To, The Chief Minister
Government of Nagaland: Kohima.
Sub: Representation
Hon’ble Sir,
The Nagaland Tribes Council (NTC) is obliged to draw your kind attention to the following issues for favour of positive response in the interest of the bonafide citizens of the state.
1. The Nagaland Special Development Zone (NSDZ): The DAN Govt. adopted NSDZ on 24.3.2014 under which the foothill areas within the state of Nagaland will be earmarked for the so called Special Development Zones. Within the cadastral areas, the special protective laws of Nagaland such as Article 371A, ILP and Nagaland Land and Revenue (amendment) Act, 1978 shall not be made applicable. The NSDZ will become free zone for anyone from any race, own any amount of land and pursue any business without restriction. The whole intention of NSDZ is to curve out the plain sector of Nagaland State for outsiders for permanent settlement. Such decision is anti-state and suicidal for the present and posterity with the laid down theme, as and when NSDZ is implemented, non-indigenous people from outside Nagaland will virtually overwhelm the earmarked area which consequently will be the base for intrusion of unauthorized citizens to take control of Nagaland. This proposed zone will therefore do more harm than good to Nagaland. NTC therefore demands that the proposal for NSDZ be revoke without further delay.
2. The Nagaland Land and Revenue (Amendment) Act, 1978:
The Nagaland Tribes Council (NTC) had urged the State Government to implement Government notification No. LAW-213/78 dated Kohima, the 30th of September, 1978 in letter and in spirit in order to protect the inherent right of indigenous people, its land and properties and safe guard the indigenous people of the State from external exploitations.
The “Nagaland Land and Revenue Regulation (Amendment) Act 1978” which received the assent of the Governor on the 29th of September, 1978 amended the Assam Land and Revenue Regulation, 1886 and extended to the whole of Nagaland State to protect and preserve the land that belongs to the indigenous and vulnerable people of the state.
The Sub-Section (2) of the Act stated “Notwithstanding anything to the contrary in any law, usage, contract or agreement no person (other than the indigenous inhabitants of Nagaland) shall acquire or posses by transfer, exchange, lease, agreement of settlement of any land in any area or areas constituted into belts or blocks in contravention of the provisions of Sub-Section (1) Sub-Section (3) of the Act stated that “From and after the commencement of Nagaland Land and Revenue Regulation (Amendment) Act, 1978, no document evidencing any transaction for acquisition or possession of any land by way of transfer, exchange, lease, agreement or settlement shall be registered under the Indian Registration Act, 1908 if it appears to the registering authority that the transaction has been effected in contravention of the provisions of Sub-Section (2).
The Nagaland Village and Tribal Councils Act, 1978 had categorically empowered the Village Council to be the custodian of landed properties vide Section 15, Sub-Section (1) (g) which read “no transfer of immovable properties shall be effected without the consent of the Village Council. Written record of this shall be maintained by the Village Council”.
The Nagaland Tribes Council (NTC) takes note of the new concept mooted by the present Government to conduct cadastral survey in the entire territory of the state to enable financial institution to mortgage our immovable assets to obtain loan for entrepreneurial purposes. While welcoming new initiative to strengthen and regulate land related laws to serve the interest of the citizens, the Nagaland Tribes Council (NTC) maintains that the state already had necessary laws to serve the contention as stated. The Nagaland Land and Revenue Regulation (Amendment) Act, 2002 has covered the concerns raised by the present Government, where it stated that “Providing that nothing contained in this chapter or in the rules made thereafter shall affect any transfer by way of a mortgage in favour of any nationalized bank.” And further, the Act clearly stated that “Provided further that such nationalized banks, Cooperative Societies or other financing institutions shall not transfer any land to a person other than the indigenous inhabitants of the State of Nagaland except with the previous sanction of the state Government or an authority appointed in this behalf” The above Act come into force by a notification vide No/Law/Act/57/2000(pt) Dated Kohima, 16th of October, 2003. By another notification, the State Government had appointed the Commissioner, Nagaland as an authority to sanction transfer of land to such Nationalized Banks/Cooperative Societies or financial institutions.
The people of Nagaland do salute those elected leaders during whose time this law was enacted for protection on our ownership over the lands that belonged to, we, the indigenous people of Nagaland. Much water had flowed during the last 39 years since the law came into effect. The Nagaland Tribes Council (NTC) is apprehensive that we have gone awry with the law all the while. The Nagaland Tribes Council (NTC) therefore urges upon the Government to implement the law in letter and in spirit. The Nagaland Tribes Council (NTC) once again urges the Government of the day to send necessary instructions to the concern Deputy Commissioners, Revenue Officers and Village authorities to strictly adhere to the law and protect our land and properties.
In view of its great importance to ecological balance, preservation of forest and wild life, the Governor in council declared the formation of Ntangki Reserved Forest with an approximate area of 44,800 acres in a Notification No.1186R Dated 7 May 1923, to be effective from 15 June 1923. By another Notification No.2005R Dated 18 July 1927, the Governor in council further attached another 5,120 acres of forest land to be added to the Ntangki Reserved Forest w.e.f. 15 August 1927. Later, the Government of Nagaland through a Notification No.ROP-158/74 Dated Kohima, 22 April 1975 declared the Ntangki Reserved Forest comprising an area of 20,202 hectares as wild life sanctuary, and named it as Ntangki Wildlife Sanctuary with effect from 1 April 1975. The Government of Nagaland through another Notification No.FOR-43/83 Dated 3 March 1993 again re-christened Ntangki Wildlife Sanctuary as Ntangki National Park. It is a known fact that there have been rampant encroachments on the area of this invaluable asset of ours. Also there has been devastation of forest by private individuals in connivance with all type of elements. The Nagaland Tribes Council (NTC) reported the matter to the Union Ministry of Forest and Environment and sought its immediate intervention but there is no immediate responds. The Nagaland Tribes Council (NTC) therefore urges upon the State Government not to remain helpless spectator to these destructive activities but rise to protect the National Park without delay.
The Bengal Eastern-Frontier Regulation Act of 1873 under which the Inner Line Permit was provided for the State of Nagaland. The Nagaland Tribes Council (NTC) submitted its representation to the State Government way back to August 2016 to bring Dimapur Areas under the purview of ILP as Dimapur is inalienable part of Nagaland and the entire State jurisdiction is a tribal belt and equally vulnerable. The Nagaland Tribes Council (NTC) therefore urges the Government of the day to take necessary steps to enforce Inner Line Regulation system all over the state.
The Nagaland Tribes Council (NTC) questioned the wisdom of government of India as to how ceasefires entered into and political dialogue continued when its legal weapons such as AFSPA and all anti-terror laws are forced on the people giving the armed forces special powers to search, raid and arrest without a warrant, causing untold hardship and putting law and order in peril as though it is a terrorist infested State. “In other words, olive branches were offered to peace loving Naga political groups on one hand whereas war has been waged against all those who are in ceasefire. Peace and War are never of the same, and the two cannot go together.
If peace is to be given a place, war has to pave the way. Similarly, if GOI is at all honest and sincere at ceasefire and dialogue, the Disturb Area Act, an action of suppression, cannot be imposed on Nagaland any longer. This double standard policy of GOI proves that Nagaland was brought to its Union to be suppressed indefinitely.” The Nagaland Tribes Council (NTC) urges the State Government to take immediate steps and impress upon the GOI to revoke extension of ‘terrorism tag’ of Disturb Area Act in the entire state of Nagaland.
The Nagaland State came into being under the Constitution of India amendment (13th Amendment) of 1962. Nagaland is wholly a tribal State and under Art. 371 A of the Constitution of India religious, social, customs and practices of the Nagas is fully protected. Under this protective Clauses and sub clauses of the Constitution of India, the personal and social life of the Nagas both men and women in the State remains well contented under the un-codified religious, social, customs and practices. That our way of life since time immemorial is quite distinct from the people in the mainland India, and Uniform Civil Code, if introduced, we shall be subjected to alien culture and social practices by compulsion under the law. The enacted law once enforce upon us, our liberty of religious, social, customs and practices guaranteed by the Constitution of India would also be vanished sooner than later. In this connection the Nagaland Tribes Council (NTC) submitted representation to the concerned authorities way back to November 2016. The Nagaland Tribes Council also reminded the State government on the issue on 18th March 2018 for further necessary action of the government. In view of the predicament the Nagaland Tribes Council (NTC) once again request that the State of Nagaland promptly take up the matter with the Union Law Commission and to the appropriate authority to exclude Nagaland from the purview of the Uniform Civil Code (UCC) so that the inalienable provision of Art. 371 A of the Constitution of India remain undisturbed.
