Vidhi Codex

Bare Act

The Mizoram Municipalities Act, 2007

Infrastructure2007383 sections24 chapters

This Act provides for municipalities in Mizoram. It sets out how an area is declared a municipality after public notice and objections, how municipalities are classified, and how their limits can be altered or they can be abolished. It also covers the constitution of municipal councils, municipal authorities and their functions.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II CONSTITUTION OF MUNICIPALITIES →

  1. 3Declaration of intention to constitute a municipal area
  2. 4Publication of declaration
  3. 5Consideration of objection
  4. 6Constitution of municipal area
  5. 7Classification of municipalities
  6. 8Provided that a district headquarters having a population less than fifty thousand shall not be barred from being specified as a transitional area.
  7. 9Power to abolish or alter the limits of a municipal area
  8. 10Provided further that the views of the Municipality affected by any such order shall be taken into consideration before a final declaration is made.

Chapter III MUNICIPAL AUTHORITIES →

  1. 11Municipal authorities
  2. 12The Municipality
  3. 13Constitution of Board of Councillors
  4. 14Executive Council
  5. 15Chairman
  6. 16Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councillors.
  7. 17Terms of office of Chairman
  8. 18Vice-Chairman
  9. 19Members of Executive Council
  10. 20The members of the Executive Council shall exercise such powers and perform such functions as the Chairman may assign to them from time to time.
  11. 21Term of office of Vice-Chairman and other members of Executive Council
  12. 22Term of office of Councillors
  13. 23Ward Committee
  14. 24Formation of Special Committee
  15. 25Constitution of Joint Committee

Chapter IV ELECTION OF COUNCILLOR →

  1. 26Holding of general election
  2. 27Election of the Municipality
  3. 28Electoral roll for a municipal ward
  4. 29Condition for registration as a voter
  5. 30Explanation II - The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950).
  6. 31The disqualification for registration in an electoral roll for a municipal area shall be the same as provided in section 16 of the Representation of the People Act, 1950 (43 of 1950).
  7. 32Such decision on appeal shall be published in the manner provided for final publication of an electoral roll.
  8. 33Right to vote
  9. 34Qualifications for election as a Councillor
  10. 35No person whose name is not included in the electoral roll for the election of Councillors of a municipal area, shall be qualified to be elected a Councillor of that municipal area.
  11. 36Election of ineligible persons and disqualifications subsequently incurred
  12. 37Voting
  13. 38Corrupt practices
  14. 39Penal provision for corrupt practices
  15. 40Whoever commits an offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both.
  16. 41Orders of disqualification
  17. 42Election petition and procedure
  18. 43Setting aside of election
  19. 44Scrutiny of votes and declaration or confirmation of result
  20. 45Bar to jurisdiction of Courts
  21. 46Fresh election when an election is set aside
  22. 47If an election is set aside by the District Magistrate, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as a casual vacancy.
  23. 48Power of State Government to remove disqualifications or modify terms thereof

Chapter V MEETING OF BOARD OF COUNCILLORS →

  1. 49Oath of allegiance to be taken by Councillors
  2. 50Provided that the State Government may, for reasons to be recorded in writing, extend the above period of three months by such period as it thinks fit.
  3. 51First meeting of the Board of Councillors
  4. 52Meeting of the Board of Councillors
  5. 53Quorum
  6. 54Record and publication of the proceedings
  7. 55Remuneration and allowances
  8. 56Provided that different rates may be prescribed for different groups of municipalities and for different classes of functionaries in each municipality.

Chapter VI POWERS AND FUNCTION OF MUNICIPALITY →

  1. 57Functions of municipality
  2. 58Discretionary functions of the Municipality
  3. 59Transfer of functions of State Government
  4. 60Power to transfer any function of Municipality under the Act to the State Government or to any organisation

Chapter VII MUNICIPAL ESTABLISHMENT →

  1. 61Municipal establishments
  2. 62Cadre of common municipal service, appointments, etc
  3. 63Municipal Service Selection Board
  4. 64Salaries and allowances of officers and employees
  5. 65Leave and other conditions of service
  6. 66Compulsory retirement of municipal officers and other employees
  7. 67Power to declare essential service in municipalities
  8. 68Appointment of officers of State Government for Municipalities
  9. 69Powers and functions of Executive Officer and Finance Officer
  10. 70Classification, control and appeal
  11. 71Appointment of a Pay Review Committee

Chapter VIII MUNICIPAL FUND →

  1. 72Municipal Fund
  2. 73Custody of Municipal Fund
  3. 74Application of Municipal Fund
  4. 75Exclusive use of fund for a particular purpose
  5. 76Financial assistance from the State Government
  6. 77Loans
  7. 78Power to incur expenditure beyond the limits of a Municipality

Chapter IX MUNICIPAL PROPERTY →

  1. 79Power to acquire and hold property
  2. 80Vesting of property
  3. 81Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc
  4. 82Compulsory acquisition of land
  5. 83Special provisions for acquisition of lands adjoining streets
  6. 84Disposal of property
  7. 85Inventory of properties of the Municipality

Chapter X BUDGETS, ACCOUNTS AND AUDIT →

  1. 86Annual Budget Estimates of a Municipality
  2. 87Power to alter budget grants
  3. 88Annual financial statement
  4. 89Balance-sheet
  5. 90Appointment and power of the Auditor
  6. 91Audit report
  7. 92Executive Council to remedy the defects upon audit report
  8. 93Power of the State Government to enforce an order upon audit report
  9. 94Special audit
  10. 95Internal audit
  11. 96The State Government may by rules provide for internal audit of the day to day accounts of a Municipality in such manner as it thinks fit.

Chapter XI PUBLIC STREETS, PUBLIC PLACES AND PRIVATE STREETS →

  1. 97Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality
  2. 98Power to the Municipality in respect of control of public streets, etc
  3. 99Rights of way for underground utilities
  4. 100Power to maintain maps of underground utilities
  5. 101Power to acquire lands and buildings for public streets, public parking places and transportation terminals
  6. 102Power to prescribe building line and street alignment
  7. 103Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line
  8. 104Power to take possession of, and add to street, lands situated within street alignment or covered by projecting buildings
  9. 105Power to setting back building to regular line of street
  10. 106Power of compulsory setting back of building to regular line of street
  11. 107Setting forward of building to regular line of street
  12. 108Payment of compensation
  13. 109Projected public streets
  14. 110Power to prohibit use of public streets for certain kind of traffic
  15. 111Temporary closure of public street
  16. 112Closure of public street for parking purposes
  17. 113Provided that such fee for each hour shall not exceed rupees five in the case of passenger vehicles and rupees ten in the case of goods vehicles.
  18. 114Removal of encroachment over public streets, etc
  19. 115Penalty for encroachment of street or open space
  20. 116Prohibition of causing damage to street or street furniture
  21. 117Board of Councillors may require owners of land to repair damage to street, etc
  22. 118Naming and numbering of streets and numbering of premises
  23. 119Power to require owner to upgrade private street
  24. 120Power to access over private street
  25. 121The Board of Councillors shall have access over any private street for the purpose of the extending civic services or providing civic amenities.
  26. 122New private street
  27. 123Layout plans
  28. 124Lighting of streets and public places and measures for lighting
  29. 125Power to take measures for generation of electricity
  30. 126Power to prohibit removal etc. of lamps

Chapter XII BUILDINGS →

  1. 127Building site and construction or reconstruction of buildings
  2. 128Application to construct or reconstruct buildings
  3. 129Necessity for prior approval of site
  4. 130The Executive Council shall not grant permission to construct or reconstruct a building unless and until it has approved of the site on an application made under section 128.
  5. 131The construction or reconstruction of a building shall not be begun unless and until the Executive Council has granted permission for the execution of the work.
  6. 132Reference to Board of Councillors if Executive Council delays grant or refusal of approval or permission
  7. 133Grounds on which approval of site for or licence to construct or reconstruct building may be refused
  8. 134Lapse of permission
  9. 135Power to Executive Council to require alteration of work
  10. 136Application of provisions to alterations and additions
  11. 137Provided that works of necessary repair which do not affect the provision or dimension of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.
  12. 138Troughs and pipes for rainwater
  13. 139Ruinous or dangerous building
  14. 140Filthy buildings etc
  15. 141Deserted and offensive building
  16. 142Buildings at corners of roads
  17. 143Permission for certain projections
  18. 144Provided that the fine and the additional fine under sub-section (2) shall stand.
  19. 145Provided that notice for the inspection shall be given to the occupier in advance of at least two hours.
  20. 146Any person aggrieved by the orders of the Executive Council made under any of the provisions of this Chapter may, within thirty days from the date of the order, appeal to the Board of Councillors.
  21. 147Power of State Government to make separate building Law

Chapter XIII PUBLIC CONSERVANCY AND PRIVATE CONSERVANCY →

  1. 148Removal of sewage, offensive matter and rubbish
  2. 149Establishment and implements for removal of sewage, offensive matter and rubbish
  3. 150Appointment of dumping pits and dumping grounds
  4. 151The Board of Councillors shall provide in some suitable places dumping pits and dumping grounds for final disposal of sewage, rubbish and offensive matters.
  5. 152Duties of owners and occupiers to collect and deposit rubbish, etc
  6. 153Prohibition of improper disposal of carcasses, rubbish and filth
  7. 154Prohibition against keeping filth on premises too long
  8. 155Prohibition against allowing outflow of filth
  9. 156Prohibition against using any cart without cover in the removal of filth
  10. 157Prohibition against throwing rubbish or filth on streets and into drains
  11. 158No person shall put or cause to be put any rubbish or filth on public street and into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain.
  12. 159Permission for construction of latrine or urinal near road, tank or water-course
  13. 160Provision of latrines by owner or occupier
  14. 161Provision of latrines for labourers
  15. 162Provision of latrines for markets, cart stands, cattle sheds, eating house etc
  16. 163Latrines to be screened from view and kept clean
  17. 164All latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.

Chapter XIV NUISANCE →

  1. 165Precautions in case of dangerous structures
  2. 166Power to stop dangerous quarrying
  3. 167Precautions against fire
  4. 168Prohibition of construction of well, tanks without the permission of the Executive Officer
  5. 169Fining in of pools, etc. which become a nuisance
  6. 170Cleansing of unsanitary private tank or well used for drinking
  7. 171Duty of Executive Council in respect of public well or receptacle of stagnant water
  8. 172Public water courses, tanks
  9. 173Removal of filth or noxious vegetation
  10. 174Prohibition against feeding certain animals on filth
  11. 175Prohibition against keeping animal so as to be nuisance or dangerous
  12. 176Power to destroy stray pigs and dogs
  13. 177Power to Executive Officer to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier

Chapter XV LICENCES AND FEES →

  1. 178Licenses for places in which animals are kept
  2. 179General powers of control over stables, cattle-sheds and cow-houses
  3. 180Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house
  4. 181Every such notice shall state the grounds on which it proceeds.
  5. 182Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed
  6. 183Grant or refusal of licence
  7. 184Approval of State Government to be obtained
  8. 185Limit of workers to be employed
  9. 186Control and restriction
  10. 187Explanation: The word "worker" in section 182, 184 and 185 shall in relation to any factory, workshop, work-place, or premises, have the same meaning as in the Factories Act, 1934.
  11. 188Exemption from sections 184 and 185
  12. 189Executive Council may issue directions for abatement of nuisance caused by steam or other power
  13. 190Power of the State Government to pass orders or give directions to Municipalities
  14. 191The Executive authority may enter any factory, workshop or work-place
  15. 192Provision of municipal slaughter-houses
  16. 193Licence for slaughter-houses
  17. 194Slaughter of animals during festivals and ceremonies
  18. 195The Executive Council may allow any animal to be slaughtered in such places as it thinks fit on occasions of festivals and ceremonies or as a special measure.
  19. 196Provided that the Executive Council may authorize any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony.
  20. 197Public markets
  21. 198Powers in respect of public markets
  22. 199Control of the Executive Council over public markets
  23. 200Licence for private market
  24. 201Fee for licence
  25. 202Sale in unlicensed private markets
  26. 203Powers of Executive Council in respect of private markets
  27. 204Suspension or refusal of licence in default
  28. 205Prohibition against nuisances in private markets
  29. 206Power to close private markets
  30. 207Acquisition of rights of private persons to hold private markets
  31. 208Prohibition against sale on public roads
  32. 209Decision of disputes whether places are markets

Chapter XVI MUNICIPAL TAXATION →

  1. 210Enumeration of ordinary taxes and powers or control of State Government
  2. 211Duty on transfers of property
  3. 212Notification of new taxes
  4. 213Saving for certain provisions of the Constitution
  5. 214Nothing in this chapter shall authorise a municipality to levy any tax which the State Legislature has no power to impose in the State under the Constitution.
  6. 215Levy of property tax on direction by Government
  7. 216Method of assessment of property
  8. 217General exemptions
  9. 218Classification of municipal area for the purpose of taxation
  10. 219Property tax a first charge on property
  11. 220Property tax when payable
  12. 221The property tax shall be levied every half-year and shall be paid by the owner of the assessed premises within thirty days after the commencement of the half-year.
  13. 222Obligation of transferor and transferee to give notice of transfer
  14. 223Owner's obligation to give notice of construction, reconstruction or demolition of building
  15. 224Remission of tax in areas included or excluded in the middle of a half-year
  16. 225Power of Executive Officer to call for information and to enter upon premises
  17. 226Profession tax
  18. 227Liability of member of firm, association and joint Hindu families to profession-tax
  19. 228The profession-tax leviable from a firm, association or joint Hindu family may be levied from any adult member of the firm, association or family.
  20. 229Service of Notice on failure of payment of tax
  21. 230Statements, returns etc., to be confidential
  22. 231Requisition on owner or occupier to furnish list of persons liable to tax
  23. 232Requisition on employers or their representatives to furnish list
  24. 233Deduction of profession tax from salary or wages or other sum
  25. 234Power on carriage and animals
  26. 235General provision regarding tax on carriage and animals
  27. 236Liability to tax according to period for which carriage or animal has been kept
  28. 237Exemptions
  29. 238Composition
  30. 239Grant of licence on payment of tax
  31. 240Power to require numbers to be affixed to bicycles, etc
  32. 241General provision regarding cart tax
  33. 242Power to remit tax
  34. 243Seizure of vehicle not bearing numbers
  35. 244Prohibition of advertisement without written permission of Chairman
  36. 245Licence for use of site for the purpose of advertisement
  37. 246Tax on advertisements
  38. 247Presumption in case of contravention
  39. 248Power of Chairman in case of contravention
  40. 249Fine for not paying tax on advertisement
  41. 250Provided that such fine shall be recovered from such person or persons as the Chairman may adjudge responsible for not paying the tax.
  42. 251Incidence of property tax
  43. 252Presentation of bill
  44. 253Amount of tax payable, and tax to be paid in advance
  45. 254Notice of demand and notice fee
  46. 255Recovery of tax
  47. 256Distress
  48. 257Disposal of distrained property
  49. 258Attachment and sale of immovable property
  50. 259Fee for distraint and attachment
  51. 260Recovery from a person about to leave jurisdiction of Municipality
  52. 261Sale of movable property situated beyond limits of municipal area
  53. 262Recovery under Public Demand Recovery Act
  54. 263Distraint not unlawful for want of form
  55. 264Provided that any person aggrieved by such defect or irregularity may, by order of a court of competent jurisdiction, recover the full satisfaction of any special damage sustained by him.
  56. 265Recovery of tax from unauthorised occupier of land or building
  57. 266Recovery of property tax on land or building or any other tax or charge in the case of unknown owner of land or premise or dispute ownership
  58. 267Such person may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such land or premises.
  59. 268Writing off irrecoverable dues

Chapter XVII WATER-SUPPLY →

  1. 269The Municipality to provide water-supply
  2. 270Public tanks, sub-soil water, etc., to vest in the Municipality
  3. 271Construction of waterworks
  4. 272Power to lay or carry pipes through public or private land
  5. 273Provided further that a reasonable compensation shall be paid to the owner or the occupier for any damage at the time sustained by him through, or in consequence of, any such operation.
  6. 274Power to permit connection to houses and lands
  7. 275Power to require water-supply to be taken
  8. 276Water supply through hydrants, stand-posts and other conveniences
  9. 277Vesting of private connections to premises in the Municipality
  10. 278Owner to bear expenses of repairs of works connected with the supply of water
  11. 279Permission to person outside the municipal area to take water
  12. 280The Board of Councillors may, with the sanction of, and on such terms as may be approved by, the State Government, supply water to a local authority or other person outside the municipal area.
  13. 281Water not to be wasted
  14. 282Power to cut off or to turn off supply of water to premises
  15. 283Digging of wells etc. without permission prohibited
  16. 284Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes
  17. 285Analysis of water for drinking or culinary purposes
  18. 286Power to make rules
  19. 287Power to make regulations

Chapter XVIII DRAINAGE AND SEWERAGE →

  1. 288The Municipality to provide drainage, sewerage, etc
  2. 289The Municipality shall provide and maintain a system of drainage or sewerage as well as a safe and sufficient outfall in or outside the municipal area.
  3. 290Control of Board of Councillors over drainage
  4. 291Cleaning of drains
  5. 292Provision for treatment and disposal of sewage
  6. 293Construction or maintenance of drainage and sewerage systems etc
  7. 294Power of Board of Councillors to lay or carry pipes through private and public land
  8. 295Use of public drains by private owners
  9. 296Power to order demolition of drain constructed without consent
  10. 297Draining of group or block of buildings etc. by combined operation
  11. 298Power to enforce drainage of un-drained premises and separate drainage in any premises
  12. 299Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work
  13. 300The cost of such establishment, including that of all materials, implements, and stores, shall be paid within such period as may be fixed by the State Government from the Municipal Fund.
  14. 301In addition, such person shall also be liable for all expenses that the Municipality may incur in removing or otherwise dealing with the unauthorised construction or encroachment.
  15. 302Power to Board of Councillors to make regulations

Chapter XIX RESTRAINT OF INFECTION →

  1. 303Board of Councillors to take measures for prevention and checking of dangerous diseases
  2. 304Obligation to give information of dangerous disease
  3. 305Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease
  4. 306Power of Chairman to cause disinfection of building, tank, pool or well
  5. 307Provided that if, in the opinion of the Chairman, such occupier or person or owner is, owing to poverty, unable to pay the cost, he may direct the payment thereof to be made from the Municipal Fund.
  6. 308Power of Chairman to closure lodging and eating houses
  7. 309Provided that such lodging house or place may be declared to be open if the Chief Medical Officer of Health of the District certifies that it has been disinfected or is free from infection.
  8. 310Control over well and tanks, etc
  9. 311Special measures in case of outbreak of dangerous or epidemic disease
  10. 312Disposal of infectious corpses
  11. 313Prohibition of making or selling of food etc. or washing of clothes by infected persons
  12. 314Duty of persons suffering from dangerous disease

Chapter XX VITAL STATISTICS →

  1. 315Registration of births and deaths
  2. 316Information of births
  3. 317Information respecting finding a new-born child
  4. 318Information regarding death
  5. 319Medical practitioner to certify cause of death
  6. 320Duties of police in regard to unclaimed corpse
  7. 321Sextons, etc., not to bury, etc., corpse

Chapter XXI DISPOSAL OF THE DEAD →

  1. 322Registration of places for disposal of the dead
  2. 323Provision for, and registration of, new places for disposal of the dead
  3. 324Permission for opening new place for disposal of the dead or reopening of place
  4. 325Power to require closing of burning and burial grounds
  5. 326Power to reopen closed places for the disposal of the dead
  6. 327Prohibition regarding burials within places of worship and exhumation
  7. 328Acts prohibited in connection with disposal of dead
  8. 329Disposal of dead animals

Chapter XXII URBAN RENEWAL AND REGIONAL DEVELOPMENT →

  1. 330Power of Board of Councillors to define and alter limit of bustee or slum
  2. 331Power to prepare improvement schemes
  3. 332Notice for participation of owners and occupiers
  4. 333Lay-out plan for sanction of erection of hut or structure in a slum
  5. 334Removal of congested buildings
  6. 335Power to require improvement of buildings unfit for human habitation
  7. 336Area development
  8. 337Matters to be provided in an area development project
  9. 338Execution of an area development project
  10. 339Power to acquire land or building for orderly growth
  11. 340Power of Municipality to plan for the region
  12. 341Preparation of a master plan
  13. 342Urban Development committee
  14. 343Board of Councillors in charge of Urban Development Region
  15. 344Power to make rules

Chapter XXIII STATE ELECTION COMMISSION AND STATE FINANCE COMMISSION →

  1. 345State Election Commission
  2. 346Elections to the Municipalities
  3. 347Appointment of officers for preparation of electoral rolls for election to Municipalities
  4. 348Appointment of officers for preparation for, and conduct of election to Municipalities
  5. 349Staff of State Election Commission
  6. 350Fixing date and time for poll
  7. 351Provided that the poll on any day shall continue for a period of not less than eight hours without interruption.
  8. 352State Finance Commission

Chapter XXIV MISCELLANEOUS →

  1. 353Powers of entry and inspection
  2. 354Power to enter land or adjoining land in relation to any work
  3. 355Breaking into building
  4. 356Time of making entry
  5. 357Notice for entry
  6. 358Public notice how to be made known
  7. 359Recovery of certain dues of Municipality
  8. 360Provided that no proceeding for the recovery of any such sum under this section shall be commenced after the lapse of three years from the date on which such sum becomes due.
  9. 361Notice, limitation and tender of relief in suits against Board of Councillors etc
  10. 362Indemnity
  11. 363Co-operation of the police
  12. 364Admissibility of document or entry as evidence
  13. 365Evidence of officer or other employee of Municipality
  14. 366Prohibition against removal of mark
  15. 367Prohibition against removal or obliteration of notice
  16. 368Prohibition against unauthorised intermeddling with property of the Municipality
  17. 369Power to make rules
  18. 370Power to amend Schedule
  19. 371The State Government, on its own or on the recommendation of a Municipality or number of Municipalities, may by notification add to, amend, or alter any Schedule to this Act.
  20. 372Regulations to be subject to approval of State Government
  21. 373No regulation made by the Board of Councillors under this Act shall have any validity unless and until it is approved by the State Government.
  22. 374Penalty for breach of rules or regulations
  23. 375Rules and regulations to be available for inspection and purchase
  24. 376Doubts as to powers, duties or functions of municipal authorities
  25. 377Delegation of power by the State Government
  26. 378Supervision by Director of Local Bodies
  27. 379Power to State Government to call for documents, returns or information from Chairman or any Officer of Municipality
  28. 380Inspection of municipal works and institutions by Government officers
  29. 381Power to suspend action under the Act
  30. 382Power to State Government in case of default
  31. 383Power of the State Government to intervene in case of gross neglect of serious irregularity

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