Amendment status not verified — confirm the current text below against the official source.
Definitions In this Act unless there is anything repugnant in the subject or context (1) ‘cattle” includes elephant, buffalo, horse, mare gelding pony, colt, filly, mule, ass, pig, mithun, sheep, lamb, goats and kid. (2)“community” includes the resident of the particular village as a whole, the clan, sub-clan and family. (3) “forest” means any land except the land which has been put to terrace for the purpose Of permanent or semi-permanent cultivation or any land attached or appurtenant to a dwelling house and used for the purpose of permanent cultivation. (4) “forest offence” means any offense relating to forest produce punishable under this Act, or any rule made thereunder. (5) “Forest officer” means any person appointed by name or holding an office by or under the orders Of the State Government as Chief Conservator or conservator or Deputy Conservator or Assistant Conservator of Forests, Forest Ranger, Deputy Ranger,, Forester, Forest Guard, or to discharge any function of Forest officer under this Act or any rules there under. (6) “forest produce” includes the following whether found in or brought from a Forest or not, that is to say : — (i) timber, natural varnish, bark, lac, myrabolams, horns of rhinoceros and elephant tusks, and (ii) trees and leaves, and fruits and all other parts or produce not hereinbefore mentioned of trees. (iii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants. (iv) rock, sand and minerals, stones, boulders, limestone, laterite, mineral oils and all produce of mines and queries. (7) “Jhumland” means such land which any member or members of a village or a community have a customary right to cultivate by means of shifting cultivation or to utilise by clearing jungle or for grazing livestock and includes any beds of rivers provided that such village or community is in a permanent location, but it does not include (i) any land which has been terraced or may be terraced for the purpose of permanent or semi-permanent cultivation whether by means of irrigation or not, or (ii) any land attached to or appurtenant to a dwelling house and used for the purpose of permanent cultivation, or (iii) any land which is under permanent cultivation (8) “Magistrate” means a Magistrate of the first or second class and includes a Magistrate of the third class when he is specially empowered by the State Government to try offences under this Act. (9) “River” includes stream, canal, creek and other channel natural or artificial. (10) “Timber” Includes trees when they have fallen, or have been felled, and all wood whether cut up or fashioned or hollowed 9ut for -any purpose or not. (11) “Tree” includes palm, bamboo, stump, brush-wood and canement location and recognised or approved by the Government. (12) “Village” means a group of houses established as a permanent provides that it always remains within a specific area although part or the whole of such village may, subject to the approval of he Government, migrate from time to time to different localities with the area. Chapter II JHUMLAND 3.Accrual of customary rights (1) A customary right to Jhumland- shall be deemed to be established in favour of a village, or community when such village or community has enjoyed the right according to the existing local custom to cultivate or utilise such Jhumland for not less than thirty years. (2) As regards any land to which the customery rights have not been established according to sub-section (1) the Deputy Commissioner or the Additional Deputy Commissioner will reserve the right either to admit the customary right on the land or in consultation with the Area Council concerned suggest formation of reserve forests according to rules in this regard, framed under the Nagaland Forest Act: Provided the Deputy Commissioner or the Additional Deputy Commissioner shall not exercise. his discretion unless a public notice is issued in the Nagaland Gazette giving two months time to the village concerned. Note : A customery right to Jhumland shall he deemed to be established in favour of an individual cultivator: (a) if he has inherited the Jhumland in accordance with local custom;- or (b) if he has purchased the land at anydate before the commencement of this Act, and such purchase was not contrary to local custom; or (c) if being a resident of a permanent village established with the prior approval of the government, he has brought the land under cultivation and the land had not been cultivated at any time within thirty years preceeding his bringing the same into cultivation.