THE SIXTEEN POINT AGREEMENT

The sixteen point agreement arrived at between the Naga people’s convention and the government of India in July 1960
The points placed by the delegates of the Naga people’s Convention before the prime Minister on 26 July 1960, as finally recast by the Delegation in the light of discussions on 27 and 28 July 1960 with the Foreign Secretary.

1. The Name
The territories that were heretofore known as the Naga Hills–Tuensang Areas under the Naga Hills-Tuensang Area Act 1957 shall form a state within the Indian Union and be here-after known as Nagaland.

2. The Ministry In charge
The Nagaland shall be under the Minister of External Affairs of the Government of India.

3. The Governor of Nagaland

(1) The President of India shall appoint a Governor for Nagaland and he will vest with the executive powers of the Government of Nagaland. He will have his headquarters in Nagaland.

(2) His administrative Secretariat will be headed by a Chief Secretary stationed at the Headquarters with other Secretariat Staff as necessary.

(3) The Governor shall have special responsibility with regard to law and order during the transitional period and for so long as the law and order situation continues to remain disturbed on account of hostile activities. In exercising this special responsibility, the Governor shall, after consultation with the Ministry, Act in his individual judgment. This special responsibility of the Governor will cease 3when normalcy returns.

4. Council of Ministers

(1) There shall be a council of Ministers with a chief Minister at the head to assist and advice the Governor in the exercise of his functions.

(2) The council of Ministers shall responsible to the Naga Legislative Assembly.

5. The Legislature

There shall be constituted a Legislative Assembly consisting of elected and nominated members as may be deemed necessary 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 Parliament

Two elected members shall represent Nagaland in the Union Parliament, that is to say one for the Lok Sabha and the other for the Rajya Sabha.

7. Acts of Parliament

No Act or Law passed by the Union Parliament affecting the following provision s shall have legal force in Nagaland unless specifically applied to it by a majority vote of the Naga Legislative Assembly:

(1) The Religious or Social Practices of the Nagas.

(2) Naga Customary Laws and Procedure.

(3) Civil and Criminal Justice so far as these concern decisions according to Naga Customary Law.

The existing laws relating to administration co 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.

(4) 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’ areas:

(1) The Village Council;

(2) The Range Council; and

(3) The Tribal Council,

These Councils will also deal with disputes and case involving breaches of customary laws and usages.

9. Administration of Justice

(1) The existing system of administration of civil and criminal justice shall continue.

(2) Appellate Courts;

(a) The District Court-Cum-Sessions Court (for each district), High Court and Supreme Court of India.

(b) The Naga Tribunal (for the whole of the Nagaland) in respect of cases decided according to Customary Law.

10. Administration of Tuensang District

(1) The Governor shall carry on the administration of the Tuensang Districts for a period of 10 (ten) years until such time when the trines in the Tuensang District are capable of shouldering more responsibility of the advanced system of administration. The commencement of the ten-year period of administration will start simultaneously with the enforcement of detailed workings of the constitution in other parts of the Nagaland.

(2) 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 Naga Legislative Assembly to represent Tuensang District.

(3) Provided further that on the advice of the Regional Council, steps will be taken to start various Councils and Courts, in those areas where the people fell themselves capable of establishing such institutions.

(4) Provided further no Act or Law passed by the Naga Legislative Assembly shall be applicable to Tuensang District unless specifically recommended by the Regional Council.

(5) Provided further that the Regional Council shall supervise and guide the working of the various Councils and Tribal Courts within Tuensang District and wherever necessary depute the local officers to act as Chairman thereof.

(6) Provided further those Councils of such areas inhabited by a mixed population or which have not as yet decided to which specified Tribal Council to be affiliated to shall be directly under the Regional Council for the time being. And at the end of ten years the situation will be reviewed and if the people so desire the period will be further extended.

11. Financial Assistance from the Government of India

To supplement the revenues of the Nagaland, there will be need for the Government of India to pay out to the Consolidation Fund of India:

(1) A lump sum each for the year development programme in the Nagaland; and

(2) A grant-in-aid towards meeting the cost of administration.

Proposal for the above grants shall be prepared and submitted by the Government of Nagaland to the Government of India for their approval. The Governor will have general responsibility for ensuring that the funds made available by the Government of India are expended for purpose for which they have been approved.

12 Consolidations of Forest Areas

The delegation wished the following to be placed on record:

The Naga delegation discussed the question of the inclusion of the Reserve Forest and of contiguous areas inhabited by the Nagas. They were referred to the provisions in Articles 3 and 4 of the Constitution, prescribing the procedure for the transfer of area form one state to another.

13. Consolidation of Contiguous Naga Areas

The delegation wished the following to be placed on record:

The Naga leaders expressed the wish for the contiguous areas to join the new state. It will pointed out to then on behalf of the Government of India that Articles 3 and 4 of the Constitution provided for increasing the area of any State, but that it was not possible for the Government of India to make any commitment in this regard at this stage.

14. Formation of Separate Naga Regiment
In order that the Naga people can fulfill their desire of playing a full role in the defense forces of India the question of raising a Separate Naga Regiment should be duly examined for action.

15. Transitional Period
(1) On reaching the Political settlement with the Government of India, the Government of India will prepare a Bill for such amendment to the Constitution, as may be necessary, in order to implement the decision. The Draft Bill, before presentation to Parliament, will be shown to the delegate4s of the NPC.
(2) There shall be constituted an Interim Body with elected representatives from every tribe, to assist and advise the Governor in the administration of the Nagaland during the transitional period. The tenure of office of the Interim Body will be 3 (three) years subject to re-election.

16. Inner Line Regulation
Rules embodied in the Bengal Eastern Frontier Regulation, 1873 shall remain in force in the Nagaland.