The Disqualification on Ground of Defection in Urban Local Bodies Act, 2024

The Nagaland Gazette November 30, 2024
PART-V
NOTIFICATION
Dated Kohima, the 12th November, 2024.
NO.LAW/ACT/23-43/2024 : : The Disqualification on Ground of Defection in
Urban Local Bodies Act, 2024 Act No. 10 of 2024 duly assented by the Hon’ble
Governor on 19:'1 Oct. 2024 is hereby published for general information.
Sd/-
THEJANGU-U KIRE
Secretary to the Govt. ofNagaland.
DISQL;ALIFICATION ON GROUND OF DEFECTION IN tFRBAN
LOCAL BODI£:S9 ACT9 2024
(Act No 10 of 2024)
An Act to make provisions relating to disqualiHcatiolr on ground of defection in
the Urban Local Bodies
Be it enacted by the NagaIand Legislative Assembly in the Seventy Fifth Year of
the Republic of India as follows:-
CH APT ie it - 1
PRELIMINARY
Short Title and conllnencenrent :-
( 1 ) This Act may be calied the Disqualification
on Ground of Defection in Urban Local Bodies,
Act, 2024
(2) The provisions of this Act shall come into
effect forTh\\-ith .
CHAPTER – 2
2 Disqualification on ground of Defection:- A lneInber of a Council of
the Urban Local Body belonging to any political Party shall be
disqualified for being a member of the Council : –

November 30, 2024 The Nagaland Gazette, Part-V 71
(a) if he/slle has volu11tariiy given up his/her lnembership of such
political party by which he/she was set up as a candidate for
Election as such member;
(b) If he/she votes or abstains from voting in such Council contralv to
any direction issued by the political parTy to which he/she belongs
or by any person or Authority authorized by it in this behalf,
without obtaining, in either case, the prior pennission of such
political patty, person or Authority and sue iI voting or abstention
has not been condoned by such politica! party, person or Authority
within fifteen days from the date of such voting or abstention.
3 Disqualification on ground of defection not to apply in case of
merger] 1 ) A member of a Council shall not be disqualified under
section 2 above where not less than t\vo thirds of fIre members of his/her
political party have decided to merge with another political party in the
Council .
(2) For the ptlrpose of this section 3, the merger of the original
political palty of a nrenlber of a Council shall be deenred to have taken
place with another political party, if not less than two tlril'ds of the
members of the political partY concerned have agreed to such merger
witlr another political party in the Council .
4 Decision on questions as to disqualification on ground of defection–If
any question arises as to whether a member of a Council has become
subject to disqualification u11der this Act, the question shall be referred
for decisiolr of the Chairperson of the Urban I.ocal Body colrcelned and
his/her decision shall be final:

72 The Nagaland Gazette, Part-V November 30, 2024
Provided that wIre i-e the question which has arisen is as to whetlret
the Chairperson of an Urban Local Body has become subject to such
disqualifIcation, the qtlestion shall be referred for the decision of such
member of the Council as the Council may eiect itt this behalf and his/her
decision shall be final
.5 Rules – ( 1 ) The Chairperson of the Urban Local Body concerned may
lrrake ru ies, subject to the approval of the State Government, for giving
effect to the provisions of this Act and ill particular a11d \vithotK prejudice
to the generality of the foregoing, st ICh rules nray provide for :-
(a) the nraintenance of Registers or otller records as to the political
party, if any, to which different nlenrbers of the Council belong;
(b) fIle repo II \v}ricl1 the leader of a political paITy in relation to a
lrlelrlber of the Council sIla it furnish with regard to a condOIlation
of the nature referred to in section 2(b) in respect of such lnernber,
the time within which and the Autllority to wIl<)in such report shall
be furnislred;
(c) the report which a political patty shall furnish with regard to
admission to such political paID' of any members of the Council
and the ofTlcer of the Council to whonr such report shall be
funlished;
(d) the procedure for deciding any question referred to in section 4
i11cl u(ling the procedure for any iirqujl}’ which may be made for the
purpose of deciding such question:
(2) The I'tIles lnade by the Chairpersoll of the Urbalr Local Body shall
be publicised for the ink)rnration of all !members of the Council and
shall conn into effect from the date of such publication.

November 30, 2024 The Nagaland Gazette, Part-V
S’l'ATEMEINT OF OBJECTS AND REASONS
73
Taking into consideration, the expectations and aspirations of
the people of the State, the bill to be known as Disqualification on
Ground of Defection in Urban Local Bodies, Bill, 2024 is hereby
proposed through this bill.
Sd/-
NEIPHIU RIO
Hon’ble Chief Minister of Nagaland
and F\linister in charge of
Urban Development & Municipal Affairs Department
KOH IMA
August 22, 2024

W The Nagaland Gazette, Part-V November 30, 2024
DISQUALIFICATION ON GROUND OF DEFECTION IN
URBAN LOCAL BODIES, BILL, 2024.
(As passed by the Nagaland Legislative Assembly on the 29th August, 2024)
This Bill was passed by the Nagaland Legislative Assembly on 29.08.2024.
Sd/-
SHARINGAIN LONGKUMER
SPEAKER
Nagaland Legislative Assembly
Kohima,
The 29-08-2024
I assent to this Bill
Sd/-
LA GANESAN
GOVERNOR
Kohima,
The 19-10-2024

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