TODAY -

Imphal Municipal Council (Registration and Licencing) Bye Laws, 1998
– Purpose and legality thereof -

L Nandakumar Singh *



The Imphal Municipal Council (Registration and Licencing) Bye Laws, 1998 was made under clause (i) of sub-section (1) of Sec 209 read with Sec. 78 and sub-section (2) of Section 75 of the Manipur Municipalities Act, 1994 after having gone through necessary process – vide the IMC Notification dated the 5th January, 1999 published in the Manipur Gazette (Extraordinary) bearing No. 328 dated January 19, 1999. And the said Bye-Laws extend to the whole area of Imphal Municipal Council.

Under these Bye Laws, every shops or establishments within the Imphal Municipal area are required to get registered at the office of the Imphal Municipal Council, without which no one can run the shop/establishment as laid down in clause 3(i) of the Bye Laws.

Further, no one is allowed to run a shop within the Municipality area, without a “shop licence” to be issued by the Imphal Municipal Council, as laid down in clause 4(a) of the said Bye Laws. The fee prescribed for registration, for doing business can be up to Rs. 2000/- and fee for licence for a year can be up to Rs. 1,000/- depending on the value/amount of business. And fines in respect of registration and licence can go up to Rs.3,000/-and Rs. 1,500/- respectively.

Penalty for violation of its provision is Rs. 200/- and for its continuance is Rs. 100 each day. For the purpose of registration and shop licence one has to submit a number of documents including Lease Deed, patta, no-objection certificate, Udyog-Aadhaar, Fire Safety certificate from Manipur Fire Service, etc. One can get a Fire Safety certificate, if a Fire Extinguisher Unit is purchased from the Manipur Fire Service office as expressed by shop owners who have obtained the shop-licence already.

In pursuance of the said Bye-laws, the Imphal Municipal Corporation officials, accompanied by armed Police personals made many shops without shop licences from IMC to close down, which the public/citizens are quite aware of. This drive from IMC has been directed against shops in the Imphal bazaar area of Thangal bazaar, B T Road, MG Avenue, Paona road only so far. Other areas under the Imphal Municipal area are not affected.

On the other hand, the Manipur Shops and Establishments Act, 1972 (Manipur Act 4 of 1973) was enacted and published in Manipur Gazette extraordinary bearing No. 179 dated 23.03.1973 which was further amended by the Manipur Shops and Establishments (Amendment) Act, 1992. This Act extends to the whole of the State of Manipur.

It is mandatory for every shop or establishment in the State to get registered under this Act which is to be renewed for every calendar year. After due registration of the shop/establishment, the Registering authority issues a certificate of Registration or renewal certificate as the case may be, under the Act.

Now, some pertinent questions among others in this regard, which I would like to place before the esteemed readers and general public, for their considered views, are as follows:

1) Can the Imphal Municipal Council frame Bye-laws so as to empower itself to carry out or do something which is not authorised or conferred expressly by the Manipur Municipalities Act 1994?

2) Are the shops and establishments within the Imphal Municipal area subject to registration under two different authorities – one under the Manipur Shops and Establishments Act, 1992 as amended up to date and another under the Imphal Municipal Council (Registration and Licencing of Shops) Bye-laws 1998? And what are the purposes and object of the Imphal Municipal Council making the Bye-laws for making shops and establishments registered with them?

I wish to share my views with the esteemed readers on these two pertinent issues/questions.

1) As regards the first question, the position is that a Municipality may frame Bye-laws under Sec. 209 of the Manipur Municipalities Act 1994. But the Bye-laws should be consistent with the provisions of the said Act and rules made thereunder and it should be only for the purposes specified in clauses (i) to (xxvii) of sub-sec (1) of Sec. 209 of the Act including any matter in respect of which power to frame Bye-laws is conferred expressly on the Municipality under the Act as laid down in the aforesaid clause (i).

But sadly, in the present case of the IMC Bye-laws 1998, no such power to make bye-laws to prohibit running of shops or establishments without getting registered with the IMC and without shop licences from them, was given to it (IMC) under Sec. 209 or any other section of the Manipur Municipalities Act. As such, the IMC has framed and issued the said Bye-laws 1998 without any authority and power and in doing so, it has abused its functions and powers rendering the same i.e. the Bye-laws invalid and illegal.

The said IMC Bye-laws further prescribe fees for registration and licence of the shops and also fines for violation of its provisions. IMC will have no authority/power to impose fines for violation of any provision of the Bye-laws which was made without any authority, and without disclosing the specific purpose for which it was made.

The said Bye-laws of IMC is said to have been notified and brought into force after having been confirmed by the Government of Manipur as required under sub-sec (2) of Sec. 211 of the Manipur Municipalities Act. But the confirmation may be cancelled by the Government under sub-section 3 of the said section 211.

2) As regards the second question, the fact remains that the Manipur Shops and Establishments Act 1972 as amended in 1992 which extends to the whole of the State of Manipur makes it mandatory for every shop or establishment to get registered under the Act. and prescribes fees for registration and certificate of Registration. This Act has been in force for the past many years and since then all shops and establishments within the purview of the Act have been controlled and regulated under this Act.

Under these two parallel laws mentioned above the shops/establishments within the Imphal Municipality are required to get registered under two authorities – one under the Imphal Municipal Council Bye-laws and another under the Manipur Shops and Establishments Act 1972 and get licence/certificate from two different authorities for running a business. Now the question arises as to who is the controlling authority of the shops and establishments within the Imphal Municipal area. This has to be viewed as an Act vs a Bye-law situation.

An Act is a law passed by the Parliament or a State Assembly and assented to by the President or Governor concerned. Whereas, Bye-laws are laws, regulations and rules made under an Act and Rules framed thereunder, meant for government of members of a body like corporations and it must be intra-vires the authority who makes it. So the said IMC Bye-laws can be binding only within the corporation and not beyond. The functions and duties of the Municipality are specified in the Manipur Municipalities Act 1994.

Obligatory functions of the Municipality as laid down in Sec. 37 of the said Act includes
i) lighting public roads and places,
ii) cleaning public roads, places and sewers not being private property,
iii) extinguishing fires and protecting life and property,
iv) constructing, altering and maintaining public roads, culverts, markets, drains, etc,
v) constructing public latrines, privies and urinals,
vi) naming streets and numbering houses,
vii) registering births and deaths and other activities of similar nature.

The special duties assigned to a Municipality as laid down in Sec. 38 of the Act, include
i) providing special medical aid and accommodation in times of outbreak of dangerous disease,
ii) providing relief works, in times of famine, etc.

Further, a Municipality may exercise certain discretionary functions as provided under Sec. 39 of the said Act. by way of providing out of the municipal property and fund for a number of works/services and activities including
i) laying out new public roads and acquiring land for the purpose,
ii) planting and maintaining trees on the road sides,
iii) public health and infant welfare,
iv) organisation or maintenance of shops or stalls for the sale of necessities of life,
v) maintenance of ambulance service, public hospitals and dispensaries and providing medical service and other public welfare activities.

But these discretionary functions are to be carried out, at its discretion and with funds provided out of the Municipal fund and property, either wholly or partly. It is clear and unquestionable that the Municipality cannot extend its control and administration over properties and/or establishments of private individuals except with some specific authorisation under the Manipur Municipalities Act.

A Municipality may frame Bye-laws only for the purpose of carrying out the provisions of the Manipur Municipalities Act 1994. No Bye-laws can be made to carry out or do something for which there is no specific provision in the Act.

The Imphal Municipal Council (Registration and Licencing) Bye Laws 1998 was made without any authority under the Manipur Municipalities Act 1994 and hence in violation of the Act, for the sole purpose of collecting fees and fines from owners of shops and establishments without provision for any service in return.

It will be in the best interest of the general public if the concerned authorities look into the matter and consider cancellation of the confirmation, if any, of the said Bye-laws under Sec.211 (3) of the Manipur Municipalities Act.


* L Nandakumar Singh wrote this article for The Sangai Express
The writer can be reached at lnkumar44(AT)gmail(DOT))com
This article was webcasted on September 23, 2018.



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Manipuri Calendar for 2018 : Download
  • Lamyanba Irabot- Floral Tribute #2: Gallery
  • A scientific view to uniqueness of Kangla
  • Citizenship Bill 2016: An unjust Bill
  • Developing a database on bio-resource #1
  • The Killing Fields 2013-18 : News Timeline
  • Flight at the land of clouds :: Poem
  • Stop occupation at Moreh Chikim village
  • Contribution of Rani Gaidinliu
  • Police Day Marathon #2: Gallery
  • Kayada Ningthijaba Eseino :: Review
  • Stop religious encroachment of Kangla
  • Cry of a Dying River - 50 :: Poem
  • Money- laundering and juveniles
  • To drive or to be driven
  • The barricade cordoning CMO
  • October 31 rally : Manipur is a reality !
  • Mera Chaorel Houba #2 : Gallery
  • Anglo-Kuki War 1917-19 : Gallery
  • Tribes, Castes & Development :: Book
  • Durga Puja celebration in Manipur
  • Multidrug-Resistant Tuberculosis
  • Life did put me into darkness :: Poem
  • Matrimonial sites: Dangerous proposals
  • Absentee in history
  • Of KTC and demand of UMLA
  • Pari Imom (Film Scenes) #1 :: eRang
  • Chunglenyanba, Awa Leima :: eMing
  • Manipur State Constitution Act, 1947 #1
  • 7th anniversary of PCRM
  • Funding TB response is smart investment
  • The Broken Stone:: Poem
  • 15 Ceremonial Horses handed to Myanmar
  • Needs for realizing the truth
  • Time to put education on track
  • Bor khoiramba @Hiyangthang #1 : Gallery
  • Kuki Black Day: desperation to Nagas #2
  • Finance knowledge to make better decision
  • Naga Peace Process :: News Timeline
  • Bunglawn Remembers Dr Kalam's Visit
  • No baab tree :: Poem
  • Official website of Sangai Photo Festival
  • Beauty care with natural ingredients
  • Deportation of Rohingya against intl law
  • Noting efforts to put MU on track
  • MU: Teachers/students released : Gallery
  • Death Anniv - Bhagyachandra #3 : Gallery
  • Ithai Barrage Impact on Environment
  • Rural development as career option
  • Put the kibosh on ochlocracy
  • Chronic Kidney Disease (CKD) in women
  • India International Cherry Blossom Festival
  • Marketing Assistant @ PiCiDi, Canchipur
  • 'Ram Madhav is wrongly briefed' : NPF
  • Uniforms for school teacher: What purpose?
  • Marangwon at @Mt Khorung #3 : Gallery
  • Police Day Marathon #1: Gallery
  • I call it life :: Poem
  • International day for Disaster reduction
  • Contested territorial demands in Manipur
  • WhatsApp & mobile usage study results
  • Physics Programme in Nowgong College
  • Rejoinder to NDPP [15 October]
  • Stop bluffing Nagas
  • The state of the states
  • Gearing up for Oct 31 rally
  • Historical Evaluation of Puya Meithaba #4
  • MU: Student/police clash -10 Oct #2: Gallery
  • X-Jam -Extreme Sports & Music festival
  • Urban Local Govt in Mizoram :: Book
  • 3 perspectives in context of present Manipur
  • Figures in the Shadows :: Poem
  • To UNC, Zomi Council, Hmar Inpui on ST
  • HC acted in good faith for MU
  • Jarnail Singh @ MU : Gallery
  • Heikru Hidongba #3 : Gallery
  • The undeniable subtlety of Atingkok
  • Kuki Black Day: desperation to Nagas #1
  • Let me shower moonlight :: Poem
  • On allegations issued by NPF : NDPP
  • Challenges to the digital dreams
  • Eyes now on K Yugindro
  • Lamyanba Irabot- March Past #3: Gallery
  • Death Anniv - Bhagyachandra #2 : Gallery
  • Meetei Tribe wont grab land of Hill Tribes
  • Making a tangible difference
  • Contradicted journey of IPC Section 377
  • Free open defecation & open pee
  • Act East & Importance of Myanmar & NE
  • Vacancies at Multimind Software
  • Waiting for "Sorry"
  • Out Yugindro in Jarnail Singh
  • Mera Chaorel Houba #1 : Gallery
  • AMAND Pune: Cultural evening : Gallery
  • Management Convergence at Mizoram Univ
  • Observation of World Mental Health Day
  • Cry of a Dying River - 49 :: Poem
  • Buddhism is free from compulsion...
  • 7th AGM / Cultural evening of AMAND, Pune
  • Forsaken farmers - food for thought
  • Second police raid at MU
  • NESO opposes Indo-Nepal Treaty in NE
  • British Council, NEC sign MoU
  • MU: Student/police clash -10 Oct #1: Gallery
  • Death Anniv - Bhagyachandra #1 : Gallery
  • Anglo-Kuki War 1917-1919
  • University :: Poem
  • Remembering class boycott 2009-2010
  • Hair stylist as career option #2
  • Training of Trainers on Gender Justice
  • Manipur University fresh violence by police
  • MU Crisis- admissions and omissions
  • Issues besetting State before LS polls
  • Langban Heitha Leithaba #2 : Gallery
  • Sizo Festival @Saikot : Gallery
  • Opening of Moreh-Tamu Border Gate
  • Forest Cover of Nagaland :: Book Review
  • Ingocha Chingtham: Cycling from Mumbai ..
  • Blood Transfusion service- future in Manipur
  • IT Enabled Employment Generating Course
  • NDPP condemns statement of NPF
  • Beyond the reality
  • Need for MUTA to approach Court
  • Kang Tournament @Kongba #2: Gallery
  • Elangbam Sonamani : Sahityaratna 2017
  • Celebrating the rights of wildlife- Are we
  • The sky's gone wonderful :: Poem
  • Communal Harmony and Integration
  • Opportunity for India in Indo-Pacific Region
  • To be a good man
  • Education : Why no private players here ?
  • Tarpon Sonba : Gallery
  • mtM :: Seireng
  • MN Singh promoted as IG of CBI felicitated
  • Loktak from different perspectives #2
  • The Journey of Happiness :: Poem
  • A personal discourse of Manipuri people
  • Improper use of loud speakers in Manipur
  • Art Exhibition @Art College #3: Gallery
  • Sudip Kongbrailatpam -recording engineer
  • Dismantled 9th times & safer in 10th times
  • Remembering Irawat: Are we following ..
  • State Level Archery Championship 2018
  • Stop religious encroachment at Kangla
  • Navratri (festival) make up
  • khongjang changsinnaba sem sarey : ST
  • MU crisis: Emerging questions
  • Lining up five days blockade
  • Dhol Chollom @Sangai Fest: Gallery
  • A Road Trip to Myanmar #2
  • Maroi napakpi in Manipuri dishes
  • National Integration Tour Team
  • Cry of a Dying River - 48 :: Poem
  • Ending antimicobial resistance to #endTB
  • Condoles death of Pu Kaikhokam Kipgen
  • Rejoinder to NDPP (5th Oct) : NPF
  • Responsibility required - not restriction
  • After Thuingaleng Muivah who ?
  • Paddy dry up due to deficit rainfall
  • Lamyanba Irabot- March Past #2: Gallery
  • Binalakshmi Nepram : RAW in WAR Award
  • Agribusiness & Carbon Management : Book
  • Is Gandhi (ian) relevant today ?
  • Guidelines for Hostels for Children
  • ATM based frauds : Router compromise
  • 'Rio's announcement as just mockery'
  • Training Program on Mushroom Cultivation
  • 'Chadong' - the victim of development
  • Poles apart : Pandey and Singh
  • Manipuri Diaspora in Myanmar #2
  • Why has Egg become Danger for Manipur?
  • Speech by Atif Anik on Irabot Day 2018
  • Wounded tree :: Poem
  • Hair stylist as career option
  • Synopsis of Sizo Festival 2018
  • Traffic regulation still a Flop show
  • In the evening of his life : Th Muivah
  • Langban Heitha Leithaba : Gallery
  • World Bamboo Day #2: Gallery
  • Where have all the lights gone ?
  • Mahatma and non-violence
  • Detention of students/professors of MU
  • Gandhi Jayenti at Itanagar
  • IBSD cleans Imphal City
  • MU: Abide by wisdom of Sr citizens
  • Power of humility
  • Ghost of Pandey : Four teachers suspended
  • Lamyanba Irabot- March Past #1: Gallery
  • October Calendar for Year 2018 :: Tools
  • Looking at Loktak from perspectives #1
  • Morning - a Haiku :: Poem
  • R&V Art House curates 'Land of Polo'
  • Show for football fans at NEUFC Fan Park
  • Indigenous People: Stand against Fascist
  • Clarification on Tamei Residential School
  • Organic Farming Tour to Sikkim
  • System error- or is this real democracy
  • Autonomy for Naga- Stakeholders on board
  • Th. Muivah hospitalized
  • Choidev Chongba @Kang Fest : Gallery
  • A Road Trip to Myanmar #1
  • The day after Sahnit-Ni
  • ..but Irabot may still shed tears in heaven
  • Heikru Hidongba #2 : Gallery
  • Lamyanba Hijam Irabot :: Read all about
  • Tingmila Doungel : Manipuri Boxer
  • Tarpon: Annual offerings to dead by living
  • Historical Evaluation of Puya Meithaba #3
  • MU: General Srtike [27 Sep] #2 :: Gallery
  • Irabot's letter to Assembly :: 18 Oct 1948
  • Ringui Village, Ukhrul :: Gallery: Gallery
  • Front Page Photo 2018 #4: Gallery
  • Tuilha Kol waterfall #2: Gallery
  • Eyek Tamba :: Learn Manipuri script
  • Sit-In: Naga Peace Talk #2 : Gallery
  • Inner Line Permit (ILP) Demand :: Timeline
  • Jangou Rah : eRang Classic
  • Manglandasu Nang - OST :: e-pao Radio
  • Old Manipuri Movie #1 :: eRang Classic
  • SPONSORED ADS