Bare Acts

CHAPTER VI CONTROL


46. Control.—(1) It shall be the duty of the Chairman of a District Council to furnish to the Deputy
Commissioner a copy of the proceedings of the meetings of the Council and such other information as the
Deputy Commissioner may require.
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(2) The Deputy Commissioner shall have the power to give to any District Council all such directions
as he may consider necessary in respect of subjects, curricula, text books and standards of teaching in
schools vested wholly or partly in the Council and in schools wholly or partly maintained by grants
payable from the Council Fund and the Council shall comply with such directions.
(3) The Deputy Commissioner may, by order, and for reasons to be recorded, suspend the execution
of any resolution or order of any District Council or prohibit the doing of any act which is about to be
done, or is being done, in pursuance of or under cover of any provision of the law relating to the
constitution or functions of the District Council, if, in his opinion, the resolution, order or act is in excess
of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely
to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of
persons:
Provided that the Council may, within fifteen days of the date of the order of the Deputy
Commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order
which has been suspended or the doing of the act has been prohibited.
(4) When the Deputy Commissioner makes any order as aforesaid, he shall forthwith send a copy of it
to the Administrator with a statement of the reasons for making it and forward in due course to the
Administrator the explanation, if any, offered by the Council and the Administrator may, thereupon,
confirm, modify or rescind the order of the Deputy Commissioner.
47. Supersession of District Council.—(1) If, on receipt of a report from the Deputy Commissioner
or otherwise, the Administrator is of opinion that—
(a) any District Council is not competent to perform, or persistently makes default in the
performance of, the duties imposed on it by or under this Act or any other law; or
(b) any District Council exceeds or abuses its powers; or
(c) the financial position and credit position of any District Council is seriously threatened; or
(d) a situation has arisen in which the administration of any District Council cannot be carried on
in accordance with the provisions of this Act,
the Administrator may, by an order published, together with a statement of reasons therefor, in the
Official Gazette, supersede such Council for such period, not exceeding one year, as may be specified in
the order:
Provided that before making an order of supersession as aforesaid under clause (a) or clause (b) or
clause (c), reasonable opportunity shall be given to such Council to show cause why such order of
supersession should not be made:
Provided further that the period of supersession may be extended for any further period or periods not
exceeding six months at a time in consultation with the Hill Areas Committee.
(2) When any District Council is superseded by an order under sub-section (1),—
(a) all the members of the Council (including the Chairman and Vice-Chairman thereof) shall, on
such date as may be specified in the order, vacate their offices as such members without prejudice to
their eligibility for election or nomination under clause (d);
(b) during the period of supersession of the Council, all powers and duties conferred and imposed
upon the Council by or under this Act or any other law shall be exercised and performed by such
officer or authority as the Administrator may appoint in this behalf;
(c) all property vested in the Council shall, until it is reconstituted, vest in the Central
Government;
(d) before the expiry of the period of supersession, election or nomination, as the case may be, of
members to the Council shall be held or made for the purpose of reconstituting the Council.
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48. Effect of certain provisions during the period when the Hill Areas Committee is not
functioning.—Where at any time, consequent on the dissolution of the Legislative Assembly of the
Union territory of Manipur, the Hill Areas Committee is not functioning, then, during the period when
such Committee is not functioning,—
(i) section 3 shall have effect as if sub-section (3) thereof had been omitted;
(ii) clause (xvii) of section 29 and the second proviso to sub-section (1) of section 47 have effect
as if the words “in consultation with the Hill Areas Committee” had been omitted therefrom. 

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