Bare Act

The Nagaland (Ownership & Transfer of Land and its Resources Act, 1990

General199093 sections12 chapters

This law governs the ownership and transfer of land and its resources, including minerals and petroleum, throughout the state of Nagaland. It was enacted because the Constitution restricts federal laws on these matters unless the state assembly specifically approves them, and that approval has not yet been granted. By establishing these rules, the state government aims to regulate land and resource transactions in the public interest and impose taxes on mineral rights, ensuring proper control over valuable natural assets within the state.

Chapter 1 PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II GENER&L RESTRICTIONS ON UNDERTAKING, PROSPECTING →

  1. 3Prospecting or mining operations to be under licence or lease
  2. 4Existing prospecting licences and mining Leases and rights acquired or liability incurred thereunder to continue
  3. 5Termination of prospecting licence or mining lease
  4. 6Restrictions on the grant of prospecting licence or mining lease
  5. 7Maximum area for which a prospecting licence or a mining lease can be granted
  6. 8Periods for which prospecting licence may be granted or renewed
  7. 9Periods for which mining leases may be granted or renewed
  8. 10Royalties in respect of mining leases
  9. 11Dead rent to be paid by leases

Chapter III PROCEDURE FOR OBTAINING PROSPECTING LICENCES OR →

  1. 12Application for prospecting licence or mining lease
  2. 13Preferential rights of certain persons
  3. 14Register of prospecting licences and mining leases
  4. 15Power of State Government to make rules in respect of minerals
  5. 16Sections 3 to 15 not to apply to minor minerals
  6. 17Power of State Government to make rules in respect of minor minerals
  7. 18Special power of State Government to undertake prospecting or mining operation in any land within the State

Chapter V SPECIAL POWERS OF STATE GOVERNMENT TO UNDERTAKE →

  1. 19Power of State Government to make reservation to area for conservation etc.

Chapter VI DEVELOPMENT OF MINERALS →

  1. 20Mineral development
  2. 21Power to authorize Geological Survey of India etc. to make investigation

Chapter VII OBLIGATIONS OF HOLDER OF PROSPECTING →

  1. 22Notice to be given of prospecting or mining operations
  2. 23Duties and responsibilities of holder of prospecting licences or mining lease
  3. 24Power of inspection of State Government
  4. 25Steps which may be taken in the event of omission to take steps for providing safety
  5. 26Notice to be given of accidents
  6. 27Power of State Government to appoint a Court of Inquiry in case of accidents
  7. 28Estt, of group gathering station
  8. 29Obligation of lessee to sell Natural gas to State Government etc.

Chapter VIII CONTROL OVER PETROLEUM →

  1. 30Import, Transport etc. of petroleum to be made under a licence
  2. 31Power of State Government to make rules regulating import etc. of petroleum
  3. 32Production, refining and blending of petroleum
  4. 33Receptacles of dangerous petroleum to show warning
  5. 34No licence needed for transport or storage of limited quantities of certain petroleum
  6. 35Exemption for motor conveyance and stationary engines:
  7. 36No licence needed by or any other carrier
  8. 37Exemption of heavy oils
  9. 38General Power of Exemption
  10. 39Inspection of Places

Chapter IX TESTING OF PETROLEUM →

  1. 40Inspection and sampling of petroleum
  2. 41Standard test Apparatus
  3. 42Certification of other test apparatus
  4. 43Testing Officers
  5. 44Manner of testing
  6. 45Certificate of Testing
  7. 46Right to require Retest
  8. 47Power of State to make rules
  9. 48Power of State Government to make special rules for viscous or solid forms of petroleum
  10. 49Interpretations
  11. 50Publication of notification for acquisition
  12. 51Power to enter, survey etc.
  13. 52Hearing of objections
  14. 53Declaration of acquisition of right of user
  15. 54State Government or corporation to lay pipelines.
  16. 55Power to enter land for inspection etc
  17. 56Restrictions regarding use of land
  18. 57Compensation
  19. 58Deposit and payment of compensation
  20. 59Competent Authority to have certain powers of Civil Courts
  21. 60Penalties
  22. 61Power to make rules
  23. 62Application of other laws

Chapter XI APPLICATION AND AMENDMENT OF THE →

  1. 63Power to undertake investigation for development of land and its resources
  2. 64Acquisition of land for conservation etc. shall be deemed to be for a public purpose
  3. 65Compensation to be comprehensive

Chapter XII LEVY AND COLLECTION OF TAX ON →

  1. 66Power Of State Government To Levy And Collect Tax On Mineral Rights
  2. 67Determination of tax
  3. 68Appeal
  4. 69Revision
  5. 70Rules to include certain matters

Chapter XIII PENALTIES AND PROCEDURE FOR →

  1. 71Penalties
  2. 72Cognizance of offences
  3. 73Bar of jurisdiction to try offences
  4. 74Offences to be cognizable and bailable
  5. 75Offences by companies
  6. 76Compounding of offence

Chapter XIV MISCELLANEOUS →

  1. 77Provisions of the Act to over-ride other laws
  2. 78Protection of action taken in good faith
  3. 79Bar of Jurisdiction of Civil Courts
  4. 80Prospecting licence and mining leases to be void if in contravention of the Act
  5. 81Power to convict trespassers
  6. 82Power of entry and search
  7. 83Power of Magistrate to seize any mineral etc
  8. 84Power of entry and inspection of mine or abandoned mine
  9. 85Recovery of certain sums as arrears of land revenue
  10. 86Delegation of powers
  11. 87Rule and notifications to be laid before state Legislative Assembly
  12. 88Existing rules to continue
  13. 89Power of revision of State Government
  14. 90Relaxation of rules in special cases
  15. 91Validation of certain Acts
  16. 92Power to make rules with retrospective effect

PDF: pending for this language.