TODAY -

Amendment of ADC Act on the cards
Source: Hueiyen News Service

Imphal, April 11 2011: The Government has proposed an amendment in the Manipur (Hill Areas) District Councils Act, 2008 that govern the ADC (Autonomous District Council), particularly aimed to retain an elected chairman of a council for at least two years from the date of his election to the post.

The Manipur (Hill Areas) District Councils (Fourth Amendment) Bill-2011 was to be presented in the recently concluded budget session of the Assembly.

However, it was deferred due to detection of technical flaws.

Government is proposing substitution of the section 23(1) of the principal Act, related with the choosing of two members to be chairman and vice-chairman of an ADC, by a new provision.

Government is considering to add a provision that "no such resolution shall be brought within two years from the date of election of the chairman", an official source said.

The amendment aims to prevent emergence of unstable conditions in the council due to frequent moves of no confidence motions against the chairman as experienced in the past.

Such situations had cropped up in the past ADCs as well as in the Zilla Parishads in the four valley districts.

However, for the Zill Parishads, the problem had been solved with the amendment that prevents moving of no confidence motions against Adhayakshas.

Government has been able to check frequent removals of Adhyakshas of Zilla Parishads in the four valley districts by amending the Manipur Panchayati Raj Act which bars moving a no confidence motion against an Adhayaksha, once appointed, for one year.

The source further hinted of substitution of sub-section (1), (2), (3) and (4) of section 46 of the Act.

Sub-section (1) may be substituted so that government can get a copy of proceedings of the meeting of the council and other information as the government require from the ADCs.

The proposed substitution of sub-section (2) is to see that government shall have the power to give to directions (if considered necessary) in respect of subjects, curricula, text books and standards of teaching in schools wholly or partly maintained by grants payable from the council fund and the council shall comply with such directions.

The state government may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any district council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the district council, if, in its opinion, the resolution, order or act 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 breach of the peace, or to cause annoyance or injury to the public or to any class or body or persons, the provision proposed for substitution of sub-section (3) states.

The proposed amendment of section 47(1) gives power to the government to supersede an ADC if any ADC is not competent to perform, or is a persistent defaulter in performance of, the duties imposed on it by or under this Act or any other law and if any district council exceeds or abuses its powers or its financial position and credit position, particularly so if an act seriously threatens administrative work and if such work cannot be carried out in accordance with the provisions of the Act.


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