CourtMesh

Section 481: Power of Government to cancel, or modify regulations

The Nagaland Municipal Act,2001State Act of Nagaland · Act 10 of 2001

1. If the Government is at any time, of opinion that any regulation made by the Municipality under this Act. should be cancelled or modified either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Municipality, and shall specify a reasonable period within which the Municipality may make such representation with regard their to, as it may think fit.

2. After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the 472 period aforesaid, the Government may, at any time by notification, cancel or modify such regulations either wholly or in part.

3. The cancellation or modification of any regulation under sub-section (2) shall take effect from such date, as the Government may specify in the notification under that sub-section or if no such date is specified, from the date of publication of such notification:

Provided that such cancellation or modification shall not affect anything done or suffered or omitted to be done under such regulation before such date.

4. Any notification under sub-section (2) shall be published in local newspapers.

482. Penalty for breach of regulations.

Any regulation made under this Act may provide that a contravention thereof shall be punishable:- a. with fine, which may extend to two thousand; or b. with fine, which may extend to two thousand and in the case of a continuing contravention, with an additional fine, which may extend to two hundred and fifty rupees for every day during which such contravention continues after conviction for the first of such contravention or.

C. with fine, which may extend to two hundred and fifty rupees for every day during which the contravention continues, after the receipt notice form the Chief Officer of the Municipality or any other officer of the Municipality, duly authorised in that behalf, by the person contravening the regulation, requiring such person to discontinue such contravention.

2. Any such regulation may also provide that a person contravening the same, shall be required to remedy, so far as lies in his power, the mischief, if any, caused by such contravention.

483. Removal of difficulties;

1. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it, to be necessary or expedient for removing the difficulty.

Provided that no such order shall be made after the expiry of a period of two years from the date of coming into force this Act.

473

2. Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the Legislative Assembly of the State

484. Repeal and saving:

With effect from the date of commencement of this Act, the Assam Tribal Areas (Administration of Town Committees) regulation, 1950 (regulation VT of 1950) shall stand repealed.

Provided that until Municipalities are constituted in any Municipal Council Area or Town Council Area in accordance with the provisions of this Act, the local authority created under the provisions of the said Assam Tribal Area (Administration of Town Committee) Regulation, 1950 shall continue to exercise powers or perform duties as if the provisions of the said Assam Tribal Areas (Administration of Town Committees) Regulation, 1950 and the Rules made thereunder are still in force.

2. Notwithstanding the provisions of sub-section (1) of this sectiona. Any Appointment, notification order, scheme, rule, form, notice or bye law made or issued and any licence or established permission granted by a Town Committee established under the Assam Tribal Areas (Administration of Town Committee) Regulation, 1950 and in force immediately before the establishment of the municipalities, shall in so far as it is not inconsistent with the provisions fo this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule notice or bye law made or issued or any licence or permission granted under the provisions of this Act.

b. All debts, obligation and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for a Town Committee established immediately before the establishment of a municipality shall be deemed to have been incurred, entered into or engaged to be done by, with or for such municipality.

C. All budget estimates, assessments, valuations, measurements or divisions made by a Town Committee shall in so far as they are not inconsistent with the provisions of this Act, continue in force and deemed to have been made under the provisions of this Act unless and until they area superseded by any budget estimate, assessment, valuation, measurement or division made by a municipality under this Act.

474 d. All properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in a Town Committee immediately before the establishment of a municipality under this Act shall, with all the rights of whatsoever description, used, enjoyed or possessed by a Town Committee, vest in the municipality.

e. All rates, taxes fees, rents and other sums of money due to a Town Committee immediately to be due to the municipality.

f. All rates, taxes, rents, fares and other charges shall, until and unless they are varied by a municipality, continue to be levied at the same rate at which they were being levied by a Town Committee immediately before the establishment of a municipality.

g. All suits proceedings and other legal proceedings instituted or which might have been instituted by or against a Town Committee may be continued or instituted by a municipality.

Where this provision sits

ActThe Nagaland Municipal Act,2001
Section481
Marginal notePower of Government to cancel, or modify regulations
JurisdictionState of Nagaland
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Nagaland Municipal Act,2001 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.