The Nagaland Municipal (1st Amendment) Act,2006

The Nagaland Municipal (First Amendment Act, 2006 (Act No. 4 of2006.) Received the assent of the Govemor ofNagaland on 3010812006 and published in the Nagaland Gazette Extraordinary dated: 13&o f September, 2006. To amend the Nagaland Municipal Act, 2001 (Act No 4 of 2006) Be it enacted by the Nagaland Legislative Assembly in the fifty seventh year of the Republic of India as follows: Short title, extent and commencement 1. ( 1 This Act may be called the Nagaland Municipal (First Amendment) Act, 2006 (2) It shall extend to whole of Nagaland. (3) It shall come into force at once. Amendment of definitions 2. In sect1on2 ofthe Nagaland Municipal Act, 2001, hereinafter referred to as the principal Act, the following will be inserted: "(12)A. "Ex officio member" means a member of the Nagaland Legislative Assembly represented in the Municipality under sections 9 and 2 1. (25)A. "Municipality" means Municipal Council or Town Council. (27)A. "Nominated member" means a person having special knowledge or experience in Municipal administration represented in the Municipality under sections 9 and 2 1. " Amendment of section 9 3. For the existing section 9 ofthe principal Act, the following shall be substituted, --lely: "9. Composition of Municipal Council Every Municipal Council shall have the following members: 1 Membersdirectly elected &om territorial constituenciesknown as wards; ~, Persons having special knowledge or experience inMunicipa1a dministration (2) in terms of article 243-R (2) (a) (i) of the Constitution, nominated by the Government, whose number sllall not exceed one third of the total number of directly elected members; (3) Members of the Nagaland Legislative Assembly represented in the Municipal Council in accordance with article 243-R (2) (a) (ii) of the Constitution; and, (4) Chairpersons of Committees constituted under clause (5) of article 2433 ofthe Constitution. Provided that under clause (2) above, the Government shall not nominate any person who has lost the latest election to the Municipal Council." Insertion of a new section 9A 4. After the section 9 in the principal Act, the following shall be inserted, namely: "9A. Voting rights of members Notwithstand'mg anything contained in this Act, all members, except the members who have been nominated under article 243-R (2) (a) (i) of the Constitution, shall have the right to vote in the meetings of the Municipal Council." Amendment of section 12 5. In section 12 ofthe principal Act, forthe existing clauses (1) and (20, the following shall be substituted, namely: (1) "The elected and the ex officio members of the Municipal Council shall elect one of the elected members to be the Chairperson in the manner as may be prescribed inthis behalf. (2) The elected and the ex officio members of the Municipal Council shall also elect one ofthe elected members to be the Deputy Chauperson in the inanner as may be prescribed inthis behalf. Amendment of section 15 6. In section 15 of the principal Act. In the existing clause (4), the words "excepting the ex officio members and nominated members", and in clause (6), the words "ex officio members and", shall be deleted. Amendment of section 21 7. For the existing section 21 of the principal Act, the following shall be substitute4 namely: "21. Composition of Town Council Eve~yT ownCouncil shall have the following members: (1) Members directly elected from temtorialconstituenciesk nown as wards; . . (2) Persons having special knowledge or experience in Municipal admmstmtion in terms of article 243-R(2) (a) (i) ofthe Constitution, nominated by the Government, whose number shall not exceed one-third of the total number of directly elected members; (3) Members of GNagaland 1egislativeAssemblyr epresented in the Municipal Council in accordance with article 243-R(2) (a) (ii) of the Constitution; an4 (4) Chairpersons of Committees constituted under clause (5) of article 243-S of the Constitution. Insertion of a new section 21A 8. After the section 21 in the principal Act, the following shall be inserted, m l y : "2lkV oting rights of members Notwithstanding anything contained in this Act, all members, except the members who have been nominated under article 243-R (2) (a) (i) of the Constitution, shall have the right to vote in the meetings of the Town Council." Amendment to the title for Chapter IV 9. In the caption for Chapter rV of Part-I1 of the principal Act, for the words "Election, Resignation, Removal and Casual Vacancy", the words "Election, Reservation, Resignation, Removal and Casual Vacancy" shall be substituted. Insertion of new sections 23A and 23B 10. &the existingsection23 intheprincipalAct,t he following shall be ins@ namely: "23k Reservation of seats in Municipalities (1) Seats in every Municipality shall be reserved for the Scheduled Castes, - the Scheduled Tribes and women. includiie.w omen from the Scheduled Castes and the Scheduled Tribes, in accordance with the provisions contained in clauses (1) to (3) of article 243-T of the Constitution. (2) Within 90 days from the commencement of this Amendment Act, the Government shall notify in the official gazette the number of seats in every ~unici~alitythoautg ht to have been reserved for the categories of included in clause (1) in the first elections to the Municipalities held in the State in~ecember2;0 04. (3) With 180 days from the commencement of this Amendment Act, the Government shall notify in the official gazette the allotment of seats to be reserved for the categories of persons included in clause (I) by rotation to different wards in a Municipality. (4) All members not belonging to the Scheduled Castes and the Scheduled Tribes who were directly elected from those wards in the Municipalities which have become reserved for the Scheduled Castes and the Scheduled tribes, and all male members who were directly elected from those wards in the Municipalitiesw hich have become reserved for women, including women belonging to the Scheduled Castes and the Schedules Tribes, under clauses (1) to (3) of article 243-T of the Constitution, shall be deemed to have vacated their seatsupon notification of the reservation of seats under clause (3). (5) Upon vacation of seats under clause (4), the Government shall constitute, under article 243-S of the Constitution by notification, as many number of singlemember Committee as are equal to the number of such members who have vacated their seats, and designate them as Chairman of such Committee with specific functions. The Chairman so designated shall thereupon be deemed to have become members of the respective Municipality under article 243-R (2) (a) (iv) ofthe Constitution. (6) The provisions contained in clause (4) and (5) shall cease to have effect with the dissolutionoftheM unicipalities constitutedo ut ofthe first elections to the Municipalitiesh eld in December, 2014. 23B. Reservation of offices of Chairpersons in Municipalities for SCs, STs and women The offices of the Chairpersons shall be reserved for the Scheduled Castes, the Scheduled Tribes and women, as nearly as may be, inproportion to the number of seats reserved forthem in the Municipalities and the allotment of such offices shall be made by rotation." Amendment of Section 57H 11. In the existing section 57H in the principal Act, the words "majority of vote ofthemembers present and voting" shall be substituted by "majority of vote of the members, excluding nominated members, present andvoting." Review of the Act 12. After the existing section 484 in the principal Act, the following shall be inserted, namely: "Within a year of commencement of this Amendment Act, the Government shall review theAct so as to bring its provisions in complete harmony with Part IX-A of the Constitution."