NAGALAND MUNICIPAL ACT, 2001

NAGALAND MUNICIPAL ACT, 2001

Preamble .

S.1 Short title, extend and commencement

S.2 Definitions

S.3 Declaration of intention to create and specify limits of Municipal areas

S.4 Submission of objections

S.5 Declaration and specification of Municipal area

S.6 Declaration of intention to include or exclude from any Municipal area or from the operation of the Act

S.7 Municipal Authorities of Municipal Council area

S.8 Constitution of Municipal Council

S.9 Composition of Municipal Council

S.10 Duration of Municipal Council etc.

S.11 Term of office of members of Municipal Council

S.12 Election of Chairperson/Deputy Chairperson

S.13 Term of Chairperson/Deputy Chairperson

S.14 Resignation of Chairperson/Deputy Chairperson

S.15 Removal of Chairperson/Deputy Chairperson

S.16 Suspension of Chairperson/Deputy Chairperson; The Government May

S.17 Removal Chairperson/Deputy Chairperson by Government

S.18 Election for filling up the vacancy in the office Chairperson/Deputy Chairperson

S.19 Authorities for Town Council area

S.20 Constitution of Town Council

S.21 Composition of Town Council

S.22 Application of provisions of certain section to Town Council area

S.23 Division of Municipal Council area/Town Council Area into territorial Constituencies

S.24 Election to constitute Municipal Council/Town Council

S.25 Power of Government to direct holding of election

S.26 Resignation of elected members

S.27 If the resignation is not withdrawn and is accepted by the Government, it shall be notified in the Official Gazette

S.28 Power of Government to remove a member

S.29 Casual Vacancy

S.30 State Election Commission

S.31 Election Roll

S.32 Electoral Registration Officers

S.33 Registration of Electors

S.34 Preparation and revision of electoral rolls

S.35 Correction of entries in electoral roll

S.36 Inclusion of names in electoral roll

S.37 Appeal

S.38 Jurisdiction of civil courts barred — No civil Court shall have jurisdiction

S.39 Qualification for membership of Municipal Council/Town Council

S.40 Disqualifications for membership of Municipal Council/Town Council

S.41 Right to vote

S.42 Publication of result of election

S.43 Disputes regarding election

S.44 Relief that may be claimed by the petitioner

S.45 Grounds for declaring elections to be void

S.46 Procedure to be followed by the Election Tribunal

S.47 Decision of Election Tribunal

S.48 Procedure in case of equality of votes

S.49 Finality of decisions

S.50 Corrupt practices and electoral offences

S.51 Maintenance of secrecy of voting

S.52 Penalty for disorderly conduct in or near polling station

S.53 Penalty for misconduct at polling station

S.54 Breaches of official duty in connection with election

S.55 Removal of ballot papers from polling station to be an offence

S.56 Other offences and Penalties therefor

S.57 Power to make rules regulating the election of members

S.57(a) Oath or affirmation

S.57(b) Prohibition against sitting and voting before making oath or affirmation

S.57(c) Time for holding meeting

S.57(d) Convening of a meeting

S.57(e) Ordinary and Special meeting

S.57(f) Quorum

S.57(g) Providing officer of the meeting

S.57(h) Decision by majority vote

S.57(i) Members not to vote on matters in which he is interested

S.57(j) Maintenance of order at meeting

S.57(k) Adjournment

S.57(l) Honorarium, allowances and facilities to Members

S.57(m) Right to attend meetings

S.58 Obligatory functions of Municipal Council

S.59 Additional functions of Municipal Council

S.60 Functions of Town Council

S.61 General powers of Municipal Council/Town Council

S.62 General Power of Chairperson

S.63 Power of Chairperson in emergency

S.64 Powers and functions of Deputy Chairperson of Municipal Council/Town Council

S.65 Executive Officer

S.66 Appointment of Executive Officer

S.67 Salary and allowances of Executive Officer

S.68 Powers and functions of Executive Officer

S.69 Authentication of orders and instruments

S.70 Doubts as to powers or functions of the Municipal authorities

S.71 Exercise of powers and performance of functions subject to conditions

S.72 Transfer of functions of Government

S.73 Appointment and pay of establishment

S.74 Powers of Government to require production of documents and submission of reports

S.75 Power of Government to depute offices to make inspection of examination and report

S.76 Power to annual or suspend any proceedings, resolution or order of Municipality or of municipal authority

S.77 General powers of Government over officers

S.78 Powers to issue directions and policy guidelines

S.79 Powers of Government in case of default. — If, at any time, —

S.80 Dissolution of Municipality, —

S.81 Consequences of dissolution, —

S.82 Appointment of an Administrator when election cannot be completed, —

S.83 Appointment of Administrator in special or emergent circumstances

S.83(a) .

S.83(b) Functions and Powers of Urban Station Committee

S.83(c) Urban Station Committee Fund

S.84 Municipal Fund

S.85 Custody of Municipal Fund

S.86 Application of Municipal Fund

S.87 Payment not be made unless covered by budget-grant

S.88 Power of Government to direct use of Municipal Fund for a particular purpose

S.89 Investment of surplus moneys

S.90 Constitution of Special Funds

S.91 Operation of bank accounts

S.92 Duty of persons signing the cheque

S.93 Power to raise loan by issue of debentures

S.94 Form and effect of debentures

S.95 Constitution and investment of sinking Funds

S.96 Application of Sinking Fund

S.97 Annual Statement

S.98 Annual examination of Sinking Fund

S.99 Borrowing by Municipalities

S.100 Power to direct a Municipality to advance loan to another Municipality

S.101 Preparation of budget estimate

S.102 Sanction of the budget estimate

S.103 Power to alter budget grant

S.104 Maintenance of Accounts

S.105 Preparation of Municipal Account Code

S.106 Financial Statement

S.107 Balance Sheet

S.108 Submission of financial statement and balance sheet to the Audit Authority

S.109 Audit Authority

S.110 Audit Report

S.111 Placing of audited accounts before the Municipality

S.112 Audited accounts to be submitted

S.113 Special Audit

S.114 Power to acquire and hold property

S.115 Vesting of property

S.116 Acquisition of immovable property by agreement

S.117 Acquisition where immovable property cannot be acquired by agreement

S.118 Disposal of property

S.119 Registers of immovable and movable properties

S.120 Power to impose Taxes

S.121 Procedure to impose tax

S.122 Constitution of Finance Commission

S.123 Rate of tax on lands and buildings

S.124 Exemption from tax on lands and buildings

S.125 Determination of annual valuation

S.126 Municipal assessment code

S.127 Furnishing of returns and inspection of lands and buildings for purposes of assessment

S.128 Draft Valuation List

S.129 Public notice & filing of objections

S.130 Valuation register

S.131 Municipal Property Tax Committee

S.132 Final valuation

S.133 Period of valuation

S.134 Revision of valuation

S.135 Revision of valuation in specific cases

S.136 Furnishing of returns for purposes of revision in the annual value of lands and buildings

S.137 Liability for failure to furnish a return or submission of incorrect return

S.138 Notice of transfer

S.139 Municipal Assessment Book

S.140 Amendment of Municipal Assessment Book

S.141 Power of prescribed authority to amend valuation and assessment

S.142 Appeal

S.143 Incidence of tax on lands and buildings

S.144 Recovery of tax on lands and buildings from occupiers

S.145 Taxes on lands and buildings to be a first charge on premises

S.146 Notice of erection of building etc

S.147 Notice of demolition or removal of building

S.148 Payment of tax

S.149 Payment of tax in case of objection or appeal

S.150 Scavenging Tax

S.151 Responsibility for payment of scavenging tax

S.152 Octroi

S.153 Power to examine goods liable to octroi

S.154 Power to search premises and places

S.155 Refusal to permit inspection etc.

S.156 Evasion of octroi

S.157 Payment of octroi and receipts therefor

S.158 Extension of Octroi limit by agreement

S.159 Determination of disputes

S.160 Transit Pass

S.161 Prohibition of advertisements without written permission of the Chief Officer

S.162 License for use of site for purpose of advertisement

S.163 Tax on advertisements

S.164 Permission of Chief Officer to become void in certain assess

S.165 License for use of site for purpose of advertisement to become void in certain cases

S.166 Presumption in case of contravention

S.167 Liability to pay additional amount

S.168 Power of Chief Officer in case of contravention

S.169 Levy of Development charges

S.170 Basis of Development charges

S.171 Assessment of development charges and payment

S.172 Person liable to pay development charges

S.173 Mode of Recovery

S.174 Fire Tax

S.175 Toll

S.176 Prohibition as to refusal to pay or avoidance of payment of toll

S.177 Exemption from toll

S.178 Show Tax

S.179 Tax on vehicles and animals

S.180 Tax on whom leviable

S.181 Taxes payable to be a first charge and recoverable as arrears of land revenue

S.182 Manner of recovery of taxes under this Act

S.183 Time and manner of payment of Taxes

S.184 Presentation of bill

S.185 Notice of demand, notice fee and interest

S.186 Recovery of tax

S.187 Distress

S.188 Disposal of distrained property

S.189 Attachment and sale of immovable property

S.190 Sale of property distrained or attached

S.191 Recovery from a person about to leave the Municipal area

S.192 Distraint not unlawful of want of form

S.193 Occupiers may be required to pay rent towards satisfaction of the tax

S.194 Recovery of tax on lands and buildings or any other tax or charges when owner of land or premises is unknown or ownership is disputed

S.195 Taxes not invalid for defect of form

S.196 Power of the Chief Officer to prosecute or serve notice of demand

S.197 Cancellation of irrecoverable dues

S.198 Recovery of octroi and toll

S.199 Power to lease Collection of octroi or tolls

S.200 Power of Government to exempt from tax

S.201 Duty of Municipality

S.202 Duty of Municipality to Supply water

S.203 Supply of water to connected premises

S.204 Supply of water for other than domestic purposes

S.205 Making connection with municipal water works

S.206 Water supply through hydrants, stand-posts and other conveniences

S.207 Provision for fire hydrants

S.208 Supply of water outside Municipal area

S.209 Public tanks, sub-soil water etc. to vest in the Municipality

S.210 Power to require Municipality to carry out survey and formulate proposals

S.211 Works to be undertaken for supply of water

S.212 Chief Officer to manage water works

S.213 Power of access to water-works

S.214 Purity of water for domestic purpose

S.215 Prohibition regarding sinking of tube-wells

S.216 Power to direct sinking of tube-well in some cases

S.217 Registration of tube-wells

S.218 Power to fill up wells

S.219 Digging of wells

S.220 Power to set apart wells, tanks, for digging etc.

S.221 Power to lay mains

S.222 Power to lay pipes

S.223 Power to require separate supply pipes

S.224 Power to require water supply to be undertaken

S.225 Power to require owners of premises to set up pumps

S.226 Obligation of owner or occupier to give notice of waste of water

S.227 Power to enter premises to detect waste or misuse of water

S.228 Power to test water fittings

S.229 Power of Chief Officer to cut off or turn off supply of water

S.230 Water Pipes etc., not to be placed where water will be polluted

S.231 Power to close or restrict use of water from polluted source of supply

S.232 Supply pipes to be maintained

S.233 Power to provide metres

S.234 Installation of metre by the owner

S.235 Presumption as to correctness of metres

S.236 Prohibition of fraud in respect of metres

S.237 Payment for supply of water

S.238 Entrustment of operation and maintenance of water supply system, billing and collection of charges

S.239 Joint and several liability of owner and occupiers for offence in relation to water supply

S.240 Municipality to provide drainage, sewerage and out-fall

S.241 Provision of means for disposal of sewage

S.242 Public drains and sewage disposal works to vest in the Municipality

S.243 Power of Municipality to make over to or to take over from, a statutory body the drainage and sewerage services

S.244 Control of drains and sewage disposal works

S.245 Power of drains

S.246 Alteration and discontinuance of drains

S.247 Cleaning drains

S.248 Certain matters not to be passed into municipal drain

S.249 Application by owners and occupiers to drain into municipal drains

S.250 Drainage of undrained premises

S.251 Premises not to be erected without drains

S.252 Power to drain group or block of premises by combined operation

S.253 Power to close or limit the use of drain in certain cases

S.254 Use of drain by a person other than owner

S.255 Obligation of owners of drains to allow use or joint ownership to others

S.256 Sewage and rainwater drains to be distinct

S.257 Power to require owner to carry out certain works

S.258 Special provision relating to trade effluent

S.259 Special provisions regarding drainage of trade effluent

S.260 Position of cesspool

S.261 Filth

S.262 Construction of septic tank and sanitary privies and urinals in unsewered areas

S.263 Connection with water-works mains and drains not to be made without permission

S.264 Buildings etc. not to be erected or constructed without permission

S.265 Rights of user of property for aqueducts, lines etc

S.266 Power to authorise owner

S.267 Requirement to inform certain cases

S.268 Power to execute work

S.269 Power to affix shafts etc., for ventilation

S.270 Power to examine and test drains

S.271 Employment of Government agencies for repairs, etc.

S.272 Work to be done by licensed plumber

S.273 Prohibition of certain acts

S.274 Sewerage charge and sewerage cess

S.275 Entrustment and maintenance of sewerage works and billing and collection of sewerage works and billing and collection of sewerage charges.

S.276 Municipal supply, sewerage and Drainage Code

S.277 Collection, removal disposal of solid wastes

S.278 Cleaning of streets and removal of solid wastes

S.279 Provisions for appointment of receptacles, depots and places for rubbish, etc.

S.280 Rubbish, etc., to be property of Municipality

S.281 Appointment of places for disposal and final disposal of solid wastes

S.282 Provision of means for processing of solid wastes

S.283 Solid waste management

S.284 Duty of owners and occupiers

S.285 Collection and removal of filth and polluted matter etc

S.286 Collection and removal of filth etc., by Municipality

S.287 Removal of solid wastes accumulated on non-residential premises

S.288 Prohibition against accumulation of rubbish, etc.

S.289 Power to get places cleansed

S.290 Not to sanction building in certain cases

S.291 Deposit of any solid in contravention of the provisions of this Act

S.292 Vesting of public-street in Municipality

S.293 Functions of Municipality in respect of public streets etc.

S.294 Municipal Streets Technical Committee

S.295 Rights or way for underground utilities

S.296 Maps of underground utilities

S.297 Power to make new public streets

S.298 Minimum width of new public streets

S.299 Power to acquire lands and buildings for public streets and for public parking places

S.300 Permanent closure of public-street

S.301 Disposal of land forming site of Public Street permanently closed

S.302 Temporary closure of Public Street

S.303 Closure of Public Street for parking purposes and levy of parking fee

S.304 Power to prohibit use of public streets for certain kind of traffic

S.305 Regular line of a street

S.306 Setting back building to regular line of street

S.307 Compulsory setting back of building of regular line of street

S.308 Setting forward of building to regular line of street

S.309 Acquisition of open land and land occupied by platforms, etc. within the regular line of street

S.310 Acquisition of remaining part of building and land

S.311 Compensation in certain cases

S.312 Levelling and draining of private streets

S.313 Right of owners to require streets to be declared public

S.314 Prohibition of projections

S.315 Permission of projection in certain cases

S.316 Ground floor doors, etc not to open outwards on street

S.317 Prohibition of structures or fixtures

S.318 Special provision regarding streets belongs to Government

S.319 Power to remove anything erected etc.

S.320 Prohibition of tethering of animals etc.

S.321 Precautions during repair of streets

S.322 Streets not to be opened or broken up without permission

S.323 Precaution for public safety to be taken by person to whom permission is granted

S.324 Reinstatement of street

S.325 Permission to close street

S.326 Provision for passage or diversion of traffic

S.327 Power to require the person to whom permission is granted make provision for passage or diversion of traffic etc.

S.328 Disposal of things removed

S.329 Requirement to take steps for repairing or enclosing dangerous places

S.330 Naming and Numbering of streets and Premises

S.331 Measures for lighting

S.332 Prohibition of removal of lamps

S.333 Prohibition against encroachment on land, public places

S.334 Seizure or attachment of offender

S.335 Custody, sale or disposal of property seized or attached

S.336 Confiscation of property seized or attached

S.337 Appeal

S.338 Court or Tribunal not to make order is respect of property seized or attached

S.339 Other provisions in respect of encroachments

S.340 General Definitions

S.341 Municipal Building Committee

S.342 Prohibition of erection without sanction

S.343 Notice for erection of building or addition to repairs of buildings

S.344 Preparation of plans

S.345 Purpose for which building to be used

S.346 Sanction or Provisional sanction

S.347 Sanction or provisional sanction accorded under misrepresentation

S.348 When building or work may be proceeded with

S.349 Order of stoppage of building or works in certain cases

S.350 Order of demolition of buildings or works in certain cases

S.351 Appeal

S.352 Power to require alteration of work

S.353 Completion Certificates

S.354 Building at corners of streets

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

S.361 Demolition of building unfit for human habitation

S.362 Power to removal of dangerous buildings

S.363 Inspecting of building

S.364 Municipal Building Code

S.365 Provision on change of use of building

S.366 Power to Prevent use of premises in particular case

S.367 Theatres, circuses etc. not to be established without permission

S.368 Permission in case of markets, shops etc

S.369 Permission in case of other non-residential uses or premises

S.370 Condition for granting permission

S.371 Preparation of schemes

S.372 Scheme to be in conformity with Master Plan

S.373 Town Improvement Scheme

S.374 Matters to be provided in Town Improvement Scheme

S.375 Town Planning Scheme

S.376 Masters to be provided in Town Planning Scheme

S.377 Combination of schemes and matters, which may be provided in the scheme

S.378 Procedure for preparation of Scheme

S.379 Sanction of scheme by Government

S.380 Notification of sanction of scheme

S.381 Alteration of scheme after sanction

S.382 Acquisition of land for scheme

S.383 Power to make surveys

S.384 General Power to make surveys

S.385 Abandonment of Scheme

S.386 Power to dispose of land

S.387 Provisions of municipal markets and slaughter houses

S.388 Use of Municipal markets

S.389 Private markets and slaughterhouses

S.390 Prohibition of business and trade near a market

S.391 Levy of stallage, rent and fee

S.392 Stallage, rent etc. to be published

S.393 Power to expel person-contravening regulations

S.394 Power to expel person suffering from dangerous disease

S.395 Power to inspect places where unlawful slaughter of animals etc. is suspected

S.396 Premises not to be used for certain non-residential purposes without municipal licence

S.397 Registers to be maintained

S.398 Premises not to be used for keeping animals, birds etc. without licence

S.399 Municipality licence for private markets

S.400 Prohibition of keeping market open without licence, etc.

S.401 Prohibition or use of unlicensed markets

S.402 Licence for hawking articles

S.403 Licence for sale of flesh, fish or poultry etc

S.404 Seizure of certain animals

S.405 Power of Chief Officer to prevent use of premises in particular area for purposes referred to in section 396

S.406 Power to stop use of premises used in contravention of license

S.407 Power to seize food or drug, etc.

S.407(a) Constitution of District Planning Committee

S.407(b) Function and duties

S.408 Power to call for information regarding burning and burial ground

S.409 Provisions for new places for disposal of the dead

S.410 Permission for opening new place for disposal of the dead or reopening of place

S.411 Power to require closing of burning and burial grounds

S.412 Removal of corpse

S.413 Power to direct reopening of any place closed for the disposal of the dead

S.414 Prohibitions regarding burial within places of worship and exhumation

S.415 Acts prohibited in connection with disposal of dead

S.416 Disposal of dead animals

S.417 Disposal of mad and stray dogs and other

S.418 Municipality to take measures for prevention and checking of dangerous diseases

S.419 Power of Chief Officer to inspect a place and take measures to prevent spread of dangerous disease

S.420 Removal to hospitals of patients suffering from dangerous disease

S.421 Power of Chief Officer to disinfect building, tank, pool or well

S.422 Power to close lodging and eating houses

S.423 Power to inspect places for sale of food or drink etc., and seize unwholesome articles exposed for sale

S.424 Special measures in case of outbreak of dangerous or epidemic diseases

S.425 Disposal of infectious corpses

S.426 Means of disinfections

S.427 Contamination and disinfections of public conveyance

S.428 Driver of a conveyance not bound to carry person suffering from dangerous disease

S.429 Infected building not to be let without being first disinfected

S.430 Disposal of infected articles without disinfection

S.431 Infected clothes not to be sent to washerman or laundry

S.432 Prohibition of making or selling of food, etc., or washing of clothes by infected person

S.433 Obligation to give information of dangerous disease and duty of persons suffering from dangerous disease

S.434 Duties of Municipality in relation to sanitation and public safety

S.435 Power to inspect premises for sanitary purposes

S.436 Power to require cleansing and lime washing of filthy building or land

S.437 Power to require removal or improvement of huts and sheds

S.438 Power to stop improper use of land or building

S.439 Power to prohibit use for human habitation of buildings unfit for such use

S.440 Prohibition of cinematographs and dramatic performances except in licensed premises

S.441 Restriction on spitting

S.442 Bill-sticking without permission

S.443 Roofs and external walls not to be made of inflammable material

S.444 Regulation of use of places for public bathing etc.

S.445 Prohibition of bathing etc. contrary to order

S.446 Prohibition of pollution of water by steeping therein animal or other matter etc.

S.447 Prohibition of pollution of water by other means

S.448 Prohibition against washing by washerman

S.449 Public Latrines, Urinals

S.450 Restriction on construction of latrines and urinals

S.451 Latrines and urinals for workmen

S.452 Provision of latrines and urinals for markets etc.

S.453 Inspection of animals for sale

S.454 Suffering dogs not to be at large

S.455 Taking elephants along public roads

S.456 Cattle pound

S.457 Nuisance

S.458 Stacking or collecting inflammable materials

S.459 Care of uncovered lights

S.460 Prohibition of certain acts

S.461 Power to require removal or abatement of nuisance

S.462 Power to require wells, tanks etc. to be rendered safe

S.463 Power to direct the filling up of unwholesome well, tanks etc.

S.464 Power to regulate excavations

S.465 Restriction on quarrying, blasting etc.

S.466 Power to require trees, hedges to be maintained

S.467 Power to institute etc legal proceedings

S.468 Bar of jurisdiction of civil courts

S.469 Members and Officers of the Municipality to be public servants

S.470 Punishment for certain offences, - Whoever

S.471 General

S.472 Punishment of imprisonment in default of payment of fine

S.473 Offences by Companies

S.474 Prosecution

S.475 Composition of offences

S.476 Protection of action of the Municipality etc.

S.477 Notice to be given of suits

S.478 Power to make rules

S.479 Power to make regulations

S.480 Regulations to be subject to approval of Government

S.481 Power of Government to cancel, or modify regulations

S.482 Penalty for breach of regulations

S.483 Removal of difficulties

S.484 Repeal and saving

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