MIZORAM MUNICIPALITIES ACT, 2007
To provide for the administration of town areas and to establish municipalities in towns, transitional areas and urban areas in Mizoram.
Whereas it is expedient and necessary to provide for the administration of town areas viz. transitional areas and urban areas and to introduce municipalities in Mizoram for the purpose of bringing them in conformity with the purpose, substance and direction 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's participation in managing their own affairs besides importing certainty, continuity, democratic content and dignity, aiming among other things at the realization of economic and social justice.
Be it enacted by the Legislative Assembly of Mizoram in the Fifty-eighth Year of the Republic of India
(1) This Act may be called the Mizoram Municipalities Act, 2007.
(2) It shall extend to the whole of the State of Mizoram except the area which has been or may hereafter be declared as, or included in a Panchayat or a Village Council under the Provisions of any law in force in Mizoram, but shall not extend to the Mizoram Tribal Areas, as referred to in PART III of the paragraph 20 of the Sixth Schedule of the Constitution.
(3) It shall come into force on such date or dates and in such area or areas as the State Government may, by notification, appoint.
In this Act, except where the context otherwise requires:
(1) "annual valuation" means annual value and includes determination of annual value where the context so requires.
(2) "assembly constituency" means the Constituency of the Legislative Assembly of Mizoram.
(3) "bakery or baking house" means any place where bread, biscuits, confectionery and such other things are baked for the purpose of sale.
(4) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by a Municipality and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations, rules or bye-laws made there under.
(5) "building" means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wa
(1) The Governor may, by notification and by such means as he may determine, declare his intention to constitute any transitional area or any smaller urban area or any larger urban area together with any village, building or land contiguous thereto to be specified in the notification, a municipal area under this Act.
(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 population not less than fifty thousand.
(iii) "a larger urban area" is an urban area having a population not less than three lakhs.
(2-A) Provided that a Municipality under the section may not be constituted in such urban area or part thereof as the Governor may, h
(1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the local area concerned.
(2) A copy of the notification shall also be pasted up in a conspicuous place in the office of the District Magistrate and in such other public places as the State Government may direct.
Any inhabitant of the town or local area in respect of which the notification has been published under Section 3 may, if he objects to anything contained in the notification, submit his objection in writing to the Governor2 within one month from the date of publication in the Official Gazette and the Governor2 shall take his objection into consideration on merit and decide one way or other in a reasoned order.
__________________________________
2. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
On the expiry of three months from the date of publication of the notification in the Official Gazette and after consideration of all or any of the objections which may be submitted, the Governor may, by notification, constitute such area or any specified part thereof a municipal area under this Act.
For the purpose of application of the provisions of this Act in any notified area under Section 6, as the State Government may by separate notifications, determine, there shall be:
(a) a Municipal Board for a specified transitional area.
(b) a Municipal Council for a smaller urban area.
(c) a Municipal Corporation for a larger urban area.
Provided that a Town3 having a population less than ten thousand4 shall not be barred from being specified as a transitional area.
__________________________________
3. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
4. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
The State Government may, by notification, determine the number of wards in any municipal area, having regard to population, dwelling pattern, geographical condition and economic considerations of the area included in each ward:
Provided that the number of wards in any municipal area shall be:
(a) in the case of a municipal board, not less than five but not more than nine.
(b) in the case of a Municipal Council, not less than eleven but not more than twenty three.
(c) in the case a Municipal Corporation, not less than fifteen but not more than thirty-one.
The State Government may, by notification:-
(a) withdraw any municipal area from the operation of this Act.
(b) exclude from a municipal area any local area comprised therein and defined in the notification.
(c) include within a municipal area any local area contiguous to the same and defined in the notification.
(d) divide any municipal area into two or more municipal areas.
(e) unite two or more municipal areas so as to form one municipal area.
(f) revise the boundary of two or more contiguous municipal areas.
(g) re-define the boundaries or limits of a municipal area:
Provided that the procedure laid down from the constitution of a municipal area under this Act shall be followed mutatis mutandis in each case:
Provided further that the views of the Municipalit
(1) The State Government may, by notification and for reasons to be recorded in writing, exempt any municipal area or municipal areas of any classification from the operation of any of the provisions of this Act considered unsuited thereto and thereupon the said provisions shall not apply to such municipal area or municipal areas until such provisions are applied thereto by notification.
(2) While the exemption as aforesaid remains in force, the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions of this Act from the operation of which the municipal area or municipal areas as aforesaid are exempted.
The Municipal authorities charged with the responsibility of carrying out of the provisions of this Act for each municipal area shall be:
(a) the Municipality.
(b) the Executive Council.
(c) the Chairman.
(1) The Municipality established for a transitional area or a smaller urban area, a larger urban area within the meaning of sub-section (2) of Section 3 shall mean the Board of Councillors charged with the authority of the municipal government of such area and shall consist of:-
(a) Such number of elected councillors as1 there are wards within the municipal area.
(b) The member of the House of the People and the members of the Legislative Assembly of the State representing the constituencies comprising wholly, partly of 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.
(2) The Municipality shall be a body corporate by its name having perpetual succession and common seal and shall, subject to any restriction and qualification imposed by or under this A
(1) The councillors elected in a general election or a by-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).
(b) before the expiry of the period 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.
(1) There shall be an Executive Council consisting of the Chairman, the Vice-Chairman and other members not exceeding, in the case of a Municipal Board, two, in the case of a Municipal Council, three and in the case of a Municipal Corporation, four.
(2) 1The other members referred to in sub-section (1) shall be nominated by the Chairman from amongst the Councillors of the Municipality as soon as possible after he enters into office and shall assume office after taking oath of secrecy under Section 50.
(3) All executive powers of the Municipality shall vest in the Executive Council.
(4) The manner of transaction of business of the Executive Council shall be such as may be prescribed.
(5) The Executive Council shall be collectively responsible to the Municipality.
__________________________________
1. As amended vide GOM N
(1) The Chairman shall be the executive head of the Municipality and the municipal administration shall be under his control.
(2) The Chairman shall allocate the business among the members of the Executive Council.
(3) The Chairman shall preside over the meetings of the Executive Council as well as the Board of Councillors.
(4) The Chairman may transact any business or make any order authorized by any law for the time being in force, unless it is otherwise expressly provided in such law.
Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councillors.
(1) 1The Chairman and the Vice Chairman shall be elected by the elected Councillors from among themselves in accordance with such procedure as may be prescribed.
(2) 2In 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 case may be.
(3) In the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise, the Board of Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy.
(4) In the case of casual vacancies in the offices of both the Chairman and the Vice-Chairman caused by death, resignation, removal or otherwise, the State Government may appoint by name one of the Councillors
(1) The Chairman shall cease to hold office if he ceases to be a Councillor of the municipal area.
(2) The Chairman may, at any time, by giving a notice in writing to the Board of Councillors, resign his office and the procedure for acceptance or otherwise of the resignation shall be such as may be prescribed.
(3) The Chairman may be removed from office by a resolution carried by a majority of the total number of elected Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed upon a requisition made in writing by not less than one-third of the total number of elected Councillors and the procedure for the conduct of business in the special meeting shall be such as may be prescribed:
Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Chairman and if such resolution
(1) The Vice-Chairman shall, in the absence of the Chairman, preside over the meetings of the Executive Council as well as the Board of Councillors.
(2) The Vice-Chairman shall, during the absence of the Chairman for any reasons whatsoever, discharge all the duties and exercise all the powers, of the Chairman unless otherwise expressly directed by the Chairman.
(3) The Vice-Chairman shall, at any time, perform such other duty or exercise such other power as may be delegated to him under the provisions of this Act.
(4) 1The procedure adopted for the removal of Chairman as provided under this Act shall be adopted in the case of Vice Chairman.
______________________________
1. Added vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
The members of the Executive Council 'shall exercise such powers and perform such functions as the Chairman may assign to them from time to time.
(1) The Board of Councillors may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Executive Councilor the Chairman.
(2) The Executive Council may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman or a member of the Executive Council.
(3) Subject to such resolution as may be made by the Executive Council in this behalf, the Chairman may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Vice-Chairman or to a member of the Executive Councilor to the holder of any of the posts of officers referred to in sub-section (1) of Section 61.
(4) Notwithstanding anything contained in this section, the Executive Council, the Chairman, the Vice-Chairman, a member of the Executiv
21. 1Term of Office of Members of Executive Council - A members of the Executive Council shall hold office until:-
(a) he ceases to be Councillor.
(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.
(c) he is removed from office by a written order of the Chairman.
(d) the Chairman ceases to hold office.
(e) in the case of the death of Chairman, a newly elected Chairman enters upon his office.
__________________________________
1. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
A Councillor shall hold office for a period of five years from the date of the first meeting of the Board of Councillors, but a Councillor elected to fill a casual vacancy shall hold office for the remaining period of the term, unless:
(a) the Board of Councillor is dissolved earlier.
(b) he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Councillors at a meeting in which case the resignation shall take effect from the date of its acceptance.
(c) he is elected as member of Legislative Assembly or member of Parliament.
(1) 2(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) 3[* * *]
(3) 4The 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) 5[* * *]
__________________________________
2. Substituted vide GOM Notification No. H-12018/120/0
(1) The Board of Councillors may, from time to time, appoint a Special Committee to perform such specified functions, or conduct such enquiries, or undertake such studies including reports thereon, as may be contained in a resolution in this behalf.
(2) Any person who is not a Councillor but possess special qualifications useful for the purpose of a committee as aforesaid may be associated therewith as its member.
(3) The manner of transaction of business in a Special Committee shall be such as may be laid down by the Board of Councillors.
(1) The State Government may, if it considers necessary so to do, appoint a Joint Committee for more than one Municipality, or for one or more Municipalities with other local authority or authorities for any purpose in which they are jointly interested or for delegating to it any power or function which calls for joint action.
(2) The Joint Committee shall consist of the following members:
(i) two nominees of each constituent Municipality or local authority.
(ii) one nominee of each of the concerned Departments of the State Government or of the concerned Municipalities or of the concerned local authority.
(iii) such expert or experts as the State Government may nominate.
(iv) Director of Local Bodies who shall also act as a convener of the Committee.
(3) The procedure of transaction of business by a Joint Committee shall be suc
(1) A general election of the councillors shall be completed:-
(a) for the purpose of constituting new municipality, as soon as may be, but not later than one year after the publication of the notification under Section 6.
(b) for the purpose of subsequent general election, before the expiry of the term of office of councillors under Section 22.
(c) for reconstituting a municipality on the dissolution of a municipality, within six months of the date of its dissolution.
(2) Each ward of a municipal area shall elect a councillor during the general election.
(3) The names of all elected councillors shall be published in the official gazette soon after the results are declared. The names of the appointed members under clause (b) of sub-section (1) of Section 12 shall be published in the official gazette so after the appointment is made.
The superintendence, direction and control of the preparation of the electoral rolls for and conduct of, all elections to the Municipalities shall vest in the State Election Commission which shall perform its functions in accordance with this Act and such rules as the State Government may make from time to time.
(1) For every municipal ward, there shall be an electoral roll showing the names of persons qualified to vote.
(2) The electoral roll for every municipal ward may be divided into several parts for different localities within the ward.
(3) The electoral roll for a municipal ward shall be prepared, revised or corrected by the State Election Commission in accordance with the provision of this Act and such rules as may be made by the State Government in this behalf:
Provided that there shall be a preliminary publication of such electoral roll after preparation or revision, to be followed by final publication after disposal of claims and objections in the manner prescribed:
(1) Every person who:-
(a) is not less than 18 years of age on the qualifying date.
(b) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area.
(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.
(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other municipal area, municipal corporation or panchayat area.
Explanation I - The expression "qualifying date" means the first day of January of the year in which the electoral roll is prepared.
Explanation II - The expression "ordinarily resident" shall have the same meaning as assigned to it in Section 20 of the Representation of
The disqualification for registration in an electoral roll for a municipal area shall be the same as provided in Section 16 of the Representation of the People Act, 1950 (43 of 1950).
31. 1Appeal - Any person aggrieved by any order of the Municipal Electoral Registration Officer with regard to any entry in, 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.
__________________________________
1. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
(1) Every person who by claiming a qualification, which he knows that he does not possess, to vote at a municipal election or by using a false document or by a false declaration or by any other deceitful means, procures or attempts to procure the improper entry of the name, whether of himself or of any other person, in the electoral roll or the improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
(2) Every municipal officer or employee or polling officer who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included.
No person whose name is not included in the electoral roll for the election of Councillors of a municipal area, shall be qualified to be elected a Councillor of that municipal area.
(1) A person shall not be eligible for election or appointment as a Councillor if such person:-
(a-h) 1[* * *]
(i) is so disqualified by or under any law for the time being in force for the purpose of election to the State Legislature or if he is disqualified under any law made by the State Legislature for this purpose.2
(2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonment for a period of not less than two years, such person shall not be eligible for election or appointment as a Councillor for five years from the date of expiration of the sentence.
(3) If any question arises as to whether any person or any Councillor has become subject to any of the disqualifications mentioned in sub-section (1) and sub-section (2), the question shall be referred for decision to such authority and in such manner as ma
(1) Where a person elected to be a Councillor was not eligible for such election on account of any disqualification referred to in Section 34 or Section 35 or where a person incurs such disqualification subsequent to his election as Councillor, the election of such person shall be void upon the State Government making a declaration to that effect:
Provided that no such declaration shall be made if the question of such disqualification was on account of his election petition presented under this Chapter.
(2) No act done by a Councillor as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently.
(3) The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.
The manner of holding elections and of voting shall be such as may be prescribed:
Provided that:-
(i) when a poll is taken at any election of a Councillor, the voting at such election shall be by ballot or Electronic Voting Machine to be conducted in the manner prescribed.1
(ii) no person shall be entitled to give more than one vote to anyone candidate.
__________________________________
1. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of Section 123 of the Representation of the People Act, 1951 (43 of 1951).
Whoever commits an offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both.
(1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter:-
(a) except on the complaint of a person whose name is on the electoral roll.
(b) unless such complaint has been made within fourteen days of:-
(i) the date of declaration of the result of any election to which the offence relates.
(ii) the date on which the offence is alleged to have been committed.
(c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees:
Provided that deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if, for any other reason, the Magistrate or the Court of Sessions so directs.
(2) An appeal shall lie to the Court of Sessions from any convict
Every person convicted of an offence under this chapter shall be disqualified from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councillor under this Act for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.
(1) If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration of the result of the election, file a petition before the District Magistrate of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security for the cost likely to be incurred:
Provided that the validity of such election shall not be called in question in any such petition:-
(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll.
(b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll:
Provided further that if only two candidates contested such election, the petitioner may, i
If the District Magistrate, after holding such inquiry as he deems fit in respect of an election petition, is satisfied that:-
(a) a candidate has committed any corrupt practice within the meaning of this Chapter.
(b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made there under.
(c) the result of the election has been vitiated by any offence punishable under this Act or any law for the time being in force he shall set aside the election of such candidate and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of a fresh election caused by such setting aside:
Provided that if the District Magistrate in setting aside the election holds a candidate guilty of any corrupt practic
(1) If the election petition is confined to the question of validity of votes cast or counting, the District Magistrate shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
(2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Magistrate may, while deciding upon the election petition, declare such candidate duly elected.
(3) If after computation, there be an equality of votes, among two or more candidates, the District Magistrate shall select one among them by drawing lots.
(4) If the District Magistrate is satisfied that no ground exists for setting aside the election or modifying the result thereof, he shall confirm the election.
Save as provided in this Chapter, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.
If an election is set aside by the District Magistrate, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as a casual vacancy.
Where a candidate, who has been elected to be a Councillor, is declared by the District Magistrate to have not been duly elected, no act done by him by virtue of the office of Councillor before such declaration, shall be invalidated by reason of such declaration.
Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on a candidate from contesting an election to a Municipality if, in its opinion, the offence does not involve moral turpitude, or may reduce the term of disqualification in any case whatsoever
(1) Notwithstanding anything contained in the Indian Oath Act, 1873 (10 of 1873), every. person who is elected or appointed to be a Councillor shall, before assuming his office, make and subscribe before a District Magistrate in whose jurisdiction the Municipality is situated, or any Executive Magistrate authorized by the District Magistrate in this behalf, an oath or affirmation of his allegiance to the Constitution of India according to the form set out for the purpose in the Second Schedule.
(2) Any person who, having been elected or appointed a Councillor, fails to make and subscribe, within three months of the date on which his term of office commences, shall cease to hold his office and his seat shall be deemed to have become vacant:
Provided that the State Government may, for reasons to be recorded in writing, extend the above period of three months by such period as it thinks fit.
(1) The Chairman, the Vice-Chairman and a member of Executive Committee shall assume office after taking the oath of secrecy according to the form set out for the purpose in the Third Schedule.
(2) The oath of secrecy shall be administered by the District Magistrate or any other Executive Magistrate authorized on this behalf by the District Magistrate in whose jurisdiction the Municipality is situated.
(1) The first meeting of the Board of Councillors after the general election of Councillors to the Municipality shall be convened by the District Magistrate or any other Executive Magistrate authorized in this behalf by the District Magistrate in whose jurisdiction the Municipality is situated, for subscribing and taking oath or affirmation of allegiance to the Constitution under Section 49 and for election of the Chairman under sub- section (1) of Section 16.
(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 26.1
(3) Seven days notice shall be given for the meeting.2
_________________________________
1. Substituted vide GOM Notification No. H-1201
(1) The Board of Councillors shall meet not less than once in every month for the transaction of business:
Provided that if there is no business to be transacted at any monthly meeting, the Chairman shall give notice of the fact to Councillors.
(2) The Chairman shall, upon a requisition in writing by not less than one-third of the members of the Board of Councillors, convene a meeting of the Board.
(3) All matters required to be decided at a meeting shall be determined by the majority of votes of the Councillors present and voting.
(4) The State Government may by rules provide for such other matters relating to conduct of business of the Board of Councillors as are not provided in this Act.
(1) The quorum necessary for the transaction of business at any meeting of a Municipality under this Act shall be one-third of the total number of Councillors of the Municipality.
(2) If at any time during a meeting of the Municipality there is no quorum, it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting if there had been a quorum, shall be brought before and may be transacted at, an adjourned meeting, whether there is a quorum or not.
(4) All matters required to be decided by the Municipality at a meeting shall, save as otherwise provided in this Act, be determined by a majority of the members of the Municipality present and voting at such meeting.
(1) Minutes of the proceedings at each meeting of a municipality or committee shall be drawn up and recorded in Mizo language in a book to be kept for the purpose and shall be signed by the Chairman or the Vice-Chairman who presided over such meeting and shall be published in such manner as the State Government may from time to time direct and shall at all reasonable times and without charge, be open to the inspection of any Councillor or any person who is authorized by the State Government in that behalf.
(2) A copy of every resolution passed by Municipality at a meeting shall, within three days of the date of the meeting, be forwarded to:-
(a) the District Magistrate of the District.
(b) each Councillor of the Municipality.
(c) such officer or authority appointed by the State Government for the purpose of inspecting or superintending the operation of the municipal area.
The Councillors of the municipal area including the members of the Executive Council may receive such remuneration or allowance as may be prescribed:
Provided that different rates may be prescribed for different groups of municipalities and for different classes of functionaries in each municipality.
(1) Every municipality subject to the control and approval of the State Government, shall make regulations as to:
(a) the time and place of its meetings, the business to be transacted at meeting and the manner in which notice of meetings shall be given.
(b) preserving order and the conduct of proceedings at the meetings, the due record of all dissents and discussions and the adjournment of meetings and the powers which the Chairman or in his absence Vice-Chairman may exercise for the purpose of enforcing his decision on points of order.
(c) the custody of the common seal and the purposes for which it shall be used.
(d) the division of duties amongst its members and constitution and procedure of Committees.
(e) delegation of powers, duties or functions of the municipality and the powers to be exercised by the Chairman or Vice-Chairman or councillors of of
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 ame
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.
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 57, Section 58 and Section 59:
(a) promote the undertaking of any project for supply of Urban environmental infrastructure or services by participation of a 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 j
(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.
(k) Supply-Operate-Transfer Agreement.
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.
(b) enter into any private sector participation agreement.
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to a Municipality any such functions and duties relating to Government under any law which the State Legislature is competent to enact, or which is otherwise within the executive power of the State and appear to relate to matters arising within a municipal area being of an administrative character and shall, on such transfer, allot to the Municipality such fund and personnel as may be necessary to enable the Municipality to discharge the functions and duties transferred.
(2) [Deleted]
(3) Where any function or duty under any law is so transferred, such law shall have effect as if this section has formed a part of such law and thereupon such law shall be deemed to have been amended acco
Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may, if it is of opinion that it is necessary so to do in the public interest, transfer, with the prior approval of the State Government, any function or functions of the Municipality under the Act to the State Government or to organization, including a Government organization in such manner and on such terms and conditions, as may be prescribed.
Explanation - "Government organization" shall mean an organization maintained or managed by the State Government:
Provided that such transfer of function or functions of the Municipality to such organization shall not absolve the Municipality from the responsibility of carrying out the provisions of this Act in relation to the function or functions as transferred.
(1) Save as otherwise provided in this Act, a municipal corporation 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.
(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.
(2) A Municipal Board may have anyone or more of officer mentioned at sub-sec
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 offic
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.
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.
(1) All officers and employees of a Municipality including the officers referred to in Section 61 shall receive salaries and allowances out of the Municipal Fund:
Provided that the State Government may make such contribution towards the salaries and allowances as it may, from time to time, determine by an order.
(2) The Municipality may also provide for pension, gratuity, provident fund, incentive, bonus, reward or penalty for its officers and employees in accordance with such rules, norms, scales and conditions as may be prescribed.
All officers and employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed.
(1) Notwithstanding anything contained in this Chapter or elsewhere in this Act or in any rules made there under, a municipal officer or other employee shall retire from service compulsorily with effect from the afternoon of the last date of the month in which he attains the age of fifty eight years or other age of years as the State Government may by a notification fix from time to time.
(2) No municipal officer or other employee shall be re-employed after retirement in any post without the prior sanction of the State Government.
Notwithstanding anything to the contrary contained in any other law for the time being in force, the Board of Councillors may, with the sanction of the State Government, declare any cadre or class of municipal employees to be in essential service and upon such declaration, no employee of such cadre or class shall withdraw from his duties without the permission of the Chairman and, in no case, without giving prior notice of clear thirty days to the Chairman of his intention so to do.
Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of Municipalities as Executive Officer, Health Officer, Engineer, Finance Officer or other officer or employee referred to in sub-section (1) of Section 61 or with such designation as the State Government may consider necessary, in such manner and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne by the State Government:
Provided that the officer so appointed shall be under the administrative control of the Board of Councillors of the Municipality and may be withdrawn by the State Government suo-motu or if a resolution to that effect is passed by the Councillors at a meeting called for this purpose by
(1) The Executive Officer shall be the principal executive officer of the Municipality and all officers and other employees of the Municipality shall be subordinate to him. He may be required to be present at a meeting of the Councillors or of any committee by the Chairman to make a statement or to explain facts, but he shall not vote for or against, or make any proposition at such meeting.
(2) Subject to the supervision and control of the Chairman, the Executive Officer and the Finance Officer shall exercise such powers and perform such functions as may be notified by the State Government from time to time.
(1) The Chairman shall be the executive head of the municipal administration and shall exercise control over all officers and employees in the matter of discipline.
(2) The Chairman may delegate his power to any other member of the Executive Councilor an officer of the Municipality in such manner as he may specify by an order.
(3) Subject to the provision of sub-section (5) the punishment for breach of discipline may include dismissal from service, reduction in rank, withholding of increment, suspension including suspension pending proceedings, fine and censor.
(4) In all disciplinary matters involving dismissal from service and reduction in rank, an appeal shall lie before the Board of Councillors, which shall be the appellate authority.
(5) No disciplinary action shall be taken by a Municipality against any officer borne in cadre of common municipal service for the State con
[* * *]1
_______________________________
1. Deleted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
There shall be constituted for each Municipality a fund to be called Municipal Fund to be held by the Board of Councillors in trust for the purposes of this Act and all moneys realized or realizable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.
All moneys received on account of the Municipal Fund shall be paid into a Government treasury or into any bank in the municipal area and shall be credited to any account to be called the account of the Municipality to which they belong:
Provided that the Executive Council may invest moneys not required for immediate use, either in Government securities or in any other form of security which may be approved by the State Government or in fixed deposit in the State Bank of India or in any nationalized bank or Co-operative Bank, or in any other form as the State Government may direct.
(1) All moneys credited to the Municipal Fund from time to time shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made thereunder or for payment of all sums payable out of the Municipal Fund under any other law for the time being in force.
(2) No payment for any sum shall normally be made out of the Municipal Fund unless such expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available for the purpose.
(3) Whenever any sum is paid for the purposes not covered by the budget grant, the matter shall forthwith be communicated to the Executive Council which shall take such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payments.
Notwithstanding anything in this Act, the State Government may require a Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head or any percentage thereof, or any share of tax receivable by the Municipality under any other law for the time being in force or any part thereof, to be utilized exclusively for any specified purpose and it shall be mandatory on the part of the Municipality to follow the same.
(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 ai
(1) The State Government may, from time to time, give grant or financial assistance to a Municipality with or without direction as to the manner in which the sum shall be applied.
(2) The State Government may also lay down a pattern for distribution of such grants or assistance which may include the conditions of release of grants and classification of municipalities for the purpose.
(1) A Municipality may, with the prior permission of the State Government, obtain loan from any public financial institution or any nationalized bank or such other lending institution as the State Government may approve in this behalf and the State Government may, if it considers so necessary, stand as the guarantor for payment.
(2) The State Government may advance from the public funds or stand as guarantor for funds for any financial institution on the security of the Municipal Fund and, in the case of a joint scheme, on the security of the Municipal Fund and the fund of other local authorities, if any, to provide for the cost of installation or maintenance relating to any project or scheme for civic services and such advance shall recoverable under such rules, as may be made by the State Government for the purpose.
(3) The State Government may require the Municipality to observe such financial discipline in the matter
Notwithstanding anything contained elsewhere in this Chapter, the Board of Councillors may, with the approval of the State Government, authorize expenditure to be incurred beyond the limits of a municipal area for creation of physical assets outside the limits of such municipal area as well as for maintenance thereof for carrying out the purposes of this Act.
The Board of Councillors shall, for the purposes of this Act, have power to acquire by gift, purchase or otherwise and hold, moveable and immovable property or any interest therein, whether within or outside the limits of the municipal area.
Notwithstanding anything contained in any other law for the time being in force, the moveable and immovable properties of the following categories within the limits of a municipal area shall vest in the Municipality, unless the State Government otherwise directs by a notification in the Official Gazette:
(a) all vested public lands not belonging to any Government department or statutory body or corporation.
(b) all public tanks, streams, reservoirs and wells.
(c) all public markets and slaughter houses.
(d) all public sewers and drains channels, tunnels, culverts and watercourses in, alongside, or under, any street.
(e) all public streets and pavements, stones and other materials thereof and also trees on such public streets or pavements not belonging to any private individual.
(f) all public parks and gardens, including squares an
(1) The Board of Councillors may, on such terms and conditions as may be approved by it, acquire by agreement:-
(a) any immovable property.
(b) any easement affecting immovable property.
(2) The Board of Councillors may also acquire a property by exchange on such terms and conditions as may be approved by it.
(3) The Board of Councillors may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time.
(4) The Board of Councillors may receive, on behalf of the Municipality, any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which any obligatory or discretionary function of the Municipality may be benefited.
(5) It shall be lawful for the Municipality to be the beneficiary of any trust created under the Charitable and R
(1) When any land, whether within or outside the limits of a: municipal area, or any easement affecting any immovable property vested in the Municipality, is required for any public purpose under this Act, the State Government may, at the request of the Board of Councillors, proceed to acquire it under the Land Acquisition Act, 1894 (1 of 1894).
(2) The Board of Councillors shall be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894.
Whenever the Board of Councillors makes a request to the State Government for acquisition of land for the purpose of providing a new street or for widening or improving an existing street, it shall be lawful for the Board of Councillors to apply to the State Government for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street and such additional land shall be deemed to be required for the purposes of this Act.
The property belonging to a Municipality may be disposed of in the manner provided in this section, namely:
(a) the Executive Council may sell or grant lease of, or otherwise dispose of, by public auction, any movable property belonging to the Municipality.
(b) the Board of Councillors may, with the prior approval of the State Government, may, for valuable consideration, let out on hire, grant lease of, or sell or otherwise transfer, any immovable property belonging to the Municipality but not required for carrying out the purposes of this Act:
Provided that the State Government may by rules prescribe the mode of such sale and specify the value which, if it increases by way of consideration, shall require the prior approval of the State Government in this behalf.
(c) the Municipality shall not transfer any immovable property vested in it by virtue of this Act, but shall caus
(1) The Executive Council shall maintain an inventory of the movable and immovable properties of the Municipality in such form and in such manner as may be prescribed.
(2) The Executive Council shall, in case of the inventory of an immovable property, prepare an annual statement along with references therein and place the same before the Board of Councillors.
(3) Such statement shall be included as an appendix to the annual administration report to the Municipality.
(1) The budget estimate of a Municipality for a year shall be prepared in the prescribed form and presented before the Board of Councillors at a meeting, specially convened for the purpose, not latter than the tenth day of March every year:
Provided that no deficit shall be shown in the budget estimate so prepared.
(2) The budget estimate for the ensuing year shall be adopted after discussion by the Board of Councillors within two weeks of presentation.
(3) A copy of the budget estimate adopted by the Board of Councillors shall be sent to the Director of Local Bodies of the Government of Mizoram for information and shall be available for inspection by the members of the public in the manner prescribed.
(4) A revised budget for the current year shall be framed in the prescribed form during the middle of the year and presented before the Board of Councillors for adoption after
(1) The Board of Councillors may, on the recommendation of the Executive Council, from time to time during the year:-
(a) increase or reduce the amount of any budget grant under any head.
(b) make additional provision in the budget to meet any special or unforeseen requirement arising during the same year.
(c) transfer any amount or a portion of any amount of the budget grant under any head to the account of the budget grant under any other head.
(2) Every addition or alteration made in the budget grant under sub-section (1) for any year shall be deemed to be included in the budget estimate finally adopted for that year.
(1) Within three months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner prescribed and presented before a meeting of the Board of Councillors.
(2) A copy of the financial statement shall be given to the Director of Local Bodies of the Government of Mizoram and shall be available for inspection by the members of the public in the manner prescribed.
(3) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, extend the date for presentation of the financial statement of a Municipality for reasons to be recorded in writing.
(1) Every Municipality shall cause to be prepared annually a balance-sheet of assets and liabilities in the prescribed form within six months of the close of a year.
(2) The balance-sheet shall be placed before a meeting of the Board of Councillors.
(3) A copy of the balance-sheet shall be given to the Director of Local Bodies of the Government of Mizoram.
(4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, extend the date of preparation and presentation of the balance-sheet of a Municipality for reasons to be recorded in writing.
(1) The municipal accounts as contained in the annual financial statement shall be examined and audited by an Auditor appointed in that behalf by the State Government.
(2) The Executive Council shall submit such further accounts to the Auditor as may be required by him.
(3) The Auditor so appointed may:
(a) require, by written notice, the production before him or before any officer subordinate to him of any document which he considers necessary for the proper conduct of the audit.
(b) require, by written notice, any person accountable for, or having the custody or control of, any document, cash or article to appear in person before him or before any officer subordinate to him.
(c) require any person so appearing before him to make or sign a declaration with respect to such document, cash or article or to answer any question or prepare and submit any stat
(1) As soon as practicable after the completion of the audit, but not later than three months thereafter, the Auditor shall prepare the report on the accounts audited and examined and shall send such report to the Chairman and a copy thereof to the Director of Local Bodies of the Government of Mizoram or such other officers as the State Government may direct.
(2) The Auditor shall include in his report a statement showing:
(a) every payment which appears to him to be contrary to law.
(b) account of any deficiency or defalcation or loss which appears to have been caused by the gross negligence or misconduct of any person.
(c) the account of any sum received, which ought to have been, but have not been, brought into any account by any person.
(d) any other material impropriety or irregularity which may be observed in the accounts.
(1) The Executive Council shall forthwith remedy any defect or irregularity that may be pointed out by the Auditor in his audit report and shall report to the Director of Local Bodies of the Government of Mizoram or such other officers as the State Government may direct:
Provided that if there is a difference of opinion between the Executive Council and the Auditor, the matter may be referred to the Board of Councillors and, if the difference still persists, to the Director of Local Bodies of the Government of Mizoram or to such other officer as the State Government may direct.
(2) The State Government may pass such order upon the audit report as it thinks fit for compliance by the Municipality.
If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such steps as it thinks fit to secure the compliance of the order and direct that all expenses therefore shall be defrayed from the Municipal Fund.
In addition to the audit of annual accounts, the State Government may, if it thinks fit, appoint an Auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination and the procedure relating to audit shall also apply mutatis mutandis to such special audit.
The State Government may by rules provide for internal audit of the day to day accounts of a Municipality in such manner as it thinks fit.
(1) The Board of Councillors shall, at the first meeting in each year or as soon as may be at any meeting subsequent thereto, constitute a Municipal Accounts Committee.
(2) The Municipal Accounts Committee shall consist of such number of Councillors, not being less than three and not more than five, as the Municipality may determine, to be elected by the Councillors from amongst themselves:
Provided that the Chairman, the Vice-Chairman or any other member of the Executive Council shall not be a member of the Municipal Accounts. Committee.
(3) The Board of Councillors may, from time to time, associate with the Municipal Accounts Committee such persons having special knowledge in public accounts and administration, not being Councillors and not exceeding one-half of the number of Councillors in such Committee and for such term, as it thinks fit. Such persons shall not have the right to vote at the me
(1) All public streets, bus or taxi stands or other parking or transportation terminals, squares, parks and gardens within the municipal area including the soil, subsoil, side drains, footpaths, pavements, stones and other materials and all erections, materials and trees provided therein shall vest in the Municipality.
(2) The State Government may, for reasons to be recorded in writing, by notification withdraw from a Municipality any public street, square, park or garden, or transportation terminal and transfer the same for a limited period to any other agency for development or maintenance thereof in the public interest.
(3) The Chairman shall maintain a record in such form and in such manner as may be prescribed showing a list of all public streets, parking or transportation terminals, squares, parks and gardens and other properties vested in the Municipality including those transferred to other agencies under sub-sect
(1) All public streets, parking or transportation terminals, squares, parks and gardens vested in the Municipality shall be under the control of the Board of Councillors who shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made there under.
(2) The Board of Councillors shall, from time to time, cause all public streets vested in the Municipality to be levelled, metalled or paved, channelled, altered or repaired, widened, extended or otherwise improved or cause the soil thereof to be raised, lowered or altered and may place and repair fences and posts for the safety of pedestrians.
(3) The Board of Councillors shall, from time to time, cause various items of street furniture, including guard rails, traffic lights and traffic signs, street markings, median strips and similar other items, to be installed or done for public safety,
Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act, 1910 (9 of 1910) and such other Act as may be notified by the State Government for the purposes of this section, the State Government may by rules provide for the following:
(a) the sanction by the Board of Councillors of specific rights of way in the subsoil of public and private streets within the municipal area for different public utilities, including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto, provided the Government or any statutory body or any licensee under any of the said Acts.
(b) the levy of any fee or charges permissible under any of the said Acts.
(c) the furnishing to the Municipality of maps, drawings and statements which shall
The Chairman shall cause to be maintained complete survey maps, drawings and descriptions of all the underground utilities within the municipal area, in such form and in such manner as may be prescribed and shall ensure the secrecy of the same in conformity with provisions of the Official Secrets Act, 1923 (19 of 1923).
(1) The Board of Councillors may, subject to the other provisions of this Act:
(a) require any land together with structure, if any, standing thereon to be acquired for the purpose of opening, widening, extending or otherwise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing regular line of street.
(b) require in relation to any land or building as aforesaid, such land or building to be acquired as the Board of Councillors may think expedient, outside the regular line or projected regular line of public street as aforesaid.
(2) Where a land or building is required to be acquired under sub-section (1) and the Board of Councillors is satisfied that the remaining portion of the land will not be suitable or fit for any beneficial use to the owner, it shall, at the request of the owner, proceed for the acquisition in addition o
(1) If the Board of Councillors considers it expedient to make regulation for any public street a building- line or a street alignment, or both a building-line and a street alignment, it shall give public notice of its intention to do so.
(2) Every such notice shall specify a period within which objections will be received and a copy of such notice shall be sent by post to every owner of premises abutting on such street who is registered in respect of such premises on the books of the Municipality or the State Government.
Provided that the failure or omission to score such notice on any of the owners shall not invalidate the proceedings under this section.
(3) The Board of Councillors shall consider all objections received within such period as it may fix in this behalf and may then make regulation determining a building-line of a street alignment or both a building-line and a street alignment for
(1) No portion of any building or boundary wall shall be erected or added to within such street alignment as the Board of Councillors may determine by regulation under Section 102:
Provided that the Board of Councillors may, in its direction, permit additions to a building to be made within a street alignment, if such additions merely add to the height of and rest upon, an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest:-
(a) not to claim compensation in the event of the Board of Councillors at any time thereafter calling upon him or such successors, by written notice, to remove any addition made to any building in pursuance of such permission, or any portion thereof.
(b) to pay the expenses of such removal.
(2) If the Board of Councillors refuses to grant the permission to add to any building on
(1) The Board of Councillors may, at any time, give notice to the owner of any land or building of its intention to take possession of:-
(a) any land abutting on a public street upon which any portion of any building or wall projects beyond the front of the adjoining building or wall on either side.
(b) any land not covered by building (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment referred to in Section 102.
(2) The Board of Councillors may come to an agreement with the owner, upon whom a notice under sub-section (1) has been given, to release such land for addition to street on condition of such relaxation in the enforcement of building regulations as the Board of Councillors may decide and thereupon the building-line or street alignment referred to in Section 102 may be enforced.
(1) If any part of a building abutting on a public street is within the regular line of that street, the Board of Councillors may, whenever it is proposed:
(a) to repair, rebuild or construct such building or to pull down such building to an extent measured in cubic metre exceeding one-half thereof above the ground level.
(b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by an order, as respects the additions to or rebuilding, construction, repair or alteration of such building, require such building to be set back to the regular line of such street.
(2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of the Board of Councillors or otherwise, taken down, the Board of Counci
(1) Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Board of Councillors, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, it may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality.
(2) If such owner fails to show satisfactory cause under sub-section (1), the Board of Councillors may require the owner by another notice to be served on him in accordance with the provisions of this Act to pull down the building or part thereof, which is within the regular line of the street, within the period specified
(1) If any building, which abuts on a public street, is in the rear of the regular line of such street, the Board of Councillors may, whenever it is proposed:
(a) to rebuild such building.
(b) to alter or repair such building in such manner as will involve the removal or re-erection of such building or portion thereof which abuts on such street and to an extent measured in cubic metre exceeding one-half of such building or portion thereof above the ground level, by an order, as respects the rebuilding, alteration or repair of such building or portion thereof, permit or require such building to be set forward to the regular line of such street.
(2) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line
The Board of Councillors shall, for any acquisition made under this Chapter, pay compensation as awarded under the Land Acquisition Act 1894 (1 of 1894).
(1) The Board of Councillors may, from time to time, prepare schemes and plans of projected public streets, showing the direction of such street, the street alignment and the building-line on each of them, their intended width and such other details as may appear desirable. The provisions of Section 102 shall, with all necessary modifications, apply to public streets projected under this section.
(2) The width of such projected streets, inclusive of footpath, shall not be less than seven metres:
Provided that:-
(a) the Board of Councillors may, for special reasons, reduce the requirement of width of any projected street.
(b) the Board of Councillors may relax the requirement of width to any extent in case the projected street is, in effect, an widening of an existing street.
(1) The Board of Councillors may, for sufficient reasons:-
(a) prohibit vehicular traffic in any public street or any portion thereof for the purpose of preventing danger, obstruction or inconvenience to the public or ensuring quietness in any locality.
(b) prohibit in respect of all public streets or any particular public street, the transit of any vehicle of such type, form, construction, weight, emission or size, or of any vehicle laden with such heavy or un-wieldy object, as is likely to cause injury to the roadways or ~my construction thereon, or of any vehicle for public convenience, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Board of Councillors generally or specifically in each case.
(c) p
The Chairman may temporary close the whole or any part of a public street to permit development and maintenance work and may, subject to such conditions as may be determined by the Chairman, authorize such closure for other purposes for any period not exceeding a month.
(1) The Board of Councillors may declare a public street or a portion of it, as a fee parking area.
(2) Parking fee may be levied for each hour at such rate and for such types of vehicles parked in different areas or for parking on different categories of streets at different hours of the day, as the Board of Councillors may determine:
Provided that such fee for each hour shall not exceed rupees five in the case of passenger vehicles and rupees ten in the case of goods vehicles.
(1) No person shall put up any platform, veranda, balcony, sunshade, weather-frame or the like to project over any public street without the written permission of the Board of Councillors.
(2) Subject to any rules made by the State Government in this behalf, the Board of Councillors may, in its direction, give to the owners or occupiers of buildings abutting on public streets written permission to erect or re-erect platform, veranda, balcony, sunshade or weather-frame projecting on a public street or drain on such conditions as it may think fit and on payment of such fees or rent as it may, from time to time, fix.
(1) The Board of Councillors:-
(a) may, without notice, itself or by any officer authorized by it in writing in this behalf, remove, alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or set up in, over, above or upon any public street, house-gully, sewer, drain, aqueduct, water-course or ghat.
(b) may, itself or by any officer authorized by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission, been deposited in a public street or in, over, above, or upon any house gully or any public sewer, drain, aqueduct, water-course or ghat, or which remains so deposited, when the period covered by any permission given in this behalf has expired, whether or not the offender is prosecuted
Whoever removes, not being duly authorized in that behalf, any earth, sand or other material form, or makes any encroachment in or upon, any street or open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees and in the case of continuing offence, with further fine which may extend to twenty rupees for every day after the first during which such offence continues
(1) No person shall, without the permission of the Board of Councillors or any other lawful authority, displace, dig up or make any alteration in, or otherwise damage, the pavement, gutter, flags or other materials of any public street, or any street furniture like posts, fences and walls, including lamp-posts, lamps, brackets, water-posts, hydrants and accessories thereto, or any other municipal property on a public street or public place, park, square or garden.
(2) Every person to whom any permission is granted under sub-section (1) shall abide by such conditions as the Board of Councillors may impose in this behalf.
(3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with a fine which may extend one hundred rupees and in the case of a continuing offence, with a further daily fine extending to twenty rupees:
Provided that such person shall, in additi
Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any activity within any land or building (including tank) which exists by the side of such street, drain or property, the Board of Councillors may, by written notice, require the owner or occupier of such land or building to repair the damage and to restore the street, drain or property to its original condition as far as possible within a specified time and it shall be incumbent upon such owner or occupier to comply with it, failing which the Board of Councillors itself may carry out the work of repair or restoration and the expenses thereof shall be recoverable from the owner of the occupier as an arrear of tax under this Act.
(1) It shall be lawful for the Board of Councillors to:
(a) give a name or a number to every public street.
(b) cause to be put up or painted on a conspicuous part of any building, wall or any other place the name or the number by which such street is to be known.
(c) determine the number of sub-number by which any premises or part thereof shall be known.
(d) require the owner of any premises or part thereof by a written notice, to put up a plate showing the number or sub- number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice.
(2) Any person, who destroys, pulls down or defaces any such name or number of a public street or number or sub-number of any premises or part thereof or puts up any name, number or sub-number different from that determined by the Board of Councillors, or any owne
(1) The Board of Councillors may require any owner or owners of land or building within a municipal area to upgrade a private street within such land or building in respect of such items of work and in conformity with such standard as may be prescribed.
(2) If such requirements are not complied with, the Executive Council may cause the execution of the work by its own agency and recover the expenses incurred, either in whole or in part, from the owner or owners, as the case may be.
The Board of Councillors shall have access over any private street for the purpose of the extending civic services or providing civic amenities.
(1) If any private street has been upgraded under Section 119 and the majority of the owners of such street or the owners of lands or buildings on such street express their consent in writing, the Board of Councillors shall declare the same to be a public street.
(2) If a private street has been in existence for not less than twenty years and used by the people of the locality as a thoroughfare, the Board of Councillors may, notwithstanding anything contained in this section, declare such street to be a public street.
(3) If the Board of Councillors decides, for reasons to be recorded in writing, to take over a private street, whether upgraded or not, it may, notwithstanding anything contained in this section, declare such street to be a public street.
(4) Upon a private street being declared by Board of Councillors under sub-section (1) or sub-section (2) or sub- section (3), as the case may be, to
(1) Every person intending to layout or make a new street within a municipal area, shall give notice thereof in writing to the Chairman and shall furnish along with such notice plans and sections showing:-
(a) the intended level, direction and width of the street.
(b) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street.
(c) the position of any public street or streets to which the new street may have an access.
(d) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street.
(e) such other particulars as may be required by regulations, if any, made in this behalf.
(2) Within Sixty days of receipt by the Chairman of the information and the documents hereinafter specified or, if any further information
(1) Before utilizing, selling out or otherwise disposing of any land of building as plots for construction of buildings thereon, the owner thereof shall send to the Chairman a written application with a layout plan of the land showing the street or streets giving access to the plots into which the land may be divided and connections of such street or streets with any existing public or private streets and the following particulars:
(a) the size or sizes and the number of plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used.
(b) the land use pattern depicting reservation or allotment of any site for any street, parking lot, open space, park, recreation ground, school, market any other public purpose.
(c) the intended level, direction and width of street or streets, including footpaths.
The Board of Councillors may:-
(a) take measures for lighting, in a suitable manner, such public streets and public places as may be considered necessary.
(b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the purpose as aforesaid.
(c) cause such lamps to be lighted by such means as may be determined by them.
(d) place and maintain:-
(i) electric wires for the purpose of lighting such lamps under, over, along or across.
(ii) posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon.
(iii) any immovable property without being liable to any claim for compensation thereof:
Provided that such wires, posts, poles, standards, stays, struts,
(1) The Municipality may, on its own or in collaboration with any one, erect plants for generation of electric power, subject to such rules as may be made in this behalf.
(2) Notwithstanding anything contained in this Chapter, all matters relating to generation, transmission, supply or use of electrical energy in a municipal area shall be regulated by the provisions of the Indian Electricity Act, 2003 (Act of No. 36 of 2003).
(1) No person shall, without the written permission of the Chairman or any lawful authority, take away or, wilfully or negligently break or throw down or damage:
(a) any lamp or any appurtenances of any lamp or lamp- post or lamp-iron set up in any public street or any public place.
(b) any electric wire for lighting such lamp.
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence breaks, or causes any damage to, anything referred to in sub-section (1), he shall, in addition to any penalty to which he may be subject under this Act, pay the expenses of repairing the damage so caused by him.
No place of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Chapter and of any rules or regulations made under this Act relating to the use 'of building sites of the construction or reconstruction of buildings:
Provided that the State Government may in respect of all municipal areas or with the consent of the municipality in respect of any particular areas or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this chapter or the said rules.
(1) If any person intends to construct or reconstruct a building he shall sent to the Executive Council:
(a) an application in writing for approval of the site, together with a site plan of the land.
(b) an application in writing for permission to execute the work together with a ground plan, elevations and Sections of the building and specification of the work:
Provided that the Executive Council may on application in writing by the person concerned and on payment of a prescribed fee get such plan prepared within a reasonable period.
Explanation - Building in this sub-section shall include a hut, a wall, foundation, plinth or fence of whatever height bounding or abutting on any public road.
(2) Every document furnished under sub-section (1) shall contain the following particulars and such other particulars as may be required under the rules or regulat
The Executive Council shall not grant permission to construct or reconstruct a building unless and until it has approved of the site on an application made under Section 128.
The construction or reconstruction of a building shall not be begun unless and until the Executive Council has granted permission for the execution of the work.
Within thirty days after the receipt of any application made under Section 128 for approval of a site or for permission to execute any work or of any information or of documents or further information or documents required under rules or bye-laws, the Executive Council shall by written order either approve the site or grant such permission or refuse on one or more of the grounds mentioned in Section 133 to grant it.
(1) If, within the period prescribed by Section 131, the Executive Council has neither given nor refused it approval of a building site or its permission to execute any work, as the case may be, the Board of Councillors shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
(2) If the Board of Councillors does not, within one month from the receipt of such written request, deliver to the applicant an order either granting or refusing such approval or permission such approval or permission shall be deemed to have been given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or regulations made under this Act.
(1) The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely:
(a) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations sections or specifications would contravene some specified provision of any law, or some specified order, rule, declaration or regulation made under any law.
(b) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or regulations.
(c) that any of the documents referred to in Section 128 have not been signed as required under rules or regulations.
(d) that any information or documents required by the Executive Council under rules or regulations has or have not been duly furnished.
A permission given or deemed to have been given in respect of any construction or reconstruction under this Chapter shall be available for one year and after the expiry of the said period, such construction or reconstruction shall not be proceeded with, without a fresh application under Section 128.
(1) If the Executive Council finds that the work:
(a) is otherwise than in accordance with the plans or specifications which have been approved.
(b) contravenes any of the provisions of this Act or any regulation, rule, order or declaration made there under; it may by notice require the owner of the building within a period stated either:-
(i) to make such alteration as may be specified in the said notice with object of bringing work into conformity with the said plans of provisions.
(ii) to show cause why such alterations should not be made.
(2) If the owner does not show cause as aforesaid, the Executive Council shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as it may think fit.
The provisions of this Chapter and of any rules or regulations made under this Act relating to construction and re-construction of buildings shall also be applicable to any alteration thereof or addition thereto:
Provided that works of necessary repair which do not affect the provision or dimension of a building or any room therein shall not be deemed an alteration on addition for the purposes of this section.
(1) If the Executive Council is satisfied:-
(a) that the construction or reconstruction of any building or well:-
(i) has been commenced without obtaining the permission or the Executive Councilor where an appeal has been preferred to the Board of Councillors in contravention of any order passed by the Board of Councillors in appeal.
(ii) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based.
(iii) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or regulation made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or regulations.
(b) that any alteration required by any notice issued under Section 135 have not been duly made.
(c) tha
(1) The Executive Council may, by written notice require the owner of every building abutting on any road or street to put up and keep in good condition, proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging the same, in such manner as the water shall not fall upon the person passing along the road or street, or shall not cause damage to the road or street.
(2) Such trough or pipe should be put up in such a way that an outflow of water from it shall empty into the drain of the building or other drain.
(1) If in the opinion of the Executive Council any building or anything affixed thereon is in ruinous conditions or is likely to fall or is in any way dangerous to any person occupying the building or other building in the neighbourhood, or to any person passing by such building, the Executive Council may, by written notice require the owner or occupier of such building to cause a proper hoarding or fence to be put up for the protection of passers by and other persons within such time as may be specified in the notice and if in its opinion the circumstance so demands, it may by written notice require the owner or occupier to demolish such building within such time as may be specified in the notice.
(2) If such owner or occupier fails to comply with the notice within the time specified, the Executive Council may take such action to cause a proper hoarding or fence, or to demolish the buildings, as the case may be and all the expenses incurred fo
(1) Whoever, being the owner or occupier of any building or land whether tenantable or otherwise, suffers the same to be in a filthy and unwholesome condition, or in the opinion of the Executive Council, is a nuisance to persons residing in the neighbourhood, or is overgrown with prickly-pear or rank and noisome vegetation and who, within a reasonable time after notice in writing by the Executive Council to cleanse, fails to comply with such notice, shall be punished with fine which may extend to rupees one hundred and with a further fine not exceeding rupees twenty five for every day during which the failure to comply with the notice is continued.
(2) Should the condition of the building be such as in the opinion of the Executive Council to render it unfit for human habitation, the Executive Council may further, by written notice, prohibit the use thereof for that purpose until it is rendered fit.
If any building, by reason of dilapidation, neglect, abandonment, misuse or disputed ownership, or of its remaining untenanted, is:
(a) becoming a resort of idle and disorderly persons having no ostensible means of subsistence, or who cannot give a satisfactory account of themselves.
(b) coming into use for any unsanitary or immoral purpose.
(c) affording a shelter to snakes, rats or other dangerous or offensive animals or insects and is thereby open to the objection that it is a nuisance or so unwholesome or unsightly as to be a source of discomfort, inconvenience or annoyance to the neighbourhood or to persons passing by such building, require the owner or the persons claiming to be the owners, to cause the building to be demolished within a reasonable period not less than seven days from the date of such notice; and in the event of non-compliance of such notice, the Executive Council may on the e
(1) The Board of Councillors may require any building intended to be erected or re-erected at the corner of two streets or roads to be rounded off or played off to such height and to such extent or otherwise as it may determine and may, with previous sanction of the State Government, acquire such portion of the site at the corner as may be necessary for public convenience or amenity.
(2) For any land so acquired, the State Government shall pay compensation.
(3) In determining such compensation, allowance may be made for any benefit accruing to the same premises from the improvement of the road.
(1) The Executive Council may give written permission to the owners or occupiers of buildings bordering public roads to put up open verandah, balcony or room to project towards the road from any upper storey thereof, with such conditions and at such height from the surface of the road as may be prescribed by Rules from time to time, or in the event of no such Rules being in force, as it may fix to an extent not exceeding four feet beyond the line of plinth or basement walls.
(2) Any such owner or occupier putting up such projections as aforesaid without such permission, shall be punished with fine which may extend to rupees one hundred with additional fine not exceeding rupees twenty-five every day during which he fails to remove the projection after the expiry of the date as may be fixed by the Executive Council for such removal under this section.
(3) In the event of prolonged failure to remove such projection, the proc
It shall be lawful for the Executive Councilor any Officer authorized by it at any time between sunrise and sunset, to enter into and inspect any building and by written notice to direct all or any part thereof to be forthwith internally or externally or both lime-washed or painted or otherwise cleansed for sanitary reasons:
Provided that notice for the inspection shall be given to the occupier in advance of at least two hours.
Any person aggrieved by the orders of the Executive Council made under any of the provisions of this Chapter may, within thirty days from the date of the order, appeal to the Board of Councillors.
(1) The State Government may make rules to provide for:-
(a) the regulation or restriction of the use of sites for buildings.
(b) the regulation or restriction of building.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:-
(a) information and plans to be submitted together with application under any of the provisions of this Chapter.
(b) requirements of sites.
(c) means of access.
(d) development of land into land sub-division and layout.
(e) land use classification and uses.
(f) open spaces, area and height limitation;
(g) parking spaces.
(h) requirements of parts of building plinth, habitable room, kitchen, pantry, bathroom and water close
(1) Notwithstanding anything contained in this Chapter, the State Government may legislate a special Building Law to be enforced in such dangerous or special place or places as the State Government may, by notification, declare to be as such.
(2) A building law under sub-section (1) may provide for:-
(a) restriction of use of sites having a gradient steeper than two vertical to one horizontal for construction of building of such types or of such materials.
(b) regulation of sites where building construction may be permitted in the form of stepped construction only with requirements of riveting works, drainage, protection of other works.
(c) prohibition or restriction of building construction within a geographically weak zone as the State Government may by a notification notify.
(d) restrictions and conditions in regard to the open spaces to be maintained
(1) Board of Councillors shall provide for the removal of sewage, rubbish, filth and offensive matter from all public latrines, urinals and drains and from all public roads, public streets and other property vested in the Municipality.
(2) In a private premises where an owner pays a latrine tax, Board of Councillors shall provide for the removal of sewage and offensive matters from such private latrines, urinals and cesspools for which a latrine tax is paid.
(3) In a private premises where an owner pays a conservancy tax, Board of Councillors shall provide for the removal of sewage, rubbish, filth and offensive matter from such private premises for which a conservancy tax is paid in a manner provided by Section 152.
For the removal of sewage, rubbish, filth and offensive matter and for the cleansing of latrines, urinals, drains and cesspools under Section 148, the Board of Councillors shall maintain sufficient establishment, carts, motor trucks and other implements for the purpose.
The Board of Councillors shall provide in some suitable places dumping pits and dumping grounds for final disposal of sewage, rubbish and offensive matters.
The Chairman may, by public notice, specify time during which cart or motor truck deployed for removal and disposal of sewage, rubbish and offensive matters, shall collect such sewage, rubbish or offensive matters from such area to be specified in such notice, for final disposal to dumping pits and dumping grounds.
It shall be the duty of the owners or occupiers, as the case may be, of all premises:
(a) to have the premises swept and cleansed.
(b) to collect from their respective premises all rubbish and offensive matters and keep them in bags, sacks or other containers for collection by cart or motor truck for final disposal.
No person shall:
(a) deposit carcasses of animals, rubbish or filth in any road or on the verandah of any building, or any unoccupied ground alongside any road or any public quay, jetty or landing place, or on the bank of water-course or tank.
(b) deposit filth or carcasses of animals in any dust bin or in any vehicle not intended for the removal of the same.
(c) deposit rubbish in any cart or motor truck intended for the removal of filth save for the purpose of deodorizing or disinfecting the filth.
No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof in any out-building or any place belonging thereto.
No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable or any other filth to flow out of such premises to any portion of a road except a drain or a cesspool, or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a road.
No person shall in the removal of filth use any cart receptacle not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof.
No person shall put or cause to be put any rubbish or filth on public street and into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain.
The Board of Councillors shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals and shall cause the same to be daily cleansed and kept in proper order.
No person shall, without the permission of the Chairman:
(i) construct latrine or urinal with a door or trapdoor opening on to any road or drain.
(ii) construct or keep any latrine, urinal, cesspool, house-drain or receptacle sewage or other offensive matter within fifty feet of any tank or water course or a tank or water course which the inhabitants of any locality use.
(1) The Chairman or any officer authorized by the Chairman in this behalf may by notice require the owner or occupier of any building within the time specified in such notice to provide a latrine or alter or remove from an unsuitable place to a more suitable place any existing latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.
(2) Every owner or occupier of the ground on which any group of three or more huts stands shall provide latrines of such description and number and in such position as the Chairman or any officer authorized by the Chairman in this behalf may by notice require, within such time as may be fixed in the notice, for the use of the inhabitants of such huts.
Every person employing workmen, labourers or other person exceeding ten in number shall provide and maintain for the separate use of persons of each sex so employed latrines of such description and number and in such position, as the Chairman or any officer authorized by the Chairman in this behalf may by notice require within such time as may be fixed in the notice.
The Chairman or any officer authorized by the Chairman in this behalf may by notice require the owner or manager of a market, cart-stand, cattle shed, eating house, cinema or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex latrines of such description and number and in such position as may be specified in such notice.
All latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.
(1) It shall be the civic duty of every person to maintain cleanliness and to live decent and respectable way of living with respect to proper collection, removal and disposal of 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 shall be punishable under Section 386.
(3) If, in the opinion of the Chairman, any person 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, he shall be liable to additional punishment of whatev
(1) If any structure appears to the Executive Officer to be in a ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Executive Officer may by notice require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary, the Executive Officer shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner an arrear of tax is recovered.
(3) If any tree or any branch of a tree, standing on land adjoining a public road, appears to the Executive Officer to be likely to fall and thereby endanger any person or any structure, the Executi
If in the opinion of the Executive Council the working of any quarry of the removal of stone, earth or other material from any place is dangerous to person residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Executive Council may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
(1) The Executive Officer may by notice require the owner of any structure, booth or tent partly or entirely composed of or having any external roof, verandah, pendal or wall partly or entirely composed of cloth, grass, leaves, mats or other highly inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pendal, or well, or grant him permission to retain the same on such conditions as the Executive Officer may think necessary to prevent danger from fire.
(2) The Executive Officer may by notice require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire.
(1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Executive Officer.
(2) The Executive Officer may grant permission subject to such conditions as he may deem necessary, or refuse to grant permission for reasons to be recorded by him.
(3) If any such works is begun or completed without such permission, the Executive Officer may either:
(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Executive Officer shall direct.
(b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).
If in opinion of Executive Officer any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cesspool, pit, water-course, or any collection of water, or any land on which water may at any time accumulate, is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the Executive Officer may by notice require the owner of person having control thereof to fill up, cover over, weed drain or drain off the same in such manner and with such materials as the Executive Officer shall direct or to take such order with the same for removing or abetting the nuisance as the Executive Officer shall direct.
(1) The Health Officer may by notice require the owner of or person having control over any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing or washing clothes to keep the same in good repair and to cleanse it and to protect it from refuse or vegetation or pollution by surface drainage in such manner as the Health Officer may think fit.
(2) If the water of any place which is used for drinking, bathing or washing cloths, as the case may be, is proved to the satisfaction of the Health Officer to be unfit for the purpose, the Health Officer may by notice require the owner or person having control thereof to:
(a) refrain from using or permitting the use of such water.
(b) close or fill up such place or enclose it with a wall or fence.
The Executive Council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary to do so.
The Executive Council may in the interests of the public health regulate or prohibit the washing of animals, clothes or other things, or doing anything in unhealthy manner in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or for bathing or for washing clothes or animals, respectively, or for any other specified purpose.
The Executive Officer may by notice require the owner or occupier of any building or land which appears to him to be in filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within such period and in such manner as may be specified in the notice.
No person shall feed or permit any animal, which is kept for dairy purpose or may be used for food, to be fed on filth.
No person shall keep any animal on his premises so as to be a nuisance or so to be dangerous.
(1) The Executive Officer may, with prior approval of the District Magistrate, give public notice that pigs or dogs straying within such limits will be destroyed.
(2) When such notice has been given any person may, in any manner not inconsistent with the terms of the notice, destroy any pig or dog as the case may be, found straying within such limits.
(1) When the Executive Officer takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this chapter, the Executive Officer may sell the materials or things taken down, cut down or removed and apply the proceeds in or towards payment of the expenses incurred.
(2) If after reasonable inquiry it appears to the Executive Officer that there is no owner or occupier to whom notice can be given under any section in this chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expenses incurred by the sale of such property (not being land) or of any portion thereof.
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit shall apply to Executive Council for a licence not less than thirty and not more than ninety days before opening of such place, or the commencement of year for which the licence is sought to be renewed, as the case may be.
(2) The Executive Council may, by an order and under such restrictions and regulations as it thinks fit, grant or refuse to grant such licence.
(3) No person shall without or otherwise than in conformity with a licence use any place for such purpose.
(1) All stables, cattle-sheds, pig sheds and cow-houses shall be under the survey and control of the Executive Officer as regards their site, construction, materials and dimensions.
(2) The Executive Officer may by notice require that any stable, cattle-shed, pig shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of it being sufficiently cleaned or be supplied with water, or be connected with a sewer, or be demolished.
(3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed, pig shed or cow-house belongs, or for the use of the occupants of which the same was constructed or is continued.
(4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.
If any stable, cattle-shed, pig shed or cow-house is not constructed or maintained in the manner required by or under this Act the Executive Officer may by such notice direct that the same shall no longer be used as a stable, cattle-shed, pig shed or cow-house. Every such notice shall state the grounds on which it proceeds.
(1) The Executive Council may publish a notification in the district gazette that no place within municipal limits or at a distance within three miles of such limit shall be used for anyone or more such industries or factories as may be specified in the notification without the licence of the Executive Council and except in accordance with the conditions specified therein:
Provided that no such notification shall take effect:
(a) until sixty days from the date of publication.
(b) except with the previous sanction of the State Government in any area outside the municipal limits.
(2) The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Executive Council for a licence for the use of such place for such purpose.
(3) The Executive Council may by an order and under such restrictions and regula
(1) Every such person intending:
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water- power or other mechanical power or electric power.
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant exempted by rules shall, before beginning such construction, establishment or installation, make an application in writing to the Executive Council for permission to undertake the intended work.
(2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or premises and shall be accompanied by:
(a) a plan of the factory, workshop, workplaces or premises prepared in such manner as may be prescribed by rules made in this behalf by the State Gov
The Executive Council shall, as soon as may be after the receipt of the application under Section 182:-
(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose.
(b) refuse permission, if it is of the opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.
Before granting permission under Section 183, the Executive Council:-
(a) shall if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or premises, obtain the approval of the State Government as regards the plan of the factory, workshop, work-place or premises with reference to:-
(i) the adequacy of the provisions for ventilation and light.
(ii) the sufficiency of the height and dimensions of the rooms an doors.
(iii) the suitability of the exits to be used in case of fire.
(iv) such other matters as may be prescribed by rules made by the State Government.
(b) shall consult and have due regard to the opinion of the Municipal Health Officer where the Municipality employs such an officer and of the district Health Officer in other cases, as regards the suitability of the site of the
More than nine workers shall not be employed on any day in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section 183 authorizes such employment, or unless fresh permission authorizing such employment has been obtained from the Executive Council. Before granting such fresh permission, the Executive Council shall obtain the approval of the State Government as regards the plan of the factory, workshop, work-place or premises, with reference to the matters specified in Section 184.
The grant of permission under this Chapter:
(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control as may be prescribed.
(b) shall not be deemed to dispense with the provisions of Sections 128 and 130.
Explanation - The word "worker" in Section 182, 184 and 185 shall in relation to any factory, workshop, work-place, or premises, have the same meaning as in the Factories Act, 1934.
Save as otherwise specially provided in this Act, if orders on an application for permission under Section 182 are not received by the applicant within sixty days after the receipt of the application by the Executive Council, permission shall be deemed to have been granted subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.
Nothing contained in clause (a) of Section 184 and Section 185 shall apply if the approval to the factory, workshop, work-place or premises, referred to therein has already been obtained under the provisions of any law relating to factories for the time being in force.
(1) If in any factory, workshop or work-place in which steam-power, water-power or other mechanical power or electric power is used, nuisance is in the opinion of the Executive Council caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Executive Council may issue such directions as it thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable the Executive Council may:-
(a) prohibit the use of the particular kind of fuel employed.
(b) restrict the noise or vibration by prohibiting the working of the factory workshop or work-place between the hours of 9:30 P.M. and 5:30 A.M.
The State Government may, either generally or in any particular case, make such order or give such directions as they deem fit in respect of any action taken or omitted to be taken under Sections 182, 183, 184, 185, 186, 187, 188, 189 or any of them.
(1) The Executive authority or any person authorized by him in this behalf may enter any factory, workshop or work-place:-
(a) at any time between sunrise and sunset.
(b) at any time when any industry is being carried on.
(c) at any time by day or night, if he has reason to believe that any offence is being committed under Sections 182, 183, 184, 185, 186, 187, 188, 189 or any of them.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessarily for the purpose of effecting an entrance under this section.
(1) The Municipalities shall provide a sufficient number of places for use as municipal slaughter-houses and may charge rents and fees for their use at such rates as it may think fit.
(2) The Municipality may:
(a) place the collection of such rents and fees under the management of such persons as may appear to it proper.
(b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
(3) Municipal slaughter-houses may be situated within or with the sanction of the State Government, outside the municipal area.
(1) The owner of any place within municipal limits or at a distance within three miles of such limits which has been in use before the commencement of this Act as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any carcasses, shall apply to the Executive Council for a licence not less than thirty and not more than ninety days before the opening of such place as a slaughter-houses or the commencement of the year for which the licence is sought to be renewed, as the case may be:
Provided that this sub-section shall not take effect in any area outside the municipal limits except with the previous sanction of the State Government.
(2) The Executive Council may, by an order and subject to such restrictions and regulations as to supervision and inspection as it thinks fit, grant or refuse to grant such licence.
The Executive Council may allow any animal to be slaughtered in such places as it thinks fit on occasions of festivals and ceremonies or as a special measure.
No person shall slaughter within the Municipality, except in a public or licensed slaughter-house, any cattle, horse, goat or pig for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the Executive Councilor dry or permit to be dried any skin in such a manner as to cause a nuisance:
Provided that the Executive Council may authorize any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony.
(1) No person shall without or otherwise than in conformity with a licence from the Executive Council:-
(a) carryon within the Municipality the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce.
(b) use any place in the Municipality for the sale of milk or dairy produce:
Provided that no such licence shall be given to any person who is suffering from dangerous disease.
(2) Such licence may be refused or may be granted on such conditions as the Executive Council may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, whether within or without municipal limits, where the animals, from which the milk-supply is derived are kept.
All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets and such markets shall be open to persons of whatever caste or creed.
(1) The Board of Councillors may provide places for use as public markets.
(2) The Board of Councillors may in any public market levy anyone or more of the following fees at such rates and may take place the collection of such fees under the management of such persons as may appear to it proper or may farm out such fees for any period not exceeding three years at a time and on such terms and subject to such conditions as it may deem fit:-
(a) fees for the use of or, for the right to expose goods for sale in, such markets.
(b) fees for the use of shops, stalls, pens or stands in such markets.
(c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such markets.
(d) fees on animals brought for sale into, or sold in, such markets.
(e) licence fees for brokers, commission agents, weigh men and measurers
(1) No person shall, without the permission of the Executive Councilor if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
(2) The Executive Council may expel from any public market any person who or whose servant has been convicted of disobeying any regulations at the time in force in such market and may prevent such person from further carrying on by himself or his servants, or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any such shop, stall or place.
(1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Executive Council a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less 'than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed as the case may be.
(3) The Executive Council shall as regards private markets already lawfully established and may at its discretion as regards new private markets, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and ways, weights and measures to be used and rents and fees to be charged in such market as the Executive Council may think proper; or the Executive Council m
When a licence granted under Section 200 permits the levy of any fees of the nature specified in sub-section (2) of Section 198, a fee not exceeding fifteen percent of the gross income of the owner from the market in the preceding year shall be charged by the Executive Council for such licence.
It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.
The Municipality may by notice require the owner, occupier or farmer of any private market to:
(a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with latrines of such description and in such position and number as the Executive Council may think fit.
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such materials as will in the opinion of the Executive Council secure imperviousness and ready cleansing.
(c) ventilate it properly and provide it with a supply of water.
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Executive Council may direct.
(e) keep it in a clean and proper state and remove all filth and refuse therefrom.
(1) If any person after notice given to him in that behalf by the Executive Council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in Section 203, the Executive Council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed.
(2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.
No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein shall keep the same in such a condition as to become a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the Executive Council.
The Executive Councilor any officer duly authorized by it in that behalf may close any private market in respect of which no licence has been applied for or the licence for which has been refused, withheld or suspended or which is held or kept contrary to the provisions of this Act.
(1) The Board of Councillors may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894 and such rights shall be deemed to be land for the purposes of that Act.
(2) On payment by the Board of Councillors of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the Municipality.
The Executive Officer may, with the sanction of the Executive Council, prohibit by public notice or license, or regulate the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.
If any question arises whether any place, where persons assemble for the sale or purchase of articles of food or clothing or live stock or poultry, or cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the Board of Councillors concerned shall make a reference to the State Government and the decision of the State Government on the question shall be final.
(1) Every municipality may levy:
(a) Property tax.
(b) a profession tax.
(c) a tax on carriages and animals.
(d) a tax on carts.
(e) advertisement tax other than advertisements published in newspapers.
(2) Any resolution of a Board of Councillors determining to levy a tax shall specify the rate at which any such tax shall be levied and the date from which it shall be levied:
Provided that before passing a resolution imposing a tax for the first time or increasing the rate of an existing tax the Executive Council shall publish a notice in at least one vernacular newspaper, on the notice board of the municipal office and in such other places within municipal limits as may be specified by the Board of Councillors, of its intention, fix a reasonable period not being less than one month for submission of objectio
In every municipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this Act
When a Board of Councillors shall determine subject to the provision of Section 210 to levy any tax for the first time or at a new rate the Executive Officer shall forthwith publish a notification in the gazette specifying the rate at which, the date, from which and the period of levy for which, such tax shall be levied.
Nothing in this chapter shall authorize a municipality to levy any tax which the State Legislature has no power to impose in the State under the Constitution.
(1) If the Board of Councillors by resolution determines that a property tax shall be levied, such tax shall be levied on all buildings and lands within municipal limits save those exempted by or under this Act or any other law. The Property Tax may comprise:-
(a) a tax for general purposes.
(b) a water and drainage tax to provide for expenses connected with the construction, maintenance, repair, extension or improvement of water or drainage works heretofore provided or hereafter to be provided.
(c) a lighting tax to provide for expenses connected with the lighting of the municipality by gas or electricity.
(d) a scavenging tax to provide for expenses connected with the removal of rubbish, filth or the carcasses of animals from private premises:
Provided that where the water and drainage tax is levied, the municipal council shall declare what proportion
(1) The State Government may by order published in the Official Gazette direct any municipality to levy the property tax referred to in sub-section 210 or any class of such tax, at such rate and with effect from such date (not being earlier than the first day of the half-year immediately following that in which order is published) as may specified in the order.
(2) When an order under sub-section (1) has been published, the provision of this Act relating to property tax shall apply as if the Board of Councillors has on the date of publication of such order by resolution determined to levy the tax at the rate and with effect from the date specified in the order and as if no other resolution of the Board of Councillors under Section 210 determining the rate at which and the date from which property tax shall be levied has taken effect.
(3) A Board of Councillors shall not alter the rate at which the property tax or any clas
(1) Every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of the building is a different person from the owner of such suite or premises.
(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 the case may be, in such Form and in such manner, as may be prescribed under the Rules framed under this Act. Provided that:<
(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 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
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, category of owning and purpose of using the property.
(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.
(1) The following buildings and lands shall be exempted from the property tax:
(a) Places set apart for public worship and either actually so_ used or used for no other purposes.
(b) Choultries for the occupation of which no rent is charged and choultries the rent charged for the occupation of which is used exclusively for charitable purposes.
(c) Buildings used for educational purposes including hostels attached thereto and places used for the charitable purpose of sheltering the destitute or animal and libraries and playground which are open to the public.
(d) Charitable hospitals and dispensaries.
(e) Burial and burning grounds.
(f) Buildings or lands belonging to the municipality.
(g) Any irrigation work vesting in the State Government including the bed of a water-course, or any building or land adjacent
(1) The State Government may, for the purpose of fixing property tax, classify the municipal area into such number of grades as it may, by a notification, determine and fix rate of property tax for each grade.
(2) The rate of same class of property tax under this section need not be uniform for .all grades and different rates may be fixed for different grades.
The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or lands and upon the movable property, if any, found within or upon the same and belonging to the person liable to such tax.
[* * *]
(1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unoccupied for thirty or more consecutive days in any half- year, the Executive Council shall remit so much, not exceeding one-half of such portion of the tax as relates to the building only as is proportionate to the number of days during which the building was vacant and unoccupied in the half-year.
(2) Every demand for remission under sub-section (1) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not after wards.
(3)(a) No demand for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered notice to the Executive Officer:-
(i) that the building is vacant and unoccupied.
(ii) that the building will be vacant and unoccupied from a specified date either in
(1) Whenever the title of any person primarily liable to the payment of property tax on any premises to or over such premises is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Executive Officer.
(2) In the event of the death of any person primarily liable as aforesaid the person to whom the title of the deceased shall be transferred, as heir or otherwise shall give written notice of such transfer to the Executive Officer within one year from the death of the deceased.
(3) The notice to be given under this section shall be in such from as the executive officer may direct and the transferee or the person to whom the title passes, as the case may be,
(1) If any building in a municipality is constructed or reconstructed, the owner shall give notice thereof to the Executive Officer within fifteen days from the date of completion or occupation of the building, whichever is earlier.
(2) If such date falls within the last two months of half-year, the owner shall, subject to notice being given under sub-section (1), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only for that half-year.
(3) If such date falls within the first four months of a half-year, the owner shall, subject to notice being given under sub-section (1), be entitled to a remission of so much not exceeding a half of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(4) If any
(1) If any area is included within a municipality the owner of every building or land in such area shall:-
(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property tax in respect thereof for that half-year.
(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much not exceeding a half of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(2) If any are is excluded from a municipality the owner of every building or land in such area shall be entitled:-
(a) if any date of such exclusion falls within the first two months of a half-year, to a remission of the whole of the property tax in respect thereof for that half-year.
(b) if such date falls within the las
(1) For the purposes of assessing the property tax, the Executive Officer may, by notice, call on the owner or occupier of any land or building to furnish him, within thirty days after the service of the notice, where the notice is served upon the State Government or a company and within seven days after such service in other cases, with returns of the rent payable for the land or building, the cost of erecting the building .and the measurements of the land and with such other information as the Executive Officer may require; and .every owner and occupier on whom such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.
(2) For the purpose aforesaid the executive officer may enter, inspect, survey and measure such building or land, after giving twenty-four hours notice to the owner or occupier.
(1) The Board of Councillors may by a resolution determine that a profession tax shall be levied and publish a notification of such determination under Section 212. Then from the effective date of the notification every company, firm, association or Hindu undivided family transacting business in the municipal area for not less than sixty days in the aggregate in any half year shall pay to the municipality a half- yearly profession tax.
(2) For the purpose of sub-section (1) the Board of Councillors may make a regulation and fix therein taxable limits, rates of taxes payable and other matters connected with such a tax.
The profession-tax leviable from a firm, association or joint Hindu family may be levied from any adult member of the firm, association or family.
If a company or person employs a servant or agent to represent it or him for the purpose of transacting business in a municipal area such company or person shall be deemed to transact business in the municipal area and such servant or agent shall be liable for the profession tax, in respect of the business of such company or person, whether or not such servant or agent has power to make binding contracts on behalf of such company or person.
If the profession tax due from any company or person is not paid, the Executive Officer shall cause a notice to be served on· such company or person which shall be treated as confidential and copies thereof shall not be granted to the public.
All statements made, returns furnished or accounts or documents produced in connection with the assessment of profession tax by any company or person, shall be treated as confidential and copies thereof shall not be granted to the public.
The Executive Officer may by notice require the owner or occupier of any building or land and every secretary or manager of a hotel/boarding or lodging house/club, or residential chambers to furnish within a specified time a list in writing containing the name of all person occupying such building, land, hotel, boarding or lodging house, club or residential chambers and specifying the profession, art calling or appointment of every such person and the rent, if any paid by him and the period of such occupation.
The Executive Officer may by notice require any employer or the head or secretary or manager of any public or private office, hotel, boarding house or club or of a firm or company:
(a) to furnish within a specified time a list in writing of the names of all persons employed by such employer or by such office, hotel, boarding house, club, firm or company as officers, servants, workers, agents suppliers, or contractors, with a statement, of the salary or income of such persons.
(b) to furnish particulars in regard to any company of which such employer, head, secretary or manager, as the case may be, is the agent.
(1) Every employer shall, on receipt of a requisition from the executive officer, deduct from the salary or wages of any person employed by the employers as an officer or a servant or from any sum payable by the employer to any person employed by the employer as worker, agent, supplier or contractor, such amount of profession taxi as may specified in such requisition, as being due from such employed person.
Explanation - In this sub-section "employer" includes the head or secretary, or manager of any public or private office, hotel, boarding houses, club, firm or company.
(2) Every person responsible, for making any deduction under sub-section (1) may at the time of making the deduction, increase or reduce the amount to be deducted under sub-section (1) for the purpose of adjusting any excess or deficiency arising out of any previous deduction or failure to deduct during the half-year.
(3) Any dedu
(1) Without the permission of the Board of Councillors, no person shall use or cause to be used carriage of any kind or animal or cart for conveyance of human beings or goods in any municipal area.
(2) The Board of Councillors may having regard to the congestion and heavy use of public roads and streets, determine any place or places in a municipal area where use of carriage or animal or cart for conveyance shall be totally forbidden and in such place or places it shall not be lawful for any person to possess, keep or use carriage of any kind or cart animal for conveyance purposes.
(3) The Board of Councillors may, having regard to the condition of public roads and streets, determine any place or places in a municipal area where use of carriage or animal or cart or any of them can be permitted with such restrictions as the Board of Councillors may impose. Thereupon, the Executive Council may grant permission for use of ca
(1) If the Board of Councillors determines that a tax on carriages and animals shall be levied as may be determined by a regulation in this behalf, the Executive Officer shall levy the said tax half-yearly on such carriages and animals kept or used within the municipality.
(2) The rates of the tax shall be determined and revised from time to time by the Board of Councillors.
(1) Every person having possession, custody or control of any taxable carriage or animal shall be liable for the full half-yearly tax if the carriage or animal has been kept or used within the municipality for an aggregate period
(2) If such aggregate period exceeds fifteen days but is less than sixty days a moiety of the half-yearly tax shall be leviable.
(3) If such aggregate period does not exceed fifteen days, no tax shall be leviable for the half-year.
(4) Every person having possession, custody or control of any taxable carriage or animal within the municipality shall, until the contrary is shown, be presumed to have kept or used the same within the municipality for sixty days in the half-year.
(5) Notwithstanding anything contained in sub-sections (1) and (2), no person shall be liable to pay tax to the municipality during any half-year on account of any carriage or ani
The carriage and animal tax shall not be levied on:
(a) carriage and animals belonging to the Government and used for military purposes.
(b) carriages and animals kept solely for sale by carriage-maker and dealers.
(c) carriages which have been under repair or standing at a carriage-makers during the whole of the half-year.
ew
With the sanction of the Board of Councillors or in accordance with regulations framed by that body, the Executive Council may compound for any period not exceeding one year, with any livery-stable keeper or other person keeping carriages and animals for sale or hire, for a certain sum to be paid in lieu of the carriage and animal tax.
When any person pays the amount of tax due in respect of any carriage or animal, the Executive Council shall grant him a licence to keep or use such carriage or animal for the period to which the payment relates.
(1) The Executive Council may direct that a municipal number shall be affixed to every carriage let out for hire within the municipality and to every bicycle and tricycle kept or used within the municipality.
(2) The numbers affixed under sub-section (1) shall be registered in the municipal office.
(1) If the Board of Councillors determines that a tax shall be levied on carts, the executive council shall levy the said tax half yearly at the rate which shall not exceed rupees ten per cart per half- year fixed by the Executive Council and specified in the notification to be published in the gazette.
(2) Notwithstanding anything contained in sub-section (1) no person shall be liable to pay tax to the municipality during any half-year on account of any cart in respect of which the tax for same half-year has already been paid to the municipality by some other person.
(3) Every owner of any such cart shall register it once in every half-year in the municipal office.
(4) The Executive Council may direct that a municipal numbers shall be affixed to every registered cart.
(5) The Executive Council shall notify certain days in every half year for the registration and numbering of
The tax on carts shall not be levied on any cart which is shown to the satisfaction of the Executive Council to have been kept or used within the municipality for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cart maker's during the whole of the half-year.
(1) If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under Section 240 or Section 241, as the case may be, the Executive Council may at any time seize and detain the vehicle and the animal, if any, by which it is drawn.
(2) If the vehicle or animal seized be not claimed and the tax thereon paid within ten days from the date of seizure Executive Council may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of:-
(i) the tax, if any due, on the vehicle or animal sold.
(ii) such penalty not exceeding the amount of the tax as the executive council may direct.
(iii) on account of charges incurred in connection with the seizure, detention and sale.
(3) If the owner of the vehicle or animal or other person entitled thereto claims the same within te
(1) No person shall erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or display any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph) in any place within a municipal area without the written permission of the Chairman.
(2) The Chairman shall not grant such permission if:
(a) a licence for the use of the particular site for the purpose of advertisement has not been taken out.
(b) the advertisement contravenes any provisions of this Act or the rules or the regulations made thereunder.
(c) the tax, if any, due in respect of the advertisement has not been paid.
(3) No person shall broadcast any advertisement, except on radio or television, without the written permi
(1) Except under and in conformity with the terms and conditions of a licence, no person, being the owner, lessee, sub-lessee, occupier or an advertising agent, shall use or allow to be used any site in any land, building, wall or erect or allow to be erected on any site any hoarding, frame, post, kiosk, structure, neon-sign or sky-sign for the purpose of display of any advertisement.
(2) For the purpose of advertisement, every person:
(a) using any site prior to the commencement of this Act, within ninety days from the date of commencement of this Act.
(b) intending to use any site.
(c) whose licence for the use of any site is about to expire, shall apply for a licence or renewal of a licence, as the case may be, to the Chairman in such form as may be specified by the Board of Councillors.
(3) The Chairman shall, after making such inspection as may be n
(1) Every person who exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph), shall pay for every advertisement, which is so erected, exhibited, fixed or retained or displayed to public view, a tax calculated at such rate as the Board of Councillors may determine:
Provided that a surcharge, not exceeding fifty percent of the rate applicable to any case, may be imposed on any advertisement on display in temporary fairs, exhibitions, sports events or cultural or social programmes.
(2) Notwithstanding anything contained in sub-section (1), no tax shall be levied under this section on any advertisement which:
(a) relates to a public meeting or to an elec
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure or displayed to public view from a public street or public place in contravention of the provisions of this Act or the regulations made there under, it shall be presumed, unless the contrary is proved, that the contravention has been committed by the person or persons on whose behalf the advertisement purports to be or the agent or agents of such person or persons.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the regulations made thereunder, the Chairman may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk or structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building or property and cause the advertisement to be dismantled, taken down, removed, spoiled" defaced or screened.
Explanation I - The word "structure" in this Chapter includes any movable board on wheels used as an advertisement or advertisement medium.
Explanation II - The word "advertisement" in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, sky-sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for th
If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax due, he shall be punished with fine to be imposed by the Executive Council which:-
(i) may extend to an amount equal to three times the amount payable as such tax.
(ii) shall not ordinarily be less than an amount equal to one and a half times such tax:
Provided that such fine shall be recovered from such person or persons as the Chairman may adjudge responsible for not paying the tax.
Save as otherwise provided in this Act, any tax levied under this Act may be recovered in accordance with the following procedure and in such manner as may be prescribed:
(a) by presenting a bill.
(b) by serving a notice of demand.
(c) by distraint and sale of a defaulter's immovable property.
(d) by the attachment and sale of a defaulter's immovable property.
(e) in the case of property tax on lands and buildings, by attachment of rent due in respect of the land or the building.
(f) as a public demand under the Mizoram Public Demands Recovery Act, 2001.
(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 calc
(1) The property tax on land or building shall be leviable in equal shares upon the owner and the occupier.
Provided that the surcharge thereof shall be leviable upon the occupier:
(2) On the failure to recover any sum due on account of property tax from the owner, such sum shall be recoverable from the occupier by attachment of rent payable by him to the owner.
(3) An occupier from whom any sum is recovered under sub-section (2) shall be entitled to reimbursement by the owner for the payment of such sum or adjustment of such sum against the rent payable.
(1) The Executive Officer of the Municipality or an officer of the Municipality, duly authorized 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
(1) Unless the amount entered in the assessment list is subsequently altered as provided in this Act, the amount entered in the list shall be deemed to be the amount due on account of property tax on the annual value of holdings. In the case of subsequent alteration, if any, the amount in relation to which the assessment or rating is so altered shall be deemed to be amount due.
(2) Such tax shall be payable in quarterly instalments and every such instalment shall be deemed to be due in the first day of the quarter in respect of which it is payable.
(3) If any amount due is paid within thirty days from the date of presentation of the bill under Section 252, a rebate, not exceeding ten percent of such amount as may be determined by the Board of Councillors, shall be allowed.
(4) Subject to the provisions of sub-section (2), the payment of taxes may be made in such manner as may be specified by the Exe
(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 10 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.
(1) Save as otherwise provided in this Act, if the amount of the property tax for which a bill has been presented under Section 252 is not paid within thirty days from the presentation thereof or if the tax on advertisements is not paid after it has become due, the Chairman may cause to be served upon the person liable for the payment of the same, a notice of demand in such form as may be specified by the Executive Council.
(2) For every notice of demand which the Chairman causes to be served on any person under this section, a fee of such amount, not exceeding twenty-five rupees, as the Board of Councillors may determine shall be payable by such person and shall be included in the cost of recovery.
(3) If any person liable for payment of any tax under this Act does not, within thirty days of the service of the notice of demand, pay the sum due, he shall be deemed to be in default.
(4) When a person
(1) If any person liable for payment of any tax does not, within sixty days of the service of notice of demand under Section 254, pay the amount due, such sum together with costs, interest due and penalty may be recovered under a warrant issued in such form as may be specified by the Executive Council in this behalf, either by distress and sale of movable property, or by attachment and sale of immovable property, of the defaulter as the Chairman may decide:
Provided that the Chairman shall not recover any sum the liability of which has been remitted on review under the provisions of this All.
(2) Every warrant issued under sub-section (1) shall be signed by the Chairman or any other officer authorized by him in this behalf.
(1) It shall be lawful for any officer or other employee of the Municipality, to whom a warrant issued under this Chapter is addressed, to distrain, wherever it may be found in any place within the municipal area, any movable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions:
(a) the following property shall not be distrained:
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils.
(ii) tools of artisans.
(iii) books of accounts.
(b) the distress shall not be excessive, that is to say, the property distrained shall be, as nearly as possible, equal in value to the amount recoverable under warrant and if any property has been distrained which, in the opinion of the Chairman, should not have been distrained, it sh
(1) When the property seized subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chairman shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once and he shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not, in the meantime, suspended by the Chairman or discharged, the property seized shall, after the expiry of the period mentioned in the notice served under sub- section (2) of Section 256 be sold by public auction by order of the Chairman.
(1) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from any benefit from such transfer or charge and declaring that such property shall be sold in auction unless the amount of tax due with costs of recovery is paid within the date specified in the warrant.
(2) A copy of the order under sub-section (1) shall be affixed on a conspicuous part of the property and upon a conspicuous part of the office of the Municipality.
(3) Any transfer of, or charge on, the property attached, or any interest therein, made without written permission of the Chairman, shall be void against all claims of the Municipality enforceable under the attachment.
(4) The surplus of the sale proceeds, if any, shall, immediately after the sale of the property, be credit
For every distraint and attachment made in accordance with the foregoing provisions of this Chapter, a fee of such amount not exceeding two and a half per cent of the amount of the tax due, as shall, in each case, be fixed by the Chairman shall be charged and included in the costs of recovery.
(1) If the Chairman has reason to believe that any person, from whom any sum is due or is about to become due on account of any tax, is about to move from the jurisdiction of the Municipality, he may direct the immediate payment by such person of the sum so due or about to become due and to cause a notice of demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided and the warrant of distress or attachment and sale may be issued and executed without any delay.
(1) If the Chairman is unable to recover any sum due upon distraint, the Sub-divisional Magistrate having jurisdiction may, on the application of the Chairman, issue an warrant to any officer of the Court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Sub-divisional Magistrate or forward the warrant for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Sub divisional Magistrate exercising jurisdiction within Mizoram and such other Sub divisional Magistrate shall endorse the warrant so issued and cause it to be executed and the amount, if recovered, to be remitted to the Sub-Divisional Magistrate issuing the warrant who shall remit the same to the Chairman.
After a defaulter has been proceeded against unsuccessfully under the foregoing provisions of this Chapter or with partial success, any sum due or the balance of any sum due may be recovered by 'the Chairman as a public demand under the Mizoram Public Demand Recovery Act, 2001 together with interest and cost of recovery.
No distress under this Act shall be deemed to be unlawful not shall any person making the same be deemed to be a trespasser on account of:
(a) any defect or want of form in the notice, summons, notice of demand, warrant of distress, inventory or other proceeding relating thereto.
(b) any irregularity committed by such person:
Provided that any person aggrieved by such defect or irregularity may, by order of a court of competent jurisdiction, recover the full satisfaction of any special damage sustained by him.
(1) For the purpose of recovery of any property tax, the Chairman may cause to be served on any occupier a notice requiring him to deposit in the Municipal Fund any rent due or falling due from him in respect of the land or the building to the extent necessary to satisfy the sum due on account of property tax in respect of such land or building.
(2) Every notice under sub-section (1) shall operate as an attachment of rent as aforesaid unless the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in the account with the person to whom such rent is due, any sum paid by him to the Municipality in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid.
(1) Where any land or building is in the occupation of any person not being the owner or occupier of such land or building, the amount of any tax, toll, fee, rate or other money due under the Act and assessed on the annual value of such land or building may be recovered from such person as if he were an occupier of such land or building:
Provided that no sum shall be recovered from such person if it is not due in respect of the period during which such person has been in occupation of such land or building.
(2) The assessment or recovery made under this section shall not by itself be deemed to confer upon such person any right or title as the lawful occupier of the land or the building as aforesaid.
(1) If any money is due under this Act from the owner of any land or premises on account of property tax or any other tax, expenses or charges recoverable under this Act and if the owner of such land or premises is unknown or the ownership thereof is disputed, the Chairman may publish twice, at an interval of not less then two months, a notification of such dues and of sale of such land or premises for realization thereof and after the expiry of not less than one month from the date of last publication of the notification, unless the amount recoverable is paid, may sell such land or premises by public auction to the highest bidder, who shall deposit, at the time of sale, twenty- five per cent of the purchase money and the balance thereof within thirty days of the date of sale. Such notification shall be published in the Official Gazette and in local newspaper and by displaying on the land or the premises concerned.
(2) After deducting the amoun
(1) No assessment and no charge or demand of the property tax or any other tax made under this Act shall be called in question or shall in any way be affected by reason of:-
(a) any clerical or arithmetical mistake arising from any accidental slip or omission:-
(i) in the name, residence, place of business or occupation of any person liable to pay such tax.
(ii) in the description of any property or thing liable to such tax.
(iii) in the amount of assessment of such tax.
(b)
(i) any clerical error.
(ii) any defect of form, not being of a substained nature:
Provided that the Chairman may, either of his own motion or on the application of any aggrieved person, correct any clerical or arithmetical mistake or clerical error or defect of form as aforesaid.
(2) It
The Board of Councillors may by order strike off the books of the Municipality any sum due on account of the property tax or any other tax or any other account, which may appear to it to be irrecoverable and shall, within one month thereof, communicate it to the State Government.
(1) It shall be the duty of every Municipality to provide a supply of wholesome water for the domestic use of the inhabitants.
(2) The supply of water for domestic and non-domestic uses may be charged for at such scale of fee, or price, as may be prescribed:
Provided that in the case of Water Supply Projects, implemented in any municipal area with external aid or on joint venture basis or through private participation, the Municipality may make regulations fixing fees for supply of water and other allied matters associated with the project, as may be necessitated by the terms and conditions of the project.
(3) The Board of Councillors, for the purpose of measuring or recording the quantity of water consumed, may provide for devices of attachment of meter in the premises or adopt a system of calculation by the size or number of ferrules through which the supply is made or any other method of measure
(1) All public tanks, reservoirs, cisterns, wells, tube-wells, aqueducts, conduits, tunnels, pipes, taps and other water-works, whether made, laid or erected at the cost met from the Municipal Fund or otherwise and all bridges, buildings, engines, works, materials and things, connected therewith or appertaining thereto and any adjacent land (not being private property) appertaining to any public tank, which is situated within the municipal area, shall vest in the Municipality.
(2) All rights over the sub-soil water resources within a municipal area shall vest in the Municipality.
(1) Subject to the approval of the State Government, the Board of Councillors may, either singly or jointly with any other authority, within or without a municipal area, undertake construction of water-works and operate, manage or maintain any water-works intended to serve the inhabitants of the municipal area.
(2) Whenever the State Government has approved any work outside the limits of municipal area, the Board of Councillors may exercise all the powers for construction, maintenance and repair throughout the line of the country in which such work is situated or through which it is to run, as if such work is situated within the municipal area.
The Board of Councillors may lay or carry any water- main or service-main or any pipe or channel of any kind for the purpose of providing or carrying out or maintaining a system of water-supply on, across, under or over any street or public place and after giving a reasonable notice of not less than a month to the owner or the occupier, across, under or over any private land or building whatsoever, situated within the limits of a municipal area, may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such pipe or channel, as the case may be, in an effective state for the purpose for which such pipe or channel, as the case may be, may be used or intended to be used:
Provided that in the case of sudden water-logging of any area within a municipal area, the Board of Councillors may, if it considers it necessary so to do in the interest of public health and convenience, take such action as is ne
No building or private street shall be constructed over any municipal water-main or service-main, except with the written permission of the Board of Councillors which may impose such conditions for such construction as it may deem fit.
(1) Subject to such conditions and restrictions and such terms as the Executive Council may, from time to time, determine, the Executive Council may, on the application of the owner or the occupier of any house or land in respect of which property tax is paid, make or cause or permit to be made communication or connection from any main, service-main or distribution pipe, belonging to the Municipality or from any channel maintained, owned or vested in the Municipality.
(2) The Executive Council may require the amount necessary for the execution of any work under this section and other charges or fees, if any, to be paid or deposited before such work is executed by it.
If, at any time, it appears to the Executive Council that any building or land in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice, require the owner or the lessee or the occupier of the building or the land, as the case may be, to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the persons usually occupying or employed upon the building or the land and provide communication pipes of such size, materials and description and take such necessary steps for the purpose, as may be provided by regulations.
(1) The Executive Council may erect hydrants or stand-posts for supply of wholesome water to the public within a municipal area.
(2) The Board of Councillors may, by regulation provide for safety, maintenance and use if such public hydrants or stand posts; or it may place such public hydrants or stand-posts under the charge of any person who may realize from each consumer such fee as the Board of Councillors may determine from time to time.
(3) The Board of Councillors may fix hydrants on water-mains at such places as may be most convenient for affording a supply of water for extinguishing any fire in the locality and denote the situation of every such hydrant with marks or figures prominently displayed on any convenient structure near such hydrant:
Provided that on deposit of requisite expenses by any owner or occupier of any factory, workshop, trade premises or place of business situated in or ne
(1) All private connections of premises to the mains of a Municipality for the supply of water thereto and all pipes, taps, and other fittings used for such supply shall be made, maintained and regulated in the manner prescribed.
(2) The Municipality may, if it thinks fit, take charge of all communication-pipes and fittings of any existing private service connected with water-supply system within a municipal area up to and including the stopcock nearest to the doorstep of the concerned premises and such communication-pipes and fittings shall thereafter vest in, and shall be maintained at the expenses of, the Municipality as part of the water-works of the Municipality.
Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expenses of repairs of all works connected with the supply of water thereto and, if he fails to do so, the occupier may, after giving the owner and the Chairman three day's notice in writing in such form as may be approved by the Municipality, himself have the repairs done and deduct the expenses for such repairs from any rent due from him to I he owner in respect of such premises.
The Board of Councillors may, with the sanction of, and on such terms as may be approved by, the State Government, supply water to a local authority or other person outside the municipal area.
(1) If, at any time, it appears to the State Government that any water-works executed by, or vested in, the Board of Councillors, are maintained or run in an imperfect, inefficient or unsuitable manner, the State Government may, by order, direct the Board of Councillors to show cause within the period specified in the order as to why the water-works with all plants, fittings and appurtenances thereof should not be handed over to the control and management of any other agency belonging to the State Government or any statutory body for such period as the State Government may fix.
(2) If no cause is shown to the satisfaction of the State Government within the period specified in the order under sub-section (1), the State Government may, by order, direct that the water-works with all plants, fittings and appurtenances thereof shall be made over to such agency or statutory body as the State Government may fix, and for such period, and on such terms
(1) No person, being the occupier of any premises to which water is supplied by the Board of Councillors under this Chapter, shall, on account of negligence or other circumstances under the control of the said occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair causing thereby waste of water.
(2) No person shall unlawfully flood, draw off, divert or take water from, any water- works belonging to, or under the control of, the Board of Councillors, or from any water-course or stream by which such water-works are supplied.
(3) Any person who contravenes the provisions of this section, shall be liable to such fine imposed by the Board of Councillors, not exceeding three hundred rupees, as may be determined.
(1) Notwithstanding anything contained in this Chapter, the Executive Council may cut off the connection of water-supply to any premises, or may turn off such supply, in any of the following cases, namely:
(a) if the premises are unoccupied or prohibited for human habitation.
(b) if, in respect of the premises, any taxes or rates or fees or charges are in arrear for payment for more than one year.
(c) if, after receipt of a written notice from the Chairman requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or permit the same to be used in contravention of the provisions of this Act or the rules or the regulations made thereunder.
(d) if any pipe, tap, works or fittings connected with the supply of water to the premises be found, on examination by any officer of the Municipality dilly authorized in this behalf, to be out
(1) No new well, tube-well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission, in writing, of the Executive Council.
(2) If any such work is begun or completed without such permission, the Executive Council may:-
(a) by written notice require the owner or the other person who has done such work to fill up or demolish such work.
(b) grant permission to retain such work or portion thereof on such terms and conditions as the Executive Council may consider fit to impose.
The Board of Councillors may, by order published at such places as it thinks fit, set apart any tank, well, spring or water-course or any part thereof, vested in it or, by an agreement with the owner thereof, any private tank, well, spring or water-course or part thereof, subject to any rights which the owner may retain with the consent of the Board of Councillors, for any of the following purposes, namely:
(a) for the supply of water exclusively for drinking or for culinary purposes or for both.
(b) for the purpose of bathing.
(c) for washing animals or clothes.
(d) for any other purpose connected with the health, cleanliness or comfort of the inhabitants.
And may, by like order, prohibit the bathing or the washing of the animals or clothes or other things at public place not set apart for such purposes, or prohibit any other act by which water in any p
The State Government may make rules to provide for the proper analysis of the water of any water-works, tanks, well, spring or any water-course or other source, unused or likely to be used for drinking or culinary purposes in any municipal area and in particular may require the Executive Council to take samples of water in the manner prescribed and make it over at such time and place and to such person or persons, as the State Government may appoint in this behalf.
The State Government may make rules to provide for:-
(a) the preparation of plans and estimates for water- works or for introduction of a public distribution net-work.
(b) the power of the Board of Councillors or the State Government to accord sanction to such plans and estimates.
(c) the publication of the particulars and the nature of any waterworks or scheme, its cost and the manner in which it is to be financed and carried out.
(d) the size and nature of water-works, mains, service- mains, pipes or channels to be constructed or laid by the Board of Councillors for the supply of water.
(e) the maintenance of municipal water-works and of pipes and fittings in connection therewith.
(f) the size and nature of the stand-posts or pumps to be erected by a Municipality and of the ferrules and all pipes, standpipes, stop-clocks, taps, h
The Board of Councillors may make regulations, not inconsistent with provisions of this Act and the rules made thereunder for carrying out the purposes of this Chapter.
The Municipality shall provide and maintain a system of drainage or sewerage as well as a safe and sufficient outfall in or outside the municipal area.
(1) All public drains and all drains in, alongside, or under any public street, whether made out of Municipal Fund or otherwise and all trunk-sewers, sewage treatment plants, drainage and pumping stations and all works, materials and things appurtenant to the drainage system, which are situated within the municipal area, shall vest in the Municipality.
(2) For the purpose of enlarging, deepening or otherwise repairing or maintaining any drain as aforesaid, so much of the sub-soil appertaining to the drain as may be necessary shall be deemed to vest in the Municipality.
(3) The Municipality may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping station and other materials and things appurtenant thereto to any agency belonging to the Government or a statutory body and it shall be lawful for such agency to exercise control over all such items for their maintenance and dev
(1) All drains, sewers, privies, water-closets, toilets, house-gullies, gutters and cesspools within the municipal area, whether private or public, shall be under the survey and control of the Board of Councillors.
(2) All covered drains, sewers and cesspools, whether public or private, shall be provided with proper taps, coverings or other means of ventilation and the Chairman may, by written notice, call upon the owner of any such covered drains, sewers and cesspools to make provision accordingly.
The Executive Council shall provide for the municipal drains to be cleansed, flushed and emptied from time to time.
The Executive Council may, for the purpose of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of sewage, construct, operate, maintain, develop and manage any plant or other device within or outside the municipal area.
Subject to the sanction of the State Government and the rules made in this behalf, the Board of Councillors, either singly or jointly with any other local authority, may, within or without a municipal area:
(a) construct or maintain a system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations.
(b) from time to time, alter the size and course of, or otherwise modify or discontinue, close up or remove, the system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations.
The Board of Councillors may carry any drain, sewer or channel of any kind for the purpose of establishing or maintaining a system of drainage or sewerage upon, across, under or over any street or public place and after giving a reasonable notice in writing to the owner or the occupier, upon, across, under, over or up the side of any private land or building whatsoever, situated within the limits of a municipal area and, for the purpose of the outfall of sewage, or for drainage outfall, without such limits and may, at all times, do all acts and things which may be necessary or expedient for repairing or maintaining any such drain, sewer or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used:
Provided that in the case of sudden water-logging of any area within a municipal area or any nuisance, the Executive Council may, if considered necessary so to do in the interest of publi
The owner or the occupier of a building or land shall be entitled to cause his drains to empty into the municipal drains after obtaining the written permission of the Chairman and he shall comply with such conditions as the Chairman may deem fit to impose to the communications between private drains and municipal drains.
No person shall, without the written consent of the Executive Council first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any water-course, street or land vested in the Municipality and the Executive Council may cause any drain or branch drain, so made or altered, to be demolished, altered, remade or otherwise dealt with at the expenses of the persons making or altering such drain.
If it appears to the Executive Council that a group or block of buildings may be drained more economically and advantageously in combination than separately and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within the reasonable reach of such group or block of buildings, the Executive Council may cause, such group or block of buildings to be so drained and the expenses thereby incurred shall be recovered from the owners of such buildings in such proportions as the Executive Council may deem fit.
The Executive Council may, by written notice, require drainage to be provided for any un-drained premises and also require separate provisions to be made for drainage or sewage and other offensive matters as distinct from rain-water and other unpolluted sub-soil water in accordance with such regulations as the Board of Councillors may make in this behalf.
(1) If, any time, it appears to the State government that any drainage works or sewerage works, executed under the provisions of this Chapter, or vested in the Municipality, are maintained or worked in an imperfect, inefficient or unsuitable manner, the State Government may, by written order, direct the Municipality within the period specified in the order to show cause why the drainage work or sewerage works with all plants fittings and appurtenances thereof should not be handed over for such period as the State Government may fix to the control and management of such agency belonging to the Government or a statutory body as may be specified in the order.
(2) If cause is not shown within the period specified in order issued under sub-section (1) or the cause shown appears untenable, the State Government may, by order, direct the drainage works or sewerage works with all plants, fittings and appurtenances thereof shall be handed over for such p
(1) No person shall:
(a) construct a building, wall, fence or any structure or any private street over any municipal drain, culvert or gutter or bed, bank or embankment of any sewage works or storm water channel vested in the Municipality.
(b) otherwise encroach upon drainage and sewerage system in the municipal area:
Provided that the Board of Councillors may give consent to any such construction only for the purpose of securing access to any abutting land or building on such conditions as the Board of Councillors may think fit to impose.
(2) The Chairman may, without notice, cause to be removed or altered, any building, wall, fence or structure constructed in contravention of the provisions of this section or any unauthorized encroachment, whatsoever, at any time for reason to be recorded in writing.
(3) The Chairman by written notice may require any
The, State Government may make rules to provide for:
(a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expense of the Municipality.
(b) the power of the Board of Councillors or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution.
(c) the size and other particulars of drains, sewerage or channels to be constructed or laid for drainage or sewerage.
(d) the manner in which connections with the drainage or sewerage system shall be constructed, altered or maintained, the fees to be levied for such connections and the persons by whom such fees shall be payable and the agency to be employed for such construction, alteration or maintenance.
(e) the items o
The Board of Councillors may make regulations:
(a) requiring every person, who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Municipality with such plans and other particulars as may be determined and providing for conditions for giving and refusing of sanction to such application.
(b) providing for the materials, size, slope, level or position of drains generally and their construction, repair and maintenance.
(c) not inconsistent with this Act and the rules made there under, to provide for any item not specifically laid down but which is necessary to carry out the purposes of this Act.
It shall be the duty of the Board of Councillors to take such measures as are necessary for preventing or checking the spread of any dangerous disease in the municipal area or of any epidemic disease among any animal therein by way of mass inoculation, vaccination, immunization and disinfection.
Any person being in charge of, or in attendance upon, whether as a medical practitioner or otherwise, any other person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information as respects the existence of such disease to the Chairman.
The Chairman may at any time, by day or by night and without notice or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, cause inspection of any place in which any dangerous disease is reported or suspected to exist and take such measures as he may think fit to prevent the spread of such disease beyond such place and shall forthwith submit a report to the State Government.
(1) If the Chairman is of opinion that the cleansing or disinfection of any building or any part thereof or of any article in such building or part thereof will tend to prevent or check the spread of any dangerous disease, he may by notice require the owner or the occupier to cleanse and disinfect such building or part thereof or of any article therein in such manner and within such time as may be specified in the notice.
(2) The Chairman may, if he thinks fit, cause such cleansing or disinfection to be done by the employees of the Municipality and may by notice require the occupier of such building or part thereof to vacate the same for such time as he may specify in the notice.
(3) The cost of cleansing or disinfecting under sub-section (2) shall be paid:
(a) in the case of any building or any part thereof or any article contained therein, by the occupier of such building or part thereof.
(1) Where the destruction of any building, structure, hut or shed is, in the opinion of the Executive Council, necessary to prevent the spread of any dangerous disease, it may by notice in writing require the owner to destroy the building, structure, hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Executive Council is satisfied that the destruction of any building, structure, hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, it may order the owner or the occupier thereof to destroy the same forthwith or may cause it to be destroyed after giving not less than six hours' notice to the owner or the occupier, as the case may be.
(3) Compensation may be paid by the Board of Councillors, in such case as it may think fit, to any person who sustains substantial loss by the destruction of any such building, structure, hut
The Chairman may, on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold, prepared, stored or exposed for sale, being a lodging house or place in which case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Chief Medical Officer of Health of the District certifies that it has been disinfected or is free from infection.
When the Municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Chairman may, by public notice, restrict in such manner, or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink or drug for human consumption, or the sale of any fish, flesh, fruit or vegetable of any description, or the use of any container or packages, as may be specified in the notice.
If the Chairman is of opinion that the water in any tank or other place is likely to endanger human life or cause the spread of any disease, he may:
(a) by public notice prohibit the use of such water for consumption.
(b) by notice in writing require the owner or the person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having excess to, or from using, such water.
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(1) In the case of any municipal area or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animal therein, the Chairman, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose may, with the previous approval of the Board of Councillors:-
(a) take such special measures, which may extent to destruction of the sources of infection like foodstuff, drugs, drinks, flesh, fish, fruits, vegetables, articles, containers, packages or clothing, as may be necessary and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary.
To prevent the outbreak or spread of the disease:
Provided that where, in the opinion of the C
Where any person dies from any dangerous disease, the Chairman may, by notice in writing:-
(a) require any person having charge of the corpse to carry the same to mortuary for being disposed of in accordance with law.
(b) prohibit the removal of the corpse from the place where death occurred, except for the purpose of being burnt or buried or being carried to a mortuary.
No person shall, while suffering from, or in circumstances in which he is likely to spread, any dangerous disease:-
(a) make, carry or offer for sale, or take any part in business of making, carrying or offering for sale, any article of food or drink of any medicine or drug for human consumption or any article of clothing or bedding for personal use or wear.
(b) take any part in the business of washing or carrying of clothes.
No person shall:-
(a) knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place.
(b) having the care of a person who he knows to be suffering from a dangerous disease, cause or permit such person to expose other persons to the risk of infection by his presence or conduct in any street of place as aforesaid.
(c) place or cause to be placed in or dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.
Subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969), the Board of Councillors shall cause registration of births and deaths taking place within the municipal area and extracts of information therefrom shall be supplied, on application, in such form of a certificate and on payment of such fees as may be determined by regulations.
It shall be the duty of the father or the mother of every child born within the municipal area or, in default of the father or the mother, of any reaction of the child living in the same premises or, in default of such relation, of the person having charge of the child to give, to the best of his or her knowledge and belief, to the officer empowered in a municipal area in this behalf, within twenty one days of such birth, information containing such particulars as may be required under the Registration of Births and Deaths Act, 1969:
Provided that:-
(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give any information under this Act containing the particulars of birth of such child and the officer empowered under this section shall not enter in the register name of any person as father of such child except at the joint request of the mother and of the person acknowledging
In case any new-born child is found exposed, it shall be the duty of any person finding such child or of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under Section 316, within eight days of finding of such child, such information containing the particulars of birth of such child as such person possesses.
It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying within the municipal area and, in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which, to his knowledge, the death took place and, in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give, to the best of his knowledge and belief, to the officer specially empowered in this behalf for the area within which the death took place, information containing such particulars as may be required under the Registration of Births and Deaths Act, 1969:
Provided that:
(a) if the cause of death is known to be dangerous disease, the information as aforesaid shall be given within twelve hours of
In the case of a person who had been attended in his last illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognizant of the death of such person, sign and forward to the officer specially empowered in this behalf a certificate of the cause of death of such person in such form as may, from time to time, be specified by the State Government and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner.
It shall be the duty of the police to convey every unclaimed corpse to a registered burial or burning ground or other place for disposal of the dead or to a duly appointed mortuary and to inform thereafter the officer specially empowered in this behalf within whose jurisdiction such corpse was found.
No sexton or keeper of a registered burial or burning ground or other place for disposal of the dead, whether situated within the municipal area or not, shall bury, burn or otherwise dispose of or allow to be buried, burnt or otherwise disposed of any corpse of unclaimed dead body unless such corpse is accompanied by a certificate signed by a police officer or any other officer authorized by the State Government in this behalf.
(1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, but which is not vested in, or owned by, the Municipality or any board appointed by the State Government for administration of such place, shall apply to the Board of Councillors within a period of three months from the commencement of this Act to register the name of such place and the Board of Councillors shall cause the same to be registered.
(2) Such application shall be accompanied by a plan of the place to be registered, showing the locality, boundaries and extent of the same and shall bear the signature of a responsible officer of the concerned Department of the State Government or other recognized authority in token of its having been prepared by or under the supervision of such officer. The application shall also contain information as regards the name of the owner or the person or the community interested the
(1) If any existing place for the disposal of the dead appears, at any time, to be insufficient, the Board of Councillors shall, with the sanction of the State Government, provide other fit and convenient place, either within or outside the municipal area, for the said purpose and shall cause the same to be registered under the provisions of this Chapter.
(2) All the provisions of this Act or the rules or the regulations made there under shall apply to any place provided under sub-section (1) outside the municipal area and vesting in the Municipality, as if such place were situated within the municipal area.
(1) No place, which has not previously been lawfully used or registered as a place for the disposal of the dead, shall be opened by any person for the said purpose without the written permission of the Board of Councillors who, with the approval of the State Government, may grant or withhold such permission.
(2) Such permission may be subject to such conditions as the Board of Councillors may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood.
(3) No place for the disposal of the dead, which has fallen into disuse, shall be used again as such.
(1) Where the Board of Councillors, after making, or causing to be made, any local enquiry, is of opinion that any burning or burial ground or other place for the disposal of the dead has become offensive to, or dangerous to the health of, person residing in the neighbourhood or for any other reasons to be recorded in writing, it may, with the previous approval of State Government and by notice in writing, require the owner or the person in charge of such ground or place to close the same from such date as may be specified in the notice.
Provided that before issuing the notice, a reasonable opportunity shall be afforded to the owner to show cause why the building should not be removed:
Provided further that the Board of Councillors shall make compensation to the owner for any building so removed which may have been erected under proper authority.
(2) No corpse shall be burnt or buried or otherwise
If, any time after inspection, the Board of Councillors is of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of this Chapter or under any other law or authority, has by lapse of time, become no longer injurious to health and may, without inconvenience or risk of danger, be again used for the said purpose, it may direct that such place may be reopened for the disposal of the dead.
(1) No person shall, without the written permission of the Board of Councillors under sub-section (2):-
(a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, of any place of worship.
(b) make any interment or otherwise dispose of any corpse in any place which is closed under the provisions of this Chapter.
(c) build or dig, or cause to be built or dug, any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered under this Chapter.
(d) exhume any body from any place for the disposal of the dead except under the provisions of the Code of Criminal Procedure, 1973 (2 or 1974), or any other law for the time being in force.
(2) The Board of Councillors may, in special cases, grant permission for any of the purposes as afor
No person shall:-
(a) retain a corpse on any premises without burning, burying or otherwise lawfully disposing of the same for so long a time after death as to create a nuisance:
Provided that after the expiration of not less than twenty-four hours from the death of any person, the Board of Councillors may, with the assistance of the police, if necessary, cause the corpse of such person to be burnt or buried. In every such case the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets, if any, of the deceased:
Provided further that the Board of Councillors may charge from the person or persons responsible for the disposal of the dead body such fees as may be determined by regulations.
(b) carry a corpse or a part of a corpse along any street without having the same decently covered or without taking such precautions to prev
(1) Whenever any animal in charge of any person dies, the person in charge thereof shall, within twenty-four hours, either:-
(a) convey the carcass to a place provided or appointed under this Act for the final disposal of carcasses of dead animals.
(b) give notice of the death to the Chairman whereupon he shall cause the carcass to be disposed of.
(2) The Board of Councillors may charge such fees as may be determined by regulations for the disposal of the carcass of a dead animal under clause (b) of sub-section (1).
(1) The Board of Councillors may, with the sanction of the State Government, declare any area as slum and define the external limits of such slum and may, from time to time, alter such limits.
(2) The Board of Councillors shall maintain a list of all slums within the municipal area with such particulars thereof as may be determined by regulation.
(1) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may, subject to the approval of the State Government, prepare such improvement schemes for any slum for the purpose of effecting environmental or general improvement of slums as it may consider necessary and publish a copy of such scheme in such manner as may be determined by regulation.
(2) The improvement scheme may include lay-out plan for the entire slum or a part of it, relocation of existing huts or structures on the basis of such lay-out plan, diminution of individual holdings and compulsory acquisition of land or building for the purpose of providing common facilities and amenities in the slum area, temporary shifting or inhabitants and their re-settlement in phased manner with a view to augmenting such civic amenities and services as the Board of Councillors may decide.
(3) While preparing any improvement
After the publication of an approved improvement scheme, under sub-section (1) of Section 331, the Board of Councillors shall cause a notice to be served on such owners or occupiers of huts and structures within the slum as are on municipal record, inviting participation in the implementation of the scheme.
Notwithstanding anything contained elsewhere in this Act, the Board of councillors may require a person intending to erect a hut or structure within a slum to conform to the lay-out plan as may be prepared by the Board of Councillors in respect of any slum or any part thereof.
(1) Where it appears to the Board of Councillors that any block of buildings is it an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, the Chairman shall cause the block to be inspected by a responsible Engineer in the State Government or municipal service who shall make a report in writing regarding the sanitary condition of the block.
(2) If, upon receipt of such report, the Board of Councillors considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or to endanger otherwise the community health or safety, it may select the building which, in its opinion, should wholly or in part be removed in order to abate the unhealthy condition o
(1) Where the Board of Councillors, upon information in its possession, is satisfied that any building is, in any respect, unfit for human habitation, it may, unless, in its opinion, the building is not capable of being rendered fit at a reasonable expenses, serve upon the owner of the building a notice requiring him to execute the works of improvement specified in the notice within such period, not being less than sixty days, as may be specified in the notice.
(2) In addition to the service of notice on the owner of the building under sub-section (1), the Board of Councillors may serve a copy of the notice on any other person having an interest in the building, whether as a lessee or mortgagee or otherwise.
(3) If a notice requiring the owner of the building to execute the works of improvement is not complied with, then, after the expiration of the period specified in the notice, the Board of Councillors may execute the
Where the Board of Councillors, upon information in its possession, is satisfied as respects any area within a municipal area:-
(a) that the buildings in that area are, by reason of disrepair or sanitary defects, unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area.
(b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an area development programme, it may frame a project in respect of the area in accordance with the rules made in this behalf.
An area development project may provide for such matters as may be prescribed by rules.
(1) The provisions of this Chapter in so far as they relate to the implementation of an improvement scheme in slum, shall apply mutatis mutandis in the case of execution of an area development project, subject to such directions and reservations as the State Government may by a notification impose.
(2) The Board of Councillors may, if it considers necessary and with the sanction of the State Government, provide for corporate funding for execution or maintenance of an area development project and channelise fund through an association of inhabitants or voluntary organization of the area and also secure financial resources from banks or similar institutions to augment such fund which may be administered by such association in accordance with such procedure as may be prescribed.
Subject to the provisions of this Act, the Board of Councillors may acquire any land or building, whether situated within or outside the municipal area, for the purpose of:-
(i) opening out any congested or unhealthy area or otherwise improving any portion of the municipality area.
(ii) erecting sanitary dwelling or providing site and services for the working and poorer people.
(iii) executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community.
(1) The State Government may, by notification, declare an area to be an Urban Development Region of a Municipality comprising:
(i) the area within the jurisdiction of the Municipality.
(ii) such other fringe areas adjoining and around the municipal area as may be deemed necessary to be included therein by the State Government.
(2) Whenever an Urban Development Region of a Municipality has been so declared, the Municipality may prepare a master plan for upgradation of the human settlements within such region.
(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 and 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.
(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) The Master Plan may provide for any oth
(1) Earmarking of land for urban poor:
(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 square meters, either land may be reserved for EWS and LIG or shelter fee, as prescribed by the appropriate Government, may be collected as the case may be.
(c) All residential layouts of extent below 1000 square meters may be exempted from reservation of land as well as payment of shelter fee.
(1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Committee or Urban Development Committees for any area or areas outside the municipal area.
(2) Whenever any Urban Development Committee is constituted, it shall be incumbent upon the Board of Councillors to consult it in all matters of preparation of any master plan and entrust to it all items of implementation so far as they relate to areas outside the municipal area.
(3) Constitution of High Powered Committee for Implementation of Master Plans - In order to effectively coordinate and monitoring of implementation of various proposals in the Master Plan and Detailed Strategic Zonal/Ward Development Plan and Zoning Regulations, a High Powered Committee may be constitut
(1) All planning and developmental activities in an Urban Development Region under this Chapter shall be normally carried out under the supervision and control of the Board of Councillors of the concerned municipality, subject to such directions and reservations as the State Government may by a notification impose.
(2) The Board of Councillors may, by a written notice, require the owner or the occupier of any land or building situated within an Urban Development Region to submit particulars relating to land or building and such other information, as the Board of Councillors, may deem necessary.
(3) It shall be incumbent upon every owner or occupier to comply with the requirement of the notice under sub-section (2) and to carry out all instructions given by the Board of Councillors in furtherance of the provisions of this Chapter.
(4) The Board of Councillors may, in carrying out the purpose of this
The State Government may make rules providing for:
(a) the procedure of functioning of an Urban Development Committee.
(b) the method of preparation and enforcement of a master plan.
(c) the conditions of involvement of voluntary organizations.
(d) such other matters as may be necessary to carry out the provisions of this chapter.
(1) With effect from such date as the State Government may by notification, appoint, there shall be a Commission, to be called the Mizoram State Election Commission, consisting of a State Election Commissioner appointed by the Governor under clause (1) of article 243-K of the Constitution.
(2) If:-
(a) the State Election Commissioner is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office.
(b) a vacancy occurs in the office of the State Election Commissioner by reason of death, resignation or expiry of the term of his office, removal or otherwise, then, the Governor shall, by notification, designate an officer of the State Government who shall act as the State Election Commissioner during the period of such temporary inability or pending the appointment a State Election Commissioner, as the case may be.
(3)
(1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the Municipalities shall vest in the State Election Commission:
(2) 1Notwithstanding 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.
(3) Subject to the provisions of sub-section (1) all matters relating to or in connection with, elections to the Municipalities shall be regulated in accordance with the provisions of this Act and the rules made thereunder.
__________________________________
1. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.
For the purpose of preparation of electoral rolls for election to Municipalities in accordance with the provisions of Section 28, 29, 30, 31 and 32 and the Rules made under this Act, the State Election Commissioner shall, in consultation with the State Government, appoint an officer of the State Government to be the Municipal Electoral Registration Officer for one or more Municipalities and such number of officer of the State Government as may be necessary to be the Assistant Municipal Electoral Registration Officers, for one or more Municipalities.
(1) 1For the purpose of preparation for and conduct of election to the Municipalities in accordance with the provision of this Act and the Rules made thereunder, the State Election Commissioner shall, appoint such officer of the State Government to be the:
(a) District Municipal Election Officer for every district.
(b) Municipal Returning Officer for one or more Municipalities.
(2) Subject to the direction and control of the State Election Commissioner, the District Municipal Election Officer shall appoint such number of officers of the State Government to be the Assistant Municipal Returning Officers for one or more Municipalities.
(3) Subject to such rules as may be made by the State Government in this behalf, the Municipal Returning Officer shall appoint such number of persons to be the:
(a) Presiding Officer.
(b) Pol
(1) The State Election Commission shall have such staff, made available to it by the Governor when so requested by it, as may be necessary for the discharge of the functions conferred on it by sub-section (1) of Section 4 and sub-section (1) of Section 5.
(2) The terms and conditions of service of the members of the staff made available to the State Election Commission by the Governor shall be regulated in accordance with the rules regulating the terms and conditions of service of the employees of the State Government for the time being in force.
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.
_________________________________
2. Substituted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
(1) The State Government shall, under appropriation made by the State Legislative by law in this behalf, pay to the State Election Commission by way of grant such sums of money and in such manner as the State Government may think fit for being utilized for the purposes of this Act.
(2) The State Election Commission may spend such sums of money as it thinks fit for· performing the functions under this Act and such sums of money shall be treated as expenditure payable out of the grant referred to in sub-section (1).
(1) The Governor shall constitute every five year a State Finance Commission to review the financial position of the Municipalities at all levels and to make recommendation to the Governor as to:-
(a) the principles which should govern:-
(i) the distribution between the Government and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the Government which may be divided between them under this Act and allocation between the Municipalities at all levels, of their respective shares of such proceeds.
(ii) the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropriated by the Municipalities.
(iii) the grants-in-aid to the Municipalities from the consolidated Fund of the State.
(b) the measures needed to improve the financial position of the Municipalities.
(
(1) The State Government may constitute a Municipal Appellate Tribunal for hearing and disposal of an order passed by an officer of the municipality, which shall be appealable under the Act and any Rules framed thereunder.
(2) The Municipal Appellate Tribunal may consist of a Chairman and such other members not exceeding five or as the State Government may provide by Rules framed under the Act including the qualifications thereof.
(3) All members of the Tribunal shall be below the age of seventy (70) years.
(4) The Chairman may constitute one or more separate benches, each bench comprising of two or more members, one of whom shall be a Judicial Member and may transfer to any such bench any appeal for disposal or may withdraw from any such bench any appeal before it is finally disposed of.
(5) Where a separate bench is constituted under the sub-section (4), the Judicial Member
(1) Any person dissatisfied with any order passed under this Act or any Rules framed here under may prefer an appeal before the Tribunal.
Provided that such appeal shall be presented to the Tribunal within forty-five days from the date of service of and shall be accompanied by a copy of the said aggrieved order.
(2) No appeal under this section shall be entertained unless any dues to the municipality determined under the aggrieved order by the municipality are deposited with the municipality.
(3) The provisions of Part II and Part III of the Limitation Act, 1963 (36 of 1963) relating to appeal shall apply appeal preferred under this section.
(4) The decision of the Tribunal with regard to any valuation or assessment of revenue shall be final and no suit or proceeding shall lie in any Civil Court in respect of any matter, which has been or may be referred to or has been decid
The Board of Councillors or any officer or other employee of the Municipality authorized by the Board of Councillors or empowered by or under this Act in this behalf may enter into or upon any land or building with or without assistants or workmen:-
(a) for the purpose of ascertaining whether, in connection with the land or the building, there is or has been any contravention of the provisions of this Act or the rules or the regulations made there under.
(b) for the purpose of ascertaining whether or not circumstances exist which render it necessary, or require the Board of Councillors or any officer or other employee of the Municipality authorized or empowered in this behalf, to take any action or execute any work under this Act or the rules or the regulations made there under.
(c) for the purpose of taking any action or executing any work authorized or required by this Act or the rules or the regu
(1) The Board of Councillors or any person authorized by it or empowered by or under this Act in this behalf may enter upon any land within one hundred metres of any work authorized by or under this Act with or without assistants or workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be and compensation shall be payable by the Municipality in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land or to both for any such damage, whether permanent or temporary.
(1) It shall be lawful for the Board of Councillors or any person authorized by it or empowered by or under this Act in this behalf to make any entry into any place and to open or to cause to be opened any door, gale or other barrier:
(a) if he considers the opening of such door, gate or other barrier necessary for the purpose of such entry.
(b) if the owner or the occupier is absent or, being preset, refuses to open such door, gate or other barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Board of Councillors or the person authorized or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated to witness the entry into such place or the opening of such door, gate or other barrier and may issue an order in writing to them or to anyo
Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry into any place authorized by or under this Act shall be made except between the hours of sunrise and sunset:
Provided that if the Executive Council is satisfied that the erection of any building ,or the execution of any other work has been commenced, or is being carried on, in any premises in contravention of the provisions of this Act or any other evasion of the provisions of this Act or the rules or the regulations made thereunder is being committed between the period of sunset and sunrise, it may, for reasons to be recorded in writing, enter such premises during such period to make an inspection thereof and take such action as may be necessary under this Act.
Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without giving the owner or the occupier thereof, as the case may be, not less than twenty-fours hours' written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the Executive Council considers, for reasons to be recorded in writing, that there is immediate urgency for such entry and the service of a written notice may defeat its purpose.
Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Chairman or any officer of the Municipality authorized in this behalf by the Board of Councillors and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within such locality or by advertisement in local newspapers or by publishing the same otherwise as the Executive Council may think fit.
Save as otherwise provided in this Act or the rules or the regulations made thereunder, any sum due to the Municipality on account of any charge, cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were a property tax:
Provided that no proceeding for the recovery of any such sum under this section shall be commenced after the laps of three years from the date on which such sum becomes due.
The Board of Councillors may:-
(a) initiate, or withdraw from, any proceedings against any person who is charged with:-
(i) any offence under this Act or the rules or the regulations made thereunder.
(ii) any offence, which affects or is likely to affect any property or interest of the Municipality.
(b) institute, or withdraw from, or compromise, any proceedings under this Act.
(c) contest or compromise an appeal against assessment of any property tax or other tax.
(d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Municipality.
(e) defend or compromise any suit or other legal proceeding or claim brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in
No suit shall be instituted in any court having jurisdiction against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality in respect of any act done or purporting to be done under this Act or the rules or the regulations made thereunder until after the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person, stating:
(a) the cause of action.
(b) the name and residence of the intending plaintiff.
(c) the relief which such plaintiff claims.
No suit shall be maintainable against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or of a Magistrate in respect of anything done lawfully and in good faith and with due regard to the provisions of this Act or the rules or the regulations made thereunder.
(1) The Director General or Inspector-General of Police, Mizoram and the police-officers subordinate to him shall:-
(a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area.
(b) assist the Board of Councillors, the Executive Councilor the Chairman or any officer or other employee of the Municipality in carrying out any order made by a Magistrate under this Act.
(2) It shall be the duty of every police-officer:-
(i) to communicate without delay to the Chairman or any officer of the Municipality any information which he receives in respect of any design to commit, or any commission of, any offence under this Act or the rules or the regulations made thereunder.
(ii) to assist the Board of Councillors, the Executive Councilor the Chairman or any o
A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the lawful keeper thereof or other person authorized by the Chairman in this behalf, be admissible in evidence of the existence of such document or entry and shall be admitted as evidence of the matters and the transactions therein recorded in every case where and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.
No officer or other employee of the Municipality shall, in any legal proceeding to which the Board of Councillors is not a party, be required to produce any register or document the contents of which can be proved by a certified copy or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorized by this Act or the rules or the regulations made there under.
No person shall, without any authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the Board of Councillors or any municipal authority or any officer or other employee of the Municipality empowered in this behalf.
(1) No person shall, without any authority in that behalf, remove earth, sand or other material form, or deposit any matter in, or make any encroachment on, any land vested in the Municipality, or in any way obstruct such land.
(2) No person shall interfere with, or encroach upon, or otherwise damage, any property belonging to, or vested in, the Municipality.
(1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provision of this Act are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette and shall, unless some later date is appointed by the State Government, came into force on the date such publication.
The State Government, on its own or on the recommendation of a Municipality or number of Municipalities, may be notification add to, amend, or alter any Schedule to this Act.
(1) The Board of Councillors may, after previous publication, in accordance with, the subject to, the provisions of sub-section (2) make Regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.
(2) (a) A notice relating to the draft regulations shall be published in one or more of the local newspapers circulated within the jurisdiction of the Municipality to which such regulations relate or, if there be no such newspaper, in such manner as the Board of Councillors may direct.
(b) Such draft shall not be further proceeded with until the expiration of a period of one month from the date of such publication or such longer period as the Board of Councillors may decide.
(c) For not less than one month during such period, a copy of such draft shall be kept in the office of the Municipality for public inspection and any person s
No regulation made by the Board of Councillors under this Act shall have any validity unless and until it is approved by the State Government.
(1) If the State Government is, at any time, of opinion that any regulation made by the Board of Councillors under this Act should be cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Board of Councillors and shall appoint a reasonable period, not less than fifteen days, within which the Board of Councillors may make such representation with regard thereto as it may think fit.
(2) On receipt and consideration of any such representation or, if no such representation is received, after the expiry of the period as aforesaid, the State Government may, at any time, by notification, cancel or modify such regulation either wholly or in part.
(3) The cancellation or modification of any regulation under sub-section (2) shall take effect from such date as the State Government may specify in the notification under that sub-section or, if no such date is specified,
(1) Any rules or regulation made under this Act provide that a contravention thereof shall be punishable:-
(a) with one which may extend to one thousand rupees.
(b) with an additional fine in the case of a continuing contravention, which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(c) with additional fine which may extend to fifty 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 this 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 this Act.
(1) A copy of all rules and regulations made under this Act shall be kept at the office of the Municipality and shall, during office hours, be open, free of charge, to inspection by any inhabitant of the municipal area.
(2) Copies of all such rules and regulations shall be kept at the office of the Municipality and shall be sold to the public at such price as the Board of Councillors may determine.
If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Chairman shall refer the matter to the State Government and the decision of the State Government thereon shall be final.
(1) The State Government may, with regard to the Municipalities generally or to any Municipality or group of Municipalities in particular and subject to such conditions or restrictions as it may deem fit to impose, by notification, delegate to the Director of Local Bodies or the District Magistrate or the Sub-divisional Magistrate any of the powers vested in, or the functions imposed upon, the State Government by or under this Act and thereupon, the Director of Local Bodies or the District Magistrate or the Sub-divisional Magistrate shall exercise such powers or perform such functions as if he were the State Government.
(2) 1[* * *]
_______________________________
1. Deleted vide GOM Notification No. H-12018/120/03-LJD, dated 19.11.2009
(1) The Director of Local Bodies or the District Magistrate or the Sub-divisional Officer in addition to the power or functions delegated to him, may:
(a) inspect, or cause to be inspected, any immovable property owned, used or occupied by the Municipality or any work in progress under the direction of a municipal authority.
(b) inspect or examine any department of the Municipality or any office, service, work or thing under the control of the Board of Councillors.
(c) record, in writing, for the consideration of the Board of Councillors, any observation he thinks proper in regard to the proceedings or duties of any of the municipal authorities.
(2) For the purpose of inspection or examination, the Director of Local Bodies or the District Magistrate or the Sub-divisional Officer may require the Chairman or any officer of the Municipality:-
(a) to produce
The State Government may, at any time:
(a) call for any document in the possession or under the control of the Chairman or any Officer of the Municipality.
(b) require the Chairman or any Officer of the Municipality to furnish any return, plan, estimate, statement, account, report or statistics, or any information whatsoever.
Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of the Municipality and all registers, books, accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the State Government may appoint in this behalf.
(1) The State Government may, after giving the Board of Councillors a reasonable opportunity of being heard, annul any proceeding or resolution or order which it considers to be not in conformity with the provisions of this Act or the rules made thereunder and may do all things necessary to secure such conformity:
Provided that pending the hearing to be given to the Board of Councillors, the State Government may suspend the operation of such proceeding or resolution or order.
(2) The State Government, on receiving any information that the Board of Councillors or any other municipal authority is about to pass an order or instruction or implement any act in excess of any power conferred by this Act, may forthwith prohibit the passing of such order or instruction or implementation of such act and such prohibition shall be binding on the Municipality:
Provided that the State Government shall immediate
(1) If, at any time, it appears to the State Government that the Board of Councillors has made default in performing any duty including the duty in relation to the Municipal Fund imposed on it by or under this Act or any other law for the time being in force, the State Government may, by order in writing, fix a period for due performance of such duty.
(2) If such duty is not performed within the period so fixed, the State Government may, in the public interest, by order do, or cause to be don by any Officer of the State Government or any authority appointed by it, anything for due performance of such duty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force.
(1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order.
(2) If the Board of Councillors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answer do not convince the State Government, or where more than two- thirds of the total number of Councillors holding office for the time being have for any reason, resigned the State Government my dissolve the Board of Councillors by an order published in the Official Gazette with effect
(1) The State Government may require the Municipalities to be integrated with such authorities at the level of the district, region or state for the purpose of coordination of planning and development, as it may deem fit and proper.
(2) When so required, it shall be the duty of the Municipality to participate in such process of co-ordination in accordance with such procedure as the State Government may determine.
(3) 1Having regard the provision of Article 234-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 impleme
If any dispute arises on any matter between the Board of Councillors and any other local authority or between the municipal authority themselves, such dispute shall be referred to the State Government whose decision thereon shall be final and shall not be questioned in any court.
Save as otherwise provided in this Act, whoever contravenes any provision of any of the elections, sub-sections, clauses or provisos as mentioned in Schedule or fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any of the aforesaid provisions, shall be punishable:
(i) with fine which may extend to the amount, or with imprisonment which may extend to the period, specified in that behalf in column 3 of the said schedule or with both.
(ii) in the case of a continuing contravention or failure with an additional fine which may extend to the amount specified in column 4 of the said schedule for every day during which such contravention or failure continues after conviction upon first such contravention or failure.
(1) if any provision or provisions of this Act is or are found overlapping or in conflict with any provision or provisions of the Aizawl Development Authority Act, 2005 (Act No. 9 of 2005) or any other law or laws which are in force in any municipal area in the State of Mizoram, the provision or provisions of this Act shall prevail and have overriding effect over such overlapping or conflicting provision or provisions of such Act or laws.
(2) Notwithstanding anything contained in this Act or in any other Law for the time being in force in Mizoram, when in any area a municipality is set up under this Act and is in position to discharge its functions, it shall be the duty of the State Government to assign, in phased manner, to the municipality such functions which have been taken up by any Development Authority or other body of similar nature under the provisions of the Aizawl Development Authority Act, 2005 or any other law of similar nature ope
(1) With effect from the date of commencement of this act in such area or areas as the State Government may, by notification, determine, the Lushai Hills District (Village Council) Act, 1953 and the Mizo District (Administration of Town Committees) Act, 1955 shall stand repealed in such area or areas as declared for the operation of this Act.
(2) Notwithstanding such repeal, all orders issued and all actions taken or purported to be issued or taken under the said Acts, shall be deemed to have been issued or taken, or purported to be issued or taken, under this Act.
(3) Notwithstanding such repeal, all the Rules made under the provisions of the Mizo District (Administration of Town Committees) Act, 1955 which are in force immediately before the commencement of this Act and which are not inconsistent with the provisions of this Act, shall be deemed to have been made under this Act and all officers and employees appointed un
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
