Section 90 of The Manipur Panchayati Raj Act, 1994 — Government’s power of suspending execution of unlawful orders or resolutions
Bare section text
Official Legislative Text
- (1)If on the receipt of a report from the Chief Executive Officer in this behalf or otherwise the Government is of the opinion that execution of any order or resolution of Zilla Parishad or the doing of anything which is about to be done or is being done by on behalf of a Zilla Parishad is unjust, unlawful, or 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 an order suspend the execution or prohibit the doing thereof.
- (2)When the Government makes an order under sub-section (1), it shall forthwith forward to the Zilla Parishad affected thereby a copy of the order with a statement of reasons for making it and the Government may confirm or rescind the order or 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 under this sub-section shall be made by the Government without giving the Zilla Parishad concerned a reasonable opportunity of showing cause against the said order.
Educational Study Layer
Summary
- The State Government can suspend any order or resolution passed by a Zilla Parishad.
- This power is triggered if the Government believes the Zilla Parishad's action is unjust, unlawful, or improper.
- Actions can also be stopped if they threaten public peace or cause significant public annoyance or injury.
- The Government can act on a report from the Chief Executive Officer or on its own initiative.
- After suspending an action, the Government must provide the Zilla Parishad with the reasons for the decision.
- The Zilla Parishad must be given a fair chance to explain why the order should not be made.
Practical examples
FAQ
1. Who can report an unlawful Zilla Parishad resolution to the Government under Section 90?
Under Section 90 of the Manipur Panchayati Raj Act, 1994, the Chief Executive Officer can submit such a report, or the Government can act on its own.
2. Can the Government permanently stop a Zilla Parishad's order under Section 90?
Yes, the Government can confirm the suspension order permanently or for a specific period after hearing from the Zilla Parishad.
3. Does the Zilla Parishad get a chance to show cause under Section 90?
Yes, Section 90 of the Act requires that the Zilla Parishad be given a reasonable opportunity to show cause before the Government makes its order.
Practice Quiz
Q1.Under Section 90 of the Manipur Panchayati Raj Act, 1994, the Government can suspend a Zilla Parishad resolution if it is likely to cause what to the public?
Q2.Who is specifically mentioned in Section 90 of the Manipur Panchayati Raj Act, 1994, as being able to provide a report that leads to a suspension?
Q3.What must the Government provide to the Zilla Parishad when it makes an order under Section 90 of the Manipur Panchayati Raj Act, 1994?
Q4.Based on Sections 89 and 90 of the Manipur Panchayati Raj Act, 1994, what is the consistent rule for both Gram Panchayats and Zilla Parishads before a suspension is finalized?