 the manipur (village authorities in hill areas) bill, 1956(as introduced in lok sabra)  the manipur (village authorities in hill areas) bill, 1956 (as introduced in !ok sabra) a billto consolidate and amend the law telating to the constitution and  functions of village authorities in the hill ateas of the state of maniput be it enacted by parliament in the seventh year of the republic of india as follows:- chapter is 1 (1) this act maybe call~ the manipur (village authorities short title -  inltill af eas) act, 1956, extent and commence-(2) it extends to the whole of the hill areas of the state of medt mat\lpur ' (3) it shall come into force on such date as the central  govern-10 ment may, by notification in the official gazette, appoint ·itft this act, unles\;, thecohtext oflierwise requires,-definition • (a) "chief commissioner" means the citief colnuwisioner of manipur; is (q)t'deputy comrnis~iooer:' means the peputy commissioner of'manipur and ' includes the additional deputy commissioner thereof; ,  , (c) "ilej,pous, offence" jxlndi-'(llahydl thefollowirg offences plmiabable under the -·li1diaft· penal code,ihat -is-'to say, any otre-n:ce 'under chapter 45 of 1860 vi, rioting, any offence under chapter xii, murder, culpable homicide not amounting to murder, grievous hurt, kidnapping or abducting in order to subject a person to slavery, buying or disposing of any person as a slave, habitual dealing in slaves, rape, robbery, dacoity, mischief by s fire or explosive substance, and house breaking; (ii) any offence punishable under the indian arms act, 1878; ii of 1878 and includes any attempt, preparation or conspiracy to commit, and abetment of, any of the offences specifted in sub-clause (i) 10 or sub-clause (ii); (d) "hill areas" mean such areas in the hill tracts of the state of manipur as the chief commissioner may, by notification in the official gazette, declare to be bill areas; (e) "legal practitioner" includes a pleader, mukhtar or re-is venue-agent; (f) "prescribed" means prescribed by rules made under this act  chapl'er :iiconstitution and functions of village authoritiiils 20 3 (1) for every vllloce having' twenty or more tu-paybac- houses there shall be a village authority eodslstldr of-constitution of - village authoritiel (a) five members, where the number of tn-paying houses in the vlllage is not less than twenty but is not more than sixty; (b) seven members, where the number of tu-payidj' houses 2s in the ,village is more thad sixty but is not more than ode hundred; (c) ted members, where the number of tu-paying houses in the vfilage is more than one hundred bnt is 110t more thad one hundred and my; 30 (d) twelve members, where the number of tu-payinl' houses in the village is more than one huddred and fifty (2) the chief commissioner may, havtnr regard to the paeral interests of the people of any viaai'e as also to the demand, it any, from the people of that vll1age for an elected v11iap authority, 3s declare, by notification in the oftletal gazette, that the village shall have an elected village authorlty, add thereupon the members of the village authority of that vtllap shall be elected in aceordadce with the provisions of this act and the rules made thereunder (3) where no declaration under sub-section (2) has been made s in relation to any village the members of the village authority of that village shall be nominated by the chief commissioner (4) where there is a chief or khallakpa in a village, he shall be  the ex of]icio chairman of the village authority of that village; and where there is no such chief or khallakpa in the village the chair-[0 man of the village authority of that village shall be elected by the members of the village authority from among themselves 4 a person shall not be qualified to be chosen as a member of ~::!iftcla village authority unless hefor mem-(a) is a citizen of india; bership of villa,e authoritici 15 (b) is not less than twenty-five years of age; and (c) in the case of membership of an elected village authority, is registered in the electoral roll as a voter for the election of a member of the village authority 5 a person shall be disqualified for being chosen as, and ao being, a member of a village authority,-for diaqualifications for mcm-(a) if he is a member of any other village authority; benhip of viilagc authoritie • (b) if he is of unsound mind and stands so declared by a competent authority 8 the term of office of members of a village authority shall be term of 25 three years from the date appointed for its first meeting ~~bcfl of of village authorities 7 the election of members of the village authority of a village elcctiod of shall be on the basis of adult suffrage, that is to say, every person ~i~f!::n of who is a citizen of india and who is ordinarily resident in the village authoriand is not less than twenty-one years of age on such date, as may be tics 30 fixed by rules made under this act, shall be entitled to be registered as a voter at any such election explanation-a person shall be deemed to be ordinarily resident in a village if he ordinarily resides in that village or owns, or is in possession of, a dwelling house therein 3' 8 (1) the deputy commissioner may remove any member of village authority from his office-(a) whe is convicted of any non-bailable offence; or -, ""'--l&rwho refuse~rloairt l>rbecomel incapa1:t1eofactiug, oris ----~de&lred' 'tci1:)e insalvent; or' ,   "' "  -(~) ;'ho has 'b~n d~cl~r~d by notification to be dlsquallfted for employment in the public service; or- " '(d) wh!:>~without an excuse 'sufficient' in the qpin~onof the s deputy commissioner absents himself from six consecutive meetings-of the village authority;' or' '" ee) wllo has,been guiltyof it!isconductin the discharge of his d,uties, or of any disgraceful" conduct, if tw~thirds of, the totalril,lull>er 9f thetpe~'bers of the vi1l~e authority ata 10 meeting recommend his removal resignation of members (2) no pe~on who has' been ~movedfrom his qffice uncier 'clause (a) or clause (c) of sub-section (1) shan be eligible for re-nomination or re-election 9 a member of-a village authority mayresigo  his office by ls writing under his hand addressed to the chairman of the authority but sh&li' continue in office' untri his resignation has been accepted in a meetitlgof the authol'ity " ' pflug of 10 when the office of a member of a village authority becomes c:at'wl1-vacant by his removal, tesignation or death', anew-member shall be 20 vlcancfts 'nominated or elected to fill theftcancy aftd'shau"hold office 80 'long as the member whose place he fills would have been, entitled to hold office if such vacancy had not occurred bar to 11 no election of a member of a village autllotity shall be c~iled interferenc1e in question in any court, and no court shall grant an injunction,-25 by couns ' " , ~~~ el  of  matters (a) to postpone the ectiqn a member of a village authority; or (b) to prohibit a person declared to have been duly elected under this act from taking part in the proceedings of a village authority of which he has been eleeted a member; or 30 (c) to prohibit members nominated or elected for a villase auth9,rity from entering upon their duties ele~ion 12 (1) if a dispute arises as to the election of any member of a disputes village authority, the matter shall be referred to the deputy commissioner who shall decide the same after giving notice to the parties 35 concerned and after taking such evidence as may be produced (2) the order of the deputy commissioner may within thirty days from the date thereof, be' revised by the chief commissioner whose· decision shall be final and shall not be questioned in any court 13 no act done or proceedings taken by a village authority un- validation der this act shall be questioned on the ground merely of-~~d a~:o_ s th· f  d f  th ceedings (a) e exlstence 0 any vacancy m, or any e ect in e constitution of, the village authority; (b) any defect or irregularity not affecting the merits of the case 1 14 every village authority shall be a body corporate by the incorpora-10 name of the village for which it is constituted and shall have perpe- ~~nag~f tual succession and a common seal, and shall 'by the said name sue autlloriand be sued, with power to acquire, hold and dispose of property, ties both movable and immovable, and to contract and do all other things necessary for the purposes of this act is 15 subject to the general s~~e~intendence and control of the ~il?::lof deputy comnussloner, the sub-dlvlslond ;:l,,,,i;tnu~ snall have con- authori-!ro~ ?v~r all the village authorities within the local limits of his !~b-ji~i-jurlsdictlon sio~l magistrate 16 (1) every village authority constituted under this act shall, functions 20 within the local limits of its jurisdiction, perfonn the following oaf vhillage ut orj-functions, namely: -_ ties (a) it shall, to the best of its ability maintain law and order and for that purpose exercise and perfonn the powers and duties generally conferred and imposed on the police by or under the police act, 1861: s of l86r 25 provided that a village authority shall not be deemed to be a police officer wi thin the meaning of sections 25 and 26 of the indian evidence act, 1872 or section 162 of the code of criminal procedure, 1898; (b) it shall cause to be arrested without any order from a magistrate and without a warrant-35 (i) any person who is a vagrant or commits a heinous offence or who has been concerned in any such offence or against whom a reasona'ble complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned,  (ii) any person against whom a hue and cry has been raised on the ground of his having been concerned in any heinous offence, whether such offence has been or is being committed within its jurisdiction or outside it, (iii) any person for whose arrest a requisition bas beed received from a police officer; provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made or it appears therefrom that the person might lawfully be arrested without a 5 warrant by the officer who issued the requisition, (iv) any person designing to commit any heinous offence of which the village authority has knowledge, if the commission of offence cannot otherwise be prevented, (v) any person who o'bstructs the village authority in 10 the performance of its functions under this act or rules made thereunder or a police officer while in the execution of his duty, and (vi) any person who has escaped, or attempts to escape, from lawful custody: is provided that where a village authority is unable to arrest an offender it shall forthwith report the matter to the sub-divisional magistrate who shall provide the village authority with such assistance as it requires: provided further that the village authority may pursue be-20 yond the local limits of its jurisdiction any person who has committed a heinous offence or is a vagrant or of bad or suspicious character, and arrest such person outside the local limits of its jurisdiction with the consent of the village authority within the local limits of whose jurisdiction the person pursued 25  is found; -(c) it shall give immediate information to the sub-divisional magistrate of every unnatural, suspicious or sudden death which may occur, and of any heinous offence which may be committed, within the local limits of its jurisdiction and shall keep the sub- 30 divisional magistrate informed of all disputes which are likely to lead to a riot or serious affray; and (d) it shall supply any information which any police officer or the sub-divisional magistrate or the deputy commissioner may require from it 35 (2) no person who is arrested under ~his section shall be detained in custody without being informed, as soon as may be, of the grounds ~f such arrest (3) every person who is a,rrested and detained in custody shall be produced before the nearest magistrate within a period of twenty 40 four hours of such arrest excluding the time necessary for the journey from the place of attest to the court of the magistrate and do such person shall be detained in custody beyond the said period without the authority of a magistrate; 17 (1) every person shall be bound to render, to a village autho- obli&,ation 'rity performing the functions under this act, dl the assistance t?ill:~~8t i', which he is bound to render to a police officer under section 42 of the ~uthol'i-, , ii, code of criminal procedure, 1898, and, every person who refuses or ties neglects to comply with any requisition for such assistance shall be punishaole with fine which may extend to-o 10 (<<) two hundred rupees, where the sentence is passed by ~ 4 a village court, or (b) five hundred rupees, where the sentence is passed b~ the court of a sub-divisional magistrate (2) against an order passed under sub-section (1) an appeal shall is lie-(a) to the court of sub-divisional magistrate, where the order is passed by a village court; (b) to the court of session, where the order is passed by the court of the su'b-divisional magistrate, 20 within a period of thirty days from the date of such order or within such longer period as the appellate court may allow: provided that no appeal shall lie in any case in which a village court passes a sentence of fine not exceeding twenty rupees or in any case in which the court of a sub-divisional magistrate passes a 25 sentence of fine not exceeding one hundred rupees 18 the chief commissioner may at any time call for and power of examine the record of any proceeding before a village authority, c~ef com-'ii b-d' "i' dc" missioner vi age court, su ivlslona magistrate or eputy ommlssloner to call for under section 17 for the purpose of satisfying himself as to the cor- rvec101 rds of ::, 1 1 fi d d i age  'oj rectness, ega ity or propriety of any n ing, sentence or or er re- authoricorded or passed and after perusing the record set aside, modify or ldi!=s, ~ub-l ivislona confirm such finding, sentence or order: magistrate or deputy provided that where an order has been made by the court of commissession in an appeal preferred under sub-section (2) of section 17, sioner 35 the chief commissioner shall not interfere with such appellate order,  chapt~r iiiadministration of justice by village authorities con'jtiu-19, whenever a village authority has been constituted for any ti~n ° 40 villb6e, the chief commissioner may by notification in the official v~~ gazette, appoint any two or more of the members of the village authority to be a village court during their term of office as members of the village authority '\,  jurisdiction of village a)urts in criminal cases 20 notwithstanding anything contained in the code of criminal procedure, 1898, the village court shall have jurisdiction concurrent with that of the criminal court within the local limits of whose jurisdiction the village is situated for the trial of all offences specified in the schedule | how         ||-------------|| may         || be          || instituted |21 (1) a case before a village court may be instituted by a ( -complaint, made orally or in writing, to a member of the village 10 court (2) if the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the off~nce and such other particulars, if any, as may be prescribed, and shall direct the complain- is ant to appear before the village court 22 (1) if upon the face of the complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous, vexatious or untrue, it shall dismiss the case by order in writing ~ power of village courts to dismiss or refuse to entertain complaint (2) if at any time it-appears to the village court-(a) that it has no jurisdiction to try the case, or (b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or (c) that the case is one which should not be tried by the 25 court, i,t shall direct the complainant to the proper court,  dismisal of case for default 23 if in any case before a village court the complainllnt, fails to appear on the day fixed, or if in the opinion of the  court he"~ows negligence in prosecuting his case, the court may· dismiss the case 30' for default, and such order of dismissal shall operate as an acquittal proceedinls preliminary to trial 24 (1) if the complaint is not dismissedy the vil~ge":co~rt "s~~l; subject to the provisions of &e!ction 53;" by summcms" ", or otherwise '" require the accused to appear and answer the complaint (2) if the accused fails to kppear or cannot be found, the court ss shall report i 'the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when an'eated may forward him for trial to the villag(: court oj' f~ll'ue",him on bail to appear before i" ' (3) the village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the 5 court on any subsequent day to which the trial may be adjourned 5 of 1898 25 notwithstanding anything contained in the code of criminal bar to procedure, 1898, there shall be no appeal by a convicted person' in d::~j!~m any case tried by a village court: of village court5, but provided that the deputy commissioner or the sub-divisional :d:~r r~~rirj 10 magistrate, if satisfied that a failure of justice has occurred, may of  his own motion or on the application of the parties concerned, ca~ cel or modify eny order of conviction or of compensation made by a village court or direct the retrial of any case by a court of compet~nt jurisdiction subordinate to him 26 (1) a village court shall record its decision in writing and pilower of    v lage court~ may sentence an offender convicted by it to pay a fine not exceed- to impose 15 ing two hundred rupees or in default to imprisonment for a term fine or to  awilrd comnot exceedmg one month pensatior (2) when litvillage court imposes &' fine under sub-section (1), 20 it may, when ,passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury ·caused by the offence (3) when a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine if such fine be not 25 paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence: provided that notwithstanding anything contained in the indian ~s of 1860 30 penel code-(a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section; 35 (b) the person serving his term of imprisonment shall be forthwith released if the fine is paid before the expiry of the term of imprisonment: provided further that no woman shall be sentenced to imr-isonment in default of payment of fine l'ower of village 27 when any person is convicted by a village court of an offen(!8 punishable under sub-section 26 and no' previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient-(;<)urt~ to releeo certain offenders after admonition or on probation of good c:ondu( t (a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or (b) that the offender should be released on probation of i:: good conduct, the village court may, notwithstanding anything contained in the code of criminal procedure, 1898, instead of sentencing him at once to any punishment, direct that he be released on his executing a· bond for a sum not exceeding two hundred rupees to appear bond receive sentence when called 15 upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour power of a notwithstanding anything contained in the code of criminal ~~:~: to procedure, 1898, the villtge court may allow the parties to compound 20 5 of 898 permit com- any offence tried by it pounding of offences - power to iqnlfer ,riminal cases 29 the deputy commissioner or the sub-divisional magistrate either on application made to him in this behalf or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him jurisdiction of village court in civfl calel 30 notwithstanding anything conttined in the code of civil procedure, 1908, or in any other law for the time being in force, s of 1908 but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction 30 to try the following classes of suits, namely:-(a) suits for money due on contracts; (b)' suits for the recovery of movable property or the value of such property; (c) suits for compensation for wrongfully taking or injur- 3' ing movable property; and (d) suits for damages by cattle trespass, when the value of the suit does not exceed five hundred rupees 31 no suit shall lie in any village court-cerlain luit dot to be tried by viii  cout'tl (a) on a balance of' partnership account, (b) for a share or part of a share under an intestacy or for a legacy or part of a legacy under a will, (c) by or £gainst the government or public officers in their official capacity, (d) by or against minors or persons of unsound mind, s (e) for the assessment enhancement, reduction, abetment, apportionment, or recovery of tent of, immovable property, (f) for recovery of immovable property, or (g) for enforcement or redemption of a mortgage of immov-10 able property 32 no suit shall lie in any village court, unless at least one of ~o~al the defendants resides within the local limits of !ts jurisdiction at :~~il:di~: tbe time of the institution of the suit, and the cause of action has ti(ir of arisen wholly or in part within those limits ~~u~f:' 15 33 (1) a suit before a village court may be institut~d by a peti- how 8bits tion made orally or in writing, and if the petition is made orally ~:ritut~d the court shall record such particulars as may be prescribed (2) the plaintiff on instituting his suit shall state the value of the claim court is of opinion that the suits barred h 11 b d· 't' by limitasa, y or er 10 wn 109, tion are not triable 34 (1) if at any time the village suit is barred by limitation, the court dismiss the suit b~l (2) if c,t any time it appears to the village court that it has no ~~u~f:, jurisdiction to entertain the suit, the court shall direct the plaintiff 25 to t1}e proper court 35 if in any suit before a village court the plaintiff fails to di,mi88al h d t fi d 'f' th  f th rt h h of luits for appear on tea e xe or 1 10 e op1olon 0 e cou e sows default negligence in prosecuting his suit, the court may dismiss the suit for default: 30 provided that a village court may restore a suit dismissed for deffult, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed  36 if on receiving the petition the village court is satisfied that summons 10 35 the trial of the suit may be proceeded with it· shall by summons 01' ~:f:;;::rts otherwise require the defendant to appear and answer orally or in and an8-writing the claim made in the suit wcr ex parte decision 37 if the defendant fails to appear and the village court is satisfied that he has received notice of the date fixed for hearing, the court may decide the suit e:r parte: provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any 5 processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if s£;tisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a 10 day for proceeding with the suit 38 no decision or order of a village court shall be set aside under section 35 or section 37 unless notice in writing hu been served by the villa~ court on the opposite party in the prescribed manner | no        | order    ||-----------|----------|| to        | be set   || aside     |          || without   |          || notice    | to       || opposite  |          || party    |          || power     |          || of        |          || village   |          || c:ouru    |          || to        |          || determine |          || necessary |          || parties  |          |39 (1) subject to theprovlslons of clause (c) or clause (d) of 15 section 31 tbe village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper dec:sion thereof, and sh'all enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register:  20 provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with (2) in all cases where a new party appears under the proviso to sub-section (1)' during the trial of a suit, he may require that the 25 trial shall begin de novo certain suits not to be  tried by viijge courts 40 no village court shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom 30 they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim j?ecision of 41 when the parties or their agents have been heard snd the villap cour1ii evidence on both sides considered the village court shall, by writ- 3s ten order, pass s4ch decree as may seem just, equitable and according to good conscience, stating in ~he decree the amounts payable as fees under section 45, and the c:mount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable  ' u i) village court·in ordering the payment of a sum of money or instalments· the delivery of any movable property may direct that the money be paid or the movable property be delivered, by instalments 43 the decision of a village court in any suit shall be final as bet- ~sion of s ween the parties to the suits: ~i~r fi:l~  ~~~ provided that the district judge may on application of any party order retrial to the suit made within thirty days from the date of the decree of the  village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court 10 or by any other court subordinate to him if he is satisfied that there has been a failure of justice 'k if the plaintiff or defendant in any suit dies before the suit dea~ of has been decided the suit may • subject to the provisions of clause panics (d) of section 31 be proceeded with at the instance of or against the is legal representatives of the deceased plaintiff or defendant, as the case may be " 45 (1) in all suits instituted in a village court a fee of one anna fees in the rupee shall be payable in advance by the plain'tiff on the amount of the claim upto fifty rupees, and of half anna for every ao rupee of the claim above fifty rupees, and such fees shall not be p~id to either party (2) if the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgment-debtor together with the amount decreed 2s (3) if the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgmentpebtor together with the amount decreed (4) any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder 30 - om;' (-1) if th~, village' eourt passing a decree is unable to effect executioq," satisfaction thereof; it shall grant the decree-holder a certificate to de~ce that effect stating the amount que to him on account of the decree and the amount 'due on account of fees under section 45 (2) 'any decree-holder wishing toexecute8; decree of a village 35 court may apply to t~e cour~ of the munsiff within the local limits of whose~ jurisdiction the village' is' situated and shall present with his applicaticin a certified copy of the decree of the village court; butnb application for execution shall be entertained by the court o{ the munsiff,-(a) unless the village court has certified that it is unable to effect satisfaction of the decree, and (b) unless the application is made after the expiry of three months from the date of the decree (3) in executing a decree of the village court the court of the munsiff shall have the- same powers and shall follow the same procedure as if it were executing a decree passed by itself limitatiod "7 an l' t' f t' f d f '11 rt for execution  - app lca ion or execu ion 0 a ecree 0 a vi age cou of decree or made after the expiry of three years from the date of the decree or order of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded: 10 provided tha~ where the application is made for execution of it decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date ~ 15 48 (1) the :provisions of-7 of 1170e (a) the court fees act 1870, procedure before village courts 5 of 1898 (b) the code of criminal procedure, 1898, and 5 of i90l (c) the code of civil procedure, 1908, shall not apply to any trial or any criminal case or civil buit before a village court 20 (2) the procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this act (3) the indian evidence act, 1872 shall not apply in the trial oft of 117 25 any case or suit by a village court but the village court shall obsen"e as far as possible the principles underlying that act 49 (1) the village court shall be presided over by the chairman of the village authority if he is a member of the court persods who are to preside ovel village courts (2) if the chairman of the village "authority is absent from a sitting of the village court or if he is not a member of the court the court shall elect its own president (3) in the case of difterence of opinions among the members of the court the opinion of the majority shall prevail and the decision! and orders of the court shall be expressed in terms of the views of the majority (4) in the case of an equality of votes the person presiding over th~ court shall have a second or casting vote 10 !to viiiage court sh:all try any criminal case or 8uy civil suit to viilage  or in wbich the village authority or any member thereof is a party courts not - to try any or 181nterested case or - suit in which the village authority or any member thereof is , interested sl (1) subject to the provisions of section 53 a village court may attendance by summons or otherwise send for any person to appear and give of witnelevidence or to produce or cause the production of any document lei -  (2) a village court shall refuse to swpmon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness, cannot be procured without 10 an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable (3) a village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him 15 as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance (4) if any person whom a village court summons by written order to appear or give evidence or to produce any document before it, 20 fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twentyfive rupees 52 (1) the parties to criminal cases triable by a village court shall alperl!lcc 25 appear personally before the court: ~~es provided that the village court, if it sees reason so to do, may dis- vlua,e ed  courts pense with the personal attendance of the accus and permit him to appear by agen,t (2) the parties to civil suits triable by a village court may appear 30 by agent explanation-in sub-section (1) and sub-section (2), "agent" means a full-time servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appealf and plead for such party 35 (3) notwithstanding anything contained in any law, legal practitioners shall not be permitted to practise before a village court 53 no woman shall, against her will, be compelled to appear in :t,pearance person before a village court as an accused or as a party or as a 0 women wim~ , leallsdoli of fees, fines, etc' 54 all fees and snes imposed, all sums decreed or conipensatfoll awarded and all sums due on bonds under this act may be realised under orders of the village court in such manner as may be prescribed 55 every village court shall maintain such registers and records and submit such returns as may be prescribed 5 registers and record • 56 all proceedings before a village court shall be in manipuri lanpa,e of viua,e court ••  chapter iv \ miscji:llaneouspower to 5'7 (1) the chief commissioner may, by notification in the mate rule • official gazette, make rules for carrying out the purposes of this 10 act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the preparation, revision and final publication of is electoral rolls for election of members of a village authority and the particulars to be entered in such rolls; (b) the preliminary publication of electoral rolls in the village to which they relate; (e) the manner in which and the time within which 'claims 20 and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided ; (d) the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given; 25 (e) any other matter relating to elections to village authorities or election disputes arising therefrom; <f) the regulation of the conduct of business of the village authorities and the number of members necessary to form a quorum; 30 (g) the registers and records to be maintained and the returos to be submitted by village authorities and vilkge courts and the particulars to be entered in such registers, records and ': returns; (h) the procedure to be followed by a village court in the 35 institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court ; (i) the issue, serviceo~_executionof summons and other processes by village courts and the issue and service of notice s by village authorities; , __ (j)1 the procedure for the transfer of criminal cases and civil suits frohf-one- vi1jagecourt toanotner village court or to , any __ other court ; (k) the procedure for the execution of decrees, orcien; and 10 -sentences of village courts; oct) the lees to be' levied by village -courts for copies of documents and the procedure to be followed in furnishing jridlegpies; and (m) any other matter which has to be or may be prescribed 15 under this act 58 the manipur state hill peoples (administration) regu~- repeal iuld tion, 1947, in so far as it relates to the constitution and functions of laving • vi!l!age authorities and the administration of justfce, both civil and criminal, by courts of village authorities, is hereby repealed : 20 provided that the said repeal shall not affect-(a) the previous operation of the said regulation, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said regulation, or (c) any penalty, ·forfeiture or punishment in respect of any 25 offence committed under the said regulation, or (d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be 30 instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed: provided further that subject to the above provisions, anything  done or any action taken (including any appointment or delegation made or any notification, instruction or direction issued or any rule, 35 regulation or form made or framed) under the said regulation shall in so far as such thing or action is not inconsistent with the provisions of this act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this act, unless and until it is superseded by anything done or any action fo taken under the provisions of this act  the schedule (see section 20] offences triable by a village court1 offences under sections 24, 26, and 27 of the cattle trespu8 i of 1871 act, 1871 s 2 offences under enactments (other than the indian penal code and this act) or any rules and bye-laws made thereunder which are punishable with fine only upto a limit of two hundred rupees 3 offences under section 34 of the police act, 1861 , of 1861 i  4 offences under the following sections of the indian penal 10 ,  of 1860 code, namely :-sections 160, 178, 179, 269, 277, 289, 290, 294, 323, 334, 341, 352, 358, 426, 447, 448, 504 and 510; and when the value of the property in the opinion of the village court is not over two hundred rupees, sections 379 and 411 is  statement of objects and reasonsthe constitutidn and functions of village authorities in the hill areas of manipur are at present governed by the manipur state hill peoples (administration) regulation, 1947, enacted during the regime of the maharaja of manipur the provisions of this regulation are outmoded, and it is considered desirable to have legislation on more modern lines the present bill seeks to do this while at the same time keeping in view the peculiar conditions obtaining in these areas the principal features of the bill are:-(1) election of village authorities on the basis of adult suffrage in suitable cases in place of nomination under the existing regulation; (2) the rationalisation of the existing provisions· and their simplification as far as possible; (3) the omission of all references to trials by ordeal;  (4) the enlargement of the list of cases which village courts can try g b pant new delhi; the 3td february, 1956 the manipur (vill~ge authorities ,in hili areas) bill 1956, provides for the constitution and functions of the village authorities and for holding elections in suitable cases' as reswt of this bill, it will be necessary to :incur certain initial additional expenditure the minimum additional expen<iitureis estimated to be rs 60,000/- worked out asfollows:-| section                  | of    ||--------------------------|-------|| purpoao                  |       || for which it is required | total || expenditw'c              |       | 1 ~ rltles of eloctionl for the viuap audlo- • ri 4,os61-2 provision of registers etc for maintenance by,tbe rijlagcathorities - - - ri 300420/-3 provision of furniture ri 25012/-tetil or ri s9488/-ri 60,0001-2 some small recurring expenditure will also be necessary for repairs and replacements from year to year, but, this cannot be estimated at present  explanatory memorandum regarding delegated legislationthe object of the bill is to provide for the constitution, powers, and functions of village authorities in the hill areas of manipur clause 57 of the bill empowers the chief commissioner to make rules to carry out the purposes of the proposed enactment the several matters in relation to which such rules may be made have been detailed in the various items of sub-clause (2) of that clause and relate,princip~l1y to the procedure to be followed in: the preparation revision and publication of electoral rolls for election of members of village authorities, the nomination of candid~tes and the settlement of disputes relating to such elections as also to the procedure to be followed in the institution, trial and disposal of criminal cases and civil suits by the village courts these matters are thus matters of procedure and detail which are usually delegated to the executive to be provided for by rules the delegation of legislative power is thus of the normal type -  a billto consolidate and amend the law relating to the constitution and functions of village authorities in the hill areas of the state of manipur the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary 