The State of Nagaland Act, 1962
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the State of Nagaland Act, 1962.
Section 2 Definitions.
In this Act, unless the context otherwise requires,—
(a) "appointed day" means the day which the Central Government may, by notifiation in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument or custom or usage having the force of law;
(e) "Naga Hills-Tuensang Area" means the Naga Hills-Tuensang Area specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, comprising the areas which at the commencement of the Constitution were known as the Naga-Hills District and the Naga Tribal Area;
(f) "regional council" means the regional council referred to in article 371A.
(a) "appointed day" means the day which the Central Government may, by notifiation in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument or custom or usage having the force of law;
(e) "Naga Hills-Tuensang Area" means the Naga Hills-Tuensang Area specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, comprising the areas which at the commencement of the Constitution were known as the Naga-Hills District and the Naga Tribal Area;
(f) "regional council" means the regional council referred to in article 371A.
Section 3 Formation of State of Nagaland.
(1) As from the appointed day, there shall be formed a new State to be known as the State of Nagaland comprising the territories which immediately before that day were comprised in the Naga Hills-Tuensang Area and thereupon the said territories shall cease to form part of the State of Assam.
(2) Without prejudice to the power of the State Government to alter after the appointed day, the name, extent or boundaries of any district, the State of Nagaland shall consist of three districts to be called the Kohima district, Mokokchung district and Tuensang district, each comprising the areas respectively set out in the Schedule.
(2) Without prejudice to the power of the State Government to alter after the appointed day, the name, extent or boundaries of any district, the State of Nagaland shall consist of three districts to be called the Kohima district, Mokokchung district and Tuensang district, each comprising the areas respectively set out in the Schedule.
Section 4 Amendment of First Schedule to the Constitution.
As from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES"—
(a) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:—
"and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962";
(b) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland . . . . . The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962".
(a) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:—
"and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962";
(b) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland . . . . . The territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962".
Section 5 Amendment of Sixth Schedule to the Constitution.
As from the appointed day, in the Sixth Schedule to the Constitution—
(a) in paragraph 20—
(i) sub-paragraph (2B) shall be omitted;
(ii) in sub-paragraph (3), the brackets and words "(other than the Naga Hills-Tuensang Area)" shall be omitted;
(b) in the Table appended to paragraph 20, in Part B, the item "2. The Naga Hills-Tuensang Area" shall be omitted.
(a) in paragraph 20—
(i) sub-paragraph (2B) shall be omitted;
(ii) in sub-paragraph (3), the brackets and words "(other than the Naga Hills-Tuensang Area)" shall be omitted;
(b) in the Table appended to paragraph 20, in Part B, the item "2. The Naga Hills-Tuensang Area" shall be omitted.
Section 6 Representation in Council of States.
As from the appointed day—
(a) there shall be allotted one seat to the State of Nagaland in the Council of States;
(b) in the Fourth Schedule to the Constitution, in the Table—
(i) entries 16 to 19 shall be renumbered as entries 17 to 20;
(ii) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland. . . . . . . . . . . . . . .1",
(iii) at the end, for the figures "224", the figures "225" shall be substituted.
(a) there shall be allotted one seat to the State of Nagaland in the Council of States;
(b) in the Fourth Schedule to the Constitution, in the Table—
(i) entries 16 to 19 shall be renumbered as entries 17 to 20;
(ii) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland. . . . . . . . . . . . . . .1",
(iii) at the end, for the figures "224", the figures "225" shall be substituted.
Section 7 Election to fill vacancy.
As soon as may be after the appointed day, there shall be held an election to fill the seat allotted to the State of Nagaland in the Council of States.
Section 8 Term of office.
The term of office of the member for the first time elected to fill the seat allotted to the State of Nagaland in the Council of States shall expire on the 2nd day of April, 1968.
Section 9 Representation in House of the People.
(1) As from the appointed day—
(a) there shall be allotted one seat to the State of Nagaland in the House of the People;
(b) in the First Schedule to the Representation of the People Act, 1950 (43 of 1950),—
(i) the entry "25. Naga Hills-Tuensang Area. . . . . . . . .1" shall be omitted;
(ii) entries 16 to 24 shall be renumbered as entries 17 to 25;
(iii) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland. . . . . . . . . . . . . . .1".
(2) The whole of the State of Nagaland shall form one parliamentary consituency to be called the parliamentary constituency of Nagaland for the purpose of filling the seat allotted to that State in the House of the People.
(3) For the period referred to in clause (2) of article 371A, section 13D of the Representation of the People Act, 1950 (43 of 1950), shall apply in relation to the parliamentary constituency of Nagaland with the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of the said parliamentary constituency which comprises the Tuensang district and the provisions of Part III of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency.
(a) there shall be allotted one seat to the State of Nagaland in the House of the People;
(b) in the First Schedule to the Representation of the People Act, 1950 (43 of 1950),—
(i) the entry "25. Naga Hills-Tuensang Area. . . . . . . . .1" shall be omitted;
(ii) entries 16 to 24 shall be renumbered as entries 17 to 25;
(iii) after entry 15, the following entry shall be inserted, namely:—
"16. Nagaland. . . . . . . . . . . . . . .1".
(2) The whole of the State of Nagaland shall form one parliamentary consituency to be called the parliamentary constituency of Nagaland for the purpose of filling the seat allotted to that State in the House of the People.
(3) For the period referred to in clause (2) of article 371A, section 13D of the Representation of the People Act, 1950 (43 of 1950), shall apply in relation to the parliamentary constituency of Nagaland with the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of the said parliamentary constituency which comprises the Tuensang district and the provisions of Part III of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency.
Section 10 Provision as to sitting member.
The sitting member of the House of the People representing, immediately before the appointed day, the Naga Hills-Tuensang Area shall, as from that day, represent the State of Nagaland in that House and shall continue to do so until a person is elected in accordance with law to fill the seat allotted to the parliamentary constituency of Nagaland.
Section 11 Strength of Legislative Assembly.
(1) The total number of seats to be filled by persons chosen by direct election in the Legislative Assembly of Nagaland shall be 60:
Provided that for the period referred to in clause (2) of article 371A, the total number of seats in the Legislative Assembly of Nagaiand shall be 1 [52], of which—
(a) 2 [twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State of Nagaland.
(2) In the Representation of the People Act, 1950 (43 of 1950),—
(a) in section 7, the following proviso shall be inserted at the end, namely:—
"Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of Nagaland shall be 46, of which—
(a) six seats shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council referred to in that article from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State of Nagaland.;
(b) in the Second Schedule, after entry 14, the following entry shall be inserted, namely:—
15. Nagaland..... [60 for the period referred to in clause (2) of articles 371A, 46].".
(3) In the Representation of the People Act, 1951 (43 of 1951), in section 5, in clause (c), the following proviso shall be inserted at the end, namely:—
"Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.".
(4) The Election Commission shall delimit the assembly constituencies in accordance with the provisions of the Constitution on the basis of the latest census figures, and in doing so the Commission shall have regard to the following provisions, namely:—
(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication, public convenience and linguistic affinities of the people,
(b) all constituencies shall be single-member constituencies, and
(c) the population of each constituency shall not, as far as practicable, be more than six thousand.
(5) For the purpose of assisting the Election Commission in the performance of its functions under this section, the Commission shall associate with itself five persons of whom three shall be elected by the members of the Interim Body established under section 3 of the Nagaland (Transitional Provisions) Regulation, 1961 (Regulation 2 of 1961), from among themselves and two shall be nominated by the Central Government:
Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.
(6) The Election Commission shall—
(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them in the Official Gazette of the State of Assam and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine the matters mentioned in sub-section (4) by one or more final orders and cause such order or orders to be published in the Official Gazette of the State of Assam; and upon such publication the order or orders shall have the full force of law and shall not be called in question in any court;
(d) amend the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, so as to include therein the parliamentary constituency of Nagaland and the assembly constituencies delimited under this section.
Provided that for the period referred to in clause (2) of article 371A, the total number of seats in the Legislative Assembly of Nagaiand shall be 1 [52], of which—
(a) 2 [twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State of Nagaland.
(2) In the Representation of the People Act, 1950 (43 of 1950),—
(a) in section 7, the following proviso shall be inserted at the end, namely:—
"Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of Nagaland shall be 46, of which—
(a) six seats shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council referred to in that article from amongst themselves in such manner as the Governor, after consulting that council, may by notification in the Official Gazette specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State of Nagaland.;
(b) in the Second Schedule, after entry 14, the following entry shall be inserted, namely:—
15. Nagaland..... [60 for the period referred to in clause (2) of articles 371A, 46].".
(3) In the Representation of the People Act, 1951 (43 of 1951), in section 5, in clause (c), the following proviso shall be inserted at the end, namely:—
"Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.".
(4) The Election Commission shall delimit the assembly constituencies in accordance with the provisions of the Constitution on the basis of the latest census figures, and in doing so the Commission shall have regard to the following provisions, namely:—
(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication, public convenience and linguistic affinities of the people,
(b) all constituencies shall be single-member constituencies, and
(c) the population of each constituency shall not, as far as practicable, be more than six thousand.
(5) For the purpose of assisting the Election Commission in the performance of its functions under this section, the Commission shall associate with itself five persons of whom three shall be elected by the members of the Interim Body established under section 3 of the Nagaland (Transitional Provisions) Regulation, 1961 (Regulation 2 of 1961), from among themselves and two shall be nominated by the Central Government:
Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.
(6) The Election Commission shall—
(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them in the Official Gazette of the State of Assam and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine the matters mentioned in sub-section (4) by one or more final orders and cause such order or orders to be published in the Official Gazette of the State of Assam; and upon such publication the order or orders shall have the full force of law and shall not be called in question in any court;
(d) amend the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, so as to include therein the parliamentary constituency of Nagaland and the assembly constituencies delimited under this section.
1 Subs. by Act 61 of 1968, s. 3, for "46" (w.e.f. 31-12-1968).
2. Subs. by s. 3, ibid., for "six seats" (w.e.f. 31-12-1968).
2. Subs. by s. 3, ibid., for "six seats" (w.e.f. 31-12-1968).
Section 12 Rules of procedure.
The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of Assam shall, until rules are made under clause (1) of article 208, have effect in relation to the Legislative Assembly of Nagaland, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
Section 13 Common High Court for Assam and Nagaland.
(1) As from the appointed day,—
(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be called the High Court of Assam and Nagaland (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) Expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated between the State of Assam and the State of Nagaland in such proportion as the President may by order determine.
(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be called the High Court of Assam and Nagaland (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) Expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated between the State of Assam and the State of Nagaland in such proportion as the President may by order determine.
Section 14 Provision as to Advocates.
(1) As from the appointed day,—
(a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely:—
"(b) for the States of Assam and Nagaland and the Union Territory of Manipur, to be known as the Bar Council of Assam and Nagaland;";
(b) the Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland.
(2) Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Assam shall be entitled to practise as an advocate in the common High Court.
(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and Nagaland.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam:
Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the right of audience shall be determined with reference to their respective dates of enrolment as advocates.
(a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely:—
"(b) for the States of Assam and Nagaland and the Union Territory of Manipur, to be known as the Bar Council of Assam and Nagaland;";
(b) the Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland.
(2) Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Assam shall be entitled to practise as an advocate in the common High Court.
(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and Nagaland.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam:
Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the right of audience shall be determined with reference to their respective dates of enrolment as advocates.
Section 15 Practice and procedure in common High Court.
Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Assam shall, with necessary modifications, apply in relation to the common High Court.
Section 16 Custody of Seal of common High Court.
The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Assam shall, with necessary modifications, apply with respect to the custody of the Seal of the common High Court.
Section 17 Form of writs and other processes.
The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.
Section 18 Powers of Judges.
The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Assam and with respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply in relation to the common High Court.
Section 19 Principal seat of common High Court.
The principal seat of the common High Court shall, unless otherwise determined by the Chief Justice after consultation with the Governors of Assam and Nagaland, be at the same place as the principal seat of the High Court of Assam immediately before the appointed day.
Section 20 Procedure as to appeals to Supreme Court.
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Assam and the Judges and division courts thereof shall, with necessary modifications, apply in relation to the common High Court.