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STATE OF NAGALAND ACT, 1962
27 of 1962
4th September, 1962
STATEMENT OF OBJECTS AND REASONS "In July 1960 the Government of India, in pursuance of an agreement with the leaders of Naga People's Convention decided that the Naga Hills-Tuensang Area (Nagaland), which is at present a Part B Tribal Area within the State of Assam, should be formed in a separate State in the Union of India. 2. The Bill provides for the formation of the Naga Hills-Tuensang Area into a separate State and amends the Sixth Schedule to the Constitution so as to omit all references therein to the said area. The Bill also makes the necessary supplemental and incidental provisions relating to representation in Parliament and in the State Legislature, the apportionment of assets and liabilities between the Central Government and the State Government and other matters. The Bill further provides for the constitution of a common High Court for Assam and Nagaland and a common Bar Council. 3. The Bill also seeks to repeal from the date of formation of the State of Nagaland (Transitional Provisions) Regulation, 1961,which was promulgated by the President to bring into force the interim arrangements pending formation of the State of Nagaland. 4. As required by the proviso to Art. 3 of the Constitution, this Bill was referred by the President to the Legislature of the State of Assam and its views will also be placed before the Parliament."-Gaz, of Ind., 1962, Pt. II. S. 2. Extra, p. 681.
An Act to provide for the formation of the State of Nagaland and for matters connected therewith. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:-
PART 01 PRELIMINARY
SECTION 01: SHORT TITLE
- This Act may be called THE STATE OF NAGALAND ACT, 1962.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint2;
(b) "article" means an Article of the Constitution;
(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950-;
(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument or custom or usage having the force of law;
(e) "Naga Hills-Tuensang Area" means the Naga Hills-Tuensang Area specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, comprising the areas which at the cooencement of the Constitution were known as the Naga-Hills District and the Naga Tribal Area;
(f) "regional council" means the regional council referred to in Art. 371-A.
PART 02 FORMATION OF THE STATE OF NAGALAND
SECTION 03: FORMATION OF STATE OF NAGALAND
(1) As from the appointed day, there shall be formed a new State to be known as the State of Nagaland comprising the territories which immediately before that day were comprised in the Naga Hills-Tuensang Area and thereupon the said territories shall cease to form part of the State of Assam.
(2) Without prejudice to the power of the State Government to alter the appointed day3, the name, extent or boundaries of any district, the State of Nagaland shall consist of three districts to be called the Kohima district, Mokokchung district and Tuensang district, each comprising the areas respectively set out in the Schedule.
SECTION 04: AMENDMENT OF FIRST SCHEDULE TO THE CONSTITUTION
- As from the appointed day, in the First Schedule to the Constitution, under the heading "I, THE STATES'-
(a) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:- "and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962-";
(b) after entry 15, the following entry shall be inserted, namely:- "16. Nagaland......... The territories specified in sub-section (1) of section 4 of the State of Nagaland Act, 1962-"..
SECTION 05: AMENDMENT OF SIXTH SCHEDULE TO THE CONSTITUTION
- As from the appointed day, in the Sixth Schedule to the Constitution-
(a) in paragraph 20-
(i) sub-paragraph (2B) shall be omitted;
(ii) in sub-paragraph (3), the brackets and words "(other than the Naga Hills -Tuensang Area)" shall be omitted;
(b) in the Table appended to paragraph 20, in Part B, the item "2. The Naga Hills-Tuensang Area" shall be omitted.
PART 03 REPRESENTATION IN THE LEGISLATURES
The Council of States The House of the People The Legislative Assembly
SECTION 06: REPRESENTATION IN COUNCIL OF STATE
- As from the appointed day-
(a) there shall be allotted one seat to the State of Nagaland in the Council of States;
(b) in the Fourth Schedule to the Constitution, in the Table-
(i) entries 16 to 19 shall be renumbered as entries 17 to 20;
(ii) after entry 15, the following entry shall be inserted, namely- "16. Nagaland ............ .........1".
(iii) at the end, for the figures "224", the figures "225" shall be substituted.
SECTION 07: ELECTION TO FILL VACANCY
- As soon as may be after the appointed day4there shall be held an election to fill the seat allotted to the State of Nagaland in the Council of States.
SECTION 08: TERM OF OFFICE
- The term of office of the member for the first time elected to fill the seat allotted to the State of Nagaland in the Council of States shall expire on the 2nd day of April, 1968.
SECTION 09: REPRESENTATION IN HOUSE OF THE PEOPLE
-
(1) As from the appointed day-
(a) there shall be allotted one seat to the State of Nagaland in the House of the People;
(b) in the First Schedule to the Representation of the People Act, 1950-,-
(i) the entry "25. Naga Hills-Tuensang Area.........1" shall be omitted;
(ii) entries 16 to 24 shall be renumbered as entries 17 to 25;
(iii) after entry 15, the following entry shall be inserted, namely:- "16. Nagaland............1".
(2) The whole of the State of Nagaland shall form one parliamentary constituency to be called the parliamentary constituency of Nagaland for the purpose of filling the seat allotted to that State in the House of the People.
(3) For the period referred to in clause (2) ofarticle 371A-,section 13D of the Representation of the People Act, 1950-, shall apply in relation to the parliamentary constituency of Naga] and with the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of the said parliamentary constituency which comprises the Tuensang district and the provisions of Part III of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency.
SECTION 10: PROVISION AS TO SITTING MEMBER
- The sitting member of the House of the People representing, immediately before the appointed day, the Naga Hills Tueasang Area shall, as from that day, represent the State of Nagaland in that House and shall continue to do so until a person is elected in accordance with law to fill the seat allotted to the parliamentary constituency of Nagaland.
SECTION 11: STRENGTH OF LEGISLATIVE ASSEMBLY
(1) The total number of seats to be filled by persons chosen by direct election in the Legislative Assembly of Nagaland shall be 60:
Provided that for the period referred to in clause (2) of Article 371A, the total number of seats in the Legislative Assembly of Nagaland shall be5[52], of which-
(a)5[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by person chosen by direct election from assembly constituencies in the rest of the State of Nagaland.
(2) In theRepresentation of the People Act, 1950-,-
(a) in section 7-, the following proviso shall be inserted at the end, namely-
"Provided that for the period referred to in clause (2) of Article 371A, the total number of seats allotted to the Legislative Assembly of Nagaland shall be 46, of which-
(a) six seats shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council referred to in that article from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State of Nagaland.";
(b) in the Second Schedule, after entry 14, the following entry shall be inserted, namely:- "15. Nagaland......... 60 (for the period referred to in clause (2) of article 371A, 46).".
(3) In thesection 5 of the Representation of the People Act, 1951-, in clause (c), the following proviso shall be inserted at the end, namely:-
"Provided that for the period referred to in clause (2) of Article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.".
(4) The Election Commission shall delimit the assembly constituencies in accordance with the provisions of the Constitution on the basis of the latest census figures, and in doing so the Commission shall have regard to the following provisions, namely:-
(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication, public convenience and linguistic affinities of the people,
(b) all constituencies shall be single-member constituencies, and
(c) the population of each constituency shall not, as far as practicable, be more than six thousand.
(5) For the purpose of assisting the Election Commission in the performance of its functions under this section, the Commission shall associate with itself five persons of whom three shall be elected by the members of the Interim Body established under section 3 of the Nagaland (Transitional Provisions) Regulation, 1961, from among themselves and two shall be nominated by the Central Government:
Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.
(6) The Election Commission shall-
(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them in the Official Gazette of the State of Assam and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the pro proposals and specifying a date on or after which the proposals will be further -considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit;
(c) after considering all objections and suggestions which may have been received by it before the date so specified determine the matters mentioned in sub-section (4) by one or more final orders and cause such order or orders to be published in the Official Gazette of the State of Assam; and upon such publication the order or orders shall have the full force of law and shall not be called in question in any court;
(d) amend the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, so as to include therein the parliamentary constituency of Nagaland and the assembly constituencies delimited under this section.
SECTION 12: RULES OF PROCEDURE
- The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of Assam shall, until rules are made under clause (1) of article 208, have effect in relation to the Legislative Assembly of Nagaland, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
PART 04 HIGH COURT
SECTION 13: COMMON HIGH COURT FOR ASSAM AND NAGALAND
(1) As from the appointed day,-
(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be called the High Court of Assam and Nagaland6(hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) Expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated between the State of Assam and the State of Nagaland in such proportion as the President may by order determine.
SECTION 14: PROVISIONS AS TO ADVOCATES
(1) As from the appointed day,-
(a) in the section 3 of the Advocates Act, 1961-, in sub-section (1), for clause (b), the following clause shall be substituted, namely:- "(b) for the States of Assam and Nagaland and the Union Territory of Manipur, to be known as the Bar Council of Assam and Nagaland;";
(b) the Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland.
(2) Any person who immediately before the appointed day is in an advocate entitled to practise in the High Court of Assam shall be entitled to practise as an advocate in the common High Court.
(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and Nagaland.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam: Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the right of audience shall be determined with reference to their respective dates of enrolment as advocates.
SECTION 15: PRACTICE AND PROCEDURE IN COMMON HIGH COURT
- Subject to the provisions of this Part, the law in force immediately before the appointed day7with respect to practice and procedure in the High Court of Assam shall, with necessary modifications, apply in relation to the common High Court.
SECTION 16: CUSTODY OF SEAL OF COMMON HIGH COURT
- The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Assam shall, with necessary modifications, apply with respect to the custody of the Seal of the common High Court.
SECTION 18: POWERS OF JUDGES
- The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Assam and with respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply in relation to the common High Court.
SECTION 19: PRINCIPAL SEAT OF COMMON HIGH COURT
- The principal seat of the common High Court shall, unless otherwise determined by the Chief Justice after consultation with the Governors of Assam and Nagaland, be at the same place as the principal seat of the High Court of Assam immediately before the appointed day.
SECTION 20: PROCEDURE AS TO APPEALS TO SUPREME COURT
- The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Assam and the Judges and division courts thereof shall, with necessary modifications, apply in relation to the common High Court.
SECTION 21: PENDING SUITS, APPEALS AND PROCEEDINGS
- All suits, appeals and proceedings, civil, criminal or otherwise, pending in the High Court of Assam immediately before the appointed day shall, on that day, stand removed to the common High Court and the common High Court shall have jurisdiction to hear and determine the same, and the judgments, decrees, sentences and orders of the High Court of Assam delivered, passed or made before the appointed day shall have the same force and effect as if they had been delivered, passed or made by the common High Court.
PART 05 FINANCIAL PROVISIONS
SECTION 22: AUTHORISATION OF EXPENDITURE PENDING ITS SANCTION BY LEGISLATURE
The President may at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Nagaland as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the Legislature of the State of Nagaland :
Provided that the Governor of Nagaland may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Nagaland for any period not extending beyond the said period of six months.
SECTION 22A: ALLOWANCES AND PRIVILEGES OF GOVERNOR OF NAGALAND
The allowances and privileges of the Governor of Nagaland shall, until provisions in that behalf is made by Parliament by law under clause (3) of article 158, be such as the President may, by order, determine.]
SECTION 23: DISTRIBUTION OF REVENUES
The President shall by order determine the grants-in-aid of the revenues of the State of Nagaland and the share of that State in the Union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the Union Duties of Excise (Distribution) Act, 1962, the Additional Duties of Excise (Goods of Special Importance) Act, 1957-, the Estate Duty (Distribution) Act, 1962-, and the Constitution (Distribution of Revenues) Order, 1962, in such manner as he thinks fit.
SECTION 24: PROPERTY, ASSETS, RIGHTS, LIABILITIES AND OBLIGATIONS
(1) All property and assets situated in, or used for, or in connection with the administration of, the Naga Hills-Tuensang Area and vested in the Union immediately before the appointed day (other than any property or assets so vested for purposes of the Union) shall, as from that day, vest fa the State of Nagaland:
Provided that the cash balances in the treasuries in the Naga Hills -Tuensang Area immediately before the appointed day shall, as from that day, vest in the State of Nagaland.
(2) All rights, liabilities and obligations of the Central Government, whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the Central Government arising out of or in connection with the administration of the Naga Hills-Tuensang Area shall, as from that day, be the rights, liabilities and obligations of the Government of the State of Nagaland.
SECTION 25: ARREARS OF TAXES
- The right to recover arrears of any tax or duty (being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution) which have fallen due in the Naga Hills-Tuensang Area shall pass to the State of Nagaland.
PART 06 LEGAL AND MISCELLANEOUS PROVISIONS
SECTION 26: CONTINUANCE OF EXISTING LAWS AND THEIR ADAPTATION
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