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NAGALAND ACT 4 of 1966

[THENAGALAND TOWN AND COUNTRY PLANNING

ACT, 19661

Received the w e n t oj the President 'on the 27th A u p t , 1966.

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[~ublhhedin ths ~apoirmd~ d z ett?i~xtroordinar~,

f
Dared
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;?,

' September,

the 3rd

19661

. h Act to ppv@e for the development of t o m and

mnntrp sides in the state-of Nagaland. ,

Preamble.-WHEREAS it is-expedientto provide for the development

of towm and cowtry sides in the State of NagaIand on sound planning
principl~ with the object of securing proper sanitary conditions; to
conserve and promote publi;: bath, safety and general welfare of the ptspie
liiing therein ;
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It is hereby enacted in,the Seventeeth Year of the Republic of India

as follows :
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CHAPTER 1

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PRELIMINARY
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Short titlo, extent and commencement.-1.

( I ) This Act may
be called the Nagaland Town and Country Planning Act, 1966.

(2) It shall extend to Ihe whole of Nagaland.

(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
Definitions.-2.

In this Act, unless there is anything repugnant in

be subject or context ;-

"Authority" shall mean the Local or Regional Authority

appointed by the State Government for the 'purpose of administering the Act.

If)

( I ) ."Advisory Council" means tile . Tow11 and Country Planning

Advisory Council constihrted,under section 3 OF this Act. . . .
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(3) "Betterment Fce" nlcsns the fee. prescribed in respect of an

increase in the value of land resulting from the execution df a-Development
Scheme.
( 4 ) . "Building" means any construclion for whatsoever -purposeand of
whatsoever materials constructed . and..every part ,th&eof, whether usedtas
human habitation or not and includes plinth, walls, cbmuey, ,drainage,.wo~ks;

fixed pln~forms.varandah, balcony, cornice or projection, or part,of a,building

or &thing affixed thtreto or iny walls, earth bank. fin& or &her c+nrtruction
,
enclosing or dc-limiting or inlcnded to enclose or delimit any la& or space.
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.I..

: - (5)
"Building Industrial" means a building, whichl i s &holly or
p&d&ninantly used as a.warehouse, fzctory, distillery, iron roundi-yl
. .. arid., all
other buildings put to any use permihed-in the zone by an authbi.is'tdlitikrnk
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applicable thereto.
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( 6 ) ''Directof' means Director of Town i n d C o k n t j Planning or

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any other officer appointed in that behalf by the State Goverimcnt.
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(7) -'DevcIopment" means the carrying, out qf building, engineeeng,

mining or othcr operations in, on, or over the land or making of any
materia\ change,in-the use d any buildings or of land :
',

. - , -Provided t8at.the. following operations or use of land'shall not be

.dtemcd for the p u r p o s ~of this Act to mean development of the land, that Is

to say
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(a) the ,carryingout of works for the maintenance, .improvement . or

other altmatioo of any building, being works which affect only
the interior of the building or which do not materially affect thc
use and the external appearance of the building ;

(h) the carrying out by a local authority.of, any ,w~rks.requjredfor

the maintenance or improvement of,road, being works carried
out on land within the boundaries of the road ;
)

the carrying out by any local authority any works for the purposes
inspecting, ,repairing or renewing any sewers, main pipes,
cablcs or other apparatus, including the breaking open of any
street 'orothei ;and fdr that purpose ;'. , ..

of
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(d) the use of any building or other land withill the curtilage of a
d w e h g house for any purpose incideutal to the enjoyment of
the dwelling house as such.
(8) "Factory" means a place to which the provision of Indian
Factories Act, 1948 (Act 3 of 1948) or any amendment thereof shall apply.

(9) "Industrial concern", means a commercial body, e g. a factory,

workshop and a mill, or any concern of similar nature where materials are
manufactured, repaired, altered or processed.
'(10) ''Master Plan" means a plan as defined under scction 9 and shill
c;omprise of item (a 1 to {e) of sction I I.
(11) 'LOccupier"includes any person paying or liable lo pay the rent
oranypbrti~nof the rent of the land or building in respect of whicb ihc
work is due or compensation or primium on account of the occupation cd'
such land and building and also a rent free te'nant.

'CiZ) "Opeb space" means any land whether enclosed ot not, on

which not more than one twentieth part is covered with buildings sad wholc
of the remainden has been laid out as a public garden or used for purposes
of recreation or lies waste and unoccupied.

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(13j .*prescribed" rneansprescribed by rule made under this Act.,

"R~onstitutedplot'' means a plot which is in any way altered
byJhe making of a Development Scheme.
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(14)

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( 1 5 ) "Road" meansand includes any highway, street, lane, pathway,

ailey, passageway,carriageway,rootway square bridge whether private or public,
whether thoroughfare, or not, whether existing or proposed in any scheme
and includes all bunds, channels, ditches, drains, culverts, side walks
and traffic islands.
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(16) 'cSchcme'', means a development scheme and includes a pbn or

Glans together with the descriptive matter, if any,. relating
to such a scheme.
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CHAP IEB it

~ O N S S ~ U T I O OF
N

THE ADY~SORY
COUNCU.
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Constitution of tha Townand Country ~ l a n n i n
Advisory
~
Council. 3,
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The State Gqvernment may :constitute, by a notification i n the

Official Gazette, the Council consisting of the following members to advise
the Government on matters referred to it :t 11

...

(i) Minister-in-charge of Town and Country. Planning

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(ii) Director OF the Town and Country Planning

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Department.
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Chairman
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... Secretary

( i i i ) Secretary, Town and Country Planning Department. .:. Member

(iu) Chief Engineer, Public Works Department or his

nominee

. (v) Public Health Engineer or his nominee

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.... Member
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... Member
. ...

(vi) Secretary, ,Finance DeparLment or his nominee

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(uii) Six other non-official members half of whom

shall be elccted by the Assembly and the rest
shall bs'nbniinated by the state ~ o ~ e r n m e n i .

ember.
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...Member,

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(viii) Such number of representatives of Local Authorities ,falling

within the area as may 'be covered by-the Master PIin not
exceeding.two as may be co-opted by the Council by nomcation,

published in'the Official Gazette.

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( 2 ) Five of the members attending any, 'meeting of the -council shall
form the quorum for the purpose of transacting the business pf that meeting
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of the Council.
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(3)AII members of the ~ouncil'includi& the co-opted members, shall

of

have one vote each and the chairman shall h e a casting vqtk 'in case
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equality oi divisidh, in addition t o '6sown vote. . . . . . .: .
, . . , ! : ..

(q Nothing done by the Council in its meeting shalt. be,

.held:-to be
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invalid because of any ;acanc$ii the sFab bf- nomioatid or ,elc5*d .mcmbsr.
oi tbe'absciice of a i y of the members for any rcaspi whatsoevh.
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(5) The Chairman shall preside over the meetings of the Advisory
Council and in his absence the members present shalI elect one among them::: 1.:. . . , <. )
selves td li&'t'i;eprer/d&ffor
:....
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that
. . particular
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Resignation of non-offfcial mernbers.4.

J,::,

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Any non-ofEcial me*er

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may at any time resign his office, rrovided that his resignation sha!l not takc
the State Govermeint. '

cffcct until accepted by

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Term of offtee,-5.
The term or officc of any non-oficial membcr
shall ordinairily be three years :,

Provided that in case of members reprcsen~in~

the Legislature or Local
kuthorities, their terms of ofice shall terrniniitc a soon as they cease to be
mernbcrs of such Legislature or Local Authority, as rhc case may be.
Commencement of the term of omce of non-offlciil m e m b e r s . 4 .
( I ) The tern of office of non-official mcrnbcrs shall commence on sucl~ dutc
is may be notified in this behalf by the State Government.

(2) A person ceasing t o be member -by reason of the expiry of his

term u l ofice as described in section 5, shail be ciigiblc for re-nomination or
re-election.
Removal of non:offlcial m em hers.-7. ~ h Statc
k
Government may
remove ftom the Council any member who :(a) refuses to act, or becomes incapabk of acring br absents himself
from three consecutive meetings of the Council and is unable to
explain such absence to the satisfaction of the Council ;or

(b) has so flagrantly abused in any mawer his position as a member

oftheCouncilas to render bis wntiriuance d e t r i m e n ~ l to the
public interest :

provided that wben the State Governmept proposes to take action

&d& &e &regoing proi;isions of this sectibn an ~ppbtikiit~of ex*laaation
sd~\'&
&en to the m k b e r conciided
and wheq. suchaction~ii,taken, the
, . reasons thereof shall be placed on record.
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fiiiing casial vasanriis'.-4. (1) when thk phce of a rnkrnber

abriiiditkd . by the State G d v k e n t becomes vacant by h-is'resighption,
'
re&bval or d&&, the Skte ~o&r&ent shill appoint a persdn ta fill tbe
~8canG'.
( $ - M e n the place of a n i q b e r elected or co-opted. becomes vacant,
he shall be elected or co-opted bjl the Legislature or the Council as the c s e

may be,

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(3) The terin bf ofice of a member nominated or- elcctcd or co-opted

the case may bbc, under sub-sections ( I ) and (2) shall be rhc remainder o f
thc \erm of ,offl&of the member in whose place hc has bcen ~~ominated,vr
electcd, or co-&cd.
as

CHAPTER 111

,MASTER PLAN

A Master Plat1 ticrcinaftcr referred

Preparation o'f Master Plan.-9.
to as "Plan" in this Act for the d&eluprnent of any area within ihe Staic
which the State ~overnmkntmay consider neccssa'j, shall be-drawn up by
the Directoi in consdtaiian with the locai authority/authu~+i~ies
concerned and
submitted to the State Government Ibr examination and approval.
*

Publication of the Master Plan.- 10. ( I ) On receiving the Plan and

the Regulation from the Dirmtor, the Statc Gnvcrnmcnt shall have rhcm, as
soon as may be, published in the Oficial Gazette, iu .some local newspaper
and in tbc locality in the manner proctibed and deemed to be rcquind for
wide and sufficient publicity in 'the locality inviting public opinion and
objection, if any, to be submitted wi~hina period not niore than two months.
6

(2) After considering all objections,

suggestions and rcpresenratio~l

may have been received, and after sett'ins the advicc of the Council,
State, Governen t shall have the plan finally prepared by the Director.
t Itat

Contents

of . Master Plan and Zoning ' Regulations.-1 1,

The

Master Plari-to-bc prepared-ls &hied under scctioh 9,may inclhde :-

A general 1and:uk plan for residential, commerical, induitrial,

recreational and public .and semi-public purposes ;

(a)

(b) Zoniagplan;
(c)

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~rans~ortation
plan including roads, railways, canals, and the.
like ;
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(d) Public utilities plan ;

(e) A r=port giving rdev!nt data. and inforn;nlion in reipect of

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proposals in the PI;* i n d any nll~er thi y which the State
Government may deem necessary.
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Constitution of t h e antharity for implementation of t h e . Plan.-12. After the adoption of the Plan and Ihe Regulations, they shall be sent,
for in~plementationto the Authority as may be declared or const~tutedby
the State Government in this behalf.
_ ,. . . .
Restriction o f use of land and buildings thereon after publication.

-13. ( I ) The Plan as adopted by the State Government sbaU be published

as prescribed. in Section 10, and jfter such publication no person shall use any
land, sub-divide any land or set- up any new structure on any land covcrcd

by the PIan or change the existing structure of any building or use ,of any
building or land within the area except with the permission of the Authority
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on a written application submitted for that putpose.
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(2) Each such app\&ition shall be awompanied by a plan drawn to

scale showing the actual dimension of the land and. the . building to be built
upon it, the site and the position of the building to bc erected and in case of
alteration in the use or sbructure of the building or land, the nature and extent
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of such alteration.
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( f) The authority may also call for S U C ~other information as. .it
. ,may
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deem necessary to examine the application;
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(4)' The authority shall not refuse the permission except on Ihe ground
or contravention of proposals contained in the Plan or the Regulations and
unless the permission has been refused within a period of one monih from the
receipt of the application ar su=h other information $5 may be called for by
the Authority under sub-section (9, it shall be presume'd that the
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permission has been given..
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Prohibitionofregistration in certain cases.-45). Whereany d c d ,

or document required to be registered under the Indian Registration Act,
1908, [Act XVl of 19081 pu~porti
t o sub-divide any 'land coverd by the
Plan, no registering o f t i c k shall iegistcr
iuch doc~&&t Unless the patty
presenting the deed or document for registration produces a no objection
certiftcace from the Authority to the effm that the ~uthorii~'has
no objection
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to. tht registratibn of s&h ' deed or document.
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Power of the State Government t o modify the PIan and the

aiy

Regulation.-14.
The State GovCrnrnent may'.r&ie+-' 'the plan' ai
may
modify the Plan and the.Regulationskom. time to time, in. such
.
,manner and
in'ricli procc&rD as f o ~ ~ o w cfor
d the
. . .. prep=r?tion a ~ approval
a
of.tno'origiaal
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-' J :~ [ & k n dthe - ~ e ~ l a t i o n s .
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L.4

NAGALAND
ACT4

OF 1966 *
CHAPTER 1V

prelaration

of t h e Development

( I ) After thc

5ctieme.- 15.

commencement 01' this Act, the State Governmenr after consultation withithe
&tbority, if any, may by notification in the Oficial Gazet~edcclarc any area
to be a scheme area for the purposes o f this Act.

(qAfEcr the Master Plan has been approved by the State Governmct~tthe
~ u t h o i l t yshall define the area which it considers necessary for development.
The Director shall prepare a scheme and submit it to the State Governmenr
with all information necessary For considration and approval of the scheme.
(3) While preparing tbc scheme the Director shall issue a notice inviting
~ h names
c
of all the claimants of any interest on any lahd or, building uiGn
the area under the scheme to be submitted within a period not more than one
month and submit the same to the Authority aloug with the scheme and the
report
( 4 ) Save x
i provided in the Act, the ~ u t h o r i tshall
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not undemke
or carry out any development of land in any area which is not a ~chcmearea.
(5) ~ r l e thc
r commencement of this Act, no development of land shall
& underlaken or carried out in scheme ark by any person or body of
persons except in thc manner prescribed under section 13 of this Act.
,

RubIncation of rhe Development ~charne.216; T h e Authority shall

have the scheme and the report and names ofall the claimants published in fie
m m e r prescribed in sub-section ( I ) of section 10 and have a copy of them
served on all persons
preferred claims under sub-section (3) of section 15,
inviting objections to be filed within .a Period not more than two months.
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. . (2) After the period for submitting opinion &d objebtion of the pu bfic
or of any interested perso= has expired, the Atithority shaU examine thc
sheme in the light of such opinion arid objection giving su fKcient opportunify
for hearing to all such i~tercsted Perso* who have fid objections and
demanded hearrug in the manner prescibed and shall approve or refuse to
approve or approve with such modfications, as it ma! deem ncccsiary, for the
implemeniation of h e scheme and for imposing for that purpose rcasonahic..
riitrictions in the use of land and buildil~gswithin the area.
,

After the Authority his adopted the scheme, it shall

bc fonvarded
Government for sanc~ionand shall come into force as soon as the
sanction has been atcordid by the State Govcrnment arter taking into account
the financial implications of the scheme.,
. .
(3)

to the State

frnpKcatians of the Developkint ~che-me.-lir. ( 1 ) The Scheme shac

come into f*rce from such date as may he fixed by the - Govcrnment ,:,in
sanctioning the scheme and shall be 'irnplementcd by iuch authority as
& authorised by the Statc Govergment in that behalf, :
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miy

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shall
.
. within the areafor
rhich thc ~ o v e r n m e ~ t
has sanctioned a Development Scheme, erect or proceed, with any. building
or wbrk or rernoie or alter br make additions or makc any substantial
rcpair to building or a . part . of i&.- :a;compound wall .or--any drainage work o r
any earth work.or.change the use,of any.1and.or:buiidingexcept on permission
of the' authority, o n application submitted. br t k purpose. Unlas the
pirmissioohak been refuied within ow,month, frgm t h e dat=.of re=-eipt,of the
appiication it shall &-presumed that ibc permission has been given.
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(2) No

Scope of the Deye!oprnent Scheme.-1.8.

{ - I ) , A -scheme may be
;ad& in. accdrdaice
. . .
with.?he provisions .of the .Act in .respect . of. any,Sand
which is:,

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(b)
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(c)

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likely to be used. for bulding 'purpose, ar

already built

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~ x ~,~ a. k i :-i-o n

in tlie course of. development,,

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(a)

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&all
Tbc expression "~aiid'likely'to be used
. , for.. buildjag
. . &pbsk~*:
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include-& land-likely to'be used as, or for the purpose of Frov~dmiop&
spaces, roads, streets, paxks,,pleasure.or..recreational grounds, parking spaces,
ox foi the purpose*s of executing .any work. upon or,under the +land incidental
to a sdbemk, whether
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a,building wdrk . or not; - . , , - , - L.
. . in .tbe,qature,of
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Such scheme may ....

'make provisions*
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for , any. .,ofthe following
matters :.. - . . . . . . I
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. , (2)

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(a)

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the laying eut : or, rel&hg out

of land, either vacant.
. ,or &ady
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buit upon; . , .
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of low-lying or unhealthy arcas or

(6) thc filling up or reclamation
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Itvelling up of land;

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lay out of new streets or'roads coastructions, diversion, extention,

alteration, improvement. and stopping up of 'streets,'roads and

(c)

communication?;

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Ed) the construction, alteration and removal of buildings, bridges and

'
other str~cturcs:.,,~:
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(e) the allorment ar,.4r~servation

of land, 'for roads, ope? spaoes,
gard6ns,l recrea&, ,+ids,
schools, markets,. industrial and
commercial activities, green b e l k and dairies, transport faciiitim
and public' purp&s&:)if'all kinds; ': .'
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::)-

(fl

drainage inclusive of sewerage, surface or sub-soil drainage

aud
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(..I 1~.
sewagk disposal;''
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(g) lighting;

(!I) watersupply; .
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2.

the preservatiod of ;objects of . historical importance or natural

beauty and of buildings pctually used for religious purpose ;
' - . [ I ; !r . ,
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b? the imposition of condmons and restrictions in regard to the open
space to be maintained.abdut. buildings, the percentage of bif~ding arc3 f i r a
plot, the number, height arid characldr of building allowed in specified areas,
the purposes to which building ,or.specifiedareas may not be appropriate, thc
,.
s&&dihsioo 'plotr,'ibc diacoilibuanc; of objectionable user 0i.1n.d in any
area in rcasonable periods, packing space and ldading and unloading space for
+?yi byildirlg and the sizes of projkctions,and adveitisement signs ; ..
. ..
. .. ,ri .,i ' .- '. . - '
.
',
- ' .I&)
" t h e suspetfslon, so :f+ as may bq necessaTy f o tbe'proper
~
carry'
i n g oui of the. scheme,
,., , , ,,.of
. .-id)'rule;
. .,, ,:. , bye-law rcgu1atioq;'not;fication~
..'
' . . o r ordkr-'&a& or issue8 '"iider any Act of . t h e ~ t i t eLRgislatun
or any of the Acts which Statc Legislature is competent k
,.
ammd
, . ..,. .
;?rf,
:- :
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:r;: ' - 1 ,
- , ,; .
':.'(,. ' ( I ) : sud-~bther matter not inwasistent with 'the objects of this Act. - . .
,

(i)

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(3) . T h c draft scheme shall contain thc following particulars :-

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(n) the area, ownerahip and tenure of each origi,wl plot ;.

(b) the land allotted or reserved under .clause (el of sub-section (9

of section 18 with a general indication of the uscs to which such
land is to be put and the terms and conditions subject to which
such land is to be put in such cases ;
..

(c) the extent to which it is proposed to alter the boundries of origi, nal plats ;

( d ) an estimate of the net cost of the schcme ;

'(el
.

a full description of a11 details of the scheme under such clause

of sub-section (Z)ofsection 18, '& m a y be applicable ;

!-.

(1)
ihc

layiog out or relaying out of land either vacant or already

built upon ;

(g) the filling' up or reclamation of low-lying swamp or unhealthy

areas or levelling up of land ; and

(A) any othcr prescribed particulars.

(4) Tn the scheme the size and shape of every reconstituted plot shall
be determined, ,so far as may be, to render it suitable for building purpose
and where the plot is already built upon, to ensure that the building, as for
as possible, complies with the provisions of the scheme as regards open spaces.
,

(5) In order to render, original plots moresuitable for building pur-

poses the scheme may contain proposals;:-

(a) to form a -reconstituted plot by the alteration of the boundrios

.
of an original plot ;
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(b) to provide with the consent of the owners that two or moreoriginal plots ehch of which is held in one ownership in seierality
or in joint ownership, shall hereafter, with or without alteration
of bbundries be held in owbeiship in common as a recanstitutcd
. .
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plot.
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(6) The scheme shall include a11 such provisions as the Aithorily may
think necessary for carrying out the objects of the Act including the following matters.
(0)

the laying out or re-laying

built upon ; .
62

out

of Iand, eitber vacant or already

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(b) the -filling up 'or reclamation of low-lying swamp or unheallhy

areas or levelling up of land ;

(L). .

lay out new streets or roads, construction, diversion, extension,

alteration, improvement and stopping up of strcets, roads and
comlnunication ;

(d) the co~~struction,

alteration and rcmoval of buildings, bridges

and other structures ;

@)

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the allotment or reservation of land Tor road, open spaces, gardcns,

recreation grounds, schools, markets, jndustrial a n d commercial
belts and dairies, transport facility and public
activities,
purposes OF all .other kinds ;
. .

(f)drainage illclusi,ve of sewerage, surface or sub-soil drainagc and

.
sewage disposal ;
.. .

..

. . , .

Is) lighting ;
.

(h) water supply ;

,.

( i ) the preservation of objects of-historical iniportance of mabra\

beauty and of buildings actuauy u s 4 for religious purposes.

Amendments and alterations of the ~ e v e l a + m e n :~cheme.-19.

t

l
has come into force, the Authority considers
( 1 ) If after the ~ a scheme
.'
that the scheme is defective on account of hn error or irregu!*ity* or for any
otb6 reason, it shall refer to the' State Government to modify or withdraw the
scheme and to publish the modified or withdrawn sdieme in the manner
prescribed in sub-section ( I ) of section 10.
. .
.. - .
. '
(2)...-The.modification of the scheme shall . state e v e j amendment
, proposed to be made in the scheme and if a n y such amendment relates to
matt& specaed in any or all of-the clauses ( d ) fo ( I ) of sub-section (2) of
. s&ion. 18, the mod&cation shall ~ S contain
D
.such bl hd; particul'ars &m+y
.
be found necessary by the' aiithorilj;..
.
,
.. . . .
:
. ,
..
.. - ( 3) . The waridon srall be opened to inspeclion by-the public at the'
. _.
of6ce,of the Local Bodyor Bodies as prescribed, covering the ,arm didag
~&;hours. . .
-.. , -.
. ,

I . ,

. .-

.
..,.
.. .,

d...

;.:,a.

( I ) Within one mdnth of the' $at& o fhblicatioh of the rn~dificaciltio~

G3 ''

. .

any person affected thereby may communicate in writing ,his objection to

the Authority,
.

(5) Aftcr receiving the abjection uhdcr sub-section (4) above, tht
Authority may, after making such enquiry as i t m y . t h h k fit, approve the
proposed
modification with or without any further modifi.cation
thereof.

in the
(6) Such madifcation shall take effect as if it werci'n~~rporaied
scheme from the date of its modification.

(7) The Authority sball thereafter submit the modifid scheme to the
State Government for sanction. The rnodi6ed scheme shall be published
after sanction as prescribed in sub-section ( I ) of Section 10.

Power to revoke the Development Scheme,-20.

( I ) Notwithstanding anything contained in section 19, a scheme m y at any time be modified or revoked by a subsequent scheme made, pubIished and sanctioned in
accordance with this Act,

(2). The State Government, at its own initiative or on,the application

of the Authority may at any time, by a notification in the Oficial Gazette
revoh scheme, if it is satisfied that under the special circumstances of
case-shalI
.,,,,

I
I

be revoked ;

. .,:.
-.;'-.
,;.J?roa$ded-that
where revocation or mod5cation is ordered by Government,
, ;, .
,
; ;afi~.k:.e.o$l;-davcpartially or wholly 'implemented, in a scheme, cornpen~ation.shouldbe paid for the necessary alterations in the manner prescribed.

Power of the Authority to

impose restrictions.-21,

'

For the

Purpose of the Master Plan, the, Land-use and Zoning Regulatiori and the

Scheme, the Authority may impose reasonable rcstrictions,onthe,usc of the

Iand and building including the regulating,of:the open spaces to be maintained,
around the building or buildings, the percentage 6f the plot area io be
cOv@ed. by building or buildings, the number of building or buildings on
each blot, height and character of building or buildings allowed in specsed
areas, the purpqe Tor which ,build,ingor, buildings of,the.spedied areas may
or may kot be used, the subdivision of plots, parkiqg space and loading and'
unloading space for any building and the sizes or projections and.such.other
matters not inco~isfentwith the objece of this A,ct.
*
.' ' .
I .

'

NAGALAND
CODE

NAGALAND
A m .4 ,UF 15781)
:
I

..

CHAPTER V

ST.REETS ,AND LAND SU B-DIVISIONS

( 2 ) The authority shall, from. time to

Width of Public Streets.-22.

time, with the saneion of the State Government rprcify the minimum width'
for different classes of , p.ublic streets according to the nature of the traffic
likely t o be carried there, the ldcalities in which they are situited, the heights
up to which buildings abulting the&
may be erected and, other
simifar
.
- ..
I,

considerat ions.

( I ) The width of a new public street shall not bkless than that
prescribed in sub-section ( I ) or that sbown 'onthe Master Plan for the class
tp which it belongs in areas for ivhi=h a Master Plan bas been piepared
.

.,..

Power to prescribe street line*.-23.

The Authority may
a lin'e on one ormboth sides of any public street, pr0vided.a public notice of
the proposal has been issucd by the Authority in the prescribed manner. No
person sl-qll construct or reconstruct any portion of any. building
on land
-- -- ...,:.,:- ,., within the prescijbeg new stiekt line.
,

'.

Setting--bark buildings t o tho pres=ribed, streetline.-(1)

If
any building or any pa.rt pf a building ?buttidg .ona publid strcet is' hithi*
such line of the 'street, the '~uthoritymay require such building to bk kit

back

tr, the

prescribed ~jnc,whenever it is proposed-:. ,,

to re-build such building or to kke

::. ,

.a,,

..

dbkn such bhildihs

,r

- , . ,:,i.'
,:,

.(b), to rkmo~e,' re8onstkuct di- make ;any additiog - to or &-uctural

alteratiori in any poriioi''of such' bui1ding''hkidh is witbinithe

regular line of the street.
: ;,.
..

theredf within the piescribed line

(2) When any building or any
of the-street falls down or is burnt down or is .taken,down, under the pro+
- . .
sions of this Act or otherwise, the. Authority in6 at dn'cs d k i poss&sion of
thc portion of land within the ~iescrib'ed Line of-t&e:&ekt
previously
occupiedbythes~idbuilding~~di~~ne~,~ssaryclearthesame.,
,,.,
,

..

V) Land acquired under the foregoing su5-secfiois.s%all',henceforward

be deemed to be a part of the public street., . .,...- _
I

t:,.

; , . + f

~ c ~ u i s i t i oof
n land b i t h i n the liria of street.-%!':
ifany p r k a
land whether open or ihclbsed, lies within .lhc .preicribkb liiii of a publls
.-

'.TI

6.."s

'
4

l:(:,>i;;j!"

,;

street and is not occupied by a building or if a platform, verandah, steps,

compound wall, hedge or fence or other structure, is within the line of such
street the Authority may, after giving the owner of the land or buildin~a
notice of a'n intention to do so, take possession of the said land with its
enclosing wall, hedge or fence, if any, or of the said platform, verandah, steps,
or such other structure as aforesaid or of the portion of the said platform,
verandah, steps or other such structure as aforesaid which is within the
prescribed line of the street. .
Acquisition of the :remaining part of building and land after
their po'oons within a prescribed line of the street are acquiiad.-26.
-If a building or l$d is partly within the prescribed line of a public street
and if the' Aithority is 'satisfied that the land remaining after exclusion
of the portion within tlie said line will not be suitable or fit for construclion
of independent building, the Authority shall acquire the remaining portion of
the land if so desired by the owner.
Subdivisioh of private land.-27.
( I ) Every person who intends
tp sub-divide any plot af land within thd Master Plan Area shall give notice
m writing to the Authority of his said intention and such notice shall be
&oFPa&d by $e plans and statements in triplicate.
.

,.

(2) A11 phos for'subdivision of land shall be in accordance with the

standards prescrikd by the
. . State Government.
Pfans
.
accompanying
,,
notice.-28.
A layo-ut plan drawn to a suitable
b ~ l eand contaiqing
.
.
the following
. ,
informat ion shal) accompany .the notice
given under section 27 :-

{a) the losation of the land,

(b) the boundries of the proposed land shown on the map, and
su5cient
.... ,, - .. .description
.
,;:a: to
, d e h t the same,

name and address of the,owner of the land,

(c)

.
of the adjacent roads and lanes,
(rl) lgcation, pa,me and present
. widths
.

the major physical characteristics of the land proposed to be sub.+ivided

the approximate location and width
. ... ' inchding
-. . .topography,
.
.. .,.,
. .
of any water course and location of any areas subject to
inundation or flood,
(e)

(f) the complete layout of the proposed subdivision showing the

location and widths of all thc proposed streets, dimension and uses
of a11 the plots,
(g) the locations of all drains, sewers and other utilities,

(h) building lines permissible,

( i ) scale and north line,
(i) key plan.
Sanction with or without modification or refusal.-29.
( I ) The
Authority may either grant or refuse the approval to ,the pIaa or m y
approve them with such modifications as it may deem fit and thereupon shall
communicate its decision to the person giving the notice within three months
from the date of notice.
':

(2) N o person shall be al~owedt o construct a building on any plot of

land, the subdivison of which has not been previously approved by the
~uthorti~.
.
,

Layout not according to plan. -30. Should the ~ u t h o r i b

determine
at any stage that the layout or the construction is not proceeding according
t o sanctioned plan or is in violation of any provisions of this Act, it shall

serve a notice on ihe applicant requiring him to stay' further execution until
correction has been effected in accordance with the approved plan;
~ e n a ' l tfor
~ . violation.-31.' The Authority will have - power to
impose fine not exceeding rupees-two huodied and fifty o n 'anyperson, fiim
mrparation who violates, disobeys, refuser to &mPIY &th, or who resists
the enforcement of any of ,the provisions of this Act. Continuation of the
shall constitute -offence for which a h e of rupees H t y per day
may be imposed for the days after the first conviction. An appeal shall Iie
to the Appellate Authority constituted under this Act.

AQUISITION OF

LAND

Power of State Government: t o oquire land.-32.

Where on the
representation of the Authority it appears to the State Government that in

order to enable. it to execute the scheme it is necessary that land within,

adjoining or surrounded by any such area should be acquired, the State
Government may in consultation with the Council acquire thc land by publishing
in the Official Gazette a notice to the effcct that thc State Government has
dccided to acquire the land in pursuance of tbis section.
of the land
Proceeding for acquisition of land.-33. (1) The
Acquisition Act, 1894 [I of 18941 shall be applicable for acquistation of land
under this Act and the cornpenstation shall be computed under the provisions
of the same Act.
(2) In computing compensation for land acquired,'thevalue will be the
market value 'as it prevailed on the 1st January, 1962.

(3) The owner of the lands w ~ l also

l
be entitled to the reason'able cost
of development, if any, made during the period.
(4)

of the land.

Twenty-five per cent increase in value on the date of acquisition

Subject to the rules made under this Act,

and with the previous sanction of the Statc Governkent, the Authority may
retain, Icase, kxchan& or othcnvise transfer '.any land acquiricd by it under
this Act;
I:
Disposing of land.-34.

Prbvided ,that in case . of lease or transfer-tbe .owner will

priority, if :dueto acquisition he-becomes landIess.

get

first

Provision of privaw negotiation before compulsory acquisition.35. ( I ) , .-TheAuthority may in the first instance, make reasonable efforts to
purchase~anyland by private negotiation.
' (2) lh'$seof failure to purchase the land by private negatation within
. ,
a specgkd thne;'thevsaid.land shall be - compulsorily acquired.

(
Nothing in this section shall bowevrc, debar the State Government
or a local authority from compulsorily acquiring any land without 'prior
private negotiation.

Payment to owiier, by edjurtment.-36. All payments due to be made

to any fier~on
by
the
Authority, under this Act, shall so far as possible, be
,, : . , ,
1
-t-,,.-.,
madp ,byan, aijuatment in' rcspecl of the p l ~'iioncerned or of any other plot
, (t!',
in -4hi65 he hismiininterest and failihg siichiadjustment shaU be paid in cash or
2,:

in such other way as may be agreed -.uponby the parties.

'

j
!

'

N A G A L A ~ACT 4 U F

NAGALAND
CODE

~YOD

CHAPTER VlI
CO MPENS ATTON AND BETTERMENT.
Right to compensation.-37. Any person whose progeey,isinjuriously
affected in value by rhe making of a scheme: shqg, i f be qakes a claim
For the purpose within a psriod of threc months after the date of publication

of a notification sanctioning the scheme under section 16, be entitled to

obtain compensation in respect thereof from the authority.
N o right to compensation.-38.

j
.

A person shall not be entitled to

obtain compensation under foregoing section on account of any building
erected oa or contract made 'or other thing done with respect to any land
within.the area included in a scheme after the date of ihe iotification of the
scheme under section 15;

Provided that this provision shall not apply Fo i?py buqding erected,
made or other things done io a&orda*ce wi* &e'$cmiis&i
..
g r a n ~ dunder
,
sections 13 and 17, of this
.
Act.

wnt-ct

Power of Government, to exclude compensation

cares.-39.

(0

in =ermin
No compensation shall be payable in respect of &y

property which may be injuriously affected by putting into pp,eration

of any provision of the scheme which :,

(a) prescribes the space about buildings ;or

(b) limits the number of buildings ; or

(c)

regulates the size, ,height, design or external 'apphrance

,
.
.. ' .
of buildings ; ar
.
.
,
'

. .

'-,

'
'

(d) prohibits or restricts building operations permanently.o r . t e m @ ~

rarily on the ground that erection of buildings \hereon,will be
l.-*.l,.
el;eir to be injurious t* the
~ ~ ~ ~ ' * ~ ~ +,' pr
+Fjs
neigh baun .&' likely t o cause cx~essi&jexpenditure. of publjc
,,.- - -.
?
"., ,,! - .
mo&y in making pidiirion b r rdads, rrwiiia,. waikr supply
o r ,other public servlqes
.
. . ,; or

,.

1 :...Ti!->

7"

(e)

'

prohibits or restricts the use of land or a building for

,I, .
.purpdrc which hiy involqc d?lgeC or injury to pubkchy.,I,

, .

a
.

r..'

.;

7 , -

or 'the health of the occupants or their neighbours or for

purpose which is against pubLic policy or public morals ; or

(f) in the interest of safety, regulates the height and position of

proposed walls, and building fences or hedges near the corners
or bends or roads ; or

Cg) in the case of the erection of any building intended to be

used for purposes of business or industry, requires the provision
of parking the vehicles.

(2) No compensation shall be payable for refusal of permission to

makt any alteration in any building which i s not in conformity with
the use s p e ~ S e din the PIan or in the scheme.
Right of owner t o require Authority to ,acqulrs or purchase
l a n d . 4 . (I) .The owner of any land which is to be acquired for
purposes of a -scheme 'hay, at any time, afcer fhe sanction of the scheme
by the ~overqnent,' by a written notice ,to the Authority in the
prescribed manner, call upon it' to acquire 6r purchase the land' in 'so
far as the land is to be acquired, by . the State Government or the
Authority.

(2) Ifnwithin. six moats of the service of the notice under subsection ( I ) the Iand is not purchased or acquisition proceeding are
not started the scheme, in so far as that land is concerned, sball be deemed

have been withdrawn and all notices and orders in that connection
shall lapse.
.
.
to

of betterment fee.41. ( I ) Every property which has

increased' in value due to its inclusion w i t h 8 an area under a plan or a
scheme or due to the execution of such schemes shall be charged with a
betterment fee ;

provided that no such fee shai be levied on wch public land or

building as &g used fbr charitable, reli~iau and educational purposa
or'for.places'bf
nonprofessiod
entertainment and recreation.
.
.
I..

(2) betterment fee shall be an amount equal to - twenty percent

in w e of residential holdings so long the original owners use for their
residences and equal to fifty percent in case of non-residential areas and
bill bi: realised in five equal instalments.

1
I

i
i

Explanation.-The increase in value for this Section shall be the

increase in the market prices between the date on which a notification under
sub-section ( I ) of section 15 has been issued and the date on which the
cxecution of the scheme has bccn substantially completed.
I

(1) Any person aggrieved by the decision of the Authority

with respect to matters of compensation and bettement fie, may appral
t o the kppellate Authority wit h;n thirty days of the award.
Appeal.-42.

(2) If the owner of any property objects to the- amount of bertcrrnent fec determined by the ~ u i h o r i ton
~ any ground he shall also
state the amount which, he conteds would be correct and may within
thirty days of the date on which the determieation of his objection
or appeal becomes iiilil by written notice, require, the authority to
acquire thc 'property togctber with any building o r other works that
iliay exist thereon.

(3) The authority shall thereupon acquire the property.

APPEALS AND THE APPELLATE AUTHORITY

~ ~ ~ o i n t i i i eofi l ~
t p ~ d l a~t ued i i j - r i t y . - ~ .(1) Save as bthemise
provided the State Governmeht s'hafi app'oh an Appellate Authority to
bear all appeals arising out of ihe provisions df this Act: The decision
. of Appellate Authority shall tie fiiial.
'

.a,.+

'

(2) The person or persons ,appointed -by the stit=

as Appellate ~ u t h o A t yshall havk thk qualifications ai
be prescribed
under this Act. The appointment shali be on such terrns.aid condition
as the Statc Government may decide.
,

Duties of Appellate Autority.-44.

of

! ' a 8 . - ,

&

( I ) The duties and powers

the Appellate Authority sliall be,as.follows :(01 to hear and decide appeals against thc order of the ~uth'ohty,
()

to decide and hear appeals in respect of such other matters

and exercise such other powers as may be entyited to and
conferred upon it by the State Government in accordan& witb
the provisions of this Act,

..--.. -

.-

,-

. - . -- .
NACALAND
ACT 4

NAGALAND
CODE
,

,,

'..

,'

OF 1966

,
I

(2) All ~ppealsto the Appellate Authority shall, bc filed within

a month from the date of the order appealed against. The time required
for taking out copies of the order shall be, excluded. Tbe Appellate

Authority may, however, in its discretion condone such delay iri filing
.
appezl for-sufficient reasons.
,

P r ~ c e d u r e o fworking of the Appellate A u t h o r i t y . 4 5 . ( I ) The

Appellate Authority shall conduct its proceeding in thc prescribed manner
after
the 'opposite party or any one,interested in thc order appealed
against an opportunity of bkiag heard.
I . .

(2) The '~ppellateAuthority may, at any tirnc, call for any extract
frqm any proceeding of tbe state' dovernmeot or Authority ind call for
any return o r statedent or report . concerning or connected with any
matter with which the Authority has bcen authoriscd to deal.
'

be Appcilatc

'

1-

~ u t h o r i tahall
~
have all the pbwerr d a Civil
Court for the purpopses of taking evidence on oath and of enforcing the
attendance of witnesses includiqg
.
:the partia iatercstcd or any of them and
compelling the production of documents and material objection if considered
' . I
.;
necessary.
'
'
. .

(3)

..

.
(4) TheVAppellateAuthority in its discretion. may make any orders
regarding the cost to bc pajd by any.of.,the parties t o , the. irdccedings. and
Appellate+Authorityshall-have full powers to,.determinebi'bhorn or -out of
what property and t o what extent ,such costs. are to be piid and. the
apthqrity
sbav, be bqund to execute orders of t h c Appellate Authdriiy in'
: I.
.'I I..I
accordance with.' the' direictiehs;:',if:
any,'-contaiicd in ,the order k d such
,

.-

'*'. ,, , . , . <p+i or a m ~ u h pawarded

,
byr-thb,'App$l~fe
~ ~ i h d r ishall
ti
. ,:,
A

arrears of land revenue.

0-

/,

be rcalised ai

*,

I',..

'

.r

,
,, fiight to appepr: bylrecognised .agent.-46. -Every party proceeding
befare the Appellate Authority shall beentitled to appear either in peFon
o
. r, .by.,
his reqognised .ageat.
, .
.,
;, , , ,
.
,

, .

( I ) No suit,
pr&ecttion ' ormother ':r&galm
prbCeedibEs' shall l i e against any person for
&&hi& which is & g60d- faith donklbr -intended l o be done in-pursuance
.
of this Act or order made thereunder. -:.
-.!":, prgt&i&i:

of a&&'

-tiken' ;under this ~ & . - 4- 7 .

(2) Save as otherwise expressly provided in this Act, no suit or

other legal yroccedings shall lie against the State Government for any
damage caused or IikeIy to be caused by. anything in goad faith done
or intended to be d o ~ cin pursuanace of : this Act

or any order made

thetcu nder.

..
CHAPTER
,

IX

8 .

.
-

FINANCE

,
I

~ e v e l k ~ r n ~Fund.48.
nt
The receipt of any money by Authority
under this Act shall form a separate development Fund and', all. expendi~ure
under this Act, or any development scheme thereunder, shall be defrayed out
of slich had. ~ 6portion
% 'of the fund shall, ex&pt with thd sanction of
~ o ~ c ~ n be'kxptndcd
~ e ~ t r, ' for purposcs ndt provided.by this Act.

. '

' I

.Powers t o borrow.49. Authority as defined

,..
in this Act shall bc
decme&to be a..local Authority defmcd in the Local Authorities Loam Act,
19 [4 (9 of I9 L4) for the pup~p0s.cof borruwiug money under that Act,.and thc
m~kingand execution of a plan and-schemc shall be deemed to bc a .)vprk
which such local Authority is lgally authorised to carry
. . out.
.
. :

Grants, advances and loans.-SO.

The Government make such
grants, advancks; and loans to auihority as the Government ,may. ,$em
necessary for tho performance of unctions of the authority ,under this Act. .

, ,

LEGAL PROCEEDINGS ;

,;I

'

Penalty far breach of t h e provision of the Master ~ i a nbr

s & ~ m & ~ - - k i . ( I ) Wti=n-aMaster Plan or a scheme h;ls ;bein - sanctioned
under thi3 Act any pcrson who commits or knowingly permits a .breach of any
>p&ified $revisions 'OF the Master Plan or of the scheme or who neglects. ,or
faiii to ' compiy
. with ' any such provisions shall be punishable under this

f;'.li&:'

. . ..

- .

,-

*.

such

!2) In ease of any

breach o r default the Authdrity shill 'send to
ahy such pbfson a'notice calling on hidl to- di~continue the brcnch or cause
it-Lo be discontinued or to comply with such pravisioa of the Master. Plan o r
*

trnuALANU

NAGALAND
A c 4~ OF I966

LODE

the scheme within a time to be spccjfied in the notice.

(3) IF after such time any such person under sub.section ( I ) continues
to neglect or causes a breach of any specified provision, such prson shall
be prosecuted and on conviction by any officer exercising the powers of a
,magistrate be punishable by any or all of the following :(i)

with fine which may extend to rupees iive hundred with or without
simple imprisonment not execeeding a perivd of rwo months ;

if the breach, neglect or failure continues after such conviction

. with
. fine which may extend to mpces thirty for every day during
which the breach, ncglect, or failure continues' after such
conviction.
-

(ii)

, , I .

Powers to execute works on failire to =omply iith.hotiee.-52.

I T a notice has been givm under this Act
a person requiring him to execute
a work in respect of any property, movable or i&ovable, or to piwide or do

br refrain from dorig anything within a time specified in the -noti= and if
such person fails to mmply with such notice, then the authority may cause
such work to be executed or such thing -to be provided or done, 'and may
recover all expenses incurred by it on such account from the - said*person as
.
an arrear of land revenue.
'

I '

Right of acibpier to exectite works in default of : owner.-53.

Wben defauit 'timade by the owner of a building or land in the execution of
any .work reiluired under this Act to be executed by him, the mupier. of such
building or land may. w i t h the prior approval of the Authority cause such
works to be executed, and the expense; t h x z o f shall, in the absence of -any
contract to the contrary, bc paid to him by the owner, or the amount may be
deducted out of he r e n ~from time to tirne.becming due from him to such

owner.

'

Procedure upon opposition t o execution by occupier.-5,4.(~ If after

rmeiving ioformation of ihc intention of the owner of any building land to,
take any action in respect thereof in compliance with a notice issued under
this Adt, the occupicr refuses to allow such owner to take action, the owner,
may apply to the Deputy Commissioner. Addl. ~ e ~ ~ommissiooir
u [ ~
or
Asstt. to the Deputy Commissioncr, as the case ]nay k.
-

(2) Thc Dcputy Comrnissianer, Addl. Depury Commissioner or Asstt

to the Deputy Commissioncr upon proof of such refusal may make an order,

74

in wrkting requiring the occupier to allow the owner to exccute all such
works, with respect to such building or land, as may be necessary for
compliance with the noticc, and may also, if he thinks fit, order the occupier
to pay the owner Ihc costs rclating to such application or ordcc.

(3) If after the cxpiry of eight days from the date of the aforesaid order,
the occupier continues to refuse to aUow the owner to execute such work, the
occupier shall be liable upon conviction, to a fine which may extend to rupees
thirty for every day during which he has so continued to refuse.
,

(4) Every owner, during the continuance of such refusal shall bc discharged from any liability on account of such breach or default.

Recovery of cost of work by the occupier.-55. When the occupier or

a building or Iand in compliance with a notice issued under this Act, executes
a work for which the owner of such building or land is responsible,, either in
pursuance of the contract of tenancy or by law, he shall, in the abence of
any contract to the co~ltrary,be entitled to recover from the owner by deduction
from the rent payable by him or otherwise the reasonable cost of such work.

Penalty for obstructing contractor or removing

,

mark.-56.

If any person :.

(@)

obstructs or assaults any person with whom the authority has

entered into a conttact for the performance or execution by s.uch
person OF his duty or of [anything which he is *owered
or
required to do under this Act ; or

(b) removes any mark set up for the purpose of indicating any level , or
direciion necessary to the execution of work+ autherised under this
Act, shall be punishable with'fine which may extend to rupees five
. .
hundred or with. or without .simple imprisonment for a term
which may extend t o two months.
Officers under the Act t o be public servants -57.
Every officer
and servant of Authority and every other officeremployed by the State'Governmerit for the purposes of this Act,'shall be deemed to de a public sewant
the meaning of section 21 of the Indian Penal Code (45 of 1860).

Authority for prosecution.-58. Unless otherwise expressIy provided,

no court-shaI1take cognizance'ofany offence punishable under this Act, exkept

'

on the complaint of, or upon information received from, the Authority or

some person ~uthorisedby the authority by orders in this behaIf.

Power of authority t o institute proceedings. etc. and to take
The Authority shall, subject to rules framed under this
legal adviee.-5g.
Act, have powers t o :(a) institute,

defend

or

withdraw from legal proceedings under this

Act ;
( b ) compound any offence against this Act, before the matter is referredto the court ;
(c) admit,

compromise, or withdraw any claim made under this Act ;

and

{ d ) obtain such legal advice and assistance as it may from time to time
think necessary or expedient to obtain for any of the purposes,
refcrred.to in the foregoing clause of this section for securing the
lawful exercise or discharge nf any power or duty vested in or
imposed upon the Authority or any officer or servant of the
Authority.
(3) No suit,
prosec.ution or other proceedings shall lie against an authority or any officer
or servant thereof or any p,erson acting under thei,r direction or any Government officer or servant employed for the purposes or this Act for anything
which is in ggod faith .done in pursuance of this Act. or any ruIes made
,thereunder.
Bar t o suits and prosecution in certain cases.-60.

'

(2) No suit, prosecution or other proceedings shall lie against any

oficer or servant of. the -Authority or any ~overnment officer or
servant em$loyed for the purposes ofthis Act for anything done under this :. ( a ~Unless

the previous
obtained ;and

sanction of the Slate Government has been

(b] until fhe expiration of two months afIcr notice in

. writing
.
has been
t i the person to be used, clearly gating the causF qi ?c$on
and the nature of relief sought and o!hs like particulars.
,.,

-,

Punishment for malicious abuse of powers.-61.

Any
. - officer
,
ar

'sen!a_nt i f t h e Authority or of the Government who wilfully .or

. p~gljgently
.., . . , .

NAGALAND
Acr 4 OF 1966

- - -

abuses any power conferred on him by or under this Act, shall be punishable
with imprisonment which may extend to six months or with fine which may
extend to ntpees five hundrcd or with both ;

Provided that no prosecution shall be instituted under this section :(a) unless the previous section of the State Government has been

obtained ;
jb) until the expiry of two months notice in writing has been givcn
to the person concerned clearly stating the cause of action and the
nature of relief sought and other like particulars.
Registration of documents, plans or maps in connection with
scheme.-62. . (I) Nothing in the Indian Registration Act, I908 ( XVl oi
1908),shall be deemed to require the registration of any document, plan or
map prepared, made or sanctipned in connection with a scheme which has

:comeinto force.
(2) All such documents, plans and maps relating to the sanctioned

.bh& shall, for the purposes ofsections '48 and 49 of the Indian Registration
Act, 1908 ( X W of 1908) be deemed to have been and to be registered in
accordance with the provisions of that Act ;

Provided that documents, plans and maps relating to the scheme shall
,be accessible
. .
to the public, free of charge ;n the manner:prescribed.
Orders under the Act not t o be questioned in any Court.-63. No
order made in exercise of any power conferred by or under this Act shalI be
cklled i i qhestion in any court except as provided in this-~ct..

. :".

'

~fiectof .order inconsistent ,,with othr r enactments,-:64. . Any

order made under this Act shall have effect notivithstandidg awFhing
inconsistent therewith contained in anv e'kctment other 'than this' ~ c t
of -:any:instrument having effect by virtue of any enactment .other than
:

.',

- .r,::-

-.
-

MISCELLANEOUS .PROVISIONS .

Service of notice.-65.

served as prescribed by rules.

Every notice issued under this Act shall be

Method ofgiving publlc notice.-66.

Subject t o the provisiom of
this Act, every public notice required under this Act shall be deemed to
have been given if it is pnblished in some local ncwspaper (if any) or a
paper of general circulation in the area and posted upon a notice beard
to be exhibited for pubiic information at the building in which the
meetings of the Local Authority are ordinarily held or by publishing it in
Official Gazette.
Formal defects in assassment and demands.-67.

No assessment

list or other list, notice or other such document specifying or purporting to

specify with reference to any charge, or fec, any person's property, thing
or circumstances shall be invalid only by reason of a clerical or technical
mistake in the name, residence, place of business or occupation of the person
or in the description of property, thing or circumstances and it shall be
sufficient if the person, property, thing or circumstaices is described
sufficiently for the propose of identification, and it shall not be necessary
t o name the owner or occupier of any property liable in respect of- the
charge.
Power and,.duties of Police in resped of ofienees and assistance
to Authority-68.
Every police officer, mauzadar or officerof the Locaf
Authority shall give immediate- idomation to the Authority of an dlf~ace
coming to his knowledge wbich has been committed under this Act, or
against any rule, made under this Act abd , sbaI1 be bound t o assist all
members, officers and servants of this Authority in exercise of their lawful

authority.

'

Decision of disputes ' between. Authority.-69.

. Should a dis$e
arise between the Authority and any other Local Authority on any matter in .
which they are jointly interested, such dispute shah be referrd'to tbe State
Government, whose decision shall be h a l .

.,

Power to enter into land for inspection, ete.--70.

For the purpose
of making or execution of any scheme, the Authority or person appointed by
the State Government, their subordinates and contractors m a y enter into or
upon any land, in order,

. .

(a) to make anyinspection, survey, measure, valuation or enquiry ;

.
.
,
-

(b) t o take levels ;

78

(c) t o dig or bore into the sub-soil ;

(6) to

set out boundaries and intended lincs of work ;

(e) to mark levels, boundaries and lines by marks and cutting

trenches ; or
(f

do any other thing, whenever it is necessary to do so, for any of

the purposes of this Act or any rule made or scheme sanctioned
thereunder or any scheme which the authori~yintcods to frame
thereunder :

to

Provided or follows :(a) except wben il is otherwise specially provided by a rule no such
entry shall be made between sunsct and sunrise ;

(b) except hen it is otherwise especially provided by the rules, no

building which is used w. human dwelling shall be so entered unless
with the consent of the occupier thereof, wirhout giving, the said
occupier at least 24 hours previous notice in writing of the intenttion to make such entry ;
, ,

(c)

due regard shall always be had, so far as may be compatible with

the
of the purpose for which the entry is made to
the social and religious usages of the occupants of the premises
entered.

Mode of proof o f the records of the Authority.-71.

A copy of
receipt, application, plan, notice, order entry,in a register or othcr document
in the possession of the Authority shall, if duly certified by the lawful keeper
thereof or other person -authorised by the ~ u t h o r i in
t ~ this behalf be
received as primafacie evidence of the entry or document and shall be
admitted as evidence of the matters and transact ions therein recorded it)
every case where, and to the same extent as, the. original entry or document
would, if produced, have been
.
admissible to prove such matters.
'

'

'

. -.

Power of Authority tq, make agreaments,-72.

The Authority
shall bt wmpctent to make any agreement with any person in respect ofany
manner, which is to be provided for in a scheme and, unless it is otherwise
&pr&sly provided 'therein, such agreement shall take effect on and after
the day on which the scheme coma into force.

Power of the State Government t o make ruler.-73.

(-I) The
Yate Government shall have power to make specific rules in respect of the
bllowing matters.
'

(2) ln particular and without prejudice to the gcnerality of the

foregoing powers, the State Government in consultation with the Council
shall havc pomcr to make rules in respect of th; following matters.
.
t i ) The manner of the publication of the notification regarding
scheme, their modifications, variations, revpcations,, :submission
and sanction by the State Government,
,

..

-!

(ii) Powcrs that may be delegated to any Authority established

I
under' this Act or to ,anyofficer.

'

(iii) ~rocddure td be adopted'for securing co-operation of various

..
Govcrnment Departments, the owners or other persons oi.bodies
in schemes. ,
. interested
.

All matters -pertaining to - land acquisition including procedure

and making' of 'awards. compeisation arid the possession of
land by Authority in ordinurjt ihd emergent cases.

(iv)

Citlculat ion, $sscssmen~and payment of compensation inkespect

of prdperty which is iijuriously affected within'.the meaning
'. .
asGgned to it in scction 37 df this Act.

(v)

'

,3

Calculation, assessment,
c o n t i bution.

(vj)
,

and

collection

7-

betterment

of

.,
. ,
":

,
'

,,

., , - ,

Procedure of filing, hearing and deciding objections and appeals

,under the Act and all matters connected therewith.,

(vii)

{viii) The -ddegation of powers to and the duties- that shall,..be

discharged by the Dircctor and the mattewon which and the

:

. manner in which he shall be consulted.

..

, .
.

.-,'

(ix). Matters other than those refeikied to in firegokg clauses iihjc6

,are expressly or - by implication required or allowed by thjs Act
,.to be prescribed by-rules:
.. .- , .. .. ,. . . ..:... . ,;
, - . , .
. .. - .._
. , ( x ) Creation and administration of fuqd .' f o f, the
,
,.-:,,purpo&"
.,
'of
..J ,n;-,
iln?lleo:c~~izg
1112 prbvision of rhk Act,
' .' ., , ; ,' , :
:,.., , . , ,,
'

',

'

Every rule made under this section shall be laid, as soon as

may be after it is made, before the Nagnland Legislative Assmbly while it is in
for a total period of seven days, which may be comprised in one
session or in two successive sessions, and if before the expiry of the session
in which it is so laid or the sessions immediately following, the Nagaland
Legislative Asscmbly agree in making any modification in the rule or the
Nagaland Legislativa Assembly agree that the rule shouId not be made, the
rule shall thereafter have effect only in such modified form or be of no effect
as the case may bc; so however, that any such mbdificatjon or annulment shall
bc wilhout prejudice to the validity of anything previously done under ihat
(3)

rule.
Power of tho Authority t o make bye-laws -74.
(11 The Authority
shalI have power to make byc-laws in respect of the matters enumerated under
this section and not inconsistent with the. rules made by the State
G overpment :- .
. .

land sub-division and layout of public street,

(i)

(iii) street Ianes

ofthestreet,

I,

(v)
.

,.

-.

:.,

'

_.

regilitibn &d display of advertisement in the inkiest of -kneGt$,

-aesthetic, or public safety,
,

regulations in any manner nat specifidiy Provided for in this

Act, the erection of any fnclosure, wall, fcnce, tent or other
struetire on any land within .,the limits of the ~uthodty.

(vi)
,

and seetting ,back of buildings from the regular line

zoning regulations prescribing the type of description of .budding

which may or m& not be and the purpose for which a building
may or may not be created, in any prescribed area or areas,

(iv)
,

(ii) width for different classes of public streets a&rdiig to the nature
of traEc t o bc carried thereon,

I!.

(2) The power to make bye-laws uyder this

subject to
. Act
. sball,be
, .;
the cbddition of preSious
ppblication.
.. -. ,
'.
,.,
,I;,.

;::

(3) 'No,such bye-law shall, come, into force untiI it is approved by

the State Government.

(4) The Suite ,Governmentmay canel their w a a t i ? nof any such

b&l&,and thihereupon the bit-law shall c& to have,. effect.
.
,

THE NAGALAND TOWN AND COUNTRY

PLANNING (IST AMENDMEHEHT)
ACT, t 974

(NAGALAND A C T NO. 2 OF 1975)

(~eceived'theassent of Lhe President on the 1lth'lune,1W5 and
published in the Na@and Game Ewaord'ary doled 266-1975)

Act

to amend the NagaIand Town & Country Planning Act 1964.

It k hereby enacted in the twenty fdth year of the Republic of
India, as follows :1. Short tiUe, extent and carnmenwment.
(1) This Act may be called the Nagdand
Planning ( A m t o b e n t ) Act, 1974.

Town & Country

(2) It extends to the whole of Nagaland.

(3) It s h a l l come into force at once.

2. De!niUon.
In Sedon 2 of the Nagaland Town & Country P l h g Act 1966,
hereinafter mentioned as "Principal Act."
(a) The foUowing shall be inserted after Sub-section (8)and sball
be omtibered as @A).
"(8A) "Government" means Nagaland State Government."
(b) The following sball be inserted after Sub-secLion (l5) and
shall be numbered as (15A).
"(l5A) "Section"and "Clause" unless otherwise stated mean the
Section or Clause af cbe Nagaland Town and Country P l b g
A d 1%."

3. Amendment of Se~tloo3.
In Clause (vii) of Sub-section (i) of Section 3 at the Principal
Act tbc words "electcd by the Assembly" sball be substituted by
[he words "nominated by the Speaker ol tbe Nagaland Legklative
Assembly from amongst its members."

4. laserlion of new Secllou 13 (A) in the NagaIand Act 4 of 1%.

Afier Section 13 ~f the Principal Act the following shall be inswted
as Section 13 A namely :-

"I3 A. Resp'ction on me of land prior fa sanction :(I) The Slate Government by notifidion may impose the reslriction under Secfron 13 from the date ofpub&cationof intention

of Master PIan of any Town or Area.

(2) Sucb publication of intention as referred to in Sub-section
(1) sbd give detailed description of the boundary of the area
wnwned.
Quitmotion : Such area as defmed in Sub-section (2) may not
cxactly correspond b the Master Plan area and may exceed tbe
area actually coasidered for Master Plan to ao extent as remmmended by the Director and accepted by the Government."
5. Insertion o l new Section 21A in the Nagalaod Act 4 of 1%6.
After Section 21 of the Priucipd Act the followiug shall be inserted
as Scction 214 namely :21A. Pemiission fo be takcn fw consInrction, after nonj7cahbn of
intention 01Preparation of MuIer Plan Development Scheme :After publicatios of notification of intention of preparing a draft
scheme under Section L5, no person shdi erect or proceed with
any building or work on, or enter into or carry out a contract in
respect of land within the area included in tbe scheme unless be

has applied for and obtained written permission in cases where

a scheme has not be sanctioned from the Authority :

Provided h a t 3 within 6Q days from the dace of receipt the

application, the Authority does nor communicate anything to the
applicant, ~crmissionmay be asfumed to havc k e n grantad."
6. Insertion d new Section 32A in the Nagalaod Act 4 ot 1%.
After Section 32 of the Principal Act, the following shall be
inserted as Section 3% namely :"32A Land ~c&ifion for purposes of Lhis to be for public
puposes:- Land needed for purpose of a Town Plaaning 3 of
1894 Scheme or Master Plan shall be deemed to be land needed
for a public purpose within the meaning of Section 3 Sub-section
( f ) Clauses ( I ) & (2) d the Land Aquisition Act 1894."

I . Amendment of Section 23 of Act 1 of 1894.

--

The fullowing shall be ioserted as Section 32B :-

"32B.Amendment of Section 23 of the Land Acquisition Act, 2894

for purposes of I a/ 1894 Land Acquhilion under {his ACL

When any Iand is compulsorily acquired for the purposes of thc

Master Plan or a scheme under this Act, Section 23 ol the Land
Acquisition Act 1894 shall be suhsril rrted as hcreinafw ~ i v e n

namely :
23. Mallem to be conridered in dcternrir~ir~g
Cot~tpa~satiotr
:
1. In detcrminiag the amount of compensation LO be acquird
for thc land or any intcres~therein acquircrl under his Act,
the Arbitrating Authority shall lake into considerariun oi the
foIlowing :
(a) The market valuc of the land in question as laid down
in Secrion 33, Sub-seaion (2) of thc Nagaland Tuwn
and Country Planning 4 c 1 1966.

The use to which Lhe land was put on the dale of

publication of the norificarion under Scction 32 of the
NagaIand Town and Country Planning Acl 1966.
(c) The damage sus~ainedby the pcrsr~ninicrcstcd hy reasoll
of the taking of any standing crops or lrces which may
be on the land at the rime when rhc k s s e s ~ i n nw:ls
taken hum him.
(d) The damage, if any, sustained by the person jn~erested
at the time ofthe possession being rakcn from him by
(b)

reason of severing such land from his other land.

(e) The damage, if any, susfained by the person interestctl
at the time of the possession bcing taken from him uF
the land by reason of the acquisition injuriously affecting
his other properly movable or inlmuviblc in any o ~ l l u r
manner or his earnings.
(0 If, in consequence of the acquisition uC land, t h e person
interested is compelled Lo change his rcsidencr ur pkacr:
of business, the reasonable expenses, if any, incidental
to such change.
fipiurruiio~t; The market value shall be w indicated in Section
33, Suh-scc~ion(2) of the Nagaland Town and Country Planning
Act 11166.
( i ) The n~arke~vzlluc,
in lheabsenccof any land Revenuc
Recurds [ha[ e f r c c ~
shall be assessed by a Revenue
I>lficial oC [he rank d the Suh-divisional O & e r or
thc Additional Deputy Commissioner, wh'o for the

purposes of this Act s b d be called rhe Assessbg

Aulhority for land acquisition.

(ii) The Assessing Authority shall assess value of the

Iand to be acquired and shall communjca~ehis
decision in writing lo the owner.
( l i ) If the owner is not sarisfied witb &beassessment, he
may fde an appeal within thirty days after receiviag
the communication to the Deputy Commissioner
who for &be putpose of this Act sball be c d c d the
Arbitrating Authprity. The decision of the Arbitrating Authority in this regard sball be rind and biding
on both partics.
(iv) Evcry Anessing Authority far Land Acquisition
shall maintain a Rcgister showiog all land assessments done to-date. Such-a Register shall furnish
information of each plot of land regarding location,
boundaries, dimensions, area, ac-ibility,
use at
the time ofasscssment and any other relevant factor.

THE NAGACANO TOWN AND COUNTRY

P ~ A N ~ N(AMENDMENT)
G
ACT, 1981

<

NACALAND ACT NO. 1 OF 1982

(Received Il~emsenf of the President on 22nd January, 1982)

An

Act
tn amend the

Nagaland Town and Country Planning Act, 1966.

1. Short title, extent and commencement.

It is hcreby enactcd in the thirty second year
Ihdia, as follows :

of the Republic of

(1) This Act may be called the Nagaland Tom and Country
Planning (Amcndmenr) Act, 1981.
(2) 11 cxtznds to the whole of Nagaland.
(3) 11 shall bc deemed to have come into force on and with effect
from t h c datc or commencement of the Nagaland Town and
Country Planning Act, 1966.
2. The Preamble of the Nagaland Town and Country Pianning
Act, 1966, hcreinalter called [he "Principal Act" shall bcsubslituled
as

rt)~~cbws
:

"PrcamhIc;:Whcrcas it is cxpedic~~l
to provideror (he developrnenr
of Town and Counlry sidcs in the Stale of Napland and othcr
nlatt~rs."

3. Definition.
Suh-scclicln ( I ) rrl Scclitkn 2 nf lhc "Principal Acr" sltall hu
suhsiitutcd as Inlluws :
"(1) Aulliority shall rncan Dcvclopmcnt Aulhority, Nagaland
mnstilutcd by Ihc SLaIc Ciovcrnmcn~for the purpose of adminisrcring (he Act."
4. I l l s r r l i r ~ rnf
~ Chitpter IIA.

Al'tcr scction X (\I' the P r i ~ i c i ~ aAct,

l the icllluwing chaplur shall
t ~ ci~lscrlccl:

Chapter UA
8A. ~onstitutionof Development Authority : The State Government may by norification in the official Gazette consti~ulethe

Developmenl Authority, Nagaland consisting of Chairman, ViceChairman and such number of Members, for such term and on
such cnnditions as may be prescribed.
8B. Functions of Developmenr Authority : The functions of the
~ e v e b ~ r n e nAuthoricy
t
shall be as f?llows :
(I) Implementalion of Master Plans lor various urban arcas in
L ~ Statr-.
C

(2) Jn~plementationof Social Housing Schedules including land

dcvclopment and dispoml.
(3) Construction of Hotels, Cinema Halls,Market Cornplcx, other
urban infra-structure and may other projects as dirccted by
thc Government..
'(4) To promote and enforce building bye-laws for selected owns
.

(5)

in the State.

To cxecute construc~ionworks on behalf of thc Government

entrusted to the Authoriry by the Governtncnl.

(6) To perform any nrher function which is supplcmcotal, incidental or consequential to any of (he functions aforesaid
or wliich may be prescribed.
Additional Powers.
8C1 N ntwithstanding anything contained in I
h Acr the Developmen1 Authority shall have also powers to :
(a) Acquirc and hold propertics outside the State of Nagaland;
(b) Undertake conslruclioa OF the buildhgs of any descriplion
on land owned by thr: AuLhority or lhc Ciovcrucnt of
Nagaland outside the State at the request of thestate Governmcnl.
( c ) R&sc [ o m from financial ins~itu~ion
owned or controlled by
the State or Central C;ov,vernment for the implcmcntatioa of
the schemes or projcct on Iand owned by rhe Authority or
thc Government of Nagaland outside the.Statc;
(dl Crcate mortgage of its propcr~icso w e d by it oulside the
State or Nagaland."
5. Marginal note o l Section 12 under Chapter IT1 "Masrer Plan"
of the Principal Act shall bc substituted as follows :

"implementation of the Plan." 6. After ~ e i t i o n21 of the Principal Act the lollowing new Section
"2M"s h d be inserted :
"21A. The Statc Government shall h a w power of superintendence
and control of the Authority and to give direction to the Authority
in any rnarter in which the State Government considers it appropriate to do so."

7.

In-Chap~erIX Lhc lollowing Sub-section (2) shall bc added

in 49. The existing scc~ion49 shall be numbered as Sub-Sec~ion
rr(l)":

'

"(2) ?'he Authority notwithstanding anylhing cuntai~icdin

the preceding Sub-Sec~ionshall have power to borrow and
raisc loans from any rmancial institution owned or controlled
by the Scare or Central Govcrment for ~ h cinlplemcntation
or tllc schemes or projects authorised under Chis Acl."
8. After Sccrion 4'3 a new Sec~ion49A, sball bc added ;
"49A. Security for loans :
(1) Noiwithstanding anything contained in thc preceding
Section or any other law for the rime being in lorce the
Authorily shall have power with rhe approval of the
Slate Ciovcrnmenr Lo create morlgagc of its propcrries
in favour of any financial insti~utionsas a securi~yfnr

[he loan raised from it.

The Authority shall have powers ro raise Ioans from the
financial institutions owned or controlled by the State

(2)

ur the CenkilI ~ o v c i m e n on
t thc strcngth of guarantee
given by rhe S l a ~ cI;overnmcnt."

9.

Sub-Scc~ions(1) and (2) of the Section 73 shall be

substi~urcdas bilows :
"(1) Thc State Government after previous publication
in the OfficiaI Gazettc, shall have powers to make Rules
lor carrying out thc purposes of this Act.
~
tn thc generality of rhe foregoing
(2) W i t h o ~ ! prejudice
powers, such Rules may, in particular, prwrjbc.
(i) Thc manner of publication of thcNotificationregarding'schemes, their modif~cations,variations, rcvocalions, submission and sanction by the State
C;uvermncot.
(1)

{u) Powcrs that may

be delegated to any Authority

established under this Act, or to any b%cer.
(ii) Procedure to be adopted for securing co-operation
ovarious Govcrmcnt Deparlmcnts, he owners or
other persons or bodies interested in schemes.
(jv) All matters pertaining to land acquisition including
procedure and making of awards, cornpernation and
the possession of Iand by Authority in ordinary and
emergent cases.
Calculation, assessment and payment of compcnsation in respcct oE property which i s i n j ~ i o u s l y
affected within the meaning assigned to it Scction
37 of this Act.
(vi) Udculation, assessment and coUection of betterment
(v)

cuntributiun.

(vii)Procedure of fiiing, hearing and h i d i n g objectio~

and appeals under the Act and all rnarters connected
thcrcwith.
(viii) The delegation ol powers ro and duties shall be
diqcharged by the Dircctdr and the malrcrs on which
and the manner in which he shalt bc consulred.
( i ~Matters
)
othcr than ~htbscreferred lo ,in forcguing
clauscswl~icharc expressly nt hy implication requires
or atlowd by this Act rtl be prescribcd by rules.
(x) Creation and administration oE fund for thc purpose
of implementing the provisions of this Act.
(xi) All mallcrr, relaring to lht: proper functioning of the .
Developmc~l~
Aulhori(y cilnslituled undcr ~ h Act."
c
(2) Altcr Sub-Scclitln (3) oF Szclion 73, rhz following SabScclion shall, br: inserted as Sub-Scction (4) ;
"(4) All Rules so far inadc shall bc -deemed to havc been made
in cxercise of pnwcrs cunicrrcd by the substituted Sub-scciion
(1) OC Scctiun 73 uT ihc Act."

I
1

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The Nagaland Town and Country Planning

(Amendment) Act, 2000 (Act No. 8 of 2000)

[Received the assent of the Governor of Nagaland on 14.9.2000
and prrblislt ed in flte Nagala~tdGazelle Extra-orditmry
dated 11tIl Oct. 2000.1

An Act to amend the Town and Country Planning Act. 1966

Be cnactcd in the Fifty-first year of theRepublic of India.
1.

Short iille, extent and commencement.

(i)

This Act maybccalled thc NugalandTown andcountry

Planning (Amendment) Act, 2 0 0 .

I

It extends to [he whole d Nagaiand.

Gii)

It shill1 come i n ~ oforce on such date as thc Siatc

Government may, by notification i n the official

Gazette, appoint.
2.

Amendment of Sub-Section(1) of Section 2, of the Principal

Act :
I n Sub-Section (1) of Section 2, the following shall be substiru~ed.

(i)

"Authority" shall mean Development Authority, Nag;ilmd

constituted under section 8 A and shall also include
authority as may be declared or cons~ituled by thc Starc
Government under section 13,of the Principal Act.

II