Under the initiative of the Naga People's convention (NPC) the 16th point agreement was signed between GoI and NPC members in July 1960.
1. The Name: The Territories that were heretofore known as the Naga Hills Tuensang Area under the Naga Hills Tuensang Area Act, 1957, shall form a State within the Indian Union and be hereafter known as Nagaland.
2. The Ministry Incharge: The Nagaland shall be under the Ministry of External Affairs of the Government of India.
3. The Governor of Nagaland:
(a) The President of India shall appoint a Governor for Nagaland and he will be vested with executive powers of the Government of Nagaland. He will have his headquarter in Nagaland.
(b) His administrative Secretariat will be headed by the Chief Secretary, stationed at the headquarters with other Secretariat staff as necessary.
(c) The Governor shall have special responsibility with regard to law and order during transitional period and for so long as the law and order continues to remain disturbed on account of hostile activities. In exercising this special responsibility of the Governor will cease when normalcy return.
(b) His administrative Secretariat will be headed by the Chief Secretary, stationed at the headquarters with other Secretariat staff as necessary.
(c) The Governor shall have special responsibility with regard to law and order during transitional period and for so long as the law and order continues to remain disturbed on account of hostile activities. In exercising this special responsibility of the Governor will cease when normalcy return.
4. Council of Ministers: (a) There shall be Council of Ministers with Chief Minister at the head to assist and advise the Governor in exercise of his functions.
(b) The Council of Ministers shall be responsible to the Nagaland Legislative Assembly.
(b) The Council of Ministers shall be responsible to the Nagaland Legislative Assembly.
5. The Legislature: There shall be constituted Legislative Assembly consisting of elected and nominated members as may be necessary for representing different Tribes. (Further, a duly constituted body of experts may be formed to examine and determine the principles of representation on democratic basis).
6. Representation in the Parliament: Two elected members shall represent Nagaland in the Union Parliament, that is to say, one for Lok Sabha and the other for the Rajya Sabha.
7. Acts of Parliament: No Acts or Laws passed by the Parliament affecting the following provisions shall have legal force in Nagaland unless specifically applied to it by a majority vote of the Nagaland Legislative Assembly.
(a) The social and religious practices of the Nagas.
(b) Naga Customary law and procedure.
(c) Civil and Criminal justice system of the Nagas. The existing Laws relating to administration of civil and Criminal justice as provided in the Rules for the Administration of justice and police in the Naga Hills District shall continue to be in force.
(d) The ownership and transfer of land and its resources.
(a) The social and religious practices of the Nagas.
(b) Naga Customary law and procedure.
(c) Civil and Criminal justice system of the Nagas. The existing Laws relating to administration of civil and Criminal justice as provided in the Rules for the Administration of justice and police in the Naga Hills District shall continue to be in force.
(d) The ownership and transfer of land and its resources.
8. Local self Government: Each Tribe shall have the following units of rule making and administrative local bodies to deal with matters concerning the respective tribes and areas;
(a) The Village Councils
(b) The Range Councils
(c) The Tribal Councils
These Councils will also deal with disputes and cases involving breaches of customary laws and usages.
(a) The Village Councils
(b) The Range Councils
(c) The Tribal Councils
These Councils will also deal with disputes and cases involving breaches of customary laws and usages.
9. Administration of justice:
(a) The existing system of administration of Civil and Criminal justice shall continue.
(b) Appellate Courts:
(i) The District Court-cum-Session Courts (for each district), High Courts and Supreme Court of India.
(ii) The Naga Tribunal (for the whole of the Nagaland) in respect of cases decided according to the Customary Law.
(b) Appellate Courts:
(i) The District Court-cum-Session Courts (for each district), High Courts and Supreme Court of India.
(ii) The Naga Tribunal (for the whole of the Nagaland) in respect of cases decided according to the Customary Law.
10. Administration of Tuensang District:
(a) The Governor shall carry on the administration of the Tuensang District for a period of 10 years untill such time when the Tribes in Tuensang District are capable of shouldering more responsibilities of the advance system of administration. The commencement of the 10 years period of administration will start simultaneously with the enforcement of detailed working of the Constitution in other parts of Nagaland.
(b) Provided further that a regional Council shall be formed for Tuensang District by elected Representatives from all the Tribes in Tuensang District, and the Governor may nominate representatives to the Regional Council as well. The Deputy Commissioner will be the Ex-Officio Chairman of the Council. The Regional Council will elect members to the Nagaland Legislative Assembly to represent Tuensang District.
(c) Provided further that on the advice of the Regional Council, steps will be taken to start various Councils and Courts, in those areas where people feel themselves capable of establishing such institutions.
(d) Provided further that no Act or law passed by the Nagaland Legislative Assembly shall be applicable to Tuensang District unless specifically recommended by the Regional Council.
(e) Provided further that the Regional Council shall supervise and guide the working of various Councils and Tribal Courts within Tuensang District and wherever necessary, depute Local Officer to act as Chairman thereof.
(f) Provided further that Councils of such areas inhabited by a mixed population or which have not yet decided to which specific tribal Council to be affiliated to, shall be directly under the Regional Council for the time being. And at the end of 10 years, the situation will be reviewed and if the people so desired the period will be further extended.
(c) Provided further that on the advice of the Regional Council, steps will be taken to start various Councils and Courts, in those areas where people feel themselves capable of establishing such institutions.
(d) Provided further that no Act or law passed by the Nagaland Legislative Assembly shall be applicable to Tuensang District unless specifically recommended by the Regional Council.
(e) Provided further that the Regional Council shall supervise and guide the working of various Councils and Tribal Courts within Tuensang District and wherever necessary, depute Local Officer to act as Chairman thereof.
(f) Provided further that Councils of such areas inhabited by a mixed population or which have not yet decided to which specific tribal Council to be affiliated to, shall be directly under the Regional Council for the time being. And at the end of 10 years, the situation will be reviewed and if the people so desired the period will be further extended.
11. Financial assistance from the Government of India: To supplement the revenue of Nagaland, there will be need for the Government of India to pay out of the Consolidated Fund of India.
(a) Lump sum to Nagaland and
(b) A grant-in-aid towards meeting the cost of administration. Detail proposals for grants shall be prepared and submitted.
(a) Lump sum to Nagaland and
(b) A grant-in-aid towards meeting the cost of administration. Detail proposals for grants shall be prepared and submitted.
12. Points to be placed on Record for further action: The inclusion of the Reserved Forests and the contiguous areas inhabitat and belongs to the Naga people. Necessary actions to be reffered under Provisions in articles 3 and 4 of the Constitution.
13. Consolidation of Contiguous Naga areas: Government of India though, couldn't make commitment at this stage, has put in record, that articles 3 and 4 of the Constitution shall be examined in future to enable for Nagas to live under one administration.
14. Formation of seperate Naga Regiment: In order that the Naga people can fulfil their desire of playing full role in the defence forces of India, the question of raising a seperate Naga Regiment shall be duly examined for action.
15. Transitional Period:
(a) On reaching the political settlement with the Government of India, the GoI will prepare a bill for such amendment of the Constitution as may be necessary, in order to implement the discussions, the draft bill, before presentation to the Parliament will be shown to NPC.
(b) There shall be a constituted Interim Body with elected representatives from every Tribe to assist and advice the Governor in the administration of Nagaland during the transitional period. The tenure of the members of Interim Body will be 3 years, subjected to re-election.
(b) There shall be a constituted Interim Body with elected representatives from every Tribe to assist and advice the Governor in the administration of Nagaland during the transitional period. The tenure of the members of Interim Body will be 3 years, subjected to re-election.
16. Inner Line Regulation: The Rules embodied in the Bengal Eastern Frontier Regulation, 1873, shall remain in force in Nagaland.
After the above agreement was signed, the 13th Constitutional Amendment bill was introduced in Parliament on 21st August 1962 and the special provision for Nagaland was incorporated under article 371(a) of the Constitution. Nagaland became 16th State under the union of India. The Nagaland State was formally inaugurated on 1st December 1963 at Kohima by His Excellency, Dr. S. Radhakhrisnan, the then President of India.
