(Bill No. V of 2009)

A Bill to provide for the procedure for application of the Acts of Parliament in respect of the State of Nagaland and for matters connected therewith.


Be it enacted by Parliament in the Sixtieth year of the Republic of India as follows:-


1. Short title and commencement:-


(1) This Act shall be called the Acts of Parliament (Application to Nagaland) Act, 2009.


(2) It shall come into force at once.


2. Definitions:-


In this Act, unless the context otherwise requires,-



    (1) “Act” means an Act made by Parliament in exercise of its ordinary and constituent powers of legislation and includes an Ordinance promulgated by the President of India under article 123 of the Constitution;


    (2) “Committee” means the Joint Governments’ Committee constituted under section 4 of this Act;


    (3) “Government of Nagaland” means the Governor of Nagaland acting on the aid and advice of the Council of Ministers of Nagaland; and


    (4) “Report” means a report of the Joint Governments’ Committee.


3. Declaration to he contained in all Acts:-


All Acts enacted hereafter shall contain a declaration that such Acts shall apply to the State of Nagaland subject to article 371A(1)(a) of the Constitution read with this Act.


4. Reference of Acts to Joint Governments’ Committee:-


All Acts enacted hereafter, shall, within sixty days of their enactment, be referred to a Joint Governments’ Committee comprising such number of Ministers and officers both from the Union Government and the Government of Nagaland, as may be determined, by notification, by the Union Government in consultation with the Government of Nagaland:


Provided that the representatives of the Government of Nagaland to the Committee shall be nominated by the Government of Nagaland.


5. Report of the Joint Governments’ Committee:-


The Joint Governments’ Committee shall examine the question whether an Act, so referred, requires a resolution of the Legislative Assembly of Nagaland for applying its provisions, partly or fully, to the State of Nagaland or not, and present a report in that behalf concurrently to the Union Government and the Government of Nagaland within sixty days of reference of the Act to the Committee.


6. Actions on Report:-


(1) For receiving the report from the Joint Governments’ Committee favouring resolution for application of an Act to the State of Nagaland the necessary resolution shall be passed by the Legislative Assembly within sixty days of the receipt of the report by the Government of Nagaland and:-



    (i) upon passing of the resolution, the Act shall be deemed to have applied to the State of Nagaland from the date of its enactment;


    (ii) upon failure to pass a resolution or failure of a resolution to be carried when moved in the Legislative Assembly within the period of sixty days the Act shall be deemed to have applied to the State of Nagaland from the date when the said period of sixty days shall expire.


(2) If according to the report a resolution of the Legislative Assembly of Nagaland is not required for application of an Act to the State of Nagaland, then the Act shall apply to the State of Nagaland at the expiration of sixty days from the date of receipt of the report by the Government of Nagaland:


Provided that the report may be referred back to the Joint Governments’ Committee for further examination by a resolution of the Legislative Assembly of Nagaland passed within sixty days from the date of receipt of the report by the Government of Nagaland:


Provided further that the resolution of the Legislative Assembly so passed shall enumerate the issues on which the Act is referred back to the Committee.


7. Action on reconsidered report:-


(1) A report referred back to the Committee under the provisos to sub-section (2) of section 6 shall be reconsidered by the Committee in the light of issues enumerated in the resolution within sixty days of receipt of the resolution.


(2) If according to the revised report a resolution of the Legislative Assembly of Nagaland is required for application of the Act to the State of Nagaland, then the procedure outlined in sub-section (i) of section 6 shall be followed.


(3) If according to the revised report a resolution of the Legislative Assembly of Nagaland is not required for application of the Act to the State of Nagaland, then the Act shall apply to the State of Nagaland at the expiration of sixty days from the date of receipt of the revised report by the Government of Nagaland, unless the Legislative Assembly of Nagaland passes a resolution before the expiration of the said period, directing that the Act shall not apply to the State of Nagaland and upon passing of such a resolution, the Act shall not apply to the State of Nagaland at any point of time.



Statement of Objects and Reasons

Article 371A(1) (a) of the Constituion accords Nagaland a special place in regard to application of Acts of Parliament to the State.


2. Ever since the creation of the State on the 1st December, 1963, neither the State Government nor the Union Government had paid due attention to the working of that special provision in relation to Nagaland.


3. This Bill seeks to lay down a procedure for effectuating article 371 A(1)(a) in relation to the State of Nagaland.


Khekiho Zhimomi



Memorandum Regarding Delegated Legislation

Section 4 of the Bill seeks to empower the Central Government to issue notification naming the Ministers and Officers who would constitute the Joint Governments’ Committee under the proposed Act. This delegation of legislative power is normal.

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