The Nagaland Village, Area and Regional Councils Act, 1970

(1) This Act may be called the Nagaland Village, Area and Regional Councils Act, 1970. (2) It extends to the districts of Kohima and Mokokchung in Nagaland. (3) It shall come into force on such date as the State Government may by notification in the Gazette, Appoint, and different dates may be appointed for different provisions of this Act.

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. (1) “Assembly”- means the Nagaland Legislative Assembly. (2) “Gazette” or “the Gazette” – means Nagaland Gazette. (3) “Prescribed” – means prescribed by rules made under this Act. (4) “State Government” – means the Government of Nagaland.

Every village having a population of not less than one hundred shall have a Village Council.

A village Council shall consist of members chosen by the villagers in accordance with the prevailing customary practice and usages, the same being approved by the State Government.

A person shall not be qualified to chosen as a member of the Village Council unless he- (a) is a citizen of India; and (b) is not less than twenty one years of age.

Every Village Council shall continue for such period as the customary practice and usage require. 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.

(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.

(1) The State Government may remove any member of a Village Council from his office – (a) who is convicted of any non-bailable offence by a court of law; or (b) who refuses to act or became 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 sufficient in the opinion of the State Government, absents himself from the majority of meetings in a year of the 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 number 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) 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.

The procedure for the conduct of business in a Village Council shall be as may be regulated from time to time by the Chairman thereof. The written record of the gist of its proceedings shall be kept in the ‘local dialect.

A Village Council shall be summoned to meet as and when required by the Chairman thereof.

The following shall be the powers and duties of a Village Council for the development and welfare of the village, namely:- (1) to formulate scheme for water supply, village roads, village forests, village sanitation, education and other social welfare activities; (2) to help various Government agencies in carrying out development works in the village; (3) To take up development works on its own initiative or on request by the Government.

On the out break of an epidemic or an infectious disease, Village Council shall have power to take all or any of the following measures for controlling and preventing the spread of the epidemic or infectious disease in the area within its jurisdiction, namely: (i) restriction of movement of the infected person or other persons or goods or domestic animals within its jurisdiction; (ii) provision for vaccination or inoculation, as the case may be; (iii) seizure of any polluted food-stuff; (iv) disinfection of well, tanks or other sources of water supply; and (v) doing of such other acts as may be necessary.

(1) Every Village Authority or Village Council constituted under the law in force from time to time shall administer justice within the village limit 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, along with the neighbouring 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 full powers to deal with ordinary matters of internal administration of village. (2) In particular and without prejudice to the generality of the forgoing power, the Village Council shall discharge the following functions, namely: - (a) to maintain law and order in the village. In serious cases offender may be arrested but such person should be handed over to nearest Administrative Officer or Police Officer without undue delay; (b) to report to the nearest Administrative Officer occurrence of any un-natural death or serious accident; (c) to inform the presence of strangers, vagabonds, suspects to the nearest Administrative Officer or Police Station; (d) to enforce orders passed by the competent authority on the village as a whole; (e) to enforce outbreak of epidemics to the nearest Administrative Officer or Medical Officer; (f) no transfer of immovable property shall be affected without the knowledge of Village Council. Written record of this shall be maintained by the local Administrative Officer.

A person shall be disqualified from being selected as and for being a member of a Village Council: - (1) if he is of unsound mind and stands so declared by a 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 of allegiance to a foreign nation; or (3) if he has been convicted by a Court in India of 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 particulars case, has elapsed since his release; or (4) if having held an office under the Regional or Area Council he has been found guilty of corruption, disloyalty or breach of Area or Regional Council law; unless a period of five years of such less period as the State Government may allow in any particular case, has elapsed since his becoming so disqualified; or (5) if he is an un-discharged insolvent; or (6) if he is a salaried Government servant or employee of a Regional or 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 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.

If any question arises as to whether a member of a 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 by writing under his hand; or (3) when a member is removed by the State Government on becoming disqualified.

When a seat becomes vacant the Chairman shall: (1) call upon the village concerned to choose a member; or (2) request the Deputy Commissioner to appoint a person in case of a Gaon Burrah.

No selection of member of a Village Council shall be called in question in any court, and no court shall grant an injuction - (a) to postpone the selection of a member of a Village Council or a Village authority; or (b) to prohibit a person, declared to have been duly selected under this Act, from taking part in the proceedings of the Village Council of which he has been selected a member; or (c) to prohibit member nominated or selected for a Village Council from entering upon his duties.

If 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 sue and be sued 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, the (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 or the Assembly agree that the order should not be made, 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.

There shall be an Area Council for each area specified in the Schedule to this Act.

The Area Council shall consist of members elected by the Village Council in proportion of one member for a population of 500 and part thereof not below 250: Provided that a village with a population of less than 500 shall be represented one member each.

(1) is a citizen of India; and (2) has attained the age of 21 years.

(1) There shall be a Chairman elected from amongst 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.

The local Administrative Officer shall be the Ex-officio Secretary to the Area Council.

Every Area Council, unless sooner dissolved by the State Government shall continue for five years from the date appointed for its first meeting: 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.

All member shall hold office during the life of the Area Council: Provided that a member elected to fill a casual vacancy shall hold 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 non-bailable offence by a court of law; or (b) who refuses to act, or became incapable of acting; or (c) Who is declared to be insolvent; or (d) Who has been declared by notification in Gazette 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 meetings 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 member 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 out-break of an epidemic or an infectious disease, the Area Council shall have power to take all or any of the following measures for controlling and preventing the spread of the epidemic or infectious disease in the area within its jurisdiction, namely: - (i) restriction of the movement of the inflected person or other person or goods or domestic animals within its jurisdiction; (ii) provisions for vaccination or inoculation, as the case may be; (iii) seizure of any polluted food-stuff; (iv) dis-infection of wells, tanks or other sources of water supply; and (v) doing of such other acts as may be necessary.

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 developmental scheme formulated by various Village 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 State Government; or (c) any other matter referred toit by any other authority. (3) Subject to the prior approval of the Government and after the notification in the Gazette an Area Council shall have power to impose and collect: - (a) Cess (b) Tax on Bazar, village road (c) tolls for bridge constructed and maintained by an Area Council from its own resources; (d) charges for water supply constructed and maintained by the Area Council from its own sources.

(1) The funds of the Area Council shall consist of grants or subsidies and money raised by realization of tax, cess, toll. (2) the regular maintenance of accounts of the Area Council fund and its safe custody shall be the duty of its Secretary.

A person shall be disqualified from being elected as, and for being a member of an Area Council – (1) if he is unsound mind and stands so declared by a competent court or such other 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 a foreign nation or is under acknowledgement of allegiance of a foreign nation; or (3) if he has been convicted by a Court in India of 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; (4) if having held an office under a Regional or an Area Council he has been found guilty of corruption, disloyalty or breach of an Area or a Regional Council law; unless a period of five years or such less period as the State Government may allow in any particular case, has elapsed since his becoming so disqualified; or (5) if he is an undischarged insolvent; or (6) if he is salaried Government servant or employee of a Regional of an Area Council; or (7) it he abstains himself from the majority of meetings in a year and is unable to explain such absence to the satisfaction of the Council; or (8) it he is a member of any other Area or Regional 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 such dismissal; or (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 to or for the execution of any works undertaken by that 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 becomes vacant: - (1) when a member dies; (2) when a member resign his seat by writing under his 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 by writing under his hand addressed to the Secretary of the Area Council; or (3) If a resolution is passed by the Area Council removing him from office by a minimum of two-third of the total membership of the Council present and voting.

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

No election of a member of an Area Council shall be called in question in any court, and no court shall grant an injuction:- (a) to postpone the election of a member of an Area Council; or (b) to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of an Area Council of which he has been elected a member; or (c) to prohibit member elected to an Area Council from entering upon his duties.

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 decisions 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 said name sue and be sued through its Chairman, with power to acquire, hold and dispose of property both moveable and immovable and to contract and do all other things, necessary for the purpose of 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.

There shall be a Regional Council for each of the Kohima and Mokokchung districts.

The Regional Council shall consist of : - (1) one member from every 6,000 population; and (2) two persons to be nominated by the State Government.

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

(1) There shall be a Chairman of the Regional Council elected from amongst the members of the Regional Council. (2) During the absence of the Chairman from any sitting of the Regional Council a member of the Council nominated by the Chairman shall act as Chairman.

An Extra Assistant Commissioner in the office of the Deputy Commissioner shall be an Ex-officio Secretary to the Regional Council.

A Regional Council unless sooner dissolved by the State Government, shall continue for five years from the date of its first meeting: 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.

All members shall hold office during the life of the Regional Council: Provided that a member elected or nominated to fill a casual vacancy shall hold office for the reminder of the term of the member whom he replaced.

A Regional Council shall meet at least twice and not more than four time in a year.

The procedure for the conduct of business in a Regional Council shall be as may be regulated by rules from time to time by the State Government.

(1) The Regional Council shall advise the State Government on the matters relating to Administration of law and order by means of passing resolution and submitting it to the State Government. (2) The Regional Council shall actively assist the Stat Government in implementing the development work by exerting its influence on the Village and Area Councils. (3) The Regional Council shall discuss matters relating to the general welfare of the district as a whole and shall exert its influence over the Area and Village Councils for achieving balanced development in all sphere of activities. (4) Regional Council shall attend to any other matter referred to it by any Area Council for advice or decision specially with regard to inter-tribal problems and disputes.

A person shall be disqualified from being elected as, and for being a member of the Regional Council: - (1) if he is unsound mind and stands so declared by a competent court or such other 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 a foreign nation or is under acknowledgement of allegiance to a foreign nation; or (3) if he has been convicted by a court in India of 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 the Regional or Area Council he has been found guilty of corruption, disloyalty or breach of Regional or Area Council law; unless a period of five years or such less period as the State Government may allow 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 an employee of a Regional or an Area Council; or (7) if he abstains himself from the majority of 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 Regional, 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 such dismissal; or (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 to, or for the execution of any works undertaken by that Government.

If any question arises as to whether a member of the Regional 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 member holding the office as a Chairman of a Regional Council shall vacate his office – (1) on ceasing to be a member of the said Council; or (2) when a member resigns his seat by writing under his hand; or (3) when a member is removed by the State Government on becoming disqualified.

A member holding the office of a Chairman of a Regional Council shall vacate his office – (1) on ceasing to be a member of the said Council; or (2) when he resigns his seat by writing under his hand addressed to the Secretary to the Regional Council; or (3) If a resolution is passed by the Regional Council removing him from office by a minimum of two-third of the total membership of the Council present and voting.

When a seat becomes vacant the Chairman shall. – (1) notify the vacancy in the Official Gazette; and (2) (a) call upon the Area Council concerned to elect a member; or (b) request the State Government to nominate a person.

(1) The State Government may remove any member of a Regional Council from his office: - (a) who is convicted of any non-bailable offence by a court of law; or (b) who refuses to act or became 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 Regional Council absents himself from the majority of meetings in a year of the Regional Council; or (f) who has 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 Regional 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.

No election of a member of a Regional Council shall be called in question in any court, and no court shall grant an injuction: (a) to postpone the election of a member of a Regional Council; or (b) to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of a Regional Council of which he has been elected a member; or (c) to prohibit a member nominated or elected to a Regional Council from entering upon his duties.

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

Every Regional Council shall be a body corporate by the name of the district for which it is constituted and shall have perpetual succession and a common seal, and shall by the said name sue or be sued through its Secretary, with power to acquire, hold and dispose of property, both moveable and immovable and to contract and do all other things necessary for the purposes of this Act.

Subject to the general superintendence and control by the State Government, the Deputy Commissioner shall have control over the Regional Council in his district.

(1) The State Government my 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 matters namely: - (a) for conduct of election to the Regional Council and Area Councils; (b) for delimitation of constituencies for election to the Regional and Area Councils; (c) for pay and allowances of members and Chairman of the Area and Regional Councils; (d) appointment of officers and staff of the Area and Regional Councils and their conditions of service; (e) custody and disposal of Area Council funds; (f) procedure for maintenance of accounts and audit; (g) rate of tax, toll or cess and procedure for its imposition and recovery; (h) procedure for conduct of business of Village, Area and Regional Councils; (i) any other connected matter in respect of which it is necessary to make rules for the constitution and proper functioning of the Village, Area and Regional Councils. (3) Every rule made under this section shall be laid, as soon as may be after it is made, 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 or the Nagaland Legislative Assembly agree that the rule should not be made, the rule 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 rule.

The Nagaland Tribal, Area, Range and Village Councils Act, 1696 is hereby repealed.

All powers, rights and duties given by this Act shall be in addition to and not in derogation 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 session 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 or the Assembly agree that the Order should not be made, 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 a district or otherwise is satisfied that a situation has arisen in which the Village/Area/Regional 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/Area/Regional Council is dissolved under the 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/Area/Regional 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/Area/Regional Council shall, during the period of dissolution, vest in the State Government; and (d) as soon as the period of dissolution expires, the Village/Area/Regional Council shall be reconstituted in accordance with the provisions of this Act.

(See Section 24)

KOHIMA DISTRICT :- 1. Southern Angami Area Council 2. Northern Angami Area Council 3. Western Angami Area Council 4. Phek Area Council 5. Pfutsero Area Council 6. Chazouba Area Council 7. Meluri Area Council 8. Ghaspani Area Council 9. Peren Area Council 10. Tseminyu Area Council 11. Dimapur Area Council 12. Tening Area Council 13. Chizami Area Council 14. Chetheba Area Council 15. Phungkhuri Area Council

MOKOKCHUNG DISTRICT :- 1. Ongpangkong Area Council 2. Asetkong Area Council 3. Langpangkong Area Council 4. Changkikong Area Council 5. Japukong Area Council 6. Upper Lotha Area Council 7. Middle Lotha Area Council 8. Lower Lotha Area Council 9. Zunheboto Area Council 10. Aghunato Area Council 11. Satakha Area Council 12. Suruhoto Area Council 13. Akuluto Area Council 14. Satoi Area Council 15. Atoizu Area Council 16. Poghuboto Area Council.