(1) There shall be one District Customary Court for cad, District. .Each District Customary Court shall consists of one Presiding Officer, anti 2 other members to he selected for any particular case by the said Presiding Officer from a panel of names of members appointed by the State Government and included in the list prepared, maintained and duly notified for each District Customary Court.
(2) No person shall be qualified for appointment as Presiding Officer of the District Customary Court unless he has sufficient knowledge of tribal customs and usages prevalent n the district and has experience in the trial of suits and cases in accordance with laws and rules in force in the State
Provided that a sitting member of any Area Council under Nagaland Act No, of 1979 shall not be entitled to hold Office of the Presiding Officer of District Customary Court.
(3) The District Customary Court will ordinarily’ sit in the district headquarter. The court may also sit at any other place or places within the district whenever it is considered necessary in the interest of justice. In such a case, a tour programme of the court shall be submitted one week in advance to the Deputy Commissioner of the concerned district.
(I) VILLAGE COURTS (Powers of Courts)
45. A village courts shall try suits and cases of the following nature :—
(a) Cases of Civil and Miscellaneous nature falling within the purview of the village or tribal laws and customs
Provided that if any immovable property is in dispute, the property must be situated within the jurisdiction of the village court and in all other cases all the parties must reside or hold land within such jurisdiction.
(b) Criminal cases falling within the purview of tribal laws, customs and offences of theft, pilfering, mischief, trespass, assault, hurt, affray of whatever kind, drunkenes or disorderly brawling, public nuisance and cases of wrongful restraint and such offences occur within the jurisdiction of the Village Court.