The NAGALAND MUNICIPAL ACT,2023
nagaland · 2023
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent and commencement: (i) This Act may be called the Nagaland Municipal Act,2023
- S. 2Section defines key terms used in the Nagaland Municipal Act, 2023, including "Audit Authority," "Balance," "Budget estimate," and "contagious/infectious disease."
- S. 3The section allows the government to declare and specify limits for Municipal, Town, or Urban Station Committee areas based on population and other factors.
- S. 4Section allows local residents to submit written objections to a local area notification within 30 days for review by the State Government.
- S. 5The section declares and specifies municipal areas after considering objections, following a 30-day publication period.
- S. 6Section 6 allows the government to declare by notification the inclusion or exclusion of urban areas under the Nagaland Municipal Act, 2023.
- S. 7Section 7 outlines the composition of Municipal Authorities in the Municipal Council area.
- S. 8Constitution and duration of Municipal Council: (I) For every Municipal Council Area
- S. 9Section reserves at least one-third of municipal council seats for women, allocated by rotation.
- S. 10Composition of Municipal Council: Every Municipal Council shall be composed of elected, ex-officio and nominated member
- S. 11Section 11 states that the term of office for Municipal Council members ends when the council's term ends.
- S. 12Section 12 of the Nagaland Municipal Act, 2023, outlines the election process for the Chairperson and Deputy Chairperson of the Municipal Council.
- S. 13Section 13 states the term of the Chairperson or Deputy Chairperson is tied to the Municipal Council's duration.
- S. 14Section 14 allows the Chairperson or Deputy Chairperson to resign by submitting a written resignation to the Deputy Commissioner, effective after 15 days.
- S. 15Section 15 outlines the process for removing the Chairperson or Deputy Chairperson from the Municipal Council in Nagaland.
- S. 16Section 16 allows the government to suspend a Chairperson or Deputy Chairperson for various misconducts or prejudicial actions.
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- S. 18Section 18 outlines the process for electing new Chairperson or Deputy Chairperson when a vacancy occurs due to resignation, removal, or other reasons.
- S. 19Section 19 establishes the authorities for implementing the Act in Town Council areas, including the Town Council, Chairperson, Deputy Chairperson, and Executive Officer.
- S. 20Constitution of Town Council: (1) For every Town Council area there shall be constituted a Town Council
- S. 21Section reserves at least one-third of seats in Town Councils for women, with rotation among constituencies.
- S. 22Composition of Town Council: (I) Every Town Council shall have the elected members, ex-officio members and nominated m
- S. 23Section 23 applies sections 11-18 to Town Council areas as if they were Municipal Councils.
- S. 24Section 24 divides municipal council areas into wards for elections, ensuring contiguous, equal population, and sequentially numbered wards.
- S. 25Section 25 mandates elections for Municipal or Town Councils within six months of their constitution or dissolution.
- S. 26The section allows the Government to schedule municipal elections and directs the State Election Commission to organize them.
- S. 27Elected members must submit resignations to the Government via Deputy Commissioner, with a 14-day withdrawal period.
- S. 28The Nagaland Municipal Act, 2023 allows the government to suspend municipal council members for certain misconduct or public interest reasons, with a maximum suspension of six months.
- S. 29Section 29 allows the Government to remove a Municipal Council or Town Council member for various misconduct or negligence reasons.
- S. 30Section 30 outlines the process for filling casual vacancies in municipal council positions due to death, resignation, or voided election.
- S. 31Section 31 vests the State Election Commission with control over municipal elections and sets conditions for the State Election Commissioner's tenure.
- S. 32Section 32 mandates the preparation of an electoral roll for each ward under the Nagaland Municipal Act, 2023.
- S. 33Section 33 designates government or municipal officers to prepare and update electoral rolls, with state election commissioner's assistance.
- S. 34Section 34 allows electors in Assembly constituencies to also register in their respective ward electoral rolls.
- S. 35Section 35 outlines the preparation, adoption, and revision of electoral rolls for municipal wards in Nagaland.
- S. 36Section 36 allows the electoral registration officer to correct, transpose, or delete entries in the electoral roll based on specific criteria.
- S. 37Section 37 allows individuals to apply for inclusion in a ward's electoral roll and mandates the officer to remove duplicates from other wards.
- S. 38Section 38 allows appeals to the State Election Commission from certain orders by the electoral registration officer.
- S. 39Section 39 bars civil courts from adjudicating on electoral roll registration disputes or questioning electoral registration decisions.
- S. 40Section 40 bars courts from questioning laws on constituency delimitation and municipal elections except through specified legal processes.
- S. 41Section 41 specifies that to be eligible for Municipal Council membership, a person must be 21 years old and registered as a ward elector.
- S. 42Section 42 lists various grounds for disqualification from membership in Nagaland Municipal Councils or Town Councils.
- S. 43Section 43 allows eligible persons listed in the electoral roll to vote for ward members.
- S. 44Section 44 mandates the State Election Commission to publish election results in the Official Gazette.
- S. 45Section 45 outlines the process for filing election petitions to challenge municipal council elections in Nagaland.
- S. 46Section 46 allows a petitioner to claim declarations about election results, including voiding or confirming the election of candidates.
- S. 47Section 47 outlines conditions under which elections under the Nagaland Municipal Act, 2023, can be declared void due to corruption or improper practices.
- S. 48Section outlines the procedure for the Election Tribunal to follow the Civil Procedure Code for election petitions.
- S. 49Section 49 outlines the possible decisions of the Election Tribunal in election petitions, including dismissing the petition or declaring candidates duly elected.
- S. 50Section 50 resolves ties in election petitions by having the Election Tribunal decide by lot.
- S. 51Finality of decisions: (I) An order of the Election Tribunal on an election petition shall be final and conclusive
- S. 52Section 52 of the Nagaland Municipal Act, 2023, defines corrupt practices including bribery, undue influence, and electoral offenses related to caste, religion, and false statements.
- S. 53Section 53 mandates secrecy in vote recording and counting, with penalties for breaches.
- S. 54Section 54 prohibits disorderly conduct near polling stations during elections and imposes penalties for violations.
- S. 55Section penalizes misconduct at polling stations, allowing removal and imprisonment for re-entry without permission.
- S. 56Section 56 penalizes officials for breaches of election duties with fines up to ₹500, immunizing them from damages.
- S. 57Section 57 penalizes removal of ballot papers from polling stations and allows arrest and search for suspected offenders.
- S. 58Section 58 of the Nagaland Municipal Act, 2023, outlines penalties for electoral offenses such as tampering with election documents and ballot papers.
- S. 59Section 59 empowers the Government to create rules for regulating municipal elections and maintaining electoral rolls.
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- S. 60MSection 60M grants citizens the right to attend municipal council meetings.
- S. 61Section 61 mandates Municipal Councils to plan and regulate urban development, public health, and amenities within their areas.
- S. 62Section 62 allows the government to assign additional functions to Municipal Councils based on their resources and capacity.
- S. 63Section 63 allows the government to assign certain municipal functions to a Town Council based on its resources and capacity.
- S. 64Section 64 grants the Municipal Council or Town Council administration of their respective areas under the Nagaland Municipal Act, 2023.
- S. 65Section 65 outlines the Chairperson's powers and responsibilities in presiding, supervising, and ensuring council decisions' implementation.
- S. 66Section 66 allows the Chairperson to bypass Municipal Council approval for urgent emergency works.
- S. 67Section 67 details the Deputy Chairperson's role in acting as Chairperson in absence or vacancy.
- S. 68Section 68 establishes the positions of Chief Executive Officer and Executive Officer in Municipal and Town Councils respectively.
- S. 69The section mandates the government to appoint a Chief Executive Officer or Executive Officer following prescribed procedures.
- S. 70Section 70 sets the salary, allowances, and facilities for the Chief Executive Officer/Executive Officer funded by the municipal council.
- S. 71Section 71 outlines the Chief Executive Officer's and Executive Officer's roles in managing municipal councils.
- S. 72Section 72 ensures authenticated orders and instruments of Municipal Councils are valid and not questioned.
- S. 73Section resolves doubts about Municipal authorities' powers or functions by referring them to the Government for a final decision.
- S. 74Section 74 stipulates that municipal expenditures must be budgeted and sanctioned for the fiscal year in which they are incurred.
- S. 75Section 75 allows the Government to transfer certain functions and duties to Municipal Councils or Town Councils, with necessary funds and personnel.
- S. 76Section 76 allows municipal councils to create posts with government approval and sets rules for employee recruitment and conditions.
- S. 77Section 77 empowers the Government to request Municipal authorities to produce documents and submit reports for inspection.
- S. 78The section allows the Government to assign officers to inspect and report on the Municipality's departments and services.
- S. 79Section 79 allows the Government to annul or suspend Municipality proceedings if they exceed powers, cause waste, or encourage lawlessness.
- S. 80Section 80 grants the Government authority to reverse or modify any officer's order under the Act if deemed inexpedient or non-compliant.
- S. 81Section 81 allows the Government to issue necessary directions or guidelines for Municipalities to follow in performing their duties under the Act.
- S. 82The section empowers the Government to set a deadline for a defaulting Municipality to fulfill its statutory duties.
- S. 83Section 83 allows the Government to dissolve a Municipality if it fails to perform duties, defaults in duties, or abuses its power.
- S. 84Section 84 details the consequences of dissolving a Municipality, including vacating offices, appointing an Administrator, and vesting properties in the Government.
- S. 85Section 85 allows the government to appoint an Administrator to manage a municipality when elections cannot be completed due to court orders.
- S. 86Section 86 allows the government to appoint an Administrator to manage a municipality when elections cannot be held due to special circumstances.
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- S. 88Section establishes a Municipal Fund for each municipality, named according to the council type.
- S. 89Section 89 mandates the deposit of municipal funds in designated banks and allows for transfer with government approval.
- S. 90Section 90 allocates Municipal Fund money for expenses under the Act, other laws, and for promoting safety, health, and welfare within the municipal area.
- S. 91Section 91 prohibits municipal fund payments unless covered by budget grant, except for specific refunds, government orders, court decrees, and urgent works.
- S. 92The section allows the government to mandate a municipality to allocate specific funds for particular purposes.
- S. 93Section 93 mandates investment of unutilized municipal fund surplus in prescribed ways, with safeguards against unproductive investments, and any losses are charged to the municipal fund.
- S. 94Constitution of Special funds: (1) Notwithstanding anything contained in section 88, the Municipality may
- S. 95Section 95 specifies who can authorize payments from municipal bank accounts in Nagaland.
- S. 96Section 96 outlines the responsibilities of officials in verifying the legitimacy of cheques and bills for municipal funds before signing.
- S. 97Section 97 authorizes Municipal Councils to raise loans via debentures for specific purposes, subject to government approval.
- S. 98Section 98 specifies the form and transferability of debentures issued by municipal councils in Nagaland.
- S. 99Section 99 mandates municipal councils to establish and invest sinking funds for debenture repayment and investment in public securities.
- S. 100Section 100 directs that a Sinking Fund must be used to repay the specific loan it was created for, not for other purposes.
- S. 101Section 101 mandates the Chief Executive Officer to submit an annual statement to the Municipality and Government detailing investments, securities, and loan applications.
- S. 102Section 102 mandates annual audits of Sinking Funds and directs councils to adjust deficits or transfer surpluses as certified.
- S. 103Section 103 allows municipalities to borrow with government permission and may require financial discipline and sinking funds for debt servicing.
- S. 104Section 104 authorizes a Municipality to lend funds to another Municipality under Nagaland Municipal Act, 2023.
- S. 105Section 105 mandates the preparation and presentation of the Municipality's annual budget estimate and establishment schedule to the Municipal Council by January 15.
- S. 106Section 106 mandates the Nagaland Municipality to adopt and submit its budget estimate to the Government by February 15, with government approval required by March 31.
- S. 107Section 107 allows a municipality to adjust budget grants within the year, subject to prior approval from a specified authority.
- S. 108Section 108 mandates the Chief Executive Officer to prepare and maintain financial records for municipal councils.
- S. 109The section mandates the government to create and maintain a Municipal Accounts Code detailing financing matters and procedures for municipalities.
- S. 111Section 111 mandates the preparation of a balance sheet by the Municipality's Chief Executive Officer within three months after the fiscal year end.
- S. 112Section 112 mandates the submission of financial statements and balance sheets to the Audit Authority for review.
- S. 113Section 113 mandates the audit of municipal accounts by an authority, detailing its powers to request documents, verify cash and stock, and require declarations.
- S. 114Section 114 mandates the Audit Authority to prepare and send an annual audit report to the Municipality's Chief Executive Officer detailing any legal, negligence, or other irregularities found in the accounts.
- S. 115Section 115 mandates the Chief Executive Officer to present audited financial reports to the Municipality by December 31st annually.
- S. 116Section 116 mandates the Municipality's CEO to submit audited financial statements to the Government and resolve any audit discrepancies.
- S. 117Section 117 allows the government to remove a Chairperson or Deputy Chairperson for misuse of power or duty failure, after notice.
- S. 118Section 118 grants municipalities the authority to acquire and hold any property for the act's purposes.
- S. 119Section 119 vests specified public properties in a municipality unless the government directs otherwise.
- S. 120Section 120 allows Nagaland municipalities to acquire property by agreement, with joint negotiation and government approval.
- S. 121Section allows the Government to acquire land for the Municipality if agreement fails, using another act to compensate and transfer ownership.
- S. 122Section 122 allows the Nagaland Municipality to sell movable property and lease or sell immovable property with government approval.
- S. 123Section mandates the Chief Executive Officer of a Municipality to maintain registers and maps of immovable and movable properties owned or held by the Municipality.
- S. 124Section 124 authorizes Nagaland municipalities to levy various taxes, fees, and tolls with government sanction to fund their duties.
- S. 125Section 125 defines key terms used in the Nagaland Municipal Act, 2023, including financial interest, hazardous process, and nuisance.
- S. 126Section 126 empowers the Chief Executive Officer of a Municipality to initiate, withdraw, or compromise legal proceedings against individuals or entities for offenses, nuisances, or tax assessments.
- S. 127Section 127 bars civil courts from deciding matters under the Nagaland Municipal Act, making decisions by specified authorities final.
- S. 128Section 128 deems all municipal members and officers as public servants under the Indian Penal Code.
- S. 129Section 129 penalizes violations of the Nagaland Municipal Act with fines, imprisonment, or both.
- S. 130Section 130 imposes fines up to Rs. 2000 and additional daily fines for non-compliance with the Nagaland Municipal Act.
- S. 131Section 131 imposes imprisonment for non-payment of a fine in cases where the Nagaland Municipal Act allows both penalties.
- S. 132Section 132 makes company officers and directors liable for company offenses, unless they prove lack of knowledge or due diligence.
- S. 133Section 133 mandates that only the Chief Executive Officer or authorized municipal officers can file complaints for offenses under the Nagaland Municipal Act, 2023.
- S. 134Section 134 allows the Chief Executive Officer to compound certain offenses under the Act, except those from non-compliance with municipal notices.
- S. 135Section 135 protects municipal officers and employees from suits or prosecutions for actions taken in good faith under the Act.
- S. 136Section 136 mandates a two-month written notice period before suing the Nagaland Municipality or its officers for actions under the Act.
- S. 137Power to make rules: (1) The State Government may by notification make rules for carrying out the purposes of this Act
- S. 138Section 138 allows a municipality to create regulations for implementing the Act's provisions.
- S. 139Section 139 states that municipal regulations must be approved by the Government and may be altered by it before publication.
- S. 140Section 140 allows the Government to cancel or modify municipal regulations after considering representations from the Municipality.
- S. 141Section penalizes breaches of regulations under the Nagaland Municipal Act with fines and requires remedying any caused mischief.
- S. 142The section allows the government to issue orders to resolve difficulties in implementing the Act, but only within two years of its enactment.
- S. 143Section 143 preserves actions and benefits from the repealed 2001 Act under the new 2023 Act.
- S. 144Review of Act
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