(2)As regards any land to which the customary 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 customary 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 any date 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 proceeding his bringing the same into cultivation.
