Bare ActsThe NAGALAND MUNICIPAL ACT,2023

Section 59

Amendment status not verified — confirm the current text below against the official source.

Power to make rules regulating the election of members: The Government may make rules to provide for or to regulate all or any of the matter for the purpose of preparation, revision and maintenance of electoral rolls of wards and holding election of members of the Municipal Council or Town Council under this Act. CHAPTER-V Conduct of Business 60 A. Oath of affirmation: (1) Member of a Municipality other than an ex-officio member shall before assuming his/her duties as Member make and subscribe an oath of affirmation of his/her allegiance to the Constitution of India in the form, as may be prescribed in this behalf. (2) Such oath of affirmation shall be made and subscribed before the Deputy Commissioner or an officer not below the rank of Extra Assistant Commissioner to be nominated by the Deputy Commissioner. 60 B. Prohibition against sitting and voting before making oath of affirmation: No person shall sit and vote as an elected member before he has complied with the requirements of section 60A 60 C. Time for holding meetings: Every Municipal! Town Council shall meet for transaction of business at least once in every month on such day and at such time as may, from time to time, be fixed by regulations. 29 60 D. Convening of a meeting: (1) The Chairperson or in his absence the Deputy Chairperson of Municipal Council or Town Council may convene an ordinary or special meeting at any time: (i) whenever he/she thinks fit and on a requisition specifying in writing for the purpose of meeting and signed by not less than one-third of the total numbers of members, cxc luding the nominated members. (2) If the Chairperson or Deputy Chairperson, as the case may be, fails to convene a meeting within a period of 7 (seven) days from the date of the receipt of requisition, the members, who had signed the requisition may convene a meeting in accordance with such rules as may be made by the Government within a period of 30 days of making such requisition and not withstanding anything contained in this Act, such meeting shall be deemed to be validly convened meeting. Provided that no business other than that as specified in the requisition shall be transacted in such meeting and the quorum for such meeting shall be as mentioned in sub-section of section 60 F. 60 E. Ordinary and Special meeting: (1) Every meeting of the Municipality other than an emergent meeting shall be either an ordinary or a special meeting. (2) Any business may be transacted at an ordinary meeting unless required by the Act or Rules to be transacted at a special meeting. (3) When a special and an ordinary meeting are called on the same day, the special meeting shall be held as soon as the quorum is present. 60 F. Quorum: (I) Subject to other provisions of this Act, the quorum necessary for transaction of business shall: (a)in the case of an ordinary meeting, be one-third and (b)in the case of a special meeting, be one-half of the total elected members actually serving at the time. (2) Notwithstanding anything contained in sub-section (1), if at an ordinary or a special meeting, the quorum is not present, the person presiding shall adjourn the meeting to some other date and the business which would have been brought before the 30 original meeting, if there had been a quorum present shall be brought before and transacted at the adjourned meeting, whether there be a quorum present or not. 60 G. Presiding Officer of the meeting: (1) The Chairperson or in his absence, the Deputy Chairperson of Municipal Council or Town Council shall preside over the meeting. Provided that the Chairperson or Deputy Chairperson shall not preside over the special meeting when the meeting has been convened for considering a motion for his removal. (2). In the absence of Chairperson or Deputy Chairperson, as the case may be, the members present in the meeting shall elect one from amongst themselves to preside over the meeting. 60 H. Decision by majority vote: Except as otherwise provided in this Act or the Rules made thereunder, all questions which come before any meeting of a Municipality shall be determined by a majority of vote of the members present and voting. Provided that the presiding officer of the meeting in case of equality of votes shall have a second or casting vote. 60 I. Members not to vote on matters on which he/she is interested: No member shall vote at the meeting of the Municipality or a Committee thereof on any question relating to his/her own conduct or vote or take any part in any discussion on any matter, other than a matter effecting generally the residents of the Municipal area for which the Municipal Council or Town Council as the case may be has been constituted or any particular wards thereof, which effects his/her pecuniary interest or any property in respect of which lie/she is directly or indirectly interested or any property for which he/she is a manager or an agent. 60 J. Maintenance of order at meeting: 1) The Presiding Officer at the meeting of the Municipality shall preserve thereat order and shall have such power, as may be prescribed for the purpose of enforcing his/her decisions. (2) The Presiding Officer at the meeting may direct any member whose conduct is in his/her own opinion grossly disorderly to withdraw immediately from the meeting and the member so directed to withdraw shall do forthwith and shall absent himself/herself during the remainder of the meeting, failing which such member shall be liable to be removed under section 29 on ground of misconduct. 31 60 K. Adjournment: (1) In the case of grave disorder arising in a meeting of the Municipality, the Presiding Officer may adjourn the meeting or suspend any sitting for a time to be mentioned by him/her and the reasons for such adjournment or suspension shall be recorded in the Proceedings Book. (2) No adj ournment other than that are referred to in sub-section (1) shall be made without the consent of at least one-half of the members presents. 60 L. Honorarium, allowances, and facilities to Members: The members shall be entitled to receive for attendance at the meeting of Municipality and the Committees thereof, allowances at such rates and such honorarium and facilities, as may be prescribed. 60 M. Right to attend meetings; The Chief Executive Officer of a Municipality and such officer of the Municipality as authorized by the Municipality in this behalf may attend, speak or otherwise take part in the proceedings of any meeting of the Municipality or any of its Committees but shall not be entitled to vote in any such meeting. CHAPTER —VI Powers and functions of Municipal Council /Town Council

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