Nagaland act 006 of 1972 : Nagaland Village, Area and Regional Council (Amendment) Act, 1972

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Nagaland Village, Area and Regional Council (Amendment) Act, 1972.

(2) It extends to the districts of Kohima and Mokokchung in Nagaland.

(3) It shall come into force on such date as the State Government may by notification in the Gazette appoint.

Section 2. Amendment or Section 3

2. Amendment or Section 3.- Section 3 of the Nagaland Village, Area and Regional Council Act, 1970 (Act 2 of 1971) shall be substituted as follows namely:-

"3. Constitution:- Every recognised Village shall have a Village Council.

Explanation:- Village means and includes an area recognised as a Village as such by the Government of Nagaland. An area in order to be a village under this Act shall fulfil the following conditions namely:-

(a) The land in the area belong to the population of that area or given to them by the Government of Nagaland if the land in question is a Government land or is given to them by the lawful owner of the land; and

(b) The village is established according to the usage and customary practice of the population of the area."

Section 3. Amendment of Section 25

3. Amendment of Section 25.- For the proviso to Section 25 of the Nagaland Village, Area and Regional Council Act, 1970 (Act 2 of 1971) the following shall be substituted namely:-

(i) Provided that a village with a population less than 500 but having at least 250 shall be represented by one member;

(ii) Provided further that a group of contiguous small villages may together elect a member to the Area Council having the same territorial jurisdiction on such villages on the basis of 250 population;

(iii) Administrative Headquarters with a population of 500 but below 2000 will elect members to the Area Council on the basis of one member for 500 or part thereof but not less than 250, The election shall be carried out by an ad-hoc Committee of the towns people themselves, to be constituted for the purpose by the local Administrative Officers.

(iv) The Administrative Headquarters with a population of less than 500 shall merge with the neighbouring village for the purpose of election of members to the Area Council."

Section 4. Insertion of new Section 47A

4. Insertion of new Section 47A.- After section 47 of the Nagaland Village, Area and Regional Council Act, 1970 (Act 2 of 1971) the following section shall be inserted namely:-

"47A. Mode of election:- Members of Area Council will elect the members for the Regional Council"

Section 5. Insertion of new Section 48A

5. Insertion of new Section 48A.- After section 48 of the Nagaland Village, Area and Regional Council Act, 1970 (Act 3 of 1971) the following section shall be inserted namely:-

"48A. Plural membership Councils:- A member of Village Council may become a member of Area Council or Regional Council but the same member cannot be a member of both Area Council and Regional Council. A member of Area Council, in the event or his election to be a member of Regional Council, shall resign his membership of the Area Council and a new member shall be elected in his place."

Section 6. Amendment of the schedule

6. Amendment of the schedule.- In the schedule appended to the Nagaland Village, Area and Regional Council Act, 1971, (Act 2 of 1971) after item No. 15 in the list of Area Councils specified under Kohima District the following items shall be inserted namely:-

"16. Pughoboto Area Council" and item No. 16 specified under Mokokchung District shall be deleted.