Chapter III MUNICIPAL AUTHORITIES

Municipal authorities: The Municipal authorities charged with the responsibility of carrying out of the provisions of this Act for each municipal area shall be-

1. (a) the Municipality,
2. (b) the Executive Council, and
3. (c) the Chairman.

The Municipality:

1. (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 or there are wards within the municipal area, and
   • (b) Persons having special knowledge in municipal administration or local administration as may be appointed by the State Government from time to time; Provided that the number of councillors so appointed shall not be more than one-sixth or nearest of the number of councillors elected; Provided further that the councillors so appointed shall not have the right to vote in the meeting of the Municipality.
2. (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. (3) All executive actions of the Executive Council shall be expressed to be taken in the name of the Municipality.

Constitution of Board of Councillors:

1. (1) The councillors elected in a general election or a casual election of a municipality and the councillors appointed by the State Government under clause (b) of sub-section (1) of section 12 shall constitute the Board of Councillors.
2. (2) The Board of Councillors, unless dissolved earlier, shall hold office for a period of five years from the date appointed for its first meeting after the general election and no longer: Provided that the Board of Councillors, unless dissolved earlier, shall continue in office till the next Board of Councillors assume office.
3. (3) In 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.
4. (4) If, 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 Board of Councillors shall stand dissolved on the expiration of the said period and thereupon all the powers and functions of the municipality shall be exercised by persons to be designated as Board of Administrators as the State Government appointed for the purpose.

Executive Council:

1. (1) There shall be an Executive Council consisting of the Chairman, the Vice-Chairman and other members not exceeding, in the case of a Municipal Board, two, in the case of a Municipal Council, three and in the case of a Municipal Corporation, four.
2. (2) The Vice-Chairman and the other members referred to in sub-section (1) shall be nominated by the Chairman from amongst the Councillors of the Municipality as soon as possible after he enters into office, and shall assume office after taking oath of secrecy under section 50.
3. (3) All executive powers of the Municipality shall vest in the Executive Council.
4. (4) The manner of transaction of business of the Executive Council shall be such as may be prescribed.
5. (5) The Executive Council shall be collectively responsible to the Municipality.

Chairman:

1. (1) The Chairman shall be the executive head of the Municipality, and the municipal administration shall be under his control.
2. (2) The Chairman shall allocate the business among the members of the Executive Council.
3. (3) The Chairman shall preside over the meetings of the Executive Council as well as the Board of Councillors.
4. (4) The Chairman may transact any business or make any order authorised by any law for the time being in force, unless it is otherwise expressly provided in such law;

Election of Chairman Election of Chairman:

1. (1) The Board of Councillors, in its first meeting shall elect in accordance with such procedure as may be prescribed, one of its elected members to be the Chairman who shall assume office forthwith after taking oath of secrecy under section 50.
2. (2) If the Board of Councillors fails to elect a Chairman in the manner prescribed, the State Government shall appoint by name one of the Councillors to be the Chairman.
3. (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. (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.

Terms of office of Chairman:

1. (1) The Chairman shall cease to hold office if he ceases to be a Councillor of the municipal area.
2. (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.
3. (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. (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.

Vice-Chairman:

1. (1) The Vice-Chairman shall, in the absence of the Chairman, preside over the meetings of the Executive Council as well as the Board of Councillors.
2. (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. (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.

Members of Executive Council:

Delegation of powers and functions Delegation of powers and functions:

1. (1) The Board of Councillors may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Executive Council or the Chairman.
2. (2) The Executive Council may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman or a member of the Executive Council.
3. (3) Subject to such resolution as may be made by the Executive Council in this behalf, the Chairman may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Vice-Chairman or to a member of the Executive Council or to the holder of any of the posts of officers referred to in sub-section (1) of section 61.
4. (4) Notwithstanding anything contained in this section, the Executive Council, the Chairman, the Vice-Chairman, a member of the Executive Council or a holder of the posts of officers referred to in sub-section (1) of section 61 shall not delegate-
   • (a) any of its or his powers or functions delegated to it or him under this section, or
   • (b) such of its or his powers as may be prescribed.

Term of office of Vice-Chairman and other members of Executive Council: The Vice-Chairman or any other member of the Executive Council shall hold office until-

1. (a) he ceases to be a Councillor, or
2. (b) he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from the date of his acceptance, or
3. (c) he is removed from office by a written order of the Chairman, or
4. (d) the Chairman ceases to hold office, or
5. (e) in the case of the death of the Chairman, a newly elected Chairman enters upon his office.

Term 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-

1. (a) the Board of Councillors is dissolved earlier, or
2. (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.

Ward Committee:

1. (1) When the State Government finds it necessary so to do, it may, by special order, form a Ward Committee of any ward in any Municipality and determine the composition and functions of such a Ward Committee. The Councillor elected from the ward shall be the Chairperson of that Ward Committee.
2. (2) The functions of the Ward Committee may include inter alia, power to make local and internal arrangements and activities for the common benefits of the community including enforcement of Hnatlang and other matters according to the Mizo traditions, customs and practices.
3. (3) The ward committee may form a local committee in every locality inside the ward for matters of purely local and internal nature.
4. (4) The State Government may make rules for formation and functions of the local committee.

Formation of Special Committee:

1. (1) The Board of Councillors may, from time to time, appoint a Special Committee to perform such specified functions, or conduct such enquiries, or undertake such studies including reports thereon, as may be contained in a resolution in this behalf.
2. (2) Any person who is not a Councillor but possess special qualifications useful for the purpose of a committee as aforesaid may be associated therewith as its member.
3. (3) The manner of transaction of business in a Special Committee shall be such as may be laid down by the Board of Councillors.

Constitution of Joint Committee:

1. (1) The State Government may, if it considers necessary so to do, appoint a Joint Committee for more than one Municipality, or for one or more Municipalities with other local authority or authorities for any purpose in which they are jointly interested or for delegating to it any power or function which calls for joint action.
2. (2) The Joint Committee shall consist of the following members:
   • (i) two nominees of each constituent Municipality or local authority,
   • (ii) one nominee of each of the concerned Departments of the State Government or of the concerned Municipalities or of the concerned local authority,
   • (iii) such expert or experts as the State Government may nominate,
   • (iv) Director of Local Bodies who shall also act as a convener of the Committee.
3. (3) The procedure of transaction of business by a Joint Committee shall be such as may be prescribed.