Chapter XXIV MISCELLANEOUS

Powers of entry and inspection: The Board of Councillors or any officer or other employee of the Municipality authorised by the Board of Councillors or empowered by or under this Act in this behalf may enter into or upon any land or building with or without assistants or workmen-

1. (a) for the purpose of ascertaining whether, in connection with the land or the building, there is or has been any contravention of the provisions of this Act or the rules or the regulations made thereunder;
2. (b) for the purpose of ascertaining whether or not circumstances exist which render it necessary, or require the Board of Councillors or any officer or other employee of the Municipality authorised or empowered in this behalf, to take any action or execute any work under this Act or the rules or the regulations made thereunder;
3. (c) for the purpose of taking any action or executing any work authorised or required by this Act or the rules or the regulations made thereunder;
4. (d) to make such inquiry, inspection, examination, measurement, valuation or survey as may be authorised or required by or under this Act or as may be necessary for the proper administration of this Act;
5. (e) generally for the purpose of efficient discharge of the functions by any of the authorised under this Act or the rules or the regulations made thereunder.

Power to enter land or adjoining land in relation to any work:

1. (1) The Board of Councillors or any person authorised by it or empowered by or under this Act in this behalf may enter upon any land within one hundred metres of any work authorised by or under this Act with or without assistants or workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
2. (2) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Municipality in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land or to both for any such damage, whether permanent or temporary.

Breaking into building:

1. (1) It shall be lawful for the Board of Councillors or any person authorised by it or empowered by or under this Act in this behalf to make any entry into any place and to open or to cause to be opened any door, gate or other barrier,-
   • (a) if he considers the opening of such door, gate or other barrier necessary for the purpose of such entry; and
   • (b) if the owner or the occupier is absent or, being present, refuses to open such door, gate or other barrier.
2. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Board of Councillors or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated to witness the entry into such place or the opening of such door, gate or other barrier and may issue an order in writing to them or to anyone of them so to do.

Time of making entry: Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry into any place authorised by or under this Act shall be made except between the hours of sunrise and sunset:

Provided that if the Executive Council is satisfied that the erection of any building or the execution of any other work has been commenced, or is being carried on, in any premises in contravention of the provisions of this Act or any other evasion of the provisions of this Act or the rules or the regulations made thereunder is being committed between the period of sunset and sunrise, it may, for reasons to be recorded in writing, enter such premises during such period to make an inspection thereof and take such action as may be necessary under this Act.

Notice for entry: Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without giving the owner or the occupier thereof, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry:

Provided that no such notice shall be necessary if the Executive Council considers, for reasons to be recorded in writing, that there is immediate urgency for such entry and the service of a written notice may defeat its purpose.

Public notice how to be made known: Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Chairman or any officer of the Municipality authorised in this behalf by the Board of Councillors, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within such locality or by advertisement in local newspapers or by publishing the same otherwise as the Executive Council may think fit.

Recovery of certain dues of Municipality: Save as otherwise provided in this Act or the rules or the regulations made thereunder, any sum due to the Municipality on account of any charge, cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were a property tax:

Power to institute etc. legal proceedings and obtain legal advice Power to institute etc. legal proceedings and obtain legal advice: The Board of Councillors may-

1. (a) initiate, or withdraw from, any proceedings against any person who is charged with-
   • (i) any offence under this Act or the rules or the regulations made thereunder, or
   • (ii) any offence, which affects or is likely to affect any property or interest of the Municipality, or
2. (b) institute, or withdraw from, or compromise, any proceedings under this Act;
3. (c) contest or compromise an appeal against assessment of any property tax or other tax;
4. (d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Municipality;
5. (e) defend or compromise any suit or other legal proceeding or claim brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done by the Municipality or such authority or officer or other employee under this Act or the rules or the regulations made thereunder;
6. (f) institute or prosecute any suit, proceeding or claim, or withdraw from, or compromise, any suit, proceeding or claim, instituted or made, as the case may be, in the name of the Municipality or the Board of Councillors or the Chairman;
7. (g) obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing lawful exercise or discharge of any power or duty vesting in, or imposed upon, any municipal authority or any officer or other employee of the Municipality, such legal advice and assistance as it may, from time to time, consider necessary or expedient.

Notice, limitation and tender of relief in suits against Board of Councillors etc.: No suit shall be instituted in any court having jurisdiction against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality in respect of any act done or purporting to be done under this Act or the rules or the regulations made thereunder until after the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person, stating-

1. (a) the cause of action,
2. (b) the nature of the relief claimed, and
3. (c) the relief which such plaintiff claims.

Indemnity: No suit shall be maintainable against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or of a Magistrate in respect of anything done lawfully and in good faith and with due regard to the provisions of this Act or the rules or the regulations made thereunder.

Co-operation of the police:

1. (1) The Director General or Inspector-General of Police, Mizoram, and the police-officers subordinate to him shall-
   • (a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area, and
   • (b) assist the Board of Councillors, the Executive Council or the Chairman or any officer or other employee of the Municipality in carrying out any order made by a Magistrate under this Act.
2. (2) It shall be the duty of every police-officer-
   • (i) to communicate without delay to the Chairman or any officer of the Municipality any information which he receives in respect of any design to commit, or any commission of any offence under this Act or the rules or the regulations made thereunder, and
   • (ii) to assist the Board of Councillors, the Executive Council or the Chairman or any officer or other employee of the Municipality reasonably demanding his aid for the lawful exercise of any power vesting in the Municipality or the Board of Councillors or the Executive Council or the Chairman or such officer or other employee under this Act or the rules or the regulations made thereunder.
3. (3) Any officer or other employee of the Municipality may, when empowered by a general or special order of the Director General or Inspector-General of Police, Mizoram, on the recommendation of the Executive Council or the Chairman in that behalf, exercise the powers of a police-officer for such of the purposes of this Act as may be specified in such order.

Admissibility of document or entry as evidence: A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the lawful keeper thereof or other person authorised by the Chairman in this behalf, be admissible in evidence of the existence of such document or entry, and shall be admitted as evidence of the matters and the transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

Evidence of officer or other employee of Municipality: No officer or other employee of the Municipality shall, in any legal proceeding to which the Board of Councillors is not a party, be required to produce any register or document the contents of which can be proved by a certified copy or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

Prohibition against removal of mark: No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or the rules or the regulations made thereunder.

Prohibition against removal or obliteration of notice: No person shall, without any authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the Board of Councillors or any municipal authority or any officer or other employee of the Municipality empowered in this behalf.

Prohibition against unauthorised intermeddling with property of the Municipality:

1. (1) No person shall, without any authority in that behalf, remove earth, sand or other material from, or deposit any matter in, or make any encroachment on, any land vested in the Municipality, or in any way obstruct such land.
2. (2) No person shall interfere with, or encroach upon, or otherwise damage, any property belonging to, or vested in, the Municipality.

Power to make rules:

1. (1) The State Government may make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provision of this Act are required to be prescribed or to be provided for by rules.
3. (3) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date such publication.

Power to amend Schedule:

Power to make Regulations Power to make Regulations:

1. (1) The Board of Councillors may, after previous publication, in accordance with, the subject to, the provisions of sub-section (2) make Regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act. (2)
   • (a) A notice relating to the draft regulations shall be published in one or more of the local newspapers circulated within the jurisdiction of the Municipality to which such regulations relate or, if there be no such newspaper, in such manner as the Board of Councillors may direct.
   • (b) Such draft shall not be further proceeded with until the expiration of a period of one month from the date of such publication or such longer period as the Board of Councillors may decide.
   • (c) For not less than one month during such period, a copy of such draft shall be kept in the office of the Municipality for public inspection, and any person shall be permitted at any reasonable time to peruse the same, free of charge.
   • (d) Copies of such draft shall be made available to any person requiring the same on payment of such fees as the Board of Councillors may fix.

Regulations to be subject to approval of State Government:

Power to State Government to cancel or modify regulations Power to State Government to cancel or modify regulations:

1. (1) If the State Government is, at any time, of opinion that any regulation made by the Board of Councillors under this Act should be cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Board of Councillors, and shall appoint a reasonable period, not less than fifteen days, within which the Board of Councillors may make such representation with regard thereto as it may think fit.
2. (2) On receipt and consideration of any such representation or, if no such representation is received, after the expiry of the period as aforesaid, the State Government may, at any time, by notification, cancel or modify such regulation either wholly or in part.
3. (3) The cancellation or modification of any regulation under sub-section (2) shall take effect from such date as the State Government may specify in the notification under that sub-section or, if no such date is specified, from the date of publication of such notification, provided such cancellation or modification shall not affect anything done or suffered or omitted to be done under such regulation before such date.
4. (4) Any notification under sub-section (2) shall be published in local newspapers or in such other manner as the State Government may decide.

Penalty for breach of rules or regulations:

1. (1) Any rules or regulation made under this Act provide that a contravention thereof shall be punishable-
   • (a) with fine which may extend to one thousand rupees;
   • (b) with an additional fine in the case of a continuing contravention, which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention; and
   • (c) with additional fine which may extend to fifty rupees for every day during which the contravention continues after receipt of a notice from the Municipality requiring the offender to discontinue such contravention.
2. (2) Any rule or regulation made under this Act may further provide that the offender shall be required to remedy, insofar as such remedy lies in his power, the mischief, if any, caused by the contravention of any rule or bye-law made under this Act.

Rules and regulations to be available for inspection and purchase:

1. (1) A copy of all rules and regulations made under this Act shall be kept at the office of the Municipality and shall, during office hours, be open, free of charge, to inspection by any inhabitant of the municipal area.
2. (2) Copies of all such rules and regulations shall be kept at the office of the Municipality and shall be available for purchase by any person on payment of such fees as the Board of Councillors may determine.

Doubts as to powers, duties or functions of municipal authorities: If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Chairman shall refer the matter to the State Government and the decision of the State Government thereon shall be final.

Delegation of power by the State Government:

1. (1) The State Government may, with regard to the Municipalities generally or to any Municipality or group of Municipalities in particular and subject to such conditions or restrictions as it may deem fit to impose, by notification, delegate to the Director of Local Bodies or the District Magistrate or the Sub-divisional Magistrate any of the powers vested in, or the functions imposed upon, the State Government by or under this Act, and thereupon, the Director of Local Bodies or the District Magistrate or the Sub-divisional Magistrate shall exercise such powers or perform such functions as if he were the State Government.
2. (2) The State Government may, by notification, appoint one or more Joint Director or Deputy Director or Assistant Director of Local Bodies to exercise the powers and perform the functions of the Director of Local Bodies.

Supervision by Director of Local Bodies:

1. (1) The Director of Local Bodies or the District Magistrate or the Sub-divisional Officer in addition to the power or functions delegated to him, may-
   • (a) inspect, or cause to be inspected, any immovable property owned, used or occupied by the Municipality or any work in progress under the direction of a municipal authority;
   • (b) inspect or examine any department of the Municipality or any office, service, work or thing under the control of the Board of Councillors;
   • (c) record, in writing, for the consideration of the Board of Councillors, any observation he thinks proper in regard to the proceedings or duties of any of the municipal authorities,
2. (2) For the purpose of inspection or examination, the Director of Local Bodies or the District Magistrate or the Sub-divisional Officer may require the Chairman or any officer of the Municipality-
   • (a) to produce any book, record, correspondence, plan or other document,
   • (b) to furnish any return, plan, estimate, statement, account or statistics, or
   • (c) to furnish or obtain any report.
3. (3) When a requisition is made under sub-section (2), the Chairman or any officer of the Municipality, as the case may be, shall comply with such requisition.

Power to State Government to call for documents, returns or information from Chairman or any Officer of Municipality: The State Government may, at any time,-

1. (a) call for any document in the possession or under the control of the Chairman or any Officer of the Municipality;
2. (b) require the Chairman or any Officer of the Municipality to furnish any return, plan, estimate, statement, account, report or statistics, or any information whatsoever.

Inspection of municipal works and institutions by Government officers: Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of the Municipality and all registers, books, accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the State Government may appoint in this behalf.

Power to suspend action under the Act:

1. (1) The State Government may, after giving the Board of Councillors a reasonable opportunity of being heard, annul any proceeding or resolution or order which it considers to be not in conformity with the provisions of this Act or the rules made thereunder and may do all things necessary to secure such conformity:- Provided that pending the hearing to be given to the Board of Councillors, the State Government may suspend the operation of such proceeding or resolution or order.
2. (2) The State Government, on receiving any information that the Board of Councillors or any other municipal authority is about to pass an order or instruction or implement any act in excess of any power conferred by this Act, may forthwith prohibit the passing of such order or instruction or implementation of such act, and such prohibition shall be binding on the Municipality: Provided that the State Government shall immediately thereafter give an opportunity to the Board of Councillors to make its representation in the matter upon which the State Government shall give its final order with reasons in writing.

Power to State Government in case of default:

1. (1) If, at any time, it appears to the State Government that the Board of Councillors has made default in performing any duty including the duty in relation to the Municipal Fund imposed on it by or under this Act or any other law for the time being in force, the State Government may, by order in writing, fix a period for due performance of such duty.
2. (2) If such duty is not performed within the period so fixed, the State Government may, in the public interest, by order do, or cause to be done by any Officer of the State Government or any authority appointed by it, anything for due performance of such duty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force.

Power of the State Government to intervene in case of gross neglect of serious irregularity:

1. (1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order.
2. (2) If the Board of Councillors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answer do not convince the State Government, or where more than two-thirds of the total number of Councillors holding office at the time of such resignation have for any reason, resigned the State Government may dissolve the Board of Councillors by an order published in the Official Gazette with effect from the date of the order.
3. (3) When a order of dissolution has been passed, all the powers and functions vested upon the municipal authorities under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board of Administrators as the State Government may appoint for the purpose.
4. (4) The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps for the constitution of a new Board of Councillors immediately thereafter: Provided that the new Board of Councillors shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved: Provided further that when the period for which the Board of Councillors would have continued is less than six months, it shall not be necessary to hold any elections for constituting a new Board of Councillors for such period.
5. (5) If any question arises as to what constitutes a gross neglect or a serious irregularity under this section, the opinion of the State Government as recorded in writing in the order, under this section shall be final and conclusive and the same shall not be questioned in any court of law.