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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 30] NEW DELHI, TUESDAY, AUGUST 21, 1962/SR AVANA 30,1884

LOK SABUA

The following Bills were introduced in Lok Sabha on the 21st August, 19e2: —

BILL NO. 72 OF 1962

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—

1. (1) This Act may be called the Constitution (Thirteenth Amendment) Act, 1962.

Short title

and com-

mencement.

5 (2) It shall come into force on such date as the Central Government niay, by notification in the official Gazette, appoint.

2. In PART XXI of the Constitution—

Amendment

of Part XXL

(a) for the heading, the following heading shall be substitut- ed, namely.—

10 "TEMPORARY, TRANSITIONAL AND SPECIAL PRO- VISIONS";

(b) after article 371, the following article shall be inserted, namely: —

"371 A. (l) Notwithstanding anything in this Constitu- 15 tion,—

(a) no Act of Parliament in respect of—

' Special pro-

vision with

respect to

the State of

Nagaland.

(i) religious or social practices of the Nagas,

(663 )

486 G. of I Ext.—1.

(i?) Naga customary law and procedure,

(iii) administration of civil and criminal justice involv:ng decisions according to Naga customary law,

(iv) ownership and tiansfer of land and iti ⁵ resources,

shall apply to the State of Nagaland unless ^he Legislative Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special res- ponsibility with respect to law and order in the State of 10 Nagaland for so long as in his opinion internal distur- bances occurring in the Naga Hills-Tuensang Area imme- diately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after *5 consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises vhether any matter is or is not a matter as respects which the Gover- nor is under this sub-clause required to act in the exercise 20 of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of any- thing done by the Governor shall not be called in ques- tion on the ground that he ought or ought not to have acted in the exercise of his individual judgment: 25

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor 30 shall cease to have such responsibility with effect from such date as may be specified in the order;

(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of 35 India out of the Consolidated Fund of India for any spe- cific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;

(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Gover- 5 nor shall in his discretion make rules providing for—

(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:

Provided that the Deputy Commissioner of the 10 Tuensang district shall be the Chairman ex officioat the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves;

(ii) the qualifications for being chosen as, and tor 15 being, members of the regional council;

(Hi) the term of office of, and the salaries and allowances, if any, to be paid to members of. the re- gional council;

(iv) the procedure and conduct of business of the 20 regional council;

(v) the appointment of officers and staff of the regional council and their conditions of service; and

(ui) any other matter in respect *bf which it is necessary to make rules for the constitution and pro* 35 per functioning of the regional council.

(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendation of the regional council, by public 30 notification specify in this behalf,—

(a) the administration of the Tuensang district shall be carried on by the Governor;

(b) where any money is provided by the Government of India to the Government of Nagaland to meet the 35 requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;

(c) no Act of the Legislature of Nagaland shall apply- to the Tuensang district unless the Governor, on the recommendation of the regional council, by public notifi- cation so directs and the Governor in giving such direc- tion with respect to any such Act may direct that the Act 5 shall in its application to the Tuensang district or any part thereof liave effect subject to such exceptions or modifications as the Governor may specify on the recom- mendation of the regional council;

Provided that any direction given under this sab- I0 clause may be given so as to have retrospective effect;

(d) the Governor may make regulations for the peace, progress and good government of the Tuensang dis- trict and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parlia- 15 ment or any other law which is for the time being appli- cable to that district;

(c) (i) one of the members representing the Tuen- sang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the ²⁰ Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid;

(ii) the Minister for Tuensang affairs shall deal with, ²5 and have direct access to the Governor on, all matters re- lating to the Tuensang district but he shall keep the Chief Minister informed about the same;

(f) notwithstanding anything in the foregoing pro- visions of this clause, the final decision on all matters 30 relating to the Tuensang district shall be made by the Governor in his discretion;

(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include 35 references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;

(h) in article 170—

(i) clause (1) shall, in relation to the Legisla- 40 tive Assembly of Nagaland, have effect as if for the

word 'sixty', the words 'forty-six' had been substi- tuted;

(ii) in the said clause, the reference to direct i election from territorial constituencies in the State shall include election by t he m e m b e rs of the regional council established under this article;

10

(Hi) in clauses (2) and (3), references to terri- torial constituencies shall mean references to terri- torial constituencies in t he Kohima and Mokokchung districts.

(3) If a ny difficulty arises in giving effect to a ny of t he foregoing provisions of t h is article, t he President m ay by order do anything (including a ny adaptation or modification of a ny other article) which appears to h im to be necessary for the purpose of removing that difficulty:

Provided t h at no such order shall be made after t he expi-

ration of three years from t he date of t he formation of t he

State of Nagaland.

2Q Explanation,—In this article, t he Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the

State of Nagaland Act, 1962.".

STATEMENT OF OBJECTS AND REASONS

In July 1960, an agreement was reached by the Government of India with the leaders of the Naga Peoples Convention under which it was decided that Naga Hills-Tuensang Area (Nagaland), which is at present a Part 'B' tribal area within the State of Assam, will be formed into a separate State in the Union of India. 2. The Agreement inter alia provides that—

(a) the Governor of the State of Nagaland shall have special responsibility for law and order for so long as the law and order situation continues to remain disturbed on account of hostile activities;

(fa) the Governor shall have general responsibility with regard to the funds made available to the new State by the Government of India;

(c) the administration of the Tuensang District of Nagaland shall be carried on by the Governor for a period of ten years during which it is expected that the people of that area would be in a position to shoulder fuller responsibilities of administration. A Regional Council is to be formed for the said Tuensang Dis- trict comprising elected representatives from the tribes therein. This Regional Council will supervise and guide the working of the Village, Range and Area Councils in that district and further no law passed by the Nagaland legislature will extend to that district unless so recommended by the Regional Council;

(d) Acts of Parliament shall not apply to Nagaland unless so decided by the Nagaland Legislature with regard to: —

(i) religious or social practices of the Nagas; (ii) Naga Customary Law and procedure; (in) administration of civil and criminal justice involv- ing decisions according to Nsga Customary Law;

(iv) ownership and transfer of land and its resources.

3. As these matters are peculiar to the proposed new State of Nagaland, provision with respect thereto has to be made in the Cons- titution itself. This Bill accordingly seeks to amend the Constitu- tion to provide for the aforesaid matters and matters ancillary thereto. A separate Bill for the formation of the new State relatable to article 3 is also being introduced.

NEW DELHI,

JAWAHARLAL NEHRU.

""BILL JNO. 73 OF ltfbZ

A bill to provide for the formation of the State of Nagaland and for

matters connected therewith.

I3E it enacted by Parliament in the Thirteenth Year of the Republic of India ab follows: —

PART I

PRELIMINARY

5 1. This Act may be called the State of Nagaland Act, 1962. Short title.

2. In this Act, unless the context otherwise requires, - Definition!..

(a) appointed day means the day which the Central Lrov- ernment may, by notification in the OfTcial Gazette, appoint;

43 of 1950.

(b) '"article" means an article of the Constitution; Io (c) "assembly constituency" and "parliamentary consti- tuency" 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 jc custom or usage having the force of law;

(e) "Naga Hills- Tuensang Area" means the Naga Hills-Tuen- t.ang 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 20 the Naga Hills District and the Naga Tribal Area;

(/) "regional council" means the regional council referred tc in article 371 A.

*Thc President has, in pursuance of proviso to article 3, clauses (1) and (3) articles 117 and clause (1) of article 274 of the Constitution of India, recommended to Lok Sabha the introduction and consideration of the Bill,

PART II

FORMATION OF THE STATE OF NAGALAND

Formation of State of Nagalind.

3. (I) As from 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 comprised in the Naga 5 Hills-Tuensang 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 Io to be called the Kohima district, Mokokchung district and Tuensang district, each comprising the areas respectively set out in the Schedule.

4. As from the appointed day, in the First Schedule to the Con-

stitution, under the heading "I THE STATES",—

(a) in the paragraph relating to the territories of the State 15 Amendment of First Schedule to the Consti- tution,

of Assam, the following shall be added at the end, namely: —

"and the territories specified in sub-section (2) of section 3 of the State of Nagaland Act, 1962";

(b) after entry 15, the following entry shall be inserted,

namely:—

20

"16. Nagaland . . . The territories specified in sub-sec- tion (1) of section 3 of the State of Nagaland Act, 1962.".

5. As from the appointed day, in the Sixth Schedule to the Con-

stitution—

25

(a) in paragraph 20—

Amendment of Sixth Schedule to the Cons- titution.

(i) sub-paragraph (2B) shall be omitted,

(ii) in sub-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 "2. The Naga Hills-Tuensang Area" shall be omitted.

PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States

6. As from the appointed day—

_

(a'i there shall be allotted one seat to the State of Nagaland Representa- tion in Council of State*.

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, 5 namely: —

"16. Nagaland ... 1",

(in) at the end, for the figures "224", the figures "223" shall be substituted.

7. As soon as may be after the appointed day, there shall be held a Bye-election J° bye-election to fill the vacancy in the seat allotted to the State of ^jj^. 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.

15 The House of the People

Representa- 9. (1) A3 from the appointed day—

(a) there shall be allotted one seat to the State of Nagaland

tion in House of the Peopl*.

in the House of the People;

(b) in the First Schedule to the Representation of the People 43 "f t"3"- 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;

25 (lii) after entry 15, the following entry shall be inserted, namely: —

"16. Nagaland . . .. 1".

(2) The whole of the State of Nagaland shall form one parliament- ary constituency to be called the parliamentary constituency of Naga- 3o 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 13D of the Representation of the People Act, 1950, shall apply in rela- tion tc the parliamentary constituency of Nagaland with the modinca- 35 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 486 G. of I. Ext,—2.

of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency.

Provision BS 10 sitting mcmbir.

10. The sitting member of the House 6f 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 5 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

11. (1) The total number of seats to be filled by persons chosen io Strength of Legislative Assembly. by direct election in the Legislative Assembly of Nagaland shall be 60:

Provided that for the period referred to In clause (2) of article 371A, the total number of seats in the Legislative Assembly of Nagaland shall be 46, of which—

(a) six seats shall be allocated to the Tuensang district and 15 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 20 chosen by direct election from assembly constituencies in the rest of the State of Nagaland.

(2) In the Representation of the People Act, 1950,—

43 of 1950.

(a) in section 7, the following proviso shall be inserted at the end, namely:—

25

"Provided that for the period 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 members of the regional council referred to in that article from amongst themselves in such manner as the Governor, after consulting that council, may by notifica- tion in the Official Gazette specify, and

(b) the remaining forty seats shall be filled by 35 persons chosen by direct election from assembly consti- tuencies in the rest of the State of Nagaland.";

(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 371A, 46].".

41 of 1951.

5 (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 clause (2) of article 371A, a person shall not be qualified to be chosen to fill I0 any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.".

(4) The Election Commission shall delimit the assembly consti- tuencies in accordance with the provisions of the Constitution on 15 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 adminia- 20 trative units, facilities of communication, public convenience and linguistic affinities of the people,

(b) all constituencies shall be single-member constituencies, and

(c) the population of each constituency shall not, as far as 25 practicable, be more than six thousand.

Regulation a

of 1961.

(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 30 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 mention- ed in sub-section (4) and publish them in the Official Gazette of the State of Assam and in such other manner as the Com- mission 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 suck 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- *5 mentary constituency of Nagaland and the assembly consti- tuencies delimited under this section.

12. The rules as to procedure and conduct of business in force Rule* of Procedure,

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 IV

HIGH COUHT

25

13. (1) As from the appointed day,—

Common

High Com

for Assam

and Naga-

land.

(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be called the High Court of Assam and Nagaland (hereinafter referred to as the common High Court);

g0

(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 determine.

14. (I) As from the appointed day,—

15 "f 1961.

Pr ivision as to Advocatci.

(a) in the Advocates Act, 1961. in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely: —

5 " (b) for the States of Assam and Nagaland and thn 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 Naealand.

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 persons who immediately before the appointed day are advocates on the roll of the Bar Council of Assam shall as from that *5 day become advocates on the roll of the 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 deter- mined with reference to their respective dates of enrolment as advo- cates.

Practice and procedure in common High Court. 2^ 15. Subject to the provisions of this Part, the law in force imme- diately before the appointed day with respect to practice and proce- dure in the High Court of Assam shall, with necessary modifications, apply in relation to the common High Court.

Custody of Seal of common High Court.

16. The law m torce immediately before the appointed day with g0 respect to the custody of the Seal of the High Court of Assam shall, with necessary modifications, apply with respect to the custody of the Seal of the common High Court.

Form of writs and other pro- cesses.

17. The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or 35 awarded by the High Court of Assam shall, with necessary modifica- tions, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. 1430 (B) LS—2.

Powan of Judge*.

18. The law in force immediately before the appointed day with 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 modifi- cations, apply in relation to the common High Court 5

19. The principal seat of the common High Court shall, unless Principal neat of common High Court.

otherwise determined by the Chief Justice after consultation with 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.

io

Procedure u to appeals to Suprema Court.

20. The law in force immediately before the appointed day relat- ing to appeals to the Supreme Court from the High Court of Assam and the Judges and division courts thereof shall, with necessary modi- fications, apply in relation to the common High Court.

21. All suits, appeals and proceedings, civil, criminal or otherwise, 15 Pending suits, appeals and pro- ceedings.

pending in the High Court of Assam immediately before the 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 PROVISIONS

Anthorliation of expendi- ture pending its sanction by Legisla- ture.

i 22. The President may, at any time before the appointed day 25 authorise such expenditure from the Consolidated Fund of the State of Nagaland as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the Legislature of the State of Nagaland:

Provided that the Gbvernor of Nagaland may, after the appointed 30

day. authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Nagaland for any period not extending beyond the said period of six months.

Distribution of revenue*.

23. (1) The President shall by order determine the grants-in-aid of the revenues of the State of Nagaland and the share of that State 35 in the Union duties of excise, estate duty and taxes on Income and for that purpose amend thereby the relevant provisions of the Union

Sire. 2] THIS GAZETTE OF INDIA JEXTBAOBDINARY &jy

< of 1962. j" of 1957- " of 1962. CO. 63.

Duties of Excise (Distribution) Act, 1962, the Additional Duties 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 Con- solidated 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 the Union territories.

. Property,

assets, rights, lia- bilities and obligations.

24. (1) All property and assets situated in, or used for or in con 10 nection with the administration of, the Naga Hills-Tuensang Area and vested in the Union immediately before the appointed day (other than any property or assets 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 Naga 15 Hills-Tuensang Area immediately before the appointed day shall,

as from that day, vest in the State of Nagaland.

(2) AH rights, liabilities and obligations of the Central Govern- ment, whether arising out of any contract or otherwise which are, immediately before the appointed day, the rights, liabilities and obli-

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 rights, liabilities and obligations of the Govern- ment of the State of Nagaland.

Arrears of taxes.

25. The right to recover arrears of any tax or duty (being a tax 25 or duty enumerated in the State List in the Seventh Schedule to the Constitution) which have fallen due in the Naga Hills-Tuensang Area shall pass to the State of Nagaland.

PART VI

LEGAL AND MISCELLANEOUS PROVISIONS

30 26. (1) All laws in force, immediately before the appointed day, Continuance of existing laws and their adip- tation.

in the Naga Hills-Tuensang Area shall continue to be in force in the State of Nagaland until altered, repealed or amended by a compe- tent Legislature or other competent authority.

(2) For the purpose of facilitating the application in relation to

35 the State of Nagaland of any law made before the appointed day, the appropriate Government may, within two years from that day, by order make such adaptations and modifications 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.

Explanation.—In this section, the expression "appropriate Govern- 3 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 Naealand.

27. Notwithstanding that no provision or insufficient provision has I0 Power to construe laws,

been made under section 26 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or em- powered to enforce such law may, for the purpose of facilitating Its application in relation to the State of Nagaland, construe the law in such 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.

Provisions as to continu- ance of Courts and of offlceri, etc.

28. (1) All courts and tribunals and all authorities discharging lawful functions throughout the Naga Hills-Tuensang Area or any part thereof immediately before the appointed day shall, unless their 20 continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other compe- tent authority, continue to exercise their respective functions.

(2) Every 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 Naga Hills-Tuensang Area or any part thereof shall, except where by virtue or in consequence of the provi- sions of this Act such post or office ceases to exist on that day, continue to hold the same post or office in the State of Nagaland, and shall be deemed, as from that day, to have been duly appointed to 3° such post or office 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 pout or 35 office.

29. As from the appointed day, in section 15 of the States Reorga- (Unendment ef Act 37

nisation Act, 1956, in clause (c), for the words, "and Assam", the words "Assam end Nagaland" shall be substituted.

30. The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any other law.

Eflect of proviaiont of Act incon- sistent with other laws.

31. If any difficulty arises in giving effect to the provisions of this

Power to remove difficulties.

Act, the President may, by order, do anything not inconsistent with 5 such provisions which appears to him to be necessary or expedient

for the purpose of removing the difficulty.

Power to make rules.

32. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as io may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive 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 15 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, as 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.

33. As from the appointed day, the Nagaland (Transitional Provi-

• Repeal.

Regulation 2 of 1961.

sions) Regulation, 1961, shall stand repealed.

486 G. of I. Ext.—3.

THE SCHEDULE

[See section 3(2)]

District

Areas

J.. Kohima

The areas which immediately before the

1st day of December, 1957, were com- 5 prised in the Naga Hills District excluding the areas in Mokokchung district as specified in item No. 2.

2. Mokokchung

The areas which immediately before the

1st day of December, 1957, were com- I⁰ 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 com- prised in the Tuensang Frontier Divi- l$ sion of the North East Frontier Agency.

STATEMENT OF OBJECTS AND REASONS

In July 1960 the Government of India, in pursuance of an agree- ment with the leaders of the Naga Peoples Convention, decided that the Naga Hills-Tuensang Area (Nagaland), which is at present a Part 'B' tribal area within the State of Assam, should be formed into "a separate State in the Union of India.

2. The Bill provides for the formation of the Naga Hills-Tuen- sang 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 pro- visions 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 Court for Assam and Nagaland and a common Bar Council.

3. The Bill also seeks to repeal, from the date of the forrmthn of the State, the Nagaland (Transitional Provisions) Regulation, 1961, which was promulgated by the President to bring into force the interim arrangements pending formation of the State of Nagaland.

4. As 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 DELHI.

JAWAHARLAL. NEHRU.

FINANCIAL MEMORANDUM

The Naga Hills-Tuensang Area is at present administered, as if it were a Union Territory, under sub-paragraph (2) of paragraph 18 of the Sixth Schedule to 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 Government out of the Consolidated Fund of India and ©mounts to about Rs. 5,00 lakhs. At present the revenue receipts from the Naga Hills-Tuen- sang Area amount to about Rs. 30 lakhs only and are credited to the Consolidated Fund of India.

2. When the new State of Nagaland comprising the present Naga Hills-Tuensang Area comes into existence, the Central Government 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 State. Upon 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 development 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 Strate, the Gov- ernment of India will have to fill the gap between the revenue re- ceipts of the new State and its expenditure for a number of years.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 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.

*BILL No. 78 OF 1962

A Bill to authorise payment and appropriation of certain farther

sums from and out oj the Consolidated Fund of India for the

services of the financial year 1962-63.

BE it enacted by Parliament in the Thirteenth year of the Repub-

lic of India as follows: —

Short title 1. This Act may be called the Appropriation (No. 4) Act, 1962.

Issue of Rs. 8,^,-(8,ooo out ol the Consolidated Fund of India for the year 1962-63.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of eight crores, ' forty-two lakhs and thirty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1962-63, in respect of the services specified in column 2 of the Schedule.

Appropria- tion.

3. The sums authorised to be paid and applied from and out at the Consolidated Fund of India by this Act shall be appropriated lor the services and purposes expressed in the Schedule in relation to the said year.

*Thc President haj, in pursuance of clauses (i) and (3) of article 117 of the Cons- titution of India, read with article 115 thereof, recjmmeided to Lok Sabha the Introduc- tion and consideration of the Bill

See. 2j TH*: (ZAZttTtt OF INDIA EXTRAORDINARY (§3$

T HE S C H E D U LE

(See sections 2 and 3)

I

3

Sums not exceeding

5

Services and purposes

No. of Vote

Voted by P.irlUmcnt

Charged on the Consoli- Total dated Fund

R i.

Rs.

Rs.

t,ooo

1,030

Defence Services, Effective—Armv

9

10

1,00:

10

1,000

Defence Services. Eff^cuvc—-Nwy

1,033

11

1,000

Defence Serwces, KfFcclive—A''r Force

13,000

13)ooo 33 Minis'ry of Finance

Other Revenue Expenditure of the Ministry

44

8,03,00,003

8,03.00,000

of Food and Agriculture

3,87,030

3,87,000

Cabinet

49

Other Revcnu: Expenditure of the Ministry

78

21,000

21,000 of Mines and Fuel .

1,000 1 02

1,000

Stationery and Printing

11,37,000 114

11,37,000

Defence Capital Outlay

2C

> 126 Other Capital Outlay of the Ministry of Foot?

1,70,000

1,70,030 and Agriculture

129 Capital Outlay of the Ministry of Infoimincn

2,00a

2,000

and Broadcasting

Capital Outlay of the Ministry of Minn and

1 33

25,00,000

25,00,000

Fuel.

;

Other Capital Outlay of the Ministry of Trans-

139

4,OOJ

4,000

port and Communications

8,43.38,000

2,11,000

TOTAI .

R,40,27,oe"o

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 114(1) of the Consti- tution of India, read with article 115 thereof, to provide for the appro- priation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways, for the financial year 1962-63.

MORARJI DESAI.

*BILL No. 79 OF 1962

A bill to authorise payment and appropriation of certain further

sums from and out of the Consolidated Fund of India for the

service of the financial year 1962-63 for the purposes of Railways.

BE it enacted by Parliament in the Thirteenth Year of the Repub-

lic of India as follows:-—

1. This Act may be called the Appropriation (Railways) No. 4

Short title.

Act, 1962.

5 2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of rupees seven- teen lakhs towards defraying the several charges which will come in course of payment during the financial year 1962-63, in respect of the

10 services relating to railways specified in column 2 of the Schedule.

Ibsue of Rs. 17,00,000 out of the Consolidat- ed Fund of India for the financial year 1962- 63.

Appropria- tion.

3. The sums authorised to be paid and appliedi from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

T he president has, in pursuance of clauses (i) and (3) of article 117 of the Con- jtitution of India read ^vith clause (2) of article 115 thereof, recommended to Lok Sabha the introduction and consideration of the Bill.

486 G. of I. Ext.—4.

THE SCHEDULE

(See sections 2 and 3)

1

2

3

Sums not exceeding

Services and purposes

No. of Vote

Total

Voted by Parliament

Charged on the Consoli- dated Fund

Rs.

Rs.

Rs.

2

12,00j0OO

Miscellaneous Expenditure .

12,00,000

5,oo,ooo I⁰

5,00,000

Opea Line Works—Replacements .

17

17,00,000

17,00,000

TOTAL .

STATEMENT OF OBJECTS AND REASONS

The Bill is introduced in pursuance of article 114 (1) of the Con- stitution of India read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Con- solidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government on Railways for the financial year 1962-63.

SWARAN SINGH.

M. N. KAUL,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER, COVT OF INDIA PRESS NEW DELHI AND PUBLISHED BY THE MANAGER OF PUB! ICATIONS, DELHI, 15W2