jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
6. Where it appears to the Permanent Lok Adalat that there exist	elements of a settlement, which may be acceptable to the	parties, it shall formulate the terms of a possible settlement and
submit them to the parties for their observations and in case the	parties reach an agreement, the Permanent Lok Adalat shall	pass an award in terms thereof. In case parties to the dispute fail
to reach an agreement, the Permanent Lok Adalat shall decide	the dispute on merits.	7. Every award made by the Permanent Lok Adalat shall be final
FAMILY COURTS	The Family Courts Act, 1984 was enacted to provide for the	establishment of Family Courts with a view to promote conciliation and
secure speedy settlement of disputes relating to marriage and family	affairs.	Reasons
The reasons for the establishment of separate Family Courts are as	follows:	1. Several associations of women, other organizations and
individuals have urged, from time to time, that Family Courts, be	set up for the settlement of family disputes, where emphasis	should be laid on conciliation and achieving socially desirable
results and adherence to rigid rules of procedure and evidence	should be eliminated.	2. The Law Commission in its 59th report (1974) had also stressed
that in dealing with disputes concerning the family the Court	ought to adopt an approach radically different from the adopted	in ordinary civil proceedings and that it should make reasonable
efforts at settlement before the commencement of the trial. The	Code of Civil Procedure was amended in 1976 to provide for a	special procedure to be adopted in suits or proceedings relating
to matters concerning the family.	3. However, not much use has been made by the Courts in	adopting this conciliatory procedure and the Courts continue to
deal with family disputes in the same manner as other civil	matters and the same adversary approach prevails. The need	was, therefore, felt, in the public interest, to establish Family
Courts for speedy settlement of family disputes.	Therefore, the main objectives and reasons for setting up of Family	Courts are:10
(i) To create a Specialized Court which will exclusively deal w	family matters so that such a court may have the necess	expertise to deal with these cases expeditiously. Thus exper
and expeditious disposal are two main factors for establish	such a court;	(ii) To institute a mechanism for conciliation of the disputes relatin
(iii) To provide an inexpensive remedy; and	(iv) To have f lexibility and an informal atmosphere in the conduc	proceedings.
Features	The salient features of the Family Courts Act, 1984 are as follows:	1. It provides for the establishment of Family Courts by the State
Governments in consultation with the High Courts.	2. It makes it obligatory on the State Governments to set up a	Family Court in every city or town with a population exceeding
one million.	3. It enables the State Governments to set up Family Courts in	other areas also, if they deem it necessary.
4. It exclusively provides within the jurisdiction of the Family Courts	the matters relating to:	(i) matrimonial relief, including nullity of marriage, judicial separat
divorce, restitution of conjugal rights, or declaration as to	validity of marriage or as to the matrimonial status of any perso	(ii) the property of the spouses or of either of them;
(iii) declaration as to the legitimacy of any person;	(iv) guardianship of a person or the custody of any minor; and	(v) maintenance of wife, children and parents.
5. It makes it obligatory on the part of the Family Court to	endeavour, in the first instance to effect a reconciliation or a	settlement between the parties to a family dispute. During this
stage, the proceedings will be informal and rigid rules of	procedure shall not apply.	6. It provides for the association of social welfare agencies,
counsellors, etc., during conciliation stage and also to secure the	service of medical and welfare experts.	7. It provides that the parties to a dispute before a Family Court
shall not be entitled, as of right, to be represented by legal	practitioner. However, the Court may, in the interest of justice,	seek assistance of a legal expert as amicus curiae.
8. It simplifies the rules of evidence and procedure so as to enable	a Family Court to deal effectively with a dispute.	9. It provides for only one right of appeal which shall lie to the High
GRAM NYAYALAYAS	The Gram Nyayalayas Act, 2008 has been enacted to provide for the	establishment of the Gram Nyayalayas at the grass roots level for the
purposes of providing access to justice to the citizens at their	doorsteps and to ensure that opportunities for securing justice are not	denied to any citizen due to social, economic or other disabilities.
Reasons	The reasons for the establishment of Gram Nyayalayas are as follows:	1. Access to justice by the poor and disadvantaged remains a
worldwide problem despite diverse approaches and strategies	that have been formulated and implemented to address it. In our	country, Article 39A of the Constitution directs the State to
secure that the operation of the legal system promotes justice,	on a basis of equal opportunity and shall provide free legal aid to	ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.	2. In the recent past, the Government has taken various measures	to strengthen judicial system, inter alia, by simplifying the
procedural laws; incorporating various alternative dispute	resolution mechanisms such as arbitration, conciliation and	mediation; conducting of Lok Adalats, etc. These measures are
required to be strengthened further.	3. The Law Commission of India in its 114th Report on Gram	Nyayalaya suggested establishment of Gram Nyayalayas so that
speedy, inexpensive and substantial justice could be provided to	the common man. The Gram Nyayalayas Act, 2008 is broadly	based on the recommendations of the Law Commission.
4. Justice to the poor at their door step is a dream of the poor.	Setting up of Gram Nyayalayas in the rural areas would bring to	the people of rural areas speedy, affordable and substantial
justice.	Features	The salient features of the Gram Nyayalayas Act are as follows11 :
appointed by the State Government in consultation with the High	Court.	2. The Gram Nyayalaya shall be established for every Panchayat
at intermediate level or a group of contiguous Panchayats at	intermediate level in a district or where there is no Panchayat at	intermediate level in any State, for a group of contiguous
Panchayats.	3. The Nyayadhikaris who will preside over these Gram	Nyayalayas are strictly judicial officers and will be drawing the
same salary, deriving the same powers as First Class	Magistrates working under High Courts.	4. The Gram Nyayalaya shall be a mobile court and shall exercise
the powers of both Criminal and Civil Courts.	5. The seat of the Gram Nyayalaya will be located at the	headquarters of the intermediate Panchayat, they will go to
villages, work there and dispose of the cases.	6. The Gram Nyayalaya shall try criminal cases, civil suits, claims	or disputes which are specified in the First Schedule and the
Second Schedule to the Act.	7. The Central as well as the State Governments have been given	power to amend the First Schedule and the Second Schedule of
the Act, as per their respective legislative competence.	8. The Gram Nyayalaya shall follow summary procedure in criminal	trial.
9. The Gram Nyayalaya shall exercise the powers of a Civil Court	with certain modifications and shall follow the special procedure	as provided in the Act.
10. The Gram Nyayalaya shall try to settle the disputes as far as	possible by bringing about conciliation between the parties and	for this purpose, it shall make use of the conciliators to be
appointed for this purpose.	11. The judgment and order passed by the Gram Nyayalaya shall be	deemed to be a decree and to avoid delay in its execution, the
Gram Nyayalaya shall follow summary procedure for its	execution.	12. The Gram Nyayalaya shall not be bound by the rules of
evidence provided in the Indian Evidence Act, 1872 but shall be	guided by the principles of natural justice and subject to any rule	made by the High Court.
from the date of filing of such appeal.	14. Appeal in civil cases shall lie to the District Court, which shall be	heard and disposed of within a period of six months from the
date of filing of the appeal.	15. A person accused of an offence may file an application for plea	bargaining.
Establishment	The Central Government has decided to meet the non-recurring	expenditure on the establishment of these Gram Nyayalayas subject
to a ceiling of ₹18.00 lakhs out of which ₹10.00 lakhs is for	construction of the court, ₹5.00 lakhs for vehicle and ₹3.00 lakhs for	office equipment.
More than 5000 Gram Nyayalayas are expected to be set up under	the Act for which the Central Government would provide about ₹1400	crores by way of assistance to the concerned States/Union Territories.
Under of the Gram Nyayalayas Act, 2008, it is for the State	Governments to establish Gram Nyayalayas in consultation with the	respective High Courts.
Majority of States have now set up regular courts at Taluka level.	Further, reluctance of police officials and other State functionaries to	invoke jurisdiction of Gram Nyayalayas, lukewarm response of the
Bar, non-availability of notaries and stamp vendors, problem of	concurrent jurisdiction of regular courts are other issues indicated by	the States which are coming in the way of operationalization of the
Gram Nyayalayas.	The issues affecting operationalization of the Gram Nyayalayas	were discussed in the Conference of Chief Justices of High Courts
and Chief Ministers of the States in April, 2013. It was decided in the	Conference that the State Government and High Court should decide	the question of establishment of Gram Nyayalayas wherever feasible,
taking into account their local problems. The focus is on setting up	Gram Nayayalayas in the Talukas where regular courts have not been	set up.
NOTES AND REFERENCES	1. The 20th Constitutional Amendment Act of 1966 added a	new Article 233-A which retrospectively validated the
appointment of certain district judges as well as the	judgements delivered by them.	2. In practice, the State Public Service Commission conducts
a competitive examination for recruitment to the judicial	service of the state.	3. A subordinate judge is also known as civil judge (senior
division), civil judge (class I) and so on. He may also be	given the powers of an assistant sessions judge. In such a	case, he combines in himself both civil as well as criminal
powers like that of a District Judge.	4. A munsiff is also known as civil judge (junior division), civil	judge (class-II) and so on.
5. Delhi, Bombay, Calcutta and Madras were formerly called	presidency towns.	6. Annual Report 2015–16, Ministry of Law and Justice,
Government of India, pp.91–92.	7. P.T. Thomas v. Thomas Job (2005).	7a. India 2010 : A Reference Annual, Publications Division,
Ministry of Information and Broadcasting, Government of	India, p.711.	8. P.T. Thomas v. Thomas Job (2005).
9. Law Commission of India, Report No.222 entitled as “Need	for Justicedispensation through ADR etc.,” April 2009,	pp.22–23.
10. Annual Report 2015–16, Ministry of Law and Justice,	Government of India, p.85.	11. Press Information Bureau, Government of India, September
37 Special Provisions for Some States	A	rticles 371 to 371-J in Part XXI of the constitution contain
special provisions for twelve states1 viz., Maharashtra, Gujarat,	Nagaland, Assam, Manipur, Andhra Pradesh, Telangana,	Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The
intention behind them is to meet the aspirations of the people of	backward regions of the states or to protect the cultural and economic	interests of the tribal people of the states or to deal with the disturbed
law and order condition in some parts of the states or to protect the	interests of the local people of the states.	Originally, the constitution did not make any special provisions for
these states. They have been incorporated by the various subsequent	amendments made in the context of reorganisation of the states or	conferment of statehood on the Union Territories.
PROVISIONS FOR MAHARASHTRA AND GUJARAT	Under Article 371, the President is authorised to provide that the	Governor of Maharashtra and that of Gujarat would have special
responsibility for2 :	1. the establishment of separate development boards for (i)	Vidarbha, Marathwada and the rest of Maharashtra, (ii)
Saurashtra, Kutch and the rest of Gujarat;	2. making a provision that a report on the working of these boards	would be placed every year before the State Legislative
Assembly;	3. the equitable allocation of funds for developmental expenditure	over the above-mentioned areas; and
4. an equitable arrangement providing adequate facilities for	technical education and vocational training, and adequate	employment opportunities in the state services in respect of the
PROVISIONS FOR NAGALAND	Article 371-A makes the following special provisions for Nagaland3 :	1. The Acts of Parliament relating to the following matters would
not apply to Nagaland unless the State Legislative Assembly so	decides:	(i) religious or social practices of the Nagas;
(ii) Naga customary law and procedure;	(iii) administration of civil and criminal justice involving decisi	according to Naga customary law; and
(iv) ownership and transfer of land and its resources.	2. The Governor of Nagaland shall have special responsibility for	law and order in the state so long as internal disturbances
caused by the hostile Nagas continue. In the discharge of this	responsibility, the Governor, after consulting the Council of	Ministers, exercises his individual judgement and his decision is
final4. This special responsibility of the Governor shall cease	when the President so directs.	3. The Governor has to ensure that the money provided by the
Central Government for any specific purpose is included in the	demand for a grant relating to that purpose and not in any other	demand moved in the State Legislative Assembly.
4. A regional council consisting of 35 members should be	established for the Tuensang district of the state. The Governor	should make rules for the composition of the council, manner of
choosing its members5 , their qualifications, term, salaries and	allowances; the procedure and conduct of business of the	council; the appointment of officers and staff of the council and
their service conditions; and any other matter relating to the	constitution and proper functioning of the council.	5. For a period of ten years from the formation of Nagaland or for
such further period as the Governor may specify on the	recommendation of the regional council, the following provisions	would be operative for the Tuensang district:
(i) The administration of the Tuensang district shall be carried on	the Governor.	(ii) The Governor shall in his discretion arrange for equita
(iii) Any Act of Nagaland Legislature shall not apply to Tuens	district unless the Governor so directs on the recommendatio	the regional council.
(iv) The Governor can make Regulations for the peace, progress	good government of the Tuensang district. Any such Regula	may repeal or amend an Act of Parliament or any other
applicable to that district.	(v) There shall be a Minister for Tuensang affairs in the S	Council of Ministers. He is to be appointed from amongst
members representing Tuensang district in the Nagal	Legislative Assembly.	(vi) The final decision on all matters relating to Tuensang district s
be made by the Governor in his discretion.	(vii) Members in the Nagaland Legislative Assembly from	Tuensang district are not elected directly by the people but by
PROVISIONS FOR ASSAM AND MANIPUR	Assam	Under Article 371-B6 , the President is empowered to provide for the

6. Where it appears to the Permanent Lok Adalat that there exist

elements of a settlement, which may be acceptable to the

parties, it shall formulate the terms of a possible settlement and

submit them to the parties for their observations and in case the

parties reach an agreement, the Permanent Lok Adalat shall

pass an award in terms thereof. In case parties to the dispute fail

to reach an agreement, the Permanent Lok Adalat shall decide

the dispute on merits.

7. Every award made by the Permanent Lok Adalat shall be final

FAMILY COURTS

The Family Courts Act, 1984 was enacted to provide for the

establishment of Family Courts with a view to promote conciliation and

secure speedy settlement of disputes relating to marriage and family

affairs.

Reasons

The reasons for the establishment of separate Family Courts are as

follows:

1. Several associations of women, other organizations and

individuals have urged, from time to time, that Family Courts, be

set up for the settlement of family disputes, where emphasis

should be laid on conciliation and achieving socially desirable

results and adherence to rigid rules of procedure and evidence

should be eliminated.

2. The Law Commission in its 59th report (1974) had also stressed

that in dealing with disputes concerning the family the Court

ought to adopt an approach radically different from the adopted

in ordinary civil proceedings and that it should make reasonable

efforts at settlement before the commencement of the trial. The

Code of Civil Procedure was amended in 1976 to provide for a

special procedure to be adopted in suits or proceedings relating

to matters concerning the family.

3. However, not much use has been made by the Courts in

adopting this conciliatory procedure and the Courts continue to

deal with family disputes in the same manner as other civil

matters and the same adversary approach prevails. The need

was, therefore, felt, in the public interest, to establish Family

Courts for speedy settlement of family disputes.

Therefore, the main objectives and reasons for setting up of Family

Courts are:10

(i) To create a Specialized Court which will exclusively deal w

family matters so that such a court may have the necess

expertise to deal with these cases expeditiously. Thus exper

and expeditious disposal are two main factors for establish

such a court;

(ii) To institute a mechanism for conciliation of the disputes relatin

(iii) To provide an inexpensive remedy; and

(iv) To have f lexibility and an informal atmosphere in the conduc

proceedings.

Features

The salient features of the Family Courts Act, 1984 are as follows:

1. It provides for the establishment of Family Courts by the State

Governments in consultation with the High Courts.

2. It makes it obligatory on the State Governments to set up a

Family Court in every city or town with a population exceeding

one million.

3. It enables the State Governments to set up Family Courts in

other areas also, if they deem it necessary.

4. It exclusively provides within the jurisdiction of the Family Courts

the matters relating to:

(i) matrimonial relief, including nullity of marriage, judicial separat

divorce, restitution of conjugal rights, or declaration as to

validity of marriage or as to the matrimonial status of any perso

(ii) the property of the spouses or of either of them;

(iii) declaration as to the legitimacy of any person;

(iv) guardianship of a person or the custody of any minor; and

(v) maintenance of wife, children and parents.

5. It makes it obligatory on the part of the Family Court to

endeavour, in the first instance to effect a reconciliation or a

settlement between the parties to a family dispute. During this

stage, the proceedings will be informal and rigid rules of

procedure shall not apply.

6. It provides for the association of social welfare agencies,

counsellors, etc., during conciliation stage and also to secure the

service of medical and welfare experts.

7. It provides that the parties to a dispute before a Family Court

shall not be entitled, as of right, to be represented by legal

practitioner. However, the Court may, in the interest of justice,

seek assistance of a legal expert as amicus curiae.

8. It simplifies the rules of evidence and procedure so as to enable

a Family Court to deal effectively with a dispute.

9. It provides for only one right of appeal which shall lie to the High

GRAM NYAYALAYAS

The Gram Nyayalayas Act, 2008 has been enacted to provide for the

establishment of the Gram Nyayalayas at the grass roots level for the

purposes of providing access to justice to the citizens at their

doorsteps and to ensure that opportunities for securing justice are not

denied to any citizen due to social, economic or other disabilities.

Reasons

The reasons for the establishment of Gram Nyayalayas are as follows:

1. Access to justice by the poor and disadvantaged remains a

worldwide problem despite diverse approaches and strategies

that have been formulated and implemented to address it. In our

country, Article 39A of the Constitution directs the State to

secure that the operation of the legal system promotes justice,

on a basis of equal opportunity and shall provide free legal aid to

ensure that opportunities for securing justice are not denied to

any citizen by reason of economic or other disabilities.

2. In the recent past, the Government has taken various measures

to strengthen judicial system, inter alia, by simplifying the

procedural laws; incorporating various alternative dispute

resolution mechanisms such as arbitration, conciliation and

mediation; conducting of Lok Adalats, etc. These measures are

required to be strengthened further.

3. The Law Commission of India in its 114th Report on Gram

Nyayalaya suggested establishment of Gram Nyayalayas so that

speedy, inexpensive and substantial justice could be provided to

the common man. The Gram Nyayalayas Act, 2008 is broadly

based on the recommendations of the Law Commission.

4. Justice to the poor at their door step is a dream of the poor.

Setting up of Gram Nyayalayas in the rural areas would bring to

the people of rural areas speedy, affordable and substantial

justice.

Features

The salient features of the Gram Nyayalayas Act are as follows11 :

appointed by the State Government in consultation with the High

Court.

2. The Gram Nyayalaya shall be established for every Panchayat

at intermediate level or a group of contiguous Panchayats at

intermediate level in a district or where there is no Panchayat at

intermediate level in any State, for a group of contiguous

Panchayats.

3. The Nyayadhikaris who will preside over these Gram

Nyayalayas are strictly judicial officers and will be drawing the

same salary, deriving the same powers as First Class

Magistrates working under High Courts.

4. The Gram Nyayalaya shall be a mobile court and shall exercise

the powers of both Criminal and Civil Courts.

5. The seat of the Gram Nyayalaya will be located at the

headquarters of the intermediate Panchayat, they will go to

villages, work there and dispose of the cases.

6. The Gram Nyayalaya shall try criminal cases, civil suits, claims

or disputes which are specified in the First Schedule and the

Second Schedule to the Act.

7. The Central as well as the State Governments have been given

power to amend the First Schedule and the Second Schedule of

the Act, as per their respective legislative competence.

8. The Gram Nyayalaya shall follow summary procedure in criminal

trial.

9. The Gram Nyayalaya shall exercise the powers of a Civil Court

with certain modifications and shall follow the special procedure

as provided in the Act.

10. The Gram Nyayalaya shall try to settle the disputes as far as

possible by bringing about conciliation between the parties and

for this purpose, it shall make use of the conciliators to be

appointed for this purpose.

11. The judgment and order passed by the Gram Nyayalaya shall be

deemed to be a decree and to avoid delay in its execution, the

Gram Nyayalaya shall follow summary procedure for its

execution.

12. The Gram Nyayalaya shall not be bound by the rules of

evidence provided in the Indian Evidence Act, 1872 but shall be

guided by the principles of natural justice and subject to any rule

made by the High Court.

from the date of filing of such appeal.

14. Appeal in civil cases shall lie to the District Court, which shall be

heard and disposed of within a period of six months from the

date of filing of the appeal.

15. A person accused of an offence may file an application for plea

bargaining.

Establishment

The Central Government has decided to meet the non-recurring

expenditure on the establishment of these Gram Nyayalayas subject

to a ceiling of ₹18.00 lakhs out of which ₹10.00 lakhs is for

construction of the court, ₹5.00 lakhs for vehicle and ₹3.00 lakhs for

office equipment.

More than 5000 Gram Nyayalayas are expected to be set up under

the Act for which the Central Government would provide about ₹1400

crores by way of assistance to the concerned States/Union Territories.

Under of the Gram Nyayalayas Act, 2008, it is for the State

Governments to establish Gram Nyayalayas in consultation with the

respective High Courts.

Majority of States have now set up regular courts at Taluka level.

Further, reluctance of police officials and other State functionaries to

invoke jurisdiction of Gram Nyayalayas, lukewarm response of the

Bar, non-availability of notaries and stamp vendors, problem of

concurrent jurisdiction of regular courts are other issues indicated by

the States which are coming in the way of operationalization of the

Gram Nyayalayas.

The issues affecting operationalization of the Gram Nyayalayas

were discussed in the Conference of Chief Justices of High Courts

and Chief Ministers of the States in April, 2013. It was decided in the

Conference that the State Government and High Court should decide

the question of establishment of Gram Nyayalayas wherever feasible,

taking into account their local problems. The focus is on setting up

Gram Nayayalayas in the Talukas where regular courts have not been

set up.

NOTES AND REFERENCES

1. The 20th Constitutional Amendment Act of 1966 added a

new Article 233-A which retrospectively validated the

appointment of certain district judges as well as the

judgements delivered by them.

2. In practice, the State Public Service Commission conducts

a competitive examination for recruitment to the judicial

service of the state.

3. A subordinate judge is also known as civil judge (senior

division), civil judge (class I) and so on. He may also be

given the powers of an assistant sessions judge. In such a

case, he combines in himself both civil as well as criminal

powers like that of a District Judge.

4. A munsiff is also known as civil judge (junior division), civil

judge (class-II) and so on.

5. Delhi, Bombay, Calcutta and Madras were formerly called

presidency towns.

6. Annual Report 2015–16, Ministry of Law and Justice,

Government of India, pp.91–92.

7. P.T. Thomas v. Thomas Job (2005).

7a. India 2010 : A Reference Annual, Publications Division,

Ministry of Information and Broadcasting, Government of

India, p.711.

8. P.T. Thomas v. Thomas Job (2005).

9. Law Commission of India, Report No.222 entitled as “Need

for Justicedispensation through ADR etc.,” April 2009,

pp.22–23.

10. Annual Report 2015–16, Ministry of Law and Justice,

Government of India, p.85.

11. Press Information Bureau, Government of India, September

37 Special Provisions for Some States

A

rticles 371 to 371-J in Part XXI of the constitution contain

special provisions for twelve states1 viz., Maharashtra, Gujarat,

Nagaland, Assam, Manipur, Andhra Pradesh, Telangana,

Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The

intention behind them is to meet the aspirations of the people of

backward regions of the states or to protect the cultural and economic

interests of the tribal people of the states or to deal with the disturbed

law and order condition in some parts of the states or to protect the

interests of the local people of the states.

Originally, the constitution did not make any special provisions for

these states. They have been incorporated by the various subsequent

amendments made in the context of reorganisation of the states or

conferment of statehood on the Union Territories.

PROVISIONS FOR MAHARASHTRA AND GUJARAT

Under Article 371, the President is authorised to provide that the

Governor of Maharashtra and that of Gujarat would have special

responsibility for2 :

1. the establishment of separate development boards for (i)

Vidarbha, Marathwada and the rest of Maharashtra, (ii)

Saurashtra, Kutch and the rest of Gujarat;

2. making a provision that a report on the working of these boards

would be placed every year before the State Legislative

Assembly;

3. the equitable allocation of funds for developmental expenditure

over the above-mentioned areas; and

4. an equitable arrangement providing adequate facilities for

technical education and vocational training, and adequate

employment opportunities in the state services in respect of the

PROVISIONS FOR NAGALAND

Article 371-A makes the following special provisions for Nagaland3 :

1. The Acts of Parliament relating to the following matters would

not apply to Nagaland unless the State Legislative Assembly so

decides:

(i) religious or social practices of the Nagas;

(ii) Naga customary law and procedure;

(iii) administration of civil and criminal justice involving decisi

according to Naga customary law; and

(iv) ownership and transfer of land and its resources.

2. The Governor of Nagaland shall have special responsibility for

law and order in the state so long as internal disturbances

caused by the hostile Nagas continue. In the discharge of this

responsibility, the Governor, after consulting the Council of

Ministers, exercises his individual judgement and his decision is

final4. This special responsibility of the Governor shall cease

when the President so directs.

3. The Governor has to ensure that the money provided by the

Central Government for any specific purpose is included in the

demand for a grant relating to that purpose and not in any other

demand moved in the State Legislative Assembly.

4. A regional council consisting of 35 members should be

established for the Tuensang district of the state. The Governor

should make rules for the composition of the council, manner of

choosing its members5 , their qualifications, term, salaries and

allowances; the procedure and conduct of business of the

council; the appointment of officers and staff of the council and

their service conditions; and any other matter relating to the

constitution and proper functioning of the council.

5. For a period of ten years from the formation of Nagaland or for

such further period as the Governor may specify on the

recommendation of the regional council, the following provisions

would be operative for the Tuensang district:

(i) The administration of the Tuensang district shall be carried on

the Governor.

(ii) The Governor shall in his discretion arrange for equita

(iii) Any Act of Nagaland Legislature shall not apply to Tuens

district unless the Governor so directs on the recommendatio

the regional council.

(iv) The Governor can make Regulations for the peace, progress

good government of the Tuensang district. Any such Regula

may repeal or amend an Act of Parliament or any other

applicable to that district.

(v) There shall be a Minister for Tuensang affairs in the S

Council of Ministers. He is to be appointed from amongst

members representing Tuensang district in the Nagal

Legislative Assembly.

(vi) The final decision on all matters relating to Tuensang district s

be made by the Governor in his discretion.

(vii) Members in the Nagaland Legislative Assembly from

Tuensang district are not elected directly by the people but by

PROVISIONS FOR ASSAM AND MANIPUR

Assam

Under Article 371-B6 , the President is empowered to provide for the