The State of Nagaland Act, 1962
SECTIONS

1. Short title.

2. Definitions.


# THE STATE OF NAGALAND ACT, 1962
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 ARRANGEMENT OF SECTIONS                                  

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PART I

PRELIMINARY

PART II

FORMATION OF THE STATE OF NAGALAND


3. Formation of State of Nagaland.

4. Amendment of First Schedule to the Constitution.

5. Amendment of Sixth Schedule to the Constitution.

PART III

REPRESENTATION IN THE LEGISLATURES

_The Council of States_

6. Representation in Council of States.

7. Election to fill vacancy.

8. Term of office.

_The House of the People_

9. Representation in House of the People.

10. Provision as to sitting member.

_The Legislative Assembly_

11. Strength of Legislative Assembly.

12. Rules of procedure.

PART IV

HIGH COURT

13. Common High Court for Assam and Nagaland.

14. Provision as to Advocates.

15. Practice and procedure in common High Court.

16. Custody of Seal of common High Court.

17. Form of writs and other processes.

18. Powers of Judges.

19. Principal seat of common High Court.

20. Procedure as to appeals to Supreme Court.

21. Pending suits, appeals and proceedings.

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PART V

FINANCIAL PROVISIONS

SECTIONS

22. Authorisation of expenditure pending its sanction by Legislature.

22A. Allowances and privileges of Governor of Nagaland.

23. Distribution of revenues.

24. Property, assets, rights, liabilities and obligations.

25. Arrears of taxes.

PART VI

LEGAL AND MISCELLANEOUS PROVISIONS

26. Continuance of existing laws and their adaptation.

27. Power to construe laws.

28. Provisions as to continuance of courts and of officers, etc.

29. Amendment of Act 37 of 1956.

30. Effect of provisions of Act inconsistent with other laws.

31. Power to remove difficulties.

32. Power to make rules.

33. [Repealed.]

THE SCHEDULE.

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# THE STATE OF NAGALAND ACT, 1962

 ACT NO. 27 OF 1962

[4th September, 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”.

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**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.

PART III

REPRESENTATION IN THE LEGISLATURES

_The Council of States_

**6. Representation in Council of States.—As from the appointed day—**

(a) there shall be allotted one seat to the State of Nagaland in the Council of States;

(b) in the Fourth Schedule to the Constitution, in the Table—

(i) entries 16 to 19 shall be renumbered as entries 17 to 20;

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

“16. Nagaland. . . . . . . . . . . . . . .1”,

(iii) at the end, for the figures “224”, the figures “225” shall be substituted.

**7.** **Election to fill vacancy.—As soon as may be after the appointed day,** there shall be held an

election to fill the seat allotted to the State of Nagaland in the Council of States.

**8. Term of office.—The term of office of the member for the first time elected to fill the seat allotted**

to the State of Nagaland in the Council of States shall expire on the 2nd day of April, 1968.

_The House of the People_

**9. Representation in House of the People.—(1) As from the appointed day—**

(a) there shall be allotted one seat to the State of Nagaland in the House of the People;

(b) in the First Schedule to the Representation of the People Act, 1950 (43 of 1950),—

(i) the entry “25. Naga Hills-Tuensang Area. . . . . . . . .1” shall be omitted;

(ii) entries 16 to 24 shall be renumbered as entries 17 to 25;

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

“16. Nagaland. . . . . . . . . . . . . . .1”.

(2) The whole of the State of Nagaland shall form one parliamentary consituency to be called the

parliamentary constituency of Nagaland for the purpose of filling the seat allotted to that State in the
House of the People.

(3) For the period referred to in clause (2) of article 371A, section 13D of the Representation of the

People Act, 1950 (43 of 1950), shall apply in relation to the parliamentary constituency of Nagaland with
the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of
the said parliamentary constituency which comprises the Tuensang district and the provisions of Part III
of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency.

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**10. Provision as to sitting member.—The sitting member of the House of the People representing,**

immediately before the appointed day, the Naga Hills-Tuensang Area shall, as from that day, represent
the State of Nagaland in that House and shall continue to do so until a person is elected in accordance
with law to fill the seat allotted to the parliamentary constituency of Nagaland.

_The Legislative Assembly_

**11. Strength of Legislative Assembly.—(1) The total number of seats to be filled by persons chosen**

by direct election in the Legislative Assembly of Nagaland shall be 60:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats in the

Legislative Assembly of Nagaiand shall be [1][52], of which—

(a) [2][twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen

by the members of the regional council from amongst themselves in such manner as the Governor,
after consulting that council, may by notification in the Official Gazette specify, and

(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly

constituencies in the rest of the State of Nagaland.

(2) In the Representation of the People Act, 1950 (43 of 1950),—

(a) in section 7, the following proviso shall be inserted at the end, namely:—

“Provided that for the period referred to in clause (2) of article 371A, the total number of

seats allotted to the Legislative Assembly of Nagaland shall be 46, of which—

(a) six seats shall be allocated to the Tuensang district and shall be filled by persons

chosen by the members of the regional council referred to in that article from amongst
themselves in such manner as the Governor, after consulting that council, may by notification
in the Official Gazette specify, and

(b) the remaining forty seats shall be filled by persons chosen by direct election from

assembly constituencies in the rest of the State of Nagaland.”;

(b) in the Second Schedule, after entry 14, the following entry shall be inserted, namely:—

15. Nagaland..... 60 [for the period referred to in clause (2) of articles 371A, 46].”.

(3) In the Representation of the People Act, 1951 (43 of 1951), in section 5, in clause (c), the

following proviso shall be inserted at the end, namely:—

“Provided that for the period referred to in clause (2) of article 371A, a person shall not be

qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of
Nagaland unless he is a member of the regional council referred to in that article.”.

(4) The Election Commission shall delimit the assembly constituencies in accordance with the

provisions of the Constitution on the basis of the latest census figures, and in doing so the Commission
shall have regard to the following provisions, namely:—

(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in

delimiting them, regard shall be had to physical features, existing boundaries of administrative units,
facilities of communication, public convenience and linguistic affinities of the people,

(b) all constituencies shall be single-member constituencies, and

(c) the population of each constituency shall not, as far as practicable, be more than six thousand.

(5) For the purpose of assisting the Election Commission in the performance of its functions under

this section, the Commission shall associate with itself five persons of whom three shall be elected by the
members of the Interim Body established under section 3 of the Nagaland (Transitional Provisions)
Regulation, 1961 (Regulation 2 of 1961), from among themselves and two shall be nominated by the
Central Government:

1. Subs. by Act 61 of 1968, s. 3, for “46” (w.e.f. 31-12-1968).
2. Subs. by s. 3, ibid., for “six seats” (w.e.f. 31-12-1968).

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Provided that none of the said associate members shall have a right to vote or to sign any decision of

the Election Commission.

(6) The Election Commission shall—

(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them

in the Official Gazette of the State of Assam and in such other manner as the Commission may
consider fit, together with a notice inviting objections and suggestions in relation to the proposals and
specifying a date on or after which the proposals will be further considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so

specified, and for the purpose of such consideration hold one or more public sittings at such place or
places as it may think fit;

(c) after considering all objections and suggestions which may have been received by it before the

date so specified, determine the matters mentioned in sub-section (4) by one or more final orders and
cause such order or orders to be published in the Official Gazette of the State of Assam; and upon
such publication the order or orders shall have the full force of law and shall not be called in question
in any court;

(d) amend the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, so as to

include therein the parliamentary constituency of Nagaland and the assembly constituencies delimited
under this section.

**12.** **Rules of procedure.—The rules as to procedure and conduct of business in force immediately**

before the appointed day with respect to the Legislative Assembly of Assam shall, until rules are made
under clause (1) of article 208, have effect in relation to the Legislative Assembly of Nagaland, subject to
such modifications and adaptations as may be made therein by the Speaker thereof.

PART IV

HIGH COURT

**13. Common High Court for Assam and Nagaland.—(1) As from the appointed day,—**

(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be

called the High Court of Assam and Nagaland (hereinafter referred to as the common High Court);

(b) the Judges of the High Court of Assam holding office immediately before that day shall,

unless they have elected otherwise, become on that day the Judges of the common High Court.

(2) Expenditure in respect of the salaries and allowances of the Judges of the common High Court

shall be allocated between the State of Assam and the State of Nagaland in such proportion as the
President may by order determine.

**14. Provision as to Advocates.—(1) As from the appointed day,—**

(a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the

following clause shall be substituted, namely:—

“(b) for the States of Assam and Nagaland and the Union Territory of Manipur, to be known

as the Bar Council of Assam and Nagaland;”;

(b) the Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland.

(2) Any person who immediately before the appointed day is an advocate entitled to practise in the

High Court of Assam shall be entitled to practise as an advocate in the common High Court.

(3) All persons who immediately before the appointed day are advocates on the roll of the Bar

Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and
Nagaland.

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(4) The right of audience in the common High Court shall be regulated in accordance with the like

principles as, immediately before the appointed day, are in force with respect to the right of audience in
the High Court of Assam:

Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the

right of audience shall be determined with reference to their respective dates of enrolment as advocates.

**15.** **Practice and procedure in common High Court.—Subject to the provisions of this Part, the**

law in force immediately before the appointed day with respect to practice and procedure in the High
Court of Assam shall, with necessary modifications, apply in relation to the common High Court.

**16. Custody of Seal of common High Court.—The law in force immediately before the appointed**

day with respect to the custody of the Seal of the High Court of Assam shall, with necessary
modifications, apply with respect to the custody of the Seal of the common High Court.

**17.** **Form of writs and other processes.—The law in force immediately before the appointed day**

with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam
shall, with necessary modifications, apply with respect to the form of writs and other processes used,
issued or awarded by the common High Court.

**18. Powers of Judges.—The law in force immediately before the appointed day with respect to the**

powers of the Chief Justice, single Judges and division courts of the High Court of Assam and with
respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply
in relation to the common High Court.

**19. Principal seat of common High Court.—The principal seat of the common High Court shall,**

unless otherwise determined by the Chief Justice after consultation with the Governors of Assam and
Nagaland, be at the same place as the principal seat of the High Court of Assam immediately before the
appointed day.

**20.** **Procedure as to appeals to Supreme Court.—The law in force immediately before the**

appointed day relating to appeals to the Supreme Court from the High Court of Assam and the Judges and
division courts thereof shall, with necessary modifications, apply in relation to the common High Court.

**21. Pending suits, appeals and proceedings.—All suits, appeals and proceedings, civil, criminal or**

otherwise, pending in the High Court of Assam immediately before the appointed day shall, on that day,
stand removed to the common High Court and the common High Court shall have jurisdiction to hear and
determine the same, and the judgments, decrees, sentences and orders of the High Court of Assam
delivered, passed or made before the appointed day shall have the same force and effect as if they had
been delivered, passed or made by the common High Court.

PART V

FINANCIAL PROVISIONS

**22. Authorisation of expenditure pending its sanction by Legislature.—The President may, at any**

time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of
Nagaland as he deems necessary for a period of not more than six months beginning with the appointed
day, pending the sanction of such expenditure by the Legislature of the State of Nagaland:

Provided that the Governor of Nagaland may, after the appointed day, authorise such further

expenditure as he deems necessary from the Consolidated Fund of the State of Nagaland for any period
not extending beyond the said period of six months.

1[22A. Allowances and privileges of Governor of Nagaland.—The allowances and privileges of the

Governor of Nagaland shall, until provision in that behalf is made by Parliament by law under clause (3)
of article 158, be such as the President may, by order, determine.]

1. Ins. by Act 35 of 1981, s. 2 (w.e.f. 26-7-1981).

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**23.** **Distribution of revenues.—The President shall by order determine the grants-in-aid of the**

revenues of the State of Nagaland and the share of that State in the Union duties of excise, estate duty and
taxes on income and for that purpose amend thereby the relevant provisions of the Union Duties of Excise
(Distribution) Act, 1962 (3 of 1962), the Additional Duties of Excise (Goods of Special Importance)
Act, 1957 (58 of 1957), the Estate Duty (Distribution) Act, 1962 (9 of 1962), and the Constitution
(Distribution of Revenues) Order, 1962 (C.O. 63), in such manner as he thinks fit.

**24. Property, assets, rights, liabilities and obligations.—(1) All property and assets situated in, or**

used for, or in connection with the administration of, the Naga Hills-Tuensang Area and vested in the
Union immediately before the appointed day (other than any property or assets so vested for purposes of
the Union) shall, as from that day, vest in the State of Nagaland:

Provided that the cash balances in the treasuries in the Naga Hills-Tuensang Area immediately before

the appointed day shall, as from that day, vest in the State of Nagaland.

(2) All rights, liabilities and obligations of the Central Government, whether arising out of any

contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and
obligations of the Central Government arising out of or in connection with the administration of the Naga
Hills-Tuensang Area shall, as from that day, be the rights, liabilities and obligations of the Government of
the State of Nagaland.

**25.** **Arrears of taxes.—The right to recover arrears of any tax or duty (being a tax or duty**

enumerated in the State List in the Seventh Schedule to the Constitution) which have fallen due in the
Naga Hills-Tuensang Area shall pass to the State of Nagaland.

PART VI

LEGAL AND MISCELLANEOUS PROVISIONS

**26. Continuance of existing laws and their adaptation.—(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.

**27. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been**

made under section 26 for the adaptation 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 State 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.

**28. Provisions as to continuance of courts and of officers, etc.—(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.

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(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 appointed

day, from passing in relation to any such person any order affecting his continuance in such post or office.

**29.** **Amendment of Act 37 of 1956.—As from the appointed day, in section 15 of the States**

Reorganisation Act, 1956, in clause (c), for the words, “and Assam”, the words “Assam and Nagaland”
shall be substituted.

**30. Effect of provisions of Act inconsistent with other laws.—The Provisions of this Act shall have**

effect notwithstanding anything inconsistent therewith contained in any other law.

**31. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**

this Act, the President may, by order, 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.

**32. Power to make rules.—(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 session [1][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.

**33. [Regulation 2 of 1961.] Rep. by the Repealing and Amending Act, 1974** (56 of 1978), s. 2 and the

_First Schedule (w.e.f. 20-12-1974)._

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THE SCHEDULE

[See 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 as 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 Frontier
Agency.

1. Subs. by Act 35 of 1981, s. 3, for “in which it is so laid” (w.e.f. 26-7-1981).

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