The Nagaland Communitisation of Public Institutions & Services Act, 2002

476 
The Nagaland Communitisation of Public Institutions & Services 
Act 2002 
(Act No. 2 of 2002). 
Received the assent of the Governor of Nagaland on 27/03/2002 and 
published in the Nagaland Gazette Extraordinary dated: 15th ofApril, 2002. 
An 
-Act- 
Whereas it is expedient to provide for empowerment of the community and 
delegation of the powers and functions of the State Government to the local 
authorities by way of participation of the Community in matters connected with 
the management of local public utilities, public services and the activities of the 
State Government connected with education, water supply, roads, forests, 
sanitation, health and other welfare and development schemes and also to provide 
for promotion of community based schemes incidental thereto. 
It is hereby enacted in the Fifty second year of the Republic of India as 
follows: - 
	
1. 	 Short title, Extent and Commencement: 
(1) This Act may be called the Nagaland Communitisation of Public 
Institutions and Services Act, 2002. 
(2) It shall extend to the whole ofNagaland 
(3) It shall come into force of such date or dates as the State Government, 
may by notification, appoint for different parts of the State and for 
different sectors of public services- 
2. Definitions: 
(i) Appellate authority means the appellate authority Prescribed under 
section 8. 
(ii) Authorities means the authorities as may be called Board or Committee 
or any other nomenclature Constituted or declared under section 3. 
(iii) Fund means a fund established for the authorities Under-section 7. 
(iv) Rules means the rules made under section 11 
	
3. 	 Constitutions and Declaration of Local Authorities: 
The State Government may, by notification, constitute authorities as may be 
called Board or Committee or any other nomenclature or declare any of the 

477 
existing local authorities established under any law for the time being in force 
for a village or an area covering two or more villages to exercise the powers 
and to discharge the functions as provided under this Act. 
	
4. 	 Delegation of Powers and Functions: 
(1) The State Government or its authorities may, by notification, delegate 
the powers and functions of the State Government or its authorities, as 
may be specified, with respect to the management and operation of any 
of the public utilities and public services or the activities of the State 
Government connected with education, water supply, roads, forests, 
power, sanitation, health and other welfare and development schemes to 
the authorities constituted or declared under Section 3 of this Act. 
(2) The State Government or its authorities may also issue directions to the 
authorities constituted or declared under section 3 of this Act for 
implementing any specific scheme and policy that may be formulated 
with respect to any particular service or activities. 
(3) The authorities so constituted or declared under section 3 of this Act 
may also undertake any other social, cultural and educational activities 
not inconsistent with the provisions of this Act with due regard to the 
public interest and the requirement of innovative approach as well as 
optimum utilisation or resources. 
	
5. 	 Transfer of assets: 
Wherever required and in such manner as may be specified by the State 
Government the assets in relation to the public utilities and public services or 
the activities connected with the matters specified under section 4 vested in 
the State Government shall be transferred to the authorities constituted or 
declared under Section 3 of this Act and the same shall be managed by such 
authorities in such manner as may be specified by special or general order 
made in this behalf. 
	
6. 	 Officers and employees of authorities: 
(1) 	 The State Government may, by special or general order, direct that the 
officers and employees appointed by the appropriate authorities of the 
State Government on regular and substantive capacities and employed 
in connection with the services of activities specified under Section 4 of 
this Act be placed under the control of the authorities so constituted or 
declared under Section 3 of this Act to the extent specified by the State 
Government in this behalf. 
(2) 	 The conditions of service of the officers and a employees so place under 

478 
sub section (1) above shall not be varied except in accordance with any 
rules that may be made by the State Government in this behalf or an 
rules that may be made governing similar category of officers and 
employees at the commencement of this Act. 
(3) The Rules and Regulations applicable to the officers and employees so 
placed under sub-section (1) above shall continue to apply until 
repealed or amended. 
(4) The salaries and allowances of the officers and employees so placed 
under sub section (1) shall be borne by the State Government. 
(5) The authorities under Section 3 of this Act may engage such further 
employees as may be considered expedient and as may be permitted by 
the fund available at their disposal. 
Provided that the employees so engaged under this sub section shall not 
be deemed to be the employees of the State Government. 
(6) The authorities so constituted or declared under Section 3 of this Act, 
subject to the direction of the State Government as maybe specified by a 
special or general order, shall have the power to review the appointment 
of any employee including work-charged employee already employed 
at the comencement of this Act but not appointed on regular and 
substantive capacity in connection with any public utilities and public 
service or activities in respect of which the powers and functions had 
been delegated under section 4 of this Act. 
7. Fund 
(1) There shall be established a fund for the authorities so constituted or 
declared under Section 3 of this Act. 
(2) The fund so established under sub-section (1) above shall include the 
grants that may be made by the State Government in connection with the 
discharge of function so delegated with respect to a specific service or 
activity and any other fund that may be raised as may further be 
prescribed in this behalf. 
(3) The fund so established under sub-section (1) above shall be operated 
subject to the special or general directions that may be issued by the 
tate Government in this behalf. 
8. Appei[Revision 
(1) 	 An appeal against the decision of the authorities constituted or declared 
under Section 3 of this Act shall lie before the appropriate authority that 
may be prescribed in this behalf. 

479 
(2) The State Government or the authorities as may be authorised in this 
behalf may at any time call for and examine the records relating to any 
order passed or proceeding taken this Act by the authorities constituted 
or declared under Section 3 of this Act. 
Provided that no order shall be modified, amended or reserved unless a 
notice has been served on the parties interested and opportunity given to 
them for being heard. 
9. Power to inspect: 
An officer of the State Government, as may be authorised in this behalf, may 
enter upon or into and inspect or for the purpose of his own inspection cause 
any other person upon or into any immovable property, or any work in 
progress under the orders, or any institution under the control and 
administration of the authorities under Section 3 of this Act and call for and 
inspect any book or document which may be, for the purpose of this Act, in 
the possession or under the control of the above said authorities. 
10. Power to supersede: 
If in the opinion of the State Government, an authority under Section 3 is not 
competent to perform or persistently makes default in the performance of 
duties imposed on it or under this Act or exceeds or abuses its powers, the 
State Government may, by order, stating the reasons for so doing, declare 
such authority to be incompetent or in default or to have exceeded or abused 
its powers, as the ease may be and supersede it for a period to be specified in 
the order or dissolve the authority and order fress constitution or the authority 
or direct that any other authority shall carry out the function of such authority 
so superseded to the extent as may be specified in this behalf. 
11. Power to make Rules: 
The State Government may, by notification, make rules for the purpose of 
carrying out the provisions of this Act. 
12. Power to remove difficulties: 
(1) If difficulty or doubt arises in giving effect to the provisions of this Act, 
the State Government may, by order published in official Gazette, make 
any provision, not inconsistent with the purpose of this Act as appears to 
it to be necessary or expedient for removing the difficulty. 
Provided that no such order shall made after the expiry of a period of 
two years from the date of coming into force of this Act. 
(2) Every order made under sub-section (1) above shall, as soon as may be, 
after 4 is made, be laid before the LegislativeAssembly7 of the State. 

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