The Nagaland Village Councils (4th Amendment) Act, 2009

The Nagaland Village Councils (fourth Amendment) Act, 2009. (Act No. 2 of 2010.) Received the assent of the Governor oMagaland on 09/12/2009 and published in theNagaland Gazette Extraordinary dated: 18'" of March, 20 10. To amend theNagalandVillage Council Act, 1978 (Nagaland Act No. 01 of 1997) Whereas it is considered expedient to amend the Nagaland Village Councils Act, 1978,in orderto give legal status and recognition toNagaTribal Councils constituted underNaga customary practices and usages, and also make provisions for removal of chairmanoWdlage councils. It is herby enacted in the sixtieth year of Republic of India, as follows: Short Title & Commencement 1. (I) This Act may be called theNagalandVillage Council (FourthAmendment) Act, 2009 01) it shall extent to the whole ofNagaland. I) It shall come into force with effect from its notification in theNagaland Gazette.

The title of the 'Nagaland Village Council Act 1978" shall henceforth be change, and be called as "the Nagaland Village & Tribal Council Act, 1978.

The following sub-section shall be inserted under Section 2 of the Principal Act viz: Section 2(t) "tribal council" means the various tribal councils/ hohos/unions/ organizations existing in Nagaland, and being constituted by the various tribes in accordance with their respective traditions, customary practices and usages.

9(2) of the principal act, viz.

Section9(3): the State Government may remove any chairmanofvillage councils hmhis office. (a) ifhe cases to be a member of the village council. @) ifhe resigns hmchahmanship ofthe village council onhis ownvolitionby submitting a writtenregistration letter addresses to the Secretary of the village council who shall forward it to the State Government though the Deputy Commission concerned. (c) when a'ho-coddence motion" is moved a passed by the majority of the V~llage council members present and voting, in a special session for the purpose that may be summoned by the Deputy Commissioner, and to presided by an administrative officer not below the rank of EAC, duly authorized in this behalf by the Deputy Commissioner of the District concerned.

In the heading under chapter II of the Principal act, the words "Area Council" shall be substituted by the words "Tribal Council"

Section 23 to 50 of the principal act shall stand deleted.

The following new section, viz section 23, 24, 25, 26 & 27 shall be inserted in the principal act. as under: Section 23: There may be a "Tribal Council" for every recognized Naga tribe, and also one or more apex tribal council(s) comprising of the federation or union of two or more tribal councils. Section 24: The composition, tenure and method of constitution of the tribal council and apex tribal councils, their powers, duties and functions etc. shall be as per the traditions, customary practices and usages of the tribes concerned. Section 25: It shall be the duty of every tribal council or apex tribal councils and apex tribal council to submit the name and addresses of its office bearers to the Deputy Commissioner of the district concern and to the Home Department, Government of Nagaland, including any changes that may take place at any time thereafter. On receipt of this information, it shall be acknowledged by the Home department in writing, and in the absence of any order to the contrary, such written acknowledgement shall be deemed to the conveyance of Government's recognition to the tribal council or apex tribal council. Section 26: In addition to their normal duties and functions, as may be prescribed in their respective constitutions, and/ or in accordance with their traditions, customary practice and usages, every tribal council, including the apex tribal council(s), shall assist the State Government and in various agencies, in the matter of maintenance of law and order in the society, maintenance of peace and communal /tribal harmony, the settlement of disputes, and case involving breaches of customary laws and usages, and in any other matter of public importance, where its assistance is sought. Section 27: It shall be legitimate for the State government to extent financial assistance or any other assistance, as may be deemed fit, to any tribal council.