रजिस्ट्री सं ० डी(डी ) -72
REGISTERED No. D-(D) -72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग 1 - खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार , मार्च 5 , 1976/ फाल्गुणा 15 , 1897
सं० 42]
No. 42]
NEW DELHI , FRIDAY, MARCH 5 , 1976 /PHALGUNA 15 , 1897
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 5th March , 1976 / Phalguna 15, 1897 (Saka)
The following President's Act is published for general information: -
THE NAGALAND EVICTION OF PERSONS IN UNAUTно- RISED OCCUPATION OF PUBLIC LAND ( AMENDMENT)
ACT, 1976
NO . I OF 1976
Enacted by the President in the Twenty- seventh Year of the Republic of India.
An Act further to amend the Nagaland Eviction of Persons in Unau- thorised Occupation of Public Land Act, 1971 .
In exercise of the powers conferred by section 3 of the Nagaland State Legislature (Delegation of Powers) Act, 1975 , the President is pleased to "31 of 1975,
enact as follows :-
Short 1. (1) This Act may be called the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land (Amendment) Act , 1976.
(2) It shall come into force at once .
title and com- mence- ment. Amend- ment of section 12, Nagaland Act 6 of 1971 .
2. In section12 of the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act , 1971 ( hereinafter referred to as the principal Act ) ,-
(i) in sub -section ( 1 ) , after the words " the Commissioner of the State of Nagaland " , the words " or in any case or class of cases speci- fled by the Commissioner in this behalf , the Additional Commissioner of the State of Nagaland " shall be inserted;
(319 ) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
320
(ii ) after sub -section ( 1 ) , the following sub - section shall be in- serted , namely : --
" ( 1A ) Without prejudice to the provisions of sub - section (1) , the Commissioner of the State of Nagaland may , for reasons to be recorded by him in writing , transfer any appeal pending before him to the Additional Commissioner of the State of Naga- land who shall dispose of the appeal as an appellate officer under this section . " .
3. In section 13 of the principal Act , after the words " the Commis- sioner" , the words " , or the Additional Commissioner , " shall be inserted..
Amend- ment of section 13,
Fakhruddin Ali Ahmed ,
President .
K. K. SUNDARAM , Secy.to the Govt . of India.
THE GAZETTE OF INDIA EXTRAORDINARY
Sec.. 17
321
Reasons for the enactment
Under section 12 of the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act, 1971 (Nagaland Act 6 of 1971 ) , an appeal shall lie from every order made by the Deputy Commissioner under sub- section (1 ) of section 6 or under section 7 of the Act in respect of any public land , to an appellate officer , who shall be the Commissioner of the State of Nagaland. A contingency has arisen under which an appeal preferred against the order of the Deputy Commissioner (Eviction ) can- not be heard by the Commissioner as he had sworn an affidavit at an earlier stage of the case in his capacity as Secretary ( Home ) , Nagaland. The appeal has , therefore , to be heard by any officer other than the pre- sent Commissioner . It is , therefore, proposed to amend the above Act to specify the Additional Commissioner of the State of Nagaland also as an appellate officer and to give power to the Commissioner to transfer any appeal pending before him to the Additional Commissioner of the State of Nagaland . This measure seeks to give effect to the above proposal.
2. The Consultative Committee of Parliament constituted under the proviso to sub- section (2) of section 3 of the Nagaland State Legislature (Delegation of Powers) Act, 1975 (31 of 1975) has been consulted before the enactment of this measure as a President's Act .
N. J. KAMATH ,
Secy, to the Govt. of India, Ministry of Works and Housing .
ERRATUM
In the Ministry of Law, Justice and Company Affairs (Legislative Department) Act, "The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amend- ment) Act , 1976 (No. 20 of 1976) " published in the Gazette of India Extraordinary , Part. II- Section 1 , dated the 9th February 1976, the following correction is to be made in the Issue No.:-
For "No. 26" read " No. 24" .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1976