Back
THE MANIPUR PANCHAYATI RAJ (SECOND AMENDMENT) ACT, 1997
THE MANIPUR PANCHAYATI RAJ (SECOND AMENDMENT) ACT, 1997
[Act No. 4 of 1997]
PREAMBLE
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:
Section 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 18th day of June, 1997.
Section 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).
(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 Panchayat 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.”
