MIZORAM MUNICIPALITIES ACT, 2007

MIZORAM MUNICIPALITIES ACT, 2007

Preamble .

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Declaration of intention to constitute a municipal area

S.4 Publication of declaration

S.5 Consideration of objection

S.6 Constitution of municipal area

S.7 Classification of municipalities

S.8 Power to determine the number of wards in municipal areas

S.9 Power to abolish or alter the limits of a municipal area

S.10 Power to exempt municipal area from operation of any provisions of the Act unsuited thereto

S.11 Municipal authorities

S.12 The Municipality

S.13 Constitution of the Municipalities

S.14 Executive Council

S.15 Chairman

S.16 Election of Chairman and Vice-Chairman

S.17 Terms of office of Chairman

S.18 Vice-Chairman

S.19 Members of Executive Council

S.20 Delegation of powers and functions

S.21 Term of Office of Members of Executive Council

S.22 Terms of office of Councillors

S.23 Ward Committee

S.24 Formation of Special Committee

S.25 Constitution of Joint Committee

S.26 Holding of general election

S.27 Election of the Municipality

S.28 Electoral roll for a municipal ward

S.29 Condition for registration as a voter

S.30 Disqualification for registration in an electoral roll

S.31 Appeal

S.32 Offences in respect of electoral roll

S.33 Right to vote

S.34 Qualifications for election as a Councillor

S.35 General disqualifications for a Councillor

S.36 Election of ineligible persons and disqualifications subsequently incurred

S.37 Voting

S.38 Corrupt practices

S.39 Penal provision for corrupt practices

S.40 Prosecution and appeal

S.41 Orders of disqualification

S.42 Election petition and procedure

S.43 Setting aside of election

S.44 Scrutiny of votes and declaration or confirmation of result

S.45 Bar to jurisdiction of Courts

S.46 Fresh election when an election is set aside

S.47 Saving of acts done by a Councillor before his election is set aside

S.48 Power of State Government to remove disqualifications or modify terms thereof

S.49 Oath of allegiance to be taken by Councillors

S.50 Oath of secrecy to be taken by Chairman, Vice-Chairman and members of Executive Committee

S.51 First meeting of the Board of Councillors

S.52 Meeting of the Board of Councillors

S.53 Quorum

S.54 Record and publication of the proceedings

S.55 Remuneration and allowances

S.56 Powers to make regulations as to business and affairs

S.57 Functions of Municipality

S.58 Discretionary functions of the Municipality

S.58(a) .

S.58(b) .

S.58(c) .

S.59 Transfer of functions of State Government

S.60 Power to transfer any function of Municipality under the Act to the State Government or to any organization

S.61 Municipal establishments

S.62(a) Cadre of common municipal service, appointments, conditions of service, etc.

S.62(b) Other employees of a municipality

S.63 Municipal Service Selection Board

S.64 Salaries and allowances of officers and employees

S.65 .

S.66 Compulsory retirement of municipal officers and other employees

S.67 Power to declare essential service in municipalities

S.68 Appointment of officers of State Government for Municipalities

S.69 Powers and functions of Executive Officer and Finance Officer

S.70 Classification, control and appeal

S.71 .

S.72 Municipal Fund

S.73 Custody of Municipal Fund

S.74 Application of Municipal Fund

S.75 Exclusive use of fund for a particular purpose

S.75(a) Constitution of Basic Services to the Urban Poor Fund

S.76 Financial assistance from the State Government

S.77 Loans

S.78 Power to incur expenditure beyond the limits of a Municipality

S.79 Power to acquire and hold property

S.80 Vesting of property

S.81 Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.

S.82 Compulsory acquisition of land

S.83 Special provisions for acquisition of lands adjoining streets

S.84 Disposal of property

S.85 Inventory of properties of the Municipality

S.86 Annual Budget Estimates of a Municipality

S.87 Power to alter budget grants

S.88 Annual financial statement

S.89 Balance-sheet

S.90 Appointment and power of the Auditor

S.91 Audit report

S.92 Executive Council to remedy the defects upon audit report

S.93 Power of the State Government to enforce an order upon audit report

S.94 Special audit

S.95 Internal audit

S.96 Municipal Accounts Committee

S.97 Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality

S.98 Power to the Municipality in respect of control of public streets, etc.

S.99 Rights of way for underground utilities

S.100 Power to maintain maps of underground utilities

S.101 Power to acquire lands and buildings for public streets, public parking places and transportation terminals

S.102 Power to prescribe building line and street alignment

S.103 Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line

S.104 Power to take possession of and add to street, land situated within street alignment or covered by projecting buildings

S.105 Power to setting back building to regular line of street

S.106 Power of compulsory setting back of building to regular line of street

S.107 Setting forward of building to regular line of street

S.108 Payment of compensation

S.109 Projected public streets

S.110 Power to prohibit use of public streets for certain kind of traffic

S.111 Temporary closure of public street

S.112 Closure of public street for parking purposes

S.113 Sanction of Board of Councillors to projection over streets and drains

S.114 Removal of encroachments over public streets, etc.

S.115 Penalty for encroachment of street or open space

S.116 Prohibition of causing damage to street or street furniture

S.117 Board of Councillors may require owners of land to repair damage to street, etc.

S.118 Naming and numbering of streets and numbering of premises

S.119 Power to require owner to upgrade private street

S.120 Power to access over private street

S.121 Power to take over private streets

S.122 New private street

S.123 Layout plans

S.124 Lighting of streets and public places and measures for lighting

S.125 Power to take measures for generation of electricity

S.126 Power to prohibit removal etc. of lamps

S.127 Building site and construction or reconstruction of buildings

S.128 Application to construct or reconstruct buildings

S.129 Necessity for prior approval of site

S.130 Prohibition against commencement of work without permission

S.131 Period within which Executive Council is to grant or refuse to grant permission to execute work

S.132 Reference to Board of Councillors if Executive Council delays grant or refusal of approval or permission

S.133 Grounds on which approval of site for or licence to construct or reconstruct building may be refused

S.134 Lapse of permission

S.135 Power to Executive Council to require alteration of work

S.136 Application of provisions to alterations and additions

S.137 Demolition or alteration of building work unlawfully commenced carried on or completed

S.138 Troughs and pipes for rain water

S.139 Ruinous or dangerous building

S.140 Filthy buildings etc.

S.141 Deserted and offensive building

S.142 Buildings at comers of roads

S.143 Permission for certain projections

S.144 Power to enter and inspect buildings

S.145 Appeal against order of Executive Council

S.146 Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules

S.147 Power of State Government to make separate building Law

S.148 Removal of sewage, offensive matter and rubbish

S.149 Establishment and implements for removal of sewage, offensive matter and rubbish

S.150 Appointment of dumping pits and dumping grounds

S.151 Power of the Chairman to specify time of collection of rubbish, etc.

S.152 Duties of owners and occupiers to collect and deposit rubbish, etc.

S.153 Prohibition of improper disposal of carcasses, rubbish and filth

S.154 Prohibition against keeping filth on premises too long

S.155 Prohibition against allowing outflow of filth

S.156 Prohibition against using any cart without cover in the removal of filth

S.157 Prohibition against throwing rubbish or filth on streets and into drains

S.158 Provision of public latrines and urinals

S.159 Permission for construction of latrine or urinal near road, tank or water-course

S.160 Provision of latrines by owner or occupier

S.161 Provision of latrines for labourers

S.162 Provision of latrines for markets, cart stands, cattle sheds, eating house etc.

S.163 Latrines to be screened from view and kept clean

S.164 Duty of every person to maintain cleanliness

S.165 Precautions in case of dangerous structures

S.166 Power to stop dangerous quarrying

S.167 Precautions against fire

S.168 Prohibition of construction of well, tanks without the permission of the Executive Officer

S.169 Filling in of pools, etc. which become a nuisance

S.170 Cleansing of unsanitary private tank or well used for drinking

S.171 Duty of Executive Council in respect of public well or receptacle of stagnant water

S.172 Prohibition against or regulation of washing animals or clothes in public water courses, tanks

S.173 Removal of filth or noxious vegetation

S.174 Prohibition against feeding certain animals on filth

S.175 Prohibition against keeping animal so as to be nuisance or dangerous

S.176 Power to destroy stray pigs and dogs

S.177 Power to Executive Officer to use or sell materials of dangerous structure taken down, etc. and procedure when there is no owner or occupier

S.178 Licenses for places in which animals are kept

S.179 General powers of control over stables, cattle-sheds and cow-houses

S.180 Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house

S.181 Purposes for which places may not be used without licence

S.182 Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed

S.183 Grant or refusal of licence

S.184 Approval of State Government to be obtained

S.185 Limit of workers to be employed

S.186 Control and restriction

S.187 Permission deemed to have been granted if not received within sixty days

S.188 Exemption from Sections 184 and 185

S.189 Executive Council may issue directions for abatement of nuisance caused by steam or other power

S.190 Power of the State Government to pass orders or give directions to Municipalities

S.191 The Executive authority may enter any factory, workshop or workplace

S.192 Provision of municipal slaughter-houses

S.193 Licence for slaughter-houses

S.194 Slaughter of animals during festivals and ceremonies

S.195 Slaughter of animals for sale as food

S.196 Regulation of milk trade

S.197 Public markets

S.198 Powers in respect of public markets

S.199 Control of the Executive Council over public markets

S.200 Licence for private market

S.201 Fee for licence

S.202 Sale in unlicensed private markets

S.203 Powers of Executive Council in respect of private markets

S.204 Suspension or refusal of licence in default

S.205 Prohibition against nuisances in private markets

S.206 Power to close private markets

S.207 Acquisition of rights of private persons to hold private markets

S.208 Prohibition against sale on public roads

S.209 Decision of disputes whether places are markets

S.210 Enumeration of ordinary taxes and powers of control of State Government

S.211 Duty on transfers of property

S.212 Notification of new taxes

S.213 Saving for certain provisions of the Constitution

S.214 Description and classes of property tax

S.215 Levy of property tax on a direction by Government

S.216 Method of assessment of property

S.216(a) Classification of lands and buildings and determination of unit area values

S.216(b) Multiplicative factors to determine annual property values

S.217 General exemptions

S.218 Classification of municipal area for the purpose of taxation

S.219 Property tax a first charge on property

S.220 .

S.221 Vacancy remission

S.222 Obligation of transferor and transferee to give notice of transfer

S.223 Owner's obligation to give notice of construction, reconstruction or demolition of building

S.224 Remission of tax in areas included or excluded in the middle of a half-year

S.225 Power of Executive Officer to call for information and to enter upon premises

S.226 Profession tax

S.227 Liability of member of firm, association and joint Hindu families to profession-tax

S.228 Liability of servants or agents to profession tax

S.229 Service of Notice on failure of payment of tax

S.230 Statements, returns etc. to be confidential

S.231 Requisition on owner or occupier to furnish list of persons liable to tax

S.232 Requisition on employers or their representatives to furnish list

S.233 Deduction of profession tax from salary or wages or other sum

S.234 Powers on carriage and animals

S.235 General provision regarding tax on carriage and animals

S.236 Liability to tax according to period for which carriage or animal has been kept

S.237 Exemptions

S.238 Composition

S.239 Grant of licence on payment of tax

S.240 Power to require numbers to be affixed to bicycles, etc.

S.241 General provision regarding cart tax

S.242 Power to remit tax

S.243 Seizure of vehicle not bearing numbers

S.244 Prohibition of advertisement without written permission of Chairman

S.245 Licence for use of site for the purpose of advertisement

S.246 Tax on advertisements

S.247 Presumption in case of contravention

S.248 Power of Chairman in case of contravention

S.249 Fine for not paying tax on advertisement

S.250 Manner of recovery of taxes under the Act

S.251 Incidence of property tax

S.252 Presentation of bill

S.253 Amount of tax payable and tax to be paid in advance

S.253(a) Default in submission of Returns

S.254 Notice of demand and notice fee

S.255 Recovery of tax

S.256 Distress

S.257 Disposal of distrained property

S.258 Attachment and sale of immovable property

S.259 Fee for distraint and attachment

S.260 Recovery from a person about to leave jurisdiction of Municipality

S.261 Sale of movable property situated beyond limits of municipal area

S.262 Recovery under Public Demand Recovery Act

S.263 Distraint not unlawful for want of form

S.264 Occupiers to pay rent towards satisfaction of property tax

S.265 Recovery of tax from unauthorized occupier of land or building

S.266 Recovery of property tax on land or building or any other tax or charge in the case of unknown owner of land or premise or disputes ownership

S.267 Taxes not invalid for defect of form

S.268 Writing off irrecoverable dues

S.269 The Municipality to provide water-supply

S.270 Public tanks, sub-soil water, etc. to vest in the Municipality

S.271 Construction of water works

S.272 Power to lay or carry pipes through public or private land

S.273 Control of constructions on land through which water-main etc. passes

S.274 Power to permit connection to houses and lands

S.275 Power to require water-supply to be taken

S.276 Water supply through hydrants, stand-posts and other conveniences

S.277 Vesting of private connections to premises in the Municipality

S.278 Owner to bear expenses of repairs of works connected with the supply of water

S.279 Permission to person outside the municipal area to take water

S.280 Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc.

S.281 Water not to be wasted

S.282 Power to cut off or to turn off supply of water to premises

S.283 Digging of wells etc. without permission prohibited

S.284 Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes

S.285 Analysis of water for drinking or culinary purposes

S.286 Power to make rules

S.287 Power to make regulations

S.288 The Municipality to provide drainage, sewerage, etc.

S.289 Public drains, trunk-sewers etc. to vest in the Municipality

S.290 Control of Board of Councillors over drainage

S.291 Cleaning of drains

S.292 Provision for treatment and disposal of sewage

S.293 Construction or maintenance of drainage and sewerage systems etc.

S.294 Power of Board of Councillors to lay or carry pipes through private and public land

S.295 Use of public drains by private owners

S.296 Power to order demolition of drain constructed without consent

S.297 Draining of group or block of buildings etc. by combined operation

S.298 Power to enforce drainage of un-drained premises and separate drainage in any premises

S.299 Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work

S.300 Encroachment on municipal drains

S.301 Power to make rules

S.302 Power to Board of Councillors to make regulations

S.303 Board of Councillors to take measures for prevention and checking of dangerous diseases

S.304 Obligation to give information of dangerous disease

S.305 Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease

S.306 Power of Chairman to cause disinfection of building, tank, pool or well

S.307 Power of Chairman to destroy infectious buildings, structures, huts or sheds

S.308 Power of Chairman to close lodging and eating houses

S.309 Power of Chairman to restrict or prohibit sale of fish, flesh, food, drink, articles, etc.

S.310 Control over well and tanks, etc.

S.311 Special measures in case of outbreak of dangerous or epidemic disease

S.312 Disposal of infectious corpses

S.313 Prohibition of making or selling of food etc. or washing of clothes by infected persons

S.314 Duty of persons suffering from dangerous disease

S.315 Registration of births and deaths

S.316 Information of births

S.317 Information respecting finding a new-born child

S.318 Information regarding death

S.319 Medical practitioner to certify cause of death

S.320 Duties of police in regard to unclaimed corpse

S.321 Sextons, etc. not to bury, etc. corpse

S.322 Registration of places for disposal of the dead

S.323 Provision for and registration of, new places for disposal of the dead

S.324 Permission for opening new place for disposal of the dead or reopening of place

S.325 Power to require closing of burning and burial grounds

S.326 Power to direct reopening of any place closed for the disposal of the dead

S.327 Prohibition regarding burials within places of worship and exhumation

S.328 Acts prohibited in connection with disposal of dead

S.329 Disposal of dead animals

S.330 Power of Board of Councillors to define and alter limit of bustee or slum

S.331 Power to prepare improvement schemes

S.332 Notice for participation of owners and occupiers

S.333 Lay-out plan for sanction of erection of hut or structure in a slum

S.334 Removal of congested buildings

S.335 Power to require improvement of buildings unfit for human habitation

S.336 Area development

S.337 Matters to be provided in an area development project

S.338 Execution of an area development project

S.339 Power to acquire land or building for orderly growth

S.340 Power of Municipality to plan for the region

S.341 Preparation of master plan and detailed strategic zonal/ward development plan and zoning regulations

S.341(a) Reservation of Land for Housing to Economically Weaker Sections (EWS) and Low Income Groups (LIG)

S.342 Urban Development committee

S.343 Board of Councillors in charge of Urban Development Region

S.344 Power to make rules

S.345 State Election Commission

S.346 Elections to the Municipalities

S.347 Appointment of officers for preparation of electoral rolls for election to Municipalities

S.348 Appointment of officers for preparation for and conduct of election to Municipalities

S.349 Staff of State Election Commission

S.350 2Fixing date and time for poll

S.351 Grant by State Government

S.352 State Finance Commission

S.352(a) Municipal Appellate Tribunal

S.352(b) Appeal

S.353 Powers of entry and inspection

S.354 Power to enter land or adjoining land in relation to any work

S.355 Breaking into building

S.356 Time of making entry

S.357 Notice for entry

S.358 Public notice how to be made known

S.359 Recovery of certain dues of Municipality

S.360 Power to institute etc. legal proceedings and obtain legal advice

S.361 Notice, limitation and tender of relief in suits against Board of Councillors etc.

S.362 Indemnity

S.363 Co-operation of the police

S.364 Admissibility of document or entry as evidence

S.365 Evidence of officer or other employee of Municipality

S.366 Prohibition against removal of mark

S.367 Prohibition against removal or obliteration of notice

S.368 Prohibition against unauthorized intermeddling with property of the Municipality

S.369 Power to make rules

S.370 Power to amend Schedule

S.371 Power to make Regulations

S.372 Regulations to be subject to approval of State Government

S.373 Power to State Government to cancel or modify regulations

S.374 Penalty for breach of rules or regulations

S.375 Rules and regulations to be available for inspection and purchase

S.376 Doubts as to powers, duties or functions of municipal authorities

S.377 Delegation of power by the State Government

S.378 Supervision by Director of Local Bodies

S.379 Power to State Government to call for documents, returns or information from Chairman or any Officer of Municipality

S.380 Inspection of municipal works and institutions by Government officers

S.381 Power to suspend action under the Act

S.382 Power to State Government in case of default

S.383 Power of the State Government to intervene in case of gross neglect of serious irregularity

S.384 Co-ordination for purpose of planning and development

S.385 Dispute

S.386 Penalties and punishment

S.387 Overriding effect

S.388 Repeal and saving

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