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& of 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; ~, 

(2) Persons having special knowledge or experience inMunicipa1 administration 
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~y TownCouncil shall have the following members: 



(1) Members directly elected from temtorialconstituencies known 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 1egislativeAssembly represented 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 :  
" 2 l k  Voting 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, the following shall be ins@ 

namely: 
" 2 3 k  Reservation of seats in Municipalities 

(1) Seats in every Municipality shall be reserved for the Scheduled Castes, 
the Scheduled Tribes and women. includiie. women 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~alitythat ought to have been reserved for the categories of 
included in clause (1) in the first elections to the Municipalities held in the 
State in~ecember; 2004. 



(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 Municipalities which 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 dissolutionofthe Municipalities constituted out ofthe first elections 
to the Municipalities held 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."