An Act to provide for the constitution and organisation of Panchayats as units of local self-Government in the rural areas of Manipur and for matters connected therewith and incidental thereto.
WHEREAS it is expedient to reorganise Panchayats in rural areas of Manipur by comprehensive enactment to establish a two-tier Panchayati Raj system in the State with elected bodies at the Gram and District levels, in keeping with the Constitutional provisions relating to Panchayats for greater participation of the people and more effective implementation of rural development programmes.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:--
Section 1. Short title, extent and commencement
(1) This Act may be called the Manipur Panchayati Raj Act, 1994.
(2) It extends to the whole of the State of Manipur excepting any area to which the Manipur (Hill Areas) District Council Act, 1971 or the Manipur (Village Authorities in Hill Areas) Act, 1956 extends, or which has been or may hereafter be declared as or included in, a municipality under any law for the time being in force, or which has been or may hereafter be declared as, or included in a cantonment under the Cantonment Act, 1924.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Act.
Section 2. Definitions
In this Act, unless the context otherwise requires,--
(a) "Adhyaksha and Up-Adhyaksha'' means an Adhyaksha and a Up-Adhyakhsa of a Zilla Parishad elected under section 54 of this Act;
(b) "Chairperson" means Chairperson of a Standing Committee of a Zilla Parishad or a Gram Panchayat, as the case may be, constituted under the provisions of this Act;
(c) "Chief Executive Officer" means the Chief Executive Officer of a Zilla Parishad appointed under section 75 of this Act;
(d) "Commissioner" means the Commissioner of the Government in the Development and Panchayati Raj or such other person as may be appointed by the State Government to exercise the powers of a Commissioner under this Act;
(e) "district" means the revenue district;
(f) "Deputy Commissioner" means the Deputy Commissioner of a District;
(g) "Government" means the State Government of Manipur;
(h) ''Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the Panchayat at the village level;
(i) "Gram Panchayat" means the Gram Panchayat Constituted under the Act;
(j) "Official Gazette" means the Manipur Gazette;
(k) "Panchayat" means a Gram Panchayat and a Zilla Parishad constituted under the provisions of this Act;
(l) "Panchayat area'' means the territorial area of a Panchyat;
(m) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(n) "Pradhan" means a Pradhan of a Gram Panchayat elected under section 21 of this Act;
(o) "prescribed" means prescribed by rules made under the Act;
(p) "Secretary" means the Secretary of a Gram Panchayat appointed under this Act;
(q) "Standing Committee" means a Standing Committee constituted by a Zilla Parishad or a Gram Panchayat under this Act;
(r) "Up-Pradhan" means a Up-Pradhan of a Gram Panchayat elected under section 24 of this Act;
(s) "village" means a village specified by the Governor by public notification to be a village for the purpose of this Act and includes a group of villages so specified; and
(t) "Zilla Parishad" means a Zilla Parishad of a district constituted under section 48 of this Act.
Section 3. Membership of Gram Sabha and Disqualification
(1) A Gram Sabha shall, subject to sub-section (2), consist of all persons whose names are included in electoral rolls referred to in section 15 within the area of the Gram Sabha:
Provided that no person shall be a member of more than one Gram Sabha.
(2) A person shall be disqualified for being a member of the Gram Sabha, if--
(a) he is not a citizen of India; or
(b) he is of unsound mind and stands so declared by a competent court; or
(c) he is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election to State Legislature.
Section 4. Cessation of Membership
(1) A member of Gram Sabha shall cease to be a member, if he has ceased to be ordinarily resident within the Gram Sabha area.
(2) Where any person ceases to be a member of a Gram Sabha under sub-section (1) he shall also cease to hold any office to which he may have been elected or appointed by virtue of being a member thereof.
Section 5. Periodicity of Meetings
The Gram Sabha shall meet from time to time but six months shall not intervene between any two meetings.
Section 6. Convening of Meetings
The meeting of the Gram Sabha shall be held in accordance with such procedure as may be prescribed.
Section 7. Quorum
(1) The quorum for a meeting of the Gram Sabha shall be one-tenth of its total membership.
(2) If at the time appointed for the meeting, a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall adjourn the meeting to the same time on the same day in the following week. He shall similarly, after waiting for thirty minutes, adjourn the meeting if at any time after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be posted in the office of the Gram Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum.
Section 8. Gram Sabha Meetings
Every meeting of the Gram Sabha shall be presided over by the Pradhan of the concerned Gram Panchayat and in his absence by the Up-Pradhan, and in the absence of both by a member of the Gram Panchayat to be chosen from amongst the members of the Panchayat.
Section 9. Agenda
The Gram Panchayat shall prepare the agenda for discussion of the Gram Sabha, such matters shall relate to the following, namely:--
(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies if any, made thereto;
(b) the budget of the Gram Panchayat for the next financial year; and
(c) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year.
Section 10. Resolution
Any resolution relating to the functions entrusted to the Gram Sabha under section 11, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha.
Section 11. Functions of Gram Sabha
A Gram Sabha shall exercise the following functions, namely:--
(a) rendering assistance in the implementation of development schemes pertaining to the village;
(b) identification of beneficiaries for the implementation of development schemes pertaining to the village:
Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time the Gram Panchayat can identify the beneficiaries;
(c) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;
(d) to promote adult education and family welfare within the village;
(e) promotion of unity and harmony among all sections of society in the village;
(f) such other matters as may be prescribed.
Section 12. Vigilance Committee
The Gram Sabha may also form one or more Vigilance Committees consisting of persons, who are not members of the Gram Panchayat to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting.