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MANIPUR (HILL AREAS DISTRICT COUNCIL) ACT

Ministry of Law and Justice

Act nº 76 of 1971


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Act nº 76 of 1971

Preamble

THE MANIPUR (HILL AREAS) DISTRICT COUNCILS ACT, 1971

[Act, No. 76 Of 1971]

PREAMBLE

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 as follows:--

Chapter I

Section 1. 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 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Administrator" means the administrator of the Union territory of Manipur1appointed 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 to 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.

1. Manipur is now a State.


Chapter II

Section 3. 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) after 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.

Section 4. Constitution of District Councils and their composition

(1) For each autonomous district there shall be a District Council as from such date1as the Administrator may, by notification1in 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.

1. District Council in each of the six Autonomous Districts in the hill areas of Manipur State, constituted w.e.f. 1-8-1973.


Section 5. 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.

Section 6. 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 7. 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 8. 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 9. Electors on electoral rolls

(1) The persons entitled to vote 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 be held in accordance with the rules made under section 21 on such date or dates as the Administrator may, by notification in the Official Ga7ette, 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.