Insertion of new section

After section 27 of the Principal Act, the following section shall be inserted with title "Powers to make Rules', namely, - "Powers to make Rules 27A. (1) The State Government may by notification in the Gazette make rules consistent with this Act, to carry out the purpose of this Act.

1. (2) In particular and without prejudice to the generality of foregoing powers, such rules may provide for the following namely:- (a) Procedure for conduct of business of Village Councils; (b) Procedure for maintenance of accounts and audit; (C) Any other connected matter In respect of which It is necessary to make rules for the constitution and proper functioning of the Village Councils. The Nagaland Gazette, Part-V 30, July, 2022
2. (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 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 Nagaland Legislative Assembly agree in making any modification In the rule, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, and any such modification or annulment shall be without prejudice to the validity anything previously done under this rule" Sd!- Y. PATTON Deputy Chief Minister & Minister- in- charge Home Department 30, July, 2022 The Nagaland Gazette, Part-V ANNEXUR EXTRACTS FROM THE NAGAL.AND VILLAGE AND TRIBAL COUNCILS ACT, 1978 (NAGALAND ACT NO. 1 OF 1979) 2. Definitions In this Act unless the context otherwise requires:- (a) appropriate authority" or competent authority" means an authority having administrative jurisdiction with whatever designation called and notified by Government from time to time; (b) Assembly" means the Nagaland Legislative Assembly; (c) Gazette' or 'the Gazette" means Nagaland Gazette; (d)' Prescribed " means prescribed by rules made under this Act;
   • (e) 'State Government" means the Government of Nagaland; (f)11 tiibai councils" means the various tribal councils I hohos / unions / organizations existing in Nagaland, and being constituted by the various tribes in accordance with their respective traditions, customary practices and usages. * 5. Qualification for Members 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 of years. 6.
   • (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: The Nagaland Gazette, Part-V 30, July, 2022 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 village institutions which were traditionally established like the t'Putu Menden in Ao area and recognized as Village Council shall continue to function as Village Council according to respective custom and usage. * *
     • • * 16. Disqualification A person shall be disqualified from being selected as and for being a member of Village Council:- (1) if he is of unsound mind and stands so declared by the competent court or such authority as may be recognized 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; 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
3. (4) if having held an office under any Council he has been found guilty or 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 undercharged insolvent; or (6) if he is a salaried Government servant or employee of an Area Council; or
4. (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
5. (8) if he is a member of any other Village 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,

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