Bare Acts

PART VI LEGAL AND MISCELLANEOUS PROVISIONS


26. Continuance of existing laws and their adaptation.—(1) All laws in force, immediately before
the appointed day, in the Naga Hills-Tuensang Area shall continue to be in force in the State of Nagaland
until altered, repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of facilitating the application in relation to the State of Nagaland of any law made
before the appointed day, the appropriate Government may, within two years from that day, by order
make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be
necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and
modifications so made until altered, repealed or amended by a competent Legislature or other competent
authority.
Explanation.—In this section, the expression “appropriate Government” means, as respects any law
relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central
Government; and as respects any other law, the Government of Nagaland.
27. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made under section 26 for the adaptation of a law made before the appointed day, any court, tribunal or
authority required or empowered to enforce such law may, for the purpose of facilitating its application in
relation to the State of Nagaland, construe the law in such manner not affecting the substance as may be
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.
28. Provisions as to continuance of courts and of officers, etc.—(1) All courts and tribunals and all
authorities discharging lawful functions throughout the Naga Hills-Tuensang Area or any part thereof
immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of
this Act or until other provision is made by a competent Legislature or other competent authority,
continue to exercise their respective functions.
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(2) Every person who, immediately before the appointed day, is holding or discharging the duties of
any post or office in connection with the administration of the Naga Hills-Tuensang Area or any part
thereof shall, except where by virtue or in consequence of the provisions of this Act such post or office
ceases to exist on that day, continue to hold the same post or office in the State of Nagaland, and shall be
deemed, as from that day, to have been duly appointed to such post or office by the Government of, or
other appropriate authority in, such State.
(3) Nothing in sub-section (2) shall be deemed to prevent a competent authority, after the appointed
day, from passing in relation to any such person any order affecting his continuance in such post or office.
29. Amendment of Act 37 of 1956.—As from the appointed day, in section 15 of the States
Reorganisation Act, 1956, in clause (c), for the words, “and Assam”, the words “Assam and Nagaland”
shall be substituted.
30. Effect of provisions of Act inconsistent with other laws.—The Provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law.
31. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to
him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before each House of Parliament.
32. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to give effect to the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or two or more successive sessions, and if, before the expiry of the session 1
[immediately
following the session] or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
33. [Regulation 2 of 1961.] Rep. by the Repealing and Amending Act, 1974 (56 of 1978), s. 2 and the
First Schedule (w.e.f. 20-12-1974). 

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