The Nagaland (Requisation of Porters) Act, 1965

NAGALAND ACT 7 OF 1965 
[THE NAGALAND (REQUISITION OF PROTERS) ACT, 1965.] 
Received the assent of the Governor on the 28th November, 1965. 
[Published in the Nagaland Gazette-Extraordinary, Dated 4th December, 1965] 
  An Act to provide for requisition of service of porters. 
 Preamble.- WHEREAS it is expedient to provide for requisition of porters during any 
emergency in Nagaland for public purposes including movement of stores and equipment 
essential to the life of the community and transport of Government stores and baggages in 
connection with movement of officials on duty within the State of Nagaland; 
 It is hereby enacted in the Sixteenth Year of the Republic of India as follows:- 
 Short title, extent and commencement.- 1. (1) This Act may be called the Nagaland 
(Requisition of Porters) Act, 1965. 
 (2) It extends to the whole of Nagaland. 
 (3) It shall come into force at once. 
 Definitions.- 2. Unless the context otherwise requires: - 
(a) “emergency” includes a situation whereunder, due to concerted action on the part 
of the people of any areas with a view to hamper the State Government: - 
(1) a public servant is unable to deal adequately with a calamity or threatened 
calamity such as fire, flood, famine, earthquake, violent, epidemics, epizootic 
diseases, invasions by animals, insects or vegetable pests for want of porters to 
carry any essential items of equipment and baggage; 
(2) movement of commodities, and stores and equipment deemed essential to the life 
of the community or to the maintenance of the law and order or prevention of any 
threat to peace, to a place not connected by “road” or rail is impeded for want of 
porters; or  
(3) movement of Police Forces, Assam Rifles or Units of the regular Armed forces to 
a place not connected by “road” or rail to deal with a breach of th peace, or any 
threat to law and order is impeded for want of porters to carry any essential items 
of equipment and baggages. 
(b)  “road” means a road over which the mechanically propelled vehicles can ply. 
Requisition of porters.- 3. (1) Any Deputy Commissioner in his district in Nagaland 
or any other officer authorized by him in writing in this behalf, may during an emergency, 
issue an order requisitioning the services of able bodied adult males for public purposes 
including movement of stores and equipment essential to the life of the community or 
maintenance of law and order and transport of Government stores, equipment and baggage in 
connection with movement of officials on duty within the State of Nagaland; 
Provided that in requisitioning such services no discrimination shall be made on 
grounds only of religion, race, caste or class or any of them; 
Provided further that payment shall be made for such service at rates not less than the 
normal daily rates of wages prevailing in the locality. 
(2) The circumstances under which a Deputy Commissioner or any other officer 
authorized by him in writing in this behalf exercises the powers conferred by sub-section (1) 
shall on every occasion be recorded by him in writing. 
(3) Nothing in this section shall be deemed to authorize a Deputy Commissioner or 
any other officer to requisition the services f porters to or from a place which is accessible by 
road or rail. 
Powers to make rules,- 4. (1) The State Government may make rules for the 
purposes of carrying out the provision of this Act. 
(2) In particular and without prejudice to the generality of the foregoing provisions, 
the rules made by the State Government may provide for all or any of the following matters, 
namely: - 
(i) the circumstances under which the services of porters should be requisitioned; 
(ii) the terms and conditions governing the employment of requisitioned porters; 
(iii) any other matter connected with or ancillary to the matters aforesaid. 
(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, and if before the expiry of 
the session in which it is so laid or the session immediately following, 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 have without prejudice to the validity of anything 
previously done under that rule. 
Penalty. – 5. If any person willfully disobeys any order issued under section 3 he 
shall be punishable with imprisonment which may extend to one year or with fine which may 
extend to five hundred rupees or with both. 
Appeal.- 6. Any order of conviction passed under this Act shall be appealable to the 
Court to which an appeal ordinarily lies under any law for the time being in force from a 
sentence passed by a Court exercising the powers of a magistrate of the first class. 
Repeal and saving.- 7. (1) The Naga Hills District (Requisition of Porters) 
Regulation, 1953 (Regulation 11 of 1953) and the North East Frontier Agency (Requisition of 
Service as Porters) Regulation, 1954 (Regulation 2 of 1954) so far as it may be applicable to 
the Tuensang District are hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of 
any powers conferred by or under the said Regulations shall be deemed to have been done or 
taken in the exercise of the powers conferred by or under this Act as if this Act were in force 
on the date on which such thing was done or action was taken. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF NAGALAND 
LAW DEPARTMENT 
 
N O T I F I C A T I O N  
Dated Kohima, the 16th November, 1966 
 
No.JDL.94/64 : In pursuance of powers conferred under sub-clause (c) of Clause (2) of 
Article 371 A of the Constitution of India, the Governor of Nagaland, on the 
recommendations of the Regional Council for the Tuensang District, is pleased to direct that 
the Nagaland Land (Requisition and Acquisition) Act, 1965 (Act 3 of 1965) shall apply to the 
District of Tuensang in Nagaland subject to the following reservations; 
(a) The Acquisition, Requisition and Compensation of land in Tuensang District shall 
be done by a Board; 
(b) The Board shall consist of twelve members and shall be constituted by the 
Governor; 
(c) The Deputy Commissioner shall be Ex-Officio Chairman of the Board and shall 
nominate five members of the Board. 
(d) Six members of the Board shall be elected from amongst the members of the 
Regional Council and their terms of office shall run with the tenure of the 
Regional Council. 
 
 
 
 

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