(i) This Act may be called the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act. 1971
(ii) It extends to the whole of the State of Nagaland (iii) It shall come into force in the districts of Kohima and Mokokchung on the date on which the assent of the President is first published in the Nagaland Gazette and shall come into force in the Tuensang district on such date as the Governor may, on the recommendation of the regional Council, by public notification, direct. Definitions. 2. In this Act, unless the context otherwise requires: (a)“appropriate Officer” means: In relation to a public land belonging to, taken on lease by, or requisitioned by or on behalf of, the State Government, such person as is authorised by the Governor of Nagaland to execute on his behalf any contract of assurance of property made in exercise of the executive power of the State of Nagaland..In relation to a public land belonging to, taken on lease by, or requisitioned onbehalf of, any local authority Government company or corporaticontrolled by the State Government, such Officer of the local authority or Government company or corporation, as the case may he as is empowered to, enter into a contract on behalf of such local authority Government company or corporation. (b) “Deputy Commissioner” includes an Additional Deputy Commissioner, a Sub-divisional Officer and any Officer not below the rank of a magistrate of the first class, specially appointed by the State Government perform all or any of the functions of the Deputy Commissioner under this Act; 1 of 1956 (c) “Government company” has the meaning assigned to it in section 617 of the Companies Act, 1956; (d) “Land” includes buildings and other things attached to the earth or permanently fastened to things attached to the earth; Reg. 6 of 1950 1 of 1971
(e) “local authority” means Town committee established under the Assam tribal Areas (Administration of Town Committees) Regulation, 1950, and includes any Area Council established under the Nagaland Village Area and Regional Councils Act, 1971; (f) “notification” means a notification published in the Nagaland Gazette;
(g) “Prescribed” means prescribed by rules made under this Act; (h) “Public land” means any land belonging to, or taken on lease by the State Government, a local authority a Government company or a corporation owned or controlled by the c 71 State Government and includes any land requisitioned by or on behalf of the State Govern-ment, but does not include- Act. 3 of 1968 (i) any land within a reserved forest constituted under the Nagaland Forest Act, 1968; and (ii) any road or highway within the meaning of any law for the time being in force on the subject; (iii) “unauthorized occupation” in relation to any public land, means the use or occupation by any person of the public land without, authority, in writing, of the appropriate Officer and includes- (i) continuance in occupation by any person of any public land after the authority (whether byway of lease or any other mode of transfer) under which occupation of the public land was allowed, has expired or has been determined for any reason whatsoever , or
(ii) the occupation of any public land on ostensible payment of land revenue or rent, where such payment was not authorized by the appropriate Officer Act. to override custom or usage.
3. The provisions of this Act shall have effect not withstanding any custom or usage which permits, or purports to. permit, the use or occupation of any public land by any person or groups of persons without the sanction of (he appropriate Officer.
Duration of certain leases in the absence of written contract or local law