The Nagaland (Requisition of Porters) Act, 1965

(1) This Act may be called the Nagaland (Requisition of Porters) Act, 1965. (2) It extends to the whole of Nagaland. (3) It shall come into force at once.

Unless the context otherwise requires :— (i) "emergency" includes a situation whereunder, due to concerted action on the part of the people of any area with a view to hamper the State Government :— (1) a public servant is unable to deal adequately with a calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemics, epizootic diseases, invasions by animals, insects or vegetable pests for want of porters to carry any essential item of equipment, baggage; (2) movement of commodities, and stores and equipment deemed essential to the life of the community or to the maintenance of the law and order or prevention of any threat to peace, to place not connected by roads or rail is impeded for want of porters; or (3) movement of Police Forces, Assam Rifles or Units of the regular armed forces to a place not connected by "road" or rail to deal with a breach of the peace, or any threat to law and order is impeded for want of porters to carry any essential items of equipment and baggages. (h) "road" means a road over which the mechanically propelled vehicles can ply.

(1) Any Deputy Commissioner in his district in Nagaland or any other officer authorised by him in writing in this behalf, may during an emergency, issue an order requisitioning the services of able bodied adult males for public purposes including movement of stores and equipment essential to the life of the community or maintenance of law and order and transport of Government stores, equipment and baggages in connection with movement of officials on duty within the State of Nagaland : Provided that in requisitioning such services no discrimination shall be made on grounds only of religion, race, caste or class or any of them Provided further that payment shall be made for such service at rates not less than the normal daily rates of wages prevailing in the locality. (2) The circumstances under which a Deputy Commissioner or any other officer authorised by him in writing in this behalf exercises the powers conferred by sub-section (1) shall on every occasion be recorded by him in writing. (3) Nothing in this section shall be deemed to authorise a Deputy Commissioner or any other officer to requisition the services of porters to or from a place which is accessible by road or rail.

(1) The State Government may makc rubs for the purposes of carrying out the provisions of this Act. (2) In particular'ind without picjudice to the generaIity of the' forc-going provisions, thc *rulks made by the state Government may provide'f~r at1 or any of the foildwiig hatters, namely i- ( i ) the circumstances under which thz services of porters should be requisitioned ; (ii) the terns and conditions governing the employment of requi-sitioned .porters .; (iii) any other matter cor~nccted with or ancillary to the mattcrs aforcssid. (3) Every rule made un'der this seciiod shall beplaid as soon as may be, after it is made, befote the Nagaland Legislative Assembly while it is in session, and if before the expiry of the session in which it is SO laid or the session immediately 'following, the Nngaland Legislative Assembly agree in making any modiEation in the rule or the Nagaland -Legislarive Assembly agree that the rule should not be made, the rule shall iher.?after have ,.effect only in such modified form i r bb f no effect as the c& may: be ; so however, - that any such modification or annuimcnt shall have without prejudice to the validity of anything done under that ruler

If dny person wilfully disobeys any order issued under section 3. he shall, be punishable with imprisonment! which niay extend to' one year or with fine which may extend to .five hundred rupees or 4wi~li both.

Any order of convicition passed under this Act shall bc appealable to the Court to which an appeal ordinariIy lies under any law for .the time being in force from a ienicn& ,pqssca by a court exercising thc powers of a magistrate of the first class.

(1) The Naga Hills District (Requisition of Porters) Regulation, 1953 (Regulation 1 of 1953) and the North East Frontier Agency (Requision of Service as Porters) Regulation, 1954 (Regulation 2 of 1954) so far as it may be applicable to the Tuensang District are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Regulations shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken.