The 16-point Agreement arrived at between
the Government of India and the Naga Peoples Convention, July,
1960
1. The Name: The territories that were heretofore known as the Naga
Hills-Tuensang Area under the Naga Hills-Tuensang Area Act, 1957, shall
form a State within the Indian Union and he hereafter known as Nagaland.
2. The Ministry Incharge: The Nagaland shall be under the Ministry of
External Affairs of the Government of India.
3. The Governor of Nagaland: (a) The President of India shall appoint
a Governor for Nagaland and he will be vested with the executive powers
of the Government of Nagaland. He will have his headquarters in Nagaland.
(b) His administrative secretariat will be headed by the Chief Secretary
stationed at the Headquarters with other Secretariat staff as necessary.
(c) The Governor shall have special responsibility with regard to law
and order during transitional period and for so long as the law and
order situation continue to remain disturbed on account of hostile activities.
In exercising this special responsibility, the Governor shall, after
consultation with the Ministry, act in his individual judgement. This
special responsibility of the Governor will cease when normalcy returns.
4. Council of Ministers: (a) There shall be a Council of Ministers with
a Chief Minister at the head to assist and advise the Governor in the
exercise of his functions.
(b) The Council of Ministers shall be responsible to the Naga Legislative
Assembly.
5. The Legislature: There shall be constituted a Legislative Assembly
consisting of elected and nominated members as may be deemed necessary
representing different tribes. (Further a duly constituted body of Expert
may be formed to examine and determine the principles of representation
on democratic basis).
6. Representation in the Parliament: Two elected members shall represent
Nagaland in the Union Parliament, that is to say, one for the Lok Sabha
and the other for the Rajya Sabha.
7. Acts of Parliament: No Act or law passed by the Union Parliament
affecting the following provisions shall have legal force in the Nagaland
unless specially applied to it by a majority vote of the Nagaland legislative
Assembly:
(a) The Religious or Social Practices of the Nagas.
(b) The Customary Laws and Procedure.
(c) Civil and Criminal Justice so far as these Concern decision according
to the Naga Customary Law.
The existing law relating to administration of civil and criminal justice
as provided in the Rules for the Administration of Justice and Police
in the Naga Hills District shall continue to be in force.
(d) The ownership and transfer of law and its resources.
8. Local Self-Government: Each tribe shall have the following units
of the rule making and administrative local bodies to deal with matters
concerning the respective tribes and areas:
(a) The Village Council;
(b) The Range Council; and
(c) The Tribal Council.
The Council will also deal with disputes and cases involving breaches
of customary laws and usages.
9. Administration of Justice: (a) The existing system of administration
of civil and criminal justice shall continue.
(b) Appellate Courts:
(i) The District Court-cum-Sessions Court (for each district), High
Court and Supreme Court of India;
(ii) The Naga Tribunal (for the whole of Nagaland) in respect of cases
decided according to customary law.
10. Administrative of Tuensang District: (a) The Governor shall carry
on the administration of the Tuensang District for a period of 10 (ten)
years until such time when the tribes in the Tuensang District are capable
of shouldering more responsibility of advance system of administration
in other parts of the Nagaland.
(b) Provided further that a Regional Council shall be formed for Tuensang
District by representatives from all the tribes in Tuensang District,
and the Governor may nominate representative to the Regional Council
as well. The Regional Council will elect Member of the Naga Legislative
Assembly to represent Tuensang Distirct.
(c) Provided further that on the advance of the Regional Council, steps
will be taken to start various Councils and Courts, in those areas where
the people feel themselves capable of establishing such institutions.
(d) Provided further that no Act or Law passed by the Legislative Assembly
shall be applicable to Tuensang District unless specially recommended
by the Regional Council
(e) Provided further that the Regional Council shall supervise and guide
the working of the various Councils and Tribal Courts within Tuensang
District wherever necessary and depute the local officers to act as
Chairmen thereof.
(f) Provided further that Council of such areas inhabited by a mixed
population or which have not as yet decided to which specific Tribal
Council be affiliated to, shall be directly under the Regional Council
for the time being. And at the end of ten years the situation will be
reviewed and if the people so desired the period will be further extended.
11. Financial Assistance from the Government of India: To supplement
the revenues of Nagaland, there will be need for the Government of India
to pay out of the Consolidated Fund of Nagaland, and a grant-in-aid
towards meeting the cost of administration. Proposals for the above
grants shall be prepared and submitted by the Government of Nagaland
to the Government of India for their approval. The Government will have
general responsibility for ensuring that the funds made available by
the Government of India are expended for the purposes for which they
have been approved.
12. Consolidation of Forest Areas: The delegation wished the following
to the placed on record: "The Naga delegation discussed the question
of the inclusion of the Reserve Forests and of contiguous areas inhabited
by the Nagas. They were referred to the provisions in Article 3 and
4 of the Constitution, prescribing the procedure for the transfer of
areas from one state to another".
13. Consolidation of Contiguous Naga Areas: The delegation wished the
following to be placed on record: "The Naga leaders expressed the
view that other Nagas inhabiting contiguous areas should be enabled
to join the new state. It was pointed out to them on behalf of the Government
of India that Article 3 and 4 of the Constitution provided for increasing
the area of any state, but it was possible for the Government of India
to make any commitment in this regard at this stage".
14. Formation of Separate Naga Regiment: In other that Naga people can
fulfil their desire of playing a full role in the defence forces of
India, the question of raising a separate Naga Regiment should be duly
examined for action.
15. Transitional Period: (a) On reaching the political settlement with
the Government of India, the Government of India will prepare a Bill
for such amendment of the Constitution, as may be necessary, in order
to implement the decision. The draft Bill, before presentation to Parliament,
will be shown to the delegates of the NPC.
(b) There shall be constituted an Interim Body with elected representatives
from every tribe, to assist the advice the Governor in the administration
of Nagaland during the transitional period. The tenure of office of
the members of the Interim Body will be 3 (three) years subject to the
re-election.
16. Inner Line Regulation: Rules embodied in the Bengal Eastern Frontier
Regulation, 1973, shall remain in force in Nagaland
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