The Mizoram Municipalities(Third Amendment) Act, 201

The Mizoram Gazette
EXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIV     Aizawl,    Tuesday    18.8.2015      Sravana   27,    S.E.  1937,      Issue No. 391
NOTIFICA TION
No.H.12018/120/2003-LJD, the 5 th August, 2015.   The following Act is hereby published for general
information.
The Mizoram Municipalities Act, 2015
(Act No. 9 of 2015)
Zahmingthanga Ralte,
Joint Secretary to the Govt. of Mizoram.
ACT NO. 9 OF 2015
THE MIZORAM MUNICIPALITIES (THIRD AMENDMENT) ACT, 2015
AN
ACT
further to amend the Mizoram Municipalities Act, 2007
It is enacted by the Legislative Assembly of Mizoram in the Sixty Sixth Year of the Republic of
India as follows:
Short Title and 1) This Act shall be called‘The Mizoram Municipalities (Third Amendment)
commencement Act, 2015.’
2) It shall have the like extent as the Principal Act.
3) It shall come into force from the date of publication in the Official Gazette.
Amendment of In Section 2 of the Mizoram Municipalities Act, 2007 (Act No.6 of 2007)
s e c t i o n 2 (hereinafter referred to as the Principal Act)
(1) Sub-section (18-A) shall be substituted as follows, namely;
“(18-A) “Deputy Mayor” means Deputy Mayor of a municipal corporation
and shall be elected in accordance with section 16 of the Act. The expression
‘Vice Chairman’ under this Act, with respect to a municipal corporation,
shall mean Deputy Mayor of a municipal corporation.”
(2) Sub-section (18-A) shall be renumbered as (18- B).
(3) After sub-section (39), a new sub-section (39-A) shall be inserted as follows:
“(39-A) “Mayor” means the executive head of a municipal corporation.
The expression ‘Chairman’ under this Act, with respect to a municipal
corporation, shall mean Mayor of a municipal corporation.”
Amendment of After sub-section (3) of section 28 of the Principal Act, a new sub-section (4)
Section 28 shall be inserted as follows, namely;
“(4) Notwithstanding anything contained in this Act, the State Election
Commission may prepare the electoral rolls of Municipal Wards without
conducting an enumeration by adopting the last published Electoral Rolls of
the Local Councils prepared for the purpose of Election to the Local Councils
under Rule 16 (2) of the Mizoram Municipalities (Election to Local Councils)
Rules, 2015 by adopting the Assembly Rolls which is under the provisions
of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll
or mother roll.”
Amendment of After clause (b) of sub-section (1) of section 29 of the Principal Act, a new
Section 29 clause (c) and (d) shall be inserted as follows, namely;
“(c) is a citizen of India, who belongs to a Scheduled Tribe;
(d) notwithstanding anything contained in clause (c) of Sub-Section
(1), permanently resident Gorkhas and their direct descendants as
notified by the State Government, who are not otherwise  disqualified,
shall be entitled to be registered in an electoral roll.”
Amendment of Sub-section (1) of section 52 of the Principal Act shall be substituted as follows:
Section 52
“(1) The Board of Councillors shall ordinarily hold a meeting at least
once every quarter for the transaction of its business.”
Deletion of Section 66 of the Principal Act shall stand deleted.
Section 66
Amendment of Section 134 of the Principal Act shall be substituted as follows, namely;
Section 134
“134. Lapse of permission:
A permission given or deemed to have been given in respect of any
construction or reconstruction under this Chapter shall have a validity of
three years. After the expiry of the said period, the renewal of such
permission may be granted as may be prescribed by rules and regulation in
this regard.”
Amendment of After sub-section (3) of Section 137 of the Principal Act, a new sub-section (4)
Section 137 shall be inserted as follows, namely;
“(4) If such owner or builder fails to comply with the order, a municipality
may cause the building to be demolished, or altered so as to bring it into
conformity with the Act, regulations, rules, directions or requisition as
- 2 -Ex-391/2015
aforesaid, or with plans and particulars on which such permission or order
was based; and all the expenses incurred for doing so shall be paid by the
owner or builder of such building, and shall be recoverable in the manner
as an amount payable on account of any fee or tax recoverable under this Act.”
Amendment of In section 157 of the Principal Act, a new section 157A shall be inserted
Section 157 as follows, namely;
“157A: Prohibition against littering and unhygienic activity in public place
(1) No person shall litter by way of throwing dirt, garbage, rubbish,
filth, etc., in any public places such as roads, roadsides, public
squares, parks, playgrounds, public halls etc.
(2) No person shall pass urine or defecate in places other than its
designated places.
(3) No person shall spit in public places.
(4) Any person who is found in violation of sub-sections (1), (2) and
(3) of this section shall be liable to be punished under section 386
of the Act.”
Amendment of Section 164 shall be substituted by the following:
section 164
“ 164: Duty of every person to maintain cleanliness:
(1) It shall be the civic duty of every person to maintain cleanliness
and to live in a decent and respectable way of living with respect
to proper collection, removal and disposal of solid waste,  sewage,
offensive matter, filth or rubbish and making and keeping in proper
condition of latrines and urinals which are dealt with in this Chapter,
so as to avoid nuisance or discomfort to persons residing in the
neighbourhood or to passers-by.
(2) Any person who contravenes any of the provisions of section 153,
154, 155, 156, 159 and 163, or fails to comply with the notice  served
to him under sections 160, 161 or 162 of the Act shall be punishable
under section 386 of the Act.
(3) Any person who shows gross negligence of the civic duty under
sub section  (1),
or lives irresponsible, immoral, unwholesome or
negligent way of living with respect to any matter dealt with in this
chapter shall be punishable under this Act.”
Amendment of Sub-section (2) of Section 346 of the Principal Act shall be substituted as
section 346 follows:
“(2) Notwithstanding anything contained in this Act for the purpose of the
election to a municipality, the electoral rolls used in the election to the Local
Bodies in Mizoram as it existed then in the area shall be used as may be
updated and corrected according to the rules governing preparation of
Electoral Rolls of the said Local Bodies.”
Amendment of Section 374 of the Principal Act shall be substituted as follows, namely;
section 374 “374: Penalty for breach of rules or regulations:
- 3 - Ex-391/2015
(1) Any rules or regulations made under the Act provide that a contravention
thereof shall be punishable -
a) with fine which may extend to one lakh rupees;
b) with an additional fine in the case of a continuing contravention,
which may extend to one thousand rupees for every day during
which such contravention continues after conviction for the
first such contravention; and
c) with additional fine which may extend to five hundred  rupees
for everyday during which the contravention continues after
receipt of a notice from the Municipality requiring the offender
to discontinue such contravention.
(2) Any rule or regulation made under the Act may further provide that
the offender shall be required to remedy, in so far as such remedy
lies in his power, the mischief, if any, caused by the contravention of
any rule or bye-law made under the Act.”
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
- 4 -Ex-391/2015
The Mizoram Gazette
EXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIV     Aizawl,    Monday    20.4.2015      Chaitra   30,    S.E.  1937,      Issue No. 155
NOTIFICA TION
No.H.12018/120/2013-LJD, the 16th April, 2015. The following Act of the Mizoram Legislative
Assembly, which received the assent of the Governor of Mizoram is hereby published for general information.
The Mizoram Municipalities (Second Amendment) Act, 2015
(Act No. 5 of 2015)
{Received the assent of the Governor of Mizoram on the 25th March, 2015}
Zahmingthanga Ralte,
Joint Secretary to the Govt. of Mizoram.
THE MIZORAM MUNICIPALITIES (SECOND AMENDMENT) ACT, 2015
(ACT. NO. 5 OF 2015)
AN
ACT
to amend the Mizoram Municipalities Act, 2007 (hereinafter referred to as Principal Act)
It is enacted by the Mizoram Legislative Assembly in the Sixty Sixth year of the Republic of India
as follows:-
1. Short Title, extent : 1) This Act shall be called “The Mizoram Municipalities (Second Amendment)
and commencement Act, 2015”.
2) It shall have the like extent as the Principal Act.
3) It shall come into force on such date as the State Government may,
by notification in the official Gazette, appoint.
2 . A m e n d m e n t o f  : 1) In Section 2 of the Principal Act, clause (9) shall stand deleted.
Section 2. 2) After clause 17, a new clause 17-A shall be inserted, namely:-
“17-A. “Development” with its grammatical variations means
the carrying out of construction of building, engineering, mining
or other operations, in, on, over, or under land or the making of
- 5 - Ex-391/2015
any material change in any building or land or in the use of any
building or land and includes division of any land and redevelopment”.
3) Clause 18-A shall be substituted by the following, namely:-
“18-A. “Director of Local Bodies” means the Director of Urban
Development & Poverty Alleviation Department.”
4) After Clause 23, a new clause 23-A shall be inserted, namely:-
“23-A “Economically Weaker Section” means such class of
persons as may be notified by the appropriate Government from
time to time.”
5) Clause 26 shall be substituted by the following, namely:-
“26. “Executive Officer” means an officer of the municipality
and includes-
A Municipal Commissioner or Chief Executive Officer or any
other officers designated as such by a municipality from time to time.”
6) After Clause 27, a new clause 27-A shall be inserted, namely:-
“27-A. “Floor space index” means the area that can be constructed
on a piece of land divided by the total area of the land.”
7) After Clause 29, a new clause 29-A shall be inserted, namely:-
“29-A. “Group Housing” means more than two buildings on a
plot with one or more floors and with one or more dwelling units
in each floor.”
8) After Clause 37, a new clause 37-A shall be inserted, namely : -
“37-A. “Low Income Group” means such class of persons as
may be notified by the appropriate Government from time to time.”
9) After Clause 39, a new clause 39-A shall be inserted, namely :-
“39-A. “Municipal Appellate Tribunal” means Appellate Tribunal
constituted by the State Government under section 352-A of
the Act.”
10) After Clause 64, a new clause 64-A shall be inserted, namely:-
“64-A. “Shelter Fee” means fee levied and collected in lieu of
the reservation of land or floor area as the case may be, an amount
equal to the market value of the land or floor area determined
on the basis of the rates notified by the State Government, which
is required to be reserved for the Economically Weaker Section
(EWS) and the Lower Income Groups (LIG).”
3. Amendment of : Sub-section (2) of Section 3 of the Principal Act shall be substituted by the
Section 3.2 following, namely:-
“ (2) (a). Save as may otherwise be deemed fit by the Governor,
classification of urban areas on the basis of population
may be as under:-
(i) “a transitional area” is an urban area having a population
not less than five thousand.
(ii) “a smaller urban area” is an urban area having a
population not less than fifty thousand.
(iii) “a larger urban area” is an urban area having a population
not less than three lakhs.”
- 6 -Ex-391/2015
4. Amendment of : In Section 22 of the Principal Act, after clause (b), a new clause shall be
Section 22 inserted, namely:-
“(c). he is elected as member of Legislative Assembly or member of Parliament.”
5. Amendment of : Section 57 of the Principal Act shall be substituted by the following, namely :-
Section 57 “ 57. Functions of municipality:
Every Municipality within its area may be entrusted the following functions-
1) Urban planning including town planning.
2) Regulation of land use and construction of buildings.
3) Planning for economic and social development.
4) Roads and bridges.
5) Water supply for domestic, industrial and commercial purposes.
6) Public health, sanitation conservancy and solid waste management.
7) Fire services.
8) Urban forestry, protection of the environment and promotion of
ecological aspects.
9) Safeguarding the interests of weaker sections of society, including
the handicapped and mentally retarded.
10) Slum improvement and upgradation.
11) Urban poverty alleviation.
12) Provision of urban amenities and facilities such as parks, gardens,
playgrounds.
13) Promotion of cultural, educational and aesthetic aspects.
14) Burials and burial grounds; cremations, cremation grounds and
electric crematoriums.
15) Cattle pounds, prevention of cruelty to animals.
16) Vital statistics including registration of births and deaths.
17) Public amenities including street lighting, parking lots, bus stops and
public conveniences.
18) Regulation of slaughter houses and tanneries.”
6. Amendment of : Section 58 of the Principal Act shall be substituted by the following, namely :-
Section 58 “58. Discretionary functions of the Municipality:
Subject to appropriate notification by the State Government and having
regard to the satisfactory performance in respect of functions listed
under Section 57, a Municipality may undertake or perform any other
functions entrusted to it by the State Government in consultation
with the concerned municipality.”
7. Deletion of : Sub-section (2) of Section 59 of the Principal Act shall stand deleted.
Section 59
8. Amendment of : Sub-section (1) of Section 61 of the Principal Act shall be substituted by
Section 61 the following, namely :-
“ (1). Save as otherwise provided in this Act, a municipal corpora-tion or a
municipal council may have all or any of the following officers:
(a) a Municipal Commissioner or a Chief Executive Officer;
(b) a Secretary;
(c) an Executive Officer;
(d) an Engineer;
- 7 - Ex-391/2015
(e) a Town Planner;
(f) a Health Officer;
(g) a Finance Officer;
(h) Any other officers as may be created for the municipality.
Provided that the State Government may reduce the number of posts
of the officers as aforesaid for any Municipality:
Provided further that the State Government may by order re-designate
any of the posts of the officers as aforesaid in respect of any Municipality.”
9. Amendment of : Section 62 of the Principal Act shall be substituted by the following, namely :-
Section 62 “62-A. Cadre of common municipal service, appointments,
conditions of service, etc.
The State Government may constitute Common Cadre for the Municipalities.
Such Common Cadre may consist of categories of officers of the municipalities
as may be prescribed:
(1) The number and nature of posts appointment to the common
cadre and conditions of service of the persons belonging to the
common cadre shall be as prescribed.
(2) Appointment to the post belonging to Common Municipal Cadre
shall be made by the Government on the recommendation of
the Mizoram Public Service Commission.
(3) The State Government shall constitute a Cadre Authority for
management of posts belonging to the Common Municipal Cadre.
(4) Officers belonging to the Common Municipal Cadre shall be
transferable to any of the Municipalities within Mizoram.The
State Government may by rules provide for the qualification for
appointment, conditions of service and other allied matters relating
to the officers belonging to the Common Cadre.
62-B. Other employees of a municipality
The State Government may create posts of officers and staff, not
included in the common municipal cadre.
(1) Recruitment to such posts may be made by a municipality, on
the recommendation of a Municipal Service Selection Board.
(2) Appointment of officers and employees, to such posts shall be
made by the Municipality.
(3) Such other employees shall remain under the direction and control
of the municipality to which he is recruited.The State Government
may by rules provide for the qualification for appointment,
conditions of service and other allied matters relating such
employees in the Municipalities.”
10. Amendment of : Section 63 of the Principal Act shall be substituted by the following, namely :-
Section 63 “63.
Municipal Service Selection Board
The State Government may appoint a Selection Board consisting of
a Chairman, a Secretary and other members for recruitment to the
posts, other than those belonging to the Common Municipal Cadre.”
11. Insertion of : In the Principal Act, after Section 75, a new section 75-A shall be inserted,
Section 75-A namely:-
- 8 -Ex-391/2015
“75-A. Constitution of Basic Services to the Urban Poor Fund
(1) A separate fund called the “Basic Services to the Urban Poor Fund”
shall be constituted by every Municipality for delivery of basic services
to the urban poor including the inhabitants of slum areas.
(2) A minimum of twenty five percent of the funds within the
municipality’s budget shall be earmarked and used for providing basic
services to the urban poor, including inhabitants of slum areas on a
yearly basis. The allocation to the fund shall be made from the
following municipal budgetary resources:
(a) Municipality’s own sources of revenue e.g. taxes, fees, user
charges and rent etc.;
(b) Assigned revenues;
(c) Allocations from Central / State Finance Commissions/ other
inter -governmental transfers;
(d) Contributions in cash/kind, gifts from individuals, organizations,
donors for services to the poor;
(e) Grants from externally aided projects;
(f) Sale of municipal assets;
(g) Others sources as determined by the Municipality.
Explanation- For the purpose of this section any grant or contribution
by whatever name called, received by the Municipality
which is exclusively for the development of slum areas
shall not be a part of the above earmarked funds.
(3) Utilization of the earmarked funds The earmarked funds under
sub-section (1) of this section shall be for providing basic services to
the urban poor including the inhabitants of the slum areas.
Explanation- For the purposes of this section ‘basic services’ shall include
expenditure on capital and revenue account directly incurred on water
supply, drainage, sewerage, construction of community toilets, solid
waste management, connecting roads, street lighting, public parks
and play grounds, community and livelihood centers, community health
centers, pre-primary and primary education centers, affordable
housing for poor, and other services as determined by the Municipality
but shall not include establishment expenses, including salary and
wages, not directly and specifically incurred for delivery of basic
services to the poor.
(4) The allocation of the funds and its utilization for providing basic
services to the urban poor should be detailed and enclosed with the
Municipal Annual Budget as P-budget along with the corresponding
figures for the previous year.
(5) The fund shall be in the nature of a non-lapsable fund. In the event
of the annual allocations not fully utilized, the balance funds should
not be transferred to the municipal general fund but carried forward
for utilization in the subsequent year(s). The fund allocation in the
subsequent years shall be considered in addition, and shall not be
reduced by the unspent funds of the previous year(s).
(6) A separate bank account shall be opened with a nationalized bank
called-’Basic Services to Urban Poor Fund’ account wherein funds
earmarked under sub-section (1) of this section shall be periodically
deposited ensuring that the yearly allocation is equal to the allocation
as in the Municipal budget.
- 9 - Ex-391/2015
(7) There shall be maintained separate primary books of accounts with
detailed accounting heads in line with the National Municipal Accounts
Manual for operation of special fund accounts.”
12. Amendment of : Sub-section 2 of 216 of the Principal Act shall be substituted by the following,
Section 216 namely :-
“ (2) The annual value of any vacant land and building in any ward and
local council of the municipality shall be the sum of the amount arrived
at by multiplying the value per unit area of such vacant land and
multiplicative factors and the amount arrived at by multiplying the
value per unit area of the covered space of such building by the total
area of such covered space and multiplicative factors, if any, and
shall be determined accordingly by an order of the Board of
Councillors, and a copy of the order shall be supplied within ten days
thereof to the owner or the occupier of the land or the building, as
t h e c a s e m a y b e , i n s u c h F o r m , a n d i n s u c h m a n n e r , as m a y b e
prescribed under the Rules framed under this Act.Provided that -
(i) every land, which is not built upon, comprised in a holding shall
be assessed separately; and
(ii) machinery and furniture shall be excluded from valuations under
this section”.
Explanation I – In the case of a building with appurtenant land,
the area of the land under the plinth area of the
building shall be excluded from the total area of
the land, the balance being treated as vacant land,
which shall be assessed as such.
Explanation II – The covered space of any building shall mean the
total floor area of the building in all the storeys.
Explanation III – For the purposes of this section, “machinery” shall
include lift, air-conditioning equipment, and equipment
for providing earthquake proofing.
Explanation IV – The annual value of any land or building, as deter-
mined under this section, shall be a multiple of ten
rupees, any fraction below five being ignored and
any fraction of five or above being rounded off to
the next ten rupees.”
13. Amendment of : In Section 216 of the Principal Act, new Sections 216-A and  216-B  shall
Section 216 be inserted as follows, namely:-
“ 216-A. Classification of lands and buildings and determination
of unit area values.
(1) The Board of councillors shall, on the recommendation of the State
Property Tax Board or the State Government as the case may be,
and having regard to –
(a) the location of lands and buildings in the municipal area concerning
its access to public roads;
(b) the location of lands and buildings in the municipal area with
access to water, sewerage, and other civic facilities, and adjacent
to markets, schools, hospitals, and any other facilities that influence
the standard of living in that area;
declare its intention to classify lands and buildings in each ward
- 10 -Ex-391/2015
of the Municipality into such groups or units as the Board of
Councillors may specify by a public noticed, and shall also specify
in such public notice the annual value it proposes to fix  per unit
area of covered space of buildings within each such group or units.
Explanation I - For the purpose of this Act, the State Property Tax Board
means the State Property Tax Board constituted by the
State Government from time to time.
(2) If any owner or occupier of any land or building in any ward in
respect of which a public notice has been issued under sub-section
(1), has any objection to the manner of classification of any group/
unit or groups/units or the value per unit area of vacant land or the
value per unit area of covered space of building in any such group,
he may submit to an officer of the Municipality duly authorised by
the Municipality in this behalf, his objection in such Form, and
containing such particulars, as may be prescribed, within sixty days
from the date of publication of such public notice, and such objection
shall be considered by the Board of Councillors.
(3) On the expiry of sixty days from the date of publication of the public
notice under sub-section (1), and after considering the objections, if
any, the Board of Councillors, shall by a public notice, specify group
wise the value per unit area of covered space of building.
(4) The unit area value of vacant land and the unit area value of covered
space of building, as may be specified under sub-section (1), in respect
of a group/unit in any ward shall remain in force for a period of five
years and shall be revised at the expiration of each such period of
five years:Provided that till the revision of such unit area values is
completed, the existing unit area values shall continue to be in force.
216-B. Multiplicative factors to determine annual property
values. Multiplicative factors to determine annual property value as
specified in sub-section (2) of Section 216 would include,
(a) Location Factors, where the property abutted by categories of road
or areas other than roads;
(b) Structure factor, the category of construction of the property;
(c) Ownership and Usage Factor, the category of owning and purpose
of using the property; and
(d) Age factor, considering the year of completion of construction of the
property;
Provided that the above factors would be as per the provisions of
this Act and Rules framed thereunder by the State Government for the
purpose and further as would be adopted by the Board of Councillors.”
14. Amendment of : In sub-section (1) of section 217 of the Principal Act, after clause (g), new
Section 217 clauses (h) and (i) shall be inserted, namely:-
“(h). Notwithstanding anything contained in this Act, any land or building,
which is the property of the Central Government, shall, save in so
far as Parliament by law otherwise provides, be exempt from the
property tax;
- 11 - Ex-391/2015
Provided that nothing in this section shall, until Parliament by law
otherwise provides, prevent the Municipality from levying any tax on any
property of the Central Government to which such property was immediately
before the commencement of the Constitution of India liable or treated as
liable, so long as the property tax continues to be levied by the Municipality.
Provided further that nothing in this section shall, prevent the
municipality to levy service charges on properties of the Central Government
as notified vide No.14 (1)-P/52-1, Government of India, Ministry of Finance
(Department of Economic Affairs), New Delhi, dated the 10th May 1954.
Explanation I – A property of the Central Government shall not include
any property vested in, or belonging to, any statutory body
or public sector corporation under the control of the Central
Government.
(i) Open spaces including parade grounds, which are the properties of
the State Government.”
15. Deletion of : Section 220 of the Principal Act shall stand deleted.
Section 220
16. Amendment of : In Section 250 of the Principal Act, after clause (f) a new clause (g) shall
Section 250 be added as follows :-
“(g). Any owner of any land or building or any other person liable to pay
the property tax or any occupier in the absence of such owner or
person shall compute under self-assessment basis, the annual property
value and determine the annual property tax due calculated on the
annual value of such land or building as determined as per the provisions
of this Act and Rules and Regulations framed there under.”
17. Amendment of : Sub-section (1) of Section 252 of the Principal Act shall be substituted by
Section 252 the following, namely :-
“(1). The Executive Officer of the Municipality or an officer of the Municipality,
duly authorised by the Municipality in this behalf shall consider the
list of persons submitted the self-assessment return stating the annual
property value and annual property tax and compare the same with
the municipal records of all persons liable to payment of property
tax. The officer would prepare a list of all persons primarily liable
for the payment of the property tax who failed to comply with the
submission of the self-assessment returns of lands and buildings within
the due date in any ward and, by notice, require the owners and the
occupiers of such lands or buildings or any portion thereof, to furnish
the return and compute the tax due under the provisions of this Act
and Rules and Regulations framed there under, in such Form,
containing such particulars, and within such time, as may be
prescribed.
(1-A)   Every owner or occupier shall be bound to comply with such notice
and to furnish a return with a declaration that the statement made
therein is correct to the best of his knowledge and belief.”
Explanation I - A Notice shall be deemed to be presented under this section
if it is sent by post under certificate of posting to the person
liable for payment of the amount included in the Notice,
- 12 -Ex-391/2015
and in such case, the date borne on such certificate of
posting shall be deemed to be the date of presentation of
the Notice to such person.
18. Amendment of : In Section 253 of the Principal Act, a new section 253-A shall be inserted,
Section 253 namely:-
“ 253-A. Default in submission of Returns :
(1) If any owner or other person, liable to pay the property tax under
this Act and Rules framed there under, fails to submit the self-
assessment returns and pay such property tax together with interest,
if any,
(2) If, after the assessment of annual value of any land or building is
finally made under this Act, the payment on self-assessment under
this Act and Rules framed there under is found to be less than that of
the amount payable by the assessee, the assessee shall pay the
difference within the stipulated period as prescribed under the Rules,
from the date of final assessment, failing which recovery shall be
made in accordance with the provisions of this Act, but, after the
final assessment, if it is found that the assessee has paid excess
amount, such excess amount shall be adjusted against the tax payable
by the assessee.”
19. Amendment of : Section 341 of the Principal Act shall be substituted by the following, namely:
Section 341 “341.Preparation of master plan and detailed strategic zonal/
ward development plan and zoning regulations”
(1) Civic and Utilities & Facilities Surveys of, and Master Plan
for, Aizawl and other Municipal Areas –
(a) The Board of Councilors with the help of its Urban Planning
shall as soon as may be, carry out a civic and utilities & facilities
surveys of, and prepare a Master Plan for planned development
of municipal areas.
(b) The Master Plan shall -
(i) define the various zones or wards into which municipal areas
may be divided for the purpose of development and indicate
the manner in which the land in each zone is proposed to be
used (whether by carrying out thereon of development or
otherwise) and the stages by which any such development
shall be carried out; and
(ii) serve as a basic pattern of frame-work within which the
Detailed Strategic Zonal/Ward Development Plans of the
various Zones/Wards may be prepared.
( c) T h e M a s t e r P l a n m a y p r o v i d e f o r a n y o t h e r m a t t e r w h i c h i s
necessary for proper planned development and implementation
of municipal areas.
(d) If, prior to the commencement of this Act, a Master Plan has
been prepared for municipal areas and the same has been
approved by the State Government, the Board of Councillors
may, with the approval of the State Government, adopt the said
Master Plan with or without modification as the Board of
Councillors may think fit.
- 13 - Ex-391/2015
(2) Detailed   Strategic Zonal/Ward   Development Plan and
Zoning Regulations -
(a) Simultaneously with the preparation of the Master Plan or as
soon as may be thereafter, the Board of Councillors with the
help of its Urban Planning shall proceed with the preparation of
a Detailed Strategic Zonal/Ward Development Plan and
Regulations to be a rolling plan for a period to be specified by a
municipality for each of the zones/wards into which municipal
areas may be divided for the purpose of implementation of
Master Plan.
(b) A Detailed Strategic Zonal/Ward Development Plan may -
i. contain a site-plan and use - plan for the development and
regulations of the zone/ward and show the approximate
locations and extents of land-use and infrastructure proposed
in the zone/ward for such things as public buildings and
other public works and utilities, roads, housing, recreation,
industry, business, markets, schools, hospitals and public and
private open spaces and other categories of public and
private uses;
ii. specify the standards of population density and building
density;
iii. show every area in the zone/ward which may, in opinion of
the Board of Councillors, be required or declared for
development or redevelopment including phasing and
identification of responsible or implementing agencies; and
iv. in particular, contain provisions regarding all or any of the
following matters, namely:-
(a) the division of any site into plots for the erection of
buildings;
(b) the allotment or reservation of land for roads, open
spaces, gardens, recreation grounds, schools, markets
and other public purposes, and conservation of landslide
prone areas including undevelopable areas due to steep
slopes;
(c) the development of any area into a township or colony
and the restrictions and conditions subject to which such
development may be undertaken or carried out;
(d) the erection of building on any site and the restrictions
and conditions in regard to the open space to be
maintained in or around buildings and height and
character of buildings;
(e) the alignment of buildings on any site;
(f) the architectural feature of the elevation or frontage
of any building to be erected on any site;
(g) the number of residential buildings which may be erected
on any plot or site ;
(h) the amenities to be provided in relation to any site or
buildings on such site whether before or after the
erection of building and the person or authority by whom
or at whose expenses such amenities are to be provided;
- 14 -Ex-391/2015
(i) the prohibitions or restrictions regarding erection of
shops, workshops, warehouses or factories or building
or a specified architectural feature orbuildings designed
for particular purposes in the locality;
(j) the maintenance of walls, fences, hedges or any other
structural or architectural construction and the height
at which they shall be maintained;
(k) the restrictions regarding the use of any site or land or
buildings due to steep slope and landslide prone areas;
and
(l) any other matter which is necessary or expedient for
the proper development and regulation of the zone/ward
or any area thereof according to plan and for preventing
buildings being erected haphazardly in such zone/ward
or area.
(3) Procedure to  be followed  in  the Preparation  and
Approval  of Plans -
a) Before preparing any Plan finally and submitting it to the
State Government for approval, the Board of Councillors
shall prepare a plan in draft and publish it by making a copy
thereof available for inspection and publishing a notice in
such form and manner as may be prescribed by rules made
in this behalf inviting objections and suggestions within 60
days from the date of first publication of the notice from
any person with respect to the draft plan before such date
as may be specified in the notice.
b) The Board of Councillors shall also give reasonable
opportunities to every local authority within whose local
limits any land touched by the plan is situated to make any
representation with respect to the plan.
c) After considering all objections, suggestions and
representations that may have been received by the Board
of Councillors, the Board of Councillors shall finally prepare
the plan and submit to the State Government for its approval.
d) Subject to the foregoing provisions of this section, the State
Government may direct the Board of Councillors to furnish
such information as the Government may require for the
purpose of approving any plan submitted to it under this
section.
(4) Submission of Plans to the State Government for
Approval –
a) In this section and in sub-sections (3), (4), and (6) and (7)
t h e w o r d “ p l a n ” m e a n s t h e M a s t e r P l a n a s w e l l a s t h e
Detailed Strategic Zonal/Ward Development Plan for zone/
ward.
b) Every plan shall, as soon as may be after its preparation, be
submitted by the Board of Councillors to the State
Government for approval, and State Government may either
- 15 - Ex-391/2015
approve the Plan without modifications or with such
modifications as it may consider necessary or reject the
plan with directions to the Board of Councillors to prepare
a fresh plan according to such directions.
(5) Date of Operation of Approved Plans – Immediately
after a plan has been approved by the State Government, the
Board of Councillors shall publish, in such manner as the State
Government may specify, a notice stating that a plan has been
approved and naming a place where a copy of the Plan may be
inspected at all reasonable hours and upon the date of the first
publication of the aforesaid notice the plan shall come into
operation.
(6) Amendment of the Master Plan and the Detailed
Strategic Zonal/Ward Development Plan and Zoning
Regulations –
a) The Board of Councillors may make any amendment to the
M a s t e r P l a n o r t h e D e t a i l e d S t r a t e g i c Z o n a l / W a r d
Development Plan as it thinks fit, being amendments which,
in its opinion, Joes not effect important alterations in the
character of the plan and which does not relate to the extent
of land-users or the standards of population density.
b) The State Government may make any amendments in the
M a s t e r P l a n o r t h e D e t a i l e d S t r a t e g i c Z o n a l / W a r d
Development Plan whether such amendments are of the
nature specified in sub-section (1) or otherwise.
c) Before making any amendments in the Plan, the Board of
Councillors , as the case may be, the State Government
shall publish a notice in such form and manner as may be
prescribed by rules made in this behalf inviting objections
and suggestions within 60 days from the date of first
publication of the notice from any person with respect to
the proposed amendments before such date as may be
specified in the notice and shall consider all objections and
suggestions that may be received by the Board of Councillors
or the State Government.
d) Every amendments made under the provisions of this section
shall be published in such manner as the Board of Councillors
or the State Government, as the case may be, may specify
and the amendments shall come into operation either on
the date of the publication or on such other date as the
Board of Councillors or the State Government as the case
may be, may fix.
e) When the Board of Councillors makes any amendments to
th e Plan und e r sub-se ctio n (1) it sh all re po rt to th e State
Government with full particulars of such amendments within
thirty days of the date on which such amendments come
into operation.
- 16 -Ex-391/2015
f) If any question arises whether the amendments proposed
to be made by the Board of Councillors which effects
important alterations in the character of the plan or whether
they relate to the extent of land-uses or the standards of
population density, it shall be referred to the State
Government whose decision thereon shall be final.
g) Any reference in any other chapter, except chapter xxii, to
the Master plan or the Detailed Strategic Zonal/Ward
Development plan shall be construed as a reference to the
Master plan or the Detailed Strategic Zonal/Ward
Development plan as amended under the provisions of this
section.
(7) Development and control of land use and construction
of buildings -
(a) After the approval of Master Plan, Detailed Strategic Zonal/
Ward Development Plan and Zoning Regulations under this
Act, no development and construction of buildings or no
layout plan for sub-division of any plot under section 123 or
no project/scheme shall be undertaken or carried out in any
area within Aizawl and other Municipal Areas by any person
or body (including a department of State Government) unless
development permission for such development or project/
scheme has been obtained in writing from the Board of
Councillors in accordance with the provisions of this Act.
(b) After the coming into operation of any of the Plans in any
area no development or project and construction of buildings
under this Act shall be undertaken or carried out in that
area unless such development is also in accordance with
such plans and permission is actually obtained from the
Board of Councillors or authorized competent personal.
(c) Notwithstanding anything contained in clauses (a) and (b)
development of any land begun by any department of State
Government or any local authority before the
commencement of this Act may be completed by that
department or local authority without compliance with the
requirements of those sections and sub-sections.
(8) Application for Development Permission –
a) Every person or body (including a department of State
Government) desiring to obtain permission for development
of site or land or project development permission referred
to in sub-section (7) shall make an application in writing to
the Board of Councillors in such form and containing layout
plan under section 123 and such particulars in respect of
the development to which the application related as may be
prescribed by regulations.
b) Every application under clause (a) shall be accompanied
by such fee as may be prescribed by rules.Provided that no
su c h f e e sh al l b e n e c e ssary i n th e c ase o f an ap p l i c ati o n
made by a department of the State Government.
- 17 - Ex-391/2015
c) On receipt of an application for development permission
under clause (a) the Board of Councillors after making such
inquiry as it considers necessary in relation to any matter
specified in clause (b) sub-section (2) or in relation to any
other matter, shall, by order in writing, either grant
development permission, subject to such conditions, if any,
as may be specified in the order or refuse to grant such
development permission.
        Provided that before making an order refusing such
development permission, the applicant shall be given a
reasonable opportunity to show cause why the development
permission should not be refused.
d) Where development permission is refused, the grounds of
such refusal shall be recorded in writing and communicated
to the applicant in the manner prescribed by regulations.
e) The Board of Councillors shall keep in such form as may
be prescribed by regulations a register of applications for
development permission under this section.
f) The said register shall contain such particulars including
information as of the manner in which applications for
development permission have been dealt with as may be
prescribed by regulations and shall be available for inspection
by any member of the public at all reasonable hours on
payment of such fee not exceeding rupees five as may be
prescribed by regulations.
g) Where development permission is refused under this section,
the applicant or any person claiming through him shall not
be entitled to get refund of the fee paid on the application
for development permission but the Board of Councillors
may, on application for refund being made within three
months of the communication of the grounds of the refusal
under clause (d) direct refund of such portion of the fee as
it seems proper in the circumstances of the case.
(9) User of land and construction of buildings in
contravention of Plans -
After the coming into operation of any of the Plans in a Zone/
Ward no person shall use or permit to be used any land or building
in that Zone/Ward accept in conformity with such plan, otherwise
the relevant sections of this Act shall apply in such cases.
Provided that it shall be lawful to continue to use, upon
such terms and conditions as may be prescribed by regulations
made in this behalf, any land or building for the purpose, and the
extent to which it is being used upon the date on which such
plan comes into force.”
20. Amendment of : In Section 341 of the Principal Act, a new Section 341-A shall be inserted,
Section 341 namely:
“ 341-A. Reservation of Land for Housing to Economically Weaker
Sections (EWS) and Low  Income Groups (LIG):
(1) Earmarking of land for urban poor
- 18 -Ex-391/2015
(a) In all Area Planning schemes such as a Town Planning Scheme
or Land Pooling Scheme or Land Readjustment Scheme, there
shall be reservation of not less than ten per cent of the gross
land area under each scheme for the purpose of providing
housing accommodation to the members of EWS and LIG.
(b) In all residential layouts of extent above 4000 square meters,
not less than ten percent of the gross land area shall be earmarked
for EWS and LIG.
Provided that where the total extent of land is between
1000 square meters and 4000 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Mizoram acts Next ›