No: 27 Dated: Sep, 04 1962

THE STATE OF NAGALAND ACT, 1962

ACT NO. 27 OF 1962

    An Act to provide for 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. Short title.—This Act may be called the State of Nagaland Act, 1962.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “appointed day” means the day which the Central Government may, by notifiation in the Official Gazette, appoint;

(b) “article” means an article of the Constitution;

(c) “assembly constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);

(d) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument or custom or usage having the force of law;

(e) “Naga Hills-Tuensang Area” means the Naga Hills-Tuensang 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) “regional council” means the regional council referred to in article 371A

PART II

FORMATION OF THE STATE OF NAGALAND

3. Formation of State of Nagaland.—(1) 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 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 to be called the Kohima district, Mokokchung district and Tuensang district, each comprising the areas respectively set out in the Schedule.

4. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First Schedule to the Constitution, under the heading “I. THE STATES”—

(a) in the paragraph relating to the territories of the State of Assam, the following shall be added at the end, namely:—

“and the territories specified in sub-section (1) of section 3 of the State of Nagaland Act, 1962”;

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

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

5. Amendment of Sixth Schedule to the Constitution.—As from the appointed day, in the Sixth Schedule to the Constitution—

(a) in paragraph 20—

(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 item “2. The Naga Hills-Tuensang Area” shall be omitted.

Full Document