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State of Nagaland - Section

Section 76 in Nagaland Municipal Act, 2001

76. Power to annual or suspend any proceedings, resolution or order of Municipality or of municipal authority.

(1)The Government may, by order in writing, stating the reasons therefore, annual any proceedings, or resolution or order of, -
(a)The Municipality; or
(b)Any other municipal authority; or
(c)Any officer of the municipality,
if the Government considers that such proceedings or resolution or order, as the case maybe, -
(i)Is excess of the power conferred by this Act or the rules made thereunder, or against any direction of the Government; or
(ii)Is likely to cause waste or damage of any property of the Municipality or loss of Municipal fund; or
(iii)Is likely to lead to a breach of peace or encourage lawlessness, by causing injury or annoyance to any class of persons.
(2)No such proceedings, resolution of order shall be annulled after the expiry of a period of forty five days, -
(a)In the case of a proceedings or resolution or order of the Municipality or a Committee, from the date of receipt thereof from the Municipality or a Committee thereof, as the case may be;
(b)In the case of a proceedings or resolution or order of any other municipal authority or any officer of the Municipality, within fifteen days from the date of receipt of a report under section 74 or from the date, the Government comes to know of such proceedings or resolution or order in any other manner, whichever is earlier.
(3)Notwithstanding anything contained in sub-section (1) or sub-section (2) no such order of annulment shall be passed by the Government unless a period of ten days has been given to the Municipality or the Municipal authority or the officer of the Municipality to show cause and the causes shown are considered by the Government.
(4)The Government may also, by order in writing suspend the execution of any proceedings, resolution or order of the Municipality or the Standing Committee or other Municipal authority or any officer or the Municipality, -
(a)In the case of the Municipality or a Committee, within fifteen days from the date of receipt thereof by the Government;
(b)In the case of any other Municipal authority or any officer of the Municipality, within fifteen days from the date of receipt of a report under section 74 or from the date, the Government comes to know of such proceedings or resolution or order in any other manner, whichever is earlier:
Provided that the order of suspension shall cease to operate on the expiry of a period of thirty days from the date referred to in clause (a) or clause (b) of sub-section (2).