The Mizoram Municipality Authorities (Prohibition of Defection) Act, 2011

NOTIFICATION
No.H.12018/120/2003-LJD, the 18th.July, 2011.  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 Municipality Authorities (Prohibition of Defection) Act, 2011 (Act No. 14 of
2011)
{Received the assent of the Governor of Mizoram on the 13th July, 2011}
AN
ACT
to prohibit defection by the councillors of Aizawl Municipality and other Municipality or Board
being set up, from the political parties by which they were set up as candidates and matters
connected therewith.
Whereas, it is expedient to prohibit defection by the councillors of Municipal Council or Municipal
Board from the Political Parties by which they were set up as candidates and matters connected therewith.
It is enacted by the legislative Assembly of the State of Mizoram in the Sixty second year of the
Republic of India as follows :
The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973                    Postal Regn. No. NE-313(MZ) 2006-2008 Re. 1/- per page
VOL - XL     Aizawl, Wednesday   27.7.2011     Sravana 5, S.E.   1933,    Issue   No. 316
2. Definitions-
(1) This Act may be called the Mizoram Municipality Authorities
(Prohibition of Defection) Act, 2011.
(2) It shall come into force from the date of its publication in the Mizoram
Gazette.
In this Act, unless the context otherwise requires,-
1. Short title,
   e x t e n t a n d
   commencement-
Ex-316/2011 2
(a) “Chief Executive Officer” means  :
(i) In the case of a Municipal Council, the Chief Executive
Officer of the Minicipal Council ;
(ii) in the case of a Municipal Board, the Chief Executive
Officer or Executive Officer of the Municipal Board.
(b) “Councillors”  means councillors of Aizawl Municipal Council or
any other Council or Board being set up by the Government of
Mizoram;
(c) “Deputy Commissioner”  means Deputy Commissioner of
concerned District;
(d) “Local Authority”  means the City or Town Municipal Council or
Town Municipal Board;
(e) “Municipal Board’  means a Town Municipal Board being set up
by the Government of Mizoram;
(f) “Municipal Council”  means a City or Town Municipal Council
established under the Mizoram Municipalities Act, 2007;
(g) “Political Party”  in relation to a councillor means a Political Party
recognized by the Election Commission of India as a National Party
or a State Party in the State of Mizoram under the Election Symbols
(Reservation and Allotment) Order, 1968, and to which he belongs
for the purpose of sub-section (1) of section 3.
(h) “State Election Commissioner”  means the State Election
Commissioner appointed by the Governor under article 243K of
the Constitution of India read with section 345 of the Mizoram
Municipalities Act, 2007;
(1) Subject to the Provision of Section 3-A, 3-B and 4, a councillor
belonging to any political party, shall be disqualified for being such
Councillor,-
(a) If he has voluntarily given up his membership of such political
party ; or
(b) If he votes or abstains from voting in, or intentionally remains
absent from any meeting of the Municipal Council or Municipal
Board contrary to any direction issued by the political party to
which he belongs or by any person or authority authorised by
it in this behalf, without obtaining the prior permission of such
party, person or authority; and such voting, abstention or
absence has not been condoned by such political party, person
or authority within fifteen days from the date of voting or such
abstention or absence.
3. Disqualification on
the ground of
defection.-
Explanation.- for the purpose of this sub-section,-
(a) A person elected as a Councillor, shall be deemed to belong to
the political party, if any, by which he was set up a Candidate
for Election as such Councillor :
(b) A person elected as a Councillor otherwise than as a candidate
set up by a political party shall be deemed to belong to the
political party of which he becomes a member before the expiry
of six months from the date of commencement of his term of
office, or in the case of a Councillor whose terms of office has
commenced on or before the date of commencement of the
Mizoram Municipality Authorities (Prohibition of Defection)
Act, 2011, within six months from such date.
(2) An elected Councillor, who has been elected as such, otherwise
than as a candidate set up by a political party shall be disqualified
for being a Councillor, if he joins a political party after expiry of six
months from the date of commencement of his term of office, or in
the case of a Councillor whose term of office has commenced on
or before the date of commencement of the Mizoram Municipality
Authorities (Prohibition of Defection) Act, 2011 after expiry of six
months from such date.
(3) Notwithstanding anything contained in the foregoing provisions of
this section, a person who on the commencement of this Act, is a
Councillor shall,-
(a) where he was a member of a political party immediately before
such commencement, be deemed, for purposes of sub-section
(1), to have been elected a Councillor as a candidate set up by
such political party;
(b) in any other case, be deemed to be an elected Councillor who
has been elected as such otherwise than as a candidate set up
by any political party for the purpose of sub-section(2).
Where a Councillor makes a claim that he and any other Councillors of his
political party constitute the group representing a faction which has arisen
as a result of a split in his political party and such group consists of not less
than one-third of the Councillors concerned,-
(1) He shall not be disqualified under sub-section (1) of section 3 on the
ground,-
(a) That he has voluntarily given up his membership of his political
party, or
3- A. Disqualification on
ground of defection
not to apply in case of
split.-
Ex-316/20113
(b) That he has voted or abstained from voting in, or intentionally
remained absent from, any meeting of the Municipal Council,
or Municipal Board contrary to any direction issued by the
political party to which he belongs or by any person or authority
authorised by it in this behalf, without obtaining in any case,
the prior permission of such political party, person or authority
and such voting or abstention or absence has not been
condoned by such political party, person or authority within
fifteen days from the date of voting or such abstention or
absence, and
(2) from the time of such split, such faction shall be deemed to
be the political party to which he belongs for the purpose of
sub-section (1) of section 3 and to be his political party for
the purpose of this section.
(1) A Councillor shall not be disqualified under sub-section (1) of
section 3, where his political party merges with another political
party and he claims that he and any other Councillors of his
political party,-
(a) have become members of such other political party, or
as the case may be, of a new political party formed by
such merge;
(b) have not accepted the merger and opted to function as
a separate group, and from and time of such merger,
such other political party or new political party or group,
as the case may be, shall be deemed to be the political
party to which he belongs for the purposes of sub-section
( 1 ) o f S e c t i o n 3 a n d t o b e h i s p o l i t i c a l p a r t y f o r t h e
purposes of this section.
(2) For the purposes of sub-section (1) of this section,-
(a) the merger of the political party of a Councillor shall be
deemed to have taken place if, and only if, not less than
two-thirds of the Councillors concerned have agreed to
such merger;
(b) the expression “such other Political Party” and “New
Political Party” shall include a political party whether
such political party has been recognized or not by the
Election Commission of India as a National Party or a
State Party in the State of Mizoram under the Election
Symbols (Reservation and Allotment) Order, 1968.
3- B. Disqualification on
ground of defection not
to apply in case of
merger.-
Ex-316/2011 4
(1) A complaint that a Councillor has become subject to the
disqualification under Section 3 may be made by a Councillor
o r a P o l i t i c a l P a rt y t o th e C h i e f E x e c u ti v e O f f i c e r o f t h e
concerned local authority,-
(a) in a case falling under clause (a) of sub-section (1) after
the Councillor gives up the membership of the political
party;
(b) in case falling under clause (b) of sub-section (1), after
the expiry of fifteen days specified therein;
(c) in case falling under sub-section (2), after he joins the
political party.
(2) Where a complaint under sub-section (1) is received by the
Chief Executive Officer of the concerned local authority, he
shall, within twenty - four hours from the receipt of such
complaint, refer the same for decision,-
(a) in the case of Municipal Council, to the State Election
Commissioner;
(b) in the case of Municipal Board, to the Deputy
Commissioner;
Who shall decide the question within 30 (thirty) days after the receipt
 by him of the reference and his decision shall be final.
Notwithstanding anything contained in any law, no Courts shall have
any jurisdiction in respect of any matter conneted with disqualification
of a Councillor of a member under this Act.
(1) The State Government may, by notification, make rules for carrying
out the provision of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before the State Legislature for a total period of
14(fourteen) days, while it is in session which may comprise in one
session or in two or more sessions. If the State Legislature agrees in
making any modification in the rule or the State Legislature agrees
that the rule should not be made, the rule thereafter shall have effect
only in such modified form, or be of no effect, as the case may be.
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
4. Decision on the
q u e st i o n a s t o
disqualification
on the ground
of defection.
5. Bar on Jurisdiction
of courts.-
6. Power of State
Government to
make rules.-
Ex-316/20115
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/650

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