Vidhi Codex

Bare Act

The Nagaland Municipal Act, 2001

Infrastructure2001402 sections

This Act establishes the framework for the administration of Municipal Councils and Town Councils in Nagaland. It defines the powers and functions of these local bodies, detailing how they interact with the state government regarding budgeting, employee recruitment, and the transfer of government duties. The legislation ensures that municipalities have the necessary authority and resources to manage urban areas effectively while maintaining state oversight and accountability.

Start reading →Read full ActSections
  1. 70. Doubts as to powers of functions of the Municipal authorities:
  2. 71. The decision of the Government conveyed under sub-section (2) shall be final and binding on the Municipal Council or Town Council.
  3. 72. Transfer of functions of Government:
  4. 73. Appointment and pay of establishment:
  5. 74. Powers of Government to require production of documents and
  6. 75. Submit to the Government such periodical reports relating to the affairs of the Municipality, as the Government may direct.
  7. 76. Power to annual or suspend any proceedings, resolution or order of
  8. 77. General powers of Government over officers,
  9. 78. Powers to issue directions and policy guidelines
  10. 79. Powers of Government in case of default. -1f, at anytime. -
  11. 80. Dissolution of Municipality,
  12. 81. Consequences of dissolution,
  13. 82. Government shall reconstitute a Municipality in accordance with the provisions of this Act.
  14. 83. A.(1) Where an area is specified as Urban Station Committee area under
  15. 83B. Urban Station Committee or not, to be Chairperson or Deputy Chairperson or may authorize such committee to elect its Chairperson or Deputy Chairperson or both and fix the term of the office of Chairperson and Deputy Chairperson.
  16. 84. Municipal Fund:
  17. 85. Council or the Town Council, as the case maybe, shall be credited thereto.
  18. 86. Provided further that all moneys on account of the Municipal Fund of a Municipality may be transferred from one bank to another bank through a resolution passed in this behalf by a Municipality in the prescribed manner.
  19. 87. Payment not to be made unless covered by budget-grant:
  20. 88. Power of Government to direct use of Municipal Fund for a particular
  21. 89. mandatory on the part of the municipality to do so.
  22. 90. The loss, if any, arising from such investments, shall be debited to the Municipal Fund.
  23. 91. Operation of bank accounts,
  24. 92. Duty of persons signing the cheque,
  25. 93. Power to raise loan by issue of debentures,
  26. 94. Form and effect of debentures,
  27. 95. Constitution and investment of sinking Funds,
  28. 96. Application of Sinking Fund:
  29. 97. Annual Statement,
  30. 98. Annual examination of Sinking Fund:-
  31. 99. Borrowing
  32. 100. Power to direct a Municipality to advance loan to another Municipality.
  33. 101. Preparation of budget estimate:
  34. 102. The statement referred to in sub-section (2) of section 119 shall be with the budget estimate.
  35. 103. Power to alter budget grant,
  36. 104. Maintenance of Accounts:
  37. 105. Preparation fMunicipal Account Code:
  38. 106. Financial statement,
  39. 107. Balance Sheet,
  40. 108. The form of the balance sheet and the manner in which the balance sheet shall be prepared, shall be such, as may be prescribed.
  41. 109. Who after examination of the same, shall adopt and remit these within one month to the Audit Authority provided in section 109.
  42. 110. Audit Report:
  43. 111. Placing of audited accounts before the Municipality,
  44. 112. Audited accounts to be submitted;
  45. 113. Government whose decision shall be final and binding.
  46. 114. Power to acquire and hold property:
  47. 115. any interest therein, whether within or outside limits of the municipal area.
  48. 116. Provided that the extend of the independent authority of the Municipality in respect of such institution may be such, as may be prescribed.
  49. 117. By the Chairperson, the Chief Officer of a Municipal Council or a Town Council and the Officer of Local Government And prior approval of the Government shall be obtained before the making of such agreement.
  50. 118. Disposal of property;
  51. 119. Registers of immovable and movable properties;
  52. 120. Power to impose Taxes:
  53. 121. Procedure to impose tax: V -
  54. 122. Constitution of Finance commission
  55. 123. Rate of tax on lands and buildings:
  56. 124. Exemption from tax on lands and buildings.
  57. 125. Determination of annual valuation:
  58. 126. Municipal assessment code:
  59. 127. occupation.
  60. 128. Draft Valuation List:
  61. 129. Public notice & filing of objection:
  62. 130. so received before the Municipal Property Tax Committee.
  63. 131. Municipal Property Tax Committee.
  64. 132. The Chief Officer of the Municipality shall thereupon make necessary entries in the valuation register referred to in Section 130.
  65. 133. Every valuation determined by the Municipal Property Tax Committee shall, subject to provisions of section 142, be final.
  66. 134. Revision of valuation:
  67. 135. Revision of valuation in specific cases:
  68. 136. Furnishing of returns for purposes of revision in te annual value of lands
  69. 137. Liability for failure to furnish a return or submission of incorrect return.
  70. 138. Notice of transfer:
  71. 139. Officer so requests, such periodical returns at such intervals as the Chief Officers may specify.
  72. 140. Amendment of Municipal Assessment Book:
  73. 141. Assessment Book would have remained in force.
  74. 142. Appeal:
  75. 143. Incidence of tax on lands and buildings.
  76. 144. Provided that the Chief Officer of the Municipality may, apportion the amount of the tax on such land or building among the co-owners.
  77. 145. Taxes on lands and buildings to be a first charge on premises.
  78. 146. Notice of erection of building etc:
  79. 147. Notice of demolition or removal of building,
  80. 148. Payment of tax:
  81. 149. Payment of tax unease of objection or appeal:
  82. 150. Scavenging Tax:
  83. 151. Provided that scavenging tax may be levied at different percentages, of the annual value in different municipalities.
  84. 152. Octroi:
  85. 154. Communicate to the officer any information and exhibit any bill, invoice or document of a like nature, which he may possess relating to the goods.
  86. 155. Refusal to permit inspection etc.
  87. 156. Municipality, communicate any such information, which is false or exhibits any such bill, invoice or document of a like nature, which is false or forged.
  88. 157. Payment of octroi and receipts therefor,
  89. 158. Extension of Octroi limit by agreement,
  90. 159. CouncilAct, 1978 (1 of 1979).
  91. 160. Transit Pass:
  92. 161. Prohibition of Advertisements without written permission of the Chief
  93. 162. License for use of site for purpose of advertisement:
  94. 163. Tax on advertisements
  95. 164. Permission of Chief Officer to become void in certain assess,
  96. 165. License for use of site for purpose of advertisement to become void in
  97. 166. Presumption in case of contravention:
  98. 167. Liability to pay additional amount:
  99. 168. Provided that such amount shall not be less than an amount equal to one-and- half times of such tax.
  100. 169. Development charges
  101. 170. execution of any Town Improvement Scheme or Town Planning Scheme.
  102. 171. Assessment of development charges and payment:
  103. 172. Person liable to pay development charges:
  104. 173. Chief Officer the Municipality, or the Officer authorised under section 171, as may be.
  105. 174. Fire Fax
  106. 175. Toll
  107. 176. The revenue accruing from the tolls shall be credited to the Municipal Fund of the Municipality.
  108. 177. Exemption from toll-
  109. 178. Show Tax
  110. 179. Tax on vehicles and animals:
  111. 180. Tax on whom leviable;
  112. 181. Taxes payable to be a first charge and recoverable as arrears of land
  113. 183. Time and manner of payment of Taxes.
  114. 184. Presentation of bill:
  115. 185. Notice of demand, notice fee and interest:
  116. 186. The amount due as interest under this section, shall be recoverable as an arrear of tax under Act.
  117. 187. Every warrant issued under this section, shall be signed by the Chief Office of the Municipality or any other authorised by the Municipality in this behalf.
  118. 188. Disposal of distrained property.
  119. 189. Attachment and sale of immovable property
  120. 190. Sale of property distrained or attached:
  121. 191. Recovery from a person about to leave the Municipal area:
  122. 192. Distraint not unlawful of want of form:
  123. 193. Occupiers may be required to pay rent towards satisfaction of the tax-
  124. 194. Recovery of tax on lands and buildings or any other tax or charges when
  125. 195. Taxes not invalid for defect of form:-
  126. 196. Power of the Chief Officer to prosecute or serve notice of demand:
  127. 197. Cancellation of irrecoverable dues:
  128. 198. Recovery of octroi and toll:
  129. 199. Power to lease Collection of octroi or tools,-
  130. 200. Power of Government to exempt from tax:
  131. 201. Duty of Municipality:
  132. 202. Chapter-11 Functions in relation to Water Supply.
  133. 203. Municipality shall decide the question.
  134. 204. Supply of water for other than domestic purposes:-
  135. 205. Making connection with municipal water works.-
  136. 206. Water supply through hydrants, stand-posts and other conveniences.-
  137. 207. Provision for fire hydrants.-
  138. 208. The Chief Officer shall allow all persons to take water for extinguishing fire from any pipe on which a hydrant is fixed, without any payment.
  139. 209. Public tanks, sub-soil water etc. to vest in the Municipality.-
  140. 210. All rights over the sub-soil water resources within a municipal area, shall vest in the Municipality constituted for that area.
  141. 211. Works to be undertaken for supply of water.
  142. 212. Chief Officer to manage water works.
  143. 213. Power of access to water-works.-
  144. 214. Officer, or if the person so appointed by the Government has caused the damage, by the Government.
  145. 215. Prohibition regarding sinking of tubewells.-
  146. 216. Power to direct sinking of tube well in some cases.-
  147. 217. Registration of tubewelis
  148. 218. Power to fill up wells.-
  149. 219. Digging of wells.-
  150. 220. Power to set apart wells, thanks, for digging etc.-
  151. 221. Power to lay mains.-
  152. 222. Power to lay pipes.-
  153. 223. Power to require separate supply pipes.
  154. 224. Power to require water supply to be undertaken.-
  155. 225. Power to require owners of premises to set up pumps
  156. 226. No booster pump shall be set up without a written permission of the Chief Officer.
  157. 227. Officer of the Municipality.
  158. 228. Power to test water fittings.-
  159. 229. used in connection with water supplied by the Municipality.
  160. 231. Power to close or restrict use of water from polluted source of supply,-
  161. 232. Supply pipes to be maintained-
  162. 233. Power to provide meter,-
  163. 234. Installation of meter by the owner,
  164. 235. Presumption as to correctness of meters,-
  165. 236. Prohibition of fraud in respect of meters.-
  166. 237. Payment for supply of water,-
  167. 238. preceding bills.
  168. 239. Government, statutory or private agency, subject to such condition, as the Municipality may, determine.
  169. 240. Municipality to provide drainage, sewerage and out -fall,-
  170. 241. Provision of means for disposal of sewage,
  171. 242. Public drains and sewage disposal works to vest in the Municipality,
  172. 243. Power of Municipality to make over to or to take over from, a statutory
  173. 244. Control of drains and sewage disposal works.
  174. 245. Municipality.
  175. 246. Alternation and discontinuances of drains,-
  176. 247. prohibited.
  177. 248. Municipality may, construct or set up such reservoirs, sluices, machines and other works, as it may from time to time, determine.
  178. 249. Act,- 1934 (Act 30 of 1934).
  179. 250. Drainage of undrained premises,-
  180. 251. Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub- section (1).
  181. 252. Chief Officer for the purpose.
  182. 253. Power to close or limit the use of drain in certain cases.
  183. 254. Municipality, and of any work done under clause (a), maybe paid out of Municipal Fund of the Municipality.
  184. 256. 360
  185. 257. Power to require owner to carry out certain works.
  186. 258. Special provision relating to trade effluent, -
  187. 259. Special provision regarding drainage of trade effluent,-
  188. 260. Position of cesspool,
  189. 261. Filth
  190. 262. to be supplied to the municipal area.
  191. 263. flush the proposed privies urinals.
  192. 264. the Municipality.
  193. 265. Rights of user of property for aqueducts, lines etc,-
  194. 266. Power to authorise owner.-
  195. 267. Requirement to inform certain cases,-
  196. 268. Power to execute work,-
  197. 269. The expenses referred to in sub-section (2), shall be recoverable from the person or persons liable therefor as an arrears of tax under this Act.
  198. 270. Power to examine and test drains,_
  199. 271. Employment of Government agencies for repairs, etc,-
  200. 272. authority.
  201. 273. Prohibition of certain acts,-
  202. 274. Sewerage charge and sewerage cess,-
  203. 275. Entrustment and maintenance of sewerage works and billing and
  204. 276. Government, statutory or private agency.
  205. 277. covered by Chapter II of Chapter III of this Part.
  206. 278. Cleaning of streets and removal of solid wastes,-
  207. 279. Provisions for appointment of receptacles, depots and places for
  208. 282. Provision of means for processing of solid wastes,-
  209. 283. Solid waste management,-
  210. 284. Duty of owners and occupiers,-
  211. 285. Collection and removal of filth and polluted mater etc,-
  212. 286. Provided that nothing in this section shall prevent the Chief Officer from taking any action in respect of such premises under section.
  213. 287. Removal of solid wastes accumulated on non-residential premises,-
  214. 288. Prohibition against accumulation of rubbish, etc.-
  215. 289. Power to get places cleaned,-
  216. 290. Not to sanction building in certain cases,-
  217. 291. Deposit of any solid in contravention of the provisions of this Act,-
  218. 292. Vesting of public street in Municipality,-
  219. 293. Functions of Municipality in respect of public streets etc,
  220. 294. Municipal Streets Technical Committee,-
  221. 295. Rights or way for underground utilities:-
  222. 296. The imposing of penalty in case of delay in the completion of work.
  223. 297. Power to make new public streets.-
  224. 298. Minimum width of new public streets.-
  225. 299. Provided that such width may be reduced by the Municipality for reasons to be recorded in writing, but the width shall in no case be less than six metres.
  226. 300. Permanent closure of public street.-
  227. 301. Disposal of land forming site of public street permanently
  228. 302. Temporary closure of public street.
  229. 303. Closure of public street for parking purposes and levy of parking fee.-
  230. 304. Power to prohibit use of public streets for certain kind of traffic.-
  231. 305. Regular line of a street.-
  232. 306. Setting back building to regular line of street.
  233. 307. Land acquired under this section, shall be deemed to be a part of the public street and shall vest in the Municipality.
  234. 308. Setting forward of building to regular line street.-
  235. 309. Acquisition of open land and land occupied by platforms, etc. within the regular line of street
  236. 310. Acquisition of remaining part of building and land.-
  237. 311. Municipality may deem fit.
  238. 312. Levelling and draining of private streets.-
  239. 313. Right of owners to require streets to be declared public.-
  240. 314. Prohibition of projections.-
  241. 315. Permission of projection in certain cases.-
  242. 316. Ground floor doors, etc not to open outwards on street.-
  243. 317. Prohibition of structures or fixtures.-
  244. 318. Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section( 1) of section 322 applies.
  245. 319. Power to remove anything erected etc.
  246. 320. otherwise.
  247. 321. Precautions during repair of streets.-
  248. 322. Streets not to be opened or broken up without permission.-
  249. 323. Municipality in this behalf but no reply has been sent to the applicant within seven days from the date of the application.
  250. 324. Reinstatement of street.-
  251. 325. If such person fails to reinstate and make good the street as aforesaid, the Chief Officer may restore such street, and the expenses incurred by the Chief Officer in so doing, shall be paid by such person.
  252. 326. Provision for passage or diversion of traffic.-
  253. 327. 394
  254. 328. expenses thereof from such person.
  255. 329. Municipal Fund of the Municipality.
  256. 330. Shall be recoverable from such owner or occupier as an arrears of tax under this Act.
  257. 331. Measures for lighting._
  258. 332. Prohibition of removal of lamps.-
  259. 333. Prohibition against encroachment on land, public places.-
  260. 334. Seizure or attachment of offender.-
  261. 335. Custody, sale or disposal of property seized or attached.
  262. 336. Confiscation of property seized or attached
  263. 340. General Definitions.
  264. 342. The manner of conducting the business of the Municipal Building Committee and the procedure to be followed by it shall be such, as may be prescribed.
  265. 343. execution of work, as the case maybe.
  266. 344. Preparation of plans,-
  267. 345. 406
  268. 346. Sanction or Provisional sanction.-
  269. 347. Sanction or provisional sanction accorded under misrepresentation,-
  270. 348. When building or work may be proceeded with.-
  271. 349. Order of stoppage of buildings orworks in certain cases,-
  272. 351. Appeal:-
  273. 354. Act.
  274. 355. Provisions as to building and works on either new street or near fly-overs
  275. 356. construction, as may be prescribed in this behalf.
  276. 357. No person shall after the date of publication of such declaration, erection or re-erection any building in contravention of such declaration.
  277. 358. and decided to his satisfaction.
  278. 359. Power to require improvement of buildings unfit for human habitation,-
  279. 360. which the building will have, when the works are completed.
  280. 361. Demolition of buildings unfit for human habitation,-
  281. 362. Power to removal of dangerous building.
  282. 363. taken lawfully and in good faith and with due care and attention.
  283. 364. prescribed manner in advance.
  284. 365. Provision on change of use of building.
  285. 366. Officer may, require any Police Officer or any employee of the Municipality to seal such building after evicting all persons therefrom to prevent its further unauthorized use.
  286. 367. Theatres, circuses etc. not to be established without permission.-
  287. 368. Permission in case of markets, shops etc.-
  288. 369. Notwithstanding the existence of any markets or shops on any such street, such refusal of the Chief Officer shall be final.
  289. 370. Conditions for granting permission.-
  290. 371. Preparation of schemes.-
  291. 372. Country Planning Act, 1968 (4 of 1966) has been prepared or implemented.
  292. 373. Town Improvement Scheme.-
  293. 374. Matters to be provided in Town Improvement Scheme.-
  294. 375. Town planning Scheme.
  295. 376. Matters to be provided in Town Planning Scheme.-
  296. 377. Combination of schemes and matters which may be provided in the scheme
  297. 378. Legislature or any of the Acts that the State legislature is competent to amend.
  298. 379. Government for sanction.
  299. 380. Government, not of sufficient importance to require republication.
  300. 381. Alteration of scheme after sanction.-
  301. 382. Acquisition of land for scheme.-
  302. 383. Power to make surveys.-
  303. 384. General Power to make surveys.-
  304. 385. Chapter, any rules or regulation made thereunder or any scheme sanctioned under this Chapter.
  305. 387. Provisions of municipal markets and slaughter houses.-
  306. 388. Use of Municipal markets.
  307. 389. Police Officer or any officer or employee of the Municipality authorized by the Chief Officer in this behalf.
  308. 390. Prohibition of business and trade near a market.-
  309. 391. Officer in this behalf.
  310. 392. 435
  311. 393. the market or the slaughter-house.
  312. 394. lessee in respect of such premises.
  313. 395. Power to inspect places where unlawful slaughter of animals etc. is suspected
  314. 396. Premises not be used for certain non-residential purposes without
  315. 397. Registers to be maintained.-
  316. 398. Premises not to be used for keeping animals, birds etc. without licence.
  317. 399. Municipal licence for private markets.-
  318. 400. Prohibition of keeping market open without licence, etc.-
  319. 401. Prohibition or use of unlicenced markets.-
  320. 402. Licence for hawking articles.-
  321. 403. Licence for sale of flesh, fish or poultry etc.-
  322. 404. Seizure of certain animals.-
  323. 405. Power of Chief Officer to prevent use of premises in particular area for
  324. 406. Chief Officer shall have the power to stop the use of any such premises by such means, as he considers necessary.
  325. 407. Power to seize food or drug, etc.
  326. 408. Power to call for information regarding burning and burial ground,-
  327. 409. Provisions for new places for disposal of the dead,-
  328. 410. Permission for opening new place for disposal of the dead or reopening
  329. 411. Power to require closing of burning burial grounds.-
  330. 412. Removal of corpse,
  331. 413. The Municipality may, by public notice, specify the routes for the removal of corpse to burning or burial ground.
  332. 414. Prohibitions regarding burial within places of worship and
  333. 415. Acts prohibited in connection with disposal of dead,-
  334. 416. Disposal of dead animals,-
  335. 417. Disposal of mad and stray dogs and other animals,-
  336. 418. Municipality to take measures for prevention and checking of
  337. 419. Power of Chief Officer to inspect a place and take measures to prevent
  338. 420. Commissioner and the senior most functionary of the Health Department of the Government in the District.
  339. 421. Power of Chief Officer to disinfect building, tank pool or well,
  340. 422. Power to close lodging and eating house.-
  341. 423. Power to inspect places for sale of food or drink etc. and seize unwholesome articles exposed for sale
  342. 424. Special measures in case of outbreak of dangerous or epidemic diseases.-
  343. 425. Disposal of infectious corpses.-
  344. 426. Means of disinfection.-
  345. 427. Contamination and disinfections of public conveyance.-
  346. 428. Driver of a conveyance not bound to carry person suffering from dangerous disease
  347. 429. Infected building not to be let without being first disinfected.-
  348. 430. Disposal of infected articles without disinfection.-
  349. 431. Infected clothes not to be sent to washerman or laundry.-
  350. 432. Prohibition of making or selling of food, etc. or washing of clothes by infected person
  351. 433. Obligation to give information of dangerous disease and duty of persons suffering from dangerous disease
  352. 434. Duties of Municipality in relation to sanitation and public safety.-
  353. 435. Power to inspect premises for sanitary purposes.-
  354. 436. Power to require cleansing and lime washing of filthy building or land.-
  355. 437. 456
  356. 438. deems necessary.
  357. 439. Power to prohibit use for human habitation of buildings unfit for such use
  358. 440. Municipality shall have informed in writing, the owner or occupier that the prohibition has been withdrawn.
  359. 441. Restriction on spitting.-
  360. 442. Bill-sticking without permission.
  361. 443. Roofs and external walls not to be made of inflammable material.-
  362. 444. Regulation use of places for public bathing etc.-
  363. 445. public generally.
  364. 446. Prohibition of pollution of water by steeping therein animal or other matter etc
  365. 447. Prohibition of pollution of water by other means.-
  366. 448. Prohibition against washing by washerman.-
  367. 449. Public Latrines, Urinals.
  368. 450. Restriction on construction of latrines and urinals.-
  369. 451. owner or occupier as an arrears of tax under this Act.
  370. 452. proper order.
  371. 453. the same in clean and proper order.
  372. 454. 462
  373. 455. Taking elephants along public roads.-
  374. 456. along a street.
  375. 457. Nuisance.-
  376. 458. Stacking or collecting inflammable materials.-
  377. 459. or the lighting of fires in any place which may be specified in the notice.
  378. 460. Prohibition of certain act.
  379. 461. Any animal found straying as aforesaid, may be removed by an officer or employee of the Municipality or by any Police Officer to a pond.
  380. 462. Power to require wells, tanks etc to be rendered safe.-
  381. 463. Officer, imminent, he shall forthwith take such steps, as he thinks necessary to avert the same.
  382. 464. Power to regulate excavations.-
  383. 465. Restriction on quarrying, blasting etc.-
  384. 466. Power to require trees, hedges to be maintained.-
  385. 467. Power to institute etc legal proceedings.-
  386. 468. Bar of jurisdiction of civil courts
  387. 469. Members and Officers of the Municipality to be public servants:
  388. 470. Punishment for certain offences,
  389. 471. Gene aI
  390. 472. continues to be made.
  391. 473. Offences by Companies
  392. 474. Prosecution.
  393. 475. Composition of offences:
  394. 476. Protection of action of the Municipality etc,
  395. 477. made thereunder.
  396. 478. Power to make rules.-
  397. 479. Power to make regulations.-
  398. 480. Regulations to be subject to approval of Government.-
  399. 481. Before approving such regulations, the Government may make any change therein which appears to it to be necessary.
  400. 482. Any notification under sub-section (2) shall be published in local newspapers.
  401. 483. Removal of difficulties;
  402. 484. Repeal and saving:

PDF: pending for this language.