- (i) This Act may be called the Nagaland Municipal Act, 2001.(ii)It extends to the whole of Nagaland(iii)It shall come into force on such date as the Government may, by a notification, appoint.Chapter - II 2. Definitions.- In this Act unless the context otherwise requires: -(1)"Annual Value" means the value of any land or building fixed in accordance with the provisions of this Act and the regulations made thereunder for the purpose of assessment to property taxes;(2)"Audit Authority" means the authority prescribed under section 109;(3)"Balance sheet" means the balance sheet of the Municipality prepared under section 107;(4)"Budget estimate" means the budget estimate of the Municipality prepared under section 101;(5)"Budget grant" means the total sum entered on the expenditure side of budget estimate under a major head and adopted by the accordance with the provisions of this Act and the rules and regulations made thereunder;(6)"Building" means any shop, house, hut, outhouse, stable, a factory, an industrial shed and a temporary structure erected by means of tents and any other structure including structure raised for entertainment purposes whether roofed or not and whether used for the purposes of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well;(7)"Chairperson" means a Chairperson elected as Chairperson of a Municipal Council or Town Council;(8)"Chief Officer of Municipality" or "Chief Officer" means - the Executive Officer of Municipal Council or Town Council and Includes such officer as may be especially authorised in this behalf to carryout the functions of the Chief Officer under the Act.(9)"Dangerous disease" means -(i)Cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis, diphtheria, dengue fever, acquired immuno, deficiency syndrome (AIDS), hepatitis B and C, cerebral malaria and viral pneumonia, and(ii)Any other epidemic, endemic or infectious disease which the Government may, in relation to any municipal area or group of municipal areas, by notification, declare to be a dangerous disease for the purpose of this Act;(10)"Debenture" means the debenture referred to in Section 93;(11)"Deputy Chairperson" means a Deputy Chairperson elected as Deputy Chairperson of a Municipal Council or a Town Council;(11A)District Planning Board means the District Planning Board constituted by the State Government vide Notification No.PLN-127/71(Pt) dated 5.5.93 and as amended from time to time.(12)"Executive Officer" means the Executive Officer of a Municipal Council or a Town Council;(13)"Finance Commission" means the Finance commission constituted under section 122;(14)"Financial statement" means the financial statement of the Municipality prepared under section 106;(15)"Government" means the Government of the State of Nagaland;(16)"Hazardous process" means the hazardous process defined in Clause (cb) of section 2 of the Factories Act, 1948 (Act 63 of 1948);(17)"Land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;(18)"Market value" means in the case of a land the present value of the land and in the case of a building, the estimated cost of erecting the building as assessed under this Act, and the rules or regulations made thereunder;(19)"Member" in relation to a Municipal Council or a Town Council means a member thereof and includes elected, ex-officio and nominated members;(20)"Misconduct" means violation of the Code of conduct prescribed by rules;(21)"Multi-storied building" means a building consisting of four stories and above or a building exceeding an height of twelve metres irrespective of the number of its stories;(22)"Municipal Area" means the territorial area of a Municipal Council or a Town Council as the case may be;(23)"Municipal assessment Book" means the Municipal Assessment Book maintained under section 139;(24)"Municipal Council" means the Municipal Council constituted under section 8;(25)"Municipal Fund" means the Municipal Fund constituted under section 84;(26)"Municipal Property Tax Committee" means the Municipal Property Tax Committee constituted under section 134;(27)"Nationalised Bank" means a bank specified in column 2 of the First Schedule to the Banking companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act 5 of 1970);(28)"Non-residential building" means any building referred to in clauses (b) to (i) of sub-section (2) of section 340;(29)"Notification" means a notification published in the Official Gazette of the Government;(30)"Nuisance" includes any act, omission or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, hearing or which is or may be dangerous to the life or injurious to health or property;(31)"Occupier" includes any person for the time being paying or liable to pay to the owner the rent or fee or contractual payment of adjustment of rent or fee or any portion thereof or damages on account of the occupation of any land or building, and also includes a rent-free tenant;(32)"Official Gazette" means the Official Gazette of the State of Nagaland;(33)"Owner" includes the person for the time being receiving the rent of any land or building or any part thereof, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent if the land or building or any part thereof were let to a tenant;(34)"Population" means the population as ascertained at the last proceeding census of which the relevant figures have been published;(35)"Premises" means any land or building or part of a building and includes -(a)The garden, ground and out-houses, if any, appertaining to a building, or part of building; and(b)Any fitting affixed to a building or part of a building for the more beneficial enjoyment thereof;(36)"Prescribed" means prescribed by rules made under this Act;(37)"Public street" means any street which vests in the Municipality as a public street or the soil below the surface of which vests in the Municipality or which under the provisions of this Act becomes, or is declared to be a public street;(38)"Regulation" means a regulation made by the Municipal Council or the Town Council, as the case may be, under this Act;(39)"Residential building" means a residential building referred to in clause (a) of sub-section (2) of section 340;(40)"Rule" means a rule made by the Government under this Act;(41)"Section" means a section of this Act;(42)"State Election Commission" means the Election Commission established under Section 30;(43)"Street" shall mean any road, footway, square, court, alley, gully or passage, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings about thereon, and if it is used by any persons as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such building or not, but shall not include any part of such space which the occupier of any such buildings has right at all hours to prevent all other persons from using as aforesaid, and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any payment, verandah or other erection, up to the boundary of any abutting property not accessible to the public;(44)"Town Council" means a Town Council constituted under section 20;(45)"Trade effluent" includes any liquid, gaseous or solid substance, which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system other than domestic sewage;(46)"Valuation register" means the valuation register maintained under Section 130;(47)"Ward" means a territorial constituency provided under section 23;(48)"Year" means a year commencing on the first day of April of a calendar year and ending on the 31st Day of March, of the succeeding calendar year.Part - IIChapter - I Constitution of Municipalities
