Nagaland Municipal Bill introduced in NLA, 33% reservation intact, no property taxes

September 13, 2023 27 Views No Comment

Morung Express News
Kohima | September 13

The much awaited new Nagaland Municipal Bill was introduced in the Nagaland Legislative Assembly (NLA) today, with the only significant changes from the repealed Nagaland Municipal Act 2001 being the omission of the clause on property taxes.

The new Bill still retained the provision for 33 percent reservation for women for Urban Local Bodies in Nagaland. Chapter 2, Article 8, Clause (a) of the new Bill states that “not less than one-third of the total number of seats to be filled by direct election in every Municipal Council shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.”

The absence of property taxes was the most significant change in the new Bill. Under Chapter 1, Article 122, the Bill states that “with the previous sanction of the Government, a municipality may, in order to raise revenue for its duties and performing its functions under this Act, levy within its limits of Municipality the following taxes, fees and tolls or any of them.

Advisor Hekani Jakhalu Kense taking part in the discussion of the Urban Local Body (ULB) elections at the Nagaland Legislative Assembly on September 12. (DIPR Photo)

These taxes, fees and tolls include “tolls and fees, sanitation fee, advertisement tax other than advertisement published in newspapers, entertainment/show tax, fire tax, tax on vehicles and animals, Utility Services Charges and Licenses fee.”

It was further stated that a Municipality may, for raising revenue for discharging its duties and performing its functions under this Act, levy any other tax which the State Legislature has power to levy under the Constitution of India.

The Bill was introduced by Nagaland Chief Minister, who referred the same to the Select Committee for consideration.

Narrating the chronology of the controversial ULB elections with 33% women reservation in the state, Rio said that for towns and urban areas, there was no exemption given to the State in the 74th Constitutional Amendment Act, 1992 which incorporated provisions relating to Urban Local Bodies (ULBs) in the Constitution with a view to strengthen these bodies as vibrant democratic units of local self-government.

“Every State Government, including Nagaland Government thus came under the constitutional obligation to adopt the new system of municipalities in accordance with the provision of the Constitution (74th Amendment) Act, 1992,” stated Rio.

However, he reminded that several attempts by the government over the years to conduct elections to ULBs to fulfil the obligations thrust upon it by the 74th Amendment Act of the Constitution, as well as to adhere to the directions of the Court, were unsuccessful.

“The tribal bodies and the people always viewed the attempts for holding elections with suspicion and there was stiff and vehement opposition,” he stated.

The CM said that given the long history of opposition to the conduct of ULB elections, and also serious questions being always raised about the provisions of the Nagaland Municipal Act, 2001 being in contravention of Article 371 A, the 14th Nagaland State Assembly in its first session repealed the Nagaland Municipal Act, 2002 in toto in the interest of the people, and the State.

While repealing the Act, Rio said a decision was also taken to make a new Act expeditiously in consultation with the tribal bodies and all others concerned, “for the governance of our towns and cities and urban areas, which is fully in consonance with our accepted customary practices and traditions, and Article 371A.”

Rio informed the house that the state has been given one last opportunity by the Court to abide by its directions, wherein the case has been next listed for September 26, 2023.

“Our action of repealing the Act has been subsequently examined by the Supreme Court, and in its last order, the Supreme Court while advocating 1/3rd representation for women has further also stated that the personal laws of Nagaland and the special status under Article 371 (A) is not being touched in any manner. We have been given by the Court one last of the last opportunities to abide by its directions,” stated Rio.

Subsequently, to enact a new law expeditiously for municipal governance, the Cabinet on August 11 decided to constitute a committee/panel for drafting a New Municipal Act, and the committee submitted the draft Municipal Act to the government for necessary action on August 25.

Referring to the consultative meeting called by the State Government on September 1, Rio expressed delight on the keenness of the tribal bodies and organisations to take this matter forward. He said that the meeting conveyed “broad agreement to the provisions, in particular, for providing 1/3rd reservation of seats of women in ULBs; in the proposed legislation for municipal governance in the State.”