(1) Every employer shall have his establishment registered under this Act. The registration shall be renewed every twelve months.
(2) The application for registration or for renewal of registration shall be made to the Chief Inspector or to such other officer as the Chief Inspector may authorise in this behalf in such forms and within such date and containing such particulars as may be prescribed.
(3) The fees payable for registration or for renewal of registration shall be such as may be prescribed by the State Government.
(4) Where an establishment is registered under this Act or when the registration of any establishment is renewed there shall be issued to the employer a certificate of registration, or a renewal certificate of registration as the case may be by containing such particulars as may be prescribed.
(5) The certificate or the renewal certificate as the case may be, shall be kept prominently displayed at some conspicuous place of the establishment.
(6) If any employer carriers on business without a valid registration certificate after the expiry of the last date for submission of application for registration or for renewal, he shall be liable to pay a penalty equal to the fee prescribed for registration or renewal of registration, as the case may be, plus an additional penalty at rupees two per day for each day of continued default after the expiry of the last day for submission of an application for registration or renewal, as the case may be, and the said penalty shall be realised by the Collector as a public demand under the Bengal Public Demands Recovery Act, 1913 on certificate being issued to that effect by the Chief Inspector appointed under this Act.
Provided that no employer shall be liable for any penalty under this section if he has submitted a valid application for a certificate of registration or renewal thereof within the period prescribed to the proper Authority.
THE NAGALAND CATTLE TRESPASS ACT 1985 CONTENTS Preamble Sections
CHAPTER 1
1. Short Title, extent and commencement
2. Definations
CHAPTER II Ponds and pound-keepers
3. establishment of ponds
4. Control of ponds and rates of charge for feeding impounded cattle
5. Appointment of pound-keepers.
Duties of pound-keepers
6. To keep registers and furnish returns
7. To register seizures
8. To take charge of and feed cattle
CHAPTER III Impounding Cattle
9. Cattle damaging land may be seized and police to aid such seizures.
10. Cattle damaging public road, canal and embankements
11. Fines for cattle impounded
12. Special provisions for cattle straying in aerodromes.
CHAPTER IV Delivery or sale of cattle
13. Procedure when owner claims the cattle and pays fines and charges
14. Procedure if cattle be not claimed within a week
15. Delivery to owner disputing legality of seizure, but making deposite.
16. Procedure when owner refuses or omits to pay the fines and expenses
17. Disposal of fines, expenses and surplus proceeds of sale.
18. Applications of fines and unclaimed proceeds of sale.
19. officers and pound-keepers not to purchase cattle at sales under this Act.
CHAPTER V Complaints of illegal seizure and detention
20. Dower to make complaints
21. Procedure on complaints
22. Compensation for illegal seizure or detention and release of cattle.
23. Recovery of compensation CHAFFER VI 24 . Penalty for forcibly opposing the seizure of cattle or rescuing the same
25. Penalty for damage caused to land or crops or public roads by cattle.
26. Recovery of penalty for mischief committed by causing cattle to trespass.
27. Powers of police to investigate offences under section 24.
28. Penalty on pound-keeper failing to perform duties
29. Application of fines recovered under section 24, 25 and 27.
CHAPTER VII Suits for Compensation
30. Saving of right to use for compensation
31. Set-off.
CHAPTER VIII Miscellaneous
32. Delegation of powers
33. Power to make rules
34. Repeal and Savings THE NAGALAND CATTLE TRESSPASS ACT 1985 An Act Relating to tresspass by cattle in the State of Nagaland.
It. is hereby enacted in the thirty six year of the Republic of India as follows:
Chapter I
1. Short Title, extent and commencement
(1) This Act may be called the Nagaland cattle Tresspass Act. 1985.
(2) (a) It extend to the whole of the State of Nagaland.
(b) The Government may by notification in Gazette, exclude any area from the operation of this Act from such date as may be specified therein.
(3) It shall come into force on such date as the Government may, by notification in she Gazette appoint.
2. Definitions In this Act, unless the context otherwise requires
(1) “cattle” means cows, oxen, and bulls, and includes elephants, camels, buffaloes, horses, mares, gelding, popies, colts, fillies, mules, assess, pigs, rams, ewes, sheep, lambs, goats, kids, and fowls and such other kinds of animals as the Government may, by notification in the Gazette specify.
(2) “Director” means Director of Agriculture, Nagaland.
(3) “Local Authority” means any Town Committees, Village Council in any area where there is no Town Committee or such authority as the Government may appoint in this behalf.
Chapter II Pounds and pound-keepers
3. establishment of pounds
(1) Pounds may be established at such places in each district as the Director may from time to time direct.
(2) The area by which every pound is to be used shall be determined by the Director.
4. Control of pounds and rates of charge for feeding impounded cattle The pounds shall be under the control of the Local authority and that authority shall fix, and may, from time to time, alter the rates of charges for feeding and watering impounded cattle.
5. Appointment of pond-keepers
(1) Every pound shall be in the charge of a pound-keeper appointed by the local authority concerned.
(2) Every pound-keeper shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
(3) The pay and allowances, discipline and conduct and other conditions of service of a pound-keeper appointed by a local authority under sub-section (1) shall
(a) where such local authority is a Town Committee or a Village Council be the same as those applicable to officers or servants of such organisation, as the case may be of the same rank as that the pound-keeper.
(b) in other cases, be such may be prescribed by rule made by the Government under this Act..
(4) If any question arises as to whether any officer or servant of a Town Committee and Village Council is of the same rank as that of the pound-keeper, such question shall be referred to the Government, whose decision thereon shall be final.
DUTIES OF POUND-KEEPERS
6. To keep registers and furnish returns Every pound- keeper shall keep such registers and furnish such returns as the Government may, from time to time, direct.
7. To register seizures When cattle are brought to a pound, the pound-keeper shall enter in his register : —
(a) The number and description of the cattle.
(b) The day and hour on and at which they were so brought,
(c) The name and residence of the seizure and
(d) The name of the residence of the owner, if known. The seizures shall affix his signature in the register, The pound-keeper shall give the seizure or his agent a copy of The entries aforesaid.
8. To take charge of and feed cattle The pound-keeper shall take charge of feed and water the cattle, until they are disposed of as hereinafter directed.
Chapter III IMPOUNDING CATFLE
9. Cattle damaging land may be seized and police to aid such seizures.
(1) The cultivator or occupier of any land or any person has acquired a right for the cultivation of the crop or produce on any land.
Or the vandee or mortgagee of such crop of produce or any part thereof, may be seized, or cause to be seized, any cattle tresspassing on such land and doing damage thereto or to any crop or produce thereon, and send them or cause them to be sent within twenty-four hours to the pound established for the area in which the land is situated.
(2) All officers of police shall, when acquired, aid in’ preventing.
(a) Resistance to such seizure, and
(b) Rescue from persons making such seizures.
10. Cattle damaging public road, canal and embankments Persons in charge of public roads, pleasure grounds, plantations wherein common grazing grounds are available, canals, drainage, works tanks embankments, and the like and officers of police, officers employed by local authorities within their respective jurisdictions and such other officers as the Director may empower in this behalf, may seize, or cause to be seized, any cattle doing damage to such roads, ground, plantations, canals, drainage works, tanks, embankments and the like or the sides or slopes of such roads, canals, drainage works, tanks or embankments or found straying thereon and shall send them or cause them to be sent within twenty-four hours, to the nearest pound.
11. Fines for cattle impounded
(1) For every head of the cattle, impounded as aforesaid the pound-keeper shall levy a fine in accordance with the scale for the time being prescribed by the Director in this behalf by notification in the Gazette. “Different” scales may be prescribed for different local areas or for different localities within the same local areas and for different kinds of cattle.
(2) Nowwithstanding anything contained in sub-section (1) when it appears to the Director that in any local areas cattle are habitually allowed to tresspass on land and damage crops or other produce thereon, he may by notification in the Gazette, direct that for every head of cattle of any kind specified therein, which may be seized within such local area and impounded as aforesaid such amount of fine as may be specified by him in the said notification, not exceeding double the fine prescribed under subsection (1) shall be levied.
(3) All fines levied under this section or “section 12” shall be credited to the fund of the local authority or where there is no Town Committee, Village Council, in such manner as the Government may from time to time direct.
(4) A list of the fines and rates of charge for feeding and watering cattle shall be exhibited in a conspicuous place on or near to every pound.
12. Special provisions for cattle straying In aerodromes.
Notwithstanding anything contained in sub-section (1) of section II when it appears to the Director that in any aerodrome cattle are habitually allowed to tresspass and cause nursance in such aerodrome he may, by notification in the Gazette, direct that for every head of cattle of any kind specified therein which may be seized within such aerodrome and impounded as aforesaid such amount of fine as may be specified by him in the said notification not exceeding four times the fine prescribed in the sub-section (1) of section (II) shall be levied.
Explanation For the purpose of this section, “aerodromes shall have the same meaning assigned to it under the Aircraft Act 1934 (Central Act 22 of 1934).
Chapter IV DELIVERY OR SALE OF CATTLE
13. Procedure when owner claims the cattle and pays fines and
(a) If the owner of the impounded cattle or his agent appears and claims the cattle, the poundkeeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle.
(b) The owner or his agent, on taking back the cattle shall sign receipt for them in the register kept by the pound-keeper.
14. Procedure If cattle be not claimed within a week
(1) If the cattle be not claimed within seven days from the date of their being impounded the pound-keeper shall report the fact to the local authority concern or to such officer as the Director specified in this behalf.
(2) The local authority or the officer shall thereupon affix in a conspicuous part of its or his office a notice stating
(a) the number and description of the cattle,
(b) the place where they were seized,
(c) the place where they are impounded and shall cause proclamation of the same to be made by beat of drum in the village and in the market place nearest to the place of eizure.
(3) If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the local authority or the said officer or any other officer subordinate to him, deputed for that purpose at such place and time and subject to such conditions as the Director by general or special order, from time to time, directs.
Provided that if any such cattle are in the opinion of the Director, not likely to fetch a faire price if sold as aforesaid, they may be disposed of in such other manner as he thinks fit.
15. Delivery to owner disputing legalIty of seizure, but making deposIt.
If the owner or his agent appears and refuses to pay the fines and expenses on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.
16. Procedure when owner refuses or omits to pay the fines and expenses
(1) If the owner or his agent appears and refuses or omits to pay or in the case mentioned in section 15 to deposit them said fines and expenses, the cattle or as many of them as may be necessary, shall be sold by public auction by the local authority or by such officer as the case may be, at such place and time and subject to such conditions as are referred to in section 14.
(2) The fines leviable and expenses of feeding and watering together with the expenses of sale, if any, shall be deducted from the proceeds of sale.
(3) The remaining cattle and the balance of the proceeds of sale if any, shall be delivered to the owner or his agent, together with an account showing : —
(a) the number of cattle seized,
(b) the time during which they have been impounded
(c) the amount of fines and charges incurred,
(d) the number of cattle sold,
(e) the proceeds of sale, and
(f) the manner in which these proceeds have been disposed of
(4) The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the proceeds of sale, if any, paid to him according to such account.
(5) If the owner or his agent refuses to received the remaining cattle and the surplus proceeds of sale delivered to him, the cattle and the proceeds of sale shall be deemed to be unclaimed and disposed of according to the provisions of this Act.
17. Disposal of fines, expenses and surplus proceeds of sale
(1) The officer by whom the sale was made shall send to the local authority the fines so deducted.
(2) The charges for feeding and watering deducted under section 16 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges under Section 13.
(3) The surplus unclaimed proceeds of the sale of cattle, shall be sent to the local authority who shall hold them in deposit and if no claim thereto be preferred within three months and established, shall dispose of them as hereinafter provided.
18. ApplIcation of fines and unclaimed proceeds of sale.
(1) All sums received on account of fines and the unclaimed proceeds of the sale of cattle shall be credited to the fund5 of local authority or where their is not Town Committee oi Village Council in such manner as the Government may from time to time, direct.
(2) The salaries allowed to pound-keepers and the expenses incurred for the construction and maintenance of pounds oi for any other purpose connected with the carrying out of the provisions of this Act shall be paid by the local authority.
19. officers and pound-keepers not to purchase cattle at sale under this Act.
(1) No police officer, or other officer or pound keeper appointed under the provision herein contained and no member of local authority under whose control the pound is, shall directly or indirectly purchase any cattle at a sale under this Act.
(2) No pound-keeper shall release or deliver any impounded cattle otherwise than in accordance with the provisions of this chapter, unless such release or delivery is ordered by the Director or the local authority or the Magistrate acting under Chapter V of this act or a Civil Court, in writing stating the reasons for such order.
Chapter V COMPLAINTS OF ILLEGAL SEIZURE AND DENTENTION
20. power to make complaints Any person whose cattle have been seized under this Act, or having been so seized, have been detained in contravention of this Act, may at any time within ten days the date of seizure, make a complaint to the Deputy Commissioner or any Magistrate authorised to receive and try charges without reference by the Magistrate of the district.
21. Procedure on complaints
(1) The complaint shall be made by the complainant in person or by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal the substance of it shall be taken down in writing by the Magistrate.
(2) If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to be well founded he shall summon the person complained against, and make an enquiry into the case.
22. Compensation for illegal seizure or detention and release of cattle.
(1) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention, reasonable compensation not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle, together with Ji fines paid and expenses incurred by the complainant in procuring the release of the cattle.
(2) If the cattle have not been released, the Magistrate shall besides awarding such compensation, order their release and direct that the fines and expenses liviable under this Act. shall be paid by the person who made the seizure or detained the cattle.
23. Recovery of compensation The compensation, fines and expenses mentioned in section 2 may be recovered in the manner provided for recovery of fines under the code of Criminal Procedure 1973 (2 of 1974).
Chapter VI PENALTIES
24. Penalty for forcibly opposing the seizure of cattle or rescuing the same Whoever forcibly opposes the seizure of cattle liable to be seized under this Act. and whoever rescues the same after seizure, either from a pound or from any person being near at hand and acting under the powers conferred by this Act., shall on conviction before a Magistrate, be punished with imprisonment for a period.
not exceeding six months, or with fine not exceeding five hundred rupees, or with both.
25.Penalty for damage caused to land or crops or public roads by cattle.
Any owner, or keeper, or attendant of cattle, who causes or suffers cattle to stray about, without a keeper or who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land or any public road, by allowing such cattle to tresspass thereon, shall on conviction before a Magistrate, be liable to a fine not less than twenty-five rupees, but not exceeding two hundred and fifty rupees or to imprisonment for a term not exceeding three months, or to both.
26. Recovery of penalty for mischief committed by causing cattle to tresspass.
Any fine imposed under section 25 or for the offence of mischief by causing cattle to tresspass on any land may be recovered by sale of the all or any of the cattle by which the tresspass was committed, whether they were seized in the act of tresspassiflg or not, and whether they are the property of the person convicted of the offence, or were only in his charge when the tresspass was committed.
27. Powers of police to investigate offences under section 24.
Notwithstanding the provision contained in the Code of Criminal Procedure 1973 (2 of 1974) any Police officer may investigate without the order of a Magistrate into an offence under section 25 as if, it were a cognizable case, but be shall not arrest without warrant from a Magistrate any person accused of an offence under section 25.
28. Penalty on pound-keeper failing to perform duties Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19 or omitting to provide any impounded cattle with sufficient food and water, or failling to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees, such fines may be recovered by deductions from the pound-keeper’s salary.
29. Application of fines recovered under section 25, 26 28.
All fines recovered under section 25,26 and 28 maybe appropriated in whole or in part, as compensation for loss or damage proved to the satisfaction of the convicting Magistrate.
Chapter VII SUlTS FOR COMPENSATION
30. SavIng of right to use for compensation Nothing herein contained shall be deemed to prohibit any person whose crops or other produce of land have been damaged by tresspass of cattle from suing for compensation in any competent civil court.
31. Set-off Any compensation paid under this Act, by order of a convicting Magistrate, to a person whose crops or other produce of land have been damaged by tresspass, by cattle shall be set-off and deducted from any sum due to that person as compensation in any civil suit referred to in section 30.
Chapter VIII MISCELLANEOUS
32. DelegatIon of powers The Director may, by notification in the Gazette delegate all of any of his powers under this Act., to any officer of his department and may, by notification, withdraw such powers.
33. Power to make rules
(1) The Government may make rules to carry out the purposes of this Act.
(2) Every rules made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Nagaland Legislative Assembly agree that the rule should not be made. The rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
34. Repeal and Savings The Cattle Tresspass Act, 1871 (Central Act, 1 of 1871) in its application to the District of Kohima, Mokokchung, Phek, Wokha and Zunheboto is hereby repealed but notwithstanding such repeal all pound established under the aforesaid Act shall be deemed to be pounds established under this Act.
THE NAGALAND AGRICULTURAL PRODUCE MARKETING (REGULATING) ACT, 1985 CONTENTS
CHAPTER I PRELIMINARY Sections
(1) Short title, extent and commencement
(2) Definition
CHAPTER II ESTABLISHMENT OF MARKETS
(3) Notification of intention of regulating marketing of notified• Agricultural Produce in specified areas.
(4) Declaration of market area and regulation of marketing of specified Agricultural produce therein.
(5) Alteration of market area and of items of regulated Agricultural produce.
(6) Amalgamation/Division of Market Committees
(7) Division of Market area into two or more separate market areas
(8) Market, market yards, sub-market yards and market proper.
(9) Control of marketing of notified Agricultural produce.
CHAPTER III CONSTITUTION OF MARKET COMMITTEE
(10) establishment of market Committee and its incorporation.
(11) Vesting of property of local authority in Market Committee.
(12) Acquisition of land for market committee.
(13) Appointment of officer-in-charge or Committee-in-charge pending constitution of first Market Committee.
(14) Constitution of the second and subsequent Market Committee.
(15) Chairman and Vice-Chairman of the Market Committee.
(16) Registration by Chairman and Vice-Chairman and vacancy in their office,
(17) No confidence motion against Chairman and Vice-Chairman.
CHAPTER IV CONDUCT OF BUSINESS AND POWERS AND DUTIES OF MARKET COMMITFEE Sections
(18) Meeting of the Market Committee.
(19) Powers and duties of the Market Committee.
(20) Appointment of Sub-Committee and delegation of powers.
(21) Power to levy Market fees.
(22) Power to order production of accounts and power of entry, inspection and seizure.
(23) Power to stop vehicles etc.
(24) Power to borrow.
(25) Compounding of offences.
(26) Power to write off irrecoverable fee etc.
(27) Power to remove encroachment on Market yard.
(28) Use of weighing instruments, weights and measures, their inspection and seizure.
(29) Mode of making contract.
(30) Acts of Market Committee etc. not to be invalidated.
CHAPTER V BUDGET
(31) Preparation and sanction of Budget.
CHAPTER VI STAFF OF MARKET COMMITTEE
(32) Constitution of State Agricultural Marketing Service.
(33) Secretary of Market Committee.
(34) Other officers belonging to State Agricultural Marketing Service.
(35) Appointment of Secretary and other officers pending constitution of State Agricultural Marketing Service.
(36) Appointment of staff by the Market Committee.
CHAPTER VII REGULATION OF TRADING
(37) Regulation of persons operating in the market area.
(38) Power to grant licence. Sections
(39) Power to cancel or suspend licence.
(40) Appeal.
(41) ProhIbition of trade allowances other than those prescribed under this Act.
(42) Sale of notified Agricultural produce in markets.
(43) Conditions of buying and selling.
CHAPTER VIII MARKET COMMITFEE FUND
(44) Market Committee Fund.
(45) Application of Market Committee Fund.
CHAFFER IX MARKETS OF NATIONAL IMPORTANCE
(46) Constitution of Market Committee of market of national importance.
(47) Composition of Market Committee.
(48) Chairman and Vice-Chairman.
(49) Executive Committee for Market of National Importance.
(50) Chief Executive of the Market Committee of Market of National Importance.
CHAFFER X STATE AGRICULTURAL, MARKETING BOARD CONSTITUTION, FUNCTIONS AND POWERS
(51) establishment of the State Agricultural Marketing Board.
(52) Incorporation of Board.
(53) Composition of the State Agricultural Marketing Board..
(54) Members of the Board..
(55) Chief Executive officer of the Board.
(56) Term of office of non-official members of the Board..
(57) Term of office of the members.
(58) Filling of casual vacancy.
(59) ResignatiOn of the members.
(60) SuperintendenCe of the Board..
(61) Allowances tO members of the Board.
(62) FunctionS and powers of the Board.. Sections
(63) Other functions of the Board..
(64) Regulations.
(65) Marketing Development Fund.
(66) Payments incurred by the Board.
(67) Contribution towards the Board.
(68) Borrowing by issue of bonds or stocks.
(69) Utilization of Market Development Fund.
(70) Audit of accounts of the Board.
(71) Delegation of powers.
(72) Supervision and control of the Chairman/Chief Executive.
(73) Function and Powers of the Chief Executive.
(74) Conduct of business of the Board.
(75) Appointment of officers and the Staff of the Board..
(76) Powers and Functions of the Directorate of Marketing.
CHAFFER XI PENALTY
(77) Penalty for contravention of Act., Rules and Bye-laws.
(78) Recovery of Market dues.
(79) CognizanCe of Offences.
CHAPTER XII CONTROL
(80) Inspection of Markets and inquiry into affairs of Market Committee.
(81) Power to remove a member of the Committee.
(82) SupercesSiOn of the Committee.
(83) Emergency powers.
(84) Consequences of supe rcession.
(85) Power of Director to direct making or amendment of Bye-laws.
(86) Power to write off losses, shortages and irrecoverable fees.
(87) Power of the call fee proceedings of Market Committee and pass orders thereon.
(88) Power of the Director to prohibit execution of further extension of resolution passed or orders made by the Committee.
(89) Liability of Chairman, Vice-Chairman, members and ethployees for loss, waste or misapplication etc.
(90) Power of State Government to amend schedule. Sections
(91) Recovery of sums due to Market Committee.
(92) Duty of police officer. (93) Chairman, Vice-Chairman, members, officers and servants etc. of Market Committee and Board to be Public servants.
(94) Delegation of Powers.
(95) Bar of civil suit.
(96) Bar to suit in absence of notice.
(97) Duty of local authorities to give information and assistance.
(98) Protection to persons acting in good faith.
(99) Act not be invalidated by informality, vacancy etc.
CHAPTER XIII RULES AND BYE-LAWS
(100) Power to make rules.
(101) Power to make bye-laws.