The NAGALAND VILLAGE AND TRIBAL COUNCILS (5TH AMENDMENT) ACT,2022

The Nagaland Gazette 	 30, July, 2022 
PART-V 
NOTIFICATION 
Dated Kohima, the 20th  June 2022. 
NO.LAW/ACT/23-10/2022:: 	 The Nagaland Vil 1age and Tribal Councils (Fifth 
Amendment) Act, 2022 (Act No.4 of 2022) duly assented by the Hon'ble Governor of 
Nagaland on 12/5/2022 is published herewith for general information which shall come 
into for.e with immediate effect. 
Sd!- 
H. CHINGAI PANJA 
Under Secretary to the Govt. of Nagaland. 
An 
Act 
turn er to amend me Nagaland Village and Thba/ Councils Act 1978 
Be it enacted by the Nagaland Legislative Assembly in the 73 16  Year of the 
Republic of India as follows:- 
Short title, extent and commencement 
1. (I) This Act may be called The Nagaland Village and Tribal Councils 
(Fifth Amendment) Act, 2022, 
(II) It extends to the whole of Nagaland. 
(iii) It shalt come into force on such date as the State Government may by 
notification in the Gazette, appoint, and different dates may be appointed 
for different provisions of the Act. 
Amendment of Section 2 
2. In section 2 of the Nagaland Village and Tribal Councils Act, 1978 
(hereinafter referred as the Principal Act) after clause (c), the following 
clause shall be inserted, namely: - 
"(cc) Local Authority" means any authority, body, institution or 
agency set up under any Act, Rule or Regulation of the 
Government for discharging public functions." 
Amendment of Section 5 
3. In section 5 of the Principal Act, - 
(1) After clause (a), the following clauses shall be inserted, namely:- 
"(aa) Is an Indigenous inhabitant of the State, and 
(ab) is a permanent resident of the village, and" 

16 	 The Nagaland Gazette, Part-V 	 30, July, 2022 
Amendment of section 6 
4. 	 In Section 6 of the Principal Act, - 
(i) The heading "Tenure' shall be inserted before sub-section (a). 
(ii) For sub-section (a) of section 6, the following shall be substituted, 
namely:- 
(a) The process of formation of the Village Councils will get 
initiated with the issuance of a general notification by the 
Government, and the entire process should be completed within 
the period given in the said notification, which shall not be more 
than 3 (three) months. Every Village Council so formed will 
continue for a tenure of 5 (five) years, provided in case of any 
new Village Council being constituted during the interregnum 
period, the said Council shall continue for the remaining tenure 
as originally notified by the Government; 
Provided further that any dispute regarding the 
constitution of the Village Council or selection of any one as 
member of the Village Council, the matter shall be referred to 
the State Government whose decision thereon shall be final." 
Amendment of section 14 
5. 	 Section 14 of the Principal Act with Title "Administration of Justice" 
(deleted vide Nagaland Village and Area Councils (Amendment) Act, 1985 
(The Nagaland Act No.6 of 1987)), shall be re-inserted as under:- 
"Administration of Justice 
14. (1) The Village Council shall function as Village Court as 
envisaged under Rules of Administration of Justice and Police 
in Nagaland, 1937, as amended, and 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 respect as enforced from time to 
time. Further, any appeal against a decision of the Village Court 
shall tie with the Subordinate District Customary Court and 
District Customary Court as decided by the Area Administrative 
Officer or the Deputy Commissioner. 

30, July, 2022 	 The Nagaland Gazette, Part-V 	 17 
(2) In case of disputes between/among villages, the 
Deputy Commissioner, If the villages fall within the same 
district, or the Commissioner, Nagaland, if the villages fall in 
different districts, may take up the matter for settlement or 
refer the dispute to the appropriate authority for settlement." 
Amendment of section 16 
6. In section 16 of the Principal Act, - 
(I) 	 After clause (2), the following clause shall be inserted, namely:- 
"(2a) If he is not an indigenous inhabitant of the State or 
a permanent resident of the village." 
(ii) In clause (6), after the words "Government seivant the words "or 
employee of an Area Ccundll"shall stand omitted. 
Insertion of new section 
7. After section 27 of the Principal Act, the following section shall be inserted 
with title "Powers to make Rules', namely, - 
"Powers to make Rules 
27A. (1) The State Government may by notification in the 
Gazette make rules consistent with this Act, to carry out 
the purpose of this Act. 
(2) In particular and without prejudice to the generality 
of foregoing powers, such rules may provide for the 
following namely:- 
(a) Procedure for conduct of business of Village 
Councils; 
(b) Procedure for maintenance of accounts and 
audit; 
(C) 
	
	 Any other connected matter In respect of which 
It is necessary to make rules for the constitution 
and proper functioning of the Village Councils. 

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(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 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 
immediately following, the Nagaland Legislative 
Assembly agree in making any modification In the rule, 
the rule shall thereafter have effect only in such 
modified form or be of no effect as the case may be, and 
any such modification or annulment shall be without 
prejudice to the validity anything previously done under 
this rule" 
Sd!- 
Y. PATTON 
Deputy Chief Minister 
& 
Minister- in- charge Home Department 

30, July, 2022 	 The Nagaland Gazette, Part-V 	 19 
ANNEXUR  
EXTRACTS FROM THE NAGAL.AND VILLAGE AND TRIBAL COUNCILS ACT, 1978 
(NAGALAND ACT NO. 1 OF 1979) 
	
2. 	 Definitions 
In this Act unless the context otherwise requires:- 
(a) appropriate authority" or competent authority" means an authority 
having administrative jurisdiction with whatever designation called and 
notified by Government from time to time; 
(b) Assembly" means the Nagaland Legislative Assembly; 
(c) Gazette' or 'the Gazette" means Nagaland Gazette; 
(d)' Prescribed " means prescribed by rules made under this Act; 
(e) 'State Government" means the Government of Nagaland; 
(f)11tiibai councils" means the various tribal councils I hohos / unions / 
organizations existing in Nagaland, and being constituted by the various 
tribes in accordance with their respective traditions, customary practices 
and usages. 
* 
	
5. 	 Qualification for Members 
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 of 25 years. 
	
6. 	 (a) Every Village Council, unless otherwise dissolved by the State Government, 
shall continue for five years from the date of appointment; provided 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. 
(b) All members shall hold office during the life of the Village Council: 

20 	 The Nagaland Gazette, Part-V 	 30, July, 2022 
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: 
Provided further village institutions which were traditionally established like the t'Putu 
Menden in Ao area and recognized as Village Council shall continue to function as 
Village Council according to respective custom and usage. 
14. Deleted 
* 	 * 	 * 	 * 
16. Disqualification 
A person shall be disqualified from being selected as and for being a member of Village 
Council:- 
(1) if he is of unsound mind and stands so declared by the competent court or such 
authority as may be recognized by the State Government, or 
(2) if he is not a citizen of India or has voluntarily acquired citizenship of foreign 
nation or is under acknowledgement or allegiance to a foreign nation; or 
(3) if he has been convicted by a Court in India for an offence and sentenced to 
imprisonment for not less than two years unless a period of five years or such 
less period as the State Government may allow in any particular case, has 
elapsed since his release; or 
(4) if having held an office under any Council he has been found guilty or 
corruption, disloyalty or breach of such Council laws; unless a period of five 
years or such less period as the State Government may determine in any 
particular case has elapsed since his becoming so disqualified; or 
(5) if he is an undercharged insolvent; or 
(6) if he is a salaried Government servant or employee of an Area 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 Village Council; or 
(9) if he has been dismissed from the service of the Government or any other local 
authority for misconduct unless a period of five years has elapsed from the date 
of dismissal, 

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