LexThe NAGALAND MUNICIPAL ACT,2023
Nagaland · state statute
Open in Lexace · Ask the AI about this actTHE NAGALAND MUNICIPAL ACT 2023 MUNICIPAL AFFAIRS DEPARTMENT NAGALAND, KOHIMA. The Nagaland Municipal Act, 2023 INDEX Part-1 Chapter—I Sections: Pages I. Short title, extent and commencement Chapter II 2. Definitions 1-3 Part-11 Chapter-1 Constitution of Municipalities 3. Declaration of intention to create and specify limits of 4 Municipal areas 4. Submissions of objections 4 5. Declaration and specification of Municipal area 5 6. Declaration of intention to include or exclude from any Municipal area 5-6 Chapter-IL Municipal Council 7. Municipal Authorities of Municipal area 6-7 8. Constitution and duration of Municipal Council 7 9. Reservation of seats for women 8 10, Composition of Municipal Council 8 11, Terms of Office of members of the Municipal Council 8 12. Election of Chairperson! Deputy Chairperson 8-9 13. Term of chairperson/Deputy Chairperson 9 14. Resignation of Chairperson/Deputy Chairperson 9 15. Removal of Chairperson/Deputy Chairperson 9-10 16. Suspension of Chairperson/Deputy Chairperson 10 17. Removal of Chairperson/Deputy Chairperson by Government 11 18. Election for filling-up the vacancy in the office of Chairperson/ Deputy Chairperson 11 Chapter-Ill Town Council 19. Authorities for Town Council Area 11 20. Constitution of Town Council 12 21. Reservation of seats for women 12 22. Composition of Town Council 13 23. Application of provision of certain sections of Town Council area 13 Chapter-IV Election! Resignation/ Removal and Casual Vacancies 24. Division of Municipal Council Area/Town Council Area 13 into Territorial Constituencies 25. Election to constitute Municipal Council/Town Council 14 26. Power of Government to direct holding of election 14 27. Resignation of elected members 14 28. Suspension of members of Municipal Council! Town Council 14-15 29. Power of Government to remove a member 15 30. Casual vacancy 15-16 31. State Election Commission 16 32. Electoral Roll 16 33. Electoral Registration Officers 16 34. Registration of Electors 17 35. Preparation of revision of Electoral rolls 17 36. Correction of entries in electoral roll 18 37. Inclusion of names in electoral roll 18 38. Appeal 18 39. Jurisdiction of Civil Courts Barred 19 40. Bar to interference by Courts in Electoral matters 19 41. Qualification for membership of Municipal Council! Town Council 19 42. Disqualification for membership of Municipal Council! Town Council 19-21 43. Right to vote 21 44. Publication of result of election 21 45. Dispute regarding election 21-22 46. Relief that may be claimed by the petitioner 22 47. Grounds for declaring elections to be void 22-23 48. Procedure to be followed by the Election tribunal 23 49. Decision of Election Tribunal 23 50. Procedure in case of equality of votes 23 51. Finality of decisions 24 52. Corrupt practices and electoral offences 24-25 53. Maintenance of secrecy of voting 25 54. Penalty for disorderly conduct in or near polling station 25-26 55. Penalty for misconduct at polling station 26 56. Breaches of official duty in connection with election 26 57. Removal of ballot papers from polling station to be an offence 26-27 58. Other offences and Penalty thereof 27-28 59. Power to make rules regulating the election of members 28 Chapter-V Conduct of Business 60A. Oath of affirmation 28 6013. Prohibition against sitting and voting before making oath of affirmation 28 60C. Time for holding meeting 28 60D. Convening of a meeting 29 60E. Ordinary and Special meeting 29 60F. Quorum 29-30 60G. Presiding Officer of the meeting 30 60H. Decision by majority vote 30 601. Members not to vote on matters in which he/she is interested 30 60J. Maintenance of order at meeting 30 60K. Adjournment 31 60L. Honorarium, allowances and facilitates to members 31 60M. Right to attend meeting 31 Chapter-VI Powers and Functions of Municipal Council! Town Council 61. Obligatory functions of Municipal Council 31-32 62. Additional functions of Municipal Council 32 63. Function of Town Council 32 64. General powers of Municipal Council/Town Council 32 65. General powers of Chairperson 32 66. Power of chairperson during emergency 33 67. Powers and functions of Deputy Chairperson of Municipal Council! 33 Town Council 68. Chief Executive Officer! Executive Officer 33 69. Appointment of Chief Executive Officer! Executive Officer 33 70. Salary and allowance of Chief Executive Officer! Executive Officer 33 71. Powers and functions of Chief Executive Officer! Executive Officer 34 72. Authentication of orders and instruments 34 73. Doubts as to powers or functions of the Municipal authorities 34 74. Exercise of powers and performance of functions subject to conditions 34-35 75. Transfer of functions of Government 35 Chapter-Vu Municipal officers and other Municipal Employees 76. Appointment and pay of establishment 35 Chapter VIII Direction and Control 77. Powers of Government to require production of documents and 36 submission of reports 78. Power of Government to depute officers to make inspection or examination and report 36 79. Power to annul or suspend any proceedings, resolution or order of 36-37 Municipality or of municipal authority 80. General powers of Government over officers 38 81. Powers to issue directions and policy guidelines 38 82. Powers of Government in case of default 38 83. Dissolution of Municipality 38-39 84. Consequences of dissolution 39 85. Appointment of an Administrator when election cannot be completed 39-40 86. Appointment of Administrator in special or emergent circumstances 40 Chapter-IX Urban Station Committee 87A. Establishment of Urban Station Committee 41 87B. Functions and powers of Urban Station Committee 41 87G. Urban Station Committee Fund 41 PART-Ill Finance Chapter-1 Municipal Fund 88. Municipal Fund 41 89. Custody of Municipal Fund 42 90. Application of Municipal Fund 42 91. Payment not be made unless covered by budget-grant 43 92. Power of Government to direct use of Municipal Fund for a 43 particular purpose 93. Investment of surplus money 43-44 94. Constitution of Special Funds 44 95. Operation of bank accounts 44 96. Duty of persons signing the cheque 44-45 Chapter II Borrowing 97. Power to raise loan by issue of debentures 45-46 98. Form and effect of debentures 46 99. Constitution and investment of Sinking funds 46 100, Application of sinking fund 46 101. Annual statement 46-47 102. Annual examination of Sinking Fund 47 103. Borrowing by Municipalities 47 104. Power to direct a Municipality to advance loan to another Municipality 48 Chapter-Ill Budget Estimate Preparation of budget estimate 48 Sanction of budget estimate 48 Power to alter budget grant 48-49 Chapter-IV Accounts and Audit Maintenance of Accounts 49 Preparation of Municipal Accounts code 49 Financial Statement 49 Balance Sheet 50 Submission of financial Statement and balance sheet to the Audit Authority 50 Audit Authority 50 Audit Report 51 Placing of audited accounts before the Municipality 51 Audited accounts to be submitted 51 Special Audit 52 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. Chapter-V Municipal Property 118. Power to acquire and hold property 52 119. Vesting of property 52-53 120. Acquisition of immovable property by agreement 53 121. Acquisition where immovable property cannot be acquired by agreement 53 122. Disposal of property 54 123. Registers of immovable and movable properties 54 Part IV Municipal Taxation Chapter-I Levy of Taxes and Fees by Municipalities 124. Power to impose Taxes 55 125. Constitution of Finance Commission 56 Part-V General Powers, Offences and Penalties, Rules & Regulations Chapter-I General Powers 126. Power to institute legal proceedings 56-57 127. Bar ofjurisdiction of civil courts 57 128. Members and Officers of the Municipality to be public servants 58 Chapter-11 Offences and Penalty 129. Punishment for certain offences 58 130. General 58 131. Punishment of imprisonment in default of payment fine 58 132. Offences by Companies 59 133. Prosecutions 59 134. Composition of offences 59 135. Protection of wion of tht Muiiicip1ity 6C, 60 1 36. kices to be~'lvcn of suits 60 CHAPTER-111 RULES AND REGULATIONS 137. Power to mi Rules 60-61 138 Power to makc Rcghlion 61 139. Rogulation to be subject to approv1 of Goymml 61 14 Powers of Covernmeril to ciice1 or modify regu1tions 61 141. Pcnally for breach of regulations 62 1 42. Rmod of difficulties 62 143. Savings 6263 144. Review of the Act. 63 THE NAGALAND MUNICIPAL ACT. 2023 (Act No. 9 of 2023) An Act To provide for the administration of urban areas and to establish Municipalities in larger urban areas, smaller urban areas and transitional areas in Nagaland. Whereas, it is expedient and necessary to provide for the administration of urban areas viz: larger urban areas, smaller urban areas and transitional areas and to introduce Municipalities in Nagaland for the purpose of bringing them in conformity with the substance and the provisions of the Constitution (Seventy-fourth) Amendment Act, 1992 in general and in particular to endow the Municipalities with functions and powers so as to enable them to function as vibrant Institution of Local Self Government with greater people participation in managing their own affairs It is hereby enacted by the Nagaland Legislative Assembly in the Seventy Fourth Year of the Republic of India as follows: - Part-I CHAPTER-i Preliminary 1. Short title, extent and commencement: (i) This Act may be called the Nagaland Municipal Act,2023. (ii) It shall extend to the whole of Nagaland. (iii) It shall come into force from the date of publication in the Official Gazette. CHAPTER-I! 2. Definitions: In this Act, unless the context otherwise requires: (1) "Audit Authority" means the authority prescribed under section 113. (2) "Balance means the balance sheet of the Municipality prepared under section 111 "Budget estimate" means the budget estimate of the Municipality prepared under section 105. (3) 2 (4) "Budget grant "means the total sum entered on the expenditure side of budget estimate under a major head. (5) "building" means any shop, house, hut, outhouse, stable, a factory, an industrial shed and a temporary structure erected by means of tents and any other structure including structures raised for entertainment purposes whether roofed or not and whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well. (6) "Chairperson" means a chairperson elected as Chairperson of a Municipal Council or Town Council. (7) "Chief Executive Officer "means the executive officer of Municipal Council and "Executive Officer" means the executive officer of Town Council and includes such officer as maybe especially authorized in this behalf to carry out the functions of the Executive Officer under the Act. (8) "Company" means a body corporate and includes a firm or other association of individuals and "Director" in relation to a firm means a partner in the firm. (9) "contagious/infectious disease" means: - (i) Cholera, plague, chicken box, small box, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis, diphtheria, dengue, fever, acquired immune deficiency syndrome (AIDS), hepatitis B and C, cerebral malaria, and viral pneumonia and (ii) Any other epidemic, endemic, pandemic or infectious diseases which the Government may, in relation to any Municipal areas, by notification, declare to be an infectious or contagious disease for the purpose ofthis Act. (10) "Deputy Chairperson" means a Deputy Chairperson elected as Deputy Chairperson of a Municipal Council or a Town Council. (11) "Ex-Officio" means Members of Lok Sabha from Nagaland, Members of Rajya Sabha from Nagaland and Members of the Nagaland Legislative Assembly representing Legislative Assembly Constituencies which comprise wholly or partly the Municipal Council! Town Council area. (12) "Finance Commission" means the Finance Commission constituted under section 125. (13) "Financial interest" means the monetary reward for a service rendered, a monetary gain for commercial dealings, or the ownership of shares with the potential for monetary profit. (14) "Financial statement" means the financial statement of the Municipality prepared under section 110. (15) "Hazardous process" means the hazardous process defined in clause(cb) of section 2 of the Factories Act, 1948 (Act 63 of 1948). (16) "Indigenous inhabitants of Nagaland" means the terms in reference to the Notifications issued by the State Government from time to time. (17) "member" in relation to a Municipal Council or Town Council means a member thereof and includes elected, ex-officio and nominated members. 3 (18) "Municipal Area" means the territorial area of a Municipal Council or a Town Council as the case may be. (19) "Municipal Fund" means the Municipal Fund constituted under section 88. (20) "Nominated Members" means persons having special knowledge or experience in Municipal Administration nominated by the government by a notification. (21) "nuisance" includes any act, omission or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, hearing or which is or may be dangerous to the life or injurious to health or property. (22) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. (23) "premises" means any land or building or part of the building and includes: (a) garden, ground and out-houses, if any, appertaining to a building. or part of building and (b) any fitting affixed to a building or part of a building for the more beneficial enjoyment thereof. (24) "Public road" means any street, road, square, court, alley, passage or pathway over which the public have a right of way, whether a thoroughfare or not and includes: (a) the road way over any public bridge or causeway (b) the footway and the drains attached to any such road, public bridge or causeway and (c) the land whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property of the State. (25) "Qualifying date" means such date as the State Election Commission may by order specify in this behalf for the purpose of preparing the electoral roll. (26) "regulation" means a regulation made by the Municipal Council or the Town Council as the case may be, under this Act. (27) "rule" means a rule made by the Government under this Act. (28) "section" means a section of this Act. (29) "Trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industrial operation or process, or treatment and disposal system other than domestic sewage. (30) "ward" means a territorial constituency provided under section 24. (31) "year" means a year commencing on the first day of April of a calendar year and ending on the 3 111day of March of the succeeding calendar year. 4 Part -11 CHAPTER -1 Constitution of Municipalities 3. Declaration of intention to create and specify limits of Municipal areas: (I) The Government may after making such inquiry as it may deem fit and having regard to: (a) the population of any urban area; the density of population therein; (c) the revenue generated for the local administration of such area; (d) the percentage of the employment in non-agricultural activities; (e) the economic importance of such area and such other factors, as may be considered relevant by a notification, declare its intentions to create and specify Municipal areas clearly defining the limits of the local areas to be included in the Municipality, Provided that such declaration may be made as Municipal Council area where the population of such area is 20,000 and above and Town Council area for such area where the population is below 20,000 but not less than5000. Provided further that the State Government may declare a smaller urban area having a population below 5000 and not less than 1000 as Urban Station Committee area. (2) A copy ofthe notification shall be published and shall also be affixed in a conspicuous place in the Office of the Deputy Commissioner and such other place as the Government may direct. 4. Submission of objections: Any inhabitant of any part of a local area as specified in the notification published under section 3 having any objection(s) to anything contained in the notification, may submit such objection(s) in writing through the Deputy Commissioner to the State Government within a period of 30 days from the date of publication of the notification and the Government shall examine on merit and dispose all such objections in a reasoned order. Provided no objection shall be deemed to be raised in regard to the limit of the Urban area already specified as Municipal Council or Town Council notified vide Government Notifications. 5 5. Declaration and specification of Municipal Area: On the expiry of a period of 30 (thirty) days from the date of publication of the notification issued under section 3 and after consideration of the objections submitted under section 4, the Government by notification, declare and specify such area or part thereof to be Municipal Council area or Town Council area or Urban Station Committee area, as the case maybe. 6. Declaration of intention to include or exclude any Urban area from the operation of the Act: (1) The Government after consultation with the Municipal Councilor Town Council as the case maybe, by a notification, declare its intention: (a) to include within the Municipal Council area or Town Council area any area adjacent there to or to exclude from the Municipal Council area or Town Council area, any area comprised therein or (c) to withdraw any Urban area from the operation of this Act. (2) Every such notification shall define the limits of the area to which it relates. (3) A copy of the notification shall be published and shall also be affixed in a conspicuous place in the Office of the Deputy Commissioner and such other place as the Government may direct. (4) On the expiry of a period of 30 (thirty) days from the date of publication of the notification referred to in sub-section (1) and after consideration of the objections if any submitted, the Government may by a notification: (a) include within the Municipal Council area or Town Council area, any area adjacent there to or (b)exclude from the Municipal Council area or Town Council area, any area comprised therein or (c) withdraw any urban area from the operation of this Act. (5) Where any area within the territorial jurisdiction of any local authority is constituted as Municipal Council or Town Council or included in such Municipal Council area or Town Council area: (a) the provisions of this Act except as the Government by a notification otherwise direct and in force in Municipal Council Areas or Town Council Areas shall apply; (b) the Government may by a notification issue such orders as it may deem fit: (1) as to the transfer to the Municipal Council or Town Council or disposal otherwise of the assets or institutions of such local authority in the area constituted or included and 6 as to the discharge of the liabilities, if any, of such local authority relating to such assets or institutions. (6) Where any area is excluded from the Municipal Council area or Town Council area and included in the area within the territorial jurisdiction of any other local authority: the provisions of this Act shall cease to apply and shall cease to be imposed in the area so excluded. (b) The Government may by a notification issue such orders as it may deem fit: as to the transfer of such local authority or disposal otherwise of the assets or institutions of Municipal Council or Town Council and as to discharge of liabilities if any, of such Municipal Council or Town Council relating to such assets or institutions. (7) Upon the issue of the notification under sub-section (4) withdrawing any urban area altogether from the operation of this Act: (a) the provision of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred thereunder shall cease to apply to such area. (b) the Municipal fund and also other property vested in the Municipal Council or Town Council shall vest in the Government and the liabilities of the Municipal Council or Town Council shall be transferred to the Government; (c) any right, privilege, obligation or liability acquired, accrued to or incurred by the Municipal Council or Town Council immediately before such withdrawal, shall vest in or be enforceable against the Government. (d) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Municipal Council or Town Council, may be continued or instituted by or against the Government. CHAPTER —II MUNICIPAL COUNCIL 7. Municipal Authorities of Municipal Council area: The Municipal Authorities for the purpose of giving effect to the provisions of this Act in Municipal Council area shall consist of: (i) the Municipal Council (ii) the Chairperson 7 (iii) the Deputy Chairperson (iv) the Chief Executive Officer 8. Constitution and duration of Municipal Council: (I) For every Municipal Council Area. there shall he constituted a Municipal Council. (2) 'Every Municipal Council shall be a body corporate and shall be known by the name given by the State Government at the time of constitution of the Municipal Council and shall have perpetual succession and a common seal with power subject to the provisions of this Act, to acquire, hold or dispose off properties and may by the said name sue and be sued. (3) The Members 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. (4) The Municipality shall, unless dissolved earlier, continue for a period of 5 (five) years from the date of its first meeting after the general election and no longer. (5) An election to constitute a Municipality shall be completed, as the case may be: (a) before the expiry of the period specified in sub-section (4) or (b) before the expiry of the period of 6 (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 6 (six) months, it shall not be necessary to hold an election for constitution of the Municipality for such period. (6) The Municipality constituted upon its dissolution before the expiration of the period specified in sub-section (4) shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (4) had it not been so dissolved. (7) 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 havejurisdiction and to perform its functions till such time, not exceeding 6 (six) months from the date of the notification under section 6, as may be necessary for holding elections. (8) If for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of 5 (five) years specified in sub-section (4), 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. 8 9. Reservation of Seats for women: Not less than one-third of the total number of seats to be filled by direct election in every Municipal Council shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. 10. Composition of Municipal Council: Every Municipal Council shall be composed of elected, ex-officio and nominated members. (1) The Government may by a notification, divide the Municipal Council area into territorial constituencies to be known as wards for the purpose of filling up the seats in the Municipal Council by direct election, who shall be Members. (2) Member of Lok Sabha from Nagaland, Member of Rajya Sabha from Nagaland and Members of the Nagaland Legislative Assembly Constituencies which comprise wholly or partly the Municipal Council area shall be ex-officio members. (3) The Government shall by a notification nominate such number of members, not exceeding one-fifth of the elected members, from amongst the persons having special knowledge or experiences in Municipal Administration shall be nominated members. (4) Provided, that the persons referred to in sub-section (2) and (3), shall not have the right to vote in the meetings of the Municipality 11. Term of office of members of Municipal Council: The term of office of the members of Municipal Council shall be co-terminus with the duration of Municipal Council. 12. Election of Chairperson/Deputy Chairperson: (1) The Municipal Council shall elect one of its elected members to be the Chairperson in the manner as may be prescribed in this behalf. (2) The Municipal Council may also elect one of its elected members to be Deputy Chairperson in the manner as prescribed in this behalf under sub-section (1). (3) The election under sub-section (1) and (2) shall be conducted at a meeting of Municipal Council to be convened immediately after the meeting held for making and subscribing oath of affirmation by the members but not later than 6 (six) months from the date on which the election of members is notified by the State Election Commission. (4) The meeting for election of Chairperson and Deputy Chairperson of Municipal Council shall be convened and presided over by the Deputy Commissioner. (5) If during the election of Chairperson or Deputy Chairperson as the case may be, there 9 is equality of votes between the candidates and addition of vote would entitle one of such candidates to be elected as Chairperson or Deputy Chairperson as the case may be, the Presiding Officer shall decide between such candidates by lot to be drawn in their presence in such manner as may be prescribed and the candidate on which the lot fall shall be deemed to have received an additional vote. (6) The Chairperson and Deputy Chairperson shall enter upon their duties as such, immediately after their elections. 13. Term of Chairperson/Deputy Chairperson: - The term of the Office of Chairperson or Deputy Chairperson shall be co-terminus with the duration of Municipal Council unless he has ceased to be a member or he has vacated by resignation or by removal. 14. Resignation of Chairperson! Deputy Chairperson: - (1) The Chairperson! Deputy Chairperson may at any time by writing under his hand addressed to the Deputy Commissioner, resign from his office. (2) A copy of the resignation shall be sent to the Chief Executive Officer for placing before the Municipal Council. (3) The resignation shall take effect on the expiry of a period of 15 (fifteen) days from the date of the delivery of resignation to the Government through the Deputy Commissioner. Provided that the Chairperson or Deputy Chairperson, as the case may be withdraw his resignation within the aforesaid period. 15. Removal of Chairperson/Deputy Chairperson: (1) The Chairperson or Deputy Chairperson may be removed from office by the Municipal Council by adopting a motion expressing want of confidence in the Chairperson or Deputy Chairperson in accordance with the procedures as provided under this section. (2) Written notice of the intention to move a motion of no confidence in the Chairperson or Deputy Chairperson, signed by not less than one- half of the total number of members serving at the relevant time excluding the ex -officio members and the nominated members along with a copy of the motion, shall be delivered by any two members, signing the notice to the Deputy Commissioner. (3) On receiving the notice referred to in sub-section (2), the Deputy Commissioner shall convene a meeting of the Municipal Council for consideration of the motion, which shall be held at the office of the Municipal Council on the date and time appointed by the Deputy Commissioner for the purpose which shall not be later than 14 (fourteen) days from the 10 date on which the said notice was delivered to him. (4) The Deputy Commissioner shall send not less than 7 (seven) clear days before the meeting, a notice of such meeting and of the date and the time appointed thereof to every member, except the ex-officio members and nominated members at his place of residence and shall at the same time cause such notice to be published in such manner as the Deputy Commissioner may deem fit and thereupon every elected member shall be deemed to have received the notice. (5) The meeting convened for the aforesaid purpose shall be presided over by the Deputy Commissioner. The motion shall be deemed to have been carried only when it has been passed by a majority of elected members present and voting. (7) When a motion is carried under sub-section (6), the Chairperson or Deputy Chairperson shall be deemed to have vacated his office. (8) When a motion has been carried out by the Municipal Council, the Deputy Comm ksioner shall send a report to the Government. No other business shall be transacted in the meeting convened for considering the no confidence motion. 16. Suspension of Chairperson/Deputy Chairperson: The Government may: (a) When the Chairperson or Deputy Chairperson prima facie appears to be guilty of. (i) encroachment or unauthorized occupation on any Municipal property or land or (ii) acting against the financial interest of Municipality or (iii) an heinous crime or an offence involving moral turpitude and has remained under detention for more than 48 hours or (iv) where the continuation in office is prejudicial to public interest, suspend the Chairperson or Deputy Chairperson. Provided that the charges, on which the Chairperson or Deputy Chairperson was suspended shall be inquired into expeditiously within a period of I (one) month. Provided further that the period of suspension shall not normally exceed 6(six) months. 11 117. Removal of Chairperson! Deputy Chairperson by Government: Notwithstanding anything contained in section 13, the Chairperson or Deputy Chairperson may be removed from office by the Government at any time by an order in writing on any ground(s) provided under section 16 on ground(s) of misuse of his power or on persistent failure to perform his duties Provided that before passing any such order a reasonable opportunity of being heard shall be given to the Chairperson or Deputy Chairperson. 18. Election for filling up the vacancy of the offices of the Chairperson! Deputy Chairperson: (1) Election for filling up the vacancy of the offices of the Chairperson or Deputy Chairperson shall be held where a Chairperson! deputy Chairperson: (a) Resigns from his office or (b) ceases to be a member or (c) is removed from office by motion of no confidence or is removed from office by the Government (2) A person removed from office of Chairperson or Deputy Chairperson by the Government under section 17 shall not be eligible for re-election during the duration of the Municipal Council. (3) The provisions of sub-sections (4), (5) and (6) of section 12 shall apply. CHAPTER - Ju Town Council 19. Authorities for Town Council area: The authorities for the purpose of giving effect to the provisions of this Act in Town Council area shall consist of: (a) Town Council (b) Chairperson (c) Deputy Chairperson (d) Executive Officer 12 20. Constitution of Town Council: (1) For every Town Council area there shall be constituted a Town Council. (2) Every Town Council shall be a body corporate by the name given by the State Government at the time of constitution of the Town Council and shall have a perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose off properties and may by the said name sue and be sued. (3) The Members elected in a general election or a bye-election of a Town Council in accordance with the provisions of any law relating to Municipal elections in the State, shall constitute the Town Council (4) The Town Council shall unless dissolved earlier continue for a period of 5 (five) years from the date of its first meeting after the general election and no longer. (5) An election to constitute a Town Council shall be completed, as the case may be: - (I) before the expiry of the period specified in sub-section (4), or (ii) before the expiry of the period of 6 (six) months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Town Council would have continued is less than 6 (six) months, it shalt not be necessary to hold an election for constitution of the Town Council for such period. (6) The Town Council constituted upon its dissolution before the expiration of the period specified in sub-section (4) shall continue only for the remainder of the period for which the dissolved Town Council would have continued under sub-section (4) had it not been so dissolved. (7) In a Town Council Area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted a Town Council area, shall continue to have jurisdiction and to perform its functions till such time, not exceeding 6 (six) months from the date of the notification under section 6. as may be necessary for holding elections. (8) If for any reason, it is not possible to hold the general election of a Town Council before the expiry of the period of 5 (five) years specified in sub-section (4), the Town Council shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Town Council 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. 21. Reservation of seats for women: Not less than one-third of the total number of seats to be filled by direct election in every Town Council shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Town Council. 13 22. Composition of Town Council: (I) Every Town Council shall have the elected members, ex-officio members and nominated members. (2) The Government may by a notification, divide the Town Council area into territorial constituencies to be known as wards for the purpose of filling up the seats in the Town Council by direct election. (3) Member of Lok Sabha from Nagaland, Member of Rajya Sabha fromNagaland and Members of the Nagaland Legislative Assembly representing Legislative Assembly constituencies which comprise wholly or partly the Town Council area shall be ex- officio members. (4) The Government shall by notification, nominate such number of members not exceeding one-fifth of the elected members from amongst the person having special knowledge or experience in Municipal administration shall be nominated members. (5) Provided, that the persons referred to in sub-section (3) and (4), shall not have the right to vote in the meetings of the Town Councils. 23. Application of provisions of certain Section to Town Council area: Where an area is specified as Town Council area under section 5 the provisions of sections 11 12, 13, 14. 15. 16,17 and 18 shall apply to Town Council area as if Town Council so constituted were a Municipal Council. CHAPTER IV Election, Resignation, Removal and Casual Vacancy. 24. Division of Municipal Council Area/ Town Council Area into Territorial Constituencies: (1) For the purpose of election of members under section 10 or section 22, as the case may be, the Government shall, having regard to population, extent of the area and geographical area, divide the Municipal Council or Town Council into Territorial constituencies to be known as 'wards and each ward shall elect only one member. (2) Delimitation of wards shall be done in such manner that (a) the localities included in a ward are contiguous and form a compact territorial block, (b) the population of all the wards as far as practicable is the same throughout the Municipal Council area or Town Council area. (c) the numbering of the wards is continuous and in accordance with the prescribed procedure. 14 25. Election to constitute Municipal Council /Town Council: (1) An election to constitute Municipal Council or Town Council shall be complete: (a) before the expiry of its duration specified under section S or ) before the expiry of a period of 6 (six) months from the date of its dissolution. (2) The first election to a Municipal Council or Town Council shall be held within a period of 6 (six) months from the date of its constitution. 26. Power of Government to direct holding of election: (1) Subject to the provisions of this Act and the rules made thereunder, the Government may by notification, direct that a general election to a Municipal Council or Town Council or to fill a casual vacancy of a member shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Municipal Council or Town Council. (2) As soon as a notification is issued under sub-section (1), the State Election Commission shall take necessary steps for holding such elections. 27. Resignation of elected members: (1) If any elected member of a Municipal Council or Town Council intents to resign from office, he/she shall submit his/her resignation in writing to the Government through the Deputy Commissioner. (2) Such resignation may be withdrawn within 14 (fourteen) days from the date of receipt of acknowledgement by the elected member, failing which the resignation shall be accepted. (3) If the resignation is not withdrawn and is accepted by the Government, it shall be notified in the Official Gazette. 28. Suspension of member of Municipal Council / Town Council: Notwithstanding any law for the time being in force, the Government may suspend a member: (a) Where a member prima facie appears to be guilty of: (i) Encroachment or unauthorized occupation of any Municipal property or land or (ii) Acting against the financial interest of Municipal Council or Town Council or (iii) A heinous crime or an offences involving moral turpitude has remained under detention for more than 48 hours or 15 (b) Where the continuation of a member as such is prejudicial to public interest. Provided that the charges on which the member was suspended shall be inquired into expeditiously within a period of 1 (one) month. Provided further that the period of suspension of the member shall in no case exceed 6 (six) months. 29. Power of Government to remove a member: The Government may by notification remove any member of a Municipal Council or Town Council if it is of the opinion that: (a) any of the grounds for suspension mentioned in section 28 has been proved against him/her or (b) He/She has flagrantly abused his/her position as a member or (c) He/She has through negligence or misconduct been responsible for any loss or misapplication of any money or property of Municipal Council or Town Council or (d) He/She has failed to pay arrears of any kind, due to the Municipal Council or Town Council otherwise than as an agent, receiver, trustee or an executor to the Municipal Council or Town Council within 3 (three) months after a notice in this behalf has been served upon him or (e) He/She has absent himself/ herself during 3 (three) successive meetings of Municipal Council or Town Council without intimation to the Municipal Council or Town Council; (f) He/She has absent himself/herself or was unable to attend the meetings of Municipal Council or Town Council during 12 (twelve) successive months for any cause whatsoever, whether approved or not by such Municipal Council or Town Council or (g) He/She has acted in contravention of the provisions of sections 601 and 60J or commits any act of misconduct. 30. Casual vacancy: (1) Whenever a vacancy occurs by death or the election of a member is declared void, the chairperson of the Municipal Council or Town Council shall inform the Government of such vacancy. (2) Whenever a vacancy occurs by death, resignation and removal or otherwise of an elected member or the election of an elected member is declared void,, the vacancy shall be filled by fresh election. 16 (3) The person so elected shall hold office only so long as the person in whose place is elected, would have held, had the vacancy not occurred. Provided that if the remainder of the term of the office of member in whose place the vacancy occurred, is for a period of less than 6 (six) months, it shall not be necessary to hold the election to fill such vacancy. 31. State Election Commission: (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the Municipal Council or Town Council shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) The conditions of service and tenure of the State Election Commissioner shall be such as the Governor may by rules prescribe, Provided that the State Election Commissioner shall not be removed from Office except in the like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his/her disadvantage after appointment. (3) The Government shall, when requested by the State Election Commissioner make available to the State Election Commission such staff which the Government considers necessary for discharge of the functions conferred on the Election Commission by sub-section (1). 32. Electoral Roll: For every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act and the rules made thereunder. 33. Electoral Registration Officers: (1) The Electoral roll for each ward shall be prepared and revised by an electoral officer who shall be such officer of the Government or Municipal Council or Town Council as the State Election Commission may, in consultation with the Government, designate or nominate on this behalf. (2) To assist the electoral registration officer in discharge of his function under sub- section (1). the State Election Commissioner may employ such person as it thinks fit. 17 34. Registration of Electors: The persons entitled to be registered as electors in the electoral roll of the Assembly constituency in the State as relates to the area comprised within a ward shall be entitled to be registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (Act No. 43 of 1950) shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of an Assembly constituency. 35. Preparation and revision of electoral rolls: (I) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules, and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:
Excerpt shown. Open the full act in Lexace.