 the state of nagaland bill, 1962(as introduced in lok sabra - on 21st august, 1962) t' a 1't u a ~r i n 'f li ciftai'u n~)'j'  ~  ,  ,   i)ii(,( ~l:  u~l~_  arrangement of clauses part i clauslis preliminaryi short title 2 definitions:  part ii formation of the state of nagaland3 formation of state of nagaland 4 amendment of first schedule to the constitution s amendment of sixth schedule to the constitution    part iii rlipresbntation in the legislaturesth8 council of states 6 representation in council of states 7 bye-election to fill vacancy 8 term of office the house of the people 9 representation in house of the people 10 provision as to sitting member  th8 legislative assemblyii strength of legislative assembly 12 rules of procedure  part iv high court13 common high court for assam and nagaland 14 provisions as to advocates is practice and procedure in common high court 16 custody of seal of common high court (i) 1439 (b) ls-1 clausbs 17 form of writs and other processes 18 powers of judges  19 principal seat of common high court 20 procedure as to appeals to supreme court 21 pending suits, appeals and proceedings  part v financial provisions22 authorisation of expenditure pending its sanction by legislature 23 distribution of revenues 24 property, assets, rights, liabilities and obligations 25 arrears of taxes  part vi ibgal and miscellaneous provisions26 continuance of existing laws and their adaptation 27 power to construe laws 28 provisions as to continuance of courts and of officers, etc 29 amendment of act 37 of 1956 30 effect of provisions of act inconsistent with other laws 31 power to remove difficulties 32 power to make rules 33 repeal the schedule  the state of nagaland bill, 1900 (as introduced in lok sabra)                                               a                                              bill to provide jor the formation of the state of nagaland and for matters                                   connected therewith be it enacted by parliament in the thirteenth year of the republic of india as follows: -part i preliminary 1 th~ act may be called the state of nagaland act, 1962 short title 2 in this act, unless the context otherwise requires,··-definitioll8 (a) "appointed day" means the day which the central government may, by notification in the official gazette, appoint; (b) "article" means an article of the constitution; (c) "assembly constitueillcy" and "'parliamentary constituency" have the same meanings as in the representation of the people act, 1950; (d) "law" includes any enactment, ordinance, regulation, older, bye-law, rule, scheme, notification or other instrument or custom or usage having the force of law; (e) "naga hill-tuensang area" means the naga hills-tuen-  sang area specified in part b of the table appended to paragraph  20 of the sixth schedule to the constitution, comprising the areas which at the commencement of the constitution were known as the naga hills district and the naga tribal area; <f) "regiqnal c9\mcil" means the regional council referred to in article 37la,  part ii formation of the state of nagalandformation of slate of  nagaland to (1) as fmm the appointed day, there shall be formed a new state to be known as the state of nagaland comprising the territories which immediately before that day were compred in the naga 5 bills-tuensaug area and thereupon the said territories shall cease to form part of the state of assam (2) without prejudice to the power of the state government to alter after the appointed day; the name, extent or boundaries of any district, the state of nagaland shall consist of three districts 10 to be called the kohima district, mokokchung district and tuensang district, each comprising the areas respectively set out in the schedule amendment 4 as from the appointed day, in the first schedule to the conof fint stitution, under the heading "i the states",- schedule to ~~~ti-(a) in the paragraph relating to the territories of the state is of assam, the following shall be added at the end, namely:-"and the territories specified in sub-section (1) of section 3 of the st8lte of nagaland act, 1962"; (b) after entry 15, the following entry shall be inserted, namely:-20 "16 nagaland  the territories specified in sub-section (1) of section 3 of the state of nagaland act, 1962" 5 as from the appointed day, in the sixth schedule to the constitution-25 amendment of sixth schedule to the constitution (a) in paragraph 20-(i) sub-paragraph (2b) shall be omitted, (ii) in su~paragraph (3), the brackets and words" (other than the naga hills-tuensang area)" shall be omitted; (b) in the table appended to paragraph 20, in part b the 30 item 1/2 the,naga hills-tuensang area" shall be omitted  part iii representation in the legislaturesthe council of states 6 as from the appointed day-35 representation in council of states (a) there shall be allotted one seat to the state of nagaland in the council of states; (b) in the fourth schedule to the constitution, in the table-(i) entries 16 to 19 shall be renumbered as entries 17 to 20, (ii) after entry 15, the following entry shall be inserted, s namely:-"16 nagaland  :  1", (iii) at the end, for the figures "224", the figures "225" shall be substituted "i as soon as may be after the appointed day, there shall be held a bye-election 10 bye-election to fill the vacancy in the seat allotted to the state of :c:cy, nagaland in the council of states 8 the term of office of the member for the first time elected to term of fill the seat allotted to the state of nagaland in the council of states office shall expire on the 2nd day of april, 1968  is the hotule of the people9 (1) as from the appointed day-rje:7:nta-(a) there shall be allotted one seat to the state of nagaland hhouse of 1 ' i t e peop e 10 the house of the peop e; (b) in the first schedule to the representation of the people 20 act, 1950,-(i) the entry "25 naga hills-tuensang area  1" shall be omitted; (ii) entries 16 to 24 shall be renumbered as entries 17 to 25; 2s (iii) after entry 15, the following entry shall be inserted, namely:-"16 nagaland·  1" (2) the whole of the state of nagaland shall form one parliamentary constituency to be called the parliamentary constituency of naga-30 land for the purpose of filling the seat allotted to that state in the house of the people (3) for the period referred to in clause (2) of article 371a, section 130 of the representation of the people act, 1950, shall apply in relation tc the parliamentary constituency of nagaland with the modiftcais tion that it shall be necessary to prepare and revise separately the electoral roll for that part of the said parliamentary constituency which comprises the tuensang district and the provisions of part iii of that act shall apply in relation to the said part as they apply in relation to an assembly constituency provisiod ii to aittiq member 10 the sitting member of the house of the people representing, immediately before the appointed day, the naga hills-tuensang area shall, as from that day, represent the state of nagaland in that house s and shall continue to do so until a person is elected in accordance with law to fill the seat allotted to the parliamentary constituency of nagaland the legislative assembly e:r-tive of 11 (1) the total number of seats to be filled by persons chosen 10 aaembij by direct election in the legislative assembly of nagaland shall be 60: provided that for the ,period referred to in elause (2) of article 371a, the total number of seats in the legislative assembly of nagaland shall be 46, of wbich-(a) six seats shall be, allocated to the tuensang district and is shall be filled by persons chosen by the members of the regional council from amongst themselves in such manner as the governor, after consulting that council, may by notification in the official gazette specify, and (b) the remaining forty seats shall be filled by persons zo chosen by direct election from nssembly constituencies in the rest of the state of n agaland (2) in the representation of the people act, 1950,-43 of i9soo (a) in section 7, the following proviso shall be inserted at the end, namely: _ as "provided that for the perjod referred to in clause (2) of article 371a, the total number of seats allotted to the legislative assembly of nagaland shall be 46, of which-(a) six seats shall be allocated to the tuensang district and shall be filled by persons chosen by the 30 ~mbers of the regional council referred to in that article from amongst thetpselves in such manner as the governor, after consulting that council, may by notification in the official gazette specify, and ,b) the remaining forty seats shall be filled by 35 persons chosen by direct election from assembly constituencies in the rest of tge ~tate of nagaland"; , i (b) in the second schedule, after entry 14, the following entry shall be inserted, namely:-"15 nagaland  60 [for the period referred to in clause (2) of article 37la, 46]" (3) in the representation of the people act, 1951, in section 5, in clause (c), the following proviso shall be inserted at the end, namely:-"provided that for the period referred to in cla\1se (2) of article 37la, a person shall not be qualified to be chosen to fill any seat allocated to the tuensang district in the legislative assembly of n agaland unless he is a member of the regional council referred to in that article" (4) the election commission shall delimit· the assembly constituencies in accordance with the provisions of the constitution on the basis of the latest census figures, and in doing so the commission shall have regard to the following provisions, namely:-(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication, public convenience and linguistic affinities of the people, (b) all constituencies shall be single-member constituencies, and   '  " ii , {;:'j (c) the population of each constituency shall not, as far as practicable, be more than six thousand (5) for the purpose of assisting the election commission in the performance of its functions under this section, the commission shall associate with itself five persons of whom three shall be elected by the members of the interim body established under section 3 of the nagaland (transitional provisions) regulation, 1961, from among themselves and two shall be nominated by the central government: provided that none of the'said associate members shall have a right to vote or to sign any decision of the election commission (6) the election commission shall-(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them in the official gazette of the state of assam and in such other manner 88 the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;  (b) consider all objections and suggestions which may have been received· by it before the date so specified, and for the purpose of such consideration hold one or more public sittings 5 at such place or places as it may think fit; (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine the matters mentioned in sub-section (4) by one or more final orders and cause such order or orders to be published 10 in the official gazette of the state of assam; and upon such publication the order or orders shall have the full force of law and shall not be called in question in any court; (d) amend the delimitation of parliamentary and assembly constituencies order, 1961, so as to include therein the parlia- is mentary constituency of nagaland and the assembly constituencies delimited under this section ilalei of pzocedure 12 the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative assembly of assam shall, until rules are made under clause (1) of 20 article 208, have effect in relation to the legislative assembly of nagaland, subject to such modifications and adaptations as may be made therein by the speaker thereof:  part ivhigh court - 13 (1) as from the appointed day,-common high court for assam and nagaland (a) there shall be a common high court for the state of assam and the state of n agaland to be called the high court of asaam arid n agaland (hereinafter referred to as the common high court) ; 30 (b) the judges of the high court of assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court (2) expenditure in respect of the salaries and allowances of the 35 judges of the common high court shall be allocated between the state of assam and the state of nagaland in such proportion as the president may by order determinf \0 i it ll) as from the appointed day,-sub-section advocate; substituted,  (a) in the advocates act, 1961, in section 3, in (1), for clause (b), the followinl clause shall be namely:-5  (b) for the states of assam aud nagaland and the union territory of manipur, to be known as the bar council of assam and nagaland;"; (b) the bar council of assam shall be deemed to be the bar council of assam and n agaland 10 (2) any person who immediately before the appointed day is an advocate entitled to practise in the high court of assam shall be entitled to practise as an advocate in the common high court (3) all penons who immediately before the appointed day are advocates on the roll of the bar council of assam shall as from that is day become advocates on the roll of th! bar council of assam and nagaland  ' (4) the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of 20 audience in the high court of assam: provided that as between the advocate-general of assam and the advocate-general of nagaland the right of audience shall be determined with reference to their respective dates of enrolment as advocates 2s 15 subject to the provisions of this part, the law in force imme- practice and diately before the appointed day with respect to practice and proce- proc:edure fa dure in the high court of assam shall, with necessary modificatiods, wi;h~ apply in relation to the common high court 16 the law in force immediately before the appointed day with custody of 30 respect to the custody of the seal of the high court of assam shall, ~n!:n with necessary modifications, apply with respect to the cujtoc:ly of high court the seal of the common high court 17, the law in force immediately before the appointed day with form of respect to the form of writs and other processes used, issued or writ and 35' other proawarded by the high court of assam shall, with 'necessary modifiea- cclici tions, apply with respect to the form of writs and other proceues used, issued or awarded by the common high court 1439 (b) ls-2 powers of judp 18 the law in force immediately before the appointed day whh respect to the powers of the chief justice, single judges and division courts of the high court of assam and with respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply in relation to the common high court, , principal 19 the principal seat of the common high court shau, unless seat of common otherwise determined by the chief justice after consultation with high court the governors of assam and nagaland, be at the same place as the principal seat of the high court of assam immediately before the appointed day; 10 procedure as 20 the law in force immediately before the appointed day relatto appeals ing to appeals to the supreme court from the high court of assam to supreme court, and the judges and division courts thereof shall, with necessary modifications, apply in relation to the common high court pe,ndinj 21, all suits, appeals and proceedings, civil, criminal or otherwise, is swts, appeals pending in the high court of assam immediately before the and proceedings, appointed day shall, on that day, stand removed to the common high court and the common high court shall have jurisdiction to hear and determine the same, and the judgments, decrees, sentences and orders of the high court of assam delivered, passed or made before 20 the appointed day shall have the same force and effect as if they had been delivered, passed or made by the common high court  part v financial provisionsauthori  tion 22 the president may, at any time before the appointed day  , of expendi- authorise such expenditure from the consolidated fund of the state "' tare pending  ita sanction of nagaland as he deems necessary for a penod of not more than six ~~_ legi,la· months beginning with the appointed day, pending the sanction of  e such expenditure by the legislature of the state of nagaland: provided that the governor of n agaland may, after the appointed 30 day, authorise such further expenditure as he deems necessary i from the consolidated fund of the state of nagaland for any period not extending beyond the said period of six months 0 , 'buti 23 (1) the president shall by order determine the srants-in-aid ultrl on of reveduee of the revenues of the state of nagaland and the share of that state 3s in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the, rt«evilnt provisions of the union c063 duties of excise (distribution) act, 1962 the additional dutlea of excise (goods of special importance) act 1957, the estate duty (distribution) act, 1962, and the constitution (distribution of revenues) order, 1962, in such manner as he thinks fit 5 (2) the grants-in-aid so determined shall be charged on the consolidated fund of india and the share so determined shall be paid out of the revenues from the said duties or taxes retained by the union or attributable to th~ union territories 24 (1) all property and assets situated in, or used for or in con- property, i::> nection with the administration of the nap hills-tuensan area ~r:b~~' liaand vested in the union immediately before the appointed day ~~~:;~ (other than any property or aasets so vested for purposes of the union) shall, as from that day, vest in the state of nagaland: provided that the cash balances in the treasuries in the xaga is hills-tuensang area immediately before the appointed day shall, as from that day, vest in the state of nagaland (2) all rights, liabilities and obligations of the central government, whether arising out of any contract or otherwise which are, immediately before the appointed day, the rights, liabilities and obu-20 gations of the central government arising out of or in connection with the administration of the naga hills-tuensang area shall, as from that day, be the right!;, liabilities and obligations of the government of the state of nagaland 25 the right to recover arrears of any tax or duty (being a tax arreara of 25 or duty enumerated in the state list in the seventh schedule to the taxes constitution) which have fallen due in the naga hills-tuensang area shall pass to the state of nagaland  part vi legal and miscellaneous provisions~ 26 (1) all laws in force immediately before the appointed day, conti~u~nc:c in the naga hills-tuensang area shall continue to be in force in the i!w:~~~ng state of nagaland until altered, repealed or amended by a compe- th~ir adaptallon tent legislature or other competent authority (2) for the purpose of facilitating the application in relation to 3s the state ofnagaland of any law made before the appointed day, the appropriate government may, witbin two years from that day, by order make buch adaptations and mod~c;ations of the law, whether by     way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority ezplanation-in this section, the expression "appropriate govern-5 ment" means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government; and as respects any other law, the government of nagaland power to ciodiinae i, 21 notwithstanding that no provision or insufficient provision has 10 been made under section 28 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of nagaland, construe the law in luch manner not affecting the substance as may be necessary or proper 15 in regard to the matter before the court, tribunal or authority, as the case may be proviaion •• 28 (1) all courts and tribunals and all authorities discharging to continulawful functions throughout the n aga hills-tuensang area or any ince of cclurts and part thereof immediately before the appointed day shall, unless their 20 of officer, etc continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions (2) evelj' person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection 25 with the administration of the n aga hills-tuensang area or any part thereof shall, except where by virtue or in consequence of the provilions of this act such post or offtce ceases to exist on that day, continue to hold the same post or office in the state of n agaland, and shall be deemed, as from that day, to have been duly' appointed to 30' such post or offtce by the government of, or other appropriate authority in, such state (3) nothing in sub-section (2) shall be deemed to prevent a com  petent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or 35 ofbce - aend_ent 19 as from the appointed day, in section 15 of the states reorga : :j7 nilbtlcm act, 1956, tn clause (c), for the words, "and asam-, the words "aslam ud nagalaad" ihtll \le iwl»tituted 3i) th~ provisions of th:s act shall have effect notwithstanding e«~or anything iucon')istent therewith contained in any other law r~vi~':':_ of istent with other laws 31 if any difficulty arises in giving effect to the provisions of this power to   -  - remo\'e act th~ ,president may, by order, do anythmg not inconsistent with difficulties 5 such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty 32 (1) the central government may, by notificat:on in the powker to i maeruel oftlcial gl:zette, make rules to give effect to the provisions of this act (2) every, rule made under this section shall be laid as soon as 10 may be after it is made, before each house of parliament while it is ul session for a total period of thirty days which may be comprised in one session or two or more !!uccessive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforersaid, both houses agree in making any modification in the i s rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, al the case ,may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 20 33 a5 from the appointed day, the nagaland (transitional provi- repell ~ons) regulation, 1961, shall iftaod repeal~ district areas 1 kohima the areas which immediately before the 1st day of december, 1957, were com- 5 prised in the n aga hills district excluding the areas in mokokchung district as specifted in item no2 2 mokokc:hung the areas which immediately before the 1st d~y of december, 1957, were com- 10 prised in the mokokchung sub-division of the naga hills district 3 tuensang the areas which immediately before the 1st day of december, 1957, were comprised in the tuensang frontier divi- 15 sion of the north east frontier agency  statement 6r obj!ets an!) dasonsin july 1960 the government of india in pursuance of an agreement with the leaders of the naga peoples convention decided that the naga hi11s-tuensang area (nagaland) which is at present a part 'b' tribal area within the state of assam should be formed into e separate state in the union of india 2 the bill provides for the formation of the naga hills-tuensang area into a separate state and amends the sixth schedule to the constitution so as to omit all references therein to the said area the bill also makes the necessary supplemental and incidental provisions relating to representation in parliament and in the state legislature the apportionment of assets and liabilities between the central government and the state government and other matters the bill further provides for the constitution of e common high cc·urt for assam and nagaland and a common bar council 3 the bill also seeks to repeal from the date of the formation of the state the nagaland (transitional provisions) regulation 1961 which 'mls promulgated by the president to bring into force the interim arrangements pending formation of the state of nagaland 4 a3 required by the proviso to article 3 of the constitution this bill was referred by the president to the legislature of the state of assam and its views will also be placed before the parliament new deim jawaharlal nehru the naga hills-tuensang area is at present administered, as if it were a union territory, under sub-paragra,ph (2) of paragraph 18 of the sixth schedule tc the constitution read with article 240 thereof the expenditure both in relation to the administration as well as the development thereof is borne by the central governm '?nt out of the consolidated fund of india and amounts to abeut rs 5,00 lakhs at present the revenue receipts from the n aga hills-tuensang area amount to about ri 30 lakhs only and are credited to the consolidated fund of india 2 when the new state of nagaland comprising the present naga hills-7uensang area comes into existence, the central governm~nt will have to continue to give grants-in-aid of the revenues of the state of nagaland to 'meet the cost of administration as well as of development of that sbate upcn the formation of the state and consequent introduction of the normal apparatus of a state, the cost of administration is likely to increase to some extent further, the tempo of the develcpment in the state is likely to increase year by year, with consequent increase in expenditure on that account while efforts will be made to increase the revenues of the srote, the g()v-ernment of india will have to fill the gap between the revenue receipts of the new state and its expenditure for a number of years  memorandum regarding delegated legislationclause 32 of the bill empowers the central government to make rules to give effect to the provisions of the bill when enacted the rules, if any, will be confined to matters of ·procedure and other matters of minor detail relating to the enforcement of the provisions of this bill the proposed delegation of legislative powers is of a normal character , ,  first schedule(articles i and 4)  i the statesname - - - t emlones - - 2 assam - - - the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories" specified in the schedule to the assam (alteration aries) act, 1951 of bound-- -  sixth schedule •20 tribal areu-- - - (2b) the naga hills-tuensang area shall comprise tie areas which , at the commencement of this constitution were known as the naga hills district and the naga tribal area (3) any reference in the table below to any district (other than the united khasi-jaintis hills district and the mizo district)· or administrative area (other than the naga hills-tuensang area) shall be construed as a reference to that district or area at the commencement of this constitution: provided that the tribal areas specified in part b of the table below shall not include any such areas in the plains as may, with the previous approval of the president be notified by the governor of assam in that behalf  - - - - c37 of 1956) - - - -   part iiizones and zonal councils - - -  - establish-is as from the appointed day there shall be a zonal council for each ment or • ' zoaal coun- of the followmg five zones namely ;-- cils ' - ' - - (c) the eastern zone, compnsmg the states of bihar, west bengal, orissa and assam, and the union territories of manipur and tripura; - -  - - extracr prom the advocates aer, 1961 (25 of 1961) - - -  -  chapter ii bar councils3 (1) there shall be a bar council--~tate bar council • ca) for each of the states of andhra pradesh, bihar, gu;arat, madhya pradesh, madras, maharashtra, mysore, orissa, rajasthan and uttar pradesh, to be known as the bar council of that state; (6) for the state of assam and the union territory of manipur, to be known as the bar council of assam; - - - - - extracts prom the rbprbsbntation of the people act, 1950 (43 op 1950 ) -  - -  the state legis/ativ/! assembliestotal num-7 the total number of seats in the legislative assembly of each state ~~h~rle-:~ specified in the first column of the second schedule, to be filled by persons lative alie- chosen by direct election, shall be the number specified in the second column mblies thereof opposite to that state  - - - - - (see section 3) - - allocation of seats in the house of the people | name    ||---------|| number  || of      || seats   || -       || -       || -       || -       || -       || , i     |25, naga hills-tuensang area - - - - - extract fromjthb rbpresentation of the people act, i9s1 (43 of i9si) '1 chapter li'-'qualifications for membership of state legislatures  s a person shall not be qualified to be chosen to fill a seat in the legisla- qualifieative assembly of a state unless··--tiona for  memb~rahip of a letitlative asscjd - - ' ' ' ' ' bly, (c) in the 'case1of any other seat, he is an elector for any assembly c()nstituency ?n  that state -  ' ' ' a bill  to provide for the fonnation of the state of nagaland and for matters connected therewith (sh,i jafljqhar ldl nehru, prime minister) 