The Mizoram Municipalities Act, 2007 PDF

 PREFACE The Aizawl Municipal Council which was established on 1st July, 2008 upgraded to Corporation on 15th October, 2015 by Fourth Amendment of The Mizoram Municipalities Act, 2007. This restricted publication of The Mizoram Municipalities Acts, 200...

 PREFACE The Aizawl Municipal Council which was established on 1st July, 2008 upgraded to Corporation on 15th October, 2015 by Fourth Amendment of The Mizoram Municipalities Act, 2007. This restricted publication of The Mizoram Municipalities Acts, 2007 incorporation all Amendments (i.e. upto Fourth Amendment of The Acts in October, 2015) has been brought to fulfill the need of Councillors and Officials of the Aizawl Municipal Corporation. Any inadvertent error and mistake may kindly be pardoned. (DR. H. LALTHLANGLIANA) Commissioner Aizawl Municipal Corporation  CONTENT Sl. No. PAGE CHAPTER - I PRELIMINARY 1 Short title, extent and commencement……………………………………………… 1 2 Definitions………………………………………………………………………………………….. 1 CHAPTER - II CONSTITUTION OF MUNICIPALITIES 3 Declaration of intention to constitute a municipal area……………………. 7 4 Publication of declaration………………………………………………………………….. 8 5 Consideration of objection………………………………………………………………… 8 6 Constitution of municipal area………………………………………………………….. 9 7 Classification of municipalities…………………………………………………………… 9 8 Power to determine the number of wards in municipal areas…………… 9 9 Power to abolish or alter the limits of a municipal area……………………. 9 10 Power to exempt municipal area from operation of any provisions of the Act unsuited thereto………………………………………… 10 CHAPTER -III MUNICIPAL AUTHORITIES 11 Municipal authorities……………………………………………………………………….. 10 12 The Municipality………………………………………………………………………………… 10 13 Constitution of the Municipalitie………………………………………………………. 11 14 – deleted -………………………………………………………………………………………….. 12 15 Chairman……………………………………………………………………………………………. 12 15-A. Chief Executive Officer……………………………………………………………………….. 12 16 Election of Chairman and Vice Chairman…………………………………………… 13 17 Terms of office of Chairman……………………………………………………………….. 13 18 Vice-Chairman……………………………………………………………………………………. 14 19 – deleted -………………………………………………………………………………………… 14 20 – deleted -…………………………………………………………………………………………. 14 21 – deleted -…………………………………………………………………………………………. 14 22 Terms of office of Councillors…………………………………………………………… 14 23 Ward Committee……………………………………………………………………………….. 15 24 Formation of Special Committee……………………………………………………… 15 25 Constitution of Joint Committee……………………………………………………….. 15  CHAPTER - IV ELECTION OF COUNCILLOR 26 Holding of general election………………………………………………………………… 16 27 Election of the Municipality……………………………………………………………….. 16 28 Electoral roll for a municipal ward…………………………………………………….. 16 29 Condition for registration as a voter………………………………………………….. 17 30 Disqualification for registration in an electoral roll…………………………… 17 31 Appeal………………………………………………………………………………………………… 17 32 Offences in respect of electoral roll……………………………………………………. 17 33 Right to vote………………………………………………………………………………………. 18 34 Qualifications for election as a Councillor………………………………………….. 18 35 General disqualifications for a Councillor………………………………………….. 18 36 Election of ineligible persons and disqualifications subsequently incurred…………………………………………………………………………………………. 18 37 Voting…………………………………………………………………………………………………. 19 38 Corrupt practices……………………………………………………………………………….. 19 39 Penal provision for corrupt practices…………………………………………………. 19 40 Prosecution and appeal……………………………………………………………………… 19 41 Orders of disqualification…………………………………………………………………… 19 42 Election petition and procedure………………………………………………………… 20 43 Setting aside of election…………………………………………………………………….. 20 44 Scrutiny of votes and declaration or confirmation of result………………. 21 45 Bar to jurisdiction of Courts……………………………………………………………….. 21 46 Fresh election when an election is set aside……………………………………… 21 47 Saving of acts done by a Councillor before his election is set aside…… 21 48 Power of State Government to remove disqualifications or modify terms thereof…………………………………………………………………… 21 CHAPTER - V MEETING OF BOARD OF COUNCILLORS 49 Oath of allegiance to be taken by Councillors……………………………………. 22 50 Oath of secrecy to be taken by Chairman, Vice-Chairman and members of Executive Committee………………………………………………. 22 51 First meeting of the Board of Councillors…………………………………………… 22 52 Meeting of the Board of Councillors………………………………………………….. 23 53 Quorum……………………………………………………………………………………………… 23 54 Record and publication of the proceedings……………………………………….. 23 55 Remuneration and allowances…………………………………………………………… 24 56 Powers to make regulations as to business and affairs……………………… 24  CHAPTER - VI POWERS AND FUNCTION OF MUNICIPALITY 57 Functions of Municipality…………………………………………………………………… 25 58 Discretionary functions of the Municipality……………………………………….. 25 59 Transfer of functions of State Government……………………………………….. 26 60 Power to transfer any function of Municipality under the Act to the State Government or to any organisation……………………………… 27 CHAPTER - VII MUNICIPAL ESTABLISHMENT 61 Municipal establishments………………………………………………………………….. 27 62 [Section 62 of the Principal Act shall be substituted by 62-A]……………. 29 62-A. Cadre of common municipal service, appointments, conditions of service, etc. …………………………………………………………………………………… 29 62-B. Other employees of a municipality…………………………………………………….. 29 63 Municipal Service Selection Board……………………………………………………… 29 64 Salaries and allowances of officers and employees……………………………. 29 65 Leave and other conditions of service……………………………………………….. 30 66 –delete –……………………………………………………………………………………… 30 67 Power to declare essential service in municipalities………………………….. 30 68 Appointment of officers of State Government for Municipalities……… 30 69 – deleted –……………………………………………………………………………….. 30 70 Classification, control and appeal……………………………………………………… 30 71 – deleted –…………………………………………………………………………………… 31 CHAPTER - VIII MUNICIPAL FUND 72 Municipal Fund………………………………………………………………………………….. 31 73 Custody of Municipal Fund………………………………………………………………… 31 74 Application of Municipal Fund…………………………………………………………… 31 75 Exclusive use of fund for a particular purpose…………………………………… 32 75-A. Constitution of Basic Services to the Urban Poor Fund……………………… 32 76 Financial assistance from the State Government……………………………….. 33 77 Loans………………………………………………………………………………………………….. 33 78 Power to incur expenditure beyond the limits of a Municipality………. 34  CHAPTER - IX MUNICIPAL PROPERTY 79 Power to acquire and hold property………………………………………………….. 34 80 Vesting of property…………………………………………………………………………….. 34 81 Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc. …………………………………………………………………….. 35 82 Compulsory acquisition of land…………………………………………………………. 35 83 Special provisions for acquisition of lands adjoining streets……………… 35 84 Disposal of property…………………………………………………………………………… 36 85 Inventory of properties of the Municipality……………………………………….. 36 CHAPTER - X BUDGETS, ACCOUNTS AND AUDIT 86 Annual Budget Estimates of a Municipality……………………………………….. 37 87 Power to alter budget grants……………………………………………………………… 37 88 Annual financial statement………………………………………………………………… 37 89 Balance-sheet…………………………………………………………………………………….. 38 90 Appointment and power of the Auditor……………………………………………. 38 91 Audit report……………………………………………………………………………………….. 39 92 The municipality to remedy the defects upon audit report……………….. 39 93 Power of the State Government to enforce an order upon audit report…………………………………………………………………………………………… 39 94 Special audit………………………………………………………………………………………. 40 95 Internal audit……………………………………………………………………………………… 40 96 Municipal Accounts Committee…………………………………………………………. 40 CHAPTER - XI PUBLIC STREETS, PUBLIC PLACES AND PRIVATE STREETS 97 Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality………………………………………………………… 41 98 Power to the Municipality in respect of control of public streets, etc. …………………………………………………………………………………………… 41 99 Rights of way for underground utilities…………………………………………….. 42 100 Power to maintain maps of underground utilities…………………………….. 42 101 Power to acquire lands and buildings for public streets, public parking places and transportation terminals…………………………………. 42 102 Power to prescribe building line and street alignment……………………… 43 103 Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line………………………………………… 43 104 Power to take possession of, and add to street, land situated within street alignment or covered by projecting buildings………… 44 105 Power to setting back building to regular line of street…………………….. 44 106 Power of compulsory setting back of building to regular line of street………………………………………………………………………………………… 45 107 Setting forward of building to regular line of street………………………….. 45 108 Payment of compensation………………………………………………………………… 46 109 Projected public streets………………………………………………………………… 46 110 Power to prohibit use of public streets for certain kind of traffic……… 46 111 Temporary closure of public street…………………………………………………… 47 112 Closure of public street for parking purposes…………………………………… 47 113 Sanction of Board of Councillors to projection over streets and drains……………………………………………………………………………………………. 47 114 Removal of encroachments over public streets, etc. ……………………….. 47 115 Penalty for encroachment of street or open space…………………………… 48 116 Prohibition of causing damage to street or street furniture……………… 48 117 Board of Councillors may require owners of land to repair damage to street, etc. ……………………………………………………………………………… 49 118 Naming and numbering of streets and numbering of premises………… 49 119 Power to require owner to upgrade private street…………………………… 50 120 Power to access over private street………………………………………………….. 50 121 Power to take over private streets……………………………………………………. 50 122 New private street…………………………………………………………………………….. 50 123 Layout plans……………………………………………………………………………………… 51 124 Lighting of streets and public places and measures for lighting………… 52 125 Power to take measures for generation of electricity……………………….. 53 126 Power to prohibit removal etc. of lamps…………………………………………… 53 CHAPTER - XII BUILDINGS 127 Building site and construction or reconstruction of buildings…………… 54 128 Application to construct or reconstruct buildings…………………………….. 54 129 Necessity for prior approval of site…………………………………………………… 55 130 Prohibition against commencement of work without permission…….. 55 131 Period within which ****Chief Executive Officer is to grant or refuse to grant permission to execute work………………………………… 55 132 Reference to Board of Councillors if the ****Chief Executive Officer delays grant or refusal of approval or permission……………… 55 133 Grounds on which approval of site for or licence to construct or reconstruct building may be refused……………………………………………. 55 134 Lapse of permission………………………………………………………………………….. 56 135 Power to ****municipality to require alteration of work…………………. 56 136 Application of provisions to alterations and additions……………………… 56 137 Demolition or alteration of building work unlawfully commenced carried on or completed………………………………………………………………… 57 138 Troughs and pipes for rain water………………………………………………………. 58 139 Ruinous or dangerous building………………………………………………………….. 58 140 Filthy buildings etc. ………………………………………………………………………….. 58 141 Deserted and offensive building……………………………………………………….. 59 142 Buildings at corners of roads…………………………………………………………….. 59 143 Permission for certain projections…………………………………………………….. 59 144 Power to enter and inspect buildings……………………………………………….. 60 145 Appeal against order of the ****Chief Executive Officer………………….. 60 146 Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules…… 60 147 Power of State Government to make separate building Law…………….. 61 CHAPTER - XIII PUBLIC CONSERVANCY AND PRIVATE CONSERVANCY 148 Removal of sewage, offensive matter and rubbish……………………………. 62 149 Establishment and implements for removal of sewage, offensive matter and rubbish: ……………………………………………………………………… 62 150 Appointment of dumping pits and dumping grounds……………………….. 62 151 Power of the Chairman to specify time of collection of rubbish, etc... 62 152 Duties of owners and occupiers to collect and deposit rubbish, etc... 63 153 Prohibition of improper disposal of carcasses, rubbish and filth……….. 63 154 Prohibition against keeping filth on premises too long……………………… 63 155 Prohibition against allowing outflow of filth……………………………………… 63 156 Prohibition against using any cart without cover in the removal of 63 157 filth…………………………………………………………………………………………… Prohibition against throwing rubbish or filth on streets and into drains………………………………………………………………………………………….. 64 157-A. Prohibition against littering and unhygienic activity in public place….. 64 158 Provision of public latrines and urinals……………………………………………… 64 159 Permission for construction of latrine or urinal near road, tank or water- course………………………………………………………………………………… 64 160 Provision of latrines by owner or occupier……………………………………….. 64 161 Provision of latrines for labourers…………………………………………………. 64 162 Provision of latrines for markets, cart stands, cattle sheds, eating house etc. …………………………………………………………………………………….. 65 163 Latrines to be screened from view and kept clean……………………………. 65 164 Duty of every person to maintain cleanliness…………………………………… 65 CHAPTER - XIV NUISANCE 165 Precautions in case of dangerous structures…………………………………….. 65 166 Power to stop dangerous quarrying………………………………………………….. 66 167 Precautions against fire…………………………………………………………………….. 66 168 Prohibition of construction of well, tanks without the permission of the Executive Officer………………………………………………………………… 67 169 Filling in of pools, etc. which become a nuisance……………………………… 67 170 Cleansing of unsanitary private tank or well used for drinking………….. 67 171 Duty of municipality in respect of public well or receptacle of stagnant 68 172 water………………………………………………………………………………. Prohibition against or regulation of washing animals or clothes in public water courses, tanks…………………………………………………………… 68 173 Removal of filth or noxious vegetation……………………………………………… 68 174 Prohibition against feeding certain animals on filth………………………….. 68 175 Prohibition against keeping animal so as to be nuisance or dangerous……………………………………………………………………………………… 68 176 Power to destroy stray pigs and dogs……………………………………………….. 68 177 Power to Executive Officer to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier………………………………………………………………………… 68 CHAPTER - XV LICENCES AND FEES 178 Licenses for places in which animals are kept…………………………………… 69 179 General powers of control over stables, cattle-sheds and cow- 69 180 houses…………………………………………………………………………………………… Power to direct discontinuance of use of buildings as stable, cattle- shed or cow-house………………………………………………………………………. 70 181 Purposes for which places may not be used without licence…………….. 70 182 Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed…………………………………………………….. 71 183 Grant or refusal of licence…………………………………………………………………. 71 184 Approval of State Government to be obtained…………………………………. 71 185 Limit of workers to be employed……………………………………………………… 72 186 Control and restriction……………………………………………………………………… 72 187 Permission deemed to have been granted if not received within sixty days………………………………………………………………………………………. 72 188 Exemption from sections 184 and 185……………………………………………… 72 189 ****Municipality may issue directions for abatement of nuisance 72 190 causedof Power bythe steam orGovernment State other power…………………………………………………… to pass orders or give directions to 73 191 The Executive authority may enter any factory, workshop or work- place……………………………………………………………………………………………… 73 192 Provision of municipal slaughter-houses…………………………………………… 73 193 Licence for slaughter-houses…………………………………………………………….. 73 194 Slaughter of animals during festivals and ceremonies……………………….. 74 195 Slaughter of animals for sale as food………………………………………………… 74 196 Regulation of milk trade……………………………………………………………………. 74 197 Public markets…………………………………………………………………………………… 75 198 Powers in respect of public markets…………………………………………………. 75 199 Control of the ****municipality over public markets ………………………. 75 200 Licence for private market………………………………………………………………… 75 201 Fee for Licence………………………………………………………………………………….. 76 202 Sale in unlicensed private markets……………………………………………………. 76 203 Powers of the ****municipality in respect of private markets………….. 76 204 Suspension or refusal of licence in default………………………………………… 77 205 Prohibition against nuisances in private markets………………………………. 77 206 Power to close private markets………………………………………………………… 77 207 Acquisition of rights of private persons to hold private markets………. 77 208 Prohibition against sale on public roads……………………………………………. 77 209 Decision of disputes whether places are markets……………………………… 78  CHAPTER - XVI MUNICIPAL TAXATION 210 Enumeration of ordinary taxes and powers of control of State 78 211 Government………………………………………………………………………………… Duty on transfers of property…………………………………………………………… 79 212 Notification of new taxes………………………………………………………………….. 79 213 Saving for certain provisions of the Constitution………………………………. 79 214 Description and classes of property tax…………………………………………….. 79 215 Levy of property tax on a direction by Government………………………….. 79 216 Method of assessment of property…………………………………………………… 80 216-A. Classification of lands and buildings and determination of unit area 81 216-B. values……………………………………………………………………………………. Multiplicative factors to determine annual property values……………… 82 217 General exemptions………………………………………………………………………….. 82 218 Classification of municipal area for the purpose of taxation……………… 84 219 Property tax a first charge on property……………………………………………… 84 220 – deleted –………………………………………………………………………………………… 84 221 Vacancy remission…………………………………………………………………………….. 84 222 Obligation of transferor and transferee to give notice of transfer…….. 85 223 Owner’s obligation to give notice of construction, reconstruction or demolition of building……………………………………………………………… 85 224 Remission of tax in areas included or excluded in the middle of a half- 86 225 year……………………………………………………………………………………….. Power of Executive Officer to call for information and to enter upon 86 226 Profession tax……………………………………………………………………………………. 87 227 Liability of member of firm, association and joint Hindu families to profession-tax……………………………………………………………………………… 87 228 Liability of servants or agents to profession tax………………………………… 87 229 Service of Notice on failure of payment of tax………………………………….. 87 230 Statements, returns etc., to be confidential……………………………………… 87 231 Requisition on owner or occupier to furnish list of persons liable to 88 232 tax………………………………………………………………………………………… Requisition on employers or their representatives to furnish list……… 88 233 Deduction of profession tax from salary or wages or other sum……….. 88 234 Powers on carriage and animals………………………………………………………… 89 235 General provision regarding tax on carriage and animals………………….. 89 236 Liability to tax according to period for which carriage or animal has 90 237 been kept……………………………………………………………………………………. Exemptions……………………………………………………………………………………….. 90 238 Composition……………………………………………………………………………………… 90 239 Grant of licence on payment of tax…………………………………………………… 90 240 Power to require numbers to be affixed to bicycles, etc. …………………. 91 241 General provision regarding cart tax…………………………………………………. 91 242 Power to remit tax…………………………………………………………………………….. 91 243 Seizure of vehicle not bearing numbers……………………………………………. 91 244 Prohibition of advertisement without written permission of 92 245 Chairman………………………………………………………………………………………. Licence for use of site for the purpose of advertisement………………….. 92 246 Tax on advertisements……………………………………………………………………… 93 247 Presumption in case of contravention………………………………………………. 94 248 Power of Chairman in case of contravention…………………………………….. 94 249 Fine for not paying tax on advertisement…………………………………………. 95 250 Manner of recovery of taxes under the Act………………………………………. 95 251 Incidence of property tax………………………………………………………………….. 95 252 Presentation of bill……………………………………………………………………………. 96 253 Amount of tax payable, and tax to be paid in advance……………………… 96 253-A. Default in submission of Returns ……………………………………………………… 96 254 Notice of demand and notice fee……………………………………………………… 97 255 Recovery of tax…………………………………………………………………………………. 98 256 Distress……………………………………………………………………………………………… 98 257 Disposal of distrained property…………………………………………………………. 98 258 Attachment and sale of immovable property……………………………………. 99 259 Fee for distraint and attachment………………………………………………………. 99 260 Recovery from a person about to leave jurisdiction of Municipality…. 99 261 Sale of movable property situated beyond limits of municipal area….. 100 262 Recovery under Public Demand Recovery Act…………………………………… 100 263 Distraint not unlawful for want of form……………………………………………. 100 264 Occupiers to pay rent towards satisfaction of property tax………………. 100 265 Recovery of tax from unauthorised occupier of land or building………. 101 266 Recovery of property tax on land or building or any other tax or charge 101 267 in the not Taxes caseinvalid of unknown owner for defect of land or premise or disputes of form………………………………………………….. 102 268 Writing off irrecoverable dues…………………………………………………………… 102 CHAPTER - XVII WATER-SUPPLY 269 The Municipality to provide water-supply………………………………………… 103 270 Public tanks, sub-soil water, etc., to vest in the Municipality……………. 103 271 Construction of water works…………………………………………………………….. 103 272 Power Controltooflay or carry pipes constructions onthrough publicwhich land through or private land……………….. water-main etc. 104 273 passes…………………………………………………………………………………………. 104 274 Power to permit connection to houses and lands…………………………….. 104 275 Power to require water-supply to be taken………………………………………. 104 276 Water supply through hydrants, stand-posts and other conveniences………………………………………………………………………………… 105 277 Vesting of private connections to premises in the Municipality……….. 105 278 Owner to bear expenses of repairs of works connected with the supply 105 279 Permission to person outside the municipal area to take water……….. 106 280 Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc. …………………………………… 106 281 Water not to be wasted……………………………………………………………………. 106 282 Power to cut off or to turn off supply of water to premises……………… 106 283 Digging of wells etc. without permission prohibited…………………………. 107 284 Power to set apart wells, tanks, etc. for drinking, culinary, bathing and 107 285 washing purposes…………………………………………………………………… Analysis of water for drinking or culinary purposes…………………………… 108 286 Power to make rules…………………………………………………………………………. 108 287 Power to make regulations……………………………………………………………….. 109 CHAPTER - XVIII DRAINAGE AND SEWERAGE 288 The Municipality to provide drainage, sewerage, etc. ……………………… 109 289 Public drains, trunk-sewers etc. to vest in the Municipality……………… 109 290 Control of Board of Councillors over drainage………………………………….. 110 291 Cleaning of drains……………………………………………………………………………… 110 292 Provision for treatment and disposal of sewage……………………………….. 110 293 Construction or maintenance of drainage and sewerage systems etc. ……………………………………………………………………………………………….. 110 294 Power of Board of Councillors to lay or carry pipes through private and 110 295 Use of public drains by private owners……………………………………………… 111 296 Power to order demolition of drain constructed without consent…… 111 297 Draining of group or block of buildings etc. by combined operation… 111 298 Power to enforce drainage of un-drained premises and separate drainage in any premises……………………………………………………………… 111 299 Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work…………………………………………. 112 300 Encroachment on municipal drains…………………………………………………… 112 301 Power to make rules…………………………………………………………………………. 113 302 Power to Board of Councillors to make regulations………………………….. 113 CHAPTER - XIX RESTRAINT OF INFECTION 303 Board of Councillors to take measures for prevention and checking of 114 304 dangerous diseases…………………………………………………… Obligation to give information of dangerous disease………………………… 114 305 Power of Chairman to cause inspection of a place and take measures to 114 306 Power of Chairman to cause disinfection of building, tank, pool or well……………………………………………………………………………………………… 114 307 Power of Chairman to destroy infectious buildings, structures, huts or 115 308 sheds…………………………………………………………………………………. Power of Chairman to close lodging and eating houses…………………….. 115 309 Power of Chairman to restrict or prohibit sale of fish, flesh, food, drink, 115 310 articles, etc. ………………………………………………………………………… Control over well and tanks, etc. ……………………………………………………… 116 311 Special measures in case of outbreak of dangerous or epidemic disease………………………………………………………………………………………….. 116 312 Disposal of infectious corpses…………………………………………………………… 116 313 Prohibition of making or selling of food etc. or washing of clothes by 117 314 Duty of persons suffering from dangerous disease…………………………… 117 CHAPTER - XX VITAL STATISTICS 315 Registration of births and deaths……………………………………………………… 117 316 Information of births………………………………………………………………………… 117 317 Information respecting finding a new-born child……………………………… 118 318 Information regarding death…………………………………………………………….. 118 319 Medical practitioner to certify cause of death………………………………….. 119 320 Duties of police in regard to unclaimed corpse…………………………………. 119 321 Sextons, etc., not to bury, etc., corpse……………………………………………… 119 CHAPTER - XXI DISPOSAL OF THE DEAD 322 Registration of places for disposal of the dead………………………………….. 119 323 Provision for, and registration of, new places for disposal of the 120 dead………………………………………………………………………………………………. 324 Permission for opening new place for disposal of the dead or reopening of place………………………………………………………………………… 120 325 Power to require closing of burning and burial grounds…………………… 120 326 Power to direct reopening of any place closed for the disposal of the 121 327 dead………………………………………………………………………………………… Prohibition regarding burials within places of worship and 121 328 exhumation…………………………………………………………………………………. Acts prohibited in connection with disposal of dead………………………… 121 329 Disposal of dead animals…………………………………………………………………… 122 CHAPTER - XXII URBAN RENEWAL AND REGIONAL DEVELOPMENT 330 Power of Board of Councillors to define and alter limit of bustee or slum……………………………………………………………………………………… 123 331 Power to prepare improvement schemes…………………………………….…… 123 332 Notice for participation of owners and occupiers……………………………… 123 333 Lay-out plan for sanction of erection of hut or structure in a slum…… 124 334 Removal of congested buildings……………………………………………………….. 124 335 Power to require improvement of buildings unfit for human 124 336 habitation……………………………………………………………………………………. Area development…………………………………………………………………………….. 125 337 Matters to be provided in an area development project………………….. 125 338 Execution of an area development project……………………………………….. 125 339 Power to acquire land or building for orderly growth……………………….. 125 340 Power of Municipality to plan for the region…………………………………….. 126 341 Preparation of master plan and detailed strategic zonal/ward 126 341-A. developmentofplan Reservation Landand forzoning regulations…………………………………. Housing to Economically Weaker Sections (EWS) and Low Income Groups (LIG)………………………………………….. 131 342 Urban Development committee……………………………………………………….. 133 343 Board of Councillors in charge of Urban Development Region………….. 133 344 Power to make rules…………………………………………………………………………. 134 CHAPTER - XXIII STATE ELECTION COMMISSION AND STATE FINANCE COMMISSION 345 State Election Commission……………………………………………………………….. 134 346 Elections to the Municipalities………………………………………………………….. 135 347 Appointment of officers for preparation of electoral rolls for election to 135 348 Appointment of officers for preparation for, and conduct of election to Municipalities…………………………………………………………….. 135 349 Staff of State Election Commission…………………………………………………… 136 350 Fixing date and time for poll……………………………………………………………… 136 351 Grant by State Government……………………………………………………………… 136 352 State Finance Commission………………………………………………………………… 136 352-A. Municipal Appellate Tribunal…………………………………………………………….. 137 352-B. Appeal………………………………………………………………………………………………. 138 CHAPTER - XXIV MISCELLANEOUS 353 Powers of entry and inspection………………………………………………………… 138 354 Power to enter land or adjoining land in relation to any work………….. 139 355 Breaking into building……………………………………………………………………….. 139 356 Time of making entry………………………………………………………………………… 139 357 Notice for entry………………………………………………………………………………… 140 358 Public notice how to be made known……………………………………………….. 140 359 Recovery of certain dues of Municipality………………………………………….. 140 360 Power to institute etc. legal proceedings and obtain legal advice…….. 140 361 Notice, limitation and tender of relief in suits against Board of Councillors etc. ………………………………………………………………………… 141 362 Indemnity…………………………………………………………………………………………. 141 363 Co-operation of the police………………………………………………………………… 141 364 Admissibility of document or entry as evidence……………………………….. 142 365 Evidence of officer or other employee of Municipality…………………….. 142 366 Prohibition against removal of mark…………………………………………………. 142 367 Prohibition against removal or obliteration of notice……………………….. 143 368 Prohibition against unauthorised intermeddling with property of the Municipality…………………………………………………………………………… 143 369 Power to make rules…………………………………………………………………………. 143 370 Power to amend Schedule………………………………………………………………… 143 371 Power to make Regulations………………………………………………………………. 143 372 Regulations to be subject to approval of State Government…………….. 144 373 Power to State Government to cancel or modify regulations…………… 144 374 Penalty for breach of rules or regulations…………………………………………. 144 375 Rules and regulations to be available for inspection and purchase…… 145 376 Doubts as to powers, duties or functions of municipal authorities…… 145 377 Delegation of power by the State Government………………………………… 145 378 Supervision by Director of Local Bodies…………………………………………….. 145 379 Power to State Government to call for documents, returns or 146 information from Chairman or any Officer of Municipality…………… 380 Inspection of municipal works and institutions by Government officers…………………………………………………………………………………………. 146 381 Power to suspend action under the Act……………………………………………. 146 382 Power to State Government in case of default………………………………….. 147 383 Power of the State Government to intervene in case of gross neglect of 147 384 serious irregularity………………………………………………………… Co-ordination for purpose of planning and development………………… 148 385 Dispute……………………………………………………………………………………………… 148 386 Penalties and punishment………………………………………………………………… 148 387 Overriding effect……………………………………………………………………………….. 149 388 Repeal and saving……………………………………………………………………………… 149 The First Schedule (Penalties)…………………………………………………… 150 The Second Schedule (Oath of Affirmation)………………………………. 156 The Third Schedule (Oath of Secrecy)……………………………………….. 157  1 THE MIZORAM MUNICIPALITIES ACT, 2007 An Act to provide for the administration of town areas and to establish municipalities in towns, transitional areas and urban areas in Mizoram. Whereas it is expedient and necessary to provide for the administration of town areas viz., transitional areas and urban areas and to introduce municipalities in Mizoram for the purpose of bringing them in conformity with the purpose, substance and direction of the Constitution (Seventy-fourth) Amendment Act, 1992 in general, and in particular to endow the municipalities with functions and powers so as to enable them to function as vibrant Institution of Local Self Government with greater People’s participation in managing their own affairs besides importing certainty, continuity and democratic content and dignity, aiming among other things at the realisation of economic and social justice; Be it enacted by the Legislative Assembly of Mizoram in the Fifty-eighth Year of the Republic of India as follows: CHAPTER - I PRELIMINARY 1. Short title, extent and commencement: (1) This Act may be called the Mizoram Municipalities Act, 2007. (2) It shall extend to the whole of the State of Mizoram except the area which has been or may hereafter be declared as, or included in, a Panchayat or a Village Council under the Provisions of any law in force in Mizoram, but shall not extend to the Mizoram Tribal Areas, as referred to in PART III of the paragraph 20 of the Sixth Schedule of the Constitution. (3) It shall come into force on such date or dates and in such area or areas as the State Government may, by notification, appoint. 2. Definitions: In this Act, except where the context otherwise requires - (1) “annual valuation” means annual value, and includes determination of annual value where the context so requires; (2) “Assembly Constituency” means the Constituency of the Legislative Assembly of Mizoram; (3) “Bakery or Baking house” means any place where bread, biscuits, confectionary and such other things are baked for the purpose of sale;  2 (4) “budget grant” means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by a Municipality and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations, rules or bys-laws made thereunder; (5) “building” means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter; (6) “building line” means the line upto which the main wall of a building abutting on a street or a projected public street may lawfully extend; (7) “bye-law” means a set of regulations made by a Municipality under this Act; (8) “carriage” means any wheeled vehicle, with springs or other appliances acting as springs, which is used for the conveyance of human beings or goods, and includes any kind of bicycle, tricycle, rickshaw or cycle rickshaw, but does not include a motor vehicle within the meaning of the motor vehicles Act, 1939; **(9) – deleted - (10) “casual vacancy” means a vacancy occurring otherwise than by efflux of time, and “casual election” means an election to fill such casual vacancy; (11) “chairman” means the chairman elected under section 16; ****(11-A) “Chief Executive Officer” shall mean the Chief Executive Officer of a municipality who is the administrative head of a Municipality. In respect of a Municipal Corporation, the expression “Chief Executive Officer” shall mean Municipal Commissioner of a Municipal Corporation. (12) “conservancy” means the removal and disposal of sewage, offensive, matter and rubbish; (13) “Constitution” means the Constitution of India. (14) “Company” means a company formed and registered under the Companies Act, 1956 and includes any firm or association carrying on business in the State of Mizoram whether incorporated or not and whether its principal place of business is situated within Mizoram or not; (15)“compound” means land, whether enclosed or nor, which is the appurtenance of a building or the common appurtenance of more than one buildings; (16)“councillor” means a person chosen by direct election from a ward of a municipality, and includes a person nominated by the State Government to be a councillor under this Act; (17)“dangerous disease” means - (a) Cholera, plague, small pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and (b) Any other epidemic, endemic, or infectious disease which the State Government may, by notification, declare to be a dangerous disease under this Act; ** 2nd Amendment vide GOM Notification No.H.12018/120/2013-LJD, the 16th April, 2015 **** 4th Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 16th November, 2015.  3 **(17-A) “development” with its grammatical variations means the carrying out of construction of building, engineering, mining or other operations, in, on, over, or under land or the making of any material change in any building or land or in the use of any building or land and includes division of any land and redevelopment”. (18)“Deputy Commissioner” means the Deputy Commissioner of Civil Administrative District in the State of Mizoram and includes any officer empowered by the State Government to act on his behalf; ***(18-A) “Deputy Mayor” means Deputy Mayor of a municipal corporation and shall be elected in accordance with section 16 of the Act. The expression Vice Chairman under this Act, with respect to a municipal corporation, shall mean Deputy Mayor of a municipal corporation. **(18-B) “Director of Local Bodies” means the Director of Urban Development & Poverty Alleviation Department. (19)“district” means a civil administrative district; (20)“District Magistrate” means the District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974); (21)“drain” includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water or sub-soil water; (22) “dwelling house” means a building constructed, used or adapted to be used wholly or principally, for human habitation; (23)“eating house” means a house in which food is sold and served to customers on payment; **(23-A) “Economically Weaker Section” means such class of persons as may be notified by the appropriate Government from time to time. (24) “electoral roll” means the electoral roll prepared, revised or corrected by the State Election Commission for the purpose of election to a municipality; ****(25) – deleted – **(26) “Executive Officer” means an officer of the municipality and includes- A Municipal Commissioner or Chief Executive Officer or any other officers designated as such by a municipality from time to time. (27)“filth” includes sewage, night soil, dung, dirt, putrid and putrefying substance and offensive matter; **(27-A) “Floor space index” means the area that can be constructed on a piece of land divided by the total area of the land; (28) “food” includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (29) “Governor” means the Governor of Mizoram; ** 2nd Amendment vide GOM Notification No.H.12018/120/2013-LJD, the 16th April, 2015 *** 3rd Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 5th August, 2015. **** 4th Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 16th November, 2015.  4 **(29-A) “Group Housing” means more than two buildings on a plot with one or more floors and with one or more dwelling units in each floor; (30) “holding” means land held under one title or agreement and surrounded by one set of boundaries; Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of the Act; Explanation: Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso; (31) “house-drain” means any drain of one or more premises used for the drainage of such premises; (32) “house gully” a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal cesspool or other receptacle for filth or polluted matter to municipal employees or to persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air space above such passage or land; (33) “house” means a building for human occupation whether as a residence or otherwise, having a separate principal entrance from the common way and includes any shop, warehouse or workshop; (34) “hut” means any building constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size, or any small building or whatever material made, which the municipality may declare to be a hut for the purpose of this Act; (35)“infectious disease” means any disease which may be transmitted from one person to another and declared as such by the State Government; (36) “land” includes benefits arising out of land and things attached to the earth; (37) “latrine” includes privy, water closet and urinal; **(37-A) “Low Income Group” means such class of persons as may be notified by the appropriate Government from time to time.” (38)“market” includes any place where persons daily or periodically assemble for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock, or any article of food or any other article for which there is a collection of shops or warehouses or stalls; (39) “masonry building” or “framed building” means any building other than a hut, and includes any structure, a substantial portion of which is made of masonry, reinforced concrete, steel, iron or other metal; ***(39-A) “Mayor” means the executive head of a municipal corporation. The expression ‘Chairman’ under this Act, with respect to a municipal corporation, shall mean Mayor of a municipal corporation.” **(39-B) “Municipal Appellate Tribunal” means Appellate Tribunal constituted by the State Government under section 352-A of the Act.” ** 2nd Amendment vide GOM Notification No.H.12018/120/2013-LJD, the 16th April, 2015 *** 3rd Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 5th August, 2015.  5 (40) “municipal area” means the territorial area of a municipality; (41) “Municipality” means an institution of self government constituted under article 243 Q of the Constitution and under this Act; (42) “notification” means of notification published in the official gazette; (43) “nuisance” includes any act, omission, place or thing which causes or likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (44) “occupier” means a person for the time being in actual occupation of any land or building whether or not paying or liable to pay rent to the owner of such land or building or a part thereof, and includes an owner living in his own house; (45) “offensive matter” means kitchen or stable refuse, putrid or putrefying substance of any kind; (46)“owner” includes person for the time being receiving the rent of any land or building or of any part thereof, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent if the land or building or any part thereof were let to a tenant; (47)“Panchayat” means an institution (by whatever name called) of local-self Government constituted under or in the spirit envisaged by Article 243 of the Constitution of India, and includes a village council constituted under the Lushai Hills District (Village Council) Act, 1953 for the purpose of this Act; (48) “platform” means any structure which is placed on or covers or projects over any road or open drain; *(48-A) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published. (49)“Premises” means any land or building or part of a building or any hut or part of a hut, and includes - (a) the garden, ground and out-houses, if any, appertaining thereto; and (b) any fittings or fixture affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof; (50)“prescribed” means prescribed by rules made under this Act; (51) “private drain” means a drain constructed and maintained by any person privately or jointly with another person or person for any building, holding or private street; (52) “private street” means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this section, and includes any passage securing access thereto or to more premises belonging to the same or different owners; (53) “public building” means a building constructed or used or adapted to be used - (a) as a place of public worship or as a school, college or other place of instruction (not being a dwelling so used) or as a hospital, nursing house, maternity house, factory, work house, public theatre, public cinema, public hall, public library or as a public place of assembly, or * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009  6 (b) as a hotel, eating house, lodging house, home, hostel, refuge or shelter, or (c) for any other public purpose; (54)“public place” means a space not being private property which is open to the use of enjoyment of the public whether the space is vested in a municipality or not; (55) “public road” or “public street” means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not, and includes - (a) the road way over any public bridge or causeway; (b) the footway attached to any such road, public bridge or causeway; and (c) the drains attached to any such road, street, bridge or causeway and, where there is no drain attached to any such road or street, shall be deemed to include all land upto the boundary wall, hedge or pillar of any premises abutting on such road or street unless the contrary is shown; (56)“public water courses, springs, wells and tanks” include those used by the public to such an extent as to give a prescriptive right to use; (57) “quorum” for a meeting means one-third of the total number of councillors holding office for the time being; (58) “reconstruction of a building” includes - (a) the erection wholly or partially of a building after more than one half of its cubical contents has been taken down or burnt down, or has fallen down, whether at one time or not; (b) the re erection wholly or partially of any building of which an outer well has been taken down or has burnt down or has fallen down to or within ten feet of the ground adjoining the lowest storey of the building, and of any frame building which has no far been taken down or burnt down or has fallen down as to leave only the framework of the lowest storey; (c) the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling houses of a building originally constructed as one dwelling house, of a building originally constructed as one dwelling house only for the conversion of a dwelling-house into a factory; (d) the re-conversion into a dwelling-house or place of public worship or a factory or any building which has been discontinued as, or appropriated for any purpose other than a dwelling-house or of a place of public worship or a factory, as the case may be; (e) the conversion of one or more huts or temporary structures into a masonry building; and (f) the extension of a building; (59) “regulation” means a regulation made by a Municipality under this Act; (60) “road alignment or street alignment” means a line dividing the lands comprised in and forming part of a road or street from the adjoining land;  7 (61) “rubbish” means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind other than filth; (62) “rules” means the rules made by the State Government under this Act; (63) “scavenger” means a person employed in collecting or removing filth, in cleansing drains or slaughter houses or in driving carts used for the removed of filth; (64) “sewage” means night soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds; **(64-A) “Shelter Fee” means fee levied and collected in lieu of the reservation of land or floor area as the case may be, an amount equal to the market value of the land or floor area determined on the basis of the rates notified by the State Government, which is required to be reserved for the Economically Weaker Section (EWS) and the Lower Income Groups (LIG). (65)“slaughter house” means any place used for the slaughter of cattle, sheep, goats, nids or pigs or other eatable animals for the purpose of selling the flesh thereof as meat; (66) “State Government” means the Government of the State of Mizoram; (67) “State Election Commission” means the State Election Commission of Mizoram as contemplated in Article 243-ZA of the Constitution; (68) “State Finance Commission” means the State Finance Commission of Mizoram constituted by the Governor under Article 243-Y of the Constitution; (69) “street” means a public or private street; (70) “sub-divisional Magistrate” means the Sub-divisional Magistrate referred to in sub- section (4) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974); (71) “village council” means a village council constituted under the Lushai Hills District (Village Council) Act, 1953 as adapted and amended; (72) “ward” means an administrative division of a municipality; (73) “water course” includes any river, stream, channel or nullah, whether natural or artificial; (74) “year” means the financial year beginning on the first day of April. CHAPTER - II CONSTITUTION OF MUNICIPALITIES 3. Declaration of intention to constitute a municipal area: (1) The Governor may, by notification and by such means as he may determine, declare his intention to constitute any transitional area or any smaller urban area or any larger urban area together with any village, building or land contiguous thereto to be specified in the notification, a municipal area under this Act. (2) ** Save as may otherwise be deemed fit by the Governor, classification of urban areas on the basis of population may be as under:- (i) “a transitional area” is an urban area having a population not less than five thousand. ** 2nd Amendment vide GOM Notification No.H.12018/120/2013-LJD, the 16th April, 2015  8 (ii) “a smaller urban area” is an urban area having a population not less than fifty thousand. (iii) “a larger urban area” is an urban area having a population not less than three lakhs.” Explanation - For the purposes of this Section - (a) Save as may otherwise be deemed fit by the Governor, a population of not less than ten thousand,*one lakh fifty thousand and five lakhs respectively, may be taken as sufficient population for the purpose of specifying respectively “a transitional area”, “a smaller urban area” and “a larger urban area”; (b) the factors relating to density of population, percentage of employment in non- agricultural activities, generation of revenue for civic administration, economic importance and such other factors for the purpose of specifying, “a transitional area”, “a smaller urban area” and “a larger urban area” shall be such as the Governor may, from to time, determine; (c) Every notification published under sub-section (1) shall clearly define the limits of the local area to be included in the municipality. * (2-A) Provided that a Municipality under the section may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by and industrial establishment in that area and such other factors as he may deem fit, by public notification, specified to be an industrial township. 4. Publication of declaration: (1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the local area concerned. (2) A copy of the notification shall also be pasted up in a conspicuous place in the office of the District Magistrate, and in such other public places as the State Government may direct. 5. Consideration of objection: Any inhabitant of the town or local area in respect of which the notification has been published under section 3 may, if he objects to anything contained in the notification, submit his objection in writing to the * Governor within one month from the date of publication in the Official Gazette, and the * Governor shall take his objection into consideration on merit and decide one way or other in a reasoned order. * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009  9 6. Constitution of municipal area: On the expiry of three months from the date of publication of the notification in the Official Gazette and after consideration of all or any of the objections which may be submitted, the Governor may, by notification, constitute such area or any specified part thereof a municipal area under this Act. 7. Classification of municipalities: For the purpose of application of the provisions of this Act in any notified area under section 6, as the State Government may by separate notifications, determine, there shall be - (a) a Municipal Board for a specified transitional area; (b) a Municipal Council for a smaller urban area, and (c) a Municipal Corporation for a larger urban area. Provided that a *Town having a population less than *ten thousand shall not be barred from being specified as a transitional area. 8. Power to determine the number of wards in municipal areas: The State Government may, by notification, determine the number of wards in any municipal area, having regard to population, dwelling pattern, geographical condition and economic considerations of the area included in each ward: Provided that the number of wards in any municipal area shall be- (a) in the case of a municipal board, not less than five but not more than nine; (b) in the case of a Municipal Council, not less than eleven but not more than twenty three; and (c) in the case a Municipal Corporation, not less than fifteen but not more than thirty-one. 9. Power to abolish or alter the limits of a municipal area: The State Government may, by notification - (a) withdraw any municipal area from the operation of this Act; or (b) exclude from a municipal area any local area comprised therein and defined in the notification; or (c) include within a municipal area any local area contiguous to the same and defined in the notification; or (d) divide any municipal area into two or more municipal areas; or (e) unite two or more municipal areas so as to form one municipal area; or (f) revise the boundary of two or more contiguous municipal areas; or (g) re-define the boundaries or limits of a municipal area. * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009  10 Provided that the procedure laid down from the constitution of a municipal area under this Act shall be followed mutatis mutandis in each case: Provided further that the views of the Municipality affected by any such order shall be taken into consideration before a final declaration is made. 10. Power to exempt municipal area from operation of any provisions of the Act unsuited thereto: (1) The State Government may, by notification and for reasons to be recorded in writing, exempt any municipal area or municipal areas of any classification from the operation of any of the provisions of this Act considered unsuited thereto, and thereupon the said provisions shall not apply to such municipal area or municipal areas until such provisions are applied thereto by notification. (2) While the exemption as aforesaid remains in force, the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions of this Act from the operation of which the municipal area or municipal areas as aforesaid are exempted. CHAPTER - III MUNICIPAL AUTHORITIES ****11. Municipal authorities: The Municipal authorities charged with the responsibility of carrying out the provisions of this Act for each municipal area shall be- (a) The Board of Councillors (b) The Chairman, and (c)The Chief Executive Officer. 12. The Municipality: (1) The Municipality established for a transitional area or a smaller urban area or a larger urban area within the meaning of sub-section (2) of section 3 shall mean the Board of Councillors charged with the authority of the municipal government of such area, and shall consist of - (a) Such number of elected councillors *as there are wards within the municipal area, and *(b) The member of the House of the People and the members of the Legislative Assembly of the State representing the constituencies comprising wholly or partly of the Municipal area. Provided that the members referred to in sub-section (1) (b) of section 12 above shall not have the right to vote in the meeting of the Municipality. * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009 **** 4th Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 16th November, 2015.  11 (2) The Municipality shall be a body corporate by its name having perpetual succession and common seal and shall, subject to any restriction and qualification imposed by or under this Act or any other law for the time being in force, have the power to acquire, hold, administer or dispose of properties and to enter into contracts and to do all other things necessary, proper or expedient for the purpose of this Act, and may sue and be sued in its corporate name. ****(3) All executive actions of the Municipality shall be expressed to be taken in the name of the Municipality. *13. Constitution of the Municipalities: (1) The councillors elected in a general election or a bye-election of a Municipality in accordance with the provisions of any law relating to municipal elections in the State, shall constitute the Municipality. (2) The Municipality shall, unless dissolved earlier, continue for a period of five years from the date of its first meeting after the general election and no longer. (3) An election to constitute a Municipality shall be completed, as the case may be:- (a) before the expiry of the period specified in the sub-section (2), or (b) before the expiry of the period six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold an election for constitution of the Municipality for such period. (4) The Municipality constituted upon its dissolution before the expiration of the period specified in sub-section (2) shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (2) had it not been so dissolved. (5) ln a Municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted a municipal area, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under section 6, as may be necessary for holding elections. (6) lf, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (2), the Municipality shall stand dissolved on the expiration of the said period and all the powers and functions vested in the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint. (7) Seat shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009 **** 4th Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 16th November, 2015.  12 Municipality as the population of the Scheduled Castes in the Municipal area or the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (8) Not less than one-third of the total number of seats reserved under clause (1) of Article 243T of the Constitution shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (9) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (10) The offices of Chairman in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. (11) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairmen (other than the reservation for women) under clause (4) of Article 243f of the Constitution shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. (12)Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairmen in the Municipalities in favour of backward class of citizens. ****14. – deleted – ****15. Chairman: (1) The Chairman shall be the executive head of the Municipality, and the municipal administration shall be under his control. (2) The Chairman shall preside over the meetings of the Board of Councillors. (3) Any policy decisions relating to transaction of business of the Municipality shall be carried out with prior approval of the Chairman. Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councillors. ****15-A. Chief Executive Officer: Save as otherwise provided in this Act, and subject to supervision and control of the Municipality and the Chairman, the executive power for the purpose of carrying out the provisions of this Act, shall vest in the Chief Executive Officer. The Chief Executive Officer may - (1) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force; **** 4th Amendment vide GOM Notification No.H.12018/120/2003-LJD, the 16th November, 2015.  13 (2) prescribe the duties of and exercise supervision and control over the acts and proceedings of all officers and staffs of a Municipality, and subject to any rules that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service; (3) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the municipality, or danger to human life, take such immediate action in consultation with the Chairman and make a report forthwith to the municipality of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant; (4) the Chief Executive Officer shall bring to the notice of the municipality any act or resolution of the municipality which may be in violation of any Government instructions or the provisions of this Act, provided that if such act or omission of the directions of the Government or the provisions of the Act, as the case may be, is not rectified within 45 days of the communication, it shall be the duty of the Chief Executive Officer to bring such omission or violation to the notice of the Government. 16. Election of Chairman and Vice Chairman: (1) The Chairman and the Vice Chairman shall be elected by the elected Councillors from amongs themselves in accordance with such procedure as may be prescribed. (2) In the event of the Board of Councillors failing to elect a Chairman or a Vice Chairman in the manner prescribed, the State Government shall appoint the Executive Officer of the Municipality to act as the Chairman or the Vice Chairman, as the case may be. (3) In the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise, the Board of Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy. (4) In the case of casual vacancies in the offices of both the Chairman and the Vice Chairman caused by death, resignation, removal or otherwise, the State Government may appoint by name one of the Councillors to be the Chairman who shall hold office until a Chairman, elected under the provisions of sub-section (3), enters upon his office. 17. Terms of office of Chairman: (1) The Chairman shall cease to hold office if he ceases to be a Councillor of the municipal area. (2) The Chairman may, at any time, by giving a notice in writing to the Board of Councillors, resign his office, and the procedure for acceptance or otherwise of the resignation shall be such as may be prescribed.  14 (3) The Chairman may be removed from office by a resolution carried by a majority of the total number of elected Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed upon a requisition made in writing by not less than one-third of the total number of elected Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed: Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Chairman, and if such resolution is not carried by a majority of the total number of elected Councillors no further resolution for such purpose shall be moved before the expiry of a period of six months from the date on which the former resolution was moved. (4) Notwithstanding anything contained in this section, the Chairman, whose office becomes vacant under any of the provisions of this section, shall continue to hold office as Chairman until his successor elected under the provisions of this chapter enters upon his office. 18. Vice-Chairman: ****(1) The Vice-Chairman shall, in the absence of the Chairman, preside over the meetings of the Board of Councillors. (2) The Vice Chairman shall, during the absence of the Chairman for any reasons whatsoever, discharge all the duties, and exercise all the powers, of the Chairman unless otherwise expressly directed by the Chairman. (3) The Vice-Chairman shall, at any time, perform such other duty or exercise such other power as may be delegated to him under the provisions of this Act. * (4) The procedure adopted for the removal of Chairman as provided under this Act shall be adopted in the case of Vice Chairman. ****19. – deleted - ****20. – deleted – ****21. – deleted – 22. Terms of office of Councillors: A Councillor shall hold office for a period of five years from the date of the first meeting of the Board of Councillors, but a Councillor elected to fill a casual vacancy shall hold office for the remaining period of the term, unless - (a) the Board of Councillor is dissolved earlier, or (b) he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Councillors at a meeting in which case the resignation shall take effect from the date of its acceptance. * 1st Amendment vide GOM Notification No. H.12018/120/03-LJD , the 19th November, 2009 ****