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THE CONSTITUTION (THIRTEENTH AMENDMENT) ACT, 1962

Statement of Objects and Reasons appended to the Constitution
      (Thirteenth Amendment) Bill, 1962 which was enacted as
          the Constitution (Thirteenth Amendment) 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;

(b)  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  District   comprising
elected representative 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;

(iii) administration of civil and criminal justice involving decisions
according to Naga 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
Constitution  itself.   This  Bill  accordingly  seeks   to  amend  the
Constitution  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.


          THE CONSTITUTION (THIRTEENTH AMENDMENT) ACT, 1962

[28th December, 1962.]

An Act further to amend the Constitution of India.

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

1.   Short  title  and commencement.-(1) This Act may be  called
the Constitution (Thirteenth Amendment) Act, 1962.

(2)  It  shall  come  into  force on  such  date_662  as  the  Central
Government may, by notification in the Official Gazette, appoint.

2.  Amendment of Part XXI.-In PART XXI of the Constitution,-

(a)  for  the  heading, the following beading  shall  be  substituted,
namely:-

"TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS";

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

Special provision with respect to the State of Nagaland.

(b)  Special  provision with respect to the State of Nagaland.-

`371A. (1) Notwithstanding anything in this Constitution,-

(a) no Act of Parliament in respect of-

(i) religious or social practices of the Nagas,

(ii) Naga customary law and procedure,

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

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

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

(b)  the  Governor of Nagaland shall have special responsibility  with
respect  to  law and order in the State of Nagaland for so long as  in
his opinion internal disturbances occurring in the Naga Hills-Tuensang
Area  immediately 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 consulting the Council  of
Ministers,  exercise  his individual judgment as to the action  to  be
taken:

Provided that if any question arises whether any matter is or is not a
matter  as  respects  which  the Governor  is  under   this  sub-clause
required  to  act  in  the exercise of his  individual   judgment,  the
decision  of  the Governor in his discretion shall be final,  and  the
validity  of  anything  done by the Governor shall not  be   called  in
question on the ground that he ought or ought not to have acted in the
exercise of his individual judgment:

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 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 India out of the Consolidated Fund of India  for
any  specific 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 Governor 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 Tuensang district  shall
be  the  Chairman  ex  officio  of   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 for being,  members,
of the regional council;

(iii)  the term of office of, and the salaries and allowances, if any,
to be paid to members of, the regional council;

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

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

(vi)  any  other  matter in respect of which it is necessary  to  make
rules  for  the  constitution and proper 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 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 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 notification so directs and the Governor in giving
such  direction  with respect to any such Act may direct that the  Act
shall  in its application to the Tuensang district or any part thereof
have  effect  subject  to  such exceptions  or   modifications  as  the
Governor may specify on the recommendation of the regional council:

Provided  that any direction given under this sub-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 district and any regulations so made may
repeal or amend with retrospective effect, if necessary, any Act of
Parliament or any other law which is for the time being applicable to
that district;

(e)  (i) one of the members representing the Tuensang district in  the
Legislative  Assembly  of  Nagaland shall be  appointed  Minister   for
Tuensang  affairs by the 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,  and  have
direct access to the Governor on, all matters relating to the Tuensang
district but he shall keep the Chief Minister informed about the same;

(f)  notwithstanding  anything  in the foregoing  provisions  of  this
clause,  the  final decision on all matters 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 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   Legislative  Assembly  of
Nagaland,  have  effect  as  if  for   the  word   `sixty',  the  words
`forty-six' had been substituted;

(ii)  in  the  said  clause  the reference  to  direct  election  from
territorial  constituencies in the State shall include election by the
members of the regional council established under this article;

(iii) in clauses (2) and (3), references to territorial constituencies
shall  mean references to territorial constituencies in the Kohima and
Mokokchung districts.

(3)  If any difficulty arises in giving effect to any of the foregoing
provisions  of  this article, the President may by order  do  anything
(including  any adaptation or modification of any other article) which
appears  to  him  to  be necessary for the purpose  of   removing  that
difficulty:

Provided that no such order shall be made after the expiration of
three years from the date of the formation of the State of Nagaland.

Explanation.-In  this  article,  the Kohima, Mokokchung  and  Tuensang
districts  shall  have the same meanings as in the State  of  Nagaland
Act, 1962.


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