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MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971
76 of 1971
STATEMENT OF OBJECTS AND REASONS The Hill Areas of the Union territory of Manipur are inhabited mostly by tribal people. In view of this, when the Union territory of Manipur was given the Legislature under the Government of Union Territories Act, 1963 a special provision was included in section 52of that Act for the constitution of the Standing Committee of the Legislature consisting of members from the Hill Areas. 2. It is considered desirable that the people in the Hill areas should be more closely associated in the development of those areas. With this object in view, it is proposed that the Hill Areas, as determined by the President under section 52 of the Government of Union Territories Act, 1963, may be divided into autonomous districts and a District Council may be constituted for each autonomous district. The elections to the District Councils would be on the basis of adult franchise, The District Councils would be on the lines of the former Territorial Councils, with adequate executive powers to deal with matters of local development and other matters of importance to the tribals. The District Councils would have powers to levy and collect taxes and fees like taxes on professions, trades, callings, and school fees. The District Councils would also be competent to recommend legislation relating to matters like appointment or succession of Chiefs, inheritance of property and social customs insofar as they concern members of the Scheduled Tribes, The Bill is intended to achieve this object. 3. The notes on clauses, appended to the Bill. explain in detail the various provisions of the Bill. -- Gaz. of India, 29-11-1971, Pt. II. S. 2, Exi" p. 817; For notes on clauses see pages 818 to 819.
An Act to provide for the establishment of District Councils In the Hill Areas In the Union territory of Manipur. Be it enacted by Parliament in the Twenty-second Year of the Republic of India us follows: -
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Manipur (Hill Areas) District Councils Act, 1971.
(2) It extends to the whole of the Union territory of Manipur.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Administrator" means the administrator of the Union territory of Manipur2appointed under article 239 of the Constitution;
(b) "autonomous district" means an autonomous district referred to in sub-section (1) of section 3-;
(c) "building" includes a house, out-house, stable, latrine, urinal, shed, hut, wall (other than boundary wall) and any other structure (whether of masonry, bricks, wood, mud or other material) but does not include any portable or temporary shelter;
(d) "constituency" means a District Council constituency provided by order made under section 5-for the purpose of elections to the District Council:
(e) "Deputy Commissioner", in relation lo any District Council, means the officer appointed as such by the Administrator, by notification in the Official Gazette, to perform the functions of the Deputy Commissioner under this Act in the autonomous district for which such District Council has been constituted;
(f) "Hill Areas" means the Hill Areas determined by the President by any notification issued under sub-section (2) of section 52 of the Government of Union Territories Act, 1963-and in force immediately before the commencement of this Act;
(g)"Hill Areas Committee" means the Standing Committee referred to in section 52 of the Government of Union Territories Act, 1963-;
(h) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale of, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or any other persons;
(i) "member" means a member of a District Council constituted under this Act:
(j) "Official Gazette" means the Gazette of the Union territory of Manipur;
(k) "person" does not include a body of persons:
(m) "Scheduled Tribes" has the same meaning assigned to it in clause (25) of article 366 of the Constitution;
(n) "vehicle" includes a carriage, cart, hand-cart, bicycle, tricycle and every wheeled conveyance which is used or is capable of being used on a street but does not include a mechanically propelled vehicle.
SECTION 03: DIVISION OF HILL AREAS INTO AUTONOMOUS DISTRICTS
(1) As soon as may be after the commencement of this Act, the Administrator shall cause all the Hill Areas to be divided into not more than six autonomous districts.
(2) The Administrator may, by order notified in the Official Gazette,-
(a) declare that any area in any autonomous district which is, or is intended to be, included within the limits of any municipality, cantonment or town committee shall cease to be a part of such autonomous district.
(b) increase the area of any autonomous district;
(c) diminish the area of any autonomous district;
(d) unite two or more autonomous districts or parts thereof so as to form one autonomous district;
(e) define the boundaries of any autonomous district;
(f) alter the name of any autonomous district.
(3) No order under sub-section (2) shall be made by the Administrator except after consultation with the Hill Areas Committee.
(4) Any order made by the Administrator under sub-section (2) may contain such incidental and consequential provisions as appear .to the Administrator to be necessary for giving effect to the provisions of the order.
Clause 3.- This clause empowers the Administrator to divide the Hill Areas in the Union Territory of Manipur, as determined by the President under section 52(2) of the Government of Union Territories Act. 1963The clause further provides that before making any change in the territorial extent of any autonomous district the Administrator shall consult the Hill Areas. Committee.- Gaz. of India. Pi. II. Section 2-, Ext., p. 818.
SECTION 04: CONSTITUTION OF DISTRICT COUNCILS AND THEIR COMPOSITION
(1) For each autonomous district there shall be a District Council as from such date as the Administrator may, by notification3in the Official Gazette, appoint in this behalf.
(2) The total number of seats in the District Council to be filled by persons chosen by direct election on the basis of adult suffrage from territorial constituencies shall be not more than eighteen.
(3) The Administrator may nominate not more than two persons, not being persons in the service of Government, to be members of any District Council.
Clauses 4 tol3.- These clauses provide for the constitution of District Councils, their composition, delimitation of constituencies for election of members, qualifications and disqualifications for membership of the councils preparation of electoral rolls, procedure for election of members and the term of office of members. - Gaz. of India. '29-11-71. Pi. U.S. 2. Ext.,. p. 818.
SECTION 05: DELIMITATION OF CONSTITUENCIES
The Administrator shall, by order, determine
(a) the constituencies (which shall be single member constituencies) into which an autonomous district shall be divided for the purpose of election of members to the District Council of that district; and
(b) the extent of each constituency.
See under S. 4.
SECTION 06: POWER TO ALTER OR AMEND DELIMITATION ORDERS
The Administrator may, from time to time, by order, alter or amend any order made under section 5-
SECTION 07: QUALIFICATIONS FOR MEMBERSHIP
A person shall not be qualified to be chosen as a member of a District Council of any autonomous district unless he is an elector for any District Council constituency in that autonomous district.
SECTION 08: DISQUALIFICATION FOR MEMBERSHIP
(1) A person shall be disqualified for being chosen as a member of a District Council if he is for the time being disqualified for being chosen as a member of either House of Parliament or holds any office of profit under any District Council.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under a District Council by reason only that he is a member thereof.
SECTION 09: ELECTORS ON ELECTORAL ROLLS
(1) The persons entitled to vole at elections of members of a District Council shall be the persons entitled, by virtue of the provisions of the Constitution and the Representation of the People Act, 1950, to be registered as voters at elections to the House of the People.
(2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency formed under section 5-shall be deemed to be the electoral roll for that constituency for the purposes of this Act.
SECTION 10: RIGHT TO VOTE
(1) Every person whose name is, for the time being, entered in the electoral roll of a constituency shall be entitled to vote at the election of a member of the District Council from that constituency. (2) Every person shall give one vote and no more to any one candidate at an election.
SECTION 11: ELECTION OF MEMBERS
Election of members of a District Council shall beheld in accordance with the rules made under section 21-on such date or dates as the Administrator may, by notification in the Official Gazette, direct : Provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy : Provided further that no election shall be held to fill up a casual vacancy occurring within four months prior to the holding of a general election under this section.
SECTION 12: NOTIFICATION OF RESULTS OF ELECTIONS
The names of all persons elected or nominated to be members of a District Council shall be published by the Administrator in the Official Gazette.
SECTION 13: TERM OF OFFICE OF MEMBERS
(1) Save as otherwise provided in this section, the term of office of a member shall be five years and shall commence from the date of the notification of his election or nomination under section 12-or from the date on which the vacancy in which he is elected or nominated has occurred, whichever date is later: Provided that the Administrator may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the members by such period not exceeding one year as he thinks fit.
(2) The term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
SECTION 14: DISPUTES AS TO ELECTIONS
(1) No election of a member shall be called in question except by an election petition presented to the court of the District Judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section 12-.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16-by any candidate at such election or by any elector of the constituency.
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition -
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
SECTION 15: RELIEF THAT MAY BE CLAIMED BY PETITIONER
A petitioner may in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
SECTION 16: GROUNDS ON WHICH AN ELECTION MAY BE CALLED IN QUESTION
The election of a returned candidate may be called in question on any one or more of the following grounds, namely:-
(a) that on the date of his election the returned candidate was not qualified to be elected, or he was disqualified for being elected as a member under this Act: or
(b) that the nomination paper of any candidate at the election has been improperly rejected; or
(c) that the result of the election has been materially affected by the improper acceptance of a nomination paper or by the improper acceptance or refusal of a vote or by any other cause.
SECTION 17: PROCEDURE TO BE FOLLOWED BY THE DISTRICT JUDGE
The procedure provided in the Code of Civil Procedure, 1908 in regard to suits shall be followed by the court of the District Judge, as far as it can be made applicable, in the trial and disposal of an election petition under this Act.
SECTION 18: DECISION OF THE DISTRICT JUDGE
(1) At the conclusion of the trial of an election petition, the Court of the District Judge shall make an order -
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Court of the District Judge is of opinion -
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes. the court of the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
SECTION 19: PROCEDURE IN CASE OF EQUALITY OF VOTES
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 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 23: CHAIRMAN AND VICE-CHAIRMAN
(1) A District Council shall, as soon as may be, choose two members lo be respectively Chairman or 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 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 lo 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.
SECTION 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.
SECTION 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-
(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 the 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.
SECTION 26: ALLOWANCES OF MEMBERS
Subject to the provisions of sub-sec. (4) of section 23-, every member shall be entitled to receive such allowances as may be determined by the Administrator.
SECTION 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 (he 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.
SECTION 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-
SECTION 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, moveable 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:
(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 I unctions under the Cattle Trespass Act, 1871 as may be transferred to that Council by the Administrator:
(vi) the establishment, maintenance and management of markets and fairs and the constructions, 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(2) It shall be competent for a District Council lo 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 Triibes, namely:-
(a) appointment or succession of Chiefs;
(b) inheritance of property:
(c) marriage and divorce; and
(d) social customs.
Clause 29.- This clause enumerates the functions of the District Councils which include matters of local importance like primary schools, dispensaries, markets and fairs, provision of drinking water, roads, regulation of Jhumming, etc. The Councils may also make recommendations in regard to legislation relating to appointment or succession of chiefs, tribal customs, etc.-Gaz. of Ind.. 29-1 1-71, Pt. II, Section 1- Ext., p. 818.
SECTION 30: CONDUCT OF BUSINESS
A District Council shall conduct its business in such manner and in accordance with such procedure as may be prescribed.
SECTION 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.
SECTION 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 lo his disadvantage except with the previous approval of the Administrator.
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