Chapter II JHUMLAND

(1) A customary right to Jhumland- shall be deemed to be established in favour of a village, or community when such village or community has enjoyed the right according to the existing local custom to cultivate or utilise such Jhumland for not less than thirty years. (2) As regards any land to which the customery rights have not been established according to sub-section (1) the Deputy Commissioner or the Additional Deputy Commissioner will reserve the right either to admit the customary right on the land or in consultation with the Area Council concerned suggest formation of reserve forests according to rules in this regard, framed under the Nagaland Forest Act: Provided the Deputy Commissioner or the Additional Deputy Commissioner shall not exercise. his discretion unless a public notice is issued in the Nagaland Gazette giving two months time to the village concerned. Note : A customery right to Jhumland shall he deemed to be established in favour of an individual cultivator: (a) if he has inherited the Jhumland in accordance with local custom;- or (b) if he has purchased the land at anydate before the commencement of this Act, and such purchase was not contrary to local custom; or (c) if being a resident of a permanent village established with the prior approval of the government, he has brought the land under cultivation and the land had not been cultivated at any time within thirty years preceeding his bringing the same into cultivation.

(1) No Jhumland to which a community has a customary right shall be transferred by sale or mortgage to any community or to any individual except on the authority of the Deputy Commissioner given on the recommendation of the Village and Area Council concerned. (2) No Jhumland to which an individual - belonging to a village or community has a customary right shall be transferred by sale or mortgage to any other village or community or to a member of another village or community except on the authority of the Deputy Commissioner given on the recommendation of the Village and Area Council concerned. Notwithstanding anything herein contained nothing shall restrict the right of an individual to transfer a Jhumland to another member of the same village or community of that village or a community as a whole.

(1) No Jhumland be leased by any one having a customary right thereto unless: (i)The Deputy Commissioner/Additional Deputy Commissioner has approved on the recommendation of the Village and Area Council concerned of such lease on the ground that such lease benefits the Village or the Community; or (ii) the lessor is by reasons of age or infirmity, unable to cultivate or utilise it and the lessee is a member of the same village or community as the less or. (2) A lease under clause (ii) above shall be determined on the death of the lessor on the termination of the infirmity;Provided the lessee shall be entitled to tend and reap any crop standing on the leased land on the date of termination of lease.

Jhumland which is transferred by sale or lease otherwise than in accordance with the provisions of this Act shall be deemed to have been forfeited and subject to any customary right of inheritance shall vest in the Village Council to which any member or members of the Village or community to which the transferer or lessor belongs.

Any member of the village or the community to which the person or persons having a customary right to any Jhumland belong, may establish terraced cultivation within such Jhumland.

(1) All customary rights in Jhumland as are now in existence

shall continue subject to the provisions of this Act. (2) Such rights shall not in any way debar the Government from levying such rents, taxes or any other dues as may be notified in the official Gazette.

The government may acquire any ihumland required for public purpose. Under the Provisions of this Act, an opportunity shall be given to those having rights in the land to show cause against, such acquisition and reasonable compensation shall be paid for all land acquired under this section.

The Deputy Commissioner may at any time eject any person who has squatted without authority on any Jhumland.

(1) The Government may acquire, on payment of compensation, under section 9 of this Act any or part of jhumland, as it thinks, fit should be declared as protected forests, where it is required for preservation of water supply, or it appears that undue erosion of dimunition of the supply of water required or likely to be required for irrigation is resulting or is likely to result from the excessive cutting of trees from the Jhumland. (2) Where it appears that undue erosion or diminution of the supply of water required or likely to he required for irrigation is resulting or is likely to result from the cultivation of any jhumland the Deputy Commissioner may direct be general or special order that the jhumland shall not be cultivated by any person for a period not exceeding ten years. (3) For the purpose of protecting a road or briddle path the Deputy Commissioner may direct that any land lying within fifty metres of the road shall not be cultivated and may further direct that trees upon such land shall not be felled or cut. (4) No order shall be made under sub-section (2) or sub-section (3) unless a reasonable opportunity has been given to those having customary rights to the Jhumland top refer objections against such order and unless all objections so preferred have been considered

and rejected as unreasonable or untenable.

The State Government may make such general or special orders, it thinks fit to prevent risk of damage by fire to Jhumland.