NAGALAND MUNICIPAL ACT, 2001
Whereas it is expedient to provide for organisation and administration of urban areas;
It is hereby enacted in the fifty-second year of the Republic of India as follows: —
(i) This Act may be called the Nagaland Municipal Act, 2001.
(ii) It extends to the whole of Nagaland
(iii) It shall come into force on such date as the Government may, by a notification, appoint.
In this Act unless the context otherwise requires: —
(1) “Annual Value” means the value of any land or building fixed in accordance with the provisions of this Act and the regulations made thereunder for the purpose of assessment to property taxes;
(2) “Audit Authority” means the authority prescribed under section 109;
(3) “Balance sheet” means the balance sheet of the Municipality prepared under section 107;
(4) “Budget estimate” means the budget estimate of the Municipality prepared under section 101
(1) The Government may, after making such inquiry, as it may deem fit, and having regard to —
(a) The population of any urban area;
(b) The density of population therein;
(c) The revenue generated for the local administration of such area;
(d) The percentage of the employment in non-agricultural activities;
(e) The economic importance of such area; and
(f) Such other factors, as may be considered relevant;
Any inhabitant of any part of a local area specified in a notification published under Section 3, may, if he objects to anything contained, in the notification, submit his objection in writing through the Deputy commissioner to the State Government within a period of 30 days from the date of publication of the notification and the Government shall consider all such objections.
Provided no objection shall be deemed to be raised in regard to the limit of the Urban area already specified as Town committee area under sub-section 4 of section 2 of the Assam Tribal Areas (Ad
On the expiry of a period of 30-Days from the date of publication of the notification issued under Section 3 and after consideration of the objections submitted under section 4, the Government by notification, declare and specify such area or part thereof to be Municipal Council area or Town Council area or Urban Station Committee area, as the case may be.
(1) The Government after consultation with the Municipal Council or Town Council, as the case may be, by notification, declare its intention
(a) To include within the Municipal Council area or Town Council area, any area adjacent thereto; or
(b) To exclude from the Municipal area or Town Council area, any area comprised therein; or
(c) To withdraw any urban area from the operation of this Act.
(2) Every such notification shall define the limits of the area to which it relates.
The Municipal Authorities for the purpose of giving effect to the provisions of this ‘Act in Municipal Council area shall be, —
(i) The municipal council
(ii) The Chairperson
(iii) The Executive Officer.
(1) For every Municipal Council area, there shall be constituted a municipal council.
Provided that a Municipal Council may not be constituted for such area or part thereof as the Government may, having regard to the size of the area and the Municipal services being provided by an industrial establishment in that area and such other factors as the Government may think fit and subject to such conditions as the Government may think fit to impose, by notification, specify to be industrial township.
Provided further that if the Government is of the opinion that the industr
(1) Every Municipal Council shall be elected, ex-officio and nominated members.
(2) The Government may, by notification, divide the Municipal Council area into territorial constituencies to be known as wards for the purpose of filling up the seats in the Municipal Council by direct election.
(3) Members of the State Legislative Assembly representing Legislative Assembly Constituencies, which comprise wholly or partly the municipal Council area shall be ex-officio members.
(4) The Government shall, by notification, nominate such number
Every Municipal Council, unless sooner dissolved, shall continue for 5 years from the date appointed for its first meeting and no longer.
Provided that the first meeting shall be convened as soon as possible and in no case later than 6 months from the date on which the election of the members is notified by the State Election Commission.
The term of office of the members of Municipal Council shall be coterminous with the duration of Municipal Council.
(1) The Municipal Council shall elect one of it’s elected members to be the Chairperson in the manner as may be prescribed in this behalf.
(2) The Municipal Council may also elect one of its elected members to be Deputy Chairperson in the manner under sub-Section (1).
(3) The election under sub-section 1 and 2 shall be conducted at a meeting of Municipal Council to be convened immediately after the meeting held for making and subscribing oath or affirmation by the members but not later than 6 months from the date on which the election of members is notified by the Sta
The term of the Officer of Chairperson or Deputy Chairperson shall be conterminous with the duration of Municipal Council unless he has ceased to be a member or he has vacated by resignation or removal.
The term of the Officer of Chairperson or Deputy Chairperson shall be conterminous with the duration of Municipal Council unless he has ceased to be a member or he has vacated by resignation or removal.
(1) The Chairperson/Deputy Chairperson may, at any time, by writing under his hand addressed to the Deputy Commissioner, resign his office.
(2) A copy of the resignation shall be sent to the Executive Officer for placing before the municipal council.
(3) The resignation shall take effect on the expiry of a period of fifteen days from the date of the delivery of resignation to the Deputy Commissioner.
Provided that the Chairperson or Deputy Chairperson, as the case may withdraw his resignation within t
(1) The Chairperson or Deputy Chairperson may be removed from Office by the Municipal Council by adopting a motion expressing want of confidence in the Chairperson or Deputy Chairperson in accordance with the laid down in this section.
(2) Written notice of the intention to move a motion of no confidence in the Chairperson or Deputy Chairperson, signed by not less than open half of the total number of members serving at the relevant time excluding the ex-officio members and the nominated persons along with a copy of the motion, shall be delivered by any two members, signing the notice to the Deputy Co
(a) When the Chairperson or Deputy Chairperson prima facie appears to be guilty of —
(i) Encroachment or unauthorised occupation on any Municipal property or land, or
(ii) Acting against the financial interest of Municipality, or
(iii) An heinous crime or an offence involving moral turpitude and has remained under detention for more than 48 hours, or
(iv) Where the continuation in office is prejudicial to public interest, suspend the Chairperson or Deputy Chairperson.
Notwithstanding anything contained in section 13, the Chairperson or Deputy Chairperson may be removed from office by the Government at time, by an order in writing or any ground or grounds mentioned in section 16 on the ground of misuse of his power or on persistent failure to perform his duties.
Provided that before passing any such order a reasonable opportunity of being heard shall be given to the Chairperson or Deputy Chairperson.
(1) Where a Chairperson or Deputy Chairperson
(a) Resigns his office, or
(b) Ceases to be member, or
(c) Is removed from office by a motion of no confidence, or
(d) Is removed from office by the Government,
(2) A person removed from office of Chairperson or Deputy Chairperson by Government under section 17 shall not eligible for re-election during the duration of the Municipal Council.
(3) The provisi
The authorities for the purpose of giving effect to the provisions of this Act in Town Council area shall be, —
(a) Town Council,
(b) Chairperson
(c) Executive Officer
(i) For every Town Council area there shall be constituted a Town Council.
Provided that a Town Council may not be constituted for such area or part thereof as the Government may, having regard to the size of the urban area and the municipal services being provided by an industrial establishment or the Government machinery in that area and such other factors as the Government may think fit and subject to such conditions as the Government may think it fit to impose, by notification, specify to be an industrial township.
Provided further that if the Government is of the
(1) Every Town Council shall have the elected, ex-officio and nominated members
(2) The Government may, notification, divide the Town Council area into territorial constituencies to be known as wards for the purpose of filling up the seats in the Town Council by direct election.
(3) Members of the State Legislative Assembly representing Legislative Assembly constituencies, which comprise wholly or partly the Town Council area shall be ex-officio members.
(4) The Government shall, by notification, nomi
Where an area is specified as Town Council area under Section 5 the provisions of section 10, 11, 12, 13, 14, 15, 16, 17 and 18 shall apply to Town Council area as if Town Council so constituted were a Municipal Council.
(1) For the purpose of election of members under section 9 or section 21, as the case may be, the Government shall, having regard to population, extent of the area and geographical area, divide the municipal council, or town council into territorial constituencies to known as ‘wards’ and each ward shall elect only one member.
(2) Delimitation of wards shall be done in such manner that
(a) The localities included in a ward are contiguous and form a compact territorial block,
(b) The population of all the wards as far as practicable, is
(1) An election to constitute Municipal Council or Town Council shall be complete —
(a) Before the expiry of its duration specified under section 10 or
(b) Before the expiry of a period of six months from the date of its dissolution.
(2) The first election to a Municipal Council or Town Council, shall be held within a period of six months from the date of its constitution.
(1) Subject to the provisions of this Act and the Rules made thereunder, the Government may, by notification, direct that a general election to a Municipal Council or Town Council or to fill a casual vacancy of a member, shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Municipal Councils or Town Councils.
(2) As soon as a notification is issued under subsection (1, the State Election Commission shall take necessary steps for holding such election.
(1) If any elected member of a Municipal Council or Town Council intends to resign his office, he shall submit his resignation in writing to the Government.
(2) Some resignation may be withdrawn within fourteen days from the date of receipt of acknowledgement by the elected member, failing, which the resignation shall be accepted.
(3) If the resignation is not withdrawn and is accepted by the Government, it shall be notified in the Official Gazette.
Not withstanding any law for the time being in force, the Government may suspend a member.
(i) Where a member prima-facie appears to be guilty of —
(a) Encroachment or unauthorised occupation any Municipal property or land or
(b) Acting against the financial interests of Municipal Council or Town Council
(c) An heinous crime or an offences involving moral turpitude has remained under detention for more than 48 hours; or
(ii) Where the continuation of a member as such
The Government may, by notification, remove any member of a Municipal Council or Town Council, if it is of the opinion that
(a) Any of the grounds for suspension mentioned in section 27 has been provided against him, or
(b) He has flagrantly abused his position as a member, or
(c) He has, through negligence or misconduct, been responsible for any loss or misapplication of any money or property of Municipal Council or Town Council, or
(d) He has failed to pay arrears of any kind due to the Municipal Co
(1) Whenever a vacancy occurs by death or the election of a member is declared void, the chairperson of the Municipal Council or Town Council shall inform the Government of such vacancy.
(2) Whenever a vacancy occurs by death, resignation and removal or otherwise of an elected member or the election of an elected member is declared void, the vacancy shall be filled by fresh election.
(3) The person so elected shall hold office only so long as the person, in whose place is elected, would have held, had the vacancy not occurred.
(1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the Municipal Council or Town Council shall be vested in the State Election Commission consisting of an Election Commissioner to be appointed by the Governor. (2) The conditions of service and tenure of the Election Commissioner shall be such as the Governor may by rules prescribed. Provided that the Election Commission shall not be removed from Office except in the like manner and on the like grounds as a Judge of a High Court and the condition For every ward there shall be an electoral roll, which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.S.31 Election Roll
(1) The Electoral roll for each ward shall be prepared and revised by an electoral officer who shall be such officer of the Government or Municipal Council or Town Council as the Election Commission may, in consultation with the Government, designate or nominate on this behalf.
(2) To assist the electoral registration officer in discharge of his function under sub section (1) The Election Commissioner may employ such person as it thinks fit.
The persons entitled to be registered as electors in the electoral roll of the Assembly constituency in the State as relates to the area comprised within a war shall be entitled to be registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (Act No. 43 of 1950) shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of an assembly constituency.
(1) The Electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:
Provided that if the Election Commission is satisfied that, instead of preparing a fresh electoral roll of a ward before a the assembly constituency for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of the assembly constituency for the tim
If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of any ward —
(a) Is erroneous or defective in any particular; or
(b) Should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward; or
(c) Should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is othe
(1) Any person whose name is not included in the electoral roll of ward may apply to the electoral registration officer for the inclusion of his name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that Officer shall, on receipt of the informatio
An appeal shall lie within such time and in such manner as may be prescribed by rules to the Election Commission from any from any order of the electoral registration officer under section 35 or section 36.
(a) To entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or
(b) To question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the Election Commission.
A person shall not be qualified to be chosen as a councillor unless he has attained the age of twenty-one years and his name is registered as an elector in the electoral roll for a ward.
(1) A person shall be disqualified for being chosen as, and for being, a member,
(a) If he is of unsound mind and stands so declared by a competent court;
(b) If he is an un-discharged insolvent;
(c) If he is not a citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(d) If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State;
(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a member from that ward.
The names of all persons elected as councillors shall, as far as maybe, after each election, be published by the Election Commission simultaneously in the Official Gazette.
(1) No election of a member of Municipal Council or Town Council shall be called in question except by an election petition presented to the Election Tribunal, appointed by the Govt. in this behalf, within fifteen days of the date of the publication of the result of election under section 42.
(2) An election petition calling in question any such election may be presented under any of the grounds specified in section 45 by any candidate at such election by an elector of the ward concerned or any member.
(3) A petitioner shall join as respondents to his petition all the
(1) A petitioner may claim —
(a) A declaration that the election of all or any of the returned candidates is void, and
(b) In addition thereto, a further declaration that he himself or any other candidate has been duly elected.
(2) The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under section 42.
(1) Subject to the provisions of sub-section (2) if the Election Tribunal is of opinion —
(a) That on the date of his election a returned candidate was not qualified or was disqualified, to be chosen a number of under this Act, or
(b) That any corrupt practice has been committed by a returned candidate or his agent or by any by other person with the consent of a returned candidates or his agent, or
(c) That any nomination paper has been improperly rejected, or
(d) That the result of the election, in s
The spirit of the code of Civil Procedure, 1908 in regard to suits shall be followed by the Election Tribunal in the trial and disposal of an election petition under this Act.
(1) AT the conclusion of the trial of an election petition, the Election Tribunal shall make an order —
(a) Dismissing the election petition; or
(b) Declaring the election of all or any of the returned candidates to be void; or
(c) Declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidates to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candid
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the Election Tribunal shall decide between them by lot and proceed as if the one on whom the lot falls bad received an additional vote.
(1) An order of the Election Tribunal on an election petition shall be final and conclusive.
(2) An election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.
The following shall be deemed to be corrupt practices for the purposes of this Act: —
(1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951).
(2) Undue influence as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag
(1) Every Officer or clerk, agency or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not except for some purpose authorised by or under any law communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to three months or with fine, or with both.
(1) No person shall, on the date or dates on which a poll is taken at any polling station:
(a) Use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker; or
(b) Shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,
so as to cause annoyance to any person visiting the
(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so rem
(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in c
(1) Any person who at an election fraudulently takes or attempt to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person o
(1) A person shall be guilty of an electoral offence if at any election he—
(a) Fraudulently defaces or destroys any nomination paper; or
(b) Fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) Fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or
(d) Without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in posse
The Government may make rules to provide for or to regulate all or any of the matter for the purpose of preparation, revision and maintenance of electoral rolls of wards and holding election of members of the Municipal Council or Town Council under this Act.
(1) Member of a Municipality, other than an ex-officio member, shall, before assuming his duties as Member, make and subscribe an oath or affirmation of his allegiance to the Constitution of India in the form, as may be prescribed in this behalf.
(2) Such oath or affirmation shall be made and subscribed before the Deputy Commissioner or an officer not below the rank of Extra Assistant Commissioner to be nominated by the Deputy Commissioner.
No person shall sit and vote as an elected member before he has complied with the requirements of section 57A.
Every Municipal shall meet for transaction of business at least once in every month on such day and at such time as may, from time to time, be fixed by regulations.
(1) The Chairperson or in his absence the Deputy Chairperson of a Municipal Council or Town Council may convene an ordinary or special meeting at any time.
(i) Whenever he thinks fit and
(iii) On a requisition specifying in writing for the purpose of meeting and signed by not less than one-third of the total numbers of the members, excluding the nominated members.
(2) If the Chairperson or Deputy Chairperson, as the case may be, fails to convene a meeting within a period of seven days from the date of the receipt of requisition, the
(1) Every meeting of the Municipality, other than an emergent meeting, shall be either on ordinary or a special meeting.
(2) Any business may be transacted at an ordinary meeting unless required by the Act or Rules to be transacted at a special meeting.
(3) When a special and an ordinary meeting are called on the same day, the special meeting shall be held as soon as the quorum is present.
(1) Subject to other provisions of this Act, the quorum necessary for transaction of business shall, —
(a) In the case of an ordinary meeting, be one-third and
(b) In the case of a special meeting, be one-half of the total elected members actually serving at the time.
Provided that the quorum necessary of a meeting for removal of Chairperson shall be one-half of the total number of elected members.
(2) Notwithstanding any contained in sub section (1), if at an ordina
(1) The Chairperson or in his absence the Deputy Chairperson of Municipal Council or Town Council shall preside over the meeting.
Provided that the Chairperson or Deputy Chairperson shall not preside over the special meeting when the meeting has been concerned for considering a motion for his removal.
(2) In the absence of Chairperson or Deputy Chairperson, as the case may be, the members present in the meeting shall elect one from amongst themselves to preside over the meeting.
Except as otherwise provided in this Act or the Rules made thereunder, all questions which come before any meeting of a municipality shall be determined by a majority of vote of the members present and voting.
Provided that the presiding officer of the meeting, in case of equality of votes, shall have a second or a casting vote.
No member shall vote at a meeting of the Municipality or a committee thereof on any question relating to his own conduct or vote or take any part in any discussion on any matter, other than a matter affecting generally the residents of the Municipal area for which the Municipal Council or Town Council, as the case may be, has been constituted or any particular wards thereof, which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property for which he is a manager or an agent.
(1) The Presiding Officer at a meeting of the Municipality shall preserve order thereat and shall have such power, as may be prescribed for the purpose of enforcing his decisions.
(2) The Presiding Officer at a meeting may direct any member whose conduct is, in his opinion, grossly disorderly, to withdraw immediately from the meeting and the member, so directed to withdraw, shall do forthwith and shall absent himself during the remainder of the meeting, failing which such member shall be liable to be removed under section 28 on ground of misconduct.
(1) In the case of grave disorder arising in a meeting of the Municipality, the Presiding Officer may adjourn the meeting or suspend any sitting for a time to be mentioned by him and the reasons for such adjournment or suspension shall be recorded in the Proceedings Book.
(2) No adjournment other than that are referred to in sub section (1) shall be made without the consent of at least one-half of the members presents.
The members shall be entitled to receive for attendance at the meeting of Municipality and the Committees thereof allowances at such rates and such honorarium and facilities, as may be prescribed.
The Chief Officer of a Municipality and such other officer of the Municipality, as authorised by the Municipality in this behalf, may attend, speak or otherwise take part in the proceedings, of any meeting of the municipality or any of its committees but shall not be entitled to vote in any such meeting.
Every Municipal Council shall, having regard to the availability of financial resources, make reasonable and adequate provisions for the following maters within its territorial area by any method or measure, which it may lawfully use or take, namely: —
(a) Regulation of land-use and construction of buildings
(b) Planning for economic and social development
(c) Sanitation conservancy and solid waste management
(d) Urban forestry, protection of the environment and promotion of ecological aspects.
Subject to the financial resources at the disposal and organisational capacity of a Municipal Council, the Government may, by notification, assign such further functions relating to any other matters in the Twelfth Schedule to the Constitution of India, as may be specified, to the Municipal Council.
Subject to the financial resources at the disposal and organisational capacity of a Town Council, the Government may, by notification, assign any of the functions of Municipal Council specified under section 58 or any other matter in the Twelfth Schedule to the Constitution, as may be specified, to the Town Council.
Subject to the provision of this Act and the rules made the thereunder, the administration of Municipal Council area or Town Council area shall vest in the Municipal Council or the Town Council constituted in the respective areas.
(1) The Chairperson of Municipal Council or Town Council shall exercise such powers and perform such functions, as are conferred upon him by or under this Act and the rules and regulation made thereunder.
(2) The Chairperson shall preside over the meetings of the Municipal Council or Town Council.
(3) The Chairperson shall exercise general supervision and control over the functioning of Municipal Council or Town Council.
(4) The Chairperson shall have access to the records of the Municipal Council or
If the Chairperson is satisfied that an emergency has arisen due to flood, epidemic, earthquake, outbreak of extensive fire, riot or extensive damage to any municipal property and is of the opinion that immediate execution of any work or doing of any act, which ordinarily requires the approval, sanction, consent or concurrence of the Municipal Council or Town Council is necessary, the Chairperson may direct the execution of such work or the doing of such act without such approval, sanction, consent or concurrence and in such case, he may direct the expenses for such execution or doing of the act, shall be paid from the municipal fund
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or removal or otherwise, the Deputy Chairperson shall act as the Chairperson until the date on which a new Chairperson assumes office.
(2) When the Chairperson is unable to perform his functions owing to absence, illness or any other cause, the Deputy Chairperson shall perform the functions of Chairperson until the date on which the Chairperson resumes his office.
(3) The Deputy Chairperson shall, while acting as or p
There shall be Executive Officer in each Municipal Council and Town Council.
The Government shall appoint Executive Officer in accordance with the procedure as maybe prescribed in this behalf.
The Executive Officer shall be paid out of the Municipal fund of Municipal Council or Town Council, as he case may be, such monthly salary and allowances, as may be fixed by the Government from time to time and may be given such facilities like residential accommodation and conveyance, as may be prescribed by the Government.
(1) The Executive Officer shall:
(a) Carry out the day-to-day administration of the Municipal Council or Town Council.
(b) Exercise the powers and perform the functions specifically conferred or imposed upon him by or under this Act and rules made thereunder.
(c) Assign the duties and supervise and control the acts and proceeding of all Officers and employees of the Municipal Council or Town Council.
(2) All Officers and employees of the Municipal Council or Town Coun
All orders and instruments made and executed in the name of a Municipal Council or Town Council, shall be authenticated in such manner, as may be prescribed and the validity of such orders or instruments, so authenticated shall not be called in question on the ground that it is not an order or instrument, made or executed by the Municipal Council or Town Council.
(1) If any doubt arises as to whether any particular or function appertains to any Municipal authority, the matter shall be referred to the Government for decision.
(2) The Government shall convey its decision on the matter referred to in sub-section (1) to the Municipal Council or Town Council.
(3) The decision of the Government conveyed under sub-section (2) shall be final and binding on the Municipal Council or Town Council.
Save as otherwise provided in this Act, the exercise of any powers or the performance of any function conferred or imposed upon Municipal Council or Town Council, as the case may be, and its respective authority by or under this Act, which involve an expenditure shall be subject to the following conditions, namely: —
(a) Such expenditure in so far as it is incurred in the year in which such power is exercised or such functions is performed shall be provided for under the budget-grants for that year, and
(b) If the exercise of such pow
(1) Notwithstanding anything contained in this Act or any other law for the time being force, the Government may, in consultation with Municipal Council or Town Council and subject to such conditions as the Government may think fit to impose, transfer, by an order published in the Official Gazette, to that Municipal Council or Town Council, any function or duty of the Government under any law, which the Legislative Assembly of the State is competent to enact or which is otherwise within the executive power of the State and which appears to be related to the matter arising within the area of such Municipal Council or Town Council.
<(1) The Municipal Council or Town Council, as the case may be, may, with the previous approval of the Government, create posts of different categories as may be necessary for exercising powers or performing functions of the Municipal Council or Town Council.
(2) The Government may in consultation with municipalities, make rules for regulating the method of recruitment, qualifications required for recruitment, the conditions of service, discipline and control of employees, their duties and functions and their classification into different categories on the basis of their duties and responsibilities and
(1) The Government may at any time require any municipal authority of a municipality, or the Chief Officer of the Municipality, —
(a) To produce any record, correspondence, plan or other documents in its possession or under his control;
(b) To furnish any report, return, plan, estimate, statement, accounts or other statistics relating to the proceedings, duties or works of the municipality or any municipal authority,
for the purpose of inspection and thereupon the municipal authority or the Chief Officer, as the case may be, shall com
The Government may depute any of its officers to inspect or examine any department, office, service, work or property of the Municipality and to report thereon, and such officer may, for the purpose of such inspection or examination, exercise all the powers of the Government under section 74.
(1) The Government may, by order in writing, stating the reasons therefore, annual any proceedings, or resolution or order of, —
(a) The Municipality; or
(b) Any other municipal authority; or
(c) Any officer of the municipality,
if the Government considers that such proceedings or resolution or order, as the case maybe, —
(i) Is excess of the power conferred by this Act or the rules made thereunder, or against any direction of the Government; or
Notwithstanding anything contained in this Act, the Government, —
(a) May reverse or modify any order of any officer of the Government, passed or purporting to, have been passed under this Act, if the Government considers such order to be, —
(i) Not in accordance with the provisions of this Act or the rules made thereunder; or
(ii) For any reason, to be recorded in writing, inexpedient; and
(b) Shall for the purpose of carrying out the provisions of this Act, exercise over its officers all powers of s
The Government may, from time to time, issue such directions or policy guidelines, not inconsistent with the provisions of this Act or the rules made thereunder, as it may consider necessary, to the Municipalities for the purpose of performing their functions under this Act and it shall be the duty of the Municipalities to perform their functions in accordance with such directions or policy guidelines.
(a) It appears to the Government on the report referred to in section 74; or
(b) The Government, is satisfied after inquiry,
that the Municipality or any Municipal Authority has made default in performing any function or discharging any duty imposed on it by or under this Act or the rules made thereunder or any law for the time being in force it may, by order, in writing fix a period for the due performance of such function or discharge of such duty and the Municipality shall be bound to perform such function or discharge such duty wi
(1) If in the opinion of the Government, a Municipality, —
(a) Is not competent to perform, or 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
(b) Persistently makes default in the performance of such duties or complying with lawful directions and order issued by the Government or any authority under any law for the time being in force to issue such directions or orders; or
(c) Exceeds or abuses its power; or
(1) When a Municipality is dissolved under Section 80
(a) All members of the Municipality shall vacate their offices forthwith;
(b) All powers, functions and duties of the Municipality; and — the Chairperson or Deputy Chairperson of a Municipal Council or a Town Council, as the case maybe shall during the dissolution, subject to such directions, as the Government may from time to time, give in this behalf, be exercised, performed, and discharged by a Government officer to be known as Administrator, as the government may, by notification, appoint in this behalf, and
(1) Where on account of an order of any Court, election to constitute a Municipality cannot be completed, —
(a) Before the expiry of its duration specified under section 10
(b) Before the expiry of a period of six months from the date of its dissolution;
the Government may, by notification, direct that during the period of operation of the order of the Court, —
(i) All powers sand duties of the municipality, Chairperson and Deputy Chairperson, when elections to constitute a Municipal Council or a Town
(1) Notwithstanding anything contained in this Act, where due to certain special, emergent or unforeseen circumstances, election to a Municipality cannot be held or completed before the expiry of its duration specified in section 10 or before the expiry of a period of six months of its dissolution, the Government may, by notification, appoint a Government officer to be known as Administrator to exercise, perform and discharge the powers, duties and functions of a Municipality subject to such directions, as may be given in this behalf by the Government.
(2) All powers and duties of a Municipality, Chai
(1) Where an area is specified as Urban Station Committee area under section 5, the Government shall, by notification, establish Urban Station Committee for such area.
(2) The Urban Station Committee shall be composed of such members to be appointed or elected as the Government may, by notification, direct.
(3) A Committee established under sub section (1) of this section shall be a body corporate by the name of “The ………….. Urban Station Committee” and shall have a perpetual succession and a common seal with power, subject to the provisions of this Act, t
Subject to the financial resources at the disposal and organisational capacity of an Urban Station Committee, the Government may, by notification, assign any of the functions and powers of Municipal Council or Town Council to the Urban Station Committee, as may be specified.
All moneys received by Urban Station Committee shall be kept and be applied in the manner as provided under the provisions of Chapter – I of Part III of this Act.
There shall be constituted for each Municipality a Municipal Fund to be called:
(a) In the case a Municipal Council, the Municipal Fund of the Municipal Council. and
(b) In the case a Town Council, the Municipal Fund of the Town Council.
To be held in a Trust by the Municipal Council or the Town Council, as the case may be, for the purpose of this Act and all the moneys realised or realisable under this Act and all moneys otherwise received by the Municipal Council or the Town Council, as the case may
All moneys received on account of the Municipal Fund of a Municipality, shall be deposited with the State Bank of India or any of its subsidiaries, or with any nationalised bank or with the Nagaland State Cooperative Bank in the Municipal Area of the Municipality and shall be credited to an account to be called.
(a) In the case of Municipal Council, the account of the Municipal Council; or
(b) In the case of a Town Council, the account of the Town Council, as the case may be, to which it belongs:
Provided that if in the Municipal area
(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 regulations made thereunder or for which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all sums, payable out of the Municipal Fund under any other enactment for the time being in force.
(3) Notwithstanding anything contained in this Act, such moneys may also be applied in
No payment of any sum shall be made out of the Municipal Fund unless such expenditure is covered by the current budget grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof, which may have been made under the provisions of this Act:
Provided that the provisions of this section shall not apply to the payments made in the following classes of cases, namely:—
(a) Refund to taxes and other moneys, which are authorised under this Act;
(b) Refund of securities and call depos
Notwithstanding anything contained in this Act, the Government may require a Municipality to earmark a particular portion of the Municipal Fund of the Municipality or a particular grant of 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 other law for the time being in force, or any part thereof to be utilised exclusively for any specified purpose and it shall be mandatory on the part of the municipality to do so.
(1) Surplus moneys standing at the credit of the Municipal Fund, which cannot immediately or at an early date be applied for the purposes specified in section 87, shall be invested in the prescribed manner:
Provided that adequate safeguards, as may be prescribed, shall be followed against the under-productive and speculative investments.
(2) The loss, if any, arising from such investments, shall be debited to the Municipal Fund.
(1) Notwithstanding anything contained in Section 85, the Municipality may, with the prior approval of the Government, constitute such special fund or funds, as may be necessary for the purposes of this Act.
(2) The constitution and disposal of such funds shall be made in such manner, sa may be prescribed.
Save as otherwise provided in this Act, no payment shall be made from the bank account referred to in section 86 out of the Municipal Fund, except on cheque signed by, —
(a) In the case of Municipal Council, —
(i) The Chairperson or if so authorised by the Chairperson, the Deputy Chairperson or an elected member, as the case may be; and
(ii) The Executive Officer; and
(b) In the case of Town Council —
(i) Chairperson, or if so authorised by the Chairperson, the Deputy
Before a cheque is signed in accordance with the provisions of section 91 or a bill signed for payment of any amount from the bank account, —
(a) In the case of the Municipal Fund of a Municipal Council, —
(i) The Chairperson or when so authorised under clause (a) of section 91, the Deputy Chairperson or an elected member, as the case may be; and
(ii) The Executive Officer; and
(b) In the case of Municipal fund of a Town Council, —
(i) The Chairperson or when so autho
(1) As may be authorised by notification, Municipal Council or Town Council may, by passing a resolution in this behalf, raise a loan, by the issue of debentures or otherwise on the security of any immovable property vested in it or proposed to be acquired by it or any of the taxes, rates, cesses, fees and charges levied under this Act, for any sum of money, which may be required, —
(a) For acquiring any land, which it has power to acquire;
(b) For erecting any building, which it has power to erect;
(c) For the execution of any perman
All debentures issued under this Chapter shall, —
(a) Be in such form, as the Municipal Council or the Town Council, as the case may be, may, with the previous sanction of the Government, determine; and
(b) Be transferable in such manner, as shall be expressed therein.
(1) Municipal Council or a Town Council, as the case may be, authorised under sub-section (1) of section 93, shall constitute sinking Funds for the repayment of moneys borrowed on debentures issued and shall pay every year into such Sinking Funds such sum, as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the Sinking Funds shall, as soon as possible, be invested by the Chief Officer, under the directions of the Municipality, in public securities in the prescribed manner.
A Sinking Fund or any part thereof, shall be applied in or towards the discharge of the loan or part of the loan for which such fund was created and until such loan or part is wholly discharged, such Fund shall not be applied for any other purpose.
(1) The Chief Officer of a Municipality shall, at the end of the every year, submit to the Municipality, a statement showing: —
(a) The amount, which has been invested in the Sinking Fund or Funds during the year under section 95;
(b) The date of the last investment made prior to the submission of the statement;
(c) The aggregate amount of the securities then in hand; and
(d) The aggregate amount, which has up to date of the statement been applied under section 96, in or towards the discharge of loans
(1) All Sinking Funds constituted under this Act, shall be subject to annual examination of Audit Authority, who shall ascertain whether the cash and the value of securities belonging thereto, are equal to the amount, which should be at the credit of such Funds, had the investment under section 95 been regularly made and had the interest accruing on account of such investment been regularly obtained.
(2) The Municipal Council or the Town Council as the case may be, shall forth with, pay into the Sinking Fund such amount, as the Audit Authority may certify to be a deficit in respect of such Fund, unles
(1) A Municipality may, with the prior permission of the Government, obtain loans from any financial institution or any nationalised bank or any other Municipality, and the Government may, if it considers so necessary, stand as the guarantor for payment.
(2) The Government may require a Municipality to observe such financial discipline in the matter of debt servicing including the creation of Sinking Fund, as the Government may think fit and proper and in doing so, the Government may prescribe different sets of rules for observance by different groups of Municipalities depending upon the circumstances
The Government may, direct a Municipality, keeping in view its financial position to advance loan to another municipality at such rate of interest, as may be prescribed.
(1) The Chief Officer of Municipality shall prepare in each year a budget estimate along with an Establishment Schedule of the Municipality for ensuing year, which shall be an estimate of the income and expenditure of the municipality;
(2) The Chief Officer of the municipality shall place before Municipal Council or Town Council, as the case may be, not later than fifteenth day of January in each year, the budget estimate prepared under sub-section (1) along with a copy of the Establishment Schedule of the Municipality;
(3) The Budget Estimate and the Establishment S
(1) The Municipality shall consider the budget estimate, and adopt for the ensuing year the budget estimate with such changes, as it may consider necessary, not later than fifteenth day of February of that year and submit and budget estimate so adopted to the Government.
(2) If the budget estimate is not adopted by the fifteenth day of February of that year, the Chief Officer of the Municipality shall submit the budget estimate to the Government.
(3) The budget estimate received by the Government, under sub-section (1) or sub-section
A Municipality may, from time to time, during the year, —
(a) Increase the amount of any budget-grant under any heard;
(b) Make an additional budget-grant for the purpose of meeting any special or unforeseen requirement arising during the said year;
(c) Transfer the amount of any budget-grant under any other heads; or
(d) Reduce the amount of the budget-grant under any head:
Provided that no such increase in a budget grant or an additional budget grant or the transfe
The Executive Officer, in the case of a Municipal Council or Town Council, as the case may be, shall prepare and maintain accounts of receipts and expenditures of a Municipal Council or a Town Council in such form and in such manner, as may be prescribed.
The Government shall prepare and maintain a code to be known as the Municipal Account Code containing all the financing matters, and the procedure relating thereto in respect of the Municipalities.
(1) The Chief Officer of a Municipality shall, within three months of the close of a year, cause to be prepared a financial statement for the proceeding year in respect of the accounts of the Municipality.
(2) The form of the financial statement and the manner in which the financial statement shall be prepared, shall be such as may be prescribed.
(1) The Chief Officer of a Municipality shall, within three months of the close of a year, cause to be prepared a balance sheet of the assets and liabilities of the Municipality for the preceding year;
(2) The form of the balance sheet and the manner in which the balance sheet shall be prepared, shall be such, as may be prescribed.
The financial statement prepared under section 106 and the balance sheet of the assets and liabilities prepared under section 107 shall be placed by the Chief Officer of the Municipality before the Municipal Council or the Town Council.
Who after examination of the same, shall adopt and remit these within one month to the Audit Authority provided in section 109.
(1) The audit of the accounts of the Municipality, including the accounts of the special funds, if any, shall be conducted by the audit authority in such manner as the Government in the Finance Department, may prescribed in consultation with the department of Local Government;
(2) The Audit Authority may —
(a) Require, by written notice, the production before it or before any officer subordinate to it of any document, which the Audit Authority considers necessary for the proper conduct of the audit.
(b) Require, by written notice, an
(1) As soon as practicable after the completion of audit of the accounts of the municipality, but not later than the thirtieth day of September each year, the Audit Authority shall prepare a report of the account audited and examined and shall send such report to the Chief Officer of the Municipality.
(2) The Audit Authority shall include in such report a statement showing, —
(a) Every payment, which appears to the Audit Authority to be contrary to law;
(b) The account of any deficiency of loss, which appears to have been caused by g
(1) The Chief Officer, of a Municipality shall place the audited financial statement, the balance sheet and the report of the Audit Authority and comments thereon, before the Municipality before the thirty-first day December every year for its consideration and its adoption at a special meeting.
(2) The Chief Officer shall remedy any defect that has been pointed out by the Audit Authority in its report.
(1) The Chief Officer of the Municipality, shall, after adoption of the financial statement and the balance sheet and the report of the Audit Authority, forward the same to the Government together with a report of the action taken thereon by the Municipality and shall also send copies thereof to the Audit Authority.
(2) If there is any difference of opinion between the Audit Authority and the Municipality or if the Municipality does not remedy the defects or irregularities pointed out in the report of the Audit Authority within a reasonable period, the Audit Authorit
In addition to the audit of accounts under section 109 the Government may, if it thinks fit, appoint a person having prescribed qualifications to conduct a special audit pertaining to any specified item or series of items requiring thorough examination and the provisions of this Chapter relating to audit shall, mutatis-mutandis, apply to such special audit.
Every Municipality shall, for the purpose of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable property or any interest therein, whether within or outside limits of the municipal area.
(1) Notwithstanding anything contained in any other law for the time being in force, the movable and immovable properties of the following categories within the limit of the municipal area of a Municipality shall, unless the Government, by notification, otherwise directs, vest in the Municipality constituted for such area, namely: —
(a) All public and common 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 slaughterhouse;
If a Municipality desires to acquire any immovable property for the purposes of the Act, such property may, if so directed by the Municipality, be acquired by agreement by the Chief Officer on behalf of the Municipality on such terms and at such price, as may be approved by the Municipality:
Provided that the negotiation for the purpose of such agreement shall be made jointly: —
By the Chairperson, the Chief Officer of a Municipal Council or a Town Council and the Officer of Local Government
Whenever the Municipality is unable to acquire any immovable property under section 116 by agreement, the Government may at the request of the Municipality, acquire the same under the provisions of the Nagaland Land (Requisition and Acquisition) Act, 1965 (Act 3 of 1965) and on payment by the Municipality of the compensation awarded under that Act and of the charges incurred by the Government in connection with the procedure related thereto, the land shall vest in the Municipality.
(1) With respect to the disposal of property, movable and immovable, belonging to the Municipality, the provisions of sub-section (2) and sub-section (3) shall have effect,
(2) The Municipality may, —
(a) Dispose of, by the sale or otherwise, any movable property belonging to the Municipality; and
(b) With the prior approval of the Government, sell, mortgage, gift or grant a lease of any immovable property belonging to the Municipality:
Provided that no such prior approval of the Government shall be
(1) The Chief Officer of a Municipality shall maintain in such manner and in such form, as may be prescribed, —
(a) A register and a map of all the immovable properties of which the Municipality is the proprietor or which vest in it, or which the Municipality holds in trust for the Government; and
(b) A register of all movable properties belonging to the Municipality.
(2) The Chief Officer shall cause to be prepared every year a statement in respect of changes, if any, made in the register of immovab
(1) Subject to the provisions of this Act and the rules made thereunder, with the previous sanction of the government, a municipality may, in order to raise revenue for it’s duties and performing its functions under this Act, levy within it’s limits of municipality the following taxes, fees and tolls or any of them —
(a) A tax on lands and buildings,
(b) An octroi,
(c) Tolls and fees,
(e) A tax on advertisement other than advertisement published in newspapers,
(f) A
(1) The Municipality may, at a special meeting pass a resolution to propose the imposition of any tax under section 120.
(2) When such resolution has been passed, the Municipality shall publish a notice, definiting the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be imposed, and the system of assessment to be adopted.
(3) Any inhabitant objecting to the proposed tax may, within thirty days from the date of publication of the said notice, submit his objection in writing to the Municipality and the Municipality shal
(1) The governor shall constitute a Finance Commission to review the financial position of the Municipalities and make recommendations to the Governor as to —
(a) The principals which should govern, —
(i) The distribution between the State and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them
(iv) The determination of taxes, duties, tolls and fees, which may be assigned to, or appropriate by the municipalities,
(v) The
(1) The tax on lands and buildings shall be levied on the annual value thereof as determined under this Chapter.
Provided that with previous sanction of the State Government the rate of tax on lands and buildings may also be levied on an assessment other than the annual value with due regard to the location of the lands and buildings, floorage and other relevant factors.
(2) The rate of tax on lands and buildings shall be determined by Government, by notification, and for different municipalities different rates may be determined for different categories of lands or
(1) Notwithstanding anything contained in this Chapter, —
(a) Lands and buildings belonging to diplomatic and consular missions of foreign states;
(b) Lands and buildings actually used for cremation and burial; and
(c) Public play grounds, parks and gardens, shall be exempt from the tax on lands and buildings.
(2) Notwithstanding anything contained in this Chapter, lands and buildings, which are the properties of the union, shall be exempt from the property tax:
Prov
(1) For the purpose of assessment of tax on any lands and buildings, whether residential or non-residential, self-occupied or tenanted, the annual value of such lands and buildings shall be such percentage of the sum obtained by adding the present market value of aldn and the estimated cost of erecting the building, as the Government may, by notification, determine:
Provided that the annual value shall not exceed ten percent of the sum so obtained:
Provided further that for different municipalities different percentage may be determined for different categories of la
(1) The Government may, by rules, provide for the detailed procedure for the determination of the annual value of lands of buildings in the municipal areas and for other matters connected therewith, and such rules together with any regulation made under this Act, shall constitute the Municipal Assessment Code
(2) Under the rules as aforesaid: —
(a) Every building together with the site and the land appurtenant thereto shall be assessed as a single unit;
(b) All lands or buildings to the extent these are contiguous or are within the s
(1) The Chief Officer of a Municipality shall, for the purpose of preparing the draft valuation list of all lands or buildings in any ward or part thereof in the Municipality and ascertaining the person primarily liable for the payment of any tax on such land or building by a public notice, require the owner or the occupier on such lands or buildings or part thereof to furnish, within such period as may be specified in the public notice, a return in such form, containing such particulars and in accordance with such procedure, as may be prescribed.
(2) Every owner or occupier of any land or building r
(1) After the expiry or the period specified in the public notice referred to in section 127, a draft valuation list of all lands and buildings in the municipal area on the basis of the returns furnished under that section and information, if any, collected by a Municipal, shall be prepared by the Chief Officer of the Municipality:
Provided that where a return in respect of any land or building is not furnished under section 127, the Chief Officer shall ascertain the annual value of such land or building.
(2) The form of, and the particulars to be mentioned in the dr
(1) When the draft valuation list of all lands and buildings in the municipal area of any Municipality has been prepared by the Chief Officer of the Municipality under section 128, the Chief Officer shall, —
(a) Give public notice thereof in such manner, as may be prescribed and of the place where the list or a copy thereof may be inspected, and
(b) Specify a date not being less than thirty days from the date of the public notice, within which objections, if any, may be filed.
(2) Every objection to annual valuation shall be made in
The Chief Officer of the Municipality shall enter the valuation of all lands and buildings and the objections received thereon in a valuation register to be maintained by him for the purpose, in such form and in such manner as may be prescribed.
(1) There shall be constituted a Municipal Property Tax Committee in each Municipality consisting of the following members, namely: —
(i) Three members to be elected by Municipal Council or Town Council
(iv) The Executive Officer
(2) The term of the Municipal Property Tax Committee constituted under sub-section (1) shall be one year from the date of its constitution and the new Municipal Property Tax Committee shall be constituted before the expiry of the term of the existing Municipal Proper Tax Committee:
Every valuation determined by the Municipal Property Tax Committee shall, subject to the provisions of Section 142, be final.
The annual valuation as finally determined by the Municipal Property Tax Committee: —
(a) Shall have effect from the beginning of the year after the expiry of a period of five years of the previous valuation or the beginning of the year in which it is made, whichever is later;
(b) Shall, subject to the other provisions of the Chapter, remain in force in respect of each ward for a period of five years irrespective of any alteration during such period in the number of boundaries of such ward; and
(c) May be revised on the expiry of eac
(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Municipality may, by resolution direct general revaluation of lands and buildings in any ward of the Municipality or any part thereof during the currency of any period specified under this Chapter, and such general revaluation shall have effect from the beginning of the year in which such revaluation is made and shall remain in force in respect of each ward or the portion thereof, as the case may be, of the un-expired portion of the period during which, but for such revaluation, the annual valuation would have remained in force.
(1) If the Chief Officer of a Municipality, having regard to the returns furnished under section 127 is of the opinion that a revision in the annual valuation of any land or building is necessary in the following cases, namely: —
(a) When its ownership changes; or
(b) When any tenancy or any rent changes; or
(c) When the nature of its use changes; or
(d) When a new building is erected or an existing building is redeveloped or substantially altered or improved during the period, the annual valuation r
To enable the Municipal Property Tax Committee to revise the annual value of any land or building governed by any circumstances, specified in sub-section (1) of section 135, except in respect of a case under clause (e) thereof, the owner or the person liable to pay the tax for such land or building, shall furnish to the Chief Officer of the Municipality, not later than the thirty-first day of March of the Year immediately following, a return in such form, as may be prescribed.
Whenever any person liable to pay the tax for any land or building, —
(a) Fails to furnish a return as required under section 127 or section 136 or
(b) Gives information in such return, which, on verification, is found to be false or incorrect,
he shall be liable to pay a penalty of not less than two times, but no more than five times of the tax payable as may be imposed by the Chief Officer of the Municipality.
(1) Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of tax on such land or building, and the person to whom the title is so transferred, shall within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Chief Officer of the Municipality.
(2) In the event of the death of any person primarily liable as aforesaid the person on whom the title of such land or buildi
(1) The annual valuation of lands and buildings and the tax demand as determined under this Chapter shall be entered in the Municipal Assessment Book.
(2) The Municipal Assessment Book shall be maintained in such form and in such manner, as may be prescribed.
(3) The Chief Officer of a Municipality may, at any time, make such corrections in the Municipal Assessment Book, as may be necessary to incorporate changes required to be made in accordance with the provisions of this Act or for removal of patent errors or defects after recording the reasons therefore.
(1) Notwithstanding anything contained in section 133, if the Chief Officer of a Municipality is of the opinion that amendment of the Municipal Assessment Book of the Municipality is necessary, —
(i) By inserting therein the name of any person whose name ought to be inserted; or
(ii) By inserting therein any land or building previously omitted together with valuation thereof; or
(iii) By inserting or altering an entry in respect of any building, erected, re-erected, altered or added to, after the preparation of the Municipal Assessme
(1) Notwithstanding anything contained in this Chapter, where the prescribed authority is satisfied that any property has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the Municipality or any committee or officer or employee of the Municipality or the assessee, it may, after giving the assessee an opportunity of being heard and after making such inquiry, as it may deem fit, pass an order amending the valuation of assessment already made.
(2) On the issue of an order under sub-section (1), the valuation and assessment then in force shall, subject to the
(1) Any person aggrieved by, —
(a) The determination of valuation by the Municipal Property Tax Committee under section 131; or
(b) The revision of valuation by the Municipal Property Tax Committee under section 135; or
(c) An order of the Municipal Property Tax Committee under sub-section (3) of section 140 relating to the amendment of the Municipal Assessment Book; or
(d) An order of the prescribed authority under section 141; may prefer an appeal before an authority as may be prescribed in this be
(1) The tax on lands and buildings shall be primarily leviable, —
(a) If the land or building is let, upon the lessor;
(b) If the land or building is sublet, upon the superior lessor, who has sublet such a land or building, as the case may be; and
(c) If the land or building is unlet, upon the person in whom the right to let such land or building vests.
(2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the tax on lands and buildings assess
(1) On the failure to recover any sum due on account of the taxes on any land or building from the person primarily liable therefore under section 143, the Chief Officer of a Municipality shall, notwithstanding anything contained or in any other law for the time being in force, recover, from every occupier of such land or building, by attachment of the rent payable by such occupier, a portion of the total sum due, which bears, as nearly as may be, the same proportion to that sum, as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of such land or building.
The taxes due under this Act in respect of any land or building shall, subject to the provisions of section 181, be a first charge, —
(a) In the case of any land or building held immediately from the Government, upon the interest in such land or building of the person liable for such taxes and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person; and
(b) In the case of any other land or building, upon such land or building and upon the goods and other movable pro
When any new building is erected or any building is rebuilt or enlarged or when any building which has been vacant, is re-occupied, the person primarily liable for the taxes assessed on the building shall give notice thereof in writing to the Chief Officer of the Municipality within a period of fifteen days from the date of its completion or occupation, whichever is earlier, or as the case may, from date of enlargement or re-occupation and the tax shall be assessable on the building from such date.
(1) When any building or any portion thereof, which is liable to the payment of taxes, is demolished or removed otherwise than by an order of the Chief Officer of the Municipality, the persons primarily liable for payment of he taxes, shall give notice thereof in writing to the Chief Officer.
(2) Until such notice is given, such persons shall continue to be liable to the payment of such tax, as they would have been liable to pay in respect of such building if same or any portion thereof, had not been demolished or removed.
Save as otherwise provided in this Act, the tax on any land or building under this Chapter, shall be paid annually by the person liable for the payment thereof on such dates and in such manner as maybe prescribed.
(1) When an objection to a valuation has been made under section 129, the tax on lands and buildings shall, pending the determination of the valuation under section 131, be payable on the previous valuation in the usual manner.
(2) If, after the objection has been determined under section 131, the previous valuation is altered or after the appeal has been disposed of under section 142, the valuation decided under section 131 is altered, then, —
(a) Any sum already paid under sub-section (1) of this section or deposited under section 142, in excess, shall be refunded
A Municipality may levy scavenging tax on all lands and buildings at such percentage of the annual value, as the Government may determine for the collection, removal and disposal of all filth and polluted and obnoxious matter therefrom:
Provided that scavenging tax may be levied at different percentages, of the annual value in different municipalities.
The scavenging tax shall be payable by the owners of lands and buildings who may realise it from the occupier.
Except as hereinafter provided, a Municipality may levy on goods brought into the Municipal area for consumption, use or sale therein, an octroi at such rate, as the Government may, by notification, specify and different rates maybe specified for different types of goods, in different municipalities.
Every person bringing or receiving within the octroi limits of the municipal area any goods on which octroi is payable, shall when required by an officer duly authorised by the Government or the Municipality in this behalf, and so far as may be necessary, for ascertaining the amount of tax chargeable, —
(a) Permit that officer to inspect, examine, weigh and otherwise deal with the goods, and
(b) Communicate to the officer any information and exhibit any bill, invoice or document of a like nature, which he may possess relating to the
(1) The Chief Officer of a Municipality, subject to the safeguards as may be provided in the rules in this behalf, may, search and inspect any premises or any place wherein he may have reason to believe that goods in respect of which octroi is payable under this Act, but has not been paid, have been kept.
(2) The Chief Officer may, by written notice, require the attendance of any person whom he has reason to believe to be liable to payment of octroi.
(3) The Chief Officer shall have the power to seal the premises or the place and sei
No person, bringing or receiving any conveyance or package within the octroi limits of any municipal area on which octroi is believed to the leviable, shall refuse on the demand of an officer authorised by the Government or the Municipality in this behalf, to permit the officer to inspect, weigh or otherwise examine the contents of the conveyance or package for the purpose of ascertaining whether it contains any goods in respect of which octroi is payable or shall refuse to communicate to that officer any information and exhibit to him any bill, invoice or document of a like nature, which he may poss
If goods passing the octroi limits of a municipal area, are liable to the payment of octroi, then no person shall cause or abet the introduction of, or himself introduce or attempt to introduce within the said octroi limits any such goods upon which payment of the octroi, due on such introduction has neither been made or tendered.
(1) On payment of the octroi the person liable to pay the octroi shall be issued a receipt in such form, as may be prescribed and the receipt shall be maintained by such person for period of one year from the date of the issue and shall be produced on demand.
(2) In the event of the failure to produce the receipt within the said period of one year from the date of import of the goods, presumption will arise that octroi has not been paid.
For the purpose of levy of octroi and collection thereof, a Municipality may, enter into an agreement with another Municipality or Village Council and such agreement may provide for the following matters, namely;
(a) Extension of octroi limits;
(b) Inspection of any warehouse or storage place within the jurisdiction of the other Municipality or Village Council where goods intended to be brought within the municipal area are kept;
(c) Weighing or otherwise examining the contents of the conveyance or package for ascertaining whether it
If a dispute arises between a Municipality and another Municipality or Village Council relating to the agreement referred to in Section 158, it shall be referred to the Government, whose decision thereon shall be final.
(1) The provisions of this section shall apply to the municipal areas of such Municipalities and from such date or dates, as the Government may, by notification, direct.
(2) Where any goods intended for consumption, use or sale within the municipal area of Municipality and liable to octroi under this Act, are required to be carried through one or more other municipal areas, the person liable to pay octroi shall, on payment of such transit fee, as may be prescribed, be issued a Transit Pass by the Municipality of the municipal area through which the goods are intended to be carried first.
(1) No person shall erect, fix or retain upon or over any land, building, or wall any hoarding, frame, post, kiosk or structure for the purpose of any advertisement to public view in any manner whatsoever visible from a public street or public place within any municipal area without the written permission of the Chief Officer of the Municipality
(2) The Chief Officer shall not grant such permission if, —
(a) A license for the use of the particular site for purpose of advertisement has not been taken out; or
(b) The advertisement cont
(1) No person being the owner, lessee, sub-lessee, occupier or an advertising agent shall, except shall, except under and in conformity with the terms and conditions of a license, use or allow to be used any site in any land, building, wall or erect or allow to be erected in 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 before the commencement of this Act, within ninety days from the date of such commencement; or
<(1) Every person, who erects, 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 public street or public place including any advertisement exhibited by means of cinematography, video or cables operated by cable operators, shall play for every advertisement which is so erected, exhibited fixed or retained or so displayed to public view, a tax calculated at such rate, as the Government may determine:
Provided that different rates may be determine
(1) The permission granted under section 161, shall become void, —
(a) If the advertisement contravenes any regulation made under this Act; or
(b) If any material change is made in the advertisement or any part thereof without the previous permission of the Chief Officer of the Municipality; or
(c) If due to the work by the Government, Municipality or by any statutory authority the advertisement has to be displaced; or
(d) If the buildings, wall, hoarding, frame, post or structure over which the adve
The licence granted under section 162 shall become void, —
(a) If the licence contravenes any terms and conditions of the licence;
(b) If any addition or alteration is made to or in the building, wall, hoarding, frame, post kiosk, or structure upon or over which the advertisement is erected, exhibited, fixed or retained
(c) If the building, wall, hoarding, frame, post, kiosk, or structure over which advertisement is erected, exhibited, fixed or retained is demolished or destroyed.
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 including any advertisement exhibited by means of cinematography, video or cables operated by cable operators in contravention of the provisions of this Act or any regulation 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 of such person
If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax due under section 163 within the time specified for the purpose, he shall be liable to pay an additional amount, which shall be not more than three times the amount payable as such tax, as the Municipality may determine:
Provided that such amount shall not be less than an amount equal to one-and-half times of such tax.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or any regulations made thereunder, the Chief Officer of the Municipality may, by notice require the owner or the occupier or 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 within forty-eight hours of service of notice, failing which, he may enter any land, building or property and cause the advertisement to be dismantled, taken down, removed, spoiled, defaced or screened.
The Municipality may levy development charges on the increase in the value of land or building within the municipal area or any part of it caused by the execution of any Town Improvement Scheme or Town Planning Scheme.
The basis for determination of the amount of development charges and the procedure for such determination shall be such as may be prescribed.
The Chief Officer of a Municipality or an Officer of the Municipality authorised by the Municipality in this behalf, shall by order, assess, after giving the person concerned an opportunity of being heard in such manner, as may be prescribed, the amount of the Development charges on the basis prescribed under Section 170.
Every owner of land or building referred to in section 169 or any person having an interest in the increase in the value of such land or building, shall pay to the Municipality such Development charges, as maybe assessed by the Chief Officer of the Municipality, or the Officer authorised under section 171, as may be.
The amount of development charges, due from an owner of land or building referred to in section 169, or any person having an interest in the increase in the value of such land or building, shall be recovered in such manner, as maybe prescribed.
(1) The Municipality may levy fire tax at such percentage of annual value on lands and buildings, as the Government may, by notification, specify for the expenses necessary for the conduct and management of the Fire Service and for the protection of Life and property in the case of fire.
Provided that different percentages maybe specified for different municipalities and for different classes of buildings and for buildings in different areas in the same Municipality.
(2) The fire tax shall be levied in respect of all lands and buildi
(1) The Municipality may, with the prior sanction of the Government, levy tolls at such rates, as may be specified by the Government, on vehicles, carriages, carts or animals passing through public streets or bridges within the municipal area.
(2) For the purpose of collection of tolls under sub-section (1), the Municipality may establish a toll-bar on any public street or on a bridge or at any place within the municipal area adjacent to the bridge at which such tolls may conveniently be collected.
(3) The revenue accruing from the t
No person taking to a toll bar any vehicle, carriage, cart or animal, not exempted from toll, shall refuse to pay the toll nor shall any person fraudulently avoid taking to a toll-bar any such vehicles, carriage, carat or animal with the intent to evade payment of the toll.
(1) No toll shall be paid for the passage of —
(a) Government stores or persons in charge of them; or
(b) Any vehicle, carriage, cart or animal employed by —
(i) An officer or employee of the Central Government or of the State Government or of any local authority on duty; or
(ii) Any person having in his custody any property belonging to such Government or such local authority, for the transport of such property; or
(c) Conservancy carts or other carriage, carts or a
(1) Save as otherwise provided in this Act, there shall be levied a tax in respect of every cinema, theatre, circus, carnival, video parlour and other place of entertainment to which persons are ordinarily admitted on payment and in respect of every cable network, for performance or shows, held or conducted thereat, at sough rates as the Government may specify:
Provided that for different municipalities, different rates may be specified for different performances or shows;
Provided further that a show-tax may not be levied in respect of performance or show, if the Mu
(1) A tax shall be levied at such rates as may be specified, by the Government, from time to time, on —
(a) The vehicles, other than mechanically propelled vehicles, and other conveyance plying for hire within the municipal area;
(b) The animals used for riding, driving, draught or burden, when kept within the municipal area; and
(c) The dogs kept within the municipal area.
(2) A vehicle or animal kept outside the municipal limits, but regularly used within such limits, shall be deemed to be kept for
(1) The tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control of such vehicles or animals, in respect of which the tax is leviable:
Provided that in the case of an animal generally used or employed in drawing any vehicles, the tax in respect of such animal shall be leviable upon the owner, of, or the person having possession or control of such vehicle, whether or no such animal is owned by such owner or person.
(2) The tax on vehicles or animals shall be payable in advance in such
(1) Any tax payable, or any sum due to any Municipality, under this Act or the rules made thereunder besides being recoverable in any other manner provided therefor in this Act, shall, subject to any claim on behalf of the Government, be a first charge on the property in respect of which it is payable.
(2) Such taxes and dues shall be recoverable on the application made in this behalf by the Municipality to the Deputy Commissioner having jurisdiction and if the property were an estate assessed to land revenue and such taxes or dues were an arrear of such land revenues.
Save as otherwise provided in this Act, any tax levied under this Act, maybe recovered in accordance with the following procedure and in such manner, as maybe prescribed namely:— (a) By presenting a bill, or (b) By serving a notice of demand; or (c) By distraint and sale of a defaulter’s movable property; or (d) By the attachment and sale of a defaulter’s immovable property; or (e) In the case of a tax on lands and buildings, by attachment of rent due in respect of t (1) Save as otherwise provided in this Act, any tax levied under this Act, shall be payable on such dates, in such number of instalments and in such manner, as may be prescribed. (2) If any amount due is paid on or before the date determined under sub-section (1), a rebate of ten per cent of such amount shall be allowed.S.183 Time and manner of payment of Taxes
(1) When any tax has become due, the Chief Officer of the Municipality shall cause to be presented to the person liable for the payment thereof, a bill for the amount due:
Provided that no such bill shall be necessary in the case, of —
(a) A tax on advertisements;
(b) An octroi; and
(c) A toll.
Explanation — A bill shall be deemed to be presented under this section, if it is sent by post under certificate of posting to person liable for the payment of the
(1) Save as other wise provided in this Act, if the amount of the tax for which a bill has been presented under section 184, 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 Chief Officer of the Municipality 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 Municipality by regulation.
(2) For every notice of demand which the Chief Officer causes to be levied on any person under this section, a fee of such amount not exceeding twenty
(1) If any person liable for payment of tax, does not within thirty days of the service of notice of demand under section 185 pay the amount due, such sum together with all costs and interest due may be recovered under a warrant, issued in such form, as may be prescribed, by distress and sale of the movable property or by attachment and sale of immovable property.
(2) Every warrant issued under this section, shall be signed by the Chief Officer of the Municipality or any other authorised by the Municipality 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 territorial jurisdiction of the Municipality, any movable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely: —
(a) The following property shall not be distrained, namely: —
(i) The necessary wearing apparel and bedding of the defaulter, his or her spouse and children and their cooking and eat
(1) When the property seized is 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 Chief Officer of the Municipality, 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 mean time suspended by the Chief Officer or discharged, the property seized sh
(1) After a defaulter has been proceeded against under the foregoing provisions of this Chapter unsuccessfully or with partial success, or if the Chief Officer of Municipality considers it expedient so to do, any sum due or balance of any sum due, may be recovered under a warrant issued by the Chief Officer in such form as may be specified by the Municipality by regulations for attachment and sale of immovable property of the person liable.
(2) When a warrant is issued under sub-section (1), the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property
(1) All sales of property under this Chapter, shall be regulated as far as practicable, by such procedure of the Civil Court, as may be applicable in regard to sale of movable or immovable property after attachment.
(2) No Officer or other employee of the Municipality shall directly or indirectly purchase any property at any such sale.
(3) Any surplus not claimed within one year referred to in sub-section (5) of section 189, shall be the property of the Municipality.
(4) For every distraint under sec
(1) If the Chief Officer of the Municipality has reason to believe that any person from whom any sum is due or is about to b become due on account of any tax, is about to move from the municipal area 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 recoverable by distress or attachment and sale in the
No distress under this Act shall be deemed to be unlawful nor shall any person making the same be deemed 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; or
(b) Any irregularity committed by such person: provided that any person aggrieved by such defect or irregularity may be order of a court of competent jurisdiction, recover the full satisfaction of any special damage sustained by him.
(1) For the purposes of recovery of any tax on lands and buildings from any occupier under section 144, the Chief Officer of the Municipality, notwithstanding anything contained in any other law for the time being in force, shall cause to be served on such occupier a notice requiring him to pay to the Municipality any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.
(2) Such notice shall operate as an attachment of such rent, unless the portion of the sum due shall have been
(1) If any money is due under this Act from the owner of any land or building on account of the tax on lands and building or any other tax, expenses or charges recoverable under this Act, and if the owner of such land or building is unknown or the ownership thereof is disputed, the Chief Officer of the Municipality may, publish twice, at an interval of not less than thirty days, a notification of such dues and of sale of such land or building for realisation thereof and after the expiry of not less than fifteen days from the date of last publication of such notification, unless the amount recoverable is paid, may sell such land or bu
(1) No assessment and no charge or demand of the tax on lands and buildings or of 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 error, —
(i) In the name, residence, place of business or occupation of any person liable to pay such tax; or
(ii) In the description of any property or think liable to such tax; or
(iii) In the amount of assessment of such tax; or
(b) Any defec
(1) When any sum is due from any person on account of, —
(a) Tax on advertisements other than the advertisements published in newspapers; or
(b) Any other tax, fee or charges leviable under this Act;
the Chief Officer of the Municipality may either prosecute such person, if prosecution lies under the provisions of this Act, or cause to be served on him a notice of demand in such form, as may be prescribed or in any other form to the like effect.
(2) The provisions of
The Municipality may, by order, strike off from the books of the Municipality, any sum due on account of the tax on lands and buildings or any other tax, fee or charges leviable under this Act, which becomes irrecoverable after all process of recovery have been exhausted.
(1) In case of non-payment of any octroi or any toll on demand, the officer empowered to collect the same, may seize any goods on which the octroi is chargeable, together with the vehicle on which such goods have been imported or any vehicle or animal on which the toll is chargeable, or any part of its burden of sufficient value to satisfy the demand.
(2) Where there is reasonable suspicion that goods brought within the octroi limit have been under valued, such goods may be seized after paying fifteen per cent on the value of the goods as shown in the document.
(3) T
The collection of any octroi or toll may, with the previous sanction of the Government, be leased by the Municipality for any period not exceeding one year and the lessee and all persons employed by him in the management and collection of the octroi or toll, shall in respect thereof, —
(a) Be bound by the terms of the lease agreement.
(b) Be bound by any orders made by the Municipality for their guidance; and
(c) Be while discharging their functions responsible as if they were employed by the Municip
The Government may, for reasons to be recorded, by notification exempt in whole or in part from the payment of any tax levied under this Act,
(a) Any person or class of persons; or
(b) Any property or class of properties.
(1) It shall be the duty of a Municipality to provide civic services and in particular on the matters in relation to the functions assigned to a Municipality under this Act.
(2) A Municipality shall exercise such powers conferred upon a Municipality under this Act or Rules made there under to discharge its duties or performs its functions.
(1) On a notification issued by the Government, as provided under this Act, in relation to water supply, it shall be duty of the Municipality to take steps from time to time, —
(a) For ascertaining the sufficiency and wholesomeness of water supplied within the municipal area;
(b) For providing a supply of whole some water in pipes to every part of the municipal area of the Municipality in which there are houses, for domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connec
(1) The Chief Officer of the Municipality may, on application by owner, lessee or occupier of any building, arrange for supplying of water from the nearest main to such building for domestic purposes in such quantities, as deemed reasonable, and may at any time limit the amount of water to be supplied whenever considered necessary.
(2) For all water supplied under sub-session (1), payment shall be made at such rate, as may be fixed by the Government from time to time:
Provided that in fixing pro rata unit rate, the Government shall endeavour to cover the cost for ope
(1) The Chief Officer of the Municipality, may, supply water for any purposes, other than a domestic purpose, on such terms and conditions, consistent with this Act and the regulations made thereunder including the condition of withdrawal of water, as may be laid down in this behalf by the Municipality, on receiving a written application specifying the purposes for which the supply is required and the quantity likely to be consumed.
(2) For all water supplied under sub-section (1), payment shall be made at such rate, as may be fixed by the Government from time to time:
(1) When an application under Section 203 or Section 204 has been received, all necessary communication pipes and fittings, shall be supplied by the Municipality and the work of laying and applying such communication pipes and fittings, shall be executed under the orders of the Chief Officer of the Municipality.
(2) The cost of making such connection and of all communication pipes and fittings so supplied and of all works so executed shall be paid by the owner or the person making such application.
(3) Notwithstanding anything contained in sub-section (1), the Chief
(1) The Municipality may, in exceptional circumstances provide gratuitous supply of wholesome water to the public within the municipal area and may, for that purpose, erect public hydrants or stand-posts or other conveniences.
(2) The Municipality may close a public hydrant, stand-posts or other conveniences for reasons to be recorded in writing.
(3) The Municipality may, by regulations, provide for safety, maintenance and use of such public hydrants or stand-posts, subject to such conditions, as may be specified in the regulations.<
(1) The Chief Officer of a Municipality shall fix hydrants on water mains (other than trunk mains) at such places, as may be most convenient for affording supply of water for extinguishing any fire, which may break-out and shall keep in good order such hydrants, and may, from time to time renew such hydrants.
(2) to denote the situation of every hydrants placed under this section, letters marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as the work relating to any such hydrant is completed, the C
(1) The Municipality may, with the sanction of, and on such terms, as may be approved by the Government, supply water to a local authority or any person outside the municipal area.
(2) The supply of water under sub-section (1) shall be at such rate, not being less than the cost of production and delivery, including the costs of debt servicing, depreciation of plant and machinery, loss and other charges if any, as the Municipality may, from time to time, determine.
(1) All public tanks, reservoirs, cisterns, well, tube-wells, aqueducts, conduits, tunnels, pipes, taps and other water works, whether made, laid or erected at the cost, met from the Municipal Fund of the Municipality 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 constituted for that municipal area.
(2) All rights over the sub-soil water resources within a municipal ar
A Municipality may, —
(a) Carry out a survey of the existing consumption of and demand for water supply in the municipal area and of the water resources in or available for the municipal area and quality thereof;
(b) Prepare an estimate of the future water supply requirements of the municipal area;
(c) Formulate proposals as to the existing or future water supply requirements of the municipal area; and
(d) Formulate proposals for maintaining the quality of water resources.
For the purpose of providing the municipal area with the proper and sufficient supply of water for public and private uses, the Municipality: —
(a) Shall cause such tanks, reservoirs, engines, pipes, taps, and other water-works, as may be necessary to be constructed or maintained, within or outside the municipal area;
(b) May purchase or take on lease any water-works or any right to store ot to take and convey water either within or outside the municipal area; and
(c) May enter into an agreement with any person or authority for the s
Subject to the other provisions of the this Act, the Chief Officer of a Municipality shall manage all water-works and allied facilities belonging to the Municipality and shall maintain the same in good repair and efficient condition and shall cause to be done, from time to time, all such things, as shall be necessary or expedient for improving the said water-works and facilities.
(a) The Chief Officer of a Municipality, or any person appointed by the Government in this behalf, may, for the purpose of inspecting or repairing or executing any work, in, upon or in connection with any water-works at all reasonable times: —
(i) Enter upon and pass through any land within or outside the municipal area, adjacent to, or in the vicinity of, such water-works, in whomsoever such land may vest; and
(ii) Convey into and through any such land all necessary materials, tools and implements.
(b) In the exercise of any power c
(1) The Chief Officer of a Municipality shall, at all times, ensure that the water in any water-works belonging to the Municipality, from which water is supplied for domestic purposes is wholesome.
(2) The Municipality shall, when so required by any competent authority under any law for the time being in force, arrange for the examination of water, supplied for human consumption for the purpose of determining whether the water is wholesome.
(1) No person shall, except with prior permission in writing of the Municipality, sink any tube-well in any premises within the area of the Municipality subject to the provisions of the State Water Policy.
(2) The municipality may, grant such permission and issue a tube-well licence on such conditions and on payment of such annual fee, as the Municipality may, from time to time, specify.
(3) If any such work of sinking of tube-well is begun or completed within such permission, the Chief Officer of the Municipality, with the prior approval of the Municipality, may, —<
(a) Notwithstanding the provisions of Section 215, the Municipality may, be a written notice, require the owner of a premises to sink a tube-well, if the premises are to be used as a place of public resort, or as a market, or as a place of employment of more than fifty persons, or, in other cases, for reasons to be recorded in writing.
(b) Every such owner shall be bound to take out a tube-well licence on such conditions and on payment of such annual fee, as the Municipality may, from time to time, determine.
The Chief Officer of a Municipality shall, cause to be maintained a register, in such form and in such manner, as may be determined by regulations, which shall provide an inventory of the tube-wells, public or private, sunk in the municipal area of the Municipality and such register shall be updated from time to time.
Whenever a supply of water has been provided in any municipal area, the Municipality constituted for the municipal area may, by a written notice, require the owner, lessee or the occupier, as the case may be, of a well, tube-well, tank or other water area, forming a part of any premises in the said area, to fill up such well, tank, or other water area.
(1) No new well, tank, pond, cistern or fountain shall be dug or constructed in any municipal area without the previous permission in writing, of the Municipality constituted for that area subject to the provisions of State Water Policy.
(2) If any such work is begun or completed without such permission, the Chief Officer of the Municipality, with prior approval of the Municipality, may, —
(a) By written notice, require the owner or the other person, who has done such work to fill up or demolish such work within such time, as may be specified in the notice, and if th
The Municipal 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 apart thereof, subject to any rights, which the owner may retain with the consent of the Municipality, for any of the following purposes, namely: —
(a) For the supply of water exclusively for drinking or for culinary purposes or for both; or
(b) For the purpose of bathing; or
(c) For washi
(1) The Chief Officer of a Municipality may, lay main, whether within or outside the local limits of the Municipality, —
(a) In any street; and
(b) With the consent of every owner or occupier of any land not forming part of a street in, over or on that land,
and may, from time to time, in respect, repair, alter, or renew or may, at any time, remove any, main so laid, whether under this section or otherwise:
Provided that where a consent required for the purpose of this sub-section is withheld, the Ch
(1) The Chief Office of a Municipality may, in any street whether within or outside the local limits of the municipal area of the Municipality, lay such service pipes with such stopcocks and other water fittings, as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether under this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over, or, on the land not forming part of a street, the Chief Officer may, from time to
(1) The Chief Officer of a Municipality may, require the provision of a separate supply pipe for each of the premises supplied or to be supplied by the Municipality with water:
Provided that in case of any multi-storeyed building, the Chief Officer may require the provision of a separate supply pipe for each story of such multi-storied building or each independently occupied unit therein.
(2) If, in the case of any premises already supplied with water, but not having a separate supply pipe, the Chief Officer gives notice to the owner of the premises requiring the pro
If it appears to the Chief Officer of a Municipality that any premises in the municipal area, are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes, available for the persons usually occupying or employed in such premises, is inadequate or on any sanitary grounds objectionable, the Chief Officer may, by notice in writing require the owner of the premises or the persons primarily liable for the payment of the tax on lands and buildings in respect of the same,—
(a) To take a connection from the mains of the Municipality adequate for the r
(1) The owner of every premises connected with municipal water-works shall, when so required by the Chief Officer of a Municipality, set up electric pumps or other contrivances whereby water may be caused to reach the top of the topmost storey of such premises.
(2) No such electric pump shall be fixed directly on the main of the supply line, but shall be fixed on the under ground storage tank to be provided for the purpose by the owner.
(3) No booster pump shall be set up without a written permission of the Chief Officer.
Any owner or occupier of any building or land in a municipal area in which water supplied under this Act is misused from negligence or other circumstances under this control, or used without permission in excess of the quantity fixed under section 203 or section 204, or in which pipes, mains, or other works are out of repair to such extent, as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to the Chief Officer of the Municipality.
The Chief Officer of a Municipality or any officer of the Municipality authorised by the Chief Officer in writing in this behalf may, between sunrise and sunset, enter any premises supplied with water by the Municipality in order to examine, if there is any waste or misuse of such water and the Chief Officer or such officer, shall not be refused entry into the premises nor shall be obstructed by any person in making his examination.
The Chief Officer of a Municipality may cause to be tested any water fitting used in connection with water supplied by the Municipality.
(1) Notwithstanding anything contained in this Act, the Chief Officer of a Municipality may, cut off the connection between any water works of the Municipality and any premises to which water is supplied from such works, or may turn off such supply, in any of the following cases, namely: —
(a) If the person whose premises are supplied with water, neglects to pay any sum payable under Section 203 or Section 204 when due, or fails to give notice as provided in Section 225.
(b) If the premises are unoccupied;
(c) If, after receipt of a
(1) No water pipe shall be laid in a drain or on the surface of an open channel or house gully or within six metres of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted and no well or tank, and except with the consent of the Chief Officer of the Municipality, no cistern shall be constructed within six metres of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six metres of any well, tank, water pipe or cistern or in any position where pipe, well, tank or cistern is likely to be inju
(1) If the Chief Officer of a Municipality is of the opinion that the water in, or obtained from, any well, tube well, tank or other source of supply, not vested in the Municipality, being water, which is or is likely to be used for domestic purposes or for the preparation of food or drink for human consumption, is or is likely to become so polluted as to be prejudicial to health, the Chief Officer may, after giving the owner or the occupier of the premises in which the source of supply is situated, a reasonable opportunity of being heard, in such manner, as may be prescribed, by order, direct that the source of supply be permanently
It shall be incumbent on the owner or the occupier of any premises to which water is supplied from any waterworks belong to the Municipality to keep in a thoroughly clean condition, and to maintain and keep in efficient repair every supply pipe connecting the premises to the supply mains of the Municipality and any other water fittings in the premises:
Provided that upon an inspection, the Chief Officer of the Municipality may, by written notice, require the owner or the occupier of the premises to remedy any defect, which he may find:
(1) The Chief Officer of a Municipality may, provide a water-metre and attach the same to the supply pipe in the premises connected with the service mains of the Municipality. (2) The expenses of providing and attaching a metre under sub-section (1) shall be paid out of the Municipal Fund of the Municipality and the consumer shall be charged rent for the same.
(1) Notwithstanding anything contained in section 233, the owner may, with the previous permission of the Municipality, install at his own 5 cost a water-metre of such size, material and description, as the Municipality may approve and it shall be sealed by the Municipality.
(2) In case of the water-metre being out of order, shall be repaired by the owner at his own cost within fifteen days failing which the owner shall be liable to pay for the supply of water a fee, which shall be two times the average of the two preceding bills.
When water is supplied under this Act through a metre, it shall be presumed that the quantity indicated by the metre, has been consumed, until the contrary is proved.
(1) No person shall fraudulently, —
(a) Alter the index to any metre or prevent any metre from duly registering the quantity of the water supplied; and
(b) Abstract or use water before it has been registered by a metre set up for the purpose of measuring the same.
(2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, obstruction or use shall be an evidence that the consumer has fraudulen
In premises where a metre has been attached on a supply pipe, the occupier shall be liable to pay for the water, shown to have been consumed on the basis of the readings recorded b the metre;
Provided that where a water-metre attached to the supply pipe in any premises or building connected with the service mains of the Municipality, goes out of order, or where there is a dispute about the proper operation of such water-metre, or where such water-metre I fraudulently altered or tampered with, the fee for the supply of water to such premises or buildings, shall be two
A Municipality may, with the prior approval of the Government, entrust the work of operation and maintenance of the water supply system within the municipal area and the work of billing and collection of water charges to any Government, statutory or private agency, subject to such condition, as the Municipality may, determine.
If any offence relating to water supply is committed under this Act on any premises connected with the municipal water-works the owner, the person primarily liable for payment of tax on lands and buildings, and the occupier of the said premises, shall be jointly and severally liable for such offence.
From a date appointed by the Government by a notification issued in this behalf, the municipality shall construct and maintain drains and sewers and provide a safe and sufficient out-fall, in or outside the municipal area for effectual drainage and proper discharge of storm water and sewerage of the municipal area in such manner as not to cause any nuisance whether by flooding part of the municipal area or any surrounding area.
For the purpose of receiving, treating, storing, disinfecting distributing or otherwise disposing of sewage, the Municipality may construct, operate, maintain, develops and manage any work within or outside the municipal area.
(1) All public drains, all drains in, alongside or under any public street, and all sewage disposal works, constructed or acquired out of the Municipal Fund of a Municipality or otherwise, and all works, materials and things appertaining thereto, which are situated within or outside the municipal area, shall vest in the Municipality.
(2) All public and other drains, which are vested in the Municipality are hereafter in this Act referred to as municipal drains.
(3) For the purposes of laying, constructing, enlarging, deepening or otherwise repairing or maintaining any
A Municipality may, with the prior approval of the Government, subject to such conditions, as the Municipality may determine, make over to, or take over a statutory body and drain or sewer or sewage disposal works for administration and management thereof.
All municipal drains and sewers, all sewage disposal works and all works, materials and things appertaining thereto, shall be under the control of the Municipality.
(1) The Chief Officer of a Municipality may carry any municipal drain through, across or under any street or anyplace laid out as or intended for a street or under any cellar or vault, which maybe under any street and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the municipal area or for the purpose of out-fall or distribution of sewage outside the municipal area of the municipality.
(2) The Chief Officer may enter upon the construct any new drain in the place of an existing drain in any land w
The Municipality may enlarge, alter the course of, lessen arch over or otherwise improve any municipal drain within the municipal area of the Municipality and may discontinue, close up or destroy any such drain which has, in its opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Municipality shall, as soon as may be, provi
(1) The Municipal drains shall be so constructed, maintained and kept by the Municipality as to create the least practicable nuisance and shall, from time to time, be properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said rains the Municipality may, construct or set up such reservoirs, sluices, machines and other works, as it may, from time to time, determine.
(1) No person shall throw, empty or turn into any municipal drain or into drain communicating with a municipal drain, —
(a) Any matter likely to damage the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
(b) Any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade being refuse or steam which, or a liquid which when so heated, is either alone or in combination with the contents of t
(1) Subject to such conditions, as maybe laid down in the regulations made in this behalf, the owner or occupier of any premises having a private drain or the owner of any private drain within the municipal area may apply to the Chief Officer of a Municipality to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface from those premises;
Provided that nothing in this sub-section shall entitle any person, —
(a) To discharge directly or indirectly into any municipal drain any trade effluent from any trade premises e
(1) Where any premises are, in the opinion of the Chief Officer of a Municipality, without sufficient means of effectual drainage and a municipal drain, or some place approved by him for the discharge of sewage and other polluted and obnoxious matter, is situated at a distance, not exceeding thirty metres from any part of the said premises, he may, by a written notice, require the owner of the said premises, —
(a) To construct a drain emptying into such municipal drain or place
(b) To provide and set up all such appliances and fittings, as may appear to the Chief Off
(1) It shall not be lawful to erect or re-erect any premises in the municipal area or to occupy any such premises unless: —
(a) A drain is constructed of such size, materials and descriptions at such level and with such fall, as may appear to the Chief Officer of the Municipality to be necessary for the effectual drainage of such premises,
(b) There have been provided and set upon such premises such appliances and fittings, as may appear to the Chief Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter f
(1) Where the Chief Officer of a Municipality is of the opinion that any group or block of premises maybe drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Chief Officer may, cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1), in respect of any group or block of premises, shall be paid by the owners of such premises in su
Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable, but is not, in the opinion of the Chief Officer of a Municipality adopted to the general system of drainage in the municipal area, he may, by written notice addressed to the owner of the premises, direct, —
(a) That such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
(b) That such drain shall, from such date, as maybe specified in the notice in this behalf, be used
(1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may, with the prior approval of the Chief Officer of the Municipality, make a private arrangement with the owner for permitting his use of the drain or may apply to the Chief Officer for authority to use such drain or to be declared joint owner thereof.
(2) Where the Chief Officer either on receipt of an application under sub-section (1), or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain bel
Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage, shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, as referred to in sub-section (3) of Section 254.
Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Chief Officer of a Municipality to require that there shall be one drain for sewage, offensive matter and polluted water and an entirely distinct drain for rain water or unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.
For the purpose of efficient drainage of any premises the Chief Officer of a Municipality may be notice in writing, —
(a) Require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner, as may be approved by the Municipality; or
(b) Require the level of such courtyard, alley or passage to be raised; or
(c) Require such paving to be kept in proper repair.
Subject to the provisions of this Act and the regulations made thereunder and of any other law for the time being in force, the occupier of any trade premises may, with the approval of the Municipality or, in so far as may be permitted by this Act or the regulations made thereunder or any other law for the time being in force, without such approval, discharge into the municipal drains any trade effluent proceeding from those premises.
Notwithstanding anything contained in this Act or the regulations made thereunder or any usage, custom or agreement, where in the opinion of the Chief Officer of a Municipality, any trade premises are without sufficient means of effectual drainage and treatment of trade effluent or the drains thereof, though otherwise unobjectionable, are not adopted to the general drainage system of the municipal area, or the effluent is not of specified purity, the Chief Officer may be written notice require the owner or occupier of such premises, —
(a) To discharge the treated trade effluent in such manner, at suc
(1) No person shall construct a cesspool, —
(a) Beneath any part of any building or within fifteen metres of any tank, reservoir, water-course or well;
(b) Upon any site or in any position in the municipal area of a municipality, which has not been approved by the Chief Officer of the Municipality; or
(c) Upon any site in any position outside the municipal area, which has not been so approved and is situated within ninety metres of any reservoir used for the storage of wholesome water to be supplied to the municipal area.
(1) No person shall within the area of a Municipality construct any house-drain, urinal or other receptacle, not being a cesspool, for sewage or offensive matter within fifteen metres of any tank, well or water-course or any reservoir for the storage of water, unless he firt satisfies the Chief Officer of the Municipality that he will take such action, as will prevent any risk of sewerage or offensive matter passing by percolation or otherwise into such tank, well, water-course or reservoir.
(2) The Chief Officer may, at any time by a written notice, require any person within whose premises is situat
Subject to the provisions of section 263 and such regulations, as may be made by the Municipality in this behalf, the Chief Officer of the Municipality may, permit in any unsewered area, the construction of septic tanks and sanitary privies and urinals connected with such septic tanks;
Provided that no such permission shall be granted unless in the opinion of the Chief Officer, there is sufficient open space available for the site of such septic tank;
Provided further that the disposal from septic tank shall be such as not to pollute ground water;
Without the written permission of the Chief Officer of a Municipality, no person shall for any purpose whatsoever, at anytime, make or cause to be made any connection or communication with any drain referred to in section 244 or any water-works or mains constructed or maintained by, or vested in, the Municipality.
(1) Without the permission of the Municipality, no railway or private street shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water-works constructed or maintained by, or vested in, the Municipality.
(2) If any railway or private street is constructed of any building, wall, fence or structure erected on any drain or water-works as aforesaid, without such permission of the Municipality, the Chief Officer may remove or otherwise deal with the same as he may think fit.
(1) The Chief Officer of a Municipality may, place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or outside the local limits of the municipal area of a Municipality without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes of drains, after giving a reasonable notice of his intention so to do, enter on any property over, under along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed: (1) If it appears to the Chief Officer of a Municipality that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Chief Officer may, by order in writing, authorise the owner of he premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order, the Chief Officer shall, give to the owner of the immovable property, a reasonable opportunity of showing cause within such time, as If the Municipality desires to place or carry any pipe or drain or do any other work connected with the water supply for drainage across any railway line, it shall inform the railway administration, who may execute the same at the cost of the Municipality.S.267 Requirement to inform certain cases
(1) When under the provisions of this Act, any person maybe required or is liable to execute any work in relation to water supply, drainage and sewerage within the municipal area of a Municipality, the Chief Officer of the Municipality may, in accordance with the provisions of this Act and of the regulations made in this behalf cause such work to be executed after giving such person an opportunity of executing the same within such time, as maybe specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Chief Officer in the execution of any such work, shall be payabl
For the purpose of ventilating any drain or cesspool whether vested in the Municipality or not, the Chief Officer of the Municipality may, in accordance with the regulations made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe, as may appear to him to be necessary.
(1) Where it appears to Chief Officer of a Municipality that there are reasonable grounds for believing that within Municipal area of a private drain or cesspool is in such condition, as to be prejudicial to health or a nuisance or that a private drain, communicating directly or indirectly with a municipal drain, is so defective as to, admit sub-soil water, he may examine condition, and for that purpose may apply any test other than a test by water under pressure, and if he deems it necessary may open the ground.
(2) If on examination, the drain or cesspool is found
The Government may, for reasons to be recorded direct that any specified work, repair, renewal or replacement, which is to be undertaken by or for the Municipality, shall be carried out on behalf of the Municipality by the Government, and Municipality shall pay to the Government the charges therefore at the rates and subject to the terms for the time being applicable in case of works, constructed by the Government on behalf of a local authority.
(1) The Municipality may grant license to any person processing such technical qualifications, as maybe prescribed to act as a licensed plumber.
(2) No person other than a licensed plumber, shall execute any work described in Chapter II and Chapter III of this Part and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Chief Officer of the Municipality, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
<(1) No person shall, —
(a) Wilfully obstruct any person acting under the authority of the Municipality or the Chief Officer of the Municipality, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made of or the same purpose; or
(b) Wilfully or negligently break, damage, turn on, open, close, shut off or otherwise interfere with any lock, cock, value, pipe, metre or other work or apparatus belonging to the Municipality
(1) The Municipality shall levy sewerage charges on the owners of premises for connection of premises to sewerage mains at such rate, as the Government may, from time to time fix
(2) Where the owner of any premises in a locality where sewer is laid by the municipality has not taken connection from the sewerage mains, he shall be liable to pay a sewerage cess at such rate, as the Government may, from time to time, fix:
Provided that where the owner fails to pay the sewerage cess, the sewerage cess shall be realised from the occupier and the occupier shall been entitle
The Municipality may, with the prior approval of the Government, entrust the work of operation and maintenance of sewerage works in the municipal area and the work of billing and collection of sewerage charges to any Government, statutory or private agency.
(1) All private connections of premises to the service mains of the Municipality for the supply of water thereto and all pipes, taps and other water-fittings, used for such supply, and all drains, pipes and appurtenances thereto, shall be made, maintained and regulated in accordance with the subject to such rules, as may be made in this behalf, and such rules shall form a part of a Municipal Water Supply, Sewerage and Drainage Code:
Provided that in making such rules, due regards shall be given to the relevant codes relating to water supply, sewerage and drainage and other matters related thereto, pu
For the purpose of securing the efficient scavenging and cleaning of all streets, public places and premises in the municipal area of a Municipality, the Municipality shall undertake the functions of collection, removal and disposal of solid wastes.
(1) The Chief Officer of a Municipality shall take measures for securing, —
(a) The surface cleaning of all streets in the Municipal area and removal of sweeping therefrom;
(b) The removal of the comments of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, trade refuse, carcasses of dead animals, filth and excrementitious and polluted matter;
(c) The removal of special wastes and hazardous wastes and other solid wastes
(1) The Chief Officer of a Municipality shall, —
(a) Provide or appoint in proper and convenient situations within the municipal area of the Municipality, public receptacles, depots or places for the temporary deposit of —
(i) Rubbish
(ii) Offensive matter
(iii) Filth
(iv) Trade refuse
(v) Carcasses of dead animals
(vi) Excrementitious matter
(vii) Plastics and Plast
All matters deposited in public receptacles, depots and places, provided or appointed under section 279 and all matters collected by the municipal employees or contractors in pursuance of section 278 and section 286, shall be the property of the Municipality.
The Municipality may cause the solid wastes to be disposed of at such place or places within or outside the municipal area and in such manner, as it considers suitable:
Provided that no place, which has not been before the commencement of this Act, used for the purpose specified in this section, shall be used, except in conformity with the provisions of the Nagaland Town and Country Planning Act, 1966 (Act No: 4 of 1966), and any other law relating thereto for the time being in force:
Provided further that the solid wastes shall not
The Municipality may, for the purpose of receiving, storing, treating, processing and disposing solid wastes or converting such solid wastes into compost, re-cycling or generation of energy, construct, acquire, operate, maintain, develop, and manage any work within or outside the municipal area.
Subject to the other provisions of this Chapter the Chief Officer of a Municipality shall perform all the functions and manage all the places or works related to collection, removal and disposal of solid wastes accumulating in the municipal area.
(1) It shall be the duty of the owners and occupiers of all premises in the municipal area, —
(a) To have the premises swept and cleaned,
(b) To cause all rubbish, offensive matter, filth, trade refuse, if any, carcasses of dead animals, excrementitious matter, plastics and plastic material, bio-medical waste and other polluted and obnoxious matters to be collected from their respective premises and to be deposited at such times, as the Chief Officer, of the Municipality, by public notice specifies, in pubic receptacles, depots or places provided or appointed under s
It shall be the duty of the owners and occupiers of every premises situated in any portion of he municipal area in which latrine or urinals are not connected by a drain with a municipal sewer or drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 279 at such times, in such vehicles or vessel, by such route and with such precautious, as the Chief Officer, of a Municipality may, by public notice; direct:
Provided that nothing in
(1) Where the Chief Officer of a Municipality has given public notice in respect of any portion of the municipal area of the Municipality that the collection, removal and disposal, of all filth and polluted and obnoxious matter from latrines, urinals and cesspools will be undertaken by an agency of the Municipality, it shall be lawful for the Chief Officer to take measures for the daily collection, removal and disposal of such filth and polluted and obnoxious matter from all premises situated in that portion of the municipal area:
Provided that in areas where the municipal drains and sewers have been
The Chief Officer of a Municipality may, if he thinks fit, —
(a) By written notice, require the owner or the occupier of any premises used —
(i) As factory, workshop or for carrying on any manufacture; or
(ii) As a trade premises or shops or as a market or slaughter house; or
(iii) As a hotel, eating house, or restaurant; or
(iv) As a hospital or nursing home; or
(v) as a warehouse or go-down; or
(vi
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Chief Officer or a Municipality, any rubbish, filth and other polluted and obnoxious mater or such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious mater from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious mater in the manner directed by the Chief Officer, or fail to comply with any requisition of the Chief Officer as to the construction, re
If any street or public place under the control of the Government or any statutory body, or any premises to which large number of persons resort to, is not properly or regularly scavenged or is, in the opinion of the Chief Officer or a Municipality, in a filthy and unwholesome condition, the Chief Officer may, by written notice, require the owner or the occupier to do the scavenging or cleansing or may cause scavenging or cleansing to be done and the cost of such scavenging or cleaning shall be recovered from the owner or the occupier thereof.
(1) The Municipality may, by regulations, determine any class or classes of buildings in the cases of which, any building plan shall not be sanctioned, except in conformity with the regulations made by the Municipality for construction on the premises of receptacle for temporary deposit of solid wastes.
(2) The Municipality may, by regulations, determine the types, materials of construction or designs on the basis of which such receptacles, trailers or other means for removal of solid wastes maybe constructed and where these maybe located in any premises, and the person applying for sanction of build
No person shall, —
(a) Deposit or throw or cause or permit to be deposited or thrown any solid waste on or in any place in contravention of the provisions of this Act, and the regulations made thereunder;
(b) Cause of knowingly or negligently allow the contents of any sink, sewer or cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or sewer or drain not set apart for the purpose:
(c) Make or cause to be made, or alter or cause to be altered, any drain leadi
(1) All public streets and parking areas in the municipal area of a Municipality including the soil, sub-soil, stones, other materials, side-drains, footpaths, pavements, sub-ways and overbridges and all erection, implements and trees and other things provided therein, shall vest in the Municipality constituted for that municipal area:
Provided that no public street in a municipal area, which immediately before the commencement of this Act, vested in the Government or in any statutory body shall, unless so directed by the authority competent to take a decision in this behalf, vest in the Municipality
(1) The Municipality shall cause all public streets, parking area, squares, sub-ways, overbridges, parks and gardens vested in it to be developed, maintained, controlled, and regulated in accordance with this Act and regulations made in this behalf.
(2) The Municipality shall from time to time cause all public streets vested in it to be levelled, metalled, paved, channelled, altered or repaired and may widen, extend or otherwise improved any such street or cause the soil thereof to be raised, lowered or altered or may place and repair, fences and posts for the safety of pedestrians.
(1) Municipal Council or a Town Council, as the case may be, shall constitute a Municipal Streets Technical Committee with not less than 3 members
(2) In condition to the members elected in sub-section (1), the Municipal Streets Technical Committee shall have five other members, namely: —
(a) The Chief Officer of the Municipality who shall be the Convenor member of the Committee;
(b) A Police Officer, not below the rank of a Deputy Superintendent of Police, to be nominated by the Senior Superintendent of Police of the district concer
Subject to the provisions of the Indian Telegraph, Act, 1885 (Act 13 of 1885), the Indian Electricity Act, 1910 (Act 9 of 1910), and such other Act, as may be notified by the Government for the purpose of this section, the Government may by rules provide for the following, namely:
(a) The sanction by the Municipality of specific rights of way in the sub-soil of public and private streets in any municipal area for different public utilities including electric supply telephone or other telecommunication facilities, gas pipes, water supply, sewerage and drainage, and underground rail system, pedestrian
The Chief Officer of the Municipality shall, cause to be maintained complete survey maps, drawings and descriptions of all the underground utilities in the municipal area of the Municipality, and of maps of fire hydrants and sewerage man-holes in such form and in such manner, as may be prescribed and shall, ensure the secrecy of he same in conformity with the provisions of the Official Secrets Act, 1923 (Act 19 of 1923).
The Municipality may, at any time, —
(a) Lay out and make new public streets; and
(b) Construct bridges and sub-ways; or
(c) Turn or divert any existing public street; or
(d) Lay down and determine the position and direction of a street or streets in any part of the municipal are notwithstanding that no proposal for the erection or any building in its vicinity has been received; or
(e) Declare any street, made and duly executed either under any scheme specified in se
No new public street made or declared under this Chapter, shall be less than ten metres in width, including the footpath:
Provided that such width may be reduced by the Municipality for reasons to be recorded in writing, but the width shall in no case be less than six metres.
The Municipality may, subject to the other provisions of this Act, —
(a) Acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street, or of making a new one, together with any building standing upon such land;
(b) Acquire, in relation to any land or building as aforesaid, such and with building, if any, thereon outside the regular line or the projected regular line of such public street; and
(c) Acquire any land for the purpose of laying out or m
The Municipality may permanently close the whole or any part of a public street in the public interest or for the purpose of carrying out the provisions of this Act:
Provided that before closing of such pubic street, the Municipality shall, by notice publish in the manner specified by regulations, give reasonable opportunity to the residents likely to be affected by such closure to make suggestions and objections with respect to such closure and shall consider all such suggestions or objections which may be made within one month from the date of publication of the said notice.
Whenever any public street or a part thereof is permanently closed under section 300, the site of such street or any portion thereof, may be disposed of as land vested in the Municipality.
The Chief Officer of a Municipality may, temporarily close the whole or any part of a public street to permit development and maintenance work, and may authorise such closure for other purposes for any period not exceeding fifteen days.
(1) The Municipality may, close any portion of a public street and declare it as a parking area.
(2) Parking fees at different rates for different types of vehicles, for different areas, for different time of the day, and for different duration, may be levied at such rates, as may be determined by the Municipality by regulations.
(1) The Municipality may, —
(a) Prohibit or regulate, either temporarily or permanently, vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to public or to ensure quietness in any locality;
(b) Prohibit, in respect of a public street or a portion thereof, the transit of any vehicle of such type, from, construction, weight, emission or size, or of any vehicle laden with such heavy or unwieldy object, as is likely to cause injury to the roadways or any construction thereon, or of any vehicle on he ground
(1) The Municipality may, with due regard to the minimum widths specified for various categories to streets including the footpaths abutting the same, define the regular line on one or both sides of any public street or portions thereof in accordance with regulations made in this behalf and may, redefine at any time any such regular line:
Provided that, before defining or re-defining, as the case may be, the Municipality shall, by public notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed de
(1) If any part of a building abutting on a public street is within the regular line of the street, the Municipality 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; or
(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
(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Municipality, it is necessary to set back building or a part thereof to the regular line of such street, the Chief Officer of the Municipality shall, by a notice served on the owner of such building in the Municipality shall, 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 acquired by the Municipality.
The Municipality may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may require any building to be set forward in the case of reconstruction thereof or of a new construction.
Explanation — For the purposes of this section, a wall separating any premises from a public street, shall be deemed to be building; and it shall be deemed to be a sufficient compliance with permission or the requirement to
If any land, whether open or enclosed, not vested in the Municipality and not occupied by any building is within the regular line of a public street or if any platform, verandah, step, compound wall, hedge or fence or some other structure, authorised or not, external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Chief Officer of the Municipality, with the prior approval of the Municipality may, after giving the owner of such land or building, not less than seven clear days notice of his intention so
(1) Where a land or building is partly within the regular line of a public street and the Municipality is satisfied that the land remaining after the excision of the portion within such line, will not be suitable or fit for any beneficial use, it may, at the request of the owner, acquire such land in addition to the land within such line and such surplus land shall be deemed to be a part of the public street and shall be vest in the Municipality.
(2) Such surplus land may, thereafter, be utilised for the purpose of setting forward a building under section 308 or any
(1) Compensation shall be paid buy the Municipality to the owner of any buildings or land acquired for a public street under the provision s of sections 306, 308 and 309 for any loss, which such owner may, sustain in consequences of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Municipality.
(2) If in consequence of any order to set forward a building the owner of such building sustains may loss or damage, compensation shall be paid to him by the Municipality for such loss or damage.
(3) If t
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Municipality, it may, by a written notice, require, the owners of the such street or part thereof and the owners of the lands and the buildings fronting or abutting on such street or part thereof, to carry out any work which, in the opinion to the Municipality, may be necessary and within such times, as may be specified in such notice.
(2) If the work is not carried out within the time specified in the noti
(1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under section 312 to the satisfaction of the Municipality, the Municipality may, and, on the requisition of a majority of the owners referred to in sub-section (1) of that section shall declare such street to be a public street and thereupon the street shall vest in the Municipality.
(2) The Municipality may at any time, by notice fixed up in any street or part thereof, not maintainable by the Municipality but which has already been levelled, paved, meta
(1) Except as provided in section 315, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will, —
(a) Overhang, jut or project into or obstruct in any way the safe or convenient passage of the public along, any street; or
(b) Put or project into any drain or open channel in any street so as to interfere within any way the use or proper working of such drain or channel or to impede the inspection or cleaning thereof.
(2) The Chief Officer of the Municipality may, by a wri
The Municipality may give permission, on such terms and on payment of such fee, as it thinks fit, to the owner or occupier of the building in a street, —
(a) To erect an arcade, over such street or any portion thereof; or
(b) To put up a verandah, balcony arch, connecting passage, sunshade, weather frame, canopy, lawning or other such structure of things projecting from any storey over or across any street or portion thereof:
Provided that the Municipality may at any time by a written notice require
The Municipality may, at any time, by a written notice, require the owner of any premises on the ground floor of which any door, gate, bat or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as is likely to obstruct the safe or convenient passage of the public along such street, to have such door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Chief Officer of the Municipality granted in this behalf, erect or set up any wall, fence, rail, post, step, booths or other structure, whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or a projection over or to occupy, any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Chief Officer and on payment of such fee, as the Chief Off
(1) Notwithstanding anything contained in section 308, 314 or 315 or any regulations relating to streets and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government—
(a) The Municipality shall not in respect of such street grant permission to do any act, the doing of which without its written permission would contravene the provisions of section 314 or section 315 or allow any building to be set forward under the provisions of section 308, except with the sanction of the Government, which may be given in respect of a class of case
The Chief Officer of a Municipality may, without notice, cause to be removed. —
(a) Any stall, chair, bench, box, ladder, bale, board or shelf or any other thing whatsoever placed, deposited, projected, attached, or suspended in, upon, from or to any place in contravention of the provisions of this Act; and
(b) Any article whatsoever hawked or exposed for sale on any public place or in any public street or footpath in contravention of the provisions of this Act, and any vehicle, package, box, board, stall or any other thing in or on which such article is placed or ke
(1) No person shall tether any animal or cause or permit any animal to be tethered in any public street.
(2) No person shall milk or cause or permit to be milked any cow or buffalo or other animal in any street.
(3) Any animal tethered or any cow or buffalo or other animal found being milked as aforesaid in any street, may be removed by the Chief Officer of the Municipality or any officer or employee of the Municipality authorised by it in this behalf and be impounded and dealt with under the provisions of the Nagaland Cattle-trespass Act, 1985.
(1) The Municipality shall, so far as is practicable during the construction or repair of any public street or any municipal drain or any premises vested in the Municipality, —
(a) Cause the same to be fenced and guarded;
(b) Take proper precautions against accident by shoring up and protecting the adjoining buildings; and
(c) Cause such bars, chains, or posts to be fixed across or in any street in which any such work of construction or repair is under execution, as are necessary in order to prevent the passage of vehicle or animals
(1) No person other than the Chief Officer of a Municipality or an officer or other employee of the Municipality shall, without the written permission of the Chief Officer or without other lawful authority, —
(a) Open, break up, displace, take up or make any alteration in, or cause any injury to, the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street; or
(b) Deposit any building material in any street; or
(c) Set up in any street any scaffold or any temporary erection for the purpos
(1) The Chief Officer of a Municipality may granter permission for any work referred to in section 322, on such conditions and on deposit of such sum of money in advance, as may be determined by regulations for carrying out the work and restoring the street or pavement on which the work is carried out to its original condition.
(2) Every person to whom any permission is granted under section 322, shall, at his own expense, cause the place where any soil or pavement has been open or broken up or where he was deposited building materials or set up any scaffold, erectio
(1) Every person to whom permission is granted under section 323 to open or break up the soil or pavement of any street or who, under other lawful authority, opens or breaks up the soil or pavement of any street shall, with all convenient speed, complete the work of which the soil or pavement is opened up, fill up the ground, and reinstate and make good the street so opened or broken up without delay and to the satisfaction of the Chief Officer of the Municipality.
(2) If such person fails to reinstate and make good the street as aforesaid, the Chief Officer may rest
(1) The Chief Officer of a Municipality may, when any such works as referred to in section 324 or any work, which may lawfully be executed in any street is in progress, direct that such street shall be wholly or partially closed to traffic or to traffic of such description, as he may think fit, and shall set up in a conspicuous position or an order prohibiting traffic to the extend so directed, and fix such bars, chains or post across or in the street, as he may think proper for preventing or restricting the traffic therein.
(2) No person shall, without the permission of the Chief Officer or without
When the execution of any work is in progress in any street, the Chief Officer of Municipality shall, so far as may be reasonably practicable, make adequate provisions for the passage or diversion of traffic, for securing access to premises approached from such street and for such drainage, water supply or means of lighting, as may be interrupted by reason of the execution of such work.
The Chief Officer of a Municipality may, by a written notice, require any person to whom permission is granted under section 323 to open or break up the soil or pavement of any street or who, under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provisions to his satisfaction for the passage or diversion of traffic, for securing access to the premises approached from such street and for such drainage, water supply or means of lighting as may be interrupted by reason of the execution of such work and if such person fails to do it, the Chief Officer may ca
(1) Any of the things caused to be removed by the Chief Officer of a Municipality under this Chapter shall, unless the owner thereof turns up to take back such things and pays to be Chief Officer the charges for the removal and storage of such thing within such periods, as the Chief Officer may specify, be disposed of by the Chief Officer within seven days of the expiry of such period by public auction or in such other manner, as he thinks fit.
(2) The charges for removal and storage of the things sold under sub-section (1), shall be paid out of the proceeds of the s
(1) If any place is, in the opinion of the Chief Officer of a Municipality, for want of sufficient repair or protection or enclosure, or owing to some work being carried out thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or the occupier of such place, who have legal access thereto or to the neighbourhood thereof, the Chief Officer may, by a notice in writing, require the owner or the occupier of such place to repair, protect or enclose the same or to take such other steps as to repair, protect or enclose the same r to take such other steps as may appear to the Chief
(1) The Municipality may, —
(a) Determine the name or number by which any street or public place vested in the Municipality shall be known;
(b) Cause to be put up or painted at a conspicuous part of any building, wall or place at or, near each end, corner or entrance of such street, the name or number by which it shall be known;
(c) Cause to be put up or painted on boards of suitable size the name of any public place vested in the Municipality; and
(d) Determine the number or sub-number by which any premises or part thereof, shall be known and cause such nu
(1) The Municipality shall, —
(a) Take measures for lighting, in a suitable manner, such public streets, public places, squares, parks, gardens, municipal markets and properties of the Municipality, as may be specified by it;
(b) Procure, erect and maintain such number of lamps, lamp posts and other appurtenance, as may be necessary for the purpose as aforesaid; and
(c) Cause such lamps to be lighted by appropriate means.
(2) The Municipality may, attach to the outsi
(1) No person shall, without lawful authority, take away wilfully or negligently, break or throw down or damage, —
(a) Any lamp or any appurtenance or 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; and
(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 u
(1) No person shall make any encroachment on any land, Premises, street or public place, not being private property, whether such land, premises, street or public place belongs to or vests in the Municipality or not, by raising a temporary or permanent structure on such land, premises, street or public place nor shall abet such encroachment or illegal occupation of such land, premises, street or public place:
Provided that, subject to such regulations, as may be made in this behalf, parking or setting up steps for providing passage to the houses and shops in a street or a drain, channel, well or tank
(1) Notwithstanding anything contained in section 333, the Chief Officer of a Municipality or any officer authorised by the Municipality in this behalf, shall, in addition to any other action, which may be taken under section 333, also have power to seize or attach any property found on the land, premises, street or public place referred to in that section or, as the case may, be attached to or permanently fastened to anything attached to such land, premises, street or public place.
(2) Where any property is seized or attached under sub-section (1) by an officer, aut
(1) The Chief Officer of a Municipality may make such orders, as he may think fit for the proper custody of the property seized or attached under section 334, pending the conclusion of confiscation proceedings and if, the property is subject to speedy and natural decay, of it is otherwise expedient so to do, the Chief Officer may cause such property to be sold or otherwise disposed of.
(2) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses incurred in connection with such sale or other incident expenses relating thereto, shall, —
(1) Where any property is seized on attached under section 334, the Municipality may subject to the provisions of sub-section (2), order confiscation of such property.
(2) No order for confiscation of a property under sub-section (1), shall be made unless the owner of such property or the person from whom it is seized or attached is given, —
(a) A notice in writing informing him of the grounds on which it is proposed to confiscate the property;
(b) An opportunity of making a representation in writing, within such reasonable time, as
(1) Any person aggrieved by such confiscation order, made under section 336 may, within one month from the date of communication to him of such order, appeal against it to the Principal Judge of the District in which such property is seized or attached.
(2) On such appeal, the Principal Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further order that he may think proper in the matter.
Subject to the provisions of sub-section (3) of section 336, whenever any property is seized or attached pending confiscation under sub-section (1) of the said section, the Municipality or the Principal Judge shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make order with regard to the possession, delivery, disposal, release or distribution of such property.
(1) Where any person is prosecuted of an offence for the contravention of the provisions of sub-section (1) of section 333, the burden of proving that he has not committed the said offence shall be on such person.
(2) No officer or employee of the Municipality shall, permit any person to encroach upon or abet in encroachment upon any property specified in sub-section (1) of section 333.
Provided that no court shall take cognisance against such employees of the offence under this sub-section, except with the previous sanction of the Municipality.
In this Chapter, unless the context otherwise requires the expression, — (1) “To erect a building” means, — (a) To erect a new building on any site, whether previously built upon or not; (b) To re-erect, — (i) Any building of which more than one half of the cubical contents above the level of plinth have been pulled down, burnt or destroyed; or (ii) Any building of which more than one half of the superficial area of he external walls above the level of plinth, has be (1) For each municipal area, there shall be constituted by the Municipality, a Municipal Building Committee. (2) The Municipal Building Committee shall consist of three members of Municipal Council or Town Council. (3) In addition to the members elected under sub-clause (2), the Municipal Building Committee shall consist of the following members, namely: — (i) The Chief Officer of the Municipality, who shall be the Member Secretary, (ii) The Municipal Engineer; (iii) No person shall erect or commence to erect any building or execute any of the works specified in sub-clause (b) of clause (1) of Section 340 in any municipal area, except with the previous sanction of the Chief Officer of the Municipality and in accordance with the provisions of this Act and the regulations made thereunder in relation to such erection of building or execution of work, as the case may be.S.341 Municipal Building Committee
S.342 Prohibition of erection without sanction
(1) Every person who intends to, —
(a) Erect a building; or
(b) Execute any of the works specified in sub-clause (b) of clause (1) of section 340, in any municipal are shall, apply for sanction by giving notice in writing of his intention to the Chief Officer of the municipality in such form and containing such information, as may be prescribed.
(2) Every such notice referred to in sub-section (1), shall be accompanied by such documents and plans and a receipt showing payment, where necessary, of such fee, as may be prescribed.
(1) Subject to the provisions of sub-section (2) and to such rules, as may be made in this behalf, a plan for any building in any municipal area, irrespective of the size of the plot or the number of storeys, may be prepared by an Architect.
(3) Notwithstanding anything contained in sub-section (1), —
(a) A plan for any building having not more than three storeys, irrespective of the size of the plot in any municipal area, may also be prepared by an Engineer;
(b) A plant for, —
(i) A residential buil
(1) Every person giving any notice of his intention to erect a building under section 343 shall specify the purpose for which such building is intended to be used:
Provided that for any building, not more than one class of use, consistent with the occupancy of the use group within the meaning of clause (2) of section 340, shall be considered, except in respect of the case where, under this Act or any other law in force for the time being, mixed occupancies of specified nature maybe permissible.
(2) Every person giving any notice under section 343 of his intention to
(1) The Chief Officer of a municipality shall, sanction or provisionally sanction the erection of a building or the execution of a work within the municipal area, unless such building or work would contravene any of the provisions of sub-section (2) or sub-section (3) of this section or the provisions of section 362 or section 363:
Provided that no such sanction shall be accorded without the recommendation of Municipal Building Committee where necessary, made under sub-section (3) of section 341;
(2) The sanction for erection of a building or execution of a work, may
If at any time after the communication of sanction or provisional sanction to the erection of any building or the execution of any work, the Chief Officer of a Municipality is satisfied that such sanction or provisional sanction was accorded, —
(a) In consequence of any material misrepresentation or any fraudulent statement in the notice given or information furnished under section 343 or section 346 or
(b) Any mistake, whether on the part of the Municipality or the applicant,
the Chief Officer may, by order in writing, cancel, for r
(1) Where within a period of forty-five days of the receipt of any notice under section 343 or of any information under section 346, the Chie Officer of the Municipality does not refuse the sanction to the erection of any building or the execution of any work or, upon refusal, does not communicate the refusal to the person, who has given the notice, such person, may make a representation to the Chief Officer, in the case of a Municipal Council or a Town Council in such manner, as may be prescribed, within a period of thirty days after the expiry of forty-five days:
Provided that if it appears to the
(1) Where in the municipal are of a Municipality, the erection of any building or the execution of any work has been commenced or is being carried on, —
(a) Without or contrary to the sanction referred to in section 346; or
(b) In contravention of any condition subject to which such sanction has been accorded; or
(c) In contravention of any provisions of this Act or the rules or the regulations made thereunder,
the Chief Officer of the Municipality may, in addition to any other action that may be tak
(1) Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed, —
(a) Without or contrary to the sanction referred to in section 404; or
(b) In contravention of any condition subject to which such sanction has been accorded; or
(c) In contravention of any provisions of this Act or the rules or the regulations made thereunder,
the Chief Officer of the Municipality may, in addition to any other action that may be taken under this Ac
(1) Any person aggrieved by an order of the Chief Officer of the Municipality made under sub-section (1) of section 350, may prefer an appeal against the order of demolition to the Court of the Principal Judge of the District having jurisdiction within the period specified in the order of demolition of the erection of work to which it relates.
(2) Where an appeal is preferred under sub-section (1) against the order or demolition, the court of he Principal Judge may stay the enforcement of the order on such terms, if any, and for such period as it may think fit
Provid
(1) The Chief Officer of the Municipality may, at any time during the erection of any building or the execution of any work or at any time within six months after the completion thereof, by a written notice, specify any mater in respect of which such erection or execution is without or contrary to the sanction referred to in Section 346, or is in contravention of any condition of such sanction, or of any of the provisions of this Ct or the rules or the regulations made thereunder and may, by order, require the person who gave the notice under section 343 or the owner of such building or work either, —
(1) Every person giving notice under section 343 for the erection of any building in a municipal area or for the execution of any work relating to such building or every owner of such building shall, within one month after the completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Chief Officer of the Municipality a notice, in writing of such completion accompanied by a certificate, in such form, as may be prescribed and shall give to the Chief Officer all necessary facilities for inspection for such building or work.
(1) Notwithstanding the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being, the Chief Officer of a Municipality may, in the case of any building, which is intended to be erected at the corner of two streets in the municipal area of the Municipality, — (a) Refuse sanctions for reasons to be recorded in writing; or (b) Impose restrictions on its use; or (c) Place special conditions concerning exits to or entry from any street; or (d) (1) The Sanction to be erection, re-erection of any building or execution of any work on either side of a new street in the municipal area of a Municipality, may be refused by the Chief Officer of the Municipality unless and until such new street has been levelled, and in the opinion of the Chief Officer, wherever practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction. (2) The sanction to the erection, re-erection of any such building or the execution of any such work, may be refused by the Chief Officer if s (1) The Chief Officer of a Municipality may subject to the prior approval or the Municipality give public notice of his intention to declare, — (a) That is any street or portion thereof specified in such notice, the elevation and construction the frontage of all buildings or any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features be such as the Municipality may consider suitable to the locality; or (b) That in any locality specified in such notice, there shall be allowed the erection of only detached or semi- If during excavation of any other operation for the purpose of construction of any building in the municipal area of a Municipality or execution of any work referred to in sub-clause (b) of clause (1) of section 340, any of the underground utilities, such as electric or telephone cables, water supply, sewage and drainage mains, and gas pipes, is touched or is likely to be touched, or if the Chief Officer of the Municipality is of the opinion that such excavation may cause danger to the public, or danger or damage to any other building within the locality, the Chief Officer may, by a written order sto (1) Where it appears to the Chief Officer of a Municipality that may block of buildings in the municipal area, is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Municipal Health Officer and the Municipal Engineer, who shall make a report in writing to the Chief Officer regarding the sanitary condition of the block. (1) Where the Chief Officer of a Municipality upon information in his possession, is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expenses of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days, as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion, those works will render the building, fit for human habitation. (2) In addition to serving a notice under this If a notice under section 359 requiring the owner of the building to execute works of improvement, is not complied with then after the expiration of the time specified in the notice, the Chief Officer may cause the works executed, which is required to be done by the notice, and recover the expenses incurred in connection therewith as an arrear of tax under this Act.S.355 Provisions as to building and works on either new street or near flyovers or transportation terminals
S.356 Power to regulate future construction of buildings
S.357 Power to stop excavation
S.358 Removal of congested buildings
S.359 Power to require improvement of buildings unfit for human habitation
S.360 Enforcement of notice requiring improvement
(1) Where the Chief Officer of a Municipality upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expose of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgage, or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pur
(1) If in municipal area of a Municipality any wall or building or anything affixed hereto, be deemed by the Chief Officer of the Municipality or the Municipal Architect or the Municipal Engineer of a Municipality toe be in ruinous state, or likely to fall, or to be in any way dangerous, he shall forthwith cause a written notice to be served on the owner and to be put on some conspicuous part of he wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to demolish, repair, or secure such wall, building or thing, as the case may require.
(2) The
(1) The Chief Officer of a Municipality or any Officer duly authorised by him in this behalf may, at any time during the erection or re-erection of a building of the execution of any work in the municipal area under this Chapter make an inspection thereof without given any prior notice of his intention so to do.
(2) The Chief Officer or the Officer duly authorised, may inspect any existing building at any time by giving forty-eight hours notice in the prescribed manner in advance.
(1) The Government may make rules, —
(a) For the regulation or restriction of the use of sites for buildings; and
(b) For the regulation or restriction of buildings.
(2) Without prejudice to the generality of he power conferred by sub-section (1), the rules made there under may provide for all or any of the following matters, namely: —
(a) Information and plans to be submitted together with application under any of the provisions of this Chapter;
(b) Requirements sit
(1) No person, in the municipal area of a Municipality, shall, without any written permission of the Chief Officer of the Municipality or otherwise than in conformity with the conditions, if any, of such permission, —
(a) Use or permit to be used for the purpose of human habitation any part of a building not originally erected or authorised to be used for such purpose;
(b) Change or allow the change of the use of any building for any purpose other than that specified in the sanction under Section 346 or in the notice given under sub-section (2) of section 343.
(1) The Chief Officer of a Municipality may, subject to the prior approval of the Municipality, give public notice of his intention to declare that in any area within the municipal area of the Municipality specified in the notice, no person shall uses any premises for any purpose specified in such notice and for reasons stated therein.
(2) Objection to any such notice shall be received within a period of thirty days from the publication of the notice.
(3) The Chief Officer shall consider all objections received within the period as aforesaid, after giving any person
(1) No person shall, without the written permission of the Chief Officer of a Municipality or otherwise than in conformity with the conditions, if any, of such permission, which shall be granted subject to the provisions under section 370, uses, or permit to be used, or materially alter, enlarge or extend the use of any premises in the municipality area of the Municipality for the purpose of establishing or keeping open any theatre, cinema house, drive-in theatre or cinema house, circus, fair, fete, exhibition or dancing hall, or any other place of similar public resort, recreation or amusement for any such purpose:
(1) The Chief Officer of a Municipality may, from time to time and with prior approval of the Municipality, notify that in the municipal area of the Municipality, no new market or shop or trading premises shall be established or kept open to, about on a public street or portion thereof, without his prior permission, which shall be subject to the provisions of the section 369.
(2) The Chief Officer may refuse to give such permission with due regard to the traffic constraints in the vicinity.
(3) Notwithstanding the existence of any ma
(1) The Chief Officer of a Municipality may, from time to time and with the prior approval of the Municipal, notify such other non-residential uses of premises (including the one for an educational building or an institutional building or any assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building), as are not provided for in this Chapter and in the case of which, prior permission of the Chief Officer shall be necessary, subject to the provisions of section 370, for establishing, or materially altering, or enlarging, or extending the use of any premises
(1) In the case of any premises for the use of which a licence or permission is required from the Government, or the Central or any other State Government, or any statutory body under any law for the time being in force, the Chief Officer of a Municipality, shall not grant any permission under this Act to any person until such person produces before the Chief Officer, the licence or the permission from such Government or statutory body, as the case may be, and submits duly authenticated copies hereof to him:
Provided that in the case production of a municipal permission in a pre-condition for the gra
(1) Subject to the provisions of section 372, the Municipality may, prepare one or more Town Improvement Schemes, or Town Planning Schemes.
(2) A Town Improvement Scheme or a Town Planning Scheme, may be prepared for an area within the territorial jurisdiction of the Municipality for which no Town Development Scheme under Nagaland Town and Country Planning Act, 1968 (4 of 1966) has been prepared or implemented.
Notwithstanding anything contained in section 371, when in respect of any area, a Master Plan has been prepared under the provisions of he Nagaland Town and Country Planning Act, 1968 (4 of 1966) no Town Improvement Scheme or Town Planning Scheme prepared under this Act for such area or any part thereof, shall be valid, unless such scheme is in conformity with the provisions of the Master Plan.
Subject to the provisions of sub-section (2) of section 371. where as respects any built-up area within a municipal area, the Municipality upon information in its possession is satisfied, —
(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 narrowness or bad arrangement of the streets or want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of that area; or
(b) That because of bad layout or absolute or und
A Town Improvement Scheme may be provided for all or any of the following matters, namely: —
(a) The laying out or re-laying out land, either vacant or already built upon;
(b) The filling up or reclamation or low-lying swampy or unhealthy areas or levelling up of land;
(c) The re-distribution of sites belonging to owners of property comprised in the scheme;
(d) The re-constitution of plots;
(e) The closure or demolition of buildings or portions of building unfit for
If all the landowners in a locality, within a municipal area, agree to abide by the provisions made in a Town Planning, Scheme, and such terms and conditions, as may be prescribed, the Municipality may, for the purpose of planning and development of that locality, prepare a Town Planning Scheme:
Provided that in any Town Planning Scheme prepared under this section the area earmarked for roads, parks, open spaces and other public amenities shall not be less than 35 per cent of the area of the land of each of individual landowner covered under the Scheme.
Subject to the provisions of section 375, a Town Planning Scheme may, provide for all or any of the matters, which may be provided in a Town Improvement Scheme and also for all or any of the following matters, namely: —
(a) The allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial complexes, green belts, dairies, transport facilities and public purposes of all kinds;
(b) Undertaking housing schemes for different groups, development of commercial areas and industrial estates, provisions for co
(1) A Scheme under this act may combine one or more types of schemes or any special features thereof.
(2) A scheme under this Act may provide for all or any of the following matters, namely: —
(a) The acquisition under the Nagaland Land (Requisition and Acquisition) Act, 1965, as modified by this Act, or any land or any interest in the land necessary for or affected by the execution of the scheme, or adjoining any street thoroughfare, open space to be improved or formed under this scheme;
(b) The acquisition by purchase, lease, excha
(1) If the Municipality considers it necessary to prepare a Town Improvement Scheme or a Town Planning it shall pas a resolution to that effect and directs the Chief Officer of the Municipality to prepare a draft scheme.
(2) Each draft scheme shall, as soon as may be, after it is prepared, be submitted by the Chief Officer to the Municipality for its approval.
(3) The Municipality may, either approve the draft scheme prepared by the Chief Officer without modification or with such modifications, as the Municipality may consider necessary or reject the draft scheme wit
(1) The Government may sanction either with or without modifications, or may refuse to sanction, or mayo return for reconsideration, any scheme submitted to it by the Municipality under sub-section (7) of Section 378.
(2) If a scheme returned for reconsideration under sub-section (1), is modified by the Municipality, it shall be republished in accordance with the provisions of section 378.
(a) In every case in which the modification affects the boundaries of he area comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired
(1) The Government shall notify the sanction of every scheme under this Act, and the Municipality shall forthwith proceed to execute such scheme.
(2) A notification under sub-section (1) in respect of the scheme, shall be conclusive evidence that the scheme has been duly framed and sanctioned:
Provided that no such notification in respect of sanction of any scheme shall be issued after the expiry of a period of three years from the date of the first publication of notice relating to that scheme under sub-section (4) of section 377.
A scheme under this Chapter may be altered by the Municipality at any time, with the prior approval of the Government, between the period of its sanction by the Government and its execution.
(1) Upon the sanction of any scheme under this Chapter, a Municipality may acquire any immovable property for the purposes of the scheme, by agreement, and failing that by acquisition under the provisions of the Nagaland Land (Requisition and Acquisition) Act, 1965 as modified by this Act shall apply.
(2) All acquisition of land and interest in land for any scheme sanctioned under this Chapter, shall be completed at least upto the stage of making of awards within a period of two years from the date of the notification of the scheme under section 380 and if in respect of any land, the acquisition is n
The Chief Officer of a Municipality may, cause a survey of any land to be made whenever he considers that a survey is necessary for carrying out any of the purposes of this Chapter.
The Chief Officer of a Municipality may, with or without assistants or workmen, enter into or upon any land in order, —
(a) To make any inspection, survey, measurement, valuation or enquiry;
(b) To take levels;
(c) To dig or bore into the sub-soil;
(d) To set out boundaries and the intended line of work;
(e) To mark such levels, boundaries and lines by makings and cutting trenches; or
(f) Do any other thing;
The Municipality may, at any time, with prior approval of the Government, and in accordance with such conditions, as may be imposed by the Government, abandon any scheme notified under sub-section (1) of section 380, and upon such abandonment, any land in respect of which, the acquisition is not complete upto the stage of making of award, and the owner or the occupier of such land, shall cease to be subject to any liability under this Chapter.
Subject to such rules, as may be made under this Act, a Municipality may retain, lease, sell, exchange or otherwise dispose of, any land vested, in, or acquired by it under this Chapter which is no longer required for a scheme framed under this Chapter.
(1) The Chief Officer of a Municipality, when so authorised by the Municipality in this behalf, may provide and maintain in the Municipal area of the Municipality, municipal markets, slaughter houses or stockyards in such buildings conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in any such markets, buildings and places, machines, weights, scales and measures for he weighment or measurement of goods sold therein.
(2) Municipal markets or slaughterhouses or stockyards shall be under the control of the Ch
(1) No person shall, without the general or special permission in writing of the Chief Officer of a Municipality, sell or expose for sale any animal or article in any municipal market within the municipal area of the Municipality.
(2) Any person contravening the provisions of sub-section (1) and any animal or articles exposed for sale by such person may be summarily removed from the market by or under the orders of the Chief Officer by a Police Officer or any officer or employee of the Municipality authorised by the Chief Officer I this behalf.
(1) No place other than a Municipal market shall be used as a market unless such place has been licensed as market by the Chief Officer of the Municipality under section 399.
(2) No place other than municipal slaughter house, shall be used as a slaughter house:
Provided that nothing in this sub-section shall be deemed, —
(a) To restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions where non-compliance with which, shall be punishable under this Act, as the C
(1) No animal or article shall be sold or exposed for sale by a hawker or squatter within a distance of fifty metres from the outward confines of any municipal market or licensed private market without the permission of the Chief Officer of the Municipality.
(2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Chief Officer by a Police Officer or any officer or employee of the Municipality authorised by the Chief Officer in this behalf.
The Chief Officer of a Municipality may, —
(a) Within the municipal area of the Municipality, charge such stallage, rent or fee, as may, from time to time, be fixed by the Municipality in this behalf, —
(i) For the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter-house;
(ii) For the right to expose articles for sale in a municipal market;
(iii) For the use of machines, weights, scales and measures provided for in any municipal market; and
A copy of the table of stallage, rent and Fee, if any, chargeable in any municipal market or municipal slaughter-house, and of the regulations made under this Act for the purpose of controlling the use of such market or slaughter house, printed in such language or languages, as the Chief Officer of a Municipality may direct, shall be affixed in some conspicuous place in the market or the slaughter-house.
(1) The Chief Officer of Municipality may, after giving he parties concerned an opportunity of being heard and in accordance with such regulations, as may be made by the Municipality, —
(a) Expel from any municipal market, municipal slaughter-house or municipal stockyard, for such period, as he may think fit, any person, who or whose employee has been found contravening any regulations made under this Act and in force in such market, slaughter-house or stockyard;
(b) Prevent such persons, by himself or by his employees, from further carrying on any trade or business
The person in charge of market shall prevent the entry therein of, and shall expel therefrom, any person, suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same, handles any article exposed for sale therein, and the Chief Officer may expel therefrom any person, who is creating a disturbance therein.
(1) If the Chief Officer of a Municipality or any person authorised by him in this behalf, has reason to believe that in the municipal area of the Municipality, any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale in any place or manner, not duly authorised under this Act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this Act or any rule or regulation made thereunder, is being contravened thereat, and may seize any such animal or the carcass of such animal or s
(1) No municipal licence shall be given in respect of any non-residential use of any premises within the municipal area of the Municipality which is otherwise than in conformity with the provisions of this Act or any other law for the time being in force or the rules or the regulations made thereunder.
(2) Subject to the provisions of sub-section (1), no person shall use or permit to be used any premises for any of the purposes without or otherwise than in conformity with the terms of a licence granted by the Chief Officer of the Municipality in this behalf, which, in the opinion of the Chief Officer
The Chief Officer shall maintain two separate registers in such form and in such manner, as may be prescribed, containing the following information, namely: —
(a) One register shall contain ‘premises wise’ information of the non-residential uses; and
(b) One register shall contain such information, on the basis of different ‘non-residential user groups,’ for factories, warehouses, medical institutions, educational institutions and others, as may be prescribed.
No person shall, within the municipal area, use or permit to be used any land or premises for keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for the sale of the produce thereof without or otherwise than in conformity with the terms of a licence granted by the Chief Officer of the Municipality on payment of such fee, as may be determined by rules or regulations.
(1) The Chief Officer of a Municipality may, with the prior approval of the Municipality, grant to any person a municipal licence to establish or keep open a private market on payment of such fees, as may be determined by the Municipality by regulations and may specify such conditions consistent with this Act, as he may deem fit.
(2) When the Chief Officer refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Chief Officer may, with the previous approval of the Municipality and for reasons to be recorded in writing,
(1) No person shall keep open for public sue any market in the municipal area of the Municipality in respect of which a licence is required by or under this Act without obtaining a licence therefore or while the licence therefore is suspended or after the same has been cancelled.
(2) When a licence to pen a private market in the municipal area of a Municipality is granted or refused or is suspended or cancelled, the Chief Officer of the Municipality shall cause a notice of such grant or refusal or suspension or cancellation to be pasted in such language or languages, as he thinks necessary in some co
No person, who knows that any market has been opened to the public without a licence having been obtained therefore, when such licence is required by or under this Act, or that the licence granted therefore is for the time being suspended or that it has been cancelled shall sell or expose for sale any animal or article in such market.
No personal shall, without or otherwise than in conformity with the terms of a licence, granted by the Chief Officer of the Municipality in this behalf, —
(a) Hawk or expose for sale in any place within the municipal area of the Municipality any article whatsoever whether it be for human consumption or not; or
(b) Use in any place his skill in any handicraft or render services to the public for their convenience for the purposes of gain or making a living.
(1) No person shall, without or otherwise than in conformity with a licence from the Chief Officer of Municipality, carry on within the municipal area of the Municipality the trade of a butcher, fish monger, poulterer or importer of flesh intended for human food, or use any place for the sale of flesh, fish or poultry intended for human food: —
Provided that no person shall sell or expose for sale any flesh obtained from an Animal, unless the skinned carcass of the animal is stamped in such manner, as the Chief Officer may, by general orders made in this behalf, require in token of the fact that the
(1) If any horses, cattle or other quadruped animals or birds, are kept on any premises in contravention of the provisions of section 398, or are found abandoned any roaming or tethered on any street or public place or on any land belonging to the Municipality, the Chief Officer of the Municipality or any officer empowered by him, may seize them and may cause them to be impounded or removed to such place, as may be appointed by the Government or the Municipality for this purpose, and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auctio
(1) The Chief Officer of a Municipality may, give pubic notice of his intention to declare that in any area specified in the notice, no person shall use any premises for any of the purposes referred to in sub-section (2) of section 396 which may be specified in such notice.
(2) No objections to any such declarations shall be received after a period of one month from the publication of the notice.
(3) The Chief Officer shall consider all objections received within the said period, giving any person, affected by the notice, an opportunity of being heard during such con
(1) If the Chief Officer of a Municipality is of the opinion that any premises within the municipal area of the Municipality is being used for a non-residential purpose without a municipal licence or otherwise than in conformity with the terms of municipal license granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means, as he may consider necessary.
(2) If a person continues to use any premises in contravention of the provisions of sub-section (1), the Chief Officer may, notwithstanding any other
(1) The Chief Officer of a Municipality, or any officer or employee of the Municipality authorised by him in this behalf may, at any time by day or night without notice inspect and examine any food or drug or any utensil or vessel used for preparing manufacturing of storing such food or drug.
(2) If upon such inspection or examination any such food or drug is in the opinion of the Chief Officer or the Officer or employee authorised by him in this behalf, unwholesome or unit for human consumption, or is not what it represented to be or if any such utensil or vessel is of such kind or in such state, as
(1) There shall be constituted at the District level a District Planning Committee to consolidate the plans prepared by the village councils and the municipalities in the district and to prepare a draft plan for the district as a whole.
(2) The District Planning Committee shall compose of the members of the existing institution of the District Planning and Development Board of the District.
Provided that wherever the municipalities are established under the provisions of this Act, the words ‘chairman of Town Committee appearing in the constitution of the said Distr
(1) The Functions of the District Planning Committee shall include such matters in relation to District Planning as may be further assigned by the State Government.
(2) Every District Planning Committee shall, in preparing the draft development plant, —
(a) Have regard to —
(i) Matters of common interest between the Village Councils and the Municipalities including spatial planning, sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,
The Chief Officer of a Municipality may, by notice in writing, require the owner or the person in charge of any burning or burial ground to supply such information as may be specified in the notice relating to the condition, management or position of such burning or burial ground.
(1) If any existing place for the disposal of the dead within the municipal area at any time appears to be insufficient, the Municipality shall, subject to the provisions of the Nagaland Town and Council Planning Act. 1996 provide other proper and convenient place for the said purpose either within or outside the municipal area of the Municipality.
(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
(1) No place which has not previously been lawfully used as a place for the disposal of the dead shall be opened by any person for the said purpose expect in conformity with the provisions of the Nagaland Town and Council Planning Act, 1966, and without the written permission of the Chief Officer of the Municipality who, with the approval of the Municipality, may grant or withhold such permission.
(2) Such permission may be subject to such conditions as the Municipality may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neigh
(1) The Municipality, may, by public notice, order and if so directed by the Government, shall within one month of the notification of such direction, the deemed to have ordered, any burning or burial ground situated within the Municipality or within one mile thereof, which is certified by the Municipality Health Officer to be dangerous to the health of persons living in the neighbourhood to be closed, from a date to be specified in the public notice, and shall in such case, if not suitable place for burning or burial exists within a reasonable distance, provide a fitting place for the purpose.
(2) N
The Municipality may, by public notice, specify the routes for the removal of corpse to burning or burial ground.
(1) If, at any time after personal inspection, the Chief Officer of a Municipality I of the opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of the Chapter or under any other law for the time being in force, ha by lapse of time become no longer injurious to health and may without inconvenience or risk or danger, be again used for the said purpose, he may submit his opinion as aforesaid with the reasons therefore to the Municipality.
(2) Upon the receipt of such opinion, the Municipality after such further e
(1) No person shall, without written permission of the Chief Officer of a Municipality under sub-section (2), —
(a) Made any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, or any place of worship;
(b) Make any interment or otherwise dispose of any corpse in any place, which is closed under section 411.
(c) Build, or cause to be built or dug any grave or vault, or in any way dispose of, or suffer or permit to be disposed or, any corpse at any place, which is not permitted un
No person shall, —
(a) Retain a corpse on any premises, without burning, buying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
(b) Carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such a precautions to prevent risk of infection or injury to the community health, as the Chief Officer of the Municipality may be public notice from time to time, think fit to require;
(c) Except when no other route is available,
(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 for this purpose under section 279 for the final disposal of carcasses of dead animals; or
(b) Give notice of the death to the Chief Officer of the Municipality, whereupon he shal cause the carcass to be disposed of;
(2) In respect of the disposal of the carcass of a dead animal under clause (b) of sub-section (1) the Chief Officer may charge such fee, as
1) The Municipality may: —
(a) Authorised any person. —
(i) To destroy, or cause to be destroyed, or confine, or cause to be confined for such period, as the Municipality may direct, any dog or other animal suffering, Or reasonably suspected to be suffering from rabies, or bitten by dog or other animal suffering or suspected as aforesaid;
(ii) To confine, or cause to be confined any dog found wandering about streets or public places without collars or other marks distinguishing them as private property, and charge a fee for such dete
The Municipality may 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 animals therein.
The Chief Officer of a Municipality may, at any time, by day or by night, and without notice, or after giving such notice of his mention, as shall, in he circumstances, appear to him to be reasonable inspect any place in which any dangerous disease in reported or suspected to exist and take such measures, as he may think fit to prevent the spread of such disease beyond such places and shall forthwith send information thereof to the Government, the Deputy Commissioner and the senior most functionary of the Health Department of the Government in the District.
When any person suffering from any dangerous disease is found to be, —
(a) Without proper lodging or accommodation; or
(b) Living in a room or house which he neither owns or pays rent of, nor occupies as a guest or relative of the person, who owns, or pays rent for its; or
(c) Living in a sarai, hotel, boarding house or other public hostel; or
(d) Lodged in the premises occupied by members of two or more families,
the Chief Officer o
(1) If the Chief Officer of a Municipality is of the opinion that the clearing or disinfections of any building or any part thereof in the municipal area or of any article in such building or part thereof, which are likely to retain infection, or the renewal of plastering of the walls thereof or the disinfection of any tank, pool or well, adjacent to a building would tend to prevent or check the spread of any dangerous disease, he may by notice require the owner or occupier to cleanse and disinfect such building or part thereof or article or tank, pool or well or to renew such flooring and, if necessary such plastering also within su
The Municipality may, on being satisfied that it is in the public interest to do so, by written order, direct that any lodging house or any place in the municipal area where articles of food and drink are sold or prepared, stored or exposed for sale being a lodging house or place in which a 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 Municipal Health Officer certifies that it has been disinfected or is free fro
(1) The Chief Officer of the Municipality or any person authorised by the Municipality may, at all reasonable times, enter into and inspect any market, building, shop stall or place used for the sale of food or drink, or as a slaughter house, or for the sale of drugs, and inspect and examine any food or drink, animal or drug, which may be therein, and, if any article of food or drink, or any animals therein, intended for the consumption of persons appears to be unfit therefore, may seize and remove the same or may cause it to be destroyed or to be disposed of so as to prevent its being exposed for sale or used for such consumption.
(1) In the event 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 animals therein, the Chief Officer of the Municipality, 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 Municipality.
(a) Take such special measures; and
(b) By public notice, give such directions to be observed by the public or by any cla
Where any person has died from any dangerous disease in any municipal area, the Chief Officer of the Municipality may, by notice in writing, —
(a) Require any person having charge of the corpse to convey the same to mortuary and thereafter to be disposed of in accordance with law; or
(b) Prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt or buried or being conveyed to a mortuary.
(1) The Municipality may, as and when the Government so directs, shall, —
(a) Provide proper places within the municipal area with necessary attendants and apparatus for the disinfections of conveyances, clothing, bedding and other articles, which have been exposed to infection; and
(b) Cause conveyances, clothing and other articles brought for disinfections to be disinfected either free of charge or on payment of such charges, as it may fix.
(2) The Chief Officer may notify places at which articles or clothing, bedding and conveyanc
(1) Whoever, —
(a) Uses a public conveyance while suffering from a dangerous disease; or
(b) Uses a public conveyance for carriage of a person, who is suffering from any disease; or
(c) Uses a public conveyance for the carriage of the corpse of a person, who has died of any such disease,
shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to intimate such use to the owner, driver or person in charge of
Notwithstanding anything contained in any law for the time being in force, no owner, driver or person in-charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of any municipal area any person suffering from a dangerous disease or the corpse of any person, who died from such disease, unless such person pays or tenders a sum sufficient to cover any loss and expense, which would ordinarily be incurred in disinfecting the conveyance.
(1) Where in any municipal area any building or part of a building is intended to be let and in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part thereof shall, before doing so, disinfect the same together with all articles therein liable to retain infection in such a manner, as the Chief Officer of the Municipality may be general or special notice direct.
(2) For the purposes of this section, the keeper of a hotel, lodging house or sarai shall be deemed to let to any person,
(1) No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reasons to believe, has been exposed to contamination by any dangerous disease.
(2) Nothing in sub-section (1) shall apply to a person who transmits, with proper precautions, any such articles for the purpose of having the same disinfected or medically examined.
(1) No person shall send or take to any washerman or to any laundry or to any place set apart for the exercise for washermen of their calling for the purpose of being washed or to any place for the purpose of being cleansed any cloth or other article, which he knows to have been exposed to infection from a dangerous disease, unless such cloth or article has been disinfected by or to the satisfaction of the Chief Officer of the Municipality.
(2) The occupier of any building in a municipal area in which a person is suffering from a dangerous disease shall, if required
No person while suffering from or in circumstances in which he is likely to spread, any dangerous disease, shall, —
(a) Make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption or any article of clothing, bedding for personal use or wear; or
(b) Wilfully touch any such article, medicine or drug, where exposed for sale by others; or
(c) Take any part in the business of washing or
(1) Any person being in charge of or in attendance whether as a medical practitioner or otherwise, upon any 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 in respect of the existence of such disease to the Chief Officer of the Municipality.
(2) 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
Save as otherwise provided in this Act, the Municipality shall take adequate measures for each of the following matters, namely: —
(a) Inspection, supervision, regulation and control of premises to ensure proper environmental sanitation;
(b) Regulation of public bathing and washing;
(c) Provision of and maintenance of public conveniences;
(d) Licensing of animals and control of stray animals;
(e) Licensing of butchers and slaughter-houses; and
Subject to such regulations, as may be made in this behalf, the Chief Officer of a Municipality may cause any building or other premises to be inspected for the purpose of ascertaining the sanitary condition thereof.
The Chief Officer of the Municipality may, by notice, require the owner or occupier of any building or land or any part thereof within the municipal area, which is in a filthy or unwholesome state, to cleanse the same or otherwise put it in a proper state within twenty four hours and thereafter to keep it in a clean and proper state and if it appears necessary for sanitary purpose to do so, may at any time, by notice, direct the occupier of any building to lime-wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.
If the Chief Officer of the Municipality is of the opinion that any hut or shed used either as a dwelling or as a stable or for any other purpose is likely by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage or ventilation or on account of the impracticability of scavenging, or owing to the manner in which it and other huts or sheds or crowded together or cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood or is for any reason likely to endanger the community health or safety, he may by written n
If within any municipal area any land or building by reason of its being abandoned or unoccupied, —
(a) Is in a filthy or unwholesome state; or
(b) Has become a resort of, —
(i) Idle and disorderly person; or
(ii) Persons who have no ostensible means of subsistence or cannot give satisfactory account of themselves; or
(c) Is used for gambling or immoral purposes; or
(d) Otherwise occasions or is likely to occasion a nuisance, the Chi
Notwithstanding anything contained in section 359, if any building or any part of any building within the municipal area appears to the Municipality to be unfit for human habitation in consequence, of the want of proper means of drainage or ventilation, or for any sufficient reason, the Municipality may, by notice, prohibit the owner or occupier thereof from using the same for human habitation, or suffering it to be so used until it has been rendered fit for such use to the satisfaction of the Municipality, and no such owner or occupier shall inhabit such building or suffer it to be inhabited until t
(1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar apparatus for the performance of which inflammable films are used, and no public dramatic or circus performance or pantomime, shall be given in any municipal area elsewhere than in premises for which a licence has been granted by the Municipality.
(2) No owner of a cinematograph or other apparatus shall use the apparatus or allow it to be used, and no person shall take part in any public dramatic or circus performance or pantomime and no occupier of any premises shall
No person shall in a public place within the limits of any municipal area spit in a place other than a drain or a receptacle provided by the Municipality.
(1) No person shall, without the consent of the owner or occupier or other persons for the time being in charge, affix any pasting bill, notice, placard or other paper or means of advertisement against or upon any building, wall, tree, board, fence, or pole or write upon, soil, deface or mark any such building, wall, tree, board, fence or pole with chalk or paint or in nay other way whatsoever.
(2) Notwithstanding anything contained in Section 474, a court may take cognisance of an offence under sub-section (1) upon the complaint of the owner or occupier or other person in charge of the property in r
The Municipality may direct that within certain limits of the municipal area, to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed of grass, mats, leaves or other highly inflammable materials without the permission of the Municipality in writing and the Municipality may, by written notice, require any person who has disobeyed any such direction to remove or alter the roofs or walls so made or renewed as it may think fit.
(1) The Chief Officer of Municipality, may from time to time,—
(a) Set apart any suitable place vesting in the Municipality for use by the public for bathing or for washing animals or for washing or drying clothes;
(b) Specify the times at which and the sex of persons by whom any such place may be used
(c) Prohibit, by public notice, the use by the public, for any of the purposes as aforesaid of any place not so set apart;
(d) Prohibit, by public notice, the use by the public of any place not vesting
Except as otherwise permitted by any order this Act. —
(1) No person shall, —
(a) Bathe in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well or any part of any river or other place in the Municipality;
(b) Wash or cause to be washed in or near any such place any animal, clothes or other article;
(c) Throw, put or cause or enter into the water in any such place any animal or other things;
(d) Cause or suffer to drain into or upon an
No person shall, —
(a) Steep in any tank, reservoir, stream, well or ditch any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health; and
(b) While suffering from any contagious, infectious or loathsome disease, bath on, in or near any bathing platform, lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well.
No person engaged in any trade or manufacture in the municipal area shall, —
(a) Cause or suffer to be brought or to flow into any lake, stream, tank, reservoir, cistern, well, duct or other place for water whether belonging to the Municipality or not, any drain or pipe communicating therewith any washing or other substance produced in the course of any such trade or manufacture as aforesaid; and
(b) Do an act connected with any such trade or manufacture as aforesaid whereby the water in any such lake, stream, tank, reservoir, cister
(1) The Chief Officer of a Municipality may, by public notice, prohibit the washing of clothes by washermen in the exercise of their callings, except t such places, as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman, shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub-section (1).
(1) The Municipality shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals;
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance and shall be provided with all necessary conservancy, lighting and establishments, and shall regularly be cleansed and kept in proper order and for this purpose, the Chief Officer of the Municipality may, with the approval of the Municipality, make an agreement with an agency or non-governmental organisat
(1) It shall not be lawful to construct any latrine or urinals for any premises in a municipal area, except with the written permission of the Chief Officer of the Municipality and in accordance with such terms not inconsistent with the provisions of this Act any rules or regulations made thereudner, as he may specify.
(2) In the specifying any such term, the Chief Officer may determine in each case, —
(a) Whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and
Every person employing workmen, labourers or other persons exceeding twenty in number, shall provide and maintain for the separate use of persons of each sex so employed latrines and urinals of such description and number, as the Chief Officer of the Municipality may, by notice, require and within such time, as may be fixed in the notice and shall keep the same in clan and proper order.
The Chief Officer of the Municipality may, by notice, require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within the municipal area of the Municipality to provide within such time, as may be specified in the notice and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clan and proper order.
(1) The Chief Officer a Municipality shall make provisions for inspection of all animals which are intended for human consumption and are in the course of transit or are exposed or hawked about or deposited in or brought to any place within the municipal are for sale or preparation for sale, as the case may be.
(2) If, as a result of any inspection under sub-section (1), any prosecution is instituted under this Chapter, the burden of providing that any such animal was not exposed or hawked about or deposited in or brought to any place for sale or preparation for sale
No person, being the owner or person in charge of any dog, shall neglect to restrain it so that it shall be at large in any street without a muzzle, —
(c) If such dog is likely to annoy or intimidate public; or
(d) If the Municipality has by public notice during the prevalence of rabies, directed that dog shall not be at large without muzzles.
No person shall contrary to any orders of the Municipality, taken an elephant along a street.
Subject to such rules that may be made in this behalf, the Municipality may set up cattle ponds for the confinement of stray animals and charge fees therefore.
No person shall permit any person under his control to whom the provisions of Section 82, Section 83 and Section 84 of the Indian Penal Code, 1860 (Act 45 of 1860), are applicable, to commit within the municipal area, a nuisance upon any street or into any public sewer or drain or any drain communicating therewith.
The Chief Officer of a Municipality may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting or wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set an uncovered light on or near any building in any public street or other public place in such manner, as may cause danger, fire:
Provided that nothing in this section shall be deemed to prohibit the use of light for the purposes of illumination on the occasion of any festival or public or private entertainment.
(1) No person shall, —
(a) In any public street or public place, —
(i) Ease himself; or
(ii) Carry meat exposed to public view; or
(iii) Picket animals or collect carts; or
(iv) Being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof toe spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
Where the Chief Officer of a Municipality is of the opinion that there is nuisance on any land or building, he may, by notice in writing require the person by whose act, default or sufferance the nuisance arises or continues, or the owner, lessee or occupier of the land or building or any one or more of these persons, to remove or abate the nuisance by taking such measures in such manner and within such period, as may be specified in the notice.
Where in any municipal area any well, tank, reservoir, poll depression, or excavation, or any bank or tree, is in the opinion of the Chief Officer of the Municipality, in a ruinous state for want of sufficient repairs, protection or enclosure and is a nuisance or is dangerous to the persons passing by, the Chief officer may, by notice in writing, require the owner or part-owner or any person claiming to be the owner or part-owner thereof or failing any of them, the occupier thereof to repair, protect or enclose the same in such manner as he thinks necessary, and if the danger is, in the opinion of th
(1) When in the municipal area, —
(a) Any well, pool, ditch, tank, pond, pit or undrained ground; or
(b) Any cistern, reservoir or water-butt or any other receptacle or place where water is stored or accumulates; or
(c) Any waste or stagnant water, whether within any private enclosure or not,
appears to Chief Officer of the Municipality to be or likely to become injurious to health or offensive to the neighbourhood or in any other respect a nuisance, he may, by written notice, require the owner or oc
(1) The Chief Officer of a Municipality may, by a general order or by an order to effect such portion of the Municipal area, as may be specified therein, prohibit, —
(a) The making of excavation for the purpose of taking earth therefrom or storing rubbish or offensive matter therein; and
(b) The digging of cesspool, tanks, ponds, wells or pits without his special permission.
(2) No person shall make any excavation referred to in clause (a), or dig any cesspool, tank, pound, well or pit referred to in clause (b), of sub-section (1), i
No person shall quarry, blast, cut timber or carry on building operations in such manner, as to cause, or to be likely to cause, danger to persons passing by or dwelling or worming in the neighbourhood.
(1) The Chief Officer of a Municipality may, if he thinks fit, by written notice, require the owner or occupier of any land in the municipal area on which trees, shrubs or hedges are growing to keep the same in a trim condition, and remove any such tree, shrub or hedges, if it poses a danger to public safety or overhangs or obstructs any street causing inconvenience or danger to the passers-by.
(2) If it appears to the Chief Officer that immediate action is necessary for public safety, he may, without notice cause such tree, shrub or hedge to be removed from the land
The Chief Officer of a Municipality may,
(a) Take, or withdraw from, proceedings against any person, who is charged with.
(i) Any offence which affects or likely to affect any interest of the Municipality or the due administration of this Act; or
(ii) Committing any nuisance whatsoever
(b) Contest or compromise any appeal against assessment of any tax or rate,
(c) Take, or withdraw from or compromise, proceedings for the recovery of expenses or compensation claimed t
(1) Save as otherwise provided in this Act, no civil Court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made thereunder.
(2) Every order,
(a) Passed by any authority, which is subject to appeal or revision under this Act;
(b) Passed on such appeal or revision; and
(c) Passed by the Government on appeal or revision, shall be final and shall not be questioned in any Court.
Every member, the Chief Officer of the Municipality and every other officer of the Municipality shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).
(a) Contravenes any provision of any of the sections, sub-sections, clauses, provisions or other provisions of this Act, or
(b) Fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisions or other provisions shall be punishable,
(j) With fine, which may extend to the amount or with the imprisonment for a term which may extend to the period, specified in that behalf or with both, and
(i) In the case of
Whoever, in any case, in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisitions, issued under any provision thereof, or otherwise contravenes any of the provision of this Act, shall be punishable with.
(a) Fine which may extend to Rs 2,000/-
(b) An additional fine in the case of continuing failure or contravention up to one-tenth of the maximum fine, specified in clause (a) for every day after the first failure or contravention, as the case may be for the period, during which suc
In every case where, under this Act, an offence in punishable with fine, or with imprisonment or fine, or with both and a person is sentenced by any Court having jurisdiction to pay a fine, it shall be competent for such Court to direct that in exceeding six months.
(1) Where an offence under this Act has been committed by a company, every person who, at the time, the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to preven
Save as otherwise provided in this Act, no Court shall try any offence punishable by or under Act or any rule or any regulation made thereunder except on the complaint of or upon information received from the Chief Officer of the Municipality or any other officer of the Municipality authorised by it in this behalf.
(1) The Chief Officer of any person authorised by him by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act:
Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Municipality or any of the Municipal authorities unless and until the same has been complied with so far as the compliance is possible.
(2) Where an offence has been c
No suit or prosecution shall be entertained in any court against the Municipality or against the Chief Officer of the Municipality or against any other officer or employee of the Municipality or against any person acting under the order or direction of the Municipality or the Chief Officer or any other officer or employee of the Municipality for anything which is in good faith done or intended to be done, under this Act or any rule or regulation made thereunder.
(1) No suit shall be instituted against the Municipality or against the Chief Officer of the Municipality or against any other officer or employee of the Municipality or against any person acting under the direction or order of the Municipality or the Chief Officer or any other officer or employee of the Municipality in respect of any Act done or purporting to have been done, in pursuance of this Act, or any rule or regulation made thereunder until the expiration of a period of two months after the notice in writing has been left at the office of the Municipality or such person, unless the notice in writing has also been delivered to
The Government may by notification, make rules for carrying out the provisions of this Act.
A Municipality may, from time to time, make regulations, not inconsistent with the provisions of this Act, and the rules made thereunder for the purposes of giving effect to the provisions of this Act.
(1) No regulations made by the Municipality under this Act shall have any effect until it has been approved by the Government and published in the official gazette.
(2) Before approving such regulations, the Government may make any change therein which appears to it to be necessary.
(1) If the Government is at any time, of opinion that any regulation made by the Municipality 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 Municipality, and shall specify a reasonable period within which the Municipality may make such representation with regard their to, as it may think fit.
(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the period aforesaid, the Government may, at any time by notification, ca
(1) Any regulation made under this Act may provide that a contravention thereof shall be punishable: —
(a) With fine, which may extend to two thousand; or
(b) With fine, which may extend to two thousand and in the case of a continuing contravention, with an additional fine, which may extend to two hundred and fifty rupees for every day during which such contravention continues after conviction for the first of such contravention; or
(c) With fine, which may extend to two hundred and fifty rupees for every day during which the contrav
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it, to be necessary or expedient for removing the difficulty:
Provided that no such order, shall be made after the expiry of a period of two years from this date of coming into force of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the Legislative
With effect from the date of commencement of this Act, the Assam Tribal Areas (Administration of Two Committees) regulation, 1950 (Regulation VI of 1950) shall stand repealed:
Provided that until Municipalities are constituted in any Municipal Council Area or Town Council Area in accordance with the provisions of this Act, the local authority created under the provisions of the said Assam Tribal Area (Administration of Town Committee) Regulation, 1950 shall continue to exercise powers or perform duties as if the provisions of the said Assam Tribal A
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
