The ARUNACHAL PRADESH MUNICIPAL CORPORATION ACT, 2019

The Arunachal Pradesh Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
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No. 373, Vol. XXVI, Naharlagun, Tuesday, October 1, 2019 Asvina 9, 1941 (Saka) 
GOVERNMENT OF ARUNACHAL PRADESH 
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT 
ARUNACHAL PRADESH CIVIL SECRETARIAT 
ITANAGAR 
• NOTIFICATION 
The 30th September, 2019 
No. Law/Legn-4/2019.- The following Act of Arunachal Pradesh which was passed in the 
Second Session of the Seventh Legislative Assembly and received the assent of the Governor 
of Arunachal Pradesh is hereby published for general information. 
(Received the assent of the Governor on 17th September, 2019) 
THEARUNACHAL PRADESH MUNICIPAL CORPORATION ACT, 2019 
(ACT NO. 8 OF 2019) 
AN 
ACT 
to make a legal framework and mechanism and put in place for establishment and 
constitution of Municipal Corporation in the State of Arunachal Pradesh and matters connected 
therewith and incidental thereto. 
BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventieth -year of 
the Republic of India as follows:- 
CHAPTER-1 
PRELIMINARY 
1. Short title, extent and commencement : (1) This Act may be called the Arunachal 
Pradesh Municipal Corporation Act, 2019. 
(2) It extends to the whole of the State of Arunachal Pradesh excluding the cantonment 
areas therein. 
(3) It shall come into force on the date of its publication in the Official Gazette. 
2. Definitions : In this Act, unless the context otherwise requires,- 
(1) "Backward classes" means such classes of citizens classified under BPL family, 
as may be identified and notified by the State Government from time to time. 
(2) "budget-grant" means the total sum entered on the expenditure side of a budget 
estimate under a major head and adopted by the Corporation and includes any 
sum by which such budget-grant may be increased or reduced by transfer from or 
to other heads in accordance with the provisions of this Act and the regulations 
made there under; 
(3) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, wall 
or any other structure, whether of masonry, bricks, wood, bamboo, mud, metal or 
other material and includes a well but does not include any portable shelter ; 
( 4) "bye-law'' means a bye-law made under this Act, by notification in the Official Gazette; 
(5) "Commissioner" means the Commissioner of the Corporation, appointed by the 
State Government ; 

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(6) "Corporation" means the Municipal Corporation declared and constituted under 
sections 3 and 4 of this Act ; 
(7) "corrupt practice" means any of the practices specified in section 29, 
(8) "casual vacancy" means a vacancy occurring otherwise than by efflux of time in 
the office of a Councillor or in any other elective office ; 
(9) Cattle means domestic animals and includes elephants, mithun, buffaloes, cows, 
oxen, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, 
ewes, sheep, lambs, goats and kids. 
(10) "dangerous disease" means- 
(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, 
cerebrospinal meningitis and diphtheria; and 
(b) any other epidemic, endemic or infectious disease which the Commissioner 
may, by notification, in the Official Gazette, declare to be dangerous disease 
for the purposes of this Act; 
( 11) "Director" means the Director of Urban Local Bodies appointed by the Government; 
(12) "District" means a district in the State; 
(13) "District Judge" means the District Judge having jurisdiction over the municipal 
area; 
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(14) "District Planning Committee" means a committee constituted under section 3 of 
the Arunachal Pradesh District Planning Committee Act, 2011 (5 of 2011 ), at the 
district level to consolidate the plans prepared by the panchayats and the 
municipalities in the district and to prepare a draft development plan for the district 
as a whole; 
(15) "Divisional Commissioner" means the Commissioner of the Division in which the 
Corporation is situated and includes any other Officer appointed by the Government 
to perform all or any of the functions of the Divisional Commissioner under this 
Act;" 
(16) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, 
a culvert, a ditch, a channel and any other device for carrying of sewage, offensive 
matter, polluted water, waste water, rain water or subsoil water ; 
(17) "dry latrine" means a latrine or privy from where night soil is removed through 
manual scavenging ; 
(18) "entertainment" includes any exhibition, performance, amusement, game or sport 
to which persons are ordinarily admitted on payment; 
(19) "factory" means a factory as defined in the Factories Act, 1948 (63 of 1948); 
(20) "filth" includes offensive matter and sewage; 
(21) "Finance Commission" means the Finance Commission constituted by the State 
Government under section 138 of the Arunachal Pradesh Panchayati Raj Act, 1997, 
and under articles 243-1 and 243- Y of the Constitution of India ; 
(22) "goods" includes animals ; 
(23) "Government" means the Government of the State of Arunachal Pradesh; 
(24) "house gully" or "service passage" means a passage or strip of land constructed, 
set apart or utilised for the purpose of service as or carrying a drain or affording 
access to a latrine, urinal, cesspool or other receptacle for filth or other polluted 
matter, by Corporation employees or other-persons employed in the cleaning thereof 
or in the removal of such matter therefrom ; 
(25) "hut" means any building which is constructed principally of wood, bamboo, mud, 
leaves, grass, cloth or thatch and includes any structure of whatever material made 
which the Corporation may declare to be a hut for the purposes of this Act ; 
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(26) "land" includes benefits that arise out of land, things attached to the earth or 
permanently fastened to anything attached to the earth and rights created by law 
over any street ; 
(27) "licensed architect", "licensed draftsman", "licensed engineer", "licensed plumber", 
"licensed surveyor" and "licensed town planner" means respectively a person licensed 
under the provision of this Act as an architect, draftsman, engineer, plumber, surveyor 
and town planner; 
(28) "member" in relation to the Corporation means a Councillor thereof: 
(29) "municipal area" means the territorial area of the Corporation declared under section 
3 of this Act, 
(30) "municipal drain" means a drain vested in the Corporation; 
(31) "municipal market" means a market vested in or managed by the Corporation ; 
(32) "municipal slaughter house" means a slaughter house vested in or managed by 
the Corporation; 
(33) "municipal water works" means water works vested in the Corporation ; 
(34) "municipality" means an institution of self-Government constituted under section 7 
of the Arunachal Pradesh Municipal Act, 2007, which may be a Nagar Panchayat 
or a Municipal Council Class "A" or a Municipal Council Class "B" or a Municipal 
Council Class "C" ; 
(35) "nuisance" includes any act, omission, place, animal or a thing which causes or is 
likely to cause injury, danger, annoyance or offence to the sense of sight, smell or 
hearing or disturbance to rest or sleep, or which is or may be dangerous to life or 
injurious to health or property ; 
(36) "occupier" includes- 
(a) any person who for the time being is paying or is liable to pay to the owner the 
rent or any portion of the rent of the land or building in respect of which such 
rent is paid or is payable : 
(b) an owner in occupation of, or otherwise using his land or building ; 
(c) a rent-free tenant of any land or building; 
(d) a licensee in occupation of any land or building; and 
(e) any person who is liable to pay to the owner damages for use and occupation 
of any land or building ; 
(37) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt 
and putrid or putrefying substances, other than sewage ; 
(38) "owner" includes a person who for the time being is receiving or is entitled to 
receive, the rent of any land or building whether on his own account or on account 
of himself and others or as an agent, trustee, guardian or receiver for any other 
person who should so receive the rent or be entitled to receive it if the land or 
building or part thereof were let to a tenant; 
(39) "population" means the population as ascertained at the last preceding census of 
which the relevant figures have been published ; 
(40) "premises" means any land or building or part of a building and includes,- 
(a) the garden, ground and out-houses, if any, appertaining to a building or part of 
a building ; and 
(b) any fittings affixed to a building or part of a building for the more beneficial 
enjoyment thereof; 
(41) "prescribed" means prescribed by rules made under this Act; 
(42) "private street" means any street, which is not a public street and includes any 
passage securing access to two or more places belonging to the same or different 
owners; 

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(43) "private market" means a market which is not a municipal market"; 
( 44) "private slaughter house" means a slaughter house which is not a municipal slaughter 
house; 
(45) "public place" means any place which is open to the use and enjoyment of the 
public, whether it is actually used or enjoyed by the public or not ; 
(46) "public securities" means any securities of the Central Government or a State 
Government or any securities guaranteed by the Central Government or a State 
Government or any securities issued under this Act ; 
( 4 7) "public street" means any street which vests in the Corporation or which under the 
provisions of this Act becomes, or is declared to be a public street ; 
(48) "railway administration" would have the same meaning as assigned to it in the 
Indian Railway Act, 1890 (9 of 1890) ; 
(49) "rateable value" means the value of any land or building fixed in accordance with 
the provisions of this Act and the bye-laws made thereunder for the purpose of 
assessment to property taxes ; 
(50) "regulation" means a regulation made by the Corporation under this Act, by 
notification, in the Official Gazette ; 
(51) "reside"- 
(a) a person shall be deemed to "reside" in any dwelling house which or some 
portion of which he sometimes, although not uninterruptedly uses as a 
sleeping apartment; and 
(b) a person shall not be deemed to cease to "reside" in any such dwelling house 
merely because he is absent from it or has elsewhere another dwelling house 
in which he resides, if there is, liberty of returning to it at any time, and no 
abandonment of the intention of returning to it; 
(52) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and 
refuse of any kind which is not filth ; 
(53) "rural areas" means the part of the municipal area which immediately before their 
inclusion within the limits of the municipal areas were situated within the local 
limits of a Gram Panchayat and exclude by a notification under this clause. 
(54) "Scheduled Tribes" shall have the same meaning as assigned to it in clause (25) of 
article 366 of the Constitution of India ; 
(55) "sewage" means night-soil and other contents of latrines, urinals, cesspools 
or drains and polluted water from sinks, bathrooms, stables, cattle sheds and 
other like places, and includes trade effl uents and discharges from 
manufactures of all kinds ; 
(56) "shed" means a slight or temporary structure for shade or shelter; 
(57) "slaughter house" means any place ordinarily used for the slaughter of animals for 
the purpose of selling the flesh thereof for human consumption ; 
(58) "State Election Commission" means the State Election Commission constituted 
by the State Government under section 104 of the Arunachal Pradesh Panchayat 
Raj Act, 1997 ( 5 of 2001) and under articles 243-K and 243-ZA of the Constitution 
of India; 
(59) "street" shall mean any road, footway, square, court, alley, gully or passage, 
accessible whether permanently or temporarily to the public and whether a 
thoroughfare or not, and shall include every vacant space, notwithstanding that 
it may be private property and partly or wholly obstructed by any gate, post, 
chain or other barrier, if houses, shops or other buildings abut thereon, and if it 
is used by any person as means of access to or from any public place or 
thoroughfare, whether such persons be occupiers of such buildings or not, but 
shall include any part of such space which the occupier of any such building 
has right at all hours to prevent all other persons from using as aforesaid and 
shall include also the drains or gutters therein, or on either side of the land, 
whether covered or not by any pavement, verandah or other erection, up-to the 
boundary of any abutting property, not accessible to the public ; 
(60) "trade effluent" means any liquid either with or without particles of matter in 
suspension therein, which is wholly or in part produced in the course of any 
trade or industry carried on at trade premises, and in relation to any trade 
premises means any such liquid as aforesaid which is so produced in the 
course of any trade or industry carried on at those premises, but does not 
include domestic sewage ; 

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(61) "trade premises" means any premises used or intended to be used for carrying 
on any trade or industry ; 
(62) "trade refuse" mean the refuse of any trade or industry ; 
(63) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, 
cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance 
which is used or is capable of being used on a street ; 
(64) "ward" means a municipal ward of the Corporation made under sub-section (2) 
of section 4 of this Act for the purpose of election of a member; 
(65) "water course" includes any river, stream or channel whether natural or 
artificial ; 
(66) "water seal latrine" means a latrine with a minimum water-seal of 20 mm. in 
which excreta is pushed in or flushed by water and is not required to be removed 
by human agency ; 
(67) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, 
wells, reservoirs, aqueducts, water trucks, sluices, main pipes, culverts, 
hydrants, stand-pipes and conduits and all lands, buildings, machinery, bridges 
and things used for, or intended for the purpose of supplying water 
(68) "workshop" means any premises (including the precincts thereof) other than a 
factory, wherein any industrial process is carried on ; and 
(69) "year" means a year commencing on the 1st day of April. 
CHAPTER-II 
CONSTITUTION OF CORPORATION 
3. Declaration of municipal area as Corporation : (1) For the purposes of this Act, the 
area comprised within the limits of the Itanagar Municipal Corporation constituted under 
theArunachal Pradesh Municipal Corporation Act, 2019 shall be the Municipal Corporation 
of Itanagar. 
(2) The Government may, from time to time, by a notification in the Official Gazette, 
declare any municipality to be a Corporation by whatever name called. 
Provided that no municipality or group of municipalities shall be so declared 
to be a Corporation unless :- 
(i) the population thereof exceeds ninety thousand ; and 
(ii) the total income of the municipality or group of municipalities immediately 
preceding the date of issue of the notification, exceeds one crore rupees per 
annum. 
(3) The Government may, from time to time, after consultation with the Corporation, by 
notification in the Official Gazette, alter the limits of the municipal area of the 
Corporation declared under sub-sections (1) and (2) so as to include therein or 
exclude therefrom such areas as may be specified in the notification. 
(4) When the limits of the municipal area are altered, so as to include therein any area, 
except as the Government may otherwise by notification direct, all rules, regulations, 
notifications, bye-laws, orders, directions and powers issued or conferred and all 
taxes imposed under this Act and in force in the municipal area, shall apply to 
such area. 
(5) When a local area is excluded from the Corporation under sub-section (3),- 
(a) this Act, and all notifications, rules, bye-laws, orders directions and powers 
issued, made or conferred under this Act, shall cease to apply thereto ; and 
(b) the Government shall after consulting the Corporation, frame a scheme 
determining what portion of the balance of the Corporation fund and other property 
vesting in the Municipal Corporation shall vest in the Government and in what 
manner the liabilities of the Corporation shall be apportioned between the 
Corporation and the Government, and, on the scheme, being notified, the 
property and liabilities shall vest and be apportioned accordingly. 

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4. Incorporation and constitution of Corporation : (1) The Corporation shall be a body 
corporate having perpetual succession and a common seal with power subject to the 
Provisions of this Act, to acquire, hold and dispose of property and may by the said name 
sue and be sued. 
(2) Save as provided in sub-section (3), all seats in the Corporation shall be filled by 
persons chosen by direct election from the territorial constituencies in the municipal 
area and for this purpose the municipal area shall, by a notification issued in this 
behalf, be divided into territorial constituencies to be known as wards. 
(3) In the Corporation, in addition to persons chosen by direct election under this section, 
the Members of the State Legislative Assembly, representing constituencies which 
comprise wholly or partly in municipal area, shall also be the Councillors. 
5. Duration of Corporation: (1) The Corporation, unless sooner dissolved under section 
420 of this Act, shall continue for five years from the date appointed for its first meeting. 
(2) An election to constitute the Corporation shall be completed - 
(a) before the expiry of its duration specified in sub-section (1); 
(b) before the expiration of a period of six months from the date of its dissolution : 
Provided that where the remainder of the period for which the dissolved 
Corporation would have continued is less than six months, it shall not be necessary 
to hold any election under this section for constituting the Corporation for such 
period. 
(3) A Corporation constituted upon its dissolution before the expiration of its duration 
shall continue only for the remainder of the period for which the dissolved Corporation 
would have continued under sub-section (1) - had it not been so dissolved. 
6. Delimitation of wards : For the purposes of election of Councillors the Deputy 
Commissioner shall, in accordance with such rules as may be prescribed by the State 
Government,- 
(a) divide the municipal area into wards in such a manner that,­ 
(i) one Councillor shall be elected from each ward ; and 
(ii) as far as possible the population in each ward shall be equally distributed : 
Provided that the population in each ward shall not be less than 5000 and the number 
of total seats to be filled by direct election shall not exceed twenty five; 
(b) Determine the territorial extent of each ward ; and 
(c) Determine the ward or wards in which seats are reserved under this Act. 
7. Qualification for Councillors : A person shall not be qualified to be chosen as a Councillor, 
unless- 
(a) he has attained twenty-one years of age; and 
(b) his name is registered as an elector in the electoral roll of any ward in the municipal 
area. 
8. Disqualifications of Councillors : 1) A person shall be disqualified for being chosen as, 
and for being, a Councillor of the Corporation- 
(a) if he is so disqualified by or under any law for the time being in force for the 
purposes of election to the Legislature of the State: 
Provided that no person shall be disqualified on the ground that he is less than 
25 years, if he has attained the age of 21 years; and 
(b) if he is so disqualified by or under any law made by the Legislature of the State. 
(2) A person shall also be disqualified for being chosen as, and for being, a Councillor­ 
(a) if he is of unsound mind and stands so declared by a competent court; 
{b) if he is an undercharged insolvent; 
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a 
foreign State, or is under any acknowledgement of allegiance or adherence to 
a foreign State. 
(d) if he has, in proceedings for questioning the validity or regularity of an election, 
been found to have been guilty of- 
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(i) any corrupt practice under section 29 of this Act; 
(ii) any offence punishable under sections 171-E or 171-F of the Indian Penal 
Code, 1860 ( 45 of 1860) or any offence punishable under section 29 or clause 
(a) of sub-section (2) of section 38 of this Act; unless a period of six years has 
elapsed since the date of the finding. 
(iii) if he has incurred more expenditure than prescribed under section 19 or has 
failed to lodge account under section 20 within 30 days of the declaration of 
the result of the election;. 
(e) if he has been convicted by a criminal court to imprisonment for an offence involving 
moral turpitude, unless a period of six years has elapsed since his conviction ; 
(f) if he holds any office of profit under the Corporation ; 
(g) if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner 
or is a partner of a firm of which any such licensed person is also a partner; 
(h) if he holds any office of profit under the Government or the Municipal Corporation; 
(i) if he is interested in any subsisting contract made with, or any work being done for 
the Corporation except as a share holder ( other than a director) in an incorporated 
company or as a member of a co-operative society; 
U) if he is retained or employed in any professional capacity either personally or in the 
name of a firm of which he is a partner or with which he is engaged in a professional 
capacity, in connection with any cause or proceeding in which the Corporation or 
any of municipal authorities is interested or concerned ; 
(k) if he, having held any office under the Government, the Corporation or any other 
local authority, any Government company or any corporate body owned or controlled 
by the Government has been dismissed from service ; 
(I) if he has encroached upon or is a beneficiary of the encroachment upon any land 
belonging to, or taken on lease or requisitioned by or on behalf of, the State 
Government, a municipality, a panchayat, a co-operative society or any other local 
authority, unless a period of six years has elapsed since the date on which he is 
ejected therefrom or he ceases to be the encroacher; 
Explanation.-For the purposes of this clause the expression "beneficiaries" 
shall include the spouse and legal heirs of the encroacher; or 
(rn) if he is registered as a habitual offender under the Arunachal Pradesh (Criminal 
Law Amendment) Act, 1987 (4 of 1988). 
(n) if he has been ordered to give security for good behaviour under section 110 of the 
Code of Criminal Procedure, 1973 (2 of 1974); 
(o) if he fails to pay any arrears of any kind due to him, otherwise than as an agent, 
receiver, trustee or an executor to the Corporation within three months after a 
notice in this behalf has been served upon him ; 
(p) if he is in the employment or service under any panchayat or of any other local 
authority or co-operative society or the State Government or Central Government or 
any public sector undertaking under the control of the Central or the State 
Government. 
(q) if he has made any false statement or declaration in writing under this Act or 
the rules made thereunder. 
Explanation.- For the purposes of this clause the expression "service" or 
"employment" shall include persons appointed, engaged or employed on whole 
time, part time, casual, daily or contract basis. 
(3) Notwithstanding anything contained in sub-sections (1) and (2) above - 
(a) a disqualification under clause (e) of sub-section (2) shall not take effect until 
three months have elapsed since the date of such disqualification or if within 
these three months an appeal or petition for revision is brought in respect of 
the conviction or sentence until that appeal or petition is disposed of ; 
(b) a person shall not be deemed to have incurred any disqualification under clause 
(f), or clause (g) of sub-section (2) by reason only of his receiving - 
(i) any pension ; or 
(ii) any allowance or facility for serving as a Mayor or Deputy Mayor or as a 
Councillor ; or 
(iii) any fee for attendance at a meeting of any committee of the Corporation; 

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(c) a person shall not be deemed to have any interest in a contract or work such 
as is referred to in clause (i) of sub-section (2) by reason only of his having a 
share or interest in - 
(i) any lease, sale, exchange or purchase of immovable property or any 
agreement for the same ; or 
(ii) any agreement for the loan of money or any security for the payment of 
money only ; or 
(iii) any newspaper in which any advertisement relating to the affairs of the 
Corporation is associated ; or 
(iv) the sale to the Corporation or to any other municipal authority or any 
officer or other employee of the Corporation on behalf of the Corporation of 
any article in which he regularly trades or the purchase from the Corporation 
or from any such authority, officer or other employee on behalf of the 
Corporation of any article of a value in either case not exceeding five 
thousand rupees in the aggregate in any year during the period of the 
contract or work; or 
(v) the letting out on hire to the Corporation or the hiring from the Corporation 
of any article not exceeding two thousand rupees in the aggregate in any 
year during the period of the contract or work ; and 
(vi) any agreement or contract with the Corporation or any other municipal 
authority for taking water or any other thing which the Corporation may 
generally supply. 
( 4) If a person sits or votes as a Councillor of the Corporation when he is not qualified 
or that he is disqualified for such Councillorship, he shall be liable in respect of 
each day on which he so sits or votes to a penalty of five hundred rupees to be 
recovered as an arrear of tax under this Act. 
(5) If any question arises as to whether a Councillor of the Corporation has become 
subject to any of the disqualifications mentioned in sub-sections (1) and (2), the 
question shall be referred for the decision of such authority and in such manner as 
the Government may by notification provide. 
(6) If a person who is chosen as a Councillor of the Corporation, becomes a Member of 
the House of the People, the Council of States, the State Legislative Assembly, or 
becomes member of a municipality, or an office bearer of a panchayat, then at the 
expiration of a period of fifteen days from the date of publication of the election 
result, as the case may be, within fifteen days from the date of the commencement 
of term of office of a Member of the House of People, the Council of State, the State 
Legislative Assembly or member of the municipality, or an office bearer of a 
panchayat, his seat in a Corporation shall become vacant, unless he has previously 
resigned his seat in the House of People, the Council of States, the State Legislative 
Assembly, the panchayat or the municipality, as the case may be. 
Election to the Corporation : (1) The superintendence, direction and control of the 
preparation of electoral rolls, delimitation of wards and the conduct of all elections of 
the Corporation, shall be vested in the State Election Commission. 
(2) The Government as well as the Corporation shall, when so requested by the State 
Election Commission, make available to the Commission such staff material and 
monetary resources as may be necessary for the discharge of the functions conferred 
on the State Election Commission by sub-section (1 ). 
(3) The State Government in consultation with the Commission shall frame its own 
rules and lay down its own procedure. 
10. Requisitioning of premises: vehicles etc. for election purposes.-(1) If it appears 
to the State Government that in relation to the Municipal Corporation,- 
9. 
(a) any premises are needed or are likely to be needed for the purpose of being used 
as a polling station or for the storage of ballot boxes after a poll has been taken, or 
{b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of 
transport of ballot boxes to or from any polling station, or transport of members of 
the police force for maintaining order during the conduct of such election, or transport 
of any officer or other person for performance of any duties in connection with such 
election, the State Government, may by order in writing, requisition such premises, 
or such vehicle, vessel or animal, as the case may be, and may make such further 
orders as may appear to it to be necessary or expedient in connection with the 
requisitioning : 

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Provided that no vehicle, vessel or animal which is being lawfully used by a 
candidate or his agent for any purpose connected with the election of such candidate 
shall be requisitioned under this sub-section until the completion of the poll at such 
election. 
The requisition shall be effected by an order in writing addressed to the 
person deemed by the State Government to be the owner or person in possession 
of the property and such order shall be served in the prescribed manner on the 
person to whom it is addressed. 
(2) Whenever any property is requisitioned under sub-section (1 ), the period of such 
requisition shall not extend beyond the period for which such property is required 
for any of the purposes mentioned in that sub-section. 
(3) In this section,- 
(a) "premises" means any land, building or part of building and includes a hut, 
shed or other structure or any part thereof ; and 
(b) "Vehicle" means any vehicle used or capable of being used for the purpose of 
road transport, whether propelled by mechanical power or otherwise. 
11. Payment of compensation : (1) Whenever in pursuance of section 1 O(a) the State 
Government requisitions any premises, there shall be paid to the persons interested 
compensation the amount of which shall be determined by taking into consideration the 
following, namely:- 
(i) the rent payable in respect of the premises or if no rent is so payable, the rent 
payable for similar premises in the locality; 
(ii) if in consequence of the requisition of the premises the person interested is compelled 
to change his residence or place of business, the reasonable expenses (if any) 
incidental to such change: 
Provided that where any person interested shall negotiate the compensation 
to be paid in advance. 
Release of premises from requisition : (1) When any premises requisitioned under 
section 1 O are to be released from requisition, the possession thereof shall be delivered to 
the person from whom possession was taken at the time when the premises were 
requisitioned, or if there were no such person, to the person deemed by the State Government 
to be the owner of such premises, and such delivery of possession shall be a full discharge 
of the State Government from all liabilities in respect of such delivery, but shall not prejudice 
any rights in respect of the premises which any other person may be entitled by due 
process of law to enforce against the person to whom possession of the premises is so 
delivered. 
12. 
(2) Where the person to whom the possession of any premises requisitioned under section 
10 is to be given under sub-section (1) cannot be found or is not readily ascertainable 
or has no agent or any other person empowered to accept delivery on his behalf, the 
State Government shall cause a notice declaring that such premises are released 
from requisition to be affixed on some conspicuous part of such premises and publish 
the notice in the Official Gazette. 
(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the 
premises specified in such notice shall cease to be subject to requisition on and from 
the date of such publication and be deemed to have been delivered to the person 
entitled to possession thereof ; and the State Government shall not be liable for any 
compensation or other claim in respect of such premises for any period after the said 
date. 
13. Delegation of functions of the State Government with regard to requisitioning : 
The State Government may, by notification in the Official Gazette, direct that any powers 
conferred or any duty imposed on it by any of the provisions of sections 10 to 12 shall, 
under such conditions, if any, as may be specified in the direction, be exercised or discharged 
by such officer or class of officers as may be so specified. 
14. Deputation of staff and punishment on breach of official duty : (1) The State 
Government shall depute staff from Government or Semi Government Organisations of the 
State Government for the conduct of all elections to the Municipal Corporation and the 
officers or staff em ployed in connection with the preparation, revision and correction of the 
electoral rolls for, and the conduct of all elections shall be deemed to be on deputation with 
the State Election Commission for the period during which they are so employed and such 
officers and staff shall, during that period, be subject to the control, superintendence and 
discipline of the State Election Commission. 

1 o The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 
(2) If any person deputed on election duty under sub-section (1) disobeys any orders 
issued by an officer appointed to conduct the election under this Act regarding the 
performance of an election duty or deliberately abstains himself from duty or contravenes 
any provision of this Act and the rules made thereunder, he shall be punishable with 
fine which may extend to five hundred rupees. 
15. Reservation of seats of Councillors : (1) All Seats shall be reserved for persons 
belonging toArunachal Pradesh Schedule Tribes in the Corporation,- 
(2) One-third out of the total number of seats, reserved under sub-section (1 }, shall be 
reserved for women belonging to the Arunachal Pradesh Scheduled women Tribes. 
(3) The State Government may, by general or special order, reserve such number of seats 
for persons belonging to scheduled tribe in a corporation. 
(4) The seats reserved under sub-sections (2) shall be allotted by rotation to different 
constituencies in the municipal area in such manner as may be prescribed. 
(5) The reservation of seats under this section shall be given effect to through a notification 
issued, at the time of each election, by the State Government. 
16. Right to vote: (1) For every municipal area there shall be a list of voters which shall be 
prepared in accordance with the provisions of this Act and the rules made thereunder. 
(2) Every person who is qualified to be registered in Legislative Assembly roll relatable to 
the municipal area or whose name is entered therein and ordinarily resident within the 
municipal area shall be entitled to be registered in the list of voters of that municipal 
area: 
Provided that no person shall be entitled to be registered in the list of voters for 
more than one ward of the municipal area. 
Explanation-I.- The expression "ordinarily resident" shall have the meaning 
assigned to it in section 20 of the Representation of the People Act, 1950 ( 43 of 1951) 
subject to the modification, that reference to "constituency" therein will be construed 
as reference to "municipal area". 
Explanation-11.-Aperson shall be disqualified for registration in the list of voters of 
the municipal area if he is disqualified for the registration in the Legislative Assembly roll. 
17. Filling of casual vacancies: (1) Whenever a vacancy occurring by death, resignation or 
removal, or by vacation of a seat for any other reason, the vacancy shall be filled within six 
months of the occurrence of such vacancy: 
(2) Every person elected or nominated to fill a casual vacancy shall be elected or nominated 
to serve for the remainder of his predecessor's term of office. 
(3) If the vacancy be a vacancy reserved for any category, the vacancy will be filled from the 
same category. 
18. Publication of results of elections : The names of all persons elected as Councillor 
shall, as soon as may be after such election be published by the State Election Commission 
in the Official Gazette : 
Provided that the names of all the Councillors elected at a general election shall be 
so published as far as possible simultaneously. 
19. Account of election expenses and maximum limit thereof: (1) Every candidate at an 
election shall, either himself or by his election agent, or by any other person with his 
authority, consent or knowledge keep a separate and correct account of all expenditure in 
connection with the election incurred or authorised by him or by his election agent or by 
any other person with his authority, consent or knowledge between the date on which he 
has been nominated and the date of declaration of the result thereof, both dates inclusive. 
(2) The account shall contain such particulars, as may be, prescribed by the State 
Government in consultation with the State Election Commission. 
(3) The total of the said expenditure shall not exceed such amount as may be prescribed 
by the State Government in consultation with the State Election Commission. 
20. Lodging of account : Every contesting candidate at an election shall, within thirty days 
from the date of election of the returned candidate or, if there are more than one returned 
candidates at the election and the dates of their election are different, the later of those two 
dates lodge with the officer, as may be appointed by the State Election Commission, an 
account of his election expenses which shall be a true copy of the account kept by him or 
by his election agent or by any other person with his authority, consent or knowledge 
under section 19. 

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 11 
21. Election petitions : ( 1) No election of a Councillor shall be called in question except by 
an election petition presented to the Divisional Commissioner, having jurisdiction over that 
municipal area hereinafter in this Chapter referred to as the prescribed authority within 
thirty days from the date of the publication of the result of the election under section 18. 
(2) An election petition calling in question any such election may be presented on one or 
more of the grounds specified in section 24, by any candidate at such election or by 
any elector of the ward concerned. 
(3) Petitioner shall join as respondents to his petition all the candidates at his election. 
( 4) An election petition- 
( a) shall contain a concise statement of the material facts on which the petitioner relies; 
{b) shall, with sufficient particulars, set forth the ground or grounds on which the 
election is called in question ; and 
(c) shall be signed by the petitioner and verified in the manner laid down in the Code 
of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings. 
22. Parties to the petition : A petitioner shall join as respondents to his petition,- 
(a) where the petitioner, in addition to claiming declaration that the election of all or 
any of the returned candidates is void, claims a further declaration that he himself 
or any other candidate has been duly elected, all the contesting candidates other 
than the petitioner, and where no such further declaration is claimed, all the returned 
candidates ; and 
{b) any other candidate against whom allegations of any corrupt practice are made in 
the petition. 
23. Relief that may be claimed by the petitioner : A petitioner may claim- 
(a) a declaration that the election of all or any of the returned candidates is void ; and 
{b) in addition thereto, a further declaration that he himself or any other candidate has 
been duly elected. 
Explanation.- The expression "returned candidate" means a candidate whose name 
has been published in the Official Gazette, under section 18. 
24. Grounds for declaring election to be void: (1) Subject to the provisions of sub-section 
(2), if the prescribed authority is of the opinion - 
(a) that on the date of his election a returned candidate was not qualified or was disqualified, 
to be chosen as a Councillor; or 
(b) that any corrupt practice has been committed by a returned candidate or his agent or 
by any other person with the consent of a returned candidate or his agent ; or 
(c) that any nomination paper has been committed by a returned candidate or his agent or 
by any other person with the consent of a returned candidate or his agent ; or 
(d) that the result of the election in so far as it concerns, a returned candidate has been 
materially affected - 
(i) by the improper acceptance of any nomination; or 
(ii) by any corrupt practice committed in the interest of the returned candidate by a 
person other than the candidate or his agent or a person acting with the consent 
of such candidate or agent; or 
(iii) by the improper acceptance or refusal of any vote or reception of any vote which 
is void; or 
(iv) by the non-compliance with the provisions of this Act or any rules or orders made 
thereunder. 
Prescribed authority shall declare the election of the returned candidate to be void. 
(2) If in the opinion of the prescribed authority, a returned candidate or any of his agents, 
has been alleged to be guilty of any corrupt practice, but the prescribed authority is 
satisfied - 
(a) that no such corrupt practice was committed at the election by the candidate, or 
such corrupt practice was committed contrary to the orders, and without the consent 
of the candidate ; 

12 The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 
(b) that the candidate took all reasonable means for preventing the commission of 
corrupt practices at the election; and 
(c) that in all other respects the election was free from any corrupt practice on the 
part of the candidate or any of his agents, the prescribed authority may decide that 
the election of the returned candidate is not void. 
25. Procedure to be followed by the prescribed authority: The procedure provided in the 
Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the 
prescribed authority in the trial and disposal of an election petition under this Act. 
26. Decision of prescribed authority: (1) Subject to the provisions of this Act and of any 
rules made thereunder, every election petition shall be decided by the prescribed authority 
within a period of six months from the date of its presentation under section 21, and at the 
conclusion of the hearing of an election petition, the prescribed authority shall make an 
order- 
(a) dismissing the election petition ; or 
(b) declaring the election of all or any of the returned candidates to be void ; or 
( c) declaring the election of all or any of the returned candidates to be void and the 
petitioner and any other candidate to have been duly elected. 
(2) If any person who has filed an election petition has, in addition to calling in question 
the election of the returned candidate, claimed declaration that he himself or any 
other candidate has been duly elected and the prescribed authority is of opinion - 
(a) that in fact the petitioner or such other candidate received a majority of the valid 
votes; or 
(b) that but for the vote obtained by the returned candidate, the petitioner or such 
other candidate would have obtained a majority of the valid votes, 
The prescribed authority shall after declaring the election of the returned candidate 
to be void, declare the petitioner or such other candidate, as the case may be, to have 
been duly elected. 
27. Procedure in case of equality of votes: If during the hearing of an election petition it 
appears that there is an equality of votes between any candidate at the election and that 
the addition of a vote would entitle any of those candidate to be declared elected, then the 
prescribed authority shall decide between them by lot and proceed as if the one on whom 
the lot falls had received an additional vote. 
28. Fi

Excerpt shown. Open the full act in Lexace.

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