The Nagaland Municipalities Community Participation Act, 2011

The Nagaland Municipalities Community Participation Act, 2011 (Act No. 8 of 211) Received the assent ofthe Governor on 6.6.2011 and published in the Nagaland Gazette Extraordinary dated 29& June 201 1 To institutionalize citizens' participantion in Municipal functions e.g, settings priorities, budgeting's provisions etc. By setting up ofArea Sabhaand Ward Committees and to provide for matters connected therewith or incidental thereto relating to the Municipalities in the State ofNagaland. Be it enated by the Legislature of the State ofNagaland in the 62th year of Republic of M i a as follows: Preliminary Short title extent and commencement 1 . (1) This Act may be called the Nagaland Community Participation Act, 2011. (2) It extends to the area by aNotification of Government having duly elected Municipahties. (3) It shall come into force on an appointed date to be notified by the State Government 2. In this Act, unless the context otherwise requires: (a) Sector- means an area as determined in the manner prescribed in Sub- Section@) of Section 2; @) Sector- means in relationto an area, the body of all persons registered in the electoral rolls pertaining to every polling booth in the Area in a Municiphty; (c) Budget Year-means the period for which the State Government lays down the "annual financial statement". Dewtion (d) Chaqerson- The Councilor of each ward shall be the Chairperson of that Ward Committee: (e) Member-The Sector Representative, elected or appointed in the manner as provided under this Act, shall be a 'Member' of the Ward Committee; (0 Municipalities- means an institution of Self- Government constiluted under section 8 and Section20 ofthe Nagaland Municipal Act, 2001; (g) Ward Mastructure Index- Ward Ini?asttucture Index means a composite index generated by w i n t o account the condition of all public i&astmcture elements in that Ward; ) Ward Committee-means the Committee constituted under Section 12 of this Act. PART - I1 SECTOR CONSTITUTION AND GOVERVAh'CE OF SECTORS 3 . The State Government shzll as an when deemed fit by order determine;- (a) The Sectors into which each Ward, and in the absence ef Ward, the Municipality may be devided; and Determination of area @) The territorial extent of each Area which necessarily include the entire geographical tenitory in which all persons mentioned in the electoral roll of any polling booth in such tenitory, or, ifthe Gvoemment so decides; d u n of 4 (four) contiguous Area ina Ward are ordinarily resident. Sector Representative 4. There shall be Sector Representative for each Sector. 5 . Any registered voter in anAreamay file his nomination for the office of Sector Representative, unless he is disqualified for being chosen as, and for being, an Sector Representative. Disqualifications for being a Sector Representative (a) By or under any law for the time being in force for the purposesof elections to the Legislature of the State, or for the purpose of elections to the Mwicipality: -372- Provided that no person shall be disqualified on the ground that he is less than25 (twenty-five) years of age, if he has attained the age of 18 (eighteen) years; or (b) If he is an elected representative under either the Representative of the People Act, 195 1 or this Act. 6. (1) Any person eligible for contesting the elections to the office of Sector Representative in that Areamay file, in accordance with the procedures that may be laid downunder the rules kamed in this behalf, his nomination for contestingthe election to such post simultaneously with the Notification of Election ofthe Municipality Election of Sector Resentative (2) Nomination papers forthe office of Sector Representative shall be available with State Election Commission. (3) The Election to the Sector Representative in various Area min any Municipality shall be conducted under the aegis of the State Election Commission 7. (1) In the event of the failure of the State Election Commission for any reasons whatsoever to conduct elections to the office of Sector Representative for the Areain any Municipality. The State Government shall, within a period of 8 (eight) weeks fiomthe last date on whichthe election 6, call for nominations forthe office of Sector Representative for evetykeah a ward inaccordance with Rules b e d in this behalf. (2) A"cal1 for nominations," as described in Sub- Section (1) ofthe Section 7, may be made by the insertion of an advertisement for the purpose in at least 4 (four) prominent newspapers in widecirculatio~ ofwhichat least 1 (one) shall be regional language be notified on aprominent Notice Board in every office or building intbe Ward. Procedure for nomination of Sector Repsentative (4) Nomination papers for the office of Sector Representative shall be available with the State Election Commission 8 (eight) weeks kom the last date on which the elctions, as described in Section 6, ought to have been held. (5) In the event of the failure of State Election Commission to call for nominations for the office of Sector for any or all of the Area within the Ward in the time prescribed, the State Government shall. in accordance with the ~ u l e s presc>bed in this behalf, nominate such persons as it may deem fit to those offices of Sector Representatives not filled bv the State 8. A Sector Representative shall o r d i i y hold office for a durationthat is co- terminus with that of theMunicipality concemed. Provided that no person continue to hold ofice as Sector Representive if, at any time duringhis tenure, he incurs any of the disqualifications prescribed by or under any law for the time being in force for the purpose of elections to the Legislature of the State concemed: Term of ofice Provided further that no person sbali be eligible to continue to hold office as Sector representative if at any time 6 (six) months after his election to suciipost, he is recalled by a written representation to the Ward Councillor o. <he Municipality, as the case may be, supported by not less than one-half of the total members ofthe Sector concemed. And provide further that no person shall be entitIed or continue to be entitled fo hold office as Sector Xepresentative of an Area in which he is not ordinarily resident. 9. ASectorrnay, havingregard to iits managerial, technical, h c i a l and organisatioml capacity, and the actual conditions obtaining in the Municipal Area, perform and discharge the following fmdions and duties, namely- Functions and duties of the Sector (a) to generate proposal and determine the priority of schemes and development programmes to be implemented m thejurisdiction of the Sector and forward the same to the Area Comrmttee, or in its absence, the Municipality, for inclusionin the developmental plans of the Ward Committee or Municipality as the case may be; (b) to identified the most eligible person fiom the jurisdichon of the Sector for beneficiary-oriented schemes on the basis of criteria fixed by the Government and prepare list of eligible beneficiaries in order of priority and forward the same for inclusion in the developmental plans of the Ward or Municipality; (c) To venfy the eligibility of persons getting various kinds ofwelfare assistance &om the Government such as pensions and subsidies; (d) To suggest he location of street lights, stret or community water taps,public wells, public sanitationunits, and such other public amenity schemeswithin the area of the Sector. (e) To identified the deficiencies in the water supply and lighting arrangements in the Section jurisdiction and suggest remedial measures; (0 To assist the activities of PublicHealth Centres in the area, especially in disease prevention and family welfare and create arrangements to report on the incidence of epidemics andnatural calamities; ) To provide and mobilize vonluntary labour and contributions in cash and kind for development programmes; (h) To undertake and support tax mapping, and to remindArea Sabha members of their obligations to pay Munivcipal taxes and user charges. 10. A sector may, subject to the procedures that may be prescribed in this regard, exercise the following rights and powers, namely- Rights and Power of the Sector (i) to get information from the officials concerned as to the services they will render and the works they purpose to do in the succeeding period of 3 (three) months after the meetings; (ii) to be informed by the Ward Committee about every decision concerning the jurisdiction of the Sector and the rationale of such decisions amde by the Ward Committee or the Government. i to be informed by the Ward Committee of the follow up action taken on the decisions concerning the jurisdiction of the Area Sabha; (iv) to impact awareness on matters of public interst such as cleanliness, preservation of the environment and prevention of pollution: (v) to promote harmany and unity among various groups of people in the a r e v of the Area Sabha and m g i n g cultural festivals and sports meets to give - - - expression to the talents of the people ofthe locality; &d (vi) to co-operate with the Ward Committee in the provision of the sanitation arrangements in the area CONSTITUTION AND GOVERNANCE OF WARD COMMITTEES Section Representative to be Membet of Ward Committee 11. The Sector Representation of anyArea shall be amember ofthe Ward Committee constituted for the Ward within which that Area is situated. 12. (1 ) There shall be a Ward Committee for each Ward in a Municipality to be constituted within 6 (six) month of the constitution ofthe Municipality. Ward Committee (2) Each Ward Committee will consist of- (a) The member of the Municipality representing the Ward, who shall be the Chairperson of the Ward Committee. (b) Not more than 4 (four) persons representing the civil society h m the Ward, nominated byte State Govenunent; Provided that if the population of the Ward is not more than 10,000 (ten thousand), the number of nominated members shall be 4 (four), and thereafter, there shall be 1 (one) additional member for every4,OOO (four thousand) populationmay be ignored; Provided fintherthat in reckoningthe number of additional members of the Ward Committee exceeding4 (four), any part of less than 2,000 (two thousand)population may be ignored. Provided fiuther that not less than two-thirds ofthemembers of such Committee shall be the Sector Representatives resident in that ward. (c) All Sector Representative ofthe concerned area. (3) Aperson shall be disqualified for being nominated as a member of the Ward Committee inder Clause (b) of Section 12(2) or to continue as suchmember, if under the provisions ofthis Act or any other law for the time being in force, he would be disqualified for being elected as a member of a Municipality. (4) The Executive Officer shall be entitled to take part in the meetings and - deliberations of the Ward Committeee. The Chairman of the Ward Committee may request the representatives ofthe concerned Departments are to be discussed. (5) Any official nominated by the Executive OEticer ofthe Municipality shall be the Secretxy of the Ward Committee. AU minutes ofthe proceedings of the meeting ofihe Ward Committee shall be recorded bythe secretary and copy of minutes of the proceedings of each meetings shall be forwarded by him to the Municipal Council. (6) The term of ofice of the Ward Committee shall be co-extensive with the term of oftice ofthe Municipahty. PART -IV RIGHT AND DUTIES OF WARD COMMITTEES 13. The Comrnitteee shall discharge the following hctions, namely:- (a) Provide assistance in solid waste management in the Ward; (b) Supervision of sanitation work in the Ward; (c) Provide assistance for the preparation and encouragement of the development scheme for the Ward; (d) Encourage harmony and unity among various groups of people in the Ward; (e) Mobilize voluntary labour and donation by way of goods or money for social welfare programmes; (0 Provide assistance in the implementation of development schemes relating to the Ward; (g) Provide assistance for identification of beneficiaries for the implementation of development and welfare schemes; ) Encourage art and culture activities and activities of sports and games; (i) Ensure people's participation in the voluntary activities necessary for successful implementation of the development activities of the Municipality; (1) Assist in the timely collection of taxes, fees and other sums due to the Municipahw, (k) Ensure maintenance of parks in the Ward; (l) Ensure maintenance of street tighhng in the Ward; (m) Perform such other hct ions as may be assigned to it by the Municipality. 14. (1) The Chairman and the members of the Ward Committee shall have the right to seek information h m the Executive Ofticer regarding Officer regarding any matter relating to the Ward. Rights of the Ward Committee (2) The Committee shall make Periodical Reports to the Municipality in respect of the matters specified. (3) Every Ward Committee shall have the right to:- (a) Obtain full information about Municipality Plas; (b) Obtain the full Municipal Budget, within such time as may be reasonable to verify, seek clarifications and suggest changes that need to be imcorporated; (c) obtain the requisite financial and adminisbative support fiom the Municipality in m a q j n g Bank accounts. (d) Be consulted in the development of land use and zoning regulationswithin its jurisdiction; (e) Obtain full details on all revenue items including taxes and budgetary allocations which should be presented in a simplified manner which is manageable by the Ward Committee; (f) Retain upto 50% of the Ward Revenues for local development until a predetermined minimum level of Ward Erastructure Index, which shall be notified by the State Goverment, has been created in the Ward; (g) Have a proportionate claim on Municipal Development expenditures based on the Ward Iniktructure Index ofthat Ward compared to the other Wards in the Municipality; 15. Every Ward Committee shall have the duty to; Duties of the Ward Committee (a) Produce the Ward Plans in amanner consistent with the Municipal Plans and complete this exercise within the time specified by the State Government. (b) Prepare the Ward Budget in accordance with the Ward Plans and complete this exercise within the specified by the MunicipaLTown Council; (c) Encourage local-level alternatives for implementation in all theareas that the Ward Committee has responsibility for, (d) Ensure optima1 collection of all revenue sources as specified in the Schedule. (e) Map the Ward Infrastructure Index for that Ward. PART- V ACTIVITIES OFTHE WARD COMMITTEE 16. This Section mentions the activities to be performed by the Ward Committees These activities are: Activites of the Ward Committee (I) Preparation of a Calender- At the fxst Meeting of the Ward Committee for each budget year, the Ward Committee shall decide the upon specific obligation agenda for each of the monthly meetings Ward Committee of the Ward Committee, remaining in that calendar year, in addition to the specific obligation agenda for the First Meeting of the following budget year. Nothing in Sub- Section (1) of the Section 16 shall prevent: (a) The convenor of a Ward Committee fiom adding additional agendameeting of the Ward Committee; (b) Any other of the Ward Committee may, at the meeting of the Ward Committee, move a decided upon for the meeting in question or any subsequent meeting. (2) Preparation and compilation of plans- The Ward Committee shall prepare the Annual Ward Plan and forward the same to the concerned Municipality A - for its integration withthe Annual Municipal Plan. (3) Preparation of Ward Budget- (a) A Ward- Level Budget calendar shall be prepared annually in accordance with Schedule I. The Ward Committee shall ensure that the Budget for their ward 6 (six) week before the ~inici~alitymay suggest changes that may be affected into the Ward- Level Budget after discussion with the Ward Committee. (b) The Municipality budget shall (i) aggregate all the Ward budgets which have been prepared in accordance with Sub- Section 3 (a) of this Section (i) have additional account heads for specific receipts and expenditures at the municipahty level. (4) Maintenace ofAccounts:- (a) Constitution of the Ward Finance Committee- ACommittee of 3 (three) persons shall be constituted in every Ward as Ward F i c e Committee. (ij The constitution of the Ward Finance Committee shall be through nomination held within 1 (one) month of the constitution of the Ward Committee. The Chauperson shall nominate the Ward Finance Committee. ) The Ward finance Committee shall also appoint f~om amongst themselves, one person as the Chairman, who shall be the authorised signatory for maintenance and use ofAccounts. @) Functions and Duties of the Ward Finance Committee:- @ The Ward Finance Committee shall prepare the Annual Budget for the Ward and place it before the meeting of the Ward Committee which w i U deliberate upon and approve the Budget. The Budget shall be presented by the Ward Finance Committee within 7 (seven) months fiom the closure of the previous financial year. (ii) The Ward Finance Committee shall also maintain Ward- Level Bank Accounts for all the Receipts and Expenditure activities of the Ward. ( i The Ward Finance Committee shall ensure that all out of h d s transferred shall be made out of this Account to appropriate Account Heads of the Municipality. (iv) The Ward F i c e Committee shall present A m 3 (three) months at the meeting of the Ward Committee. (v) The Ward Finance Committee shall prepare a Quaterly Report of the financial transactions of the Ward Committee which shall include details of its Receipts and Expenditures and also its projections ans suggestions for the next quarter. This Report shall be made available to every menber of the Ward Committee 1 (one) week prior to the designated meeting for discussion of the Report. (vi) The Report of the Ward Finance Committee shall be made available for public scrutiny. (c) Penalties- (i) Non- compliance ofthe provisions in 16 (4)(b)(i)-(vi) above would incur penalty for the concerned member in default. (u) The Chairperson of the Ward Committee shall take appropriate action including penalty to the Ward Committee member after giving adequate - notice in writing and reasonable opportunity to be heard to the nominee; Provided that ifthe Chairperson of the Ward Committee deems it necessary to impose a fine ot other suchpenalty, the decision shall come into force only upon it eing approved by amajority vote at the meeting of the Ward committee: Provided further that the power to impose penalty shall not extend to the dismissal of the concerned Ward Committee member. (d) Perusal of Bills:- (i) For every expenditure, the members of the Ward Committee shall requisition the required amount from the Chairperson and will present bills for the expenditure incurred. (ii) The Chairperson shall make available the sum so requisitioned in keeping with the budgetary allocation. (5) Supervisory M c M m (a) The Municipality shall take up the responsibility of providing adminknative and infrastructure support to the Ward Committee for its proper function. (b) The Ward shall create mechanisms for Checks and Balances over the Government personnel in their Ward. Ward Committees shall have the power to recommend to the competent authority for imposition of penalties in respect of a Government employee for misconduct and negligence of duties. (6) Ward Development: There shall be Ward Information and statistics Committee which shall be formed for various Development and planning works. The constitution and functions of the Committee are given below. (a) Constitution ofthe Ward Information and Statistics Committee: (1) Acommittee of 3 (three) persons shall be constituted in every Ward as the Ward Informationand Statistics Committee. i ) The Constitution of the Ward Information and Statistics Committee shall be throughnomination by the Chairperson held within (one) month ofthe constitution of the Ward Information. Provided that members of the Ward Finance Committee shall not be members of the Ward Information and Statistics Committee. (ii) The Ward in formation and Statist~cs Committee shall also appoint from amongst themselves 1 (one) personasthe Presidingmember who will preside over the meetings of the Ward Informat~on and Statistics Committee. (b) Duties ofthe Ward Information and Statistics Committee. (i) It shall be the duty of the Ward information and Stat~stics Committee to compile, maintain and update annually the following information about the Ward inthe format prescribedby the concerned Minicipality for this purpose. Suchinfonnation shall include: (A) Economic Information including the number and nature of commercial establishments in the Ward and employment data in these establishment. (B) Information relating to Land Use includes the changes in patterns of land use, data relating to public spaces and civic amenity sites, traiEc patterns ans public transportation hubs and preservation and restoration of environment, natural resources and heritage sites. (C) Ihstmcture ~ndexincludmg the extent o- development, current and pending projects, and the inhstructureal requirement of the Ward. (ii) The Report prepared in accordance with Sub-section (6) (b) (B) shall be used by the Ward Committee in determining and enforcing the Zoning provisions. It shall bemade available on a quarterly basis to the meetings of the Ward Committee, reflecting changes since the presentationofthe previous Report. (iii) The Report prepared in accordance qith (6) (b) (C) above shall be used by the Ward Committee in allocation of development expenditure by the Ward Finance Committee. It shall be made available on aquarterly basis to the meetings ofthe Ward Committee, reflecting changes since the presentation of the previous Report. (iv) Spatial planning :The Ward Committee shall: 1. Participant in all Development Plans ofthe city 2. Enforce Zoning and Land Use Regulations 3. Participate in the creation and enforcement of the new iainiments like Transferable Development Rights, etc. ) Penalties (i) Non- compliance of the provisions in 16 (6) (b) (i)- (iv) above would incur penalty for the concerned member in default. (ii) Tine Chauperson of the Ward Committee shall take appropriate action including penalty to the Ward Committee. Provlded that, ifthe Chsllrperson ofthe Ward Committee deems it necessary to impose a fine or other suchpenalty, the decision shall come into ihrce only upon it being approved by amajoriiy vote at the meeting ofthe Ward Committee. Provided further that the power to impose penalty shall not extend to the dismissal of the concerned Ward Committee member. (7) Comprehensive intervention for urban poor activities: The Ward Committee shall be responsible for: (i) Integrating al l existing activities undertaken by the Government; (n) Preparing andmaintening beneficiary list for all the programmes and schemes undertaken by the Government in co-ordination withthe relevant Government agencies; i Preparing aReport on the Hosing with the relevant and Public Distribution System in each Ward. (8) Ensure Universal access for selected public services: The Ward Committee shall be responsible in ensuring universal access in selected public services likes Education, Health Care, Water Supply and Sanitation. (9) Alternative options Without prejudice to the generality of the foregoing provision, (a) Ward Committee shall be responsible for decentralized management of the following fimctions: i Primary collection of Solid Water Management and decentralized management of Solid Waste; ii Desiltingof drains; iii Maintenance of street lights; iv. Maintenance of park v. Deweeding of paths; vi. Road works including construction, maintenance and restoration of and vii. General beautification of the locality. (b) The Ward Comminee shall he specifically empowered to examine \.arious altemati~e implementation options in the abuvc mentions arci~s; The proposal \\ t i111 respect to the altcrr~ctti\c implc~ncniation options by the local cutnmunitirs and shall be submitted to the U'ard (lommittce and shall be taken up for discussion at the next meeting ofthe Ward Committee. PART - VI FUNCTIONING OF WARD COMMITTEES AdditionalMeetings of Ward Committees 17 It shall be the duty of the Ward Committee's to Additional conduct Ward Chairpmon to conduct Ward Committee Meetings of meetings at least annually for consutation on the following Ward Committees subjects: I. Preparation of Ward Plan; II. Preparation of Ward Budget; 111. Preparation of Ward Maps, Ward Infrastructure Index and other alternate functions. Agenda 1 8 The Chauperson shall set the agenda for each Ward Committee meeting; Preparation of Ward Budgets 19. To facilitate the proper preparation of the Budget, a Ward Committee meeting shall compulsorily be held at least 3 (three) weeks before the preparation of the Ward Budget.Al1 Reports presented by the Ward Finance Committee for the past year shall be discussed. 20. Following procedure shall be followed while conducting meetings of Ward Committee; (i) Reasonable notice of the Ward Committee meetings should be given at least I (one) week in advance and placed in the Notice Boards of all Municipality officers in the Ward. ) All residents of the Ward shall be entitled to participate in the Ward Committee. The mediawill be encouraged to actively participate n the proceedings. ( i Minutes ofthe Ward Committeemeetings shall bemaintained. These minutes shall emade available to the general public for perusal. They shall be kept at the office ofthe Wad Committee. Procedure for Conducting Ward Committee Meetings (iv) These Minutes shall be presented at the meeting of the Ward Committee and this information shall be made Committee use of by appropriate Sub- Committees in their Meetings functions. (v) Grievances ofnot holding or improperly conducting Ward Committee shall be addressed to the Chairperson of the Ward Committee The Chairman shall take appropriate action including penalty to the Ward Committee member after giving adequate notice in writing and reasonable opportunity to be heard to the nominee. Provide that, if the Chairperson deems it necessary to impose a fine or other such penalty, the decision shall come into forceonly upn it being approved by a majority vote at the meeting of the Ward Committee; Provided further that the power to impose penalty shall not extend to the dismissal of the concered Ward Committee member. 2 1. (i) Subject to the provisions ofthis Act, the State Government may make Rules to provide for any matter which is to be or may be prescriberd by Rules made under this Act. (ji) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for all any of the followingmatters, namely;- a) Procedure for election ofthe chairperson of the Area Sabha; b) Convening and conducting the meetings of the Area Sabha and Ward Committee; c) Preparation and compilation of Development Plans for the Ward; d) Preparation ofAnnual Budget of the Ward; and e) Maintenance ofAccounts. Power to Remove Difficulties 22. (1) If any difEcultyordoubt arised ingiving effectto the provisions of this Bill, the State Government may be Order publish in the Nagaland gazette, make such provisions not inconsistent with the purposes if this Bill appears to it to be necessary or expedient for the removal of the difficulties and doubt, the Order of the state in such cases shall be final.