Preamble

The Mizoram Gazette

EXTRA ORDINARY

Published by Authority

RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLIV Aizawl, Tuesday 18.8.2015 Sravana 27, S.E. 1937, Issue No. 391

NOTIFICATION

No.H.12018/120/2003-LJD, the 5th August, 2015. The following Act is hereby published for general information.

The Mizoram Municipalities Act, 2015 (Act No. 9 of 2015)

Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram.

ACT NO. 9 OF 2015 THE MIZORAM MUNICIPALITIES (THIRD AMENDMENT) ACT, 2015 AN ACT further to amend the Mizoram Municipalities Act, 2007

It is enacted by the Legislative Assembly of Mizoram in the Sixty Sixth Year of the Republic of India as follows:

Short Title and 1) This Act shall be called ‘The Mizoram Municipalities (Third Amendment) commencement Act, 2015.’

2) It shall have the like extent as the Principal Act. 3) It shall come into force from the date of publication in the Official Gazette.

Amendment of In Section 2 of the Mizoram Municipalities Act, 2007 (Act No.6 of 2007) section 2 (hereinafter referred to as the Principal Act)

1. (1) Sub-section (18-A) shall be substituted as follows, namely; “(18-A) “Deputy Mayor” means Deputy Mayor of a municipal corporation and shall be elected in accordance with section 16 of the Act. The expression ‘Vice Chairman’ under this Act, with respect to a municipal corporation, shall mean Deputy Mayor of a municipal corporation.”
2. (2) Sub-section (18-A) shall be renumbered as (18- B).
3. (3) After sub-section (39), a new sub-section (39-A) shall be inserted as follows: “(39-A) “Mayor” means the executive head of a municipal corporation. The expression ‘Chairman’ under this Act, with respect to a municipal corporation, shall mean Mayor of a municipal corporation.” Amendment of After sub-section (3) of section 28 of the Principal Act, a new sub-section (4) Section 28 shall be inserted as follows, namely; “(4) Notwithstanding anything contained in this Act, the State Election Commission may prepare the electoral rolls of Municipal Wards without conducting an enumeration by adopting the last published Electoral Rolls of the Local Councils prepared for the purpose of Election to the Local Councils under Rule 16 (2) of the Mizoram Municipalities (Election to Local Councils) Rules, 2015 by adopting the Assembly Rolls which is under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll.” Amendment of After clause (b) of sub-section (1) of section 29 of the Principal Act, a new Section 29 clause (c) and (d) shall be inserted as follows, namely; “(c) is a citizen of India, who belongs to a Scheduled Tribe; (d) notwithstanding anything contained in clause (c) of Sub-Section (1), permanently resident Gorkhas and their direct descendants as notified by the State Government, who are not otherwise disqualified, shall be entitled to be registered in an electoral roll.” Amendment of Sub-section (1) of section 52 of the Principal Act shall be substituted as follows: Section 52 “(1) The Board of Councillors shall ordinarily hold a meeting at least once every quarter for the transaction of its business.” Deletion of Section 66 of the Principal Act shall stand deleted. Section 66 Amendment of Section 134 of the Principal Act shall be substituted as follows, namely; Section 134 “134. Lapse of permission: A permission given or deemed to have been given in respect of any construction or reconstruction under this Chapter shall have a validity of three years. After the expiry of the said period, the renewal of such permission may be granted as may be prescribed by rules and regulation in this regard.” Amendment of After sub-section (3) of Section 137 of the Principal Act, a new sub-section (4) Section 137 shall be inserted as follows, namely; “(4) If such owner or builder fails to comply with the order, a municipality may cause the building to be demolished, or altered so as to bring it into conformity with the Act, regulations, rules, directions or requisition as aforesaid, or with plans and particulars on which such permission or order was based; and all the expenses incurred for doing so shall be paid by the owner or builder of such building, and shall be recoverable in the manner as an amount payable on account of any fee or tax recoverable under this Act.” Amendment of In section 157 of the Principal Act, a new section 157A shall be inserted Section 157 as follows, namely; “157A: Prohibition against littering and unhygienic activity in public place
4. (1) No person shall litter by way of throwing dirt, garbage, rubbish, filth, etc., in any public places such as roads, roadsides, public squares, parks, playgrounds, public halls etc.
5. (2) No person shall pass urine or defecate in places other than its designated places.
6. (3) No person shall spit in public places.
7. (4) Any person who is found in violation of sub-sections (1), (2) and
8. (3) of this section shall be liable to be punished under section 386 of the Act.” Amendment of Section 164 shall be substituted by the following: section 164 “ 164: Duty of every person to maintain cleanliness:
9. (1) It shall be the civic duty of every person to maintain cleanliness and to live in a decent and respectable way of living with respect to proper collection, removal and disposal of solid waste, sewage, offensive matter, filth or rubbish and making and keeping in proper condition of latrines and urinals which are dealt with in this Chapter, so as to avoid nuisance or discomfort to persons residing in the neighbourhood or to passers-by.
10. (2) Any person who contravenes any of the provisions of section 153, 154, 155, 156, 159 and 163, or fails to comply with the notice served to him under sections 160, 161 or 162 of the Act shall be punishable under section 386 of the Act.
11. (3) Any person who shows gross negligence of the civic duty under sub section (1),orlives irresponsible, immoral, unwholesome or negligent way of living with respect to any matter dealt with in this chapter shall be punishable under this Act.” Amendment of Sub-section (2) of Section 346 of the Principal Act shall be substituted as section 346 follows: “(2) Notwithstanding anything contained in this Act for the purpose of the election to a municipality, the electoral rolls used in the election to the Local Bodies in Mizoram as it existed then in the area shall be used as may be updated and corrected according to the rules governing preparation of Electoral Rolls of the said Local Bodies.” Amendment of Section 374 of the Principal Act shall be substituted as follows, namely; section 374 “374: Penalty for breach of rules or regulations:
12. (1) Any rules or regulations made under the Act provide that a contravention thereof shall be punishable - a) with fine which may extend to one lakh rupees; b) with an additional fine in the case of a continuing contravention, which may extend to one thousand 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 five hundred rupees for everyday during which the contravention continues after receipt of a notice from the Municipality requiring the offender to discontinue such contravention.
13. (2) Any rule or regulation made under the Act may further provide that the offender shall be required to remedy, in so far as such remedy lies in his power, the mischief, if any, caused by the contravention of any rule or bye-law made under the Act.” Secretary, Law & Judicial Department, Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLIV Aizawl, Monday 20.4.2015 Chaitra 30, S.E. 1937, Issue No. 155 NOTIFICATION No.H.12018/120/2013-LJD, the 16th April, 2015. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Municipalities (Second Amendment) Act, 2015 (Act No. 5 of 2015) {Received the assent of the Governor of Mizoram on the 25th March, 2015} Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram. THE MIZORAM MUNICIPALITIES (SECOND AMENDMENT) ACT, 2015 (ACT. NO. 5 OF 2015) AN ACT to amend the Mizoram Municipalities Act, 2007 (hereinafter referred to as Principal Act) It is enacted by the Mizoram Legislative Assembly in the Sixty Sixth year of the Republic of India as follows:-