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THE STATE OF NAGALAND ACT, 1962

Title : THE STATE OF NAGALAND ACT, 1962

Year : 1962



(1) All laws in force, immediately before the appointed day, in the Naga Hills-Tuensang Area shall continue to be in force in the State of Nagaland until altered, repealed or amended by a competent Legislature or other competent authority.

(2) For the purpose of facilitating the application in relation to 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and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.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 Government" 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.



Notwithstanding that no provision or insufficient provision has been made under section 26 for the adaption 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 Slate of Nagaland, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.



(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 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) Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the administration of the Naga Hills-Tuensang Area or any part thereof shall, except where by virtue or in consequence of the provisions 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 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 competent authority, after the ap¬pointed day, from passing in relation to any such person any order affecting his continuance in such post or office.



As from the appointed day in section 15 of the States Reorganiza -tion Act, 1956, in clause (c), for the words, "and Assam", the words "Assam and Nagaland" shall be substituted.



The provisions of this Act shall have effect notwithstanding inconsistent therewith contained in any other law.



(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order,a do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.

(2) Every order made under this section shall be laid before each House of Parliament.



(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 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 session1*[immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the 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.

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1. Substituted for the words "in which it is so laid" by the State of Nagaland (Amendment) Act, 1981 (35 of 1981) Section, 3 (w.r.e.f. 26-7-1981).

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Omitted by the Repealing and Amending Act, 1974 (56 of 1974), S. 2 and 1st Sch. (20-"I2-I974)


THE SCHEDULE

[Section 3(2)]

District    Areas

1. Kohima    The areas which immediately before the 1st day of December 1957, were comprised in the Naga Hills District excluding the areas in Mokokchung district us specified in item No. 2.

2. Mokokchung  The areas which immediately before the 1st day of December, 1957, were comprised 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 Division of the North East Frointer Agency.

Last updated on September, 2016

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