the 
construction, maintenance or repair of works, for the purpose of obtaining supply of water required 
for inhabitants  of the  municipality  or  on  establishing  slaughter  houses  or  places for the  disposal  of 
night-soil or sewage or carcasses of animals or for drainage works, or for the purpose of providing 
mechanically  propelled  transport  facilities  for  the  conveyance  of  the  public  or  for  the  purpose  of 
setting up dairies or farms for the supply, distribution and procuring of milk-products for the benefit 
of the inhabitants of the municipality or for any other purpose calculated to promote the health, safety 
or convenience of the inhabitants of the municipality; or 

(b) to take a contribution towards expenditure incurred by any other local authority or out of any 
public fund for measures affecting the health, safety or convenience of public calculated to benefit the 
residents within the limits of the contributing municipality; or 

(c) to create scholarship tenable outside the limits of municipality; or 

(d)  to  utilise  the  municipal  fire  brigade  and  other  mechanical  appliance  beyond  the  municipal 

limits; or 

(e) to make with the previous sanction of the State Government any other kind of contribution as 

may be deemed necessary by the Nagar Panchayat or the Council: 

Provided that nothing in this section or in any other provision of this Act shall be deemed to make it 
unlawful  for  a  Nagar  Panchayat  or  a  Council,  when  it  has  constructed  works  beyond  the  limits  of  the 
municipality for the supply of water or electrical energy or for drainage as aforesaid— 

(a)  to  supply  or  extend  to  or  for  the  benefit  of  any  person  or  building  or  lands  in  any  place 
whether such place is not within the limits of the said municipality, any quantity of water or electrical 
energy  not  required  for  the  purpose  of  this  Act  within  the  said  municipality  or  the  advantages 
afforded by the system of drainage works, on such terms and conditions with regard to payment and 
to  the  continuance  or  such  supply  advantages  as  shall  be  settled  by  agreement  between  the  Nagar 
Panchayat  or  the  Council,  as  the  case  may  be,  and  such  persons  or  the  occupier  or  owner  of  such 
buildings or land; or 

(b) to incur any expenditure on such terms with regard to payment as may be settled as aforesaid 
for the construction, maintenance, repair or charge of any connection pipe or any electric supply lines 
or other works necessary for the purposes of such supply or for the extension of such supply or for the 
extension of such advantages. 

71. Budget.—(1) A Nagar Panchayat or a Council at a meeting specially convened for the purpose, 
two  months  before  the  close  of  the  financial  year,  shall  prepare  in  such  form  and  manner  as  may  be 
prescribed, a budget showing inter alia the probable receipts and expenditure during the ensuing year and 
after such revision as may appear requisite it shall pass the budget and such budget shall be submitted to 
the Director for obtaining approval of the State Government: 

Provided  that if  the  approval  is  not  intimated  within  one  month  from  the  date of  the receipt  of  the 
budget  by  the  State  Government  or  the  receipt  of  such  other  information  as  is  called  for  by  the  State 
Government, it shall be taken that the budget is approved. 

(2) The Nagar Panchayat or the Council may, from time to time, revise any estimates of expenditure 
with  the  view  of  providing  for  any  modification  which  it  may  deem  advisable  to  make  in  the 
appropriation  of  the  amount  at  its  disposal  and  such  revised  budget  shall  be  passed  in  the  manner 
provided in sub-section (1). 

(3)  When  the  budget  has  been  passed,  the  Nagar  Panchayat  or  the  Council  shall  not  incur  any 
expenditure  under  any  of  the  heads  of  the  budget  in  excess  of  the  amount  sanctioned  under  that  head 
without  making  a  provision  for  such  excess  by  a  revision  of  the  budget  in  the  manner  specified  in  
sub-section (2). 

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72.  Accounts  and  audit.—(1)  Every  municipality  shall  maintain  such  accounts  for  every  financial 
year  in  such  forms  as  may  be  prescribed  and  submit  such  statement  to  the  Deputy  Commissioner,  the 
Director and the State Government and such accounts shall be audited by the Director, Local Fund Audit 
and Accounts of the Government of Manipur in such manner as may be prescribed. 

(2) The municipality shall comply with such directions as the State Government may deem fit to issue 

after going through the audit report respecting it. 

(3) The municipality shall pay out of the municipal fund such sum as may be determined by the State 

Government by way of charges for such audit. 

73. Finance Commission for municipalities.—(1) The State Finance Commission constituted under 
section 97 of the Manipur Panchayati Raj Act, 1994 (26 of 1994), shall also review the financial position 
of the municipalities and make recommendations to the Governor as to— 

(a) the principles which should govern— 

(i) the distribution between the State and the municipalities of the net proceeds of the taxes, 
duties, tolls and fees leviable by the State, which may be divided between them under this Act 
and  the  allocation  between  the  municipalities  at  all  levels  of  their  respective  shares  of  such 
proceeds; 

(ii)  the  determination  of  the  taxes,  duties,  tolls  and  fees  which  may  be  assigned  to,  or 

appropriated by, the municipalities; 

(iii) the grant-in-aid to the municipalities from the Consolidated Fund of the State; 

(b) the measures needed to improve the financial position of the municipalities; 

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound 

finance of the municipalities. 

(2)  The  Governor  shall  cause  every  recommendation  made  by  the  Commission  under  this  section 
together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature 
of the State.  

CHAPTER VIII 

MUNICIPAL TAXATION 

74. Power to impose taxes by and the funds of the municipalities.—The State Government may, 

from time to time, by notification in the Official Gazette— 

(a) authorize a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in 

accordance with such procedure and subject to such limits to be prescribed by it; 

(b)  assign  to  a  municipality  such  taxes,  duties,  tolls  and  fees  levied  and  collected  by  the  State 

Government for such purposes and subject to such conditions and limits to be prescribed by it; 

(c) provide for making such grant-in-aid to the municipalities from the Consolidated Fund of the 

State. 

75.  Taxes  which  may  be  imposed.—(1)  Subject  to  the  provisions  of  this  Chapter  and  with  the 
previous approval of the State Government, municipality may, from time to time, impose in the whole or 
in any part of the municipality any of the following taxes and tolls, namely:— 

(a) a tax on holding situated within the municipality assessed on their annual value, payable by 

the owner of the building or land or both; 

(b)  a  tax  on  all  or  any  of  the  vehicles,  other  than  covered  by  the  Motor  Vehicles  Act,  1988  
(59 of 1988), or animals used for riding, driving, draught or burden and used within the limits of the 
municipality whether they are actually kept within or outside the said limits; 

(c) an octroi on goods brought within the limits of the municipality for sale, consumption or use 

within such limits; 

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(d)  a  latrine-tax  payable  by  the  owners  or  occupiers  for  collections,  removal  and  disposal  of 
excrement  or  offensive  matter  from  latrines,  privies,  urinals,  cess-pools  or  compounds  by  the 
municipality, within the limits of the municipality; 

(e) a scavenging-tax; 

(f) lighting-tax where the lighting arrangement is made by the municipality; 

(g) a drainage tax where a system of drainage has been introduced by the municipality; 

(h) a tax on deeds of transfer of immovable property situated within the limits of the municipality; 

(i) a tax on advertisements made within the limits of the municipality other than non-commercial 

undertaking advertisements published in newspapers; 

(j) a water-tax where water is supplied by the municipality; 

(k)  market  fees  on  person  exposing  goods  for  sale  in  any  market  or  any  place  belonging  to  or 

under the control of the State Government or of the municipality; 

(l)  a  betterment  charge  on  properties  the  value  of  which  may  be  increased  as  a  result  of  town 

planning scheme implemented by the municipality; and 

(m) any other tax, toll, rate, charge or fee. 

(2) With the previous sanction of the State Government a municipality may, from time to time, charge 
a fee in respect of the issue and renewal of any licence which may be granted by the municipality under 
this Act and in respect of which no fee is leviable under sub-section (1). 

(3)  Subject  to  the  provisions  of  any  law  that  may  be  made  by  Parliament,  any  tax  or  fee  which 
immediately  before  the  commencement  of  this  Act,  was  being  lawfully  levied  under  the  Manipur 
Municipalities Act, 1976 (Manipur Act 26 of 1976) notwithstanding that such tax or fee is not specified in 
sub-section (1) shall continue to be levied by the Nagar Panchayat or, as the case may be, by the Council. 

(4)  The  State  Government  may  from  time  to  time  direct  the  municipality  to  impose  any  tax  or  to 

modify the rate of any tax already imposed. 

(5)  On  default  of  the  municipality  to  comply  with  the  decision  under  sub-section  (4)  within  three 
months from the receipt of the direction the municipality may be required to furnish reason as to why the 
tax should not be imposed or modified, as the case may be. 

76.  Tax  on  Government  holdings.—Notwithstanding  any  provisions  to  the  contrary  all  municipal 
taxes  including  services  charges  except  under  clause  (a)  of  sub-section  (1)  of  section  75  in  respect  of 
Government holdings shall be payable to municipality by the Government Department which is in control 
and management of the holdings. 

77. Restriction regarding tax on holding.—The State Government shall have the power to exempt 
by an order published in the Official Gazette any class of building or holding from levying any tax under 
section 75 of this Act. 

78. Collection of taxes are subject to bye-law, etc.—All the taxes mentioned in section 75 shall be 

collected in the manner provided in the bye-laws. 

79.  Nagar  Panchayat  or  Council  to  determine  the  valuation  of  holding.—When  it  has  been 
decided to impose any tax on the annual value of holdings, the assessor after making such enquiries as 
may  be  necessary,  shall  determine  the  valuation  of  all  holdings  within  the  municipality  as  hereinafter 
provided, and shall enter the same in a list called the valuation list, which shall be in the prescribed form: 

Provided that valuation other than general valuation may be made by the municipality through such 

person as may be authorised by the municipality in this behalf. 

80.  Returns  required  for  ascertaining  annual  value.—The  assessor,  in  order  to  prepare  the 
valuation  list,  may  whenever  he thinks  fit,  by  notice require the  owners  or occupiers  of  all  holdings  to 
furnish him, within fifteen days with returns of the rent or annual value thereof and a description of the 
holdings in such detail as the municipality may direct; and the assessor, at any time between sunrise and 
sunset may enter, inspect and measure any such holdings:  

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Provided that at least forty-eight hours, previous notice of the intention to enter, inspect and measure 

any holding shall be given to the owner or occupier thereof, unless he waives his right to such notice. 

81.  Penalty  for  default  in  furnishing  return  and  for  obstruction  of  assessor.—(1)  Whoever 
refuses or fails to furnish any such return for the period of fifteen days from the day on which he has been 
required  to  do  so,  or  knowingly  furnishes  a  false  or  incorrect  return  or  description  shall  be  punishable 
with fine not exceeding five hundred rupees and with further fine not exceeding fifty rupees for each day 
during which he omits to furnish a true and correct return. 

(2) Whoever obstructs, hinders or prevents the assessor appointed by the municipality from entering 
or inspection  or  measuring  any  such  holding  shall be  punishable  with fine  not exceeding  two thousand 
rupees. 

82. Determination of annual value of holdings.—“Annual value” means— 

(a)  in  the  case  of  hotels,  colleges,  schools,  hospitals,  factories  and  such  other  buildings,  a 
proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained 
by adding the estimated present cost of erecting the building, less depreciation at the rate to be fixed 
by rule to the estimated value of the land appurtenant thereto, and 

(b)  in  the  case  of  a  building  or  land  not  falling  within  the  provisions  of  clause  (a),  the  gross 
annual  rent  for  which  such  buildings,  exclusive  of  furniture  or  machinery  therein  or  such  land  is 
actually let, or where the building or land is not let or in the opinion of the municipality is let  for a 
sum less than its fair letting value, might reasonably be expected to let from year to year: 

Provided  that  where  the  annual  value  of  any  building  would,  by  reason  of  exceptional 
circumstances, in the opinion of the municipality be excessive if calculated in the aforesaid manner, 
the municipality may fix the annual value at any less amount which appears to it suitable: 

Provided further that the rules framed in this behalf shall be subject to the prior approval of the 

Government. 

83. Determination of rate of tax on holding.—The mode of procedure and system of tax on the land 
and holdings will be such as may be prescribed by the rules to be framed by Government from time to 
time in this behalf. 

84. Preparation of assessment register.—As soon as possible after the percentage at which the tax 
is to be levied shall have been determined under section 83, the municipality shall cause to be prepared an 
assessment  register  which  shall  contain  the  following  particulars,  and  any  other  matters  which  the 
municipality may think proper to include— 

(a) number of the holding on the register with the name of the road, if any, in which the holding is 

situated; 

(b) annual value of the holding (as stated in the valuation list); 

(c) names of owner and occupier; 

(d) amount of tax payable for the financial year; 

(e)  amount  of  taxes  payable  separately  under  clause  (a),  (d),  (f)  or  (j)  of  sub-section  (1)  of  

section 75; 

(f) amounts of quarterly instalments; and 

(g) if the holding is exempted from assessment, a note to that effect. 

85.  Powers  to  assess  consolidated  tax  for  building  and  land  on  which  it  stands.—(1)  If  any 
building  belongs  to  one  owner  and  the  land  on  which  it  stands  and  any  adjacent  land  which  is  usually 
occupied therewith  belongs  to  another  the  municipality  may  value  such  building  and  land  together  and 
may impose thereon one consolidated tax. 

(2) The total amount of the tax shall be payable by the owners of the building, who shall thereafter be 
entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him as is 
equal to the proportion which such rent bears to the annual value of the holdings. 

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(3) In case of disputes, the municipality shall determine what amount the owner of the building and of 

the land shall pay respectively. 

86. Reduction of valuation, revision of valuation and assessment and revision of valuation list 
and assessment register.—(1) The municipality may, at any time, direct an alteration in, or amendment 
of the assessment register— 

(a) by entering therein the name of any person or any property which in its opinion ought to have 
been  entered,  or  any  property  which  has  become  liable  to  taxation  after  the  preparation  of  the 
assessment register, or 

(b) by substituting therein with effect from the date of succession or transfer, as the case may be, 
for the name of the owner of any holding the name of any other person who has succeeded by transfer 
or otherwise, to the ownership of the holding, or 

(c)  by  altering  the  valuation  of  or  assessment  on  any  holding  which  in  its  opinion  has  been 

incorrectly valued or assessed, or 

(d) by re-valuing or re-assessing any holding the value of which has been increased by additions 

or alterations to buildings, or 

(e) by reducing, upon the application of the owner the valuation of any holding which has been 
wholly  or  partly  demolished  or  destroyed,  or  the  value  of  which  has  diminished  from  any  cause 
beyond the control of the owner, or 

(f) by correcting any clerical or arithmetical error. 

(2) The municipality shall give at least one month’s notice to any person interested in any alteration 

which the municipality proposes to make under clause (a), (b), (c) or (d) of sub-section (1). 

(3)  Every  alteration  made  under  sub-section  (1)  in  the  assessment  register  shall  be  signed  by  the 

Chairperson or the Vice-Chairperson. 

87. Notice to be given to Chairperson, of transfers of title of persons liable of payment of tax.—
(1)  Whenever  the  title  to  any  holding  is  transferred  both  the  transferor  and  the  transferee  shall  for  the 
purpose  of  clause  (b)  of  sub-section  (1)  of  section  86  within  three  months  after  the  execution  of  the 
instrument  of  transfer,  or  if  no  such  instrument  is  executed,  within  three  months  after  the  transfer  is 
effected, give notice in writing of such transfer to the municipality. 

(2) in the event of  the death of the person in whom such title vests, the person to whom as heir or 
otherwise, the  title  of  the  deceased  is transferred by  descent  or  demise,  shall  within one  year, from  the 
death of the deceased, give notice in writing of such succession to the municipality. 

(3) Every person liable for the payment of taxes on any holding, who transfers his title to or over such 
property,  without  giving  notice  of  such  transfer  to  the  municipality,  as  aforesaid,  shall  unless  the 
municipality on the ground of hardship arising out of special circumstances, otherwise directs, continue to 
be liable for the payment of all such taxes from time to time payable in respect of the said property until 
he gives such notice, or until the transfer shall have been recorded in the municipal books. 

(4) The municipality may levy a fee not exceeding one hundred rupees for every such transfer of title 

to a holding in addition to the tax provided for in clause (a) of sub-section (1) of section 75. 

88. Revisions of valuation list.—(1) A new valuation list shall, unless otherwise ordered by the State 

Government, be prepared in the same manner as the original list, once in every five years. 

(2) Subject to any alteration or amendment made under section 86 and to the result of any application 
made under section 95 every valuation list or the assessment register shall be valid from the date on which 
the list or register takes effect in the municipality. 

89.  Appointment  of  assessor  and  power  of  State  Government  to  direct  the  appointment  of 
assessor.—(1) The municipality, for the purpose of general valuation may, with the concurrence of the 
Government, appoint an assessor who shall neither be an employee nor a Councillor of the municipality 
on such pay and with such establishment as it may determine. 

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(2)  Notwithstanding  anything  contained  in  section  88  if  at  any  time  it  appears  to  the  State 
Government  that  the  valuation  in  any  municipality  is  insufficient,  excessive  or  inequitable,  the  State 
Government may, by an order in writing, require the municipality to revise the valuation or to show cause 
against revision within a specified time, and if the municipality fails to comply with the order or in the 
opinion  of  the  Government  the  cause  shown  is  inadequate,  the  State  Government  may  by  an  order  in 
writing require the municipality to appoint with the approval of the State Government an assessor for the 
municipality within a time and for a period to be specified in the order. The order shall fix the pay of the 
assessor and the cost of his establishment, and the pay and cost shall be paid monthly by the municipality. 

90. Revision of assessment register.—Whenever the valuation list is revised or altered wholly or in 
part  or a  new  percentage  is  fixed  under  section  83  the  assessment register  also shall  be  revised  and  all 
consequential changes, made therein. 

91.  Effect  of  revision  of  assessment  register.—The  first  assessment  register  prepared  for  any 
municipality under the Act and any revision thereof or alteration therein made under the foregoing section 
shall  subject  to  the  provision  of  sections  86  and  96  take  effect,  from  the  beginning  of  the  quarter 
following the publication of the notice mentioned in sections 96. 

92.  Exemptions  and  remission.—(1)  The  taxes  mentioned  in  clauses  (a),  (g)  and  (l)  of  
sub-section (1) of section 75 shall not be assessed or levied on any building which is used exclusively as a 
place of public worship, or on any holding which is duly registered as a public burial or burning ground 
under this Act. 

(2)  The  municipality  may  exempt  from  assessment  of  the  tax  mentioned  in  clause  (a)  of  

sub-section (1) of section 75 on any holding used for the purpose of a public charity. 

(3)  The  municipality  may  reduce  the  amount  payable  on  account  of  any  of  the  taxes  mentioned  in 
clauses (a), (b), (f) and (i) of sub-section (1) of section 75 or remit the same on the ground of excessive 
hardship to the person liable to pay the same: 

Provided that such reduction or remission shall not, unless renewed by the municipality, have effect 

for more than one financial year. 

93. Power of assessor.—An assessor appointed by the municipality under section 89 shall exercise 

all such powers of valuation as may be vested in him by the municipality or as may be prescribed. 

94. Publication of notice of assessment.—(1) When the valuation list mentioned in section 79 and 
the assessment register mentioned in section 84 shall have been prepared or revised the Chairperson shall 
sign the same and shall cause them to be deposited in the office of the Nagar Panchayat or as the case 
may  be,  of  the  Council,  and  shall  cause  a  notice  to  be  published  in  such  form  and  manner  as  may  be 
prescribed. 

(2) In all cases in which any property is for the first time assessed or the assessment is increased, the 

Executive Officer shall also give notice thereof to the owner or occupier of the property. 

95. Application for review.—(1) Any person who is dissatisfied with the amount assessed upon him 
or with the valuation or assessment of any holding or who disputes his occupation of any holding or his 
liability to be assessed, may apply to the municipality to review the amount of assessment of valuation or 
to exempt him from the assessment of tax: 

Provided that no application shall be entertained unless the applicant has paid all arrears of dues to the 
municipality accorded up to the date of such application other than the sum which has been enhanced by 
the valuation or assessment against which the review application has been filed. 

(2) When an assessor has been appointed under section 89 notice of every such application shall be 

given by the municipality to the assessor. 

96.  Procedure  for  review.—(1)  Every  application  presented  under  section  95  shall  be  heard  and 

determined by a Committee consisting of not more than five members. 

(2)  The  Chairperson  or  the  Vice-Chairperson  shall  be  one  of  the  members  of  such  committee  
ex officio, and the other members shall be appointed from among the Councillors by the Nagar Panchayat 
or, as the case may be, by the Council: 

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Provided that no member so appointed shall take part in hearing or determining any application from 
the  ward  in  which  he  resides,  or  in  the  case  of  an  elected  member  the  ward  which  he  represents,  but 
nothing in this  proviso, shall prevent any such member from  giving evidence with regard to the matter 
under enquiry. 

(3) No such application shall be heard or determined by the committee unless at least three members 

including the Chairperson or the Vice-Chairperson are present. 

(4) The committee shall give notice to the applicant of the time and place at which application shall 
be heard, and after taking such evidence and making such enquiries as may be deemed necessary in the 
presence of the objector or his agent, if he appears the committee shall pass such orders as it may deem fit 
in respect of such application. 

(5) If the committee orders that any valuation to which the application relates shall be reduced, brief 

reasons for such reduction shall be recorded. 

(6)  The  decision  of  the  committee  or  of  a  majority  of  the  members  thereof,  in  respect  of  any 

application referred to in this section shall be final. 

97.  Limitation  of  time  for  application  for  review.—Unless  good  cause  shall  be  shown  to  the 
satisfaction  of  the  committee  referred  to  in  section  96  for  extending  the  time  allowed,  and  save  as  is 
otherwise  expressly  provided  in  this  Act,  no  such  application  shall  be  received  after  the  expiry  of  one 
month  from  the  date  of  publication  of  the  notice  required  by  section  94  relating  to  the  list  or  register 
containing the assessment, in respect of which the application is made, or after the expiry of fifteen days 
from  the  date  of  service  of  the  first  notice  of  demand  for  payment  at  the  rate  in  respect  of  which  the 
application is made whichever period shall last expire: 

Provided  that,  if  the  municipality  has  served  a  notice  under  section  94  on  any  person,  no  such 

application shall be received from him after the expiry of fifteen days from the date of such service. 

98. Assessment to be questioned only under Act.—No objection shall be taken to any assessment 

or valuation in any other manner than is provided in this Act. 

99. Tax not invalid for want of form.—No assessment of tax on property and no charge or demand 
of  any  tax  made  under  authority  of  this  Act  shall  be  invalid  for  error,  defect  in  form,  and  it  shall  be 
enough in any valuation or assessment for purpose if the property so valued or assessed is so described as 
to be generally known and it shall not be necessary to name the owner or occupier thereof. 

100. Procedure for imposing taxes, recovery of claims, etc.—The various procedure that may be 
prescribed by the Government from time to time will be followed for imposing and recovery of tax, tolls, 
fees and rates under this Act. 

CHAPTER IX 

RECOVERY OF MUNICIPAL CLAIMS 

101. Recovery from occupier of tax due from non-resident.—If any tax payable under this Act by 
the owner of any holding remains unpaid after the notice of demand has been duly served, and if such 
owner is not resident within the municipality, or the  place of abode of such owner is unknown, the tax 
may be recovered from the occupier for the time being of such holding, who may deduct, from the next 
and following payments of his rent the amount which may be so paid by or recovered from him: 

Provided that if any such holding is occupied by more than one person, the sum to be recovered from 
any  one  of  such  persons shall  be  proportionate to the  value of the  part of the holding  in the respective 
occupation of such persons. 

102. Recovery from owner of occupier's tax in certain cases.—If any holding is occupied by more 
than one tenant holding severally it shall be lawful for the municipality, to recover from the owner of such 
holding, any taxes payable under this Act by the occupier of the holding. 

103. Recovery by owner of occupier’s tax paid by owner.—Whenever any tax shall be recovered 
from any owner of any holding under the provisions of section 102, it shall be lawful for such owner, if 
there shall be but one occupying tenant of such entire holding, to recover from such tenant of the entire 
amount of the tax which shall have been so paid by such owner, and if there shall be one occupying tenant 
of a part of such holding, or more than one occupying tenant of such holding then to recover from each 

33 

 
tenant such sum as shall bear to the entire amount of tax which may have been so recovered from such 
owner  at  the  same  proportion  as  the  value  of  the  proportion  of  such  holding  in  the  occupation  of  each 
tenant bears to the entire value of such holding. 

104. Method of recovery by owner.—Every owner who under the provisions of section 102 may be 
entitled  to  recover  any  sum  from  any  occupying  tenant  of  any  holding  or  of  any  portion  thereof,  shall 
have  for  the  recovery  of  such  sum  all  such  and the same  remedies,  powers,  rights  and  authorities  as if 
such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be 
in the occupation of such tenant. 

105. Penalty.—Whoever keeps or is in possession of any cart, carriage or animal without the licence 
as  required  under  this  Act  shall  be  liable  to  a  fine  not  exceeding  four  times  the  fee  payable  by  him  in 
respect of such licence, in addition to the licence fee due. 

106. Municipality may compound with livery stablekeepers.—The municipality,  may compound 
for  any  period  not  exceeding  one  year,  with  livery  stablekeepers  and  other  persons  keeping  carts, 
carriages or animals for hire, for a certain sum to be paid for the carts, carriages or animal so kept by such 
person in lieu of the licence fees specified in any order made by the municipality. 

107.  Rents,  tolls  and  fees  in  respect  of  markets.—(1)  The  municipality  may  use  its  own  land  or 
building,  or  purchase,  take  on  lease  or  otherwise  acquire  any  land  or  building  for  the  purpose  of 
establishing a municipal market or improving any existing municipal market. 

(2) The municipality may levy rents, tolls and fees at such rates as it may think proper for the right to 
expose goods for sale in a municipal market and for the use of shops, stalls and standings therein and may 
also regulate such rates in respect of private markets or places used or declared by the municipality as a 
market place by a public notice in the locality. 

(3) The municipality may grant a lease for a period not exceeding three years for collection of rents, 

tolls and fees in municipal markets at the rates fixed by the municipality under sub-section (2). 

(4) A lessee of a municipal market appointed under sub-section (3) may refuse to allow any person to 
expose goods for sale in the market or to use shops, stalls and standings therein until the proper rents, tolls 
and fees have been paid. 

(5) Whoever, having rendered himself liable to the payment of rents, tolls or fees refuses to pay the 

same shall be punishable with fine which may extend to five hundred rupees. 

(6)  When  resistance  is  offered  to  any  person  authorised  to  collect  rents,  tolls  or  fees,  any  police 
officer whom he may call to his aid, shall be bound to assist him; and such police officer shall, for that 
purpose have the same powers as he has in the exercise of his ordinary police duties. 

108. Recovery of taxes as arrears of land revenue.—(1) Where any sum is due on account of a tax, 
other  than  octroi  or  tolls  or  any  similar  tax  payable  upon  immediate  demand,  from  a  person  to  a 
municipality, the municipality may, without prejudice to any other mode of recovery provided in this Act 
apply  to  the  Deputy  Commissioner  to  recover  such  sum  together  with  costs  of  proceedings  incurred  in 
that behalf. 

(2)  The  Deputy  Commissioner,  on  being  satisfied  that  the  sum  mentioned  in  the  application  under 
sub-section (1) is due, shall proceed to recover it as soon as may be thereafter, as arrears of land revenue. 

109.  Power  to  sell  unclaimed  holdings  for  money  due.—(1)  If  money  be  due  under  this  Act  in 
respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable 
under this Act, if the owner of such holding or his whereabouts are unknown or the ownership thereof is 
disputed or when the owner lives outside the municipality and has failed to pay it in spite of service of 
demand notice twice, the municipality may publish twice, at an interval of three months, a notification of 
sale  of  such  holding  and  after  the  expiry  of  not  less  than  three  months  from  the  date  of  the  last 
publication,  unless  the  amount  recoverable  be  paid,  may  sell  such  holding  to  the  highest  bidder,  who 
shall, at the time of sale, deposit forthwith twenty-five per cent, of the purchase money. The balance shall 
be paid within fifteen days of the date of sale. In default of payment of the balance amount, the money if 
any, so deposited shall be forfeited and the holding shall be re-sold. After deducting the amount due to the 
municipality, the surplus sale-proceeds, if any, shall be credited to the municipal fund and may be paid on 

34 

 
demand to any person who establishes his right of claim to the satisfaction of such municipality or in a 
Court of competent jurisdiction. 

(2)  Any  person  may  pay  the  amount  due  at  any  time  before  the  completion  of  the  sale  and  may 
recover such amount by a suit in a Court of competent jurisdiction from any person beneficially interested 
in such property. 

110.  Writing  off  irrecoverable  sums  due  to  the  Nagar  Panchayat  or  to  the  Council.—The 
irrecoverable sum due to a Nagar Panchayat, or as the case may be, to a Council may be written off in 
such manner and by such authority as may be prescribed. 

CHAPTER X 

MUNICIPAL POWER AND OFFENCES  

Powers in respect of road 

111. Power to make roads.—(1) A Nagar Panchayat or as the case may be, a Council may— 

(a) layout or make new public road; or 

(b)  widen,  open,  enlarge  or  otherwise  improve  any  public  road and  construct tunnels  and  other 

works subsidiary to such road; or 

(c) divert, discontinue or close permanently any public road; or 

(d) sell or lease the land forming such road or any part thereof, acquired for the purpose of such 

road or for any other purpose of this Act: 

Provided  that  no  such  public  road  shall  be  discontinued,  permanently  closed  or  used  for  any  other 

purposes without the previous sanction of the Government. 

(2)  In  laying  out,  making,  turning,  diverting,  widening,  opening;  enlarging  or  otherwise  improving 
any public road, the Nagar Panchayat or the Council may, in accordance with the provisions of this Act, 
acquire land required for the carriage-way, footways and drains thereof. 

112. Power to repair, etc., of private road, drains, etc.—(1) Where a Nagar Panchayat or a Council 
considers that in any road not being a public road, or in any part of such road within the municipality, it is 
necessary  for  the  public  health,  convenience  or  safety  that  any  work  should  be  done  for  the  levelling, 
paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the Nagar Panchayat or as 
the case may be, the Council may, by written notice, require the owner or owners of the several lands or 
buildings fronting or adjoining the said road or abutting thereon to carry out such work in such manner 
and within such time as may be specified in such notice. 

(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Nagar 
Panchayat or the Council, the expenses thereby incurred, shall be apportioned by the Nagar Panchayat or 
the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it 
necessary, to the amount and value of any work already done by the owners or occupiers of such lands 
and buildings. 

(3)  After  such  work  has  been  carried  out  by  the  owner  or  by  the  owners  or  on  the  failure  of  the 
owners to do so, by the Nagar Panchayat or the Council at the expenses of such owners the road or part 
thereof  in  which  such  work  has  been  done,  may,  and  on  the  joint  requisition  of  a  majority  of  the  said 
owners, shall be declared by public notice put up therein by the Nagar Panchayat or the Council to be a 
public road. 

113. Prohibition of use of public roads by a class of animals, carts or vehicles.—(1) The Nagar 
Panchayat or as the case may be, the Council may, by public notice prohibit or regulate the driving, riding 
or leading of animals or vehicles of any particular kind along any public road or part of any such road. 

(2)  Any  person  who  disobeys  an  order  passed  by  the  Nagar  Panchayat  or  as  the  case  may  be,  the 
Council under the provisions of sub-section (1) shall be punishable with fine not exceeding two hundred 
rupees. 

35 

 
 
 
114. Penalty for encroachment on public roads, etc.—Any person, who without the permission of 

the Nagar Panchayat or of the Council,— 

(a) encroaches upon any public road or house-gully  or upon any public drain, sewer, aqueduct, 
water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or 
other obstruction, or by deposing any movable property thereon, or 

(b) takes up or alters the pavements or other materials, fences or posts on any public road,  

shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees 
and with a further fine not exceeding two hundred rupees for every day during which the encroachment 
continues after the first conviction. 

115. Use of public road or place by vendors and other person and penalty thereof.—(1) Subject 
to the provisions of this Act and the rules and bye-laws made thereunder, no itinerant vendor or any other 
person  shall  use  or  occupy  any  public  road  or  place  for  the  sale  of  articles  or  for  the  exercise  of  any 
calling,  or  for  setting  up  any  booth  or  stall  without  the  permission  of  the  Nagar  Panchayat  or  of  the 
Council. 

(2) Whoever violate the provision of sub-section (1) shall be punishable with fine which may extend 
to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every 
subsequent offence after the first conviction. 

116. Power to remove obstructions, encroachments and projections in or on public road, etc.—
The  Nagar  Panchayat  or  as  the case  may  be,  the  Council  may,  notwithstanding  any  proceedings  which 
may  have  been  started  against  him  under  this  Act,  issue  a  notice  requiring  any  person  to  remove  any 
building which he may have built or any fence, rail, post or other obstruction or encroachment which he 
may  have  erected  or  stacked,  on  any  part  of  a  public  road,  house-gully,  public  drain,  sewer,  aqueduct, 
watercourse, ghat or any land vested in the Nagar Panchayat or in the Council and, if such person fails to 
comply  with  such  requisition  within  forty-eight  hours  of  the  receipt  of  the  same,  the  Sub-Divisional 
Magistrate may, on the application of the Nagar Panchayat or of the Council, order that such obstruction 
or encroachment be removed and thereupon  the Nagar Panchayat or the Council may remove any such 
obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or 
stacked the same. 

117.  Procedure when  person who erected  obstruction  cannot  be found.—(1)  If  the  person  who 
built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred 
to in the preceding section is not known or cannot be found, the Nagar Panchayat or as the case may be, 
the Council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or 
other obstruction or encroachment requiring any person interested in the  same to remove it, and it shall 
not be necessary to name any person in such requisition. 

(2)  If  the  said  building,  fence,  rail,  post  or  other  obstruction  or  encroachment  be  not  removed  in 
compliance  with  the  requisition  contained  in  such  notice  within  forty-eight  hours  of  the  posting  of  the 
same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or as the case may 
be,  the  Council,  order  that  such  obstruction  or  encroachment  be  removed,  and  thereupon  the  Nagar 
Panchayat  or  as  the  case  may  be,  the  Council  may  remove  any  such  obstruction  or  encroachment,  and 
may recover the cost of such removal, by sale of the materials so removed. 

(3) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on 
demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case 
may be, the Council or in any court of competent jurisdiction. 

118. Projections from buildings to be removed.—(1) The Nagar Panchayat or as the case may be, 
the  Council  may  issue a  notice  requiring  the  owner or  occupier of any  building  to  remove  or  alter  any 
projection, obstruction or encroachment erected or placed against or in front of such building, if the same 
overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the 
safe and convenient passage along any public road or house-gully, or obstructs, or projects or encroaches 
into or upon any drain, sewer or aqueduct in any public road or into or upon any public water-course or 
ghat or any land in the Nagar Panchayat or the Council, as the case may be. 

(2)  If  such  owner  or  occupier  fails  to  comply  with  such  requisition  within  forty-eight  hours  of  the 
receipt of the notice, or within such further time as the  Nagar Panchayat or the Council may allow  the 

36 

 
Sub-Divisional Magistrate may, on the application of Nagar Panchayat or of the Council, order that such 
projection, obstruction or encroachment be removed or altered; and thereupon the Nagar Panchayat or the 
Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense 
incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or 
occupier. 

(3) If the expense of removing or altering any such structure or fixture is paid by the occupier of the 
building,  in  any  case in  which  the  same  was  not  erected  by  himself,  he shall  be  entitled  to  deduct  any 
reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him 
to the owner of the building. 

119. Power of the District Magistrate and Sub-Divisional Magistrate to remove encroachment 
summarily  on  requisition  by  the  Government.—Notwithstanding  anything  contained  in  sections  116 
and  118,  a  District  Magistrate  or  a  Sub-Divisional  Magistrate  shall,  on  being  so  required  by  the 
Government, order any person responsible for any obstruction or encroachment or projection as specified 
in sections 116 and 118 to remove or alter such obstruction or encroachment or projection within a period 
of  not  less  than  forty-eight  hours  and  on  non-compliance  the  District  Magistrate  or  the  Sub-Divisional 
Magistrate as the case may be, shall remove such obstruction or encroachment or projection and realise 
the expenses, thereby incurred from the person concerned as fine in a Criminal Court: 

Provided  that  in  case  the  person  or  persons  responsible  for  such  obstruction,  encroachment  or 
projection  is  or  are  not  known  or  cannot  be  found  the  procedure  laid  down  in  section  117  shall  be 
followed. 

120.  Effect  of  order  made  under  section  116,  117,  118  or  119.—Every  order  made  by  a  Sub- 
Divisional Magistrate or a District Magistrate as the case may be, under section 116, 117, 118 or 119 shall 
be deemed to be an order made by him in the discharge of his judicial duty and the Nagar Panchayat or as 
the  case  may  be,  the  Council  shall  be  deemed  to  be  person  bound  to  execute  such  order  within  the 
meaning of the Judicial Officer’s Protection Act, 1850 (Act XVII of 1850 ). 

121.  Nagar  Panchayat  or  Council  may  require  land  holders  to  trim  hedges,  etc.—The  Nagar 
Panchayat or as the case may be, the Council may require the owner or occupier of any land within three 
days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any 
trees  or  bamboos  thereon  overhanging  the  public  road,  drain  or  tank,  or  any  well  used  for  drinking 
purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or 
drain or any property of the Nagar Panchayat or of the Council or likely to cause damage to person using 
any public road or likely to foul the water of any well or tank. 

122. Penalty for disobeying requisition under section 116, 117, 118 or 119.—Whoever, being the 
owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by 
the Nagar Panchayat or as the case may be, the Council under the provisions of section 116, 117, 118 or 
119  shall  be  punishable  with  fine  not  exceeding  two  thousand  rupees,  and  with  a  further  fine  not 
exceeding  one  hundred  rupees  for  every  day  during  which  the  default  is  continued  after  the  first 
conviction. 

123. Names of public roads and number of building.—(1) The Nagar Panchayat or as the case may 
be, the Council may cause a name to be given to any public road and to be fixed in such place as it may 
think fit, and may also cause a number to be affixed to every building, and in like manner may, from time 
to time, cause such names and numbers to be altered. 

(2) Any person who destroys, pulls down, defaces or alters any-name or number put up by the Nagar 
Panchayat  or  as  the  case  may  be,  the  Council  under  sub-section  (1)  shall,  for  every  such  offence  be 
punishable with fine which may extend to two hundred rupees. 

Building 

124. Erection of building without sanction.—(1) No person shall erect, materially alter or re-erect 
or  commence  to  erect,  materially  alter  or  re-erect  any  building  without  the  sanction  of  the  Nagar 
Panchayat or of the Council, as the case may be. 

(2)  Every  person  who  intends  to  erect,  materially  alter  or re-erect  any  building  shall  give  notice  in 

writing to the Nagar Panchayat or as the case may be, to the Council of such erection. 

37 

 
 
(3)  When  bye-laws  have  been  framed  under  this  Act  no  notice  under  sub-section  (2)  shall  be 

considered to be valid until such notice has complied with the provision of the bye-laws. 

Explanation.—An alteration in a building for the purposes of this section and of bye-laws be deemed 

to be material if it— 

(a) affects or is likely to affect prejudicially the stability or safety of the building, or the condition 

of the building in respect of drainage, ventilation, sanitation or hygiene; 

(b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or 

of any room in the building. 

(4)  In  the  municipalities  where  water  works  are  maintained  it  shall  be  compulsory  for  persons 
erecting  or  re-erecting  buildings  costing  rupees  two  lakhs  or  more  (excluding  cost  of  land  and  of 
improvement of land) to install sanitary latrines. The municipality shall withhold sanction if the plan and 
specification of the building submitted with the notice do not contain provision for installation of sanitary 
latrines. 

125. Special provision for cases where bye-laws have not been made.—In any case in which no 
bye-laws have been made under this Act the Nagar Panchayat or as the case may be, the Council may, 
within  fourteen  days  of  the  receipt  of  the  notice  required  by  sub-section  (2)  of  section  124,  require  a 
person  who  has  given  such  notice  to furnish,  within one  week  of the  receipt by  him  of  the  requisition, 
information on all or any of the matters as to which bye-laws might have been made and in such case the 
notice shall not be valid until such information has been furnished. 

126.  Powers  of  Nagar  Panchayat  or  the  Council  to  sanction  or  refuse.—(1)  Within  sixty  days 
after the receipt of the notice, required by sub-section (2) of section 124, the Nagar Panchayat or as the 
case  may  be,  the  Council  may  refuse  to  sanction  the  building  or  may  sanction  it  either  absolutely  or 
subject  to  such  modification  as  it  may  deem  fit  in  respect  of  all  or  any  of  the  matters  specified  in  
bye-laws and the person erecting, materially altering or re-erecting any such building as aforesaid shall 
comply with the sanction of the Nagar Panchayat or as the case may be, the Council as granted in every 
particular. 

(2) When within a period of sixty days, the Nagar Panchayat or the Council fails, after the receipt of a 
valid notice, to make and deliver to the person who has given such notice, an order of sanction or refusal 
in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely: 

Provided that the time taken by the applicant in furnishing any information requisitioned by the Nagar 
Panchayat or by the Council, if any, after the receipt of the valid notice shall not be counted in the period 
of sixty days referred to in this sub-section. 

Explanation.—The  Nagar  Panchayat  or  the  Council  may  refuse  to  sanction  the  erection,  material 
alteration  or  re-erection  of  any  building  either  on  the  grounds  affecting  the  particular  building  or  in 
pursuance of general scheme adopted by the Nagar Panchayat or by the Council at a meeting restricting 
the erection or re-erection of building or any class of building within specified limits for the prevention of 
overcrowding  or  in  the  interest  of  the  residents  within  such  limits  or  for  any  other  public  purpose. 
Permission may also be refused in any case in which there is any dispute between the Nagar Panchayat or 
as the case may be, the Council and the applicant as to the title of the land on which it is proposed to erect 
the building until such dispute is decided. 

127. Lapse of sanction.—A permission to erect, materially alter or re-erect building granted under 
this Chapter or deemed to have been given by the Nagar Panchayat or as the case may be, the Council, 
shall unless it is renewed on an application made to the Nagar Panchayat or the Council for this purpose 
continue only for one year after the date on which it is granted. 

128.  Penalty  for  building  without  or  in  contravention  of  sanction.—Whoever  erects,  materially 
alters  or re-erects  or  commences  to  erect,  materially  alter  or re-erect  any  building  without the  previous 
sanction of the Nagar Panchayat or as the case may be, the Council or in contravention of any directions 
given  by  the  Nagar  Panchayat  or  as  the  case  may  be,  the  Council  granting  sanction  under  section  123 
shall be liable to a fine not exceeding one thousand rupees for every such offence, and to a further fine not 
exceeding  two  hundred  rupees  for  each  day  during  which  the  offence  is  continued  after  his  first 
conviction. 

38 

 
129. Power of a Nagar Panchayat or a Council in case of disobedience.—(1) If the construction of 

a building is started, or if a building is materially altered or erected— 

(a) without sanction as required by section 126 (1); or 

(b) without notice as required by section 124 (2); or 

(c) when sanction has been refused; or 

(d) in contravention of the terms of any sanction granted; or 

(e) when the sanction has lapsed; or 

(f) in contravention of any bye-laws made under clause (vi) of sub-section (1) of section 209, 

the  Nagar  Panchayat  or  as  the  case  may  be,  or  the  Council  may,  by  notice  to  be  delivered  within  a 
reasonable  time,  require the  building  to  be  altered  or  demolished  as  it  may  deem  necessary,  within  the 
period of thirty days from the date of the service of such notice: 

Provided that the Nagar Panchayat or as the case may be, or the Council may instead of requiring the 
alteration  or  demolition  of  any  such  building  accept  by  way  of  composition  such  sum  as  it  may  deem 
reasonable. 

(2) Any person who fails to comply with a requisition issued by the Nagar Panchayat or as the case 
may be, or the Council under the provisions of sub-section (1) shall be liable to a fine not exceeding five 
hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the 
person continues to make such default after service on him of such requisition. 

130. Roofs and external walls not to be made of inflammable materials.—The Nagar Panchayat 
or as the case may be, the Council by written notice, may require any person who has made any external 
roof  or  wall  with  thatch  mats,  leaves  or  other  inflammable  materials  and  in  contravention  of  bye-laws 
made under section 209 to remove or alter such roof or wall within a period to be specified in the notice. 

131. Power to attach brackets for lamps.—The Nagar Panchayat or as the case may be, the Council 
may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as 
not to occasion any injury thereto or inconvenience. 

132.  Building  unfit  for  human  habitation.—(1)  If  a  building,  or  a  room  in  a  building  is  in  the 
opinion  of  the  Nagar  Panchayat  or  as  the  case  may  be,  the  Council  unfit  for  human  habitation  in 
consequence of the want of proper means of drains or ventilation or otherwise, the Nagar Panchayat or as 
the  case  may  be,  the  Council  may,  by  notice,  prohibit  the  owner  or  occupier  thereof  from  using  the 
building  or  room  for  human  habitation  or  suffering  it  to  be  so  used  whether  absolutely  or  not  unless, 
within a time to be specified in the notice he effects such alteration therein as is specified in the notice. 

(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, the 
Nagar Panchayat or as the case may be, the Council may require by further notice the demolition of the 
building or room. 

(3)  Any  person  who  uses  a  building  or  room  or  suffers  to  be  used  contrary  to  the  provision  of  
sub-section (1) shall be punishable with fine not exceeding five hundred rupees, and with a further fine 
not  exceeding  one  hundred  rupees  for  every  day  during  which  the  offence  is  continued  after  the  first 
conviction. 

133.  Pending  of  building  in  dangerous  state.—(1)  A  Nagar  Panchayat  or  as  the  case  may  be,  a 

Council may require by notice the owner or occupier of any land or building— 

(a) to demolish, secure or repair within eight days from the date of service of the notice in such 
manner as it deems necessary any building, portion of a building, wall or other structure or anything 
affixed  thereto  which  appears  to  it  to  be  in  ruinous  condition  or  dangerous  to  inmates  if  any,  
passers-by or other property, or 

(b) to repair, secure or enclose, within eight days from the date of service of the notice, in such 
manner  as  it  deems  necessary  any  tank,  well  or  excavation  belonging  to  such  owner  or  in  the 
possession of such occupier which appear to the Nagar Panchayat or the Council to be dangerous to 
persons by reason of its situation, want of repairs or other such circumstances. 

39 

 
 
(2) Where it appears to the Nagar Panchayat or the Council that immediate action is necessary for the 
purpose  of  preventing  imminent  danger  to  any  person  or  property,  it  shall  be  the  duty  of  the  Nagar 
Panchayat  or  as  the  case  may  be,  of  the  Council  to  take  immediate  action  and  recover  the  expense  so 
incurred from the owner or occupier of the building or the owner or occupier of the land to which such 
building or other structure or anything is affixed. 

134. Nagar Panchayat or Council may require owners to pull down ruins.—Whenever it appears 
to the Nagar Panchayat or Council that any building by reason of abandonment or disputed ownership or 
other cause is undaunted or by reason of having fallen into ruins, affords facilities for the commission of a 
nuisance  by  disorderly  persons  or  for  the  harbouring  of  snakes  or  other  noxious  animals,  the  Nagar 
Panchayat or the Council may require the owner of such building or the land  to which such building is 
attached, to properly secure the same, or to remove or level such ruins, as the case may require. 

135. Penalty for disobeying requisition under sections 133 and 134.—Any owner or occupier of a 
house or land who fails to comply with requisition issued by the Nagar Panchayat or the Council under 
the provisions of sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding 
one  thousand  rupees,  and  to  a  further  penalty  not  exceeding  two  hundred  rupees,  for  every  day  during 
which  the  default  is  continued  after  the  expiry  of  eight  days  from  the  date  of  service  on  him  of  such 
requisition. 

136. Compensation for prohibition of erection or re-erection.—Subject to any other provision in 
this Act as regard compensation, no compensations shall be claimable by an owner for any damage which 
he may sustain in consequence of the prohibition of the erection of any building. 

Powers connected with drains 

137. Power to require owners to clear noxious vegetation.—The Nagar Panchayat or the Council 
may, by notice, require the owner or occupier of any land within such time as the Nagar Panchayat or the 
Council  may  fix  to  cut  and  remove  any  tree  or  bamboos  or  branches  thereof,  or  eradicate  and  destroy 
vegetation and undergrowth which may appear to the Nagar Panchayat or the Council to be insanitary, 
injurious  to  health  or  offensive  to  the  neighbourhood  or  to  be  causing  or  likely  to  cause  damage  or 
destruction to any crop growing or to be grown, or to be obstruction or likely to obstruct the free passage 
for men or animals along a public road, or of any boat of stream vessel along a public water way. 

138.  Power  to  require  owners  to  improve  bad  drainage.—Whenever  any  land,  being  private 
property  or  within  any  private  enclosure,  appears  to  the  Nagar  Panchayat  or  the  Council  by  want  of 
drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities 
of a surface to afford facilities for the commission of a nuisance, the Nagar Panchayat or the Council may 
require  the  owner  or  the  occupier  of  such  land  or  both  within  fifteen  days,  to  drain  such  land  or  level 
surface: 

Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to 
acquire  any  land  not  being  the  property  of  the  person  who  is  required  to  drain  his  land,  or  to  pay 
compensation to any other person, the Nagar Panchayat or as the case may be, the Council shall provide 
such land and pay such compensation. 

139. Power to require unwholesome tanks or private premises to be cleansed or drained.—(1) 
The Nagar Panchayat or the Council may require the owner or occupier of any land within eight days or 
such longer period as the Nagar Panchayat or the Council may fix, either to re-excavate or at his option 
fill  up  with  suitable  material  or  to  cleanse  any  well,  water-course,  private  tank  or  pool  therein,  and  to 
drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive 
to the neighbourhood: 

Provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to 
acquire  any  land  not  being  the  property  of  the  person  who  is  required  to  drain  his  land  or  to  pay 
compensation to any other person, Nagar Panchayat or as the case may be, the Council shall provide such 
land and pay such compensation. 

(2) If under the provisions of this Act the Nagar Panchayat or the Council execute the work of such 
re-excavation or filling up with suitable material, it may take possession of the tank or pool or the sites of 
such tank or pool and retain such possession and turn the same to profitable account until the expenses 
thereby incurred shall have been realised. 

40 

 
140. Wells, tanks, etc., to be secured.—If any well, tank or other excavation, whether on public or 
private  ground,  be,  for  want  of  sufficient  repair  or  protection,  dangerous  to  passers  by  the  Nagar 
Panchayat or as the case may be, the Council shall forthwith require by notice such owner or occupier, or 
both within eight days, properly to secure or protect such well, tank or other excavation; and if after the 
said period the work is not executed, the Nagar Panchayat or as the case may be, the Council shall cause a 
temporary hoard or fence to be put for the protection of passers-by and recover the expenses so incurred 
from  the  owner  or  occupier  or  the owners  and  occupiers  of  the land  on  which  such tank,  well  or other 
excavation is situated. 

141.  Penalty  for  disobeying  requisition  under  sections  137,  138,  139  and  140.—Any  owner  or 
occupier of a house or land who fails to comply with a requisition issued by the Nagar Panchayat or the 
Council under the provisions of section 137, 138, 139 or 140 shall be punishable with fine not exceeding 
one  thousand  rupees,  and  with  a  further  fine  not  exceeding  two  hundred  rupees  for  every  day  during 
which  the  default  is  continued  after  the  expiry  of  eight  days  from  the  date  of  service  on  him  of  such 
requisition. 

142.  Power  of  Government  to  prohibit  cultivation,  use  of  manure,  or  irrigation  injurious  to 
health.—If  the  Director  of  Medical  Health  and  Family  Planning  Services,  Public  Health  Officer  of  the 
Government  or  Health  Officer  of  the  municipality  or  such  other  Medical  Officer  of  the  Medical 
Department of Manipur as may be prescribed, certifies that the cultivation of any description of crops, or 
the use of any kind of manure, or the irrigation of land in any specified manner— 

(a) in any place within the limit of the municipality, is injurious to the health of person dwelling 

in the neighbourhood; or 

(b) in any place within or without the limits of the municipality is likely to contaminate the water 
supply  of  the  municipality  or  otherwise  renders  it  unfit  for  drinking  purposes  the  Government,  on 
receipt of an application from the municipality by public notice, prohibit the cultivation of such crop, 
the use of manure or the use of the method of irrigation so certified to be injurious, or impose such 
conditions with respect thereto as may prevent the injury. 

143. Public latrines and urinals.—The municipality may provide and maintain in sufficient number 
and in  proper situation,  public latrines  and  urinals  for  the separate  use  of  each sex, and shall  cause  the 
same to be kept in proper order and to be properly cleansed. 

144. Power to demolish unauthorised drains leading into public.—(1) If any person, without the 
written permission of the municipality first obtained, marks or causes to be made, or alters or causes to be 
altered, any drain leading into any sewer, drain, water-course, road or land vested in the municipality, the 
municipality may cause such branch  drain to be demolished, altered, made or otherwise dealt with as it 
may deem fit, and the expenses thereby incurred shall be paid by such person, making or altering such 
branch drain. 

(2) The person so making or altering such branch drain shall also be liable for every such offence to a 

fine not exceeding five hundred rupees. 

145. Penalty for allowing water of any sewer, etc., to run on any public road.—Whoever causes 
or allows the water of any sink, sewer, latrine, urinal, cesspool or any other offensive matter belonging to 
him or being on his land to run, drain or be thrown or put upon any public road, or causes or allows any 
offensive matter to run, drain or be thrown into a surface drain near any public road shall be liable to a 
fine  not  exceeding  two  hundred  rupees  and  a  daily  fine  not  exceeding  fifty  rupees  during  which  the 
offence is continued. 

146. Power to require owner to drain land.—If any land, near a sewer, drain or other outlet into 
which  such  land  may,  in  the  opinion  of  the  Nagar  Panchayat  or  as  the  case  may  be,  the  Council,  be 
drained, is not drained to the satisfaction of the Nagar Panchayat or as the case may be, of the Council, it 
may require the owner within one month to drain the said land into such sewer, drain or outlet. 

147. Penalty for disobeying requisition under section 146.—Any person who fails to comply with 
a requisition issued by the Nagar Panchayat or, as the case may be, by the Council under the provision of 
section  146  shall  be  liable  for  every  such  offence,  to  a  fine  not  exceeding  two  hundred  rupees  and  a 
further fine not exceeding fifty rupees for every day during which he shall continue to make such default 
after service on him of such requisition. 

41 

 
Scavenging and cleaning 

148. Establishment for removal of sewage, offensive matter and rubbish.—The Nagar Panchayat 

or, as the case may be, the Council shall provide for the removal— 

(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from 

all public roads and all other property vested in the municipality, and 

(b) in any municipality wherein a latrine tax has been imposed under sub-section (1) of section 75 

of sewage and offensive matter from all private latrines, privies, urinals, cesspools and compounds. 

149.  Sewerage  scheme.—A  municipality  may  also  introduce  a  sewerage  scheme  for  removal  of 
sewage by flushing with water through underground closed sewers. When a municipality introduces such 
a  scheme  in  its  area  the  municipality  may,  where  it  is  felt  necessary,  with  the  approval  of  the  State 
Government, levy additional latrine and water taxes to meet the cost and maintenance of such scheme. 

150.  Removal  of  sewage,  offensive  material,  rubbish.—(1)  The  municipality  may,  from  time  to 
time, by an order published in the prescribed manner, appoint the hour within which sewage and offensive 
matter may be moved, the manner in which the same shall be moved, as also the hours within which only 
every occupier of any house or land may place rubbish in a receptacle provided by the municipality on or 
by the side of the public road. 

(2) The municipality may provide places convenient for the deposit of sewage and offensive matter 
and require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in 
such  places,  and  may  remove  the  same  at the  expense  of the  occupiers from  any  house  if the occupier 
thereof fails to do so. 

151.  Penalty  for  placing  rubbish  on  public  road.—Any  person  who  places  or  allows  to  place 
rubbish  on  a  public  road  or  in  a  receptacle  provided  by  the  municipality  at  a  time  other  than  the  time 
appointed  by  the  municipality  under  sub-section  (1)  of  section  150  shall,  for  every  such  offence,  be 
punishable with fine not exceeding five hundred rupees. 

152. Penalty on occupier for not removing filth, etc.—Any occupier of a house on or near a public 
road who keeps or allows to be kept, for more than twenty-four hours, or for more than such shorter time 
as  may  be  appointed  by  the  municipality,  otherwise  than  in  some  proper  receptable,  any  house,  ashes, 
sewage or any noxious or offensive matter in or  upon such house, or in any out-house, yard or ground 
attached to and occupied with the house or suffers such receptacle to be in a filthy or noxious state, or 
neglects to employ means to cleanse the same shall, be punishable with fine not exceeding five hundred 
rupees. 

153. Penalty for throwing  offensive  matter  on  public  roads,  etc.—Any  person  who,  without the 
permission  of  the  municipality  throws  or  puts,  or  permits  his  servants  to  throw  or  put  any  sewage  or 
offensive matter on any public road, or who throws or puts or permits his servants to throw or put, any 
earth,  rubbish,  sewage  or  offensive  matter  into  any  drain  communicating  therewith  shall  be  punishable 
with fine not exceeding five hundred rupees. 

154.  Power  of  servants  of  the  Nagar  Panchayat  or  of  the  Council.—All  servants  of  the  Nagar 
Panchayat,  or  as  the  case  may  be,  of  the  Council  employed  for  the  purposes  mentioned  in  section  163 
may, within such hours as may be fixed by the Nagar Panchayat or the Council, enter any premises, of 
which the occupier or owner is liable to pay latrine tax and do all things necessary for the performance of 
their duties.  

Water supply and drainage system 

155.  Supply  of  drinking  water.—(1)  Every  Nagar  Panchayat  or  as  the  case  may  be,  the  Council 
shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the 
areas within its jurisdiction. 

(2)  Every  Nagar  Panchayat  or  as  the  case  may  be,  the  Council  shall  provide  sufficient  and  regular 
supply of drinking water fit for human consumption or for domestic purposes within the jurisdiction of 
the Nagar Panchayat or of the Council. 

156.  Removal  of  latrines,  etc.,  near  any  source  of  water  supply.—The  municipality  may,  by 
notice,  require  an  owner  or  occupier  on  whose  land  a  drain,  privy,  latrine,  urinal,  cesspool  or  other 

42 

 
receptacle  for  filth  or  refuse  exists  as  is  likely  to  endanger  the  purity  of  water,  a  spring,  well,  tank, 
reservoir or other source from which water is, or may be, derived for public use, to remove or close the 
same within one week from the service of such notice. 

157. Owner or occupier to take steps to prevent spread of infectious disease.—In the event of a 
municipality,  or  any  part  thereof,  being  visited  with  an  outbreak  of  cholera  or  other  infectious  disease 
notified in this behalf, the owner or occupier may during the continuance of the epidemic, without notice 
and at any time, inspect and disinfect any well, tank or other place from which water, is or is likely to be 
taken for the purpose of drinking and may further take such step as he deems fit to prevent the removal of 
water therefrom. 

158. Unauthorised construction or tree over drain or water-works.—(1) Where any road or way 
has been made or any building, wall or other structure has been erected or any tree has been planted over 
a public drain culvert or a water-work vested in the municipality, without the permission in writing of the 
municipality, the municipality may without prejudice to the generality of the other provision of this Act— 

(a) by notice require the person who has made the road, erected the structure or planted the tree, 
or  the  owner  or  occupier  of  the  land  on  which,  the  road  has  been  made,  structure  erected  or  tree 
planted, to remove or deal in any other way as the municipality thinks fit with the road, structure or 
tree; or 

(b) itself remove or deal in any other way as it thinks fit with the road, structure or tree. 

(2) Any expense incurred by a municipality for action taken under clause (b) of sub-section (1) shall 

be recoverable from the person by whom the road or way made, structure erected or tree planted.  

Burial and burning ground or disposal of corpses 

159.  Powers  in  respect  of  burial  and  burning  places.—(1)  The  municipality  may,  from  time  to 
time,  out  of  the  Municipal  fund,  provide  suitable  places  to  be  used  as  burial  or  burning  grounds  either 
within or without the limits of the municipality and may charge such fees on the persons using the places 
as may be fixed by bye-laws which may be framed in that behalf. 

(2)  The  municipality  may,  by  public  notice,  order  any  burial  or  burning  ground  situated  within 
municipal limits or any municipal burial or burning ground outside such limits which is certified by the 
Director  of  Medical,  Health  and  Family  Planning  Service  or  a  Public  Health  Officer  of  the  State 
Government or a Health Officer of the municipality to be dangerous to the health of persons living in the 
neighbourhood,  to  be  closed,  from  a  date  to  be  specified  in  the  notice,  and  shall,  in  such  case,  if  no 
suitable  place  for  burial  or  burning  exists  within  a  reasonable  distance,  provide  a  fitting  place  for  the 
purpose. 

(3) If any person, without the permission of the municipality bury or burn any corpse, or permit, to be 
buried  or  burnt,  any  corpse  at  any  place  which  is  not  any  burial  or  burning  ground  made  or  formed 
according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall 
be punishable with fine which may extend to five hundred rupees. 

(4)  Private  burial  places  may  be  exempted  from  the  order  subject  to  such  conditions  as  the 

municipality may impose in this behalf:  

Provided that the limits of such burial places are sufficiently defined and that they shall only be used 

for the burial of members of the family of the owners thereof. 

(5)  No  private  burial  or  burning  ground  shall  be  made  or  formed  within  the  municipality  after  the 

commencement of this Act, without the permission in writing of the municipality. 

160. Burial of paupers and unclaimed dead bodies.—The municipality may from time to time, out 
of the Municipal fund, provide for the burial or burning of paupers and unclaimed dead bodies, free of 
charge, within the limits of the municipality or otherwise arrange to dispose of as it thinks fit. 

161.  Powers  to  cause  corpses  to  be  burnt  or  buried  according  to  the  religious  tenets  of  the 
deceased.—After  the  expiration  of  not  less  than  twenty-four  hours  from  the  death  of  any  person,  the 
Nagar  Panchayat  or  as  the  case  may  be,  Council  may  cause  the  corpse  of  such  person  to  be  burnt  or 
buried,  and  the  expenses  thereby  incurred  shall  be  recoverable  as  a  debt  due  from  the  estate  of  such 

43 

 
person. In every such case, the corpse shall be disposed of, so far as may be possible in manner consistent 
with the religious tenets of the deceased. 

CHAPTER XI 

OTHER POWERS AND PENALTIES 

Markets and slaughter houses 

162.  Establishment  of  markets.—A  municipality  may  establish  and  maintain  markets  at  suitable 

places of the Municipality for the convenience of the people. 

163.  Power  to  remove  persons  from  municipal  market.—If  any  officer  specially  empowered  in 
this behalf by the Nagar Panchayat or by the Council is satisfied that any person occupying any stall or 
space in any municipal market is in unauthorised occupation of the stall or space or continues to occupy 
the stall or space after authority to occupy has ceased, he may, with the previous sanction of the Nagar 
Panchayat or of the Council, require such person to vacate the stall or space within such time as may be 
mentioned in the requisition and such person may, in addition to any penalty to which he may be liable 
under this Act, be summarily removed from the stall or space. 

164. Places for slaughter of animals for sale.—(1) The Nagar Panchayat or, as the case may be, the 
Council  may,  and  when  required  by  the  Government  shall  fix  places  with  the  approval  of  the  State 
Government  for  slaughter  of  animals  for  sale,  and  the  Nagar  Panchayat  or  Council  may  grant  and 
withdraw licence for the use of such premises, or, if they vest in the Nagar Panchayat or Council, may 
charge rent for fees of the use of the places. 

(2)  When  any  such  premises  have  been  fixed,  no  person  shall  slaughter  any  such  animal  for  sale 

within the Municipal area at any other place. 

(3) Any person who slaughters for sale any animals at any place within the Municipal area other than 
the  one  fixed  by  the  Nagar  Panchayat  or  as  the  case  may  be,  the  Council  under  this  section  shall  be 
punishable with fine which may extend to five hundred rupees. 

165.  Inspection  before  and  after  slaughter.—A  Nagar  Panchayat  or,  as  the  case  may  be,  the 
Council shall arrange for inspection of the animal by a Veterinary Surgeon or a competent person before 
the  animal  is  killed  and  may  also  arrange  for  inspection  of  the  meat  and  organs  for  the  purpose  of 
certification, as may be laid down by bye-laws of the meat for use as food. 

166.  Licensing  of  butcher.—No  person  shall  carry  on  the  profession  of  a  butcher  except  under  a 

licence from the municipality.  

Nuisances from certain trades, professions, etc. 

167. Regulation of offensive trades.—(1) If it is shown to the satisfaction of a Nagar Panchayat or of 
a  Council  that  any  building  or  place  within  the  limits  of  the  Municipality  which  any  person  uses  or 
intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of 
any  article,  by  reason  of such  use,  or  by  reason  of  such  intended  use,  occasions  or  is likely  to  cause  a 
public  nuisance,  the  Nagar  Panchayat  or  the  Council  may  at  its  option  require  by  notice  the  owner  or 
occupier of the building or place— 

(a) to desist or refrain, as the case may be, from using, or allowing to be used, the building or 

place for such purpose, or 

(b) only to use, or allow to be used, the building or place for such purpose under such conditions 
or after such structural alterations as the Nagar Panchayat or the Council imposes or prescribes in the 
notice  with  the  object  of  rendering  the  use  of  the  building  or  place  for  such  purpose  free  from 
objection. 

(2)  Whoever,  after  receiving  a  notice  given  under  sub-section  (1),  uses  or  allows  to  be  used  any 
building or place in contravention of the notice shall be punishable with fine which may extend to four 
hundred rupees for every day on which he so uses or allows to be used the place or building after the date 
of the first conviction. 

168. Certain offensive and dangerous trades  not to be established within the limits to be fixed 
by the municipality without licence.—(1)Within such local limits as may be fixed by the municipality 

44 

 
no place shall be used without a licence from the municipality which shall be renewable annually, for any 
of the following purposes, namely:— 

(a) melting tallow; 

(b) boiling offal or blood; 

(c) skinning or disembowelling animal; 

(d)  the  manufacture  of  bricks,  pottery,  tiles  or  lime  in  a  klin,  panja  or  lamp  or  by  any  other 

similiar method; 

(e) as a soap-house, oil-boiling house, dyeing house; 

(f) as tannery, slaughter-house; 

(g) as a manufactory or place of business from which offensive or unwholesome odour may arise; 

(h)  as  a  yard  or  depot  for  hay,  straw,  bamboo,  thatching  grass,  jute  or  other  dangerously 

inflammable material for the purpose of any trade; 

(i) any store-house for kerosene, petroleum napthamcoal-tar or any inflammable oil or wholesale 

stock of matches exceeding one hundred gross; 

(j) as a shop for the sale of meat; 

(k) as a place for the storage of rags or bones, or both; 

(l) tea stall; 

(m) sweetmeat stall; 

(n) hotel or eating house; 

(o) aerated water; 

(p) bakery, including biscuit factory. 

(2) Such licence shall not be withheld unless the municipality has reason to believe that the business 
which it  is  intended  to  establish or  maintain  would  be  offensive  or  dangerous  to  persons  residing  in  or 
frequenting the neighbourhood. 

(3) The municipality may, subject, to such restrictions, if any, as it may impose, extend the provisions 

of this section to yards or depots for trade in coal, coke, timber or wood. 

(4)  The  grant  of  a  licence  for  the  purposes  mentioned  in  clause  (i)  of  sub-section  (1)  shall  be 
consistent  with  the  provision  of  the  Petroleum  Act,  1934  (30  of  1934)  and  no  such  licences  shall  be 
granted unless the said provisions have been complied with by the applicant for the licence. 

169. Cinemas, dramatic performances, circuses, etc.—(1) No place within a municipality shall be 
kept open for the purposes of regular gain or otherwise by means of public cinematographic exhibitions, 
dramatic performances, circuses, variety shows, or for purposes of public resort for similar recreations or 
amusements  unless  a  licence  has  been  granted  therefor  by  the  municipality,  which  licence  shall  be 
annually  renewable  and  in  accordance  with  such  conditions  as  the  municipality,  subject  to  rules,  may 
deem fit to impose: 

Provided that such conditions shall not be inconsistent with the terms of any licence which  may be 

required for such place under any other Act. 

(2)  No  place  within  the  municipality  shall  be  used  for  the  purposes  of  public  cinematographic, 
performance, circus, variety shows, or as a place of public resort for similar recreations or amusements, 
otherwise than for the purpose of regular gain, unless a licence has been granted for such purpose by the 
municipality and in accordance with such conditions as the municipality, subject to rules, may think fit to 
impose: 

Provided that such conditions shall not be inconsistent with the terms of any licence which may be 

required for such places under any other Act: 

45 

 
Provided  further  that  this  sub-section  shall  not  apply  to  private  amateur  performances  or  to 

performances held wholly for the benefit of charity, in any such place. 

(3)  If  within  a  period  of  three  months  following  the  receipt  of  an  application  for  licence  under  
sub-section (1) or sub-section (2) the Nagar Panchayat or the Council at a meeting has not passed order 
thereon, either granting or refusing a licence, it shall be deemed to have granted the licence. 

170.  Cancellation,  revocation,  etc.,  of  licences.—Subject  to  the  provisions  of  section  196,  any 
licence granted under section 169 by the municipality may, at any time, be suspended or revoked by it, if 
any  of  the  restriction,  limitations  or  conditions  attached  to  the  licence,  be  evaded  or  infringed  by  the 
grantee or if the grantee be convicted of a breach of any of the provisions of  this Act or of any rule or 
bye-law  made thereunder in any  matter to which such licence relates or if the grantee has obtained the 
same by misrepresentation or fraud. 

171.  Publication  of  order  of  refusal,  suspension  of  licences.—Every  order  granting,  refusing, 
suspending, revoking, or modifying a licence under section 169 or section 170, as the case may be, shall 
be, in writing, shall state the ground on which it proceeds, shall be published on the notice board of the 
office  of  the  Nagar  Panchayat  or  the  Council  and  shall  also  be  served  on  the  owner  of  the  premises 
concerned within fourteen days of the order. 

172.  Power  to  close market,  tea-stall,  etc.—(1) The  Nagar  Panchayat  or,  as the  case  may  be,  the 
Council may, with a view to preventing the spread of any infectious or contagious disease, order that for a 
specified time, any market, tea-stall or restaurant, hotel or lodging-house within the Municipality shall be 
closed, or forbid any persons to attend any such market, tea-stall or restaurant, hotel or lodging-house. 

(2)  Such  order  shall  be  notified  in  such  manner  and  at  such  places  as  the  Nagar  Panchayat  or  the 
Council may direct, and notice thereof shall be served on the owner, occupier or vendor of the market or 
the keeper of the hotel or lodging-house, tea-stall or restaurant. 

(3) After complying with the notice to the owner or occupier, or vendor of the market or the keeper of 
the  hotel  or  lodging-house,  tea-stall  or  restaurant  or  any  person  interested  may  appeal  to  the  Deputy 
Commissioner, and if he considers the notice to be unreasonable, the order of the Deputy Commissioner 
shall be final. 

(4)  When  an  order  has  been  notified  under  sub-section  (2)  and  has  not  been  set  aside  under  
sub-section  (3)  any  owner,  occupier  or  vendor  of  a  market  or  the  keeper  of  hotel  or  lodging-house,  
tea-stall or restaurant who neglects to close the market, hotel or lodging-house, tea-stall or restaurant shall 
be liable to a fine which may extend to five thousand rupees; and any person who attends such market, 
hotel or lodging-house, tea-stall or restaurant in contravention of the terms of the order shall be liable to 
fine which may extend to five hundred rupees.  

173. Penalty for failure to give information of cholera.—Whoever— 

Infectious or contagious diseases 

(a)  being  a  medical  practitioner  and  in  the  course  of  such  practice  becoming  cognizant  of  the 
existence of cholera, plague, small pox or other infectious disease, that may be notified in this behalf 
by the Government in any dwelling-house other than a public hospital in the municipality, or 

(b) being the owner or occupier of such dwelling house, and being cognizant of the existence of 

any such infectious disease therein, or 

(c) being the person in charge of, or in attendance, on a person suffering from any such infectious 

disease in such dwelling-house, and being cognizant of the existence of the disease therein, 

fails to give information within twenty-four hours of becoming so cognizant or gives false information to 
such  officer  as  the  Nagar  Panchayat  or  as  the  case  may  be,  the  Council  may  appoint  in  this  behalf 
respecting the existence of such disease shall be punishable with fine which may extend to five hundred 
rupees. 

174. Disinfection of building and articles.—(1) If the Nagar Panchayat or, as the case may be, the 
Council is of opinion that the cleansing or disinfecting of a building or any part thereof or of any article 
therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, 

46 

 
by notice require the owner or occupier to cleanse or disinfect the same in the manner and within the time 
prescribed in such notice. 

(2) If— 

(a) within the time specified as aforesaid from the receipt of the notice the person on whom the 

notice is served to have the building or part thereof or the article disinfected, or 

(b) the occupier or owner, as the case may be, gives his consent, 

the Nagar Panchayat or the Council may, at the cost of such owner or occupier, cause the building or part 
thereof and articles to be cleansed and disinfected: 

Provided that the Nagar Panchayat or the Council may, in its discretion pay the whole or any part of 

such cost. 

175. Penalty for letting infected house.—Every person knowingly letting a house or other building 
or part of a house or building in which any person suffering from an infectious or contagious disease, had 
lived without having such house or other building or part thereof and all articles therein liable to retain 
infection,  disinfected  thereafter  to  the  satisfaction  of  the  Nagar  Panchayat  or  the  Council,  shall  be 
punishable with fine not exceeding two thousand rupees. 

Explanation.—For the purpose of this section a hotel or lodging-house keeper shall be deemed to let 

part of his house to any person admitted as a guest into his hotel or lodging-house. 

176. Power of entry for purpose of preventing spread of disease.—The Nagar Panchayat or, as the 
case may be, the Council may authorise any officer to enter, at any time between sunrise and sunset, after 
three hours notice into any building or premises in which any infectious or contagious disease is reported 
or suspected to exist, for the purposes of inspecting such building or premises on the basis of the report of 
the officer. The Nagar Panchayat or the Council will have the power to declare that a person is suffering 
from contagious disease and that house is infectious. 

177. Removal to hospital of patients suffering from infectious disease.—In any municipality when 

any person suffering from any infectious disease is found to be— 

(a) without proper lodging or accomodation, or 

(b) living in a Serai or other public hostel, or 

(c) living in a room or house which neither he nor any one, of whom he is a dependent, either 

own or pays rent for, 

the Nagar Panchayat or, as the case may be, the Council, by any persons authorised by it in this behalf 
may, on the advice of an Assistant Surgeon, remove the patient to any hospital or place at which persons 
suffering from such diseases are received for medical treatment and may do anything necessary for such 
removal.  

Park, playground and open space 

178. Municipality to provide places for recreation.—The municipality may provide open spaces, 
parks, playgrounds, common swimming pools and amenities for the use and enjoyment of the people and 
may frame bye-laws regulating their use. 

179.  Function  and  powers  in  regard  to  pounds.—Every  municipality  shall,  in  regard  to  the 
establishment, maintenance and management of pounds, perform such function as may be transferred to it 
by notification under section 31 of the Cattle Trespass Act, 1871 (1 of 1871 ) and lease out pound, when 
so transferred, according to rules framed under this section. 

CHAPTER XII 

PROCEDURE 

180. Service of notice.—(1) Every notice, bill, form, summons or notice of demand under this Act, 

may— 

(a) be served personally on or presented to the person to whom the same is addressed; or 

47 

 
(b) if it cannot be so served, presented or delivered, be affixed on some conspicuous part of his 
place  of  abode  or  of  the  land,  building  or  other  thing  in  respect  of  which  the  notice,  bill,  form, 
summons or notice of demand is intended to be served; or 

(c) be sent by post in registered cover. 

(2) Every such notice, bill, form, summons or notice of' demand shall be signed by or bear a facsimile 
signature  of  Chairperson,  Vice-Chairperson  or  any  other  officer  authorised  by  the  Chairperson  in  that 
behalf. 

181. Reasonable time for act to be fixed.—When any notice under this Act requires any act to be 
done for which no time is fixed by this Act, the Nagar Panchayat or Council shall fix  a reasonable time 
for doing the same. 

182. Service of notice on owner or occupier of land.—When any notice is required to be given to 
the owner or to the occupier of any land, or both, such notice addressed to the owner or occupier or both, 
as  the  case  may  require,  may  be  served  on  the  occupier  of  such  land,  or  otherwise  in  the  manner 
mentioned in section 180: 

Provided  that  when  the  owner  and  his  place  of  abode  are  known  to  the  Nagar  Panchayat  or  to  the 
Council or other authorities issuing the notice they shall, if such place of abode be within the limits of 
their authority, cause such notice to be served on such owner, or left with some adult member or servant 
of his family; and if the place of abode of the owner be not within such limits, they shall send every such 
notice by post in a registered cover addressed to his place of abode and such service shall be deemed to be 
good service of the notice: 

Provided  further  that  when  the  name  of  the  owner  or  occupier  or  of  both  is  not  known  it  shall  be 
sufficient to designate him or them as “the owner” or “the occupier” of the land in respect of which the 
notice is served. 

183. Procedure when owners or occupiers are required by Nagar Panchayat or the Council to 
execute works.—(1) Whenever it is provided in this Act, that the Nagar Panchayat or, the Council may 
require  the  owner  or  the  occupiers,  of  any  land  or  both  to  execute  any  work  or  to  do  anything,  such 
requisition shall be made, as far as possible, by a notice to be served as provided in sections 180 and 182 
on every owner or occupier who is required to execute such work or to do such thing; but if there be any 
doubt  as  to  the  persons  who  are  owners  or  occupiers,  such  requisition  may  be  made  by  a  notice  to  be 
affixed or posted upon or near the spot at which the work is required to be executed or the thing done 
requiring the owners or the occupiers, of any land or both, to execute such notice. It shall not be necessary 
to name the owners or occupiers. 

(2) Every such requisition shall give notice to the persons to whom it is addressed that, if they fail to 
comply with the requisition or prefer an objection against such requisition as provided hereafter in section 
184 the municipality may enter upon the land and cause the required work to be executed, or the required 
thing to be done; and that in such case the expenses incurred thereby shall be recovered from the persons 
who are required in such requisition to execute such work or do such thing. 

184.  Person  required  to  execute  any  work  may  prefer  objection  to  the  municipality.—Any 
person  who  is  required  by  such  requisition  to  execute  any  work  or  to  do  anything  may  instead  of 
executing the work or doing the thing required, prefer an objection in writing to the municipality against 
such requisition within fifteen days of the service of the notice affixing or posting up of the notification 
containing the requisition, or if the time within which he is required to comply with the requisition be less 
than fifteen days, then within such less time. 

185.  Procedure  if  person  objecting  alleges  that  work  will  cost  more  than  three  thousand 
rupees.—If the objector alleges that the cost of executing the work or of doing the thing required may 
exceed  three  thousand  rupees,  such  objection  shall  be  heard  and  disposed  of  by  the  municipality  at  a 
meeting,  unless  the  Chairperson  or  Vice-Chairperson  shall  certify  that  such  cost  may  not  exceed  three 
thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson and the 
Vice-Chairperson: 

Provided that in any case in which the Chairperson or the Vice-Chairperson shall have certified his 
opinion  and  the  objection  shall  in  consequence  thereof  have  been  heard  and  disposed  of  by  the 

48 

 
Chairperson and the Vice-Chairperson, the person making the objection may, if the requisition made upon 
him is not withdrawn on the hearing of his objection, pay in the said sum of three thousand rupees to the 
municipality as the cost of executing the work or doing the thing required, whereupon such person shall 
be  relieved  of  all  further  liability  and  obligation,  in  respect  of  executing  the  work  or  doing  the  thing 
required and in respect of paying the expenses thereof and the municipality itself shall execute such work 
or do such thing, and shall exercise all powers necessary therefor. 

186. Chairperson, Vice-Chairperson to make order after hearing objection.—The Chairperson or 
the Vice-Chairperson, of the Nagar Panchayat or, the council as the case may be, shall after hearing the 
objection  and  making  any  enquiry  which  they  may  deem  necessary,  record  an  order  withdrawing, 
modifying, or making absolute the requisition against which the objection is preferred and if such order 
does  not  withdraw the requisition it shall  specify  the  time  within  which  the  requisition  shall  be  carried 
out,  which  shall  not  be  less  than  the  shortest  time  which  might  have  been  mentioned  in  the  original 
requisition under this Act. 

187.  Power  of  municipality  on  failure  of  persons  to  execute  works.—If  the  person  or  persons 
required  to  execute  the  work  or  to  do  the  thing  fail,  within  the  time  specified  in  any  requisition  as 
aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same 
to the satisfaction of the municipality until it is completed, the municipality or any person authorised by it 
in that behalf, may, after giving forty-eight hours notice of its intention by a notification to be affixed or 
posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the 
work or doing of the thing required; and the expenses thereby incurred shall be paid by the owners or by 
the occupiers, if such requisition was addressed to the owners or to the occupiers, as the case may be, and 
by the owners and the occupiers, if such requisition was addressed to the owners and the occupiers. 

188.  Power  to  apportion  expenses  among  owners  and  occupiers.—(1)  Whenever  any  expenses 
incurred  by  the  municipality  are  to  be  paid  by  the  owners  of  any  land  as  provided  in  section  187  the 
municipality  may,  if  there  be  more  than  one  owner,  apportion  the  said  expenses  among  such  of  the 
owners as are known in such manner as the municipality may deem fit. 

(2) Whenever any such expenses are to be paid by the occupiers of any land as provided in section 
187 the municipality may, if there be more than one occupier, apportion the said expenses among such of 
the occupiers, as are known in such manner as the municipality may deem fit. 

189.  Apportionment  among  owners  and  occupiers.—Whenever  any  expenses  incurred  by  the 
municipality  are  to  be  paid  by  the  owners  and  occupiers  of  any  land,  as  provided  in  section  187  the 
municipality may apportion the said expenses among the said owners and occupiers or such of them as 
are known in such manner as the municipality may deem fit. 

190. Occupiers may recover cost of works executed at their expenses from owners.—Whenever 
any works or alterations and improvements, of which the municipality is authorised by this Act to require 
the execution, are executed by the occupier on the requisition of the municipality, or are executed by the 
municipality  and  cost  thereof  is  recovered  from  the  occupier,  the  cost  thereof  may,  if  the  municipality 
certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and 
following payment of his rent due or becoming due to such owner, or may be recovered by him in any 
court of competent jurisdiction. 

191.  Power  to  enter  upon,  possession  of  houses  so  repaired.—If  the  municipality  under  the 
provisions of this Act shall have caused any repairs to be made to any house or other structure and if such 
house or other structure be unoccupied, the municipality may enter into possession of the same, and may 
retain possession thereof until the sum expended by it on the repairs be paid to it. 

192. Sale of materials of houses pulled down.—(1) The materials of anything which shall have been 
pulled  down  or  removed  under the  provisions  of  section  183  may  be  sold  by  the  municipality,  and  the 
proceeds of such sale shall be adjusted to the payment of the expenses incurred. 

(2)  The  surplus  sale-proceeds,  if  any,  shall  be  credited  to  the  Municipal  fund,  and  may  be  paid  on 
demand  to  any  person  who  establishes  his  right  to  the  satisfaction  of  the  municipality  or  in  a  court  of 
competent jurisdiction. 

49 

 
193. Cognizance.—(1) Unless otherwise expressly provided in this Act a Court shall take cognizance 
of any offence under this Act or under any rules or bye-laws made thereunder except on the complaint of 
the municipality or some person authorised by the municipality by general or special order in this behalf. 

(2) No Court inferior to that of a Magistrate of the first class shall try any of the offences specified in 

sub-section (1). 

194.  Offences  under  the  Act  compoundable.—(1)  The  offences  under  this  Act  shall  be 

compoundable: 

Provided  that  no  offence,  arising  from  the  failure  to  comply  with  a  written  notice  given  by  or  on 
behalf  of,  the  Nagar  Panchayat  or  the  Council,  as  the  case  may  be,  shall  be  compoundable  unless  the 
notice has been complied with. 

(2) Sums paid by way of composition under this section shall be credited to the Municipal Fund. 

195. Power and duties of police in respect of offences.—Every police officer shall give immediate 
information to the municipality of an offence coming to his knowledge which has been committed against 
this  Act  or  against  any  rules  or  bye-laws  made  thereunder,  and  shall  be  bound  to  assist  all  members, 
officers and employees of the municipality in the exercise of their lawful duty. 

196. Appeals from order refusing licences.—Any person aggrieved by an order of a municipality 
refusing,  revoking  or  suspending  licence  or  permission  required  under  this  Act  may,  notwithstanding 
anything  contained  elsewhere  in  this  Act,  within  thirty  days  from  the  date  of  refusal,  revoking  or 
suspension,  appeal  to  the  State  Government  or  an  officer  authorised  by  the  Government  in  that  behalf 
whose decision shall be final and shall not be questioned in any Court. 

197. Appeals from orders in other cases.—(1) Any person aggrieved,— 

(a) by the refusal of the Nagar Panchayat or Council under section 126 to sanction the erection, 

re-erection or material alteration of any building; or 

(b)  by  a  notice  from  the  Nagar  Panchayat  or  Council  under  section  112  requiring  a  road  to  be 
drained,  levelled,  paved,  flagged,  metalled,  or  provided  with  proper  means  of  lighting  or  under 
section 129 requiring the alteration or demolition of a building; or 

(c) by any order of the Nagar Panchayat or Council under the powers conferred upon it by section 
132  or  by  any  order  made  by  the  Nagar  Panchayat  or  by  the  Council  under  bye-law  framed  under 
clause (vii) of sub-section (1) of section 209, 

may, within thirty days from the date of such refusal, notice, order, appeal to the Deputy Commissioner. 

(2) No such refusal, notice or order shall be questioned otherwise than by such an appeal. 

(3) The decision of the Deputy Commissioner shall be final. 

198.  Appeal  not  to  be  dismissed  without  giving  reasonable  opportunity.—No  appeal  under 
section 196 or section 197 shall be dismissed or allowed partly or wholly, unless reasonable opportunity 
of showing cause or being heard has been given to the parties. 

199. Dispute as to compensation payable by municipality.—(1) When a dispute arises regarding 
the amount of compensation which the municipality is required by this Act to pay, it shall be settled in 
such  manner  as  the  parties  may  agree,  in  default  of  agreement,  by  the  Deputy  Commissioner  upon 
application made to him by the municipality or the person claiming compensation. 

(2) If the municipality or the person claiming compensation is not satisfied with the decision of the 
Deputy Commissioner, it or he shall have a right to require the Deputy Commissioner to make a reference 
to the District Judge, in accordance with the provisions of section 18 of the Land Acquisition Act, 1894  
(1 of 1894 ). 

200.  Indemnity.—No  suit  shall  be  maintainable  against  Nagar  Panchayat  or  Council  or  any  of  its 
committees, or any officer or employee, or any person acting under or in accordance with, the direction of 
the Nagar Panchayat or of the Council or any of its committees or any  municipal officer or servant, in 
respect of anything in good faith done or intended to be done under this Act or under any rule or bye-law 
made thereunder. 

50 

 
201. Bar of suits in absence of notice.—(1) No suit or other legal proceeding, not being a criminal 
proceeding, shall be instituted against any Nagar Panchayat or Council, or any of its officers in respect of 
any  act  purporting  to  be  done  by  such  officer  in  his  official  capacity,  or  any  person  acting  under  its 
direction, until the expiry of two months next after notice in writing has been delivered to or left at the 
office of— 

(a) in the case of a suit against the Nagar Panchayat or Council, the Executive Officer; 

(b) in the case of an officer, the officer against whom the suit or proceeding is instituted and, in 
the case of any person acting under its direction, delivered to him at his place of residence or business 
stating  the  cause  of  action,  the  name,  description  and  place  of  residence  of  the  plaintiff  or  the 
petitioner and the relief which he claims; and the plaint or the petition shall contain a statement that 
such notice has been so delivered or left. 

Explanation.—In this section “Officer” includes the Chairperson and the Vice-Chairperson. 

(2) Every such action shall be commenced within three months next after the arising of the cause of 

action, and not afterwards. 

CHAPTER XIII 

CONTROL 

202. Control by Deputy Commissioner.—The Deputy Commissioner or the Director or any officer 

so empowered by the Government in this behalf may at any time— 

(i) enter into and inspect, or cause any other person to enter into or inspect— 

(a) any immovable property in the occupation of, or 

(b) any work in progress under, or 

(c) any institution under the control and administration of the Nagar Panchayat, or as the case 

may be, the Council; and 

(ii) call for inspection of any book or document which may be, for the purpose of this Act, in the 

possession or under the control of the Nagar Panchayat or, as the case may be, the Council. 

203. Power to suspend action under the Act.—(1) The Government, or the Deputy Commissioner 
may, by order in writing, suspend the execution of any resolution or order of the municipality or prohibit 
the doing of any act which is about to be done or is being done, in pursuance of, or under this Act, or in 
pursuance of any sanction or permission granted by the municipality in the exercise of their powers under 
this Act, if in its or his opinion, the resolution, order or act is contrary to the public interest or is in excess 
of the powers conferred by law, or the execution of the resolution or order, or the doing of the act is likely 
to lead to a serious breach of the peace, or to cause serious injury or annoyance to the public, or to any 
class or body of persons. 

(2) When the Deputy Commissioner makes any order under this section, he shall forthwith forward a 

copy thereof, with a statement of his reasons for making it, to the Government. 

(3) The Government may obtain the views of the Director and thereupon either rescind the order or 

direct that it continues in force with such modification and for such period as it may deem fit. 

204. Powers of Deputy Commissioner in case of emergency.—(1) If, in any case of emergency, the 
Deputy  Commissioner  upon  the  recommendation  of  the  concerned  technical  advisor  immediately, 
available, is of opinion that the immediate execution of any work or the immediate doing of any act which 
the Nagar Panchayat or the Council, whether at a meeting or otherwise, are empowered to execute or do, 
is necessary for the health or safety of the public, he may call upon the Nagar Panchayat or the Council to 
execute the work within such time as he may appoint. If such work is not executed within such period he 
may appoint some other person to execute the work or do the act immediately. 

(2) The Deputy Commissioner shall forthwith report to the Government every case in which he uses 
the powers conferred on him under sub-section (1) whereupon the Government may pass such order as it 
may deem fit. 

(3) Where any person is appointed under sub-section (1), the Deputy Commissioner may direct that 
the  expense  of  performing  the  duty,  executing  the  work  or  doing  the  act,  together  with  reasonable 

51 

 
remuneration, if any, to the person so appointed, shall forthwith be paid by the Nagar Panchayat or by the 
Council. 

(4) Where such expense and remuneration are not so paid, the Deputy Commissioner may make an 
order directing the person having the custody of the balance of the Municipal Fund to pay the expense and 
remuneration, or so much thereof as is possible from the balance, in priority to any or all other charge, 
and such person shall make payment accordingly. 

205.  Power  to  dissolve  Nagar  Panchayat  or  Council  in  certain  cases.—If  in  the  opinion  of  the 
Government,  a  Nagar  Panchayat  or  a  Council,  as  the  case  may  be,  is  not  competent  to  perform  or 
persistently make default in the performance of the obligatory duties imposed upon it by or under this Act 
or exceed or abuse its power the Government may by notification, stating the reasons for so doing declare 
such Nagar Panchayat or Council to be incompetent or in default or to have exceeded or abused its power, 
as the case may be, and dissolve such Nagar Panchayat or Council: 

Provided  that  a  Nagar  Panchayat  or  a  Council,  as  the  case  may  be,  shall  be  given  a  reasonable 

opportunity of being heard before its dissolution: 

Provided  further  that  when  a  Nagar  Panchayat  or  a  Council,  as  the  case  may  be,  is  dissolved,  the 
Government  may  appoint  any  person  or  persons  to  exercise  and  perform  the  powers  and  duties  of  the 
Nagar  Panchayat  or  the  Council  during  the  period  of  dissolution  until  the  new  Nagar  Panchayat  or  the 
Council, as the case may be, is constituted: 

Provided also that the Government shall, before the expiry of a period of six months from the date of 
dissolution of the Nagar Panchayat or the Council, cause fresh elections to be held for the constitution of 
a new Nagar Panchayat or a new Council. 

206. Consequence of dissolution.—An order of dissolution shall have the  following consequences, 

namely:— 

(a) all the Councillors of the Nagar Panchayat or of the Council shall, as from the date of order, 

vacate their offices as such Councillors; 

(b) all the powers and duties which under the Act may be exercised and performed by the Nagar 
Panchayat or the Council, whether at a meeting or otherwise, shall, during the period of dissolution, 
be exercised and performed by such person or persons as the Government may direct; 

(c)  all  property  vested  in  such  Nagar  Panchayat  or  the  Council  shall,  during  the  period  of 

dissolution, vest in the Government. 

207. Decision of disputes between local authorities.—(1) When a dispute arises between a Nagar 
Panchayat or a Council or any other local authority on any matter which they are jointly interested, such 
dispute shall be referred to Government, whose decision shall be final. 

(2) The Government may regulate by rules made under this Act the relation to be observed between a 
Nagar  Panchayat  or  a  Council  and  other  local  authorities  in  any  matter  in  which  they  are  jointly 
interested. 

CHAPTER XIV 

RULES AND BYE-LAWS 

208. Powers of State Government to make rules.—(1) The Government may, by notification and 
subject  to  the  condition  of  previous  publication,  make  rules  for  the  purpose  of  carrying  into  effect  the 
provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for all or any of the following matters, namely:— 

(i)  manner  in  which  the  minutes  of  the  proceedings  of  a  meeting  of  a  Nagar  Panchayat  or  a 

Council or its committees shall be recorded and published; 

(ii) form and manner in which the accounts of receipts and expenditures of a Nagar Panchayat or 

a Council shall be kept; 

52 

 
(iii)  form  and  manner  in  which  the  annual  budget  of  a  Nagar  Panchayat  or  a  Council  shall  be 

prepared; 

(iv) manner in which returns, statements and reports by a Nagar Panchayat or a Council shall be 

submitted; 

(v)  matter  not  specifically  provided  for  in  this  Act  for  the  valuation  of  holdings,  for  the 

assessment, collection and refund of taxes imposed under this Act; 

(vi) determination of fees payable upon distraint warrant under this Act; 

(vii)  regulation,  management  and  inspection  of  the  working  systems  of  water-supply,  lighting, 
drainage or sewerage provided, established or maintained by or under the control and administration 
of a Nagar Panchayat or a Council; 

(viii)  form  and  procedure  for  taking  oath  or  affirmation  by  Chairperson,  Vice-Chairperson  and 

Councillor the authority who shall administer oath or affirmation; and 

(ix) manner in which bye-laws shall be published after confirmation by the Government. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before Legislative 
Assembly while it is in session for a total period of thirty days which may be comprised in one session or 
in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  Legislative  Assembly 
makes  any  modification  in  the  rule  or  decides  that  any  such  rule  should  not  be  made,  the  rule  shall 
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 rule. 

209. Power of municipality to frame bye-laws.—(1) A municipality may, frame bye-laws consistent 
with the provisions of this Act and the rules made thereunder for carrying out the provisions of this Act, 
for— 

(i)  any  matter  in  respect  of  which  power  to  frame  bye-laws  is  conferred  expressely  on  the 

municipalilty under this Act; 

(ii)  regulating  traffic,  and preventing  obstructions  and  encroachments  and  unisances  on  or  near 
public  roads,  or  on  or  near  pontoons  bridges,  ghats,  landing  places,  river  banks  or  other  places  of 
public resort or on places near water works for the supply of drinking water; 

(iii)  prescribing  a  minimum  width  of  wheel-tyres  or  a  minimum  diameter  and  the  maximum 
wheel-tracks or wheels for different classes of carts and carriage kept or used within the municipality; 

(iv)  prescribing  the  manner  in  which  notice of the  intention  to  erect, re-erect, materially  alter a 

building shall be given to the municipality; 

(v) requiring that with every such notice shall be furnished with a site-plan of the land on which it 
is intended to erect, re-erect or materially alter such building and  plan and specification, and in the 
case of erection or re-erection of a building, estimate also of the cost of construction (excluding cost 
of  land  and  its  improvement)  of  the  building,  all  such  characters  and  with  such  details  as  the  
bye-laws may require in respect of all or any of the following matters, viz.— 

(a) free passage or way in front of the building; 

(b)  space  to  be  left  about  the  building  to  secure  free  circulation  of  air  and  facilitate 

scavenging and for the prevention of fire; 

(c) provision and position of latrines, privies, urinals, cesspools or drains; 

(d) level and width of foundation, level of the lowest floor, and stability of the structure; and 

(e) the line of frontage with neighbouring buildings, it the building abuts on a public road; 

53 

 
 
 
(vi) regulating in respect of the erection, re-erection or material alteration of any buildings, within 

the municipality or part thereof— 

(a) the materials and method of construction to be used for external and partition walls, roofs 

and floors; 

(b) the materials and method of construction and position of fire-places, chimneys, latrines, 

privies, urinals, cesspools and drains; 

(c) the height and slope of the roof above the uppermost floor upon which human beings are 

to live or cooking operations are to be carried on; 

(d)  the  space  to  be  left  about  the  building  to  secure  the  free  circulation  of  air  and  for  the 

prevention of fire; 

(e) the line of frontage where the building abuts on a public road; 

(f) the number and height of the storeys of which the building may consist; 

(g) the means to be provided for egress from the building in case of fire; 

(h) any other matter affecting the ventilation or sanitation of the building; and 

(i) matter concerning sanitary conditions and water pollution of the area; 

(vii) preventing the erection of buildings without adequate provisions being made for the laying 

out and location of roads; 

(viii) regulating the level, means of drainage, alignment and width of roads constructed by private 

persons; 

(ix) regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing 

and washing place, streams, channels, tanks and wells; 

(x)  regulating,  either  by  granting  licences  necessary  or  otherwise,  the  washing  of  clothes  by 
professional washerman, and fixing the places in which clothes may be so washed or in which they 
may not be so washed; 

(xi)  prescribing  the  measures  to  be  taken  for  the  prevention  of  the  breeding  of  mosquitoes  in 
wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing 
water; 

(xii) regulating the cutting of trees and bamboos within the municipality; 
(xiii) regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and 

the construction and maintenance of latrines, privies, urinals, cesspools, drains and sewers; 

(xiv) providing for the inspection and regulation of markets and for the preparation and exhibition 

of a price list thereat; 

(xv) regulating the hours and manner of transport within the municipality of any specified articles 

of food or drink; 

(xvi) fixing the places in which any specified article of food or drink may be sold or exposed for 
sale or the places in which it may not be sold or exposed for sale and regulating the sale of foodstaff 
unfit for human consumption; 

(xvii) regulating either by granting licences necessary or otherwise, or prohibiting, for the purpose 
of  preventing  danger  to  the  public  health  the  stalling  or  herding  of  horses,  cattle,  swine,  donkeys, 
sheep or goats, geese, ducks and fowls; 

(xviii) providing for the inspection of milch cattle and prescribing the measures to be taken on the 
occurrence  among  them  of  infections  or  contagious  diseases;  and  prescribing  and  regulating  the 
construction,  dimensions,  ventilation,  lighting,  cleansing  drainage  and  water-supply  of  dairies  and 
cattle-sheds in the occupation of persons carrying on the trade of dairymen or milksellers; 

(xix) providing for the inspection and proper regulation of encamping grounds, pounds, serais, or 
dharmsalas;  bakeries  and  serated  water  factories,  ice  factories,  flour  mills,  oil  mills,  sweet-meat 
shops,  factories  and  other  places  in  which  mechanical  or  electrical  power  is  employed,  and  
slaughter house; 

54 

 
(xx) preventing nuisances affecting the public health, safety, or convenience in places of public 

resort for purposes of recreation or amusement; 

(xxi) preventing nuisances affecting the public health, safety or convenience; 

(xxii) controlling and regulating the use and management of burial and burning grounds and the 

disposal of corpses; 

(xxiii)  providing  for  the  holding  of  fairs  and  industrial  exhibitions  within  the  municipality  or 

under the control of the municipality and for fixing and collecting the fees to be levied thereat; 

(xxiv)  fixing  the  conditions  on  which  licences  under  this  Act  are  to  be  granted  and  may  be 

suspended or revoked; 

(xxv)  preventing  and  removing  any  encroachments  on  any  municipal  land  including  markets, 

drains, roads, etc.; 

(xxvi)  giving  effect  to  the  objects  and  purposes  of  this  Act  and  the  Municipality  may  by  such  
bye-laws impose on offenders against any provision of the bye-laws, such reasonable penalties as it 
may  think  fit,  not  continuing  offence,  a  further  penalty  not  exceeding  two  hundred rupees for each 
day after written notice of the offence to them from the municipality: 

Provided that the above limits of rupees five thousand and rupees two hundred shall not apply to 

the offences in respect of the bye-laws regulating octroi; 

(xxvii) distribution of works among the officers and the members of the staff of the municipality. 

210. Additional power to frame bye-laws in hill areas.—(1) A Nagar Panchayat or Council whose 
municipality is wholly or in part situated in a hilly tract may, in addition to such bye-laws as it may make 
under the preceding section frame bye-laws for regulating or prohibiting the cutting or destroying of tree; 
or  shrubs  or  the  making  of  excavations  or  removal  of  soil  or  quarrying,  where  such  regulation  or 
prohibition  appears  to  the  Nagar  Panchayat  or  the  Council  to  be  necessary  for  any  or  all  of  following 
purposes:— 

(a) the maintenance of water supply; 

(b) the preservation of the soil; 

(c) the prevention of landslips; 

(d) the formation of ravines or torrents; 

(e) the protection of land against erosion or the deposit thereon of sand, gravel or stones; 

(f) the protection of the beauty or general appearance of the municipality. 

(2) The Nagar Panchayat or the Council may, by any bye-law framed under this section, declare that 
any  person  commiting  a  breach  of  any  such  bye-law,  or  failing  to  comply  with  any  notice  issued 
thereunder, shall be liable to fine which may extend to five hundred rupees and to a further fine, which 
may extend to two hundred rupees for each day after conviction during which the offence is continued. 

211. Confirmation of bye-laws.—(1) The power to frame bye-laws in the Act shall be subject to the 

condition of previous notification. 

(2) No such bye-laws shall come into force until it has been confirmed by the Government. 

(3)  The  Government  may  cancel  its  confirmation  of  any  such  bye  law,  and  thereupon  the  bye-law 

shall cease to have effect. 

212.  Publication  of  bye-laws.—Every  bye-law  shall,  after  confirmation,  be  published  in  the 

prescribed manner. 

213.  Model  bye-laws.—The  Government  may  from  time  to  time  frame  model  bye-laws  for  any 
matter  in  respect  of  which  a  municipality  is  empowered  to  frame  bye-laws  under  this  Act  and  publish 
them in the Official Gazette for the guidance of municipality. 

55 

 
 
 
CHAPTER XV 

MISCELLANEOUS 

214. Validity of acts and proceedings.—(1) No act of the Nagar Panchayat or of the Council or of 

any of its committees shall be deemed to be invalid by reason of any vacancy in the membership thereof. 

(2) Any proceeding of a meeting of the Nagar Panchayat or of Council or of any committee thereof 
shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to 
do so, sat or voted or otherwise took part in the proceedings. 

215.  Petition for  challenging  election.—(1) The  election  of  a  person  to the  office  of  a  Councillor 
shall not be called in question except by a petition to be filed before the Election Tribunal within such 
time and in such manner as may be prescribed, on the ground that— 

(a) the election has not been a free election by reason that the corrupt practice of bribery or undue 

influence has extensively prevailed at the election; or 

(b) that the result of the election has been materially affected— 

(i) by the improper acceptance or rejection of any nomination; or 

(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder. 

(2)  The  Election  Tribunal  constituted  under  section  103  of  the  Manipur  Panchayati  Raj  Act,  1994  

(26 of 1994), shall also be the Election Tribunal for the purposes of sub-section (1). 

(3) The decision of the Election Tribunal shall be final. 

216.  Power  to  make  rules  for  election  and  election  petition.—For  the  purpose  of  election  of 
Chairperson, Vice-Chairperson and Councillor, the Government shall make rules for election and election 
petition under this Act. 

217.  Bar  of  jurisdiction  of  Civil  Courts  in  election  matters.—(1)  No  civil  court  shall  have 
jurisdiction to question the legality of any action taken or any decision  given by an officer or authority 
appointed under this Act, in connection with the conduct of elections thereunder. 

(2) Notwithstanding anything contained in this Act,— 

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to 
such constituencies, made or purporting to be made under this Act shall not be called in question in 
any Court; 

(b)  no  election  to  any  municipality  shall  be  called  in  question  except  by  an  election  petition 

presented to Election Tribunal and in such manner as is provided for by this Act. 

218.  Election  to  the  municipalities.—(1)  The  superintendence,  direction  and  control  of  the 
preparation of electoral rolls for, and conduct of, all elections to the Municipalities shall be vested in the 
State  Election  Commission  constituted  under  section  98  of  the  Manipur  Panchayati  Raj  Act,  1994 
(26 of 1994 ). 

(2) Subject to the provisions of this Act, election to the municipality shall be held in accordance with 

the rules made by the Government in this behalf. 

(3) The Government shall, when so requested by the State Election Commission, make available to 
the State Election Commission such staff as may be necessary for the discharge of the functions conferred 
on the State Election Commission under this Act. 

219. Electoral roll for a municipal area.—(1) For every municipal area, there shall be an electoral 

roll showing the names of persons qualifying to vote. 

(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of 

a municipal area. 

(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election 

Commission in accordance with such rules as may be made by the Government in this behalf: 

56 

 
Provided  that  there  shall  be  a  preliminary  publication  of  such  electoral  roll  after  preparation  or 

revision to be followed by final publication after hearing of objections in the manner prescribed. 

(4) Notwithstanding anything contained in this Act, the electoral roll for the time being in force for 
the election of Members of the Manipur Legistive Assembly, so far as it relates to the area comprised in 
the  municipal  area,  may  be  adopted  as  the  electoral  roll  for  that  municipal  area  for  the  purposes  of 
preliminary publication. 

220. Conditions for registration as a voter.—(1) Every person who— 

(a) is not less than 18 years of age on the qualifying date, and 

(b) is ordinarily resident in a municipal area,  

shall be entitled to be registered in the electoral roll for that municipal area. 

(2)  No  person  shall  be entitled to  be registered  in  the  electoral roll for  any  municipal  area  in  more 

than one place. 

(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name 

has already been registered as a voter in the electoral roll of any other local authority. 

Explanation  I.—The  expression  “qualifying  date”  shall  mean  such  date  as  the  Government  may  by 

notification specify for the purposes of this Act. 

Explanation II.—The expression “ordinarily resident” shall have the same meaning as assigned to it 

in section 20 of the Representation of the People Act, 1950 (43 of 1950). 

221. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this 
Act,  the  Government  may,  by  order  do  anything  not  inconsistent  with  the  provisions  thereof  which 
appears to it to be necessary or expedient for the purpose of removing the difficulty. 

222.  Overriding  effect  of  the  provisions  of  the  Act.—The  provisions  of  this  Act,  rules  and 
bye-laws,  and  orders  made  and  directions  issued  thereunder  shall  have  effect  notwithstanding  anything 
inconsistent  therewith  contained  in  any  other  law  for  the  time  being  in  force  or  any  instrument  having 
effect by virtue of any such law. 

223. Mode of proof of municipal record and fee for certified copy.—(1) A copy of any receipt, 
application,  plan,  notice,  order,  entry  in  a  register  or  other  document  in  the  possession  of  a  Nagar 
Panchayat or a Council, shall, if duly certified by any person authorised by any bye-law in this behalf, be 
received as evidence of the existence of any entry or document and shall be admitted as evidence of the 
matters and transactions therein recorded in every case, where and to the same extent as, the original entry 
or document would, if produced, have been admissible to prove such matters. 

(2) For the issue of such copies the Nagar Panchayat or as the case may be, the Council may impose 

such fees as may be fixed by any bye-law in this behalf. 

224. Restriction on the summoning of municipal servants to produce documents.—No municipal 
officer or servant shall in any legal proceeding to which a Nagar Panchayat or a Council is not a party be 
required to produce any register or document the contents of which can be proved by a certified copy, or 
to appear as a witness to prove the matters and transaction recorded therein unless by order of the court 
made for a special cause. 

225. Penalty for violating the provision of this Act.—If any person violates any of the provisions of 
this  Act  for  which  a  penalty  is  not  already  provided  under  this  Act,  he  shall  be  liable  to  a  fine  not 
exceeding rupees five hundred for each day in the case of continuing violation. 

226. Public servants.—Every Councillor and every officer or servant of the Nagar Panchayat or the 
Council  and  every  contractor  or  agent  appointed  by  it  for  the  collection  of  any  tax  or  every  person 
employed by such contractor or agent for collection of such tax shall be deemed to be a public servant 
within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

227. District Planning Committee.—(1) The District Planning Committee constituted under section 
96 of the Manipur Panchayati Raj Act, 1994 (26 of 1994) shall also be the District Planning Committee 
for the purposes of this Act. 

57 

 
(2) The District Planning Committee shall consist— 

(a) members of House of the People who represent the whole or part of the district; 

(b) all the members of the State Legislative Assembly whose constituencies lie within the district; 

(c) Adhyaksha of the Zilla Parishad; 

(d) Mayor or the President of the Municipal Corpoaration or the Municipal Council respectively, 

having jurisdiction over the headquarters of the District; and 

Explanation—For  the  purposes  of  this  clause,  “Mayor  or  the  President”  shall  mean  the 

Chairperson of the Municipal Council or, as the case may be, of the Municipal Corporation; 

(e)  such  number  of  persons  not  less  than  four-fifth  of  the  total  number  of  members  of  the 
Committee as may be specified by the Government elected in the prescribed  manner from amongst 
the  members  of  the  Zilla Parishad,  Nagar  Panchayat  and  Councillors  of  the  Municipal  Corporation 
and  the  Municipal  Councils  in  the  district,  in  proportion  to  the  ratio  between the  population  of  the 
rural areas and of the urban areas in the district. 

(3)  The  Chairman  of  the  District  Co-operative  Banks  and  of  the  Development  Bank  shall  be 

permanent invitees of the Committee. 

(4) The Chief Executive Officers shall be the Secretary of the Committee. 

(5) The Deputy Commissioner for the Districts shall be the Chairman District Planning Committee. 

(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram 
Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporation in the district and prepare 
a draft development plan for the district as a whole. 

(7) Every District Planning Committee shall in preparing the draft development plan— 

(a) have regard to— 

(i)  the  matters  of  common  interest  between  the  Zilla  Parishad,  Gram  Panchayats,  Nagar 
Panchayats,  Municipal  Corporation  and  Municipal  Councils  in  the  district  including  spatial 
planning sharing of water and other physical and natural resource, the integrated development of 
infrastructure and environmental conservation, 

(ii) the extent and type of available resources whether financial or otherwise; 

(b) consult such institutions and organisations as the Government may by order specify. 

(8)  The  Chairman  of  every  District  Planning  Committee  shall  forward  the  development  plan,  as 

recommended by such Committee to the Government. 

228. Committee for Metropolitan Planning.—(1) The Governor may by notification notify an area 
having a population of ten lakh or more comprised in one or more districts and consisting of two or more 
municipalities or panchayats or other contiguous areas, to be a Metropolitan area for the purposes of this 
Act. 

(2) On such notification the Government shall constitute in every Metropolitan area a Metropolitan 

Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. 

(3) The Government may prescribe by notification with respect to— 

(a) the manner in which the seats in such Committee shall be filled: 

Provided that not less than two-thirds of the members of such Committee shall be elected by, and 
from amongst, the elected members of the municipalities and Chairpersons of the Panchayats in the 
Metropolitan area in proportion to the ratio between the population of the municipalities and of the 
Panchayats in that area; 

(b) the representation in such Committee of the Government of India and the Government and of 
such  organisations  and  institutions  as  may  be  deemed  necessary  for  carrying  out  the  functions 
assigned to such Committee; 

58 

 
(c) the functions relating to planning and co-ordination for the Metropolitan area which may be 

assigned to such Committee; 

(d) the manner in which the Chairperson of such Committee shall be chosen. 

(4) Every Metropolitan Planning Committee shall, in preparing the draft development plan— 

(a) have regard to— 

(i) the plans prepared by the municipalities and the Panchayats in the Metropolitan area; 

(ii)  matters  of  common  interest  between  the  municipalities  and  the  Panchayats,  including 
coordinated  spatial  planning  of  the  area,  sharing  of  water  and  other  physical  and  natural 
resources, the integrated development of infrastructure and environmental conservation; 

(iii) the overall objectives and priorities set by the Government of India and the Government; 

(iv)  the  extent  and  nature  of  investments  likely  to  be  made  in  the  Metropolitan  area  by 
agencies  of  the  Government  of  India  and  Government,  and  other  available  resources  whether 
financial or otherwise; 

(b) consult such institutions and organisations as the Governor may, by order, specify. 

(5) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, 

as recommended by such Committee, to the Government. 

229.  Delegation  of  powers  of  State  Government.—The  State  Government  may,  by  notification 
delegate to any officer or authority subordinate to it any of the powers conferred on it or on any officer 
subordinate to it by this Act, other than powers to make rules, to be exercised, subject to such restrictions 
and conditions as may be specified in the said notification. 

230. Repeal of Manipur Act 26 of 1976 and saving.—(1) On the date of the commencement of this 

Act, the Manipur Municipalities Act, 1976 shall be deemed to have been repealed: 

Provided that the said repeal shall not affect: 

(a) the validity, effect or consequence of anything done or suffered under the said enactment; 

(b)  any  right,  title,  obligation  or  liability  already  acquired,  accrued  or  incurred  under  the  said 

enactment or any remedy or proceeding in respect thereof; 

(c) any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or 

any indemnity already granted; 

(d)  any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 
obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal 
proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment 
may be imposed as if such enactment or part thereof had not been repealed; and 

(e) the operation of the said enactment in relation to areas falling within the Municipal limits of 

Moreh. 

(2) Notwithstanding anything contained in sub-section (1), all municipalities declared, limits defined, 
regulations  and  divisions  made,  all  rules  and  bye-laws,  notifications,  orders,  appointments  and 
assessments made, licences and notices, issued, taxes, tolls, rates and fees imposed or assessed, budgets 
passed,  plans  approved,  permissions  or  sanctions  granted,  contracts  entered  into,  suits  instituted  and 
proceedings  taken  under  the  Manipur  Municipal  Act,  1976  (Manipur  Act  26  of  1976  )  in  force 
immediately before the commencement of this Act shall continue to be in force and shall be deemed to 
have  been  respectively  made,  issued,  imposed  or  assessed,  passed,  approved,  granted,  entered  into, 
instituted and taken under this Act until new provisions are made or superseded by anything done or any 
action taken under this Act. 

231.  Repeal  and  saving.—(1)  The  Manipur  Municipalities  Ordinance,  1994  (Ord.  6  of  1994)  is 

hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

59 

 
THE SCHEDULE 

(See section 36) 

1. Urban Planning including Town Planning. 

2. Regulation of land use and construction of buildings. 

3. Planning for economic and social development. 

4. Roads and Bridges. 

5. Water supply for domestic, industrial and commercial purposes. 

6. Public Health, Sanitation, Conservancy and Solid Waste Management. 

7. Fire Services. 

8. Urban Forestry, Protection of the Environment and Promotion of ecological aspects. 

9.  Safeguarding  the  interests  of  weaker  sections  of society  including  the  handicapped  and  mentally 

retarded. 

10. Slum improvement and upgradation. 

11. Urban poverty alleviation. 

12. Provision of urban amenities and facilities, such as parks, gardens and playgrounds. 

13. Promotion of cultural, educational and aesthetic aspects. 

14. Burials and burial-grounds; cremations, cremation-grounds and electric crematoriums. 

15. Cattle pounds, prevention of cruelty to animals. 

16. Vital statistics including registration of births and deaths. 

17. Public amenities including street lighting, parking lots, bus stops and public conveniences. 

18. Regulation of slaughter houses and tanneries. 

60 

 
