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Nagaland Village Councils Act, 1978

(Nagaland Act No. 1 of 1979)

Last Updated 11th January, 2020 [ner769]

LEGISLATIVE HISTORY 6

(Received the assent of the Governor on the 9th March, 1979 and published in the Nagaland Gazette extraordinary dated the J3th March, 1979)

An Act to consolidate and amend the law relating to constitution of Village and Area Councils in Nagaland and to regulate their duties and functions and for matters connected therewith.

It is hereby enacted in the twenty-ninth year of the Republic of India as follows :

1. Short Title, extent and commencement. - (1) This Act may be called the [Nagaland Village Councils Act, 1978].

(2) It extends to whole of Nagaland.

(3) It shall come into force on such date as the State Government may by notification in the Gazette, appoint, and different dates may be appointed for different provisions of this Act.

2. Definition. - (a) In this Act unless the context otherwise requires "appropriate authority" or "competent authority" means an authority having administrative jurisdiction with whatever designation called and notified by Government from time to time.

(b) "Assembly" means the Nagaland Legislative Assembly.

(d) "prescribed" means prescribed by rules and made under this Act,

(e) "State Government" means the Government of Nagaland.

[(f) "tribal councils" means the various tribal councils/hohos/unions/organizations existing in Nagaland, and being constituted by the various tribes in accordance with their respective traditions, customary practices and usages.]

Chapter I

Village Council

3. Constitutions. - 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 land 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.

4. A Village Council shall consist of members, chosen by villagers in accordance with the prevailing customary practices and usages, the same being approved by the State Government, provided that hereditary village Chiefs GBs and Angs shall be ex- officio members of such Council and shall have voting right.

5. Qualification for members. - A person shall not be qualified to be chosen as a member of the Village Council unless he : -

(a) is a citizen of India, and

(b) has attained the age 25 years.

6. (a) Every Village Council, unless otherwise dissolved by the State Government, shall continue for five years from the date of appointment, provided that the said period may be extended by the State Government by a notification in the Gazette for a period not exceeding one year at a time.

(b) Ail members shall hold office during the life of the Village Council.

Provided that a member chosen to fill in a casual vacancy shall hold office for the remainder of the term of office of the member whom he replaced ;

Provided further that Village institutions width were traditionally established like the "Putu Mendcn" in Ao Area and recognised as Village Council shall continue to function as Village Council according to respective custom and usage.

7. Chairman. - (1) The Village Council will choose a member as Chairman of the Council.

(2) During the absence of the Chairman from any sitting of the Village Council a member of the Council nominated by the Chairman shall act as Chairman.

8. Secretary. - The Village Council may select and appoint a Secretary who may or may not be a member of the Council. If the Secretary is not a member of the Council, be shall have no voting rights.

9. Power to remove members. - (1) The State Government may remove any member of a Village Council from his office :

(a) Who is convicted of any offence involving moral turpitude by a court of law, or

(b) Who refuses to act, or become incapable of acting or

(d) Who has been declared by notification in the Gazette to be disqualified for employment in the Public Service, or

(e) Who without an excuse or sufficient ground in the opinion of the State Government absents himself from the majority of meeting in a year of Village Council, or

(f) Who has been guilty of misconduct, in discharge of his duties or of any disgraceful conduct, and two third of the total members of the Village Council at a meeting recommend his removal.

(2) No person who has been removed from his office under clause (a) or clause (d) or sub-section (1) shah be eligible for re- election except with the previous per¬mission of the State Government obtained by such person in the prescribed manner.

[(3) The State Government may remove any chairman of a village council from his office:

(a) if he ceases to be a member of the village council.

(b) if he resigns from chairmanship of the village council on his own volition by submitting a written resignation letter addressed to the Secretary of the village council, who shall forward it to the State Government through the Deputy Commissioner concerned.

(c) when a "no-confidence motion" is 'moved and passed by the majority of the village council members present and voting, in a special session for the purpose that may be summoned by the Deputy Commissioner, and to be presided by an administrative officer not below the rank of EAC, duly authorized in this behalf by the Deputy Commissioner of the district concerned.]

10. Conduct of Business. - The procedure for the conduct of business in a Village Council shall be as may be regulated from time to time by the Chairman thereof. The written record of the gist of its proceedings shall be maintained.

11. The Village Council shall meet once in every 3 months, provided that the Chairman may summon the meeting of the Council at any time if requisition is made by one-third of the members.

12. Powers and Duties. - The Village Council shall have the following powers and duties :

(1) to formulate Village Development Schemes, to supervise proper maintenance of water supply, roads, [power] forest, sanitation, education aDd other welfare activities :

(2) to help various Government agencies in carrying out development works in the Village.

(3) to take development works on its own initiative or on request by the Government.

(4) to borrow money from the Government, Banks or financial institutions for application in the development and welfare work of the Village and to repay the same with or without interest as the case may be.

(5) to apply for and receive grant-in-aid, donations, subsidies from the Government or any agencies.

(6) to provide security for due repayment of loan received by any permanent resident of the Villages from the Government, Bank or financial institution.

(7) to lend money from its funds to deserving permanent residents of the Village and to obtain repayment thereof with or without interest,

(8) to forfeit the security of the individual borrower on his default in repayment of loan, advanced to him or on his commission of a breach of any of the terms of loan agreement entered into by him with the Council and to dispose of such security by public auction or by private sale;

(9) to enter into any loan agreement with the Government Bank and financial institutions or a permanent resident of the Village.

(10) to realise registration fees for each litigation within its jurisdiction.

(11) to raise fund for utility service within the Village by passing a resolution subject to the approval of the Slate Government.

Provided that all monetary transactions shall be conducted through a scheduled Bank or the Nagaland Slate Co-operative Bank,

(12)' to constitute Village Development Board;

(13) power to do certain acts in the event of an epidemic.

13. On the outbreak of an epidemic or infectious disease Village Council shall initiate all preventive measures.

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15. Village Administration. - (1) The Village Council shall be auxiliary to the administration and shall have full powers lo deal with internal administration of the village.

(a) maintenance of law and order.

(b) in serious case offender may be arrested but such person should he handed over lo the nearest Ad¬ministrative Officer or Police Station without undue delay;

(d) to inform the presence of strangers, vagabonds or suspects to the nearest Administrative Officer or Police Station;

(e) to enforce orders passed by the competent authority on the village as a whole;

(f) to report outbreak of epidemics to the nearest Administrative Officer or Medical Officer;

(g) no transfer of immovable property shall be affected without the consent of the Village Council. Written record of this shall be maintained by the Village Council.

16. Disqualification. - A person shall be disqualified from being selected as and for being a member of Village Council : -

(1) If he is unsound mind and stands so declared by the competent court or such authority as may be recognised by the State Government ; or

(2) If he is not a citizen of India or has voluntarily acquired citizenship of foreign nation or is under acknowledgement or allegiance to a foreign nation; or

(3) if he has been convicted by a court in India for an offence and sentenced to imprisonment for not less than two years unless a period of five years or such less period as the State Government may allow in any particular case, has elapsed since his release; or

(4) if having held an office under any Council he has been found guilty of corruption, disloyalty or breach of such Council laws, unless a period of five years or such less period as the State Government may determine in any particular case has elapsed since his becoming so dis-qualified ; or

(5) if he is an undischarged insolvent; or

(6) if he is a salaried Government servant or employee of an Area Council ; or

(7) if he abstains himself from the majority of the meeting in a year and is unable to explain such absence to the satisfaction of the Council; or

(8) if he is a member of any other Village Council; or

(9) if he has been dismissed from the service of the Government or any other local authority for misconduct, unless a period of five years has elaspsed from the date of dismissal.

17. If any question arises as to whether a member of Village Council has been subject to disqualification, the question shall be referred to the decision of the State Government whose decision thereon shall be final.

18. A seat shall become vacant (1) when a member dies; or (2) when a member resigns his seal in writing under his own hand or (3) when a member is removed by the State Government on becoming disqualified.

19. Filling of Casual Vacancy. - When a seat becomes vacant, the Chairman shall call upon the Village concerned to choose a member.

20. When a dispute arises as to the selection of any member of a Village Council, the matter shall be referred to the State Government whose decision thereon shall be final.

21. Every Village Council shall be a body, corporate by the name of the Village for which it is constituted and shall have perpetual succession and a common seal, and shall by the said name use and be used through its Chairman, with power to acquire hold and dispose of property, both movable and immovable and to contract and do all other things necessary for the purposes of this Act.

22. Control of Village Council. - Subject to the General superintendence of the State Government/the Deputy Commissioner/the Additional Deputy Com¬missioner or Sub-divisonal Officer (Civil) in-charge of the Sub-Division, Extra Assistant Commissioner or Circle Officer shall have control over all the Village Councils within his jurisdiction.

Chapter II

Area Council

[23. There may be a "Tribal Council" for every recognized Naga tribe, and also one or more apex tribal council(s) comprising of the federation or union of two or more tribal councils.]

[24. The composition, tenure and .method of constitution of the tribal councils and apex tribal councils, their powers, duties and functions etc. shalt be as per the traditions, customary practices and usages of the tribes concerned.]

[25. It shall be the duty of every tribal councilor apex tribal council to submit the names and addresses of its office bearers to the Deputy Commissioner of the district concerned 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 acknowledgement shall he deemed to be the conveyance of Government's recognition to the tribal councilor apex tribal council.]

[26. In addition to their normal duties and functions, as may be prescribed in their respective constitutions, and/or in accordance with their traditions, customary practices and usages, every tribal council, including the apex tribal council(s), shall assist the State Government and its 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 cases involving breaches of customary laws and usages, and in any other matter of public importance, where its assistance is sought.]

[27. It shall be legitimate for the State Government to extend financial assistance or any other assistance, as may be deemed fit, to any tribal council.]

[28.] Repeal. - The Nagaland Village, Area and Regional Councils Act, 1970 (The Nagaland Act no 2 of 1971) shall stand repealed ;

Provided that such repeal shall not affect :

(a) the previous operation of the said Act. or anything duly done or suffered thereunder ; or

(b) and right, privilege, obligation or liability acquired; ac-crued or incurred under the said Act ; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privelege, obligation, liability, penalty, forfeiture or punishment as aforesaid ;

Provided further that anything done or any action taken including any appointment or delegation made, instruction ?r direction made, certificate ?r registration granted under the Act hereby repealed shall be deemed to have been done or taken under 410 corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything clone or any action taken under this act.

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[29.] Savings. - All powers, rights and duties given by this act shall be in addition lo and not in derrogation of any other powers, rights and duties conferred by any Act, law or custom and all such other powers, rights and duties may be exercised and put in force in the same manner by the same authority as if this act has not been passed.

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[30.] Power to Remove Difficulties. - (1) If any difficulty or doubt arises in giving effect to the provisions of this Act, the State Government may, by order, published in Gazette, make such provisions, not inconsistent with the purpose of this Act as appears to it to be necessary or expedient for the removal of the difficulty or doubt; and the order of the State Government in such cases shall be final.

(2) Every order made under this section shall be laid as soon as may be after it is made, before the Assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or in the session immediately following, the Assembly agree in making any modification in the order shall thereafter have effect only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under this order.

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[31.] Dissolution. - (1) If the State Government on receipt of a report from the Deputy Commissioner of the District or otherwise is satisfied that a situation has arisen in which Village or Area Council cannot function in accordance with the provisions of this Act, the State Government may, by order, published in the Gazette, direct that the Council shall be dissolved from such date and for such period as may be specified in the notification.

(2) when the Village or Area Council is dissolved under provisions of sub-section (1) : -

(a) all members notwithstanding that their term of office has not expired, shall from the date of dissolution vacate their office as such members.

(b) all powers and duties of the Village or Area Council shall during the period of dissolution be exercised by such person or persons as the State Government may appoint in this behalf.

(c) all funds and other property vested in the Village or area Council shall during the period of dissolution vest in the State Government; and

(d) as soon as the period of dissolution expires, the Village or Area Council shall be reconstituted in accordance with the provisions of this Act.

(3) Every order made under this section shall be laid as soon as may be after it is made, before the assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following the assembly agree in making any modification in the order shall thereafter have effect only in such modified form or be of no effect as the case may be, without prejudice to the validity of anything previously done under this order.

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Chapter III

Miscellaneous

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