Manipur (Hill Areas District Council) Act, 1971
Act No: 76
[26th December, 1971.]
- Part 2 -

19. Procedure in case of equality of votes.

(1) If during the trial of an election petition it appears that there is equality of votes between any candidates at the election and that the addition of a vote would entitle any of those (6)

candidates to be declared elected, then, the court of the District Judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

20. Finality of decisions.

(1) An order of the court of the District Judge on an election petition shall be final and conclusive.

(2) An election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.

21. Power to make rules regulating the election of members.

The Administrator may make rules to regulate all or any of the following matters for the purpose of the holding of elections of members under this Act, namely:--
(a) the manner of the splitting up of electoral rolls for parliamentary constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency; and the officer or authority by whom such splitting up is to be carried out;

(b) the drawing up of the programme of election;

(c) the appointment of returning officers, presiding and polling officers for election;

(d) the nomination of candidates and the scrutiny of such nomination;

(e) the deposits to be made by candidates and the time and manner of making such deposits;

(f) the withdrawal of candidatures;

(g) the appointment of agents of candidates;

(h) the time and manner of holding elections;

(i) the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast;

(j) the fee to be paid on an election petition;

(k) any other matter relating to elections or election disputes in respect of which the Administrator deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Administrator, necessary.

22. Incorporation of District Councils.

Each District Council shall be a body corporate by the name respectively of "the District Council of (name of autonomous district)" and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.

23. Chairman and Vice-Chairman.

(1) A District Council shall, as soon as may be, choose two members to be respectively Chairman and Vice-Chairman thereof and so often as the office of Chairman or Vice- Chairman becomes vacant, the Council shall choose another member to be Chairman or Vice- Chairman, as the case may be:

Provided that the Administrator may nominate the first Chairman who shall hold office for a period not exceeding one year.

(2) If a resolution for the removal of an elected Chairman is passed by not less than two- thirds of the total membership of the Council at a meeting convened in accordance with the provisions of sub-section

(3), such resolution shall have the effect of removing the Chairman from his office as from the date on which the resolution is so passed and if such resolution is passed by less than two-thirds but not less than one-half of the total membership of the Council, the Administrator may, by order in writing, remove, for reasons to be recorded, the Chairman from his office as from such date as may be specified in the order: Provided that no such resolution shall be brought within one year from the date of election of the Chairman:

Provided further that if the resolution is not passed by not less than two-thirds of the total membership of the Council, no other resolution for the removal of the Chairman shall be allowed to be considered within one year from the date on which such resolution was considered.

(3) A notice in writing of the intention to move a resolution referred to in sub-section (2) signed by not less than one-third of the total membership of the Council together with a copy of the proposed resolution shall be delivered to the Deputy Commissioner in accordance with the rules made by the Deputy Commissioner in this behalf and the Deputy Commissioner shall, after giving not less than fifteen days' notice thereon, convene for consideration of the resolution a meeting of the Council to be held in the office of the Council on a date not later than thirty days from the date on which the notice was delivered to him and he shall preside over the meeting.

(4) The Chairman of the Council shall be a whole-time functionary and shall be entitled to such salary or allowances as may be fixed by the Administrator.

24. Oath or affirmation by members.

Every member shall, before taking his seat, make and subscribe at a meeting of the District Council, an oath or affirmation in the prescribed form.

25. Vacation of seats.

(1) No person shall be a member both of the Legislative Assembly of the Union territory of Manipur and of a District Council and if a person is chosen a member both of the Legislative Assembly and of a District Council, then, at the expiration of fourteen days from the date of publication in the Official Gazette that he has been so chosen, that person's seat in the District Council shall become vacant unless he has previously resigned his seat in the Legislative Assembly.

(2) If a member— (8)

(a) becomes subject to any of the disqualifications mentioned in section 8; or

(b) resigns his seat by writing under his hand addressed to the Chairman of the District Council, his seat shall thereupon become vacant.

(3) If during the six successive months a member is, without the permission of the District Council, absent from all meetings thereof, the Council may declare his seat vacant.

(4) If any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the District Judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final.

26. Allowances of members.

Subject to the provisions of sub- section (4) of section 23, every member shall be entitled to receive such allowances as may be determined by the Administrator.

27. Liability of members.

Every person shall be liable for the loss, waste or misappropriation of any money or other property belonging to a District Council, if such loss, waste or misappropriation is a direct consequence of his neglect or misconduct while a member of the District Council and a suit for compensation may be instituted against him by the Council with the previous sanction of the Deputy Commissioner or by the Deputy Commissioner with the previous sanction of the Administrator.

28. Members to be deemed to be public servants.

Every member shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)

CHAPTER III FUNCTIONS OF DISTRICT COUNCILS

29. Functions of District Councils. (1) Subject to such exceptions and conditions as the Administrator may make and impose, the following matters shall be under the control and administration of a District Council, namely:--
(i) the maintenance and management of such property, movable and immovable, and institutions as may be transferred to that Council by the Administrator;

(ii) the construction, repair and maintenance of such of the roads, bridges, channels and buildings as may be transferred to that Council by the Administrator; 1054

(iii) the establishment, maintenance and management of primary schools and the construction and repair of all buildings connected with these institutions and institution of scholarships;

(iv) the establishment, maintenance and management of dispensaries;

(v) the establishment and maintenance of cattle pounds including such functions under the Cattle-trespass Act, 1871 (1 of 1871) as may be transferred to that Council by the Administrator; (9)

(vi) the establishment, maintenance and management of markets and fairs and the construction, repair and maintenance of all buildings connected therewith;

(vii) the supply, storage and prevention from pollution of water for drinking, cooking and bathing purposes;

(viii) the construction, repair and maintenance of embankments and the supply, storage and control of water for agricultural purposes;

(ix) the preservation and reclamation of soil;

(x) the preservation, protection and improvement of live- stock and prevention of animal diseases;

(xi) public health and sanitation;

(xii) the management of such ferries as may be entrusted to the charge of that Council by the Administrator;

(xiii) the initiation, inspection and control of relief works;

(xiv) the allotment, occupation or use, or the setting apart of land, other than land acquired for any public purpose or land which is a reserved forest, for the purpose of agriculture or grazing or for residential or other non-agricultural purposes or for any other purposes likely to promote the interests of the inhabitants of any village or town situated within the autonomous district for which that council is constituted;

(xv) the management of any forest not being a reserved forest;

(xvi) the regulation of the practice of Jhum or other form of shifting cultivation; and

(xvii) any other matter which the Administrator may, in consultation with the Hill Areas Committee, entrust to the District Council in the field of agriculture, animal husbandry, community development, social and tribal welfare, village planning or any other matter referred to in section 52 of the Government of Union Territories Act, 1963 (20 of 1963).

(2) It shall be competent for a District Council to recommend to the Government of the Union territory of Manipur legislation relating to the following matters in so far as they concern members of the Scheduled Tribes, namely:--
(a) appointment or succession of Chiefs;

(b) inheritance of property;

(c) marriage and divorce; and

(d) social customs.

CHAPTER IV PROCEDURE AND STAFF OF DISTRICT COUNCILS

30. Conduct of business.

A District Council shall conduct its business in such manner and in accordance with such procedure as may be prescribed. (10)

31. Committees.

A District Council may, from time to time, appoint out of its own body such and so many committees for the efficient discharge of its duties as may be necessary.

32. Officers and staff. (1) For every District Council there shall be a Chief Executive Officer, who shall be appointed by the Administrator.

(2) If a resolution for removal of the Chief Executive Officer is passed at a meeting of the District Council by a majority of not less than two-thirds of the total membership of the Council, the Administrator shall remove him forthwith.

(3) The District Council shall appoint such officers and staff as may be necessary for the proper and efficient execution of its duties and make regulations for their conditions of service.

(4) The power of appointing officers and staff (whether temporary or permanent) shall be exercised in accordance with the rules framed for the purpose by the Administrator.

(5) The conditions of service applicable to a person immediately before his appointment to a post under a District Council shall not be varied to his disadvantage except with the previous approval of the Administrator.

(6) Every officer or member of staff of a District Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). CHAPTER V FINANCE OF DISTRICT COUNCILS AND VESTING OF PROPERTY

33. Powers of taxation.

Notwithstanding anything to the contrary contained in any other law for the time being in force, a District Council shall have the power to levy all or any of the following taxes within the autonomous district for which the Council is constituted, that is to say—
(a) taxes on professions, trades, callings and employments;

(b) taxes on animals, vehicles (other than mechanically propelled vehicles) and boats;

(c) taxes on entry of goods into a market for sale there in and tolls on passengers and goods carried in ferries;

(d) taxes for the maintenance of schools, dispensaries or roads; and

(e) any other tax falling under List II of the Seventh Schedule to the Constitution which the Legislature of the Union territory of Manipur may, by law, empower the District Council to levy.

34. Levy of fees.

A District Council may fix and levy—
(a) school fees; and (11)

(b) fees for the use of, or benefits derived from, any of the works done or services rendered under section 29.

TO BE CONTINUED>>>>>>>

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