Section 89 of The Manipur Panchayati Raj Act, 1994
- (1)If in the opinion of the Zilla Parishad the execution of any order or resolution of a Gram Panchayat or any order of any authority or Officer of a Gram Panchayat or the doing anything which is about to be done, or is being done, by or on behalf of a Gram Panchayat is unjust, unlawful, improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may by order suspend the execution of or prohibit the doing thereof.
- (2)When the Zilla Parishad makes an order under sub-section (1) it shall forthwith forward to the Government and to the Gram Panchayat affected thereby a copy of the order with a statement of the reasons for making it and it shall be in the discretion of the Government to confirm or resind the order or to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: Provided that no order of the Zilla Parishad made under this section shall be confirmed, revised or modified by the Government without giving the Gram Panchayat reasonable opportunity of showing cause against the said order.
Summary
- A Zilla Parishad can stop the execution of any order or resolution made by a Gram Panchayat.
- This power can be used if the Gram Panchayat's action is unlawful, unjust, improper, or likely to cause a breach of peace.
- Actions can also be stopped if they are likely to cause injury or annoyance to the general public.
- Once a Zilla Parishad stops an action, it must send the order and its reasons to the State Government.
- The State Government has the final say to confirm, cancel, or change the Zilla Parishad's suspension order.
- The Government must give the Gram Panchayat a chance to explain itself before confirming or modifying the suspension.
Practical examples
FAQ
1. On what grounds can a Zilla Parishad stop a Gram Panchayat's work under Section 89?
Under Section 89 of the Manipur Panchayati Raj Act, 1994, work can be stopped if it is unjust, unlawful, improper, causes public injury or annoyance, or might lead to a breach of peace.
2. Who does the Zilla Parishad inform after suspending a Gram Panchayat resolution under Section 89?
They must forward a copy of the order and the reasons for it to both the State Government and the affected Gram Panchayat.
3. Who has the final authority to permanently cancel a Gram Panchayat's resolution after it is suspended under Section 89?
The State Government has the final discretion to confirm or rescind the order under Section 89 of the Act.
Test yourself
Q1.Under Section 89 of the Manipur Panchayati Raj Act, 1994, which body has the initial power to suspend a Gram Panchayat's resolution?
Q2.Which of the following is NOT a reason for suspension under Section 89 of the Manipur Panchayati Raj Act, 1994?
Q3.When the Government reviews a suspension under Section 89 of the Manipur Panchayati Raj Act, 1994, what must it do before modifying the order?
Q4.Under Section 89 of the Manipur Panchayati Raj Act, 1994, if a Zilla Parishad suspends a Gram Panchayat's resolution, where must it send the statement of reasons?