The Mizoram Municipalities (Amendment) Act, 2009

NOTIFICATION
No. H. 12018/120/03-LJD,  the 19th November, 2009. 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 (Amendment) Act, 2009 (Act No. 14 of 2009).
[Received the assent of the Governor of Mizoram on 9.11.2009]
AN
ACT
to amend the Mizoram Municipalities Act, 2007 (Act No. 6 of 2007) (hereinafter referred to as the
Principal Act).
It is enacted by Legislative Assembly of Mizoram in the Sixtieth year of the Republic of
India as follows :-
Short title, Extent And 1 : (1) These Act shall be called the Mizoram Municipalities (Amendment)
Commencement  Act, 2009.
(2) It shall have like extent as the Principal Act.
(3) It shall come into force from the date of publication in the
Official Gazette.
Amendment of 2 : (1) In section 2 of the Principal Act, after sub-section (18), a new
Section 2 sub-section (18-A) may be added, namely :-
“(18-A)“Director of Local Bodies” means an officer of the State
Government not below the rank of Secretary designated as
such by the State Government by Notification.”
(2) In section 2 of the Principal Act, after sub-section (48) a new
sub-section (48-A) shall be added, namely :-
“(48-A )“Population”  means the population as ascertained at
the last preceding census of which the relevant figures have
been published.”
The Mizoram GazetteEXTRA ORDINARY
Published by Authority
VOL - XXXVIII  Aizawl, Tuesday 24.11.2009  Agrahayana 3,  S.E. 1931, Issue No. 534
RNI  No. 27009/1973      Postal Regn. No. NE-313(MZ) 2006-2008 Rs. 2/- per issue
Amendment of 3 : (1) In section 3 of the Principal Act, the words “a population of not
Section 3 less than fifty thousand” occuring in first and second line of
clause (a) of sub-section (2) shall be substituted by the words
“a population of not less than ten thousand”.
(2) In section 3 of the Principal Act, after sub-section (2), a new
sub-section (2-A) shall be added, namely :-
“(2-A) “Provided that a Municipality under the section may not
be constituted in such urban area or part thereof as the
Governor may, having regard to the size of the area and the
municipal services being provided or proposed to be provided
by an industrial establishment in that area and such other factors
as he may deem fit, by public notification, specify to be an
industrial township.”
Amendment of 4 : In section 5 of the Principal Act, for the words “the State
Section 5 Government” the words “the Governor” shall be substituted.
Amendment of 5 : In section 7 of the Principal Act, in the proviso, for the words
Section 7 “District Headquarters” and “Fifty thousand,” the words “Town”
and “ten thousand” respectively shall be substituted.
Amendment of 6 : In clause (a) of sub-section (1) of section 12 of the Principal Act,
Section 12 the word “or” shall be substituted by the word “as”.
Amendment of 7 : Clause (b) of sub-section (1) of section 12 of the Principal Act
Section 12 shall be substituted as follows, namely :-
“The member of the House of the People and the members
of the Legislative Assembly of the State representing the consti-
tuencies comprising wholly or partly of the Municipal area.
Provided that the members referred to in sub-section (1)
(b) of section 12 above shall not have the right to vote in the
meeting of the Municipality”.
Amendment of 8 : Section 13 of the Principal Act shall be substituted as follows,
Section 13. namely :-
“Constitution of the Municipalities :
(1) The Councillors elected in a general election or a bye-
election of a Municipality in  accordance  with the provisions
of any law relating to municipal elections in the State, shall
constitute the Municipality.
(2) The Municipality shall, unless dissolved earlier, continue for
a period of five years from the date of its first meeting after
the general election and no longer.
(3) An election to constitute a Municipality shall be completed,
as the case may be :-
(a) before the expiry of the period specified in the sub-
section (2), or
(b) before the expiry of a period of six months from the
date of its dissolution :
Provided that where the remainder of the period for
which the dissolved Municipality would have continued is
less than six months, it shall not be necessary to hold an
election for constitution of the Municipality for such period.
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(4) The Municipality constituted upon its dissolution before the
expiration of the period specified in sub-section (2) shall
continue only for the remainder of the period for which the
dissolved Municipality would have continued under sub-
section (2) had it not been so dissolved.
(5) In a Municipal area newly constituted,  the local authority
having jurisdiction over such area immediately before such
area was constituted a municipal area, shall continue to
have jurisdiction and to perform its functions till such time,
not exceeding six months from the date of the notification
under section 6, as may be necessary for holding elections.
(6) If, for any reason, it is not possible to hold the general
election of a Municipality before the expiry of the period of
five years specified in sub-section (2), the Municipality shall
stand dissolved on the expiration of the said period and all
the powers and functions vested in the municipal authorities
under this Act or under any other law for the time being in
force shall be exercised or performed, as the case may be,
by such person or persons to be designated as Administrator
or Board  of Administrators  as the State Government may,
by notification, appoint.
(7) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number of
seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct
election in that Municipality as the population of the
Scheduled Castes in the Municipal area or the Scheduled
Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to
different constituencies in a Municipality.
(8) Not less than one-third of the total number of seats reserved
under clause  (1) of Article 243T of the Constitution shall
be reserved for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
(9) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the
Scheduled Tribes) of the total number of seats to be filled
by direct election in every Municipality shall reserved for
women and such seats may be allotted by rotation to
different constituencies in a Municipality.
(10) The offices of Chairmen in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled Tribes
and women in such manner as the Legislature of a State
may, by law, provide.
(11) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairmen (other than  the
reservation for women) under clause (4) of Article 243T of
the Constitution shall cease to have effect on the expiration
of the period specified in Article 334 of the Constitution.
(12) Nothing in this Part shall prevent the Legislature of a State
from making any provision for reservation of seats in any
Municipality or offices of Chairmen in the Municipalities in
favour of backward class of citizens. ”
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Amendment of 9 : The words “the Vice Chairman and” appearing in sub-section
Section 14 (2) of section 14 of the Principal Act shall stand deleted.
Amendment of 10 :        Sub-section (1) of section 16 of the Principal Act shall be
Section 16 substituted by the following, namely :- “ Election of Chairman
and Vice Chairman :(1) TheChairman and the Vice Chairman
shall be elected by the elected Councillors from amongst
themselves in accordance with such procedure as may be
prescribed”.
Amendment of 11 : Sub-section (2) of section 16 of the Principal Act shall be
Section 16 substituted by the following, as follows :-
“In the event of the Board of Councillors failing to elect
a Chairman or a Vice Chairman in the manner prescribed,
the State Government shall appoint the Executive Officer
of the Municipality to act as the Chairman or the Vice Chairman,
as the case may be”.
Amendment of 12 : In section 18 of the Principal Act, after sub-section (3), a
Section 18 new  sub-section (4) shall be added as follows, namely:-
“(4)“The procedure adopted for the removal of Chairman
as provided under this Act shall be adopted in the case of
Vice-Chairman”.
Amendment of 13 :         Section 21 of the Principal Act shall be substituted as follows,
Section 21 namely :-
“Term of office of member of Executive Council: A
member of the Executive Council shall hold office until -
(a) he ceases to be Councillor, or
(b) he resigns his office by writing under his hand addressed to
the Chairman in which case the resignation shall take effect
from the date of his acceptance, or
(c) he is removed from office by a written order of the Chairman, or
(d) the Chairman ceases to hold office, or
(e) in the case of the death of the Chairman, a newly elected
Chairman enters upon his office.
Amendment of 14 : (1) Sub-section (1) of section 23 of the Principal Act shall be
Section 23 substituted by the following, namely :-
“(1) (i) Every Municipality shall, at its first meeting after the
election of Councillors thereto or as soon as may be
thereafter form a Ward Committee for every ward.
(ii) Each ward Committee shall consist of :-
(a) The elected Councillor from the concerned Ward who
shall be the chairman of the Ward Committee
(b) Two members each representing Local Councils in each Ward.”
(2) Sub-section (2) of section 23 of the Principal Act shall stand deleted.
(3) Sub-section (3) of section 23 of the Principal Act shall be
substituted as follows, namely :-
“The Municipality shall form a Local Council in every,  locality
within the ward for matter of local and internal nature according
to the Mizo traditions, customs and practices and such other
matters  necessary for effective functioning of the local councils.”
(4)   Sub-section (4) of section 23 of the Principal Act shall stand deleted.
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Amendment of 15 : Section 31 of the Principal Act shall  be substituted by the
Section 31 following, namely :-
“Appeal : Any person aggrieved by any order of the Municipal
Electoral Registration Officer with regard to any entry in, or
omission from, the electoral roll may, within fifteen days from
the date of final publication of the electoral roll appeal to the
District Municipal Election Officer. The decision of such appellate
authority shall be final and binding.”
Amendment of 16 : Sub-section (1)(a),(b),(c),(d),(e),(f),(g) and (h) and proviso
Section 35 (i),(ii),(iii) and (iv) of section 35 of the Principal Act shall stand
deleted .
Amendment of 17 : In sub-section (1) of section 35 of the Principal Act, after   clause
Section 35. (h), a new clause (i) shall be added, as follows namely :-
“ (i): “is so disqualified by or under any law for the time
being in force for the purpose of elections to the State Legislature
or if he is disqualified under any law made by the State Legislature
for this purpose.”
Amendment of 18 : Clause (i) of section 37 of the Principal Act shall be substituted
Section 37 by the following, namely :-
“(i) When a poll is taken at any election of a Councillor,
the voting at such election shall be by ballot or by Electronic
Voting Machine to be conducted in the manner prescribed, and.”
Amendment of 19 : Sub-section (2) of the section 51 of the Principal   Act shall be
Section 5 1 substituted as follows, namely  :-
“(2) The first meeting of a Municipality after the general
election of Councillors to the Municipality shall be convened
within thirty days from the date of publication of the names of
elected Councillors in the Official Gazette under sub-section
(3) of section 26.”
After sub-section 51(2), a new sub-section (3) shall be
inserted as follows, namely :-
“(3)Seven days” notice shall be given for the meeting”.
Amendment of 20 : Section 57 of the Principal Act shall be substituted as follows,
Section 57 namely :-
“Section 57 :
(1) Every Municipality shall -
(a) Provide on its own or arrange to provide through
any agency the following core municipal services :-
(i) water supply for domestic, industrial, and
commercial purposes,
(ii) drainage and sewerage.
(iii) solid waste management,
(iv) preparation of plan for economics development
and social justice,
(v) communication systems including construction
and maintenance of roads, footpaths, pedestrian
pathway, transportation terminals, both for
passengers and goods, bridges, over-bridges,
subway, ferries and inland water transport system,
(vi) transport system accessories including traffic
engineering schemes, street furniture, street
lighting, parking areas and bus   stops,
(vii) community health and protection of environment
including planting and caring of trees on road
sides and elsewhere,
(viii) markets and slaughter house.
(ix) promotion of educational, sport and cultural
activities, and
(x) aesthetic environment, and
(b) perform such other statutory or regulatory functions
as may be provided by or under this Act or under
any other law for the time being in force.
(2) The Municipality may, having regard to its managerial,
technical, financial  and  organizational capacity, and the
actual condition obtaining in the municipal area, decide
not to take up, or postpone the performance of, any of
the function as aforesaid.
(3) The State Government may direct a Municipality to perform
any of the functions as aforesaid, if such function is not
taken up, or is postponed, by the Municipality.
(4) The Municipality may plan, build, operate, maintain or
manage the infrastructure required for the discharge of
any of the functions, as aforesaid, either by itself or by
agency under any concession agreement referred to in
58 –A.”
Amendment of 21 : Section 58 of the Principal Act shall be substituted as follows,
Section 58 namely :-
“A Municipality may, having regard to the satisfactory
performance of its core functions which shall constitute the
first charge on the Municipal Fund, and subject to its managerial,
technical and financial capabilities, undertake or perform, or
promote the performance of, any of the following functions :-
(1) in the sphere of town planning, urban development and
development of commercial infrastructure, -
(a) Planned Development of new areas for human
settlement.
(b) Measures for beautification of the municipal area
by setting up parks and fountains, providing  recreational
area, improving river banks, and landscaping.
(c) Collection of statistics and data, significant to the
community, and
(d) Integration of the development plans and schemes
of the municipal area with the district or regional
development plan, if any.
(2) in the sphere of protection of environment,-
(a) reclamation of waste lands, promotion of social forestry
and maintenance of open spaces.
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(b) Establishment and maintenance of nurseries for
plants, vegetables and trees and promotion of greenery
through mass participation.
(c) organization of flower-show and promotion of flower-
growing as a civic culture, and.
(d) promotion of measures for abatement of all forms
of pollution;
(3) in the sphere of public health and sanitation.-
(a) Mass inoculation campaigns for eradication of
infectious diseases.
(b) Construction and maintenance of municipal markets
and slaughterhouse and regulation of all markets
and slaughterhouses.
(c) Reclamation of unhealthy localities, removal of noxious
vegetation  and abatement of all nuisances.
(d) Maintenance of all public tanks and regulating the
re-excavation, repair and  up-keep of all private
tanks, wells and other sources of water- supply on
such terms and conditions as the Municipality may
deem proper,
(e) Construction and maintenance of cattle pounds,
(f) Provision for unfiltered water supply for non-domestic
uses,
(g) Advancement of civic consciousness of public
health and general welfare by organizing discourses,
seminars and conferences,   and
(h) Measures for eradication of addiction of all kinds
including addiction to drug and liquor:
(4) in the sphere of education and culture, -
(a) promotion of civic education, adult education, social
education and non-formal education,
(b) promotion of culture activities including music, physical
education, sport  and theaters and infrastructure
therefore,
(c) advancement of science and technology in urban life,
(d) publication of municipal journals, periodicals and
souvenirs, purchase  of book, and subscription  to
journal, magazines and newspapers,
(e) installation of statues, portraits and pictures in
appropriate manner,
(f) organization, establishment and maintenance of art
galleries and botanical or zoological collections, and
(g) maintenance of monuments and places of historical,
artistic and other importance;
58 -A :
Notwithstanding anything contained in this Act but subject
to the provisions of any State law relating to planning, development
operation, maintenance and management of Municipal infrastructure
and services, a Municipality may, in the discharge of its functions
specified in section 47, section 48, and section 49, -
(a) promote the undertaking of any project for supply of Urban
environmental infrastructure or services by participation of a
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company,  firm, society, trust or any  body corporate  or any
institution, or government agency or any agency under any
other law for the time being in force, in financing, construction,
maintenance and operation of such project of a Municipality
irrespective of its cost,
(b) consider and approve the undertaking of any project
relating to urban environmental infrastructure or services by a
company, or firm, or society, or body corporate in terms of a
private sector participation agreement or jointly with any such
agency, and
(c) consider and approve the undertaking of any project relating
to urban environmental infrastructure or  service by any  institution,
or government agency or any agency under any other law for
the lime being in force, or jointly with any such agency.
58 -B:
(1) Private sector participation agreements shall be such as
may be prescribed
(2) Without prejudice to the generality of  the foregoing provisions
of this section, such agreements include the following :
(a) Build-Own-Operate-Transfer Agreement,
(b) Build-Own-Operate- Maintain Agreement.
(c) Build and Transfer Agreement,
(d) Build- Lease-Transfer Agreement,
(e) Build-Transfer-Operate Agreement.
(f) Lease and Management Agreement,
(g) Management Agreement,
(h) Rehabilitate-Operate-Transfer Agreement,
(i) Rehabilitate-Own-Operate-Maintain Agreement,
(j) Service Contract Agreement, and
(k) Supply-Operate-Transfer Agreement.
58 - C :
In the discharge of its obligations for providing urban
environmental infrastructure and services in relation to water-
supply, drainage and sewerage, solid waste management,
communication systems and commercial infrastructure, the
municipality may, wherever considered appropriate in the public
interest, -
(a) discharge any of its obligations on its own, or
(b) enter   into   any   private   sector   participation agreement.”
Amendment of 22 : In sub-section (1) of section 61  of the Principal   Act, clauses
Section 61 (g), (h), (i), (j), (k), (I), (m), (n)and (o) shall stand deleted.
Amendment of 23 :       Sub-section (1) of the section 63 of Principal Acs shall be
Section 63 substituted as follows, namely :-
“The state Government may appoint a Selection Board
consisting of a Chairman, a Secretary, and three other members
for selection of municipal officers and employees as may be
required from time to time as under:-
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Chairman - Secretary to the Govt. of Mizoram, Urban
Development & Poverty Alleviation Department.
Secretary  - Director, Urban Development & Poverty
Alleviation Department.
Members - Executive Officer and two Councillors of the
concerned Municipality”.
Amendment of 24 : Section 71   of the Principal Act shall stand deleted.
Section 71
Amendment of 25 :        Sub-section (2) of section 346 of the principal Act shall be
Section 346 substituted as follows, namely  :-
“Notwithstanding anything contained in this Act for the
purpose of the first election to a new municipality, the electoral
rolls used in the last 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 26 : in section 348 of the Principal Act, the words“in consultation
Section 348 with the State Government”  occurring in the third line of
sub-section (1) shall stand deleted.
Amendment of 27 : Section 350 of the Principal Act shall be substituted as follows,
Section 350 namely :-
“Fixing date and time for poll :  The State Election
Commission may, in consultation with the State Government,
by notification, fix the date or dates on which, and the hours
during which, the poll will be taken:
Provided that the poll on any day shall continue for a period
of not less than eight hours without interruption.”
Amendment of 28 : Sub-section (2) of  section 377 of the Principal Act shall stand deleted.
Section 377
Amendment of 29 : In section 384 of the Principal Act, after sub-section (2), a new
Section 384. sub-section (3) shall be added as follows, namely:-
“(3) Having regard to the provision of Article 243 ZD of the
Constitution of India and of any State Law enacted under this
Article, the Municipality shall participate in the election of
members of the District Planning Committee and such members
shall actively represent   the   interest   of  the   municipality   in
such committees.
Having regards to the draft development plan as prepared
by the District Planning Committee and as approved by the
State Government, the Municipality shall implement such
components of such development plan as relates to its jurisdiction
and carry out such as may be assigned to it in this behalf”.
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Amendment of 30 : Sub-section (2) of section 387 of the Principal Act shall be amended
Section 387 by incorporating the following proviso as follows, namely :-
“Provided that till such time as Building Rules are made
by the State Government under section 146 the Aizawl Development
Authority Building Regulations. 2008 made under the provisions
of the Aizawl Development Authority Act, 2005 shall continue
to be in force”.
Sd/-
Commissioner/Secretary
Law & Judicial Department,
Govt. of Mizoram.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/850
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