Chapter II AREA COUNCIL

There shall be an Area Council for each Area to be notified by the State Government in the Gazette.

(1) The Area Council shall consist of members elected by the Village Council in proportion of one member for population of 500 and part thereof not below 250: Provided that a recognised Village with population of less than 500 but having at least 250 shall be represented by one member: Provided further that a group of contiguous small recognised Villages may together elect a member to the Area Council having the same territorial jurisdiction on the basis of 250 population. In the event of an Area Council member to be elected by more than one Village, the members of the Village Councils shall be determined in proportion to the population of such villages. (2) In the smaller Towns where there is no recognised Town Committees, an Area Council member can be elected in proportion of one member for every 500 people and part thereof not below 250. The election shall be carried out by an Ad-hoc Committee of the towns people themselves to be constituted for the purpose by the local Administrative Officer. (3) There shall also be two persons nominated by the State Government as members, one of whom shall be a woman ordinarily resident of the Area.

A person shall not be qualified to be elected as a member of an Area Council unless he: (1) is a citizen of India; (2) has attained the age of 25 years; and (3) is a member of a Village Council.

(1) There shall be a Chairman elected from among the members of the Area Council. (2) During the absence of the Chairman from any sitting of the Area Council a member of the Council nominated by the Chairman shall act as Chairman. (3) Every Chairman shall be Ex-officio member of the District Planning Board.

The Local Administrative Officer shall be the Ex-officio Executive Officer and Secretary to the Area Council.

Every Area 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: Provided further that a member elected to fill a casual vacancy shall bold office for the remainder of the term of office of the member whom he replaced.

(1) The State Government may remove any member of an Area 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 becomes incapable of acting; or (c) who is declared to be insolvent; or (d) who has been declared by notification in Gazette to be disqualified for employment in the public service, or (e) who without an excuse sufficient in the opinion of the State Government, absents himself from the majority of meeting, in a year of the Area 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 number of the members of the Area Council at a meeting recommend his removal. (2) No person who has been removed from his office under clause (a) or clause (d) of sub-section (1) shall be eligible for re-election except with the previous permission of the State Government obtained by such person in the prescribed manner.

On the outbreak of an epidemic or infectious disease, the Area Council shall initiate all preventive measures within its jurisdiction.

An Area Council shall meet at least twice and not more than four times in a year.

The procedure for the conduct of business in an Area Council shall be, as may be regulated by rules made from time to time by the State Government.

(1) The Area Council shall examine the development scheme formulated by various Councils within its jurisdiction and after coordinating and consolidating all such schemes into one for the Area submit it to the appropriate authority with its recommendation and priorities. (2) The Area Council shall settle dispute (a) if it is voluntarily referred to it by two or more contesting Village Councils; or (b) if required to do so by the Deputy Commissioner; State Government; or (c) any other matter referred to it by any other authority

(1) The funds of the Area Council shall consist of grants or subsidies. (2) The regular maintenance of accounts of the Area Council fund and its safe custody shall be the duty of its Executive Officer. (3) The funds of Area Council shall be maintained and transacted through a Scheduled bank or Nagaland State Co-operative Bank only.

A person shall be disqualified from being elected as and for being a member of an Area Council: (1) if he is of 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 of 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 disqualified; 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 Area 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 elapsed from the date of dismissal. (10) if and for so long as, there subsists a contract entered into by him in the course of his trade or business with the State Government for the supply of goods, or for the execution of any work undertaken by the Government.

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

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

A member holding the office of the Chairman of an Area Council shall vacate his office :— (1) on ceasing to be a member of the said Council; or (2) when he resigns his seat in writing under his own hand addressed to the Secretary of the Area Council; or (3) when a resolution is passed by the Area Council presided over by the Executive Officer of the Council removing him from office by a vote of two-third of the total membership of the Council.

When a seat becomes vacant, the Chairman shall : — (1) notify the vacancy in Gazette; and (2) call upon the Village Council concerned to elect a new member.

If a dispute arises as to the election of any member of an Area Council, the matter shall be referred to the State Government whose decision thereon shall be final.

Every Area Council shall be a body corporate by the name of the Area 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 to do all other things, necessary for the purpose this Act.

Subject to the General superintendence and control, of the State Government, the Deputy Commissioner, the Additional Deputy Commissioner or the Sub-Divisional Officer (Civil) shall have control over all the Area Councils within their jurisdiction.

(a) (1) The State Government may constitute by notification in the official Gazette, a Board consisting of the following members, namely: Chairman — Minister-in-charge (Councils) Members - 1. Agricultural Production Commissioner 2. Secretary (Finance) 3. Secretary (Home) — Member Secretary 4. Three Members nominated by the State Government (like member of Legislative Assembly) (2) Four of the members attending any meeting of the board shall form the quorum for the purpose of transacting the business of that meeting of the board. (3) All members of the Board including the nominated members shall have one vote each and the Chairman shall have a casting vote in case of a tie. (4) In the absence of the Chairman, the members present shall elect one among themselves to preside over the meeting.