Section 42 of The Manipur (Hill Areas) District Councils Act, 1971 in hindi — Recoveries of moneys claimable by the Council
Bare section text
Official Legislative Text
- (1)Save as provided by section 37, all moneys claimable by a District Council may be recovered on an application to a Magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys.
- (2)An application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the Chairman of the Council.
Educational Study Layer
Summary
- The District Council can force people to pay money they owe to the Council.
- However, unpaid taxes and fees are handled differently under Section 37, where they are collected like general public dues.
- For other types of owed money, the Council must apply in writing to a local Magistrate where the person living owes the money.
- This application must be signed by an officer who has been authorised by the Chairman of the Council.
- The Magistrate can then seize and sell the person's movable or immovable property to recover the owed money and the costs of the legal process.
Practical examples
FAQ
1. How does the Council get back unpaid taxes?
Unpaid taxes and fees are recovered as public dues under the law for the time being in force, as stated in the cross-referenced Section 37.
2. How does the Council get back other money owed to it that is not a tax or fee?
They apply to a Magistrate, who can seize and sell the debtor's property.
3. Who writes the application to the Magistrate?
An officer who is officially authorised by an order from the Chairman of the Council.
4. Can the Magistrate sell someone's land to pay their debt to the Council?
Yes, the Magistrate can attach and sell immovable property (like land or a house) within their jurisdiction.
Practice Quiz
Q1.Under Section 42 of The Manipur (Hill Areas) District Councils Act, 1971, which method is used specifically for recovering arrears of taxes and fees, as opposed to other types of money owed to the Council?
Q2.Under Section 42 of The Manipur (Hill Areas) District Councils Act, 1971, who must sign the application to the Magistrate for the recovery of non-tax money?
Q3.Under Section 42 of The Manipur (Hill Areas) District Councils Act, 1971, what actions can the Magistrate take to recover the money once an application is filed?
Q4.Under Section 42 of The Manipur (Hill Areas) District Councils Act, 1971, what happens to the costs of the legal proceedings used to recover the money?
Q5.Under Section 42 of The Manipur (Hill Areas) District Councils Act, 1971, where must the Magistrate have jurisdiction to hear the recovery application?