The Manipur Panchayati Raj Act, 1994 Act 26 of 1994 Keyword(s): Adhyaksha and Up-Adhyaksha, Gram Sabha, Gram Panchayat, Panchayat, Panchayat Area, Population, Pradhan, Up-Pradhan, Village, Zilla Parishad Amendments appended: 5 of 1996, 4 of 1997, 5 of 1998, 16 of 2005 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT ------ N O T I F I C A T I O N Imphal, the 20 th Sept,1996 No.2/23/96-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 19-9-1996 is hereby published in the Manipur Gazette. (Sd/- L.Ibomcha Singh) Secretary to the Govt. of Manipur ------ THE MANIPUR PANCHAYATI RAJ (AMENDMENT)ACT, 1996 (Manipur Act No. 5 of 1996) An Act to amend the Manipur Panchayati Raj, Act, 1994 (No.20 of 1994) Be it enacted by the Legislature of Manipur in the forty Seventh year of the Republic of India as follows :- 1. Short title and commencement :- 1) This Act may be called the (Manipur Panchayati Raj Amendment) Act, 1996. 2) It shall be deemed to come into force with effect from the 17 th day of September, 1996. 2. Amendment of Section 3 :- In section 3 of the Manipur Panchayati Raj Act, 1994, (herein after referred to as the Act): (a) Sub-section (1) shall be re-numbered as (1-A) and the following new sub-section (1-B) and (1-C) shall be inserted namely:- (1-B) The State Government shall by Notification in the Official Gazette, establish a Gram Sabha for a village or a group of adjoining villages having population of not less than three thousand and not more than six thousand subject to such variation not being larger than two thousand, as may be necessary on consideration of the local situation. (1-C) A notification under this section shall specify the name of the Gram Sabha by which it shall be known and shall define the limits of the area within its jurisdiction. (b) After sub-section (2), the following new sub-section (3) shall be inserted, namely :- (3) Every member of the Gram Sabha unless disqualified under this Act or any other law for the time being in force, be qualified to vote at the election of the members of a Gram Panchayat and Pradhan of the Gram Sabha and also at the election of the directly elected members of the Zilla Parishad constituency in the area of which the Gram Sabha lies. Contd. (2)
- 2-3. Amendment of Section 7: After sub-section (2) of Section 7 of the Act, the following proviso shall be inserted, namely :- Provided that no quorum shall be necessary for a meeting adjourned for want of quorum, for the second time. 4. Amendment of Section 17 :- In section 17 of the Act, for the figure 350, the figure 600 shall be substituted. 5. Amendment of Section 18:- In Sub-section (1) of section 18 of the Act :- (a) for clause (1), the following shall be substituted, namely:- (i) Divide the area of the Gram Sabha into territorial constituencies. (b) clause (ii) shall be deleted. 6. Amendment of Section 22:- In section 22 of the Act:- (a) sub-clause (ii) of clause (b) of sub-section (1) shall be deleted. (b) In sub-section (2), the words or an Administrator shall be deleted. (c) In sub-section (3), for the words cease, the word continue shall be substituted and the words or an administrator and or Administrator, as the case may be shall be deleted. (d) In sub-section (4) the words or Administrator, or the Administrator and or the Administrator, as the case may be shall be deleted. (e) after sub-section (4), the following sub-section (5) shall be inserted, namely:- (5) Not withstanding anything contained in the Act, if the State Government is satisfied that the first elections to Gram Panchayats after the commencement of this Act can not be held, the State Government may appoint Administrative Committees to exercise the powers and to perform the duties and functions of the Gram Panchayat for a period not exceeding six months. 7. Amendment of Section 25 :- In Section 25 of the Act:- (a) for clause (i), the following shall be substituted, namely :- (i) such number of offices of Pradhan of Gram Panchayat in the district for scheduled castes and scheduled tribes and the number of offices so reserved shall bear as nearly as may be the same proportion to the total number of offices in the district as the population of the scheduled castes or scheduled tribes in the district bears to the total population of that district, (b) in clause (ii), the words and up-pradhan, as the case may be, shall be deleted. Contd.. (3)
- 3 8. Amendment of section 30 :- For sub-section (1) of Section 30 of the Act, the following shall be substituted, namely :- (1) (a) Every Pradhan shall be deemed to have vacated forthwith if the resolution expressing want of confidence in him is passed by a majority of not less than two-third of the members of the Gram Sabha present and voting at the meeting specially convened for the purpose. The requisitions for such a special meeting shall be signed by not less than half of the total number of members of the Gram Sabha then on the roll and shall be delivered to the prescribed authority. The prescribed authority shall, within seven days from the date of receipt of requisitions, convene a special meeting of the Gram Sabha. The meeting shall be held by issuing ten clear days notice. The meeting shall be presided over by the prescribed authority or an official nominated by him for the purpose. (b) Every Up-pradhan shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of not less two-third of the members of the Gram Panchayat present and voting, at a meeting specially convened for the purpose. The requisitions of such a special meeting shall be signed by not less than half of the total numbers of members of the Gram Panchayat then on the roll and shall be delivered to the prescribed authority. The prescribed authority shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat. The meeting shall be held by issuing seven days clear notice. The meting shall be presided over by an official nominated by him for the purpose. No motion of no confidence under clause (a) or (b) shall be moved against the Pradhan or the Up-pradhan in the initial two years of their respective terms. If the motion of no confidence is once rejected, no fresh motion of no confidence shall be brought within a period of one year from the date of such rejection of the motion. 11. Substitution of Section 35 :- For Section 35 the following shall be substituted, namely:- 35. The Gram Panchayat shall perform such functions which may lie within their competence and jurisdiction to be specified by the Government, in respect of items enumerated in the Eleventh Schedule of the Constitution of India. The functions specified by the Government shall be published in the Official Gazzette. 10. Amendment of Section 38 :- In clause (a) of sub-section (2) of Section 38 of the Act, for the sentence The Pradhan shall be the ex-officio member and Chairman of the Social Justice Committee, the sentence The Up-pradhan shall be the ex-officio member and Chairman of the Social Justice Committee shall be substituted. 11. Amendment of Section 49 :- For the second proviso to Section 49 the following shall be substituted, namely:- provided further that all the members of Zilla Parishad whether elected or not from territorial constituencies in the Zilla Parishad area shall have the right to vote in the meeting of the Zilla Parishad except in the election of Adhyaksha and Up-Adhyaksha, in the case of which only the elected members shall have the right to vote. Contd...(4)
- 4-12. Amendment of Section 50 :- In Section 50 of the Act (a) in sub-section (1), for the figure 15,000, the figure 18,000 shall be substituted. (b) for clauses (a) and (b) of sub-section (2) the following shall be substituted, namely:- (a) divide the area of Zilla Parishad into territorial constituencies; (b) each constituency shall elect one member by direct election to the Zilla Parishad. 13. Amendment of Section 52 :- In sub-section (1) of Section 52 of the Act, for the words seats shall bear, the words seats so reserved shall bear shall be substituted. 14. Amendment of Section 54 :- For clause (a) and (b) of sub-section (2) of Section 54 of the Act, the following shall be substituted, namely (a) such number of offices of the Adhyaksha of Zilla Parishad in the State for persons belonging to the Scheduled Castes and Scheduled Tribes and the number of offices so reserved shall bear as nearly as may be, the same proportion to the total number of offices of Adhyaksha in the Zilla Parishad as the population of the Scheduled Castes or Scheduled Tribes in the Zilla Parishad areas in the State bears to the total population of the Zilla Parishad areas in the State; (b) not less than one-third of the total number of offices of the Adhyaksha for women. 15. Amendment of Section 57 :- In sub-section (4) of Section 57 of the Act, for the words one-fifth, the words onehalf shall be substituted. 16. Amendment of Section 61 :- For section 61 of the Act, the following shall be substituted, namely 61. The Zilla Parishad shall perform such functions with such powers and authority as may be specified therein by the State Government in the Official Gazette in respect of items enumerated in the Eleventh Schedule of the Constitution of India. 17. Amendment of Section 65 :- In sub-section (4) of Section 65 of the Act, the words not shall be deleted. 18. Amendment of Section 76 :- After sub-section (2) of Section 76 of the Act, the following new sub-section (2-a) shall be inserted, namely:- (2-a) The Chief Executive Officer shall also be the ex-officio Secretary of the Zilla Parishad. 19. Amendment of Section 96 :- For sub-section (5) of Section 96 of the Act, the following shall be substituted, namely: (5) The Adhyaksha of the Zilla Parishad shall be the Chairman of the District Planning Committee. 20. Amendment of Section 100 :- In Section 100 of the Act, after the words of the Gram Panchayat, the words or Zilla Parishad shall be inserted.
GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT ------ N O T I F I C A T I O N Imphal, the 10 th September, 1997 No.2/21/97-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 6-9-1997 is hereby published in the Manipur Gazette. (Sd/- L.Ibomcha Singh) Secretary to lthe Govt. of Manipur ------ THE MANIPUR PANCHAYATI RAJ (SECOND AMENDMENT) ACT, 1997 (Manipur Act No. 4 of 1997) An Act further to amend the Manipur Panchayati Raj Act, 1994 Be it enacted by the Legislature of Manipur in the Forty-eight year of the Republic of India as follows : 1. Short title and commencement:- (1) This Act may be called the Manipur Panchayati Raj (Second Amendment) Act, 1997. (2) It shall be deemed to have come into force on the 18 th day of June, 1997. 2. Substitution of Section 82 :- For Section 82 of the Manipur Panchayati Raj Act, 1994, the following shall be substituted, namely :- 82.Powers of Government to reconstitute Gram Panchayat and Zilla Parishad in case of alteration of area- (1) when on account of the reason that the territorial limits of an area of Gram Panchayat or Zilla Parishad are altered or on the separation of the limits of an area of a district, the Government shall by notification in the Official Gazette, reconstitute the Gram Panchayat and the Zilla Parishad into such number of Gram Panchayat and Zilla Parishad constituencies under the provision of this Act. (2) The sitting members of the Gram Panchayat and Zilla Parishad constituencies in the state of Manipur shall, notwithstanding the alteration in the extent of the constituencies by virtue of the notification under sub-section (1) continue to be members of the Gram Panchayat or Zilla Parishad and be deemed to have been respectively elected to the said Gram Panchayat or Zilla Parishad constituencies as so altered. (3) The sitting Adhyaksha and Up-Adhyaksha of a Zilla Parishad shall continue to hold their respective offices for the remaining period of the term of the reconstituted Zilla Parishad under Sub-section (1). Contd. (2)
- 2 - (4) Subject to the provisions contained in Section 54, the sitting members of a reconstituted Zilla Parishad shall elect two members from among themselves to be Adhyaksha and Up-Adhyaksha thereof, in case there is no sitting Adhyaksha or Up- Adhyaksha in a reconstituted Zilla Parishad, and for such election the Deputy Commissioner of the district shall convene a meeting of the sitting members of the reconstituted Zilla Parishad on a date specified by him, as soon as may be, after the notification in sub-section (1). (5) When a Gram Panchayat or Zilla Parishad has been reconstituted under this section so much of the Gram Panchayat or Zilla Parishad fund and other property vesting in the Gram Panchayat or Zilla Parishad immediately before, reconstitution shall vest in and such portion of the debts, and obligations shall be transferred to, the Gram Panchayat or Zilla Parishad reconstituted under this section as the Government may direct by an order made in writing. (6) The rights and liabilities of the Gram Panchcayat or Zilla Parishad immediately before the reconstitution, in respect of civil and criminal proceedings, contract, agreements and other matters of things arising in and relating to any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad reconstituted shall vest in such Gram Panchayat or Zilla Parishad. (7) Any appointment, notification, notice, tax, order, scheme, license, permission, rule, regulation or form made, issued, imposed or granted by the Gram Panchayat or Zilla Parishad which has been reconstituted in respect of any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad which has been reconstituted shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad unless and until it is suspended by any appointment, notification, notice, form, order, scheme, license, permission, rule and regulation made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad. EXPLANATION : In this section, sitting member, sitting Adhyaksha or Up-Adhyaksha in relation to a Gram Panchayat or Zilla Parishad, as the case may be, means a person who immediately before the reconstitution of such Gram Panchayat or Zilla Parishad under sub-section (1) is elected member of that Gram Panchayat or Zilla Parishad and Adhyaksha or Up-Adhyaksha of that Zilla Parishad.
GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT ------ No.2/32/98-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 12/8/98 is hereby published in the Manipur Gazette. (Sd/- L.Ibomcha Singh) Secretary to the Govt. of Manipur ------ THE MANIPUR PANCHAYATI RAJ (THIRD AMENDMENT) ACT, 1998 (Manipur Act No. 5 of 1998) An Act further to amend the Manipur Panchayati Raj Act, 1994 (No. 26 of 94) Be it enacted by the Legislature of Manipur in the Forty-ninth year of the Republic of India as follows : 1. Short title and commencement:- (1) This Act may be called the Manipur Panchayati Raj (Third Amendment) Act, 1998. (2) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment of section 57:- In section 57 of the Manipur Panchayati Raj Act, 1994 (a) In sub-section (4) (i) for the words one-half, the words one-third shall be substituted. (ii) the last sentence in the initial two years of their term as Adhyaksha or Up-Adhyaksha, as the case may be, of Zilla Parishad, no motion of noconfidence shall be brought against them shall be deleted. (b) In sub-section (5), for the words once rejected and rejection, the words defeated and defeat respectively shall be substituted. Memo No. 2/32/98-Leg/L Imphal, the 14 th Aug. 1998 Copy to:- 1) The Secretary, Legislative Assembly, Manipur. 2) The Under Secretary (RD&PR), Govt. of Manipur. 3) The Director, Printing & Stationery, Manipur for favour of publication in the Manipur Gazette Extra-Ordinary dated 14-8-98. He is requested kindly to send 50(fifty) copies of the publication to the Law Department. Sd/- (Th.Kamini Kumar Singh) Asstt. Draftsman (Law) Govt. of Manipur
No. 157. Imphal, Thursday, September 8, 2005 (Bhadra 17, 1927) GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT ------ N O T I F I C A T I O N Imphal, the 8 th September, 2005 No.2/10/2005-Leg/L : The following Act of the Legislature of Manipur which received assent of the Governor of Manipur on 5-9-2005 is hereby published in the Official Gazette. THE MANIPUR PANCHAYATI RAJ (FOURTH AMENDMENT) ACT, 2005 (Manipur Act No.16 of 2005) AN ACT further to amend the Manipur Panchayati Raj Act, 1994 BE it enacted by the Legislature of Manipur in the Fifty-sixth year of the Republic of India as follows : 1. Short title and commencement:- (1) This Act may be called the Manipur Panchayati Raj (Fourth Amendment) Act, 2005. (2) It shall come into force from the date of its publication in the official Gazette. 2. Amendment of Section 5:- In section 5 of the Manipur Panchayati Raj Act, 1994 (hereinafter referred to as Principal Act) for the word six, the word three shall be substituted. 3. Amendment of Section 7:- In sub-section (1) of the section 7 of the Principal Act, for the words one tenth, the words, one fifth shall be substituted. 4. Amendment of Section 29:- For sub-section (2) of the section 29 0f the Principal Act, the following shall be substituted, namely- (2) Every resignation under sub-section (1) shall have immediate effect. Contd..(2)
- 2-5. Amendment of Section 30:- In sub-section (1) of the section 30 of the Principal Act, (i) after clause (b), the following new clause (bb) shall be inserted, namely- (bb) Withdrawal of no-confidence motion against the Pradhan or Up- Pradhan or both as the case may be, shall not be allowed ; (ii) In clause (c), for the words rejected, rejection and one year, the words defeated, defeat and six months shall be substituted. 6. Amendment of Section 56:- In clause (c) of sub-section (2) of the section 56 of the Principal Act, the words for a period exceeding thirty days shall be deleted. 7. Amendment of Section 57:- (a) In section 57 of the Principal Act, (i) for sub-section (2), the following shall be substituted, namely- (2) Every resignation under sub-section (1) shall have immediate effect ; (ii) after sub-section (4), the following provisos shall be added, namely- Provided that if the Adhyaksha fails to convene the said meeting within the stipulated time, the members shall request the Deputy Commissioner for the purpose, who shall, within five days from the date on which he receives the request, direct the Chief Executive Officer of the Zilla Parishad to convene the meeting within seven days.: Provided further that withdrawal of no-confidence motion against the Adhyaksha or Up-Adhyaksha or both, as the case may be, shall not be allowed ; (iii) the existing clause (b) of sub-section (4) shall be renumbered as subsection (5) and in the sub-section so renumbered, for the words one year, the words six months shall be substituted. A. SUKUMAR SINGH, Secretary (Law), Govt. of Manipur. Printed at the Directorate of Ptg. & Sty.., Govt. of Manipur/305-C/8-9-2005.