Accrual of customary rights

(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.