Chapter III MISCELLANEOUS

Any non-official member may at any time resign his office and his resignation shall be effective immediately it is accepted by the State Government.

The term of office of any non-official member shall be three years: Provided that in case of members representing the Legislature or Local Authorities their terms of office shall terminate as soon as they cease to be members of such Legislature or Local Authority, as the case may be.

(1) The term of office of non-financial members shall commence on such date as may be notified in this behalf by the State Government. (2) A person ceasing to be member by reason, of the expiry of his term of office as described in section 45, shall be eligible for re-nomination.

The State Government may remove from the Board any member who: (a) refuses to act, or becomes incapable of acting or absent himself from three consecutive meetings of the Board and is unable to explain such absence to the satisfaction of the Board; or (b) has so flagrantly abused in any manner his position as a member of the board as to render his continuance detrimental to the public interest. Provided that when the State Government proposes to take action under the foregoing provisions of this section, an opportunity for explanation shall be given to the member concerned and when such action is taken, the reasons thereof shall be placed on record.

(1) When the place of a member nominated by the State Government becomes vacant by his resignation, removal or death the State Government shall appoint a person to fill the vacancy. (2) The term of office of a member, nominated under sub-section (1) shall be the remainder of the term of office of the member in whose place he has been nominated.

The State Level Advisory board shall (i) review from time to time working of various Village and Area Councils, (ii) advise the Government about allotment of funds to various Village Councils as grant-in-aid, (iii) perform such other duties as the Board may be required by the State Government.

(1) The State Government may by notification in the Gazette make rules consistent with this Act, to carry out the purpose of this act. (2) In particular and without prejudice to the generality of foregoing powers, such rules may provide for the following namely: (a) for conduct of election to the Area Councils (b) for delimitation of constituencies for election to the Area Council (c) for pay and allowances of members and Chairman of the Area Councils (d) appointment of Officers and staff of the Area Councils and their condition of service; (e) custody and disposal of Area Council funds; (f) procedure for maintenance of accounts and audit; (g) procedure for conduct of business of Village and Area Councils; (h) any other connected matter in respect of which it is necessary to make rules for the constitution and proper functioning of the village and Area Councils. (3) Every rule made under this section shall be laid, as soon as may be; after it is made before the Nagaland Legislative Assembly while it is in sessions for a total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so that any such modification or annulment shall be without prejudice to the validity anything previously done under this rule.

The Nagaland Village, Area and Regional Councils Act, 1970 (The Nagaland Act no 2 of 1971) shall stand repealed; Provided that such repeal shall not affect: (a) the previous operation of the said Act or anything duly done or suffered thereunder ; or (b) and right, privilege, obligation or liability acquired; accrued or incurred under the said Act ; or (c) any penalty forfeiture or punishment suffered in respect of any offence committed against the said act ; or (d) any investigation, legal proceeding or remedy in respect of any such right, privelege, obligation, liability, penalty, forfeiture or punishment as aforesaid; Provided further that anything dono or any action taken including any appointment or delegation made, instruction or direction made, certificate or registration granted under the Act hereby repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this act.

All powers, rights and duties given by this act shall be in addition to and not in derrogaticfl of any other powers, rights and duties conferred by any Act, law or custom and all such other powers, rights and duties may be exercised and put in force in the same manner by the same authority as if this act has not been passed.

(1) If any difficulty or doubt arises in giving effect to the provisions of this Act, the State Government may, by order, published in Gazette, make such provisions, not inconsistent with the purpose of this Act as appears to it to be necessary or expedient for the removal of the difficulty or doubt; and the order of the State Government in such cases shall be final. (2) Every order made under this section shall be laid as soon as may be after it is made, before the Assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or in the session immediately following, the Assembly agree in making any modification in the order shall thereafter have effect only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under this order.

(1) If the State Government on receipt of a report from the Deputy Commissioner of the District or otherwise is satisfied that a situation has arisen in which Village or Area Council cannot function in accordance with the provisions of this Act, the State Government may, by order, published in the Gazette, direct that the Council shall be dissolved from such date and for such period as may be specified in the notification. (2) when the Village or Area Council is dissolved under provisions of sub-section (1) : — (a) all members notwithstanding that their term of office has not expired, shall from the date of dissolution vacate their office as such members. (b) all powers and duties of the Village or Area Council shall during the period of dissolution be exercised by such person or persons as the State Government may appoint in this behalf. (c) all funds and other property vested in the Village or area Council shall during the period of dissolution vest in the State Government; and (d) as soon as the period of dissolution expires, the Village or Area Council shall be reconstituted in accordance with the provisions of this Act. (3) Every order made under this section shall be laid as soon as may be after it is made, before the assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following the assembly agree in making any modification in the order shall thereafter have effect only in such modified form or be of no effect as the case may be, without prejudice to the validity of anything previously done under this order.