Our Correspondent
Kohima | July 9
Parliamentary Secretary for Art & Culture and Law & Justice Yitachu today moved a bill “The Nagaland Village Councils (Fourth Amendment) Bill, 2009” in the assembly session. In its statement, the bill said that in Nagaland there are village councils as well as tribal councils, hohos and unions constituted and functioning according to ‘customary practices and usages’ of respective tribes.
These village and tribal councils, it stated, are important instruments of administration in the matter of maintenance of public order, peace and tranquility in the society, and also in the administration of justice. For this, the bill considered it necessary that the institutions, which are the most valuable social capital of the Nagas, should be protected and strengthened through legislation.
Further, the bill said, according to clause 8 of the 16-Point Agreement of 1960, “Each tribe shall have the following units of rule-making and administrative legal bodies to deal with matters concerning the respective tribes and areas (i) village councils (ii) range councils (iii) tribal councils. These councils will also deal with disputes and cases involving breaches of custody laws and usages.”
It also said that the state government had earlier passed the Nagaland Village & Area Councils Act, 1978, giving legal status to the village and area councils, making them statutory bodies. However, the state government had subsequently decided to abolish area councils.
Although the tribal councils or hohos have been in existence and functioning as effective instruments of public order and justice in the society, the bill said they have not been given statutory recognition, in spite of specific mention made in the 16 Point Agreement of 1960.
For this, the bill said, the amendment act is intended to give a legal status to the councils or hohos functioning in the state today, without in any manner infringing on their autonomy, their method of constitution, their tenure and system of functioning and so on.
The act also makes a provision to enable the state government to extend financial and other assistance to the tribal councils, as may be deemed fit and proper, but without making it obligatory, the bill said.
“Further in the existing Nagaland Village Councils Act, there is no specific section or provision prescribing the procedure for removal of a village council chairman. This has created certain problems when the removal of one village council chairman was challenged in a court of law. Therefore, it is intended to insert a provision, namely Section 9 (3) to make legal provision for the removal of a village council chairman,” the bill stated.
On financial memorandum, it said clause 26 of the bill which provides for extending financial assistance to the tribal councils is likely to cause an approximate estimated expenditure of recurring Rs. 50 lakhs per annum from the consolidated fund of the state. It said the title of “the Nagaland Village Council Act 1978 shall henceforth be changed; and be called as ‘the Nagaland Village & Tribal Councils Act, 1978’.”
It shall extend to entire Nagaland and shall come into force with effect from its notification in the Nagaland Gazette. NLA Deputy Speaker Ralanthung Yanthan said the consideration and passing for the bill shall take place on July 11 and amendment if any can be submitted on July 10.
