Nagaland Village and Area Councils Act, 1978 (Act No. 1 of 1979)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Nagaland Village and Area Councils Act, 1978 Act 1 of 1979 Keyword(s): Assembly, Village Council Village Development Scheme, Customary Law, Administration of Justice Amendments appended: 6 of 1987, 7 of 1990, 7 of 2002 THE NAGALANO VILLAGE AND AREA COUNCILS ACT, 1978 (NAGI\LANO ACT. NO. l OF 1979) (Received tire asse11t of the Governor on the 9th March, 1'179 and pubfished ill the Nagala,id Gazette extraordinary diue.d the 1301 March, 1979) An To consolidate aad amend the law relating to con..i;titution of Village and Arca Councils in Nagaland and fo regulate their duties and functions and for mau.crs connected therewith. It is hereby coacted in tbe twenty-11wtb year of the Republic of lndia as foUow.s : Short Title1 extent and comm,ncement 1. (1) This Act may be called lhe N:igaland Village and Area Councils Act, 1978. (2) ft extends to whole of Nagaland. (3) It shall come into for("e on such date as the State Government may by nulificatioo in the Gazette, appoint, and different dates may be appoinl~d for different provisions of this Act. Defioilfon 2. (a) In this Act unless the context otherwise requires "ap pmpdale authority'' or "competent authority" means an authority baving administrative jurisdiction with whatever designation called and notified by Government from time to time. (b) "Assembly" means the Nagaland Legislative Assembly. ( c) '"Gautte" or "the Gazette" means Nagaland Gazette" (d) "prescribed" me.ans prescribed by rules and made under this Act, (c) "State Government" meansthcGovcrnrneot of Nagaland. { 61 ) Chapter I VILLAGE COUNCIL 3. Constitutions : Every recognised Village shall have a Village Council. ExplanatJon Village means and includes an area recognised as a Village as such by the Gol/crnment of Nagaland. An area in order lo be a Village under thls act shall fulfd the following conditions namely : (a) The land in the area belong to the population of thal area or given to them by the Government of NagaJand, if the land in qucatioa is a Government land or is land given to them by the lawful owner of the land; and (b) The Village is established according to the usage and customary practice of the population of the area. 4. A Village Council shall consist of members, chosen by villagers in accordance with the prevailing customary practices and usages, the same being approved by the Stale Government, provided that hereditary village Chiefs GBs and Angs shall be ex- officio members of such Council and shall have voting right. Qualification for members 5. 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 25 years. 6. (a) Every Village Counci~ unless otherwise dissolved by the State Government, shall continue for five years from the date of appointment, provided I.hat the said period may be exti,nded by the State Government by a notification in the Gazette for a period not exceeding one year at a time. (b) All members shall bold 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 ; ( 62 ) Provided further lhal Village institutions which wern tradiliuna1ly c:3tablisbcd like the "Putu Menden" in Ao Arca and recognised as Village Council shall continue to function as Village Couucil according to rcspcclive custom and usage. Cbsirman 7. (1) The Village Council will choose a member as Chairman of the Council (2) During the absc11ce of the Cbairroan from any sitting of lhe Village Council a member oflhc Council nominated by the Chair-tnan shall act as Chairman. Seuetary 8. The Village Cou.acil may select and appoint a Secretary who may or may not be a member of the Council. If the Secretary is not a member of the Council, be shall have no voting rights. Power to remove members 9. (1) The Stale Government may remove any member of a Village Council from his office : ( a} Who is convicted of. any off cnce involving moral turpitude by a court of law, or (b) Who refuses to act, or become incapable of acting or {c) Who is declared to be insolvent, or (d) Who has been declared by notification in the Gau.tte to be disqualified for employment in the Public Service, or (e) Who without an excuse or sufficient ground in lhe opinion of the State Govcmmenl absents himself from the majority of meeting in a year of Village Council, or (f) Wbo has been guilty of misconduct, in discharge of his dutic5 or of any disgraceful conduct, and two third of the total members of the Village Council at a meeting recommend his removal. (2) No person wbo bas hecn removed from his office under clause (a) or clause ( d) or sub-section 1 (1) shall be eligible for re- elcctio.n except with the previous per mission of the State Government obtained l:>y such pcr~on in the prescribed manner. ( 63 ) Conduct of Business 10. The proced~e for the conduct of business in a Village Council shall be as ,nay be regulated from time to time by the Chairman thereof. The written record of the gist of its proceedings shall be maintained. 11. The Village Council shall meut once in every 3 months, provided that the Chairman may summon the meeting of the Council at any time if requisition is made by one-third of the members. · Powers and Duties 12. The Village Council shall have the following powers and duties : (1) to formulate Village Development Schemes, to supervise proper maintenance of water supply, roads, forest, sanita tion, education and other welfare activities : (2) to help various Government agencies in carrying oul development works in the Village. (3) to take development works on its own initiative or on request by the Government. (4) to borrow .money from the Government, Banks or finan cial institutions for application in the development and welfare work of the Village and to repay the same with or without interest as the case may be. (5) to apply for and receive grant-in-aid, donations, subsidies from the Government or any agencies. (6) to provide security for due repaymont of loan received by any permanent resident of the Villages from the Government, Bank or finaDcial institution. (7) to lend money from its funds to deserving permanent residents of the Village and to obtain repayment thereof with or without interest, (8) to forfeit the security of the individual borrower on his default in repayment of loan1 advanced to him or on his commission of a breach of any of the terms of loan agreement entered into by him with the Council and to dispose of such security by public auction or by private sale; ( 64) (9) to enter into any loan agreement with Lhc Government Bank and financial institutions or a permanent resident of the Village. (10) to realise registration fees for each litigation within its jurisdiction. (11) to raise fund for utility service within the Village by passing a resolution subject to the approval of the State Government. Provided that all monetary transactions shall be conducted through a schedqled Bank or the Nagaland Slate Co-operative Bank, (12/ to constitute Village Developmcnl Board; (13) power to do certain acts in the event or an epidemil'. On the outbreak of an epidemic or infectious disease Village Council shall initiate all preventive measures. Administration of Justice 14. (1) The Village Council constituted under the law in force from time to time shall administer justice within the Village limits in accordance with the customary law and usages as accepted by the canons of justice established in Nagaland and the law in this resptcl as enforced from time to time. (2) In case of disputes hclween villugcs falling in different areas or districts, two or more Village Councils may settle a dispulc 1n a joint session or refer it lo Lhc appropriate aulhority. Village Administration 15. (1) The Village Council shall be auxiliary to the administra tion and shall have full powers lo deal with internal administration of the village. (a) maintenaace of law and order. (b) in serious case offender may be arrested but such person should be handed over lo the nearest Ad ministrative Officer or Police Station without unJ uc delay; (c) to report to the nearest Administrative Officer oc currance of any unnatural death or serious accident; ( 65) (d) lo inform the presence of ~trangers, vagabonds or suspeds to the nearest Administrative Officer or Police Station; (e) to enforce order~ passed by the competent authorit}' on the village as a whole; (I) to report outbreak of epidemics to the nearc.sl Administrative Officc:r rir Medical Officer; (g) no lransfer of im111ovable property shall be affe1,;ktl without th~ con~cnt of the Village Council. Written record of this shall be maintained by the Village Council. Disqunlificatfon 16. A person shall be disqualified from being selected as and for being a member of Village Council : (1) If he is unsound mind and stands so declared by th.e competent court or such authority as may be recognised by the State Government ; or (2) If he is not a citizen of India or has voluntarily acquired citiztnship of foreign nation or is under acknowk:dgcment or allegiance lo a foreign nation; or (3) if he has been convicted by a court in India for an offence:: and sentenced to imprisonment for nol less than two years unless a period of five ye,;rs or such less period as the State Government may allow in any par ticular case, has elapsed since his release; or ( 4) if having held an office under any Council he has been found guilly of corruption, disloyally or breach of such Council laws, unless a period of five years or such less period as the State Government may determine in any part:eular case has elapsed ~ince his becoming so dis qualified ; or (5) if he is an undischarged insolvent; or (6) if he is a salaried Government servant or employee of an Area Council ; or {7) if he ah.stains himself from the majority of the meeting in a year and is unabie to explain such absence to the satisfaction of the Council; or (8) if he is a member of any other Village Council; or ( 66 ) (9) i[ he has been dismissed from the service of the Govern ment or any other local authority for misconduct, unless a period of five years has elaspscJ from the date of dismissal 17. If any question arises as to whether a member of Village Council has been subject to disqualifo;ation, the question shall be referred to the decision of the Slate Government whose decision thereon shall be final. 18. A seat shall become vacant (I) when a member dies; or (2) when a member resigns his seat in writing under his own han~; or (3) when a member is removed by the State Oovern ment on becoming disqualified. Filling or Casual Vacancy 19. When a seat becomes vacant, the Chairman shall call upon the Village concerned to choose a member. 20. When 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. Zl. 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 use and be used 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 tht: purposes of this Act. Control of Village Council 22. Subject to the General superintendence of the State Govern ment/the Deputy Commissioner/the Additional Oepuly Com missioner or Sub-divisonal Officer (Civil) in-charge of the Sub-Division, Extra Assistant Commissioner or Circle Officer shall have control over all the Village Councils within his jurisdiction. Constitution Chapter II AREA COUNCIL 23. There shall be an Area Council for each Area to.be notified by the State Government in the Gazette. ( 67 ) Composition 24. (1) The Area Coundl shaU consist of members -elcdcd by the Village Council in proportion of one member for population of 500 and part thereof not below 250 : Provided that a recognised Village with populatioa of lc~s tha.o 500 hut having at least 250 shall be l't:prt:scnted by one member : Provided further that a group of eontiguous small recognised Villages may together elect a member to the Area Council having the same territorial jurisdiction on the basis of 250 population. In the event of an Arca Council member to be elected by more than one Village, the members of the Village Councils shall be determined in proportion to the population of such vi11ages. (2) In the smaller Towns where there ,s no recognised Town Committees, an Area Council member can be elected in proportion of one member for every 500 people and part thereof not below 250. The election shall be carried out by an Ad-hoc Committee of the towns people themselves to be constituted for the purpose by the local Administrative Orficcr. (3) There shall also be two persons nominated by the State Government as members, une of whom shall be a woman ordinarily resident of the Area. Qualification for membership 25. A person shall not he ()Ualified to be elected a5 a mernber of an Arca Council unless. he : (1) is a citizen of India; (2) has attained the agi: of 25 years; and (3) is a member of a Village Couoc il. Chairman 'M. (1) ihere shall be a Chairman clcctct.l from among the members of the Arca Council. (2) During the ahsence of the Chairman from any sitting of the Arca Council a member of the Council nominated by the Chairman shall act as Chairman. (3) Every Chairman shall be Ex--officio member of the District Planning Board. Executive Officer and Secretary 27. The Local Administrati1;e Officer !:hall he the Ex-officio Executive:: Officer and Secretary to the Arca Council. { 68) Tenaure of Member 28. Every Area Council unless otherwise dissolved by the State Government shall continue for five yc:ars from the dale of appointment. Providc-:d 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: Prmided furlh.er th.at a member elected lo fill a casual vatancy sh.all hold oftice for the remainder of the term uf offke of the member whom lie replaced. Power to Remove Member 29. (1) 'Ihe State Government may remove any member of an Area r.(luncil from his o(lice : (a) who is convicted of any offence involving moral turpitude hy a court of law ; or (b) who refuses to act, or becomes inc~pable of acting; or ( c) who is declared to be insolvenl ; or (d) who lrns. been dccl.ircd by notificalioo in Gazette to he disqualified for employment in the public service ; llr (e) who without an excuse sufficient in the opinion of the State Government, absents himself from the majority of meeting, in a year of the Area Council; or (f) who has been guilty of mi:mmduct in discharge of his duties or of any disgraceful conduct .u1d two third of the total number of the members of the Arca Council at a meeting recommend his removal. (2) No person who has bc<on removed frmr, his office under clause (a) or clause ( d) of sub-section ( l) shall be eligible for re- election except with the previous permis.-.ion of the State Government obtained by such person in 1bc prescribed manner. Power to do Certain Ac:S in the Event or ao Epidemic 30. On the outbreak of an epidemic or infectious disease, the Area Council shall initiate all preventive measures within its jurisdiction. ( 69 ) Session 31. An Area Council shall meet at least twice and not more than four times in a year. Conduct of Business 32. The procedure for the conduct of business in an Arca Council shall be, HS may be regulated by rules made from lime to lime by the Stale Government. Power and dulits 13. (1) The Arca Council shall e:\aminc the development scheme formulati;d by various Councils within its jurisdiction and after coordinating and con sol id at ing all such scheme:o; into one for the Arca submit il to the appropriate authority with its recommendation and priorities. FuoJ (2) The Arca Council shall seltlc dispute : (a) if it is voluntarily referred to it by two or more contesting Village Cnuncils; or (b) if required lo do ~o by the Deputy Commissioner; State Government; or ( c) any other matter referred In it hy any other authority 34. (1) The funds of the Arca Council shall wnsist of grants or subsidies. (2) The regular maintenance of accounls of the Area Council fund and its safe custody shall be the duty of its Executive Officer. (3) The funds of Arca Council shall be maintained and transactc<l lhroug!1 a Scheduled bank or Nagaland Stale Co-operative Bank only. Disqualification 35. A person shall be disqualified from being elected as and for being a member of an Area Council : (1) if he is of unsound mind and stands so declared by the coa1petent court or such authnrity as may be recognised by lhc State Government, or (2) if he is not a citizen of Jndia or has voluntarily acquired citizen~hi p of foreign oat ion or is under acknowledgement of allegiance to a foreign nution, or ( 70 ) (3) if he lias been convicted by a CouTl in India for an offcncl!- and sentenced to imprisonment for not less than two years, unless a period of fiw years or such less period as the Stale Government may allow in any p11r ticular case, has elapsed since his rck;1sc; or {4) if having held an office under any Council he has been found guilty of corruption, disloyalty or breach of such Council laws; unless a period of five years or such less period as the State Government may clclcrmine in any particular case has elapsed since his becoming so dis qualified: or (5) if he i), an undischarged insolvent; or (6) if he is a salaried Government servant or employee of .i.n Arca 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 Arca Council; or (9) if he has been dismissed from the scr,ke (lf the Govern ment or any other local authority for misconduct; unless a period of five years has elapsed from the date of disnussal. ( 10) if and- for so long as, thcTe subsists a contract ,;ntcrcd into by him in the course of his trade or business wilh the State Government for tbe supply of goods, or for the execution of any work undertaken by lhe Government. Decision oo Question of Disqualilication of Member 36. If any question arises as to wheLhcr a member of an Arca Council has been subject to disqualification, the question shall be referred tc> the decision of the State Government whose decision thereon shall be final. Vacation of Member's Seat 37. A seat shall become vacant : ,{1) When a member dies, or (2) when a member resigns his scat in writing under his own hand; or (3) when a member is removed by the State Government on becoming disqualified. ( 71 ) Vacation or Office or Chairm;m 38. 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 in writing under his own hand addres.~e<l 10 the Secretary uf U1e Area Council; or (3) wllen a resolution is passed by lhe Area Council presided over by the Executive Officer of the Council removing him from office by a vote of two-third 0£ the total membership of the Council. Filling of Casual Vacancy 39. When .i seat becomes vacanl, the Chairman shall : (1) notify the vacancy in Gazette~ and (2) call upon the Village Council concerned to elect a new member. Election Disputes 40. [f a dispute ari:-.cs as lo tbe election of any member of an Arca Council, the matter shall be referred to the State Govcrnmcnl whose dcc.:ision tb.ercon shall be final. Incorporation 41. Every Arca Council shaU be a body corporate by the name of lhc Arca for which il is constituted and shall have perpetual succession and a con~mon seal, and shall by the said name use and be used th.rough its Chairman with power to acquire, hold and dispose of property both movable and immovable and lo contract and Lo do all other things, necessary for the purpose uf this Act. Control of Arca Council 42. Subject to the C.eneral supe"rintendcnce and control, of tbe Slate Government, the Deputy Commissioner, 1hc AdditionaJ Deputy Commissioner or the Sub-DivisionaJ Officer (Civil) shall bave control over all the Arca Councils within tbeir jurisdiction. ( 72 ) Chapter III MISCELLANEOUS Cooidtutlon of' State Level Advisory Board 43. (a) (1) The State Government may constitute by notification in the official Gazette, a Board consisting of the following members, namely: Chairman - Minister-in-charge (Councils) Members - 1. Agricultural Production Commissioner 2. Secretary (Finance) 3. Secretary (Home) - Member Secretary 4. Three Members nominated by the State Government (like member of Legislative Assemb ly) . (2) Four of the members attending any meeting of the board shall form the quorum for the purpose of transacting the business of lh.a t meeting of the board, (3) AU members of the Board including the nominated members shall have orie vote each aad the Chairman shall have a easting vote in case of a tie. ( 4) In the absence of the Chairman, the members present sball elect one among themselves. to preside over the meeting. 44. Any non-official member may at any time resign his office and bis resignation shall be effective immediately it is accepted by the State Government. 45. The term of office of any non-official member shall be three years: Provided that in case of membrrs representing the Legis)aturn or Local Authorities their terms of office.shall terminate as soon as they ceas~ to be members of such Legislature or Local Authority, as the case may be. 46. (1) The term of office of non-financial members shall com mence 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. ( 73) 47. The State Government may remove from 1he 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 lhe pubUc interest. Provided that when the State Government proposes to take action under the foregoing provisions of this sec.lion, 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. 48. (1) When the place of a member nominated by the State Government becomes vacanl by his resignation, n:moval or death the State Government shall appoint a person to fill the vacancy. (2) The term of office of a member, nominated und.er sub-seclion {1) shall be the remainder of the term of office of the member in whose place he has been nominated. Pmn:rs and duties of the State Level Advisory bm1rd 49. The State Level Advisory board shall (i) review from time to time working of various ViUagc 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. 50. (1) The State Govcrrtment may by notificacioo in the Gazelle make rules consistent with this Act, to carry out the purpose or this act. (2) In particular and without prejudice to the generality of foregoing powers, such rules may provide for the fo\. lowing 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 ; ( 74 ) Ktpeal ( d) appointment of Officers and staff of the Arca Coun ~ils and their condition of service ; (e) custody and disposal of Area Council funds ; (f} proce,:lure for maintenance of accounts and audit ; (g) proceduce 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 viUage and Arca Councils. (3) Every rule made UDder this section shall be la.id. as soon as maybe, 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 inimcdialdy foUowingt the Nagaland Legislative Assembly agree in making any modification ir:i the ru1c shall thereafter have effect onJy in such modified form or be of no effect as the case may he, ~o that any such modification or annulment shall be without prejudice to the validity anything previously done under this rule. 51. The NagaJand Village, Area and RegionaJ Councils Act, 1970 (The Nagaland Act no 2 of 1971) aiall stand repealed ; Provided that such repeal shall not affect ; (a) the prevfous operation of the said AcL or anything duly done or suffered thereunder ; or (b) and right, privilege, obligation or liability acquired; ac crued 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 o[ any such right1 privclege1 obligation, liability, penalty, forfeiture or punishment as aforesaid; Provided further that anything done or aDJ action taken including any appointment or delegation made, instruction or direction made, certificate or registration granted under tho Act hereby repealed :shall be deemed to have beeo done or taken under t!i,e ( 75 ) corresponding provision of this Act and shall continue Lo be in force accordingly unless and until superseded by anything done or any action taken under this act. Savings 52. All powers, rights and duties given by this act shall be in addition to and not in derrogaticn 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. Power to Remove Difficulties 53. (1) If any difficulty or doubt arises in giving effect 10 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 appt!ars 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 finaJ. (2) Every order made under this section shall be laid as soon as may be after il is made, before the Assembly while it is in session for a totaJ 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 ao 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. DissolutJon 54. (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 functkm 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. ( 76) (2) when the Village or Area Council is dissolved under provisions of sub-section (1) : ( a) alt members 11otwithstanding that their term of office bas not expired, shall from the date of dissolution vacate their office as such members. (b) all powers and duties of the ViJlage or Arc.a Council shall during the period of dissolutio11 be exercised by such person or persons as tile State Government may appoint in this behalf. (c) all funds and other property vested in the Village or area Council sbaU during the period of di5solutioo vest in the State Government; and (d). as soon as the period of dissolution expires, the Village or Area Council shall be reco!lstitutcd in accordance with the provisions of Ibis Act. (3) Every order made under this si;ction shall be iaid as soun as may be after ~t is made, before the assembly whilt. it is in session for a totaJ period of seven days which may be comprised in one session or in two successive session.sand if before the expiry of the session in which il is so laid or the session immediatd:,r 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 prejudjce to the vatidity of anything previously don~ under this order. { 77) THE NAGALAND VILLAGE AND AREA COUNCILS (AMENDMENT) ACT 1985. (NAGALAND ACT NO. 6 OF 1987) (Received the assent of !he Govemor on 7th Apti~ 1987) An Act .to amend the Nagaland Village and Area Councils Acl, 197H. It i; hereby enacted by the Nagaland State Legislature in the thirty sixth year of the Republic of India as· follows : 1. Short title, extent and comrueucement. (1) This Act may be called the Nagaland Village and Area Councils (Amendment)· Act, 1985. (2) It extends lo whole of State of Nagaland. 0) It shall come inlo force un such date as lhe State Governmenl may be notification in the Official Gazeue appoint. 2. Section 14 of the Nagaland Village and Area Councils Act, 197M (Act No. 1 of 1979) .'ihall be dcle!cd. 119 THE NAGALAND VILLAGE- AND AREA COUNCIL (SECOND AMENDMENT) ACT, 1990 (THE NAGALAND ACT, NO. 7 OF 1990) ( Received the assent of clle Governor of Nagaland 011 24-7-90 and published in clic Nagakmd Gazcue extraordinary , dated 9th March, 1992. An Act Further lo amend the Nagala.nd Village and Area Councils. Act, 1978. lt is hereby enacted by the NagaJand Legislative .A¥embJy ia the Forty First year of the Republic of India, as follows ! 1. Short title and comaumcemenL (1) This Act may be called the Nagafand Village and Arca Councils (Second Amendrnent) Act, 1990. (2) It e"1ends to the whole of the State of Nagalaod. (:.i J It shall come into force on such dates as the State Government may by notification in the Official Gazette appoint. 2. Aioendment of the title or the Nagaland Village and Area Coubclls Act, 1978. The Nagaland Village and Area Councils Act, 197B hereinafter called as the Principal Act, shall henceforth be called the Nagaland Village Council Acl, 1978. 3. Abolition of Are.a Councils. (1) Seclion 23 lo Section 42 of the Principal Act shall be deleted and Jhe Area Councils be abolished. (2) Subsequent to the aholition of Area Council, all assets and liabilities of the Area Council shall be the assets and IiabiJfries of the State Government. 189 THE NAGALAND VILLAGE COUNCIL (THIRD AMENDMENT) ACT, 2002. (Act No. 7 of 2002) Received the assent of the Governor on 01.10.2002 and published in the N agaland Gazette extra-ordinary dated. 29 .10. 2002. An Act to amend the Naga1and Village Council Act, 1978 (Nagaland Act No. 1 of 1979) Whereas it is considered expedient to provide for involvement of Village Councils in the Electricity Management System in the Villages; It is hereby enacted in the Fifty-third year of the Republic of India, as follows. 1. Short Title and commencement : 1 (i) This act may be called the N agaJand Vi Hage Council (third Amendment) Act. 2002. {ii) [t extends to the whole of N agal and. (iii) It shall come into force with immediate effect. 2. Amendment of Section 12 In Clause ( 1) of Section 12 of the Principal Act, the word. 'power' shall be inserted after the word 'roads' and before the word 'forest'. 3