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Section 395: Power to inspect places where unlawful slaughter of animals etc. is suspected

The Nagaland Municipal Act,2001State Act of Nagaland · Act 10 of 2001

If the Chief Officer of a Municipality or any person authorized by him in this behalf, has reason to believe that in the municipal area of the Municipality, any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale in any place or manner, not duly authorized under this Act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this Act.

or any rule or regulation made thereunder, is being contravened thereat, and may seize any such animal or the carcass of such animal or such flesh found therein.

2. The Chief Officer may, remove and sell by auction or otherwise dispose of any animal or carcass of any flesh, seized under sub-section (1)

3. If, within one month of such seizure, the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Chief Officer or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (2), shall vest in the Municipality.

4. Any person slauhtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorized under this Act, may be arrested by any Police Officer without a warrant.

5. No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry.

437 Chapter - V Municipal Licences

396. Premises not be used for certain non-residential purposes without municipal licence,-

1. No municipal licence shall be given in respect of any non-residential use of any premises within the municipal area of the Municipality which is otherwise than in conformity with the provision of this Act or any other law for the time being in force or the rules or the regulations made thereunder.

2. Subject to the provisions of sub-section (1), no person shall use or permit to be used any premises for any of the purposes without or otherwise than in conformity with the terms of a licence granted by the Chief Officer of the Municipality in this behalf, which, in the opinion of the Chief Officer, is dangerous to life, health or property or is likely to create a nuisance.

3. In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yard or for similar purposes, the Chief Officer may, when he thinks fit, require the licensee to provide a space or passage withing the premises for carts for loading and unloading purposes.

4. The Municipality shall by regulations determine the fees to be paid in respect of a municipal licence to be granted under this section, and may specify different fees for different categories of non-residential uses in different areas of a Municipality.

5. In the case of a non-residential use of any premises for a purpose for which a licence or permission is required from the Government, or the Central or any other State Government, or any statutory body under any law for the time being in force, no person shall use or permit to be used such premises, unless permission is granted under sub-section (1) of Section 370.

6. In specifying the terms of a licence granted under this section, the Chief Officer may, require the licensee to take all or any of such measures, as the Chief Officer may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.

7. The Municipality may be regulations determine,- a. when the initial licence is to be taken out and the procedure of annual renewal thereof;

438 b. the matters connected with the display or licence, inspection of premises, power of inspectors, and other matters relating thereto.

Where this provision sits

ActThe Nagaland Municipal Act,2001
Section395
Marginal notePower to inspect places where unlawful slaughter of animals etc. is suspected
JurisdictionState of Nagaland
StatusIn force as published by the source

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