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. 
Amendment of title of the act 
2. The title of the 'Nagaland Village Council Act 1978" shall henceforth be change, 
and be called as "the Nagaland Village & Tribal CouncilAct,l978. 
Instruction of sub-section (under section 2 of the principal act. 
3. The following sub-section (@hall be inserted under Section 2 ofthe Principal Act 
viz 
Section 2(t)"tribal council" means the various tribal councilsl hohos/unions/ 
organizations existing inNagaland, and being constituted by the various 
tribes in accordance with their respective traditions, customary practices 
and usages. 
Instruction of section 9(3) in the principal Act. 
4. The following section, to be titled as Section 9(3), shall be inserted &r Section 
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. 
Amendment of the heading under chapter I1 
5. In the headmg under chapter II ofthe Principal act, the words "Area Council" 
shall be submitted by the words "Tribal CounciP' 
Deletion of section 23 to 50 of the principal Act. 
6. Section23 to 50 of the principal act shall stand deleted. 
Insertion of the New Section23J4,25,26 &: 27 in the Principal act 
7. The following new section, viz section23,24,25,26 &27 shall be inserted in the 
principal act. as under: 
Section23: There may be aWTribal Council" for every recognizedNagatribe, 
and also one or more apex tribal council(s) comprising ofthe federation or union - 
of two or more tribal councils. 
Section24: The composition, tenure and method ofconsfitutionofthetribalcounc~ 
and apex tribal councils, their powers, duties and hctions etc. shall 
be as per the traditions, customary practices and usages of the tribes 
concerned. 
Section25: It shall be the duty of every tribal councilor apex tribal councils 
and apex tribal council to submit the name and addresses of its 
office bearers to the Deputy Commissioner ofthe 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 acknow-ledgement shall be deemed to the 
conveyance of Government's recognition to the tribal councilor apex 
tribal council. 
Section 26. In addition to their normal duties and functions, as may be prescribed 
in their respective constitutions, and1 or in accordance with their 
traditions ,customary practice and usages, every tribal council , 
includingthe 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 govemment to extent hmcial assistance 
or any other assistance ,as may be deemed fit, to any tribal council. 
Renumbering of section 51 to section 54 of the principal act 
10. Section 51,52,53,&54 of the principal act shall be renumbered as section 
28,29,30,&3 1 respectively of the amended act. 
Deletion of the words "Area council" from section 30 of the amended act (section 
54 of the old act.) 
1 1. The word "area council" wherever they appear under section 30 of the amended 
act (or section 54 ofthe old act) shall stand deleted. 

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