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Nagaland (Ownership and Transfer of Land and Its Resources) Act, 1990
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Act.
to provide, in the public interest, for the ownership and
trimfer of land and its resources in t h e Statc of Nagalai~rl,
for r he imposition of tax on mineral righ is, for the further
amendment of law relating to acquisition of land and it.
resources in Nagaland, and fur rnattsrs conrlected there-
with or incidental thereto.
WHEREAS by virtue of the provisions of Clause (1) ( a )
(iv) of Article 37 1-A of the constitution, nu ACI o f
Parliament in respect of the ownership and transfer of !
land and its resources shall apply to the State of Nagaland
uniess the Legislative Assembly of Nagaland, by a resolu-
tion, s q decides
AND WHEREAS no snch resolution has been passed by
the Leg~qIititiveAssernbls of Nagaland
4
AND W H E R E A S in the absence of'any such resolutin, '
CHAPTER I
PRELIMINARY
1. ( 2 ) This Act may be called the Nagaland (Ownership
and Transfer of Land and its Resources) Act,
1990.
(2) It extends to the whole of the state of Nagaland.
(3) Sections 4, 10, 11, 16, 20, 64 72, to 76, (both
inclusive) and 87 shall come into force on the
appointed day and the remaining provisions of
this Act shall be deemed always to have come
into force on the 1st day of December, 1963 that
is to say, the date o n which the ~onstitution
(Thirteenth Arneadment) Act, 1963 came into
force.
Definitions
2. I n this Act, unless the context otherwise requires,
I
(a) "appointed day" in relation to any provision of
this Act, means such day as the State Government, I
by notification published in the Official Gazette,
appoint in relation to that provision, and different
dates may be appointed for different provisions
1
of this Act, and any reference in any provision
of this Act to the appointed day shall be construed
as a reference to the commencement o f that
provision;
(b) "drilling operations" means any operations,
whether by drillingpr otherwise, for the purpose
of locating or proving oil-field or other saurces
of mineral deposits;
(c) "Government company" means any company in
which not less then fifty-one percent of the paid-up
share capital is held by the Central Government I
or Any State Government or Governments or I
the notice.
(3) Where any bodily injury to any person is caused,
whether by reason of an accident of which notice
has beengiven under Sub-section (1) or otherwise,
resulting in the enforced absence from work of
the person injured for a period exceeding Wen-
ty-four hours, the hoIder of the prospecting licence
or, as the case may be, mining Iease shall enter
in a register in the prescribed form and copies of
such entries shall be furnished to the prescibed
authority.
(4) Wherever there occurs in or about a land in which :
Manner of testing
44. All tests of petroleum made under this Act shall be
made with a test. apparatus in respect awhich there
is valid certificate under section 42, and shall have
due regard to any correctionspecified in that certificate,
and shall be carried out in accordance with rules made
under section 47.
Certificate ol Testing
45. (I) The testing officer shalI, after test~l-rgsamples of
petroleum, make out a certificate in the prescribed
form, stating whether the petroleunl is petroleum
having a flash-point of
(i) below twenty-three degrees Celsius, or
(ii) twenty-three degrees Celsius and above but
below sixty-five degrees Celsius, or
(iii) sixty-five degrees Celsius and above but below
ninety-three degrees Celsius,
(2) The testing officer shall furr~ishthe person con-
cerned, at his request, with a certified copy of the
certificate on payment nf the prescribed fee and
such certified copy may he produced in any court
or before any authority in proof of the contents
of the original certificate.
( 3 ) A certificate given under this section shall he
admitted in evidence in any proceedings which
may be taken under this Act in respect of the
petroleum from wbich samples were taken, and
shall, until the contrary is proved, be conclusive
proof that the petroleum has the flash-point
(i) below twenty-three degree celsius,
(ii) of twenty-three degree celsius and above but
below sixty-five degree celsius, or
(iii) of sixty-five degree celsius and above but below
ninety-three degree celsius,
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CW T E R - X
POWER TO ACQUIRE RIGHT OF USER IN LAND
FOR LAYING PIPE LINES FOR THE TRANSPORT
OF MINERAL OILS AND NATURAL GAS.
Interpretations
49. In this chapter, unIess t h e context otherwise requires
(a) "Competent Authority" means any person or
authority appointed by the State Government, by
~lotification,to perform the functions of the com-
petent authority under this Act, and different
persons or authorities may be authorised to ex-
ercise all or any of the functions of the competent
authority under this Act in the same area or
different areas specified in the notification;
(b) "corporation" means any body corporate estab-
lished under any Central or State Act; and in-
cludes -
Central Act 1 oT 1956
(i) a company tormed and registered under the
Companies Act. 1956, and
(ii) a company formed and registered under any
law relating to company formerly in force in
any part of the State.
( c ) words and expressions used in this chapter and
not defined in chapter I have the meanings,
respectively assigned to them in that chapter.
Publication or notification for acquisition
50. (1) Whenever it appears to the State Government
that it is necessary in the public interest that, for
the transport of mineral oils and natural gas From
one locality in the State to another locality in the
State, pipe lines may be laid by the State Govern-
ment or a corporation authorised by t h e State
Government to do so and that for the purpose
of laying such pipelines it is necessary to acquire
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1 2 3
I. kaqe area upto
50 hectares
nil 30 60 90
2. Lease area
upto, 50 hect-
ares, but not nil 40 80 I 120
exceeding 100
hectares
3. Lease are a I
above 100 nil 60 100 I50
hectares