Chapter I VILLAGE COUNCIL

Every recognised Village shall have a Village Council. Explanation Village means and indudes an area recognised as a Village as such by the GoVernment of Nagaland. An area in order to be a Village under this act shall fulfil the following conditions namely:

(a) The land in the area belong to the population of that area or given to them by the Government of Nagaland, if the land in question is a Government land or is land given to them by the lawful owner of the land; and

(b) The Village is established according to the usage and customary practice of the population of the area.

A Village Council shall consist of members, chosen by villagers in accordance with the prevailing customary practices and usages, the same being approved by the State Government, provided that hereditory village Chiefs GBs and Angs shall be ex- officio members of such Council and shall have voting right.

A person shall not be qualified to be chosen as a member of the Village Council unless he : —

(a) is a citizen of India, and

(b) has attained the age 25 years.

(a) Every Village 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.

(b) All members shall hold office during the life of the Village Council. Provided that a member chosen to fill in a casual vacancy shall hold office for the remainder of the term of office of the member whom he replaced;

Provided further that Village institutions which were traditionally established like the “Putu Menden” in Ao Area and recognised as Village Council shall continue to function as Village Council according to respective custom and usage.

(1) The Village Council will choose a member as Chairman of the Council.

(2) During the absence of the Chairman from any sitting of the Village Council a member of the Council nominated by the Chairman shall act as Chairman.

The Village Council may select and appoint a Secretary who may or may not be a member of the Council. If the Secretary is not a member of the Council, he shall have no voting rights.

(1) The State Government may remove any member of a Village 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 become incapable of acting or (c) Who is declared to be insolvent, or (d) Who has been declared by notification in the Gazette to be disqualified for employment in the Public Service, or (e) Who without an excuse or sufficient ground in the opinion of the State Government absents himself from the majority of meeting in a year of Village 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 members of the Village Council at a meeting recommend his removal.

(2) No person who has been removed from his office under clause (a) or clause (d) or 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.

The procedure for the conduct of business in a Village Council shall be as maybe regulated from time to time by the Chairman thereof. The written record of the gist of its proceedings shall be maintained.

The Village Council shall meet once in every 3 months, provided that the Chairman may summon the meeting of the Council at any time if requisition is made by one-third of the members.

The Village Council shall have the following powers and duties:

(1) to formulate Village Development Schemes, to supervise proper maintenance of water supply, roads, forest, sanitation, education and other welfare activities:

(2) to help various Government agencies in carrying out development works in the Village.

(3) to take development works on its own initiative or on request by the Government.

(4) to borrow money from the Government, Banks or financial institutions for application in the development and welfare work of the Village and to repay the same with or without interest as the case may be.

(5) to apply for and receive grant-in-aid, donations, subsidies from the Government or any agencies.

(6) to provide security for due repayment of loan received by any permanent resident of the Villages from the Government, Bank or financial institution.

(7) to lend money from its funds to deserving permanent residents of the Village and to obtain repayment thereof with or without interest,

(8) to forfeit the security of the individual borrower on his default in repayment of loan, advanced to him or on his commission of a breach of any of the terms of loan agreement entered into by him with the Council and to dispose of such security by public auction or by private sale;

(9) to enter into any loan agreement with the Government Bank and financial institutionS or a permanent resident of the Village.

(10) to realise registration fees for each litigation within its jurisdiction.

(11) to raise fund for utility service within the Village by passing a resolution subject to the approval of the State Government. Provided that all monetary transactions shall he conducted through a scbedqled Bank or the Nagaland State Co-operative Bank,

(12) to constitute Village Development Board;

(13) power to do certain acts in the event of an epidemic. On the outbreak of an epidemic or infectious disease Village Council shall initiate all preventive measures.

(1) The Village Council constituted under the law in force from time to time shall administer justice within the Village limits in accordance with the customary law and usages as accepted by the canons of justice established in Nagaland and the law in this respect as enforced from time to time.

(2) In case of disputes between villages falling in different areas or districts, two or more Village Councils may settle a dispute in a joint session or refer it to the appropriate authority.

(1) The Village Council shall be auxiliary to the administration and shall have lull powers to deal with internal administration of the village.

(a) maintenance of law and order.

(b) in serious case offender may be arrested but such person should be handed over to the nearest Administrative Officer or Police Station without undue delay;

(c) to report to the nearest Administrative Officer occurrence of any unnatural death or serious accident;

(d) to inform the presence of strange;s, vagabonds or suspects to the nearest Administrative Officer or Police Station;

(e) to enforce orders passed by the competent authority on the village as a whole;

(f) to report outbreak of epidemics to the nearest Administrative Officer or Medical Officer;

(g) no transfer of immovable property shall be affected without the consent of the Village Council. Written record of this shall be maintained by the Village Council.

A person shall be disqualified from being selected as and for being a member of Village Council : —

(1) If he is 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 or allegiance to a foreign nation;

If any question arises as to whether a member of Village 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.

When a seat becomes vacant, the Chairman shall call upon the Village concerned to choose a member.

When a dispute arises as to the selection of any member of a Village Council, the matter shall be referred to the State Government whose decision thereon shall be final.

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

Subject to the General superintendence of the State Government, the Deputy Commissioner/the Additional Deputy Commissioner or Sub-divisional Officer (Civil) in-charge of the Sub-Division, Extra Assistant Commissioner or Circle Officer shall have control over all the Village Councils within his jurisdiction.