Bare ActsThe NAGALAND MUNICIPAL ACT,2023

Section 79

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

Power to annul or suspend any proceedings, resolution or order of Municipality or of Municipal authority: (1) The Government may by order in writing stating the reasons thereof. annul any proceedings, or resolution or order of: (a) the Municipality or (b) the other Municipal authority or (c) any officer of the Municipality; if the Government considers that such proceedings or resolution or order as the case may be:- 37 (i) is in excess of the power conferred by this Act or the rules made thereunder or against any direction of the Government or (ii) is likely to cause waste or damage of any property of the Municipality or loss of Municipal fund or (iii) is likely to lead to a breach of peace or encourage lawlessness by causing injury or annoyance to any class of persons. (2) No such proceedings or resolution or order shall be annulled after the expiry of a period of 45 (forty-five) days: (a) in the case of a proceedings or resolution or order of the Municipality or a Committee, from the date of receipt thereof from the Municipality or a Committee thereof as the case may be; (b) in the case of a proceedings or resolution or order of any other Municipal authority or any officer of the Municipality, within 15 (fifteen) days from the date of receipt of a report under section 77 or from the date, the Government comes to know of such proceedings or resolution or order in any other manner, whichever is earlier. (3) Notwithstanding anything contained In sub-section (1) or sub-section (2) no such order of annulment shall be passed by the Government unless a period of 10 (ten) days has been given to the Municipality or Municipal authority or the officer of the Municipality to show cause and the causes shown are considered by the Government. (4) The Government may also by order in writing suspend the execution of any proceedings, resolution or order of the Municipality or the Standing Committee or other Municipal authority or any officer of the Municipality: (a) in the case of the Municipality or a Committee, within fifteen days from the date of receipt thereof by the Government; (b) in the case of any other Municipal authority or any officer of the Municipality, within 15 (fifteen) days from the date of receipt of a report under section 77 or from the date, the Government comes to know of such proceedings or resolution or order in any other manner, whichever is earlier. Provided that the order of suspension shall cease to operate on the expiry of a period of 30 (thirty) days from the date referred to in clause (a) or clause (b) of sub-section (2). 38

Section 79 – The NAGALAND MUNICIPAL ACT,2023 | DailyLaw.ai