The Nagaland Village Councils (fourth Amendment) Act, 2009. (Act No. 2 of 2010.)
Received the assent of the Governor oMagaland on 09/12/2009 and published in theNagaland Gazette Extraordinary dated: 18'" of March, 20 10.
To amend theNagalandVillage Council Act, 1978 (Nagaland Act No. 01 of 1997) Whereas it is considered expedient to amend the Nagaland Village Councils Act, 1978,in orderto give legal status and recognition toNagaTribal Councils constituted underNaga customary practices and usages, and also make provisions for removal of chairmanoWdlage councils.
It is herby enacted in the sixtieth year of Republic of India, as follows:
Short Title & Commencement
1. (I) This Act may be called theNagalandVillage Council (FourthAmendment) Act, 2009 01) it shall extent to the whole ofNagaland.
I ) It shall come into force with effect from its notification in theNagaland Gazette.
Amendment of title of the act
2. The title of the 'Nagaland Village Council Act 1978" shall henceforth be change, and be called as "the Nagaland Village & Tribal CouncilAct,l978.
Instruction of sub-section (under section 2 of the principal act.
3. The following sub-section (@hall be inserted under Section 2 ofthe Principal Act viz Section 2(t)"tribal council" means the various tribal councilsl hohos/unions/ organizations existing inNagaland, and being constituted by the various tribes in accordance with their respective traditions, customary practices and usages.
Instruction of section 9(3) in the principal Act.
4. The following section, to be titled as Section 9(3), shall be inserted &r Section 9(2) of the principal act, viz.
Section9(3): the State Government may remove any chairmanofvillage councils h m h i s office.
(a) ifhe cases to be a member of the village council.
@) ifhe resigns hmchahmanship ofthe village council onhis ownvolitionby submitting a writtenregistration letter addresses to the Secretary of the village council who shall forward it to the State Government though the Deputy Commission concerned.
(c) when a'ho-coddence motion" is moved a passed by the majority of the V~llage council members present and voting, in a special session for the purpose that may be summoned by the Deputy Commissioner, and to presided by an administrative officer not below the rank of EAC, duly authorized in this behalf by the Deputy Commissioner of the District concerned.
Amendment of the heading under chapter I1
5. In the headmg under chapter II ofthe Principal act, the words "Area Council" shall be submitted by the words "Tribal CounciP' Deletion of section 23 to 50 of the principal Act.
6. Section23 to 50 of the principal act shall stand deleted.
Insertion of the New Section23J4,25,26 &: 27 in the Principal act
7. The following new section, viz section23,24,25,26 &27 shall be inserted in the principal act. as under:
Section23: There may be aWTribal Council" for every recognizedNagatribe, and also one or more apex tribal council(s) comprising ofthe federation or union - of two or more tribal councils.
Section24: The composition, tenure and method ofconsfitutionofthetribalcounc~ and apex tribal councils, their powers, duties and hct ions etc. shall be as per the traditions, customary practices and usages of the tribes concerned.
Section25: It shall be the duty of every tribal councilor apex tribal councils and apex tribal council to submit the name and addresses of its office bearers to the Deputy Commissioner ofthe district concern and to the Home Department, Government of Nagaland, including any changes that may take place at any time thereafter. On receipt of this information, it shall be acknowledged by the Home department in writing, and in the absence of any order to the contrary, such written acknow-ledgement shall be deemed to the conveyance of Government's recognition to the tribal councilor apex tribal council.
Section 26. In addition to their normal duties and functions, as may be prescribed in their respective constitutions, and1 or in accordance with their traditions ,customary practice and usages, every tribal council , includingthe apex tribal council(s), shall assist the State Government and in various agencies , in the matter of maintenance of law and order in the society, maintenance of peace and communal /tribal harmony ,the settlement of disputes, and case involving breaches of customary laws and usages ,and in any other matter of public importance ,where its assistance is sought.
Section 27. It shall be legitimate for the State govemment to extent hmcial assistance or any other assistance ,as may be deemed fit, to any tribal council.
Renumbering of section 51 to section 54 of the principal act
10. Section 51,52,53,&54 of the principal act shall be renumbered as section 28,29,30,&3 1 respectively of the amended act.
Deletion of the words "Area council" from section 30 of the amended act (section 54 of the old act.)
1 1. The word "area council" wherever they appear under section 30 of the amended act (or section 54 ofthe old act) shall stand deleted.