LexThe Nagaland Shops and Establishment Act, 1985
Nagaland · state statute
Open in Lexace · Ask the AI about this actTHE NAGALAND SHOP AND ESTABLISHMENT
ACT. 1982
(NAGALAND ACT NO. 5 OF 1985)
(Received assent of the Governor of Nagaland on
the 1&h December, 1985)
An
Act
to provide for and the regulations of conditions of work and employment in shops and commercial
establishments and establishemtns for public entertainment or amusement in the State of Nagaland. It is hereby
enacted in the thirty-third year of the Republic of India as follows : —
Short Title, extent and commencement
1. (1) This Act may be called the Nagaland shops and Establishments Act. 1982.
(2) It extends to the State of Nagaland.
(3) It shall come into force on such date as the State Government may, by notification in the
official Gazette appoint.
(4) (i) It shall apply, in the first instance to the Town Committees as declared or
constituted under the provision of the Naga Hills District (constitution of Town
Committee) Rules, 1954.
(ii) It shall apply to such other areas or to such shops, commercial establishments or
amusement in such other areas on such date or dates as the State Government may,
by notification specify.
Chapter I
PRELIMINARY
Definition
2. In this Act unless there is anything repugnant in the subject of context:
(1) “apprentice” means a person aged not less than twelve years whom an employer employs
in his service for training by himself or by any other person for any trade or caffing;
(2) “child” means a person who completed his fourteenth year.
(3) “closed” means a not open for the service of any customet or to any business connected
with the establishment;
(4) “commercial establishment” means an establishment in which there is conducted the
business of advertising, commission, forwarding or commercial agency, a department of a
factory in which persons are employed inclerical capacity in any room or place where no manu-
facturing process is being carried on, a clerical department of any industrial or commercial
undertaking including one of public transport, an insurance company, joint stock company,
brokers, office or exchange, or such other establishment or class thereof as the State
Government may, by notification, declare to be commercial establishment for the purposes of
all or any of the provision of this Act., but does not include a Shop or an establishment for
public entertainment or amuserr ent;
(5) “4y” means the period of twenty-four hours beginning at midnight Provided that in the case
of an employee whose hour of work extend beyond midnight, day means the period of
twenty four hours beginning when such employment commences;
(6) “employee” means a person wholly or principally employed in and in connection with any
establishment and includes an apprentice;
(7) “employer” means a person owing or having ultimate control over the affairs of an
establishment and includes the manager, agent or other person acting in the general
management
(8) “establishment” means a shop or a commercial establishment or an establishment for
public entertainment or amusement
(9) “establishment for public entertainment of amusement” means a restaurant, eating house,
cafe, cinema theatre and such other establishment or class thereof as the State Government
may by notification, declare to be for the purposes of this Act, an establishment for, public
entertainment or amusement, but does not include a shop or a commercial establishment.
Central Act, No. 63 of 1948
(10) “Factory” means a factory as defined in or declared to be a factory under the factories
Act. 1948 :
(11) “half day” means a period of six consecutive hours between the hours of half past seven
O’clock ante-meridian and seven O’clock post meridian
(12) “Inspector” means an inspector appointed under this Act.
(13) “Leave” means eave provided for in the Chapter III of this Act.
(14) “notification” means a notification published in the official Gazette.
(15) “opened” means opened for the service of any customer or to any business connected with
the establishment
(16) “period of work” means the time during which an employee is at the disposal of the
employer.
(17) “prescribed” means prescribed by rules made under this Act.
(18) “prescribed authority” means the authority prescribed by rules made under this Act.
Central Act. No. 63 of 1948
(19) “shop” means any premises where any trade or business is carried on or where services are
rendered to customers, and includes office, store rooms, godown of warehouse, whether in the
same premises or otherwise used in connection with such trade or business but does not
include a commercial establishment or a shop attached to a factory where the persons
employed in the shop are allowed the benefits provided for workers under the Factories Act
1948 or an establishment for public entertainment for amusement.
(20) “spread over” means the period between the commencement and the termination of the work
of an employee on any day.
(21) “Wages” means payment whatever intervals paid and includes dearness and such other
allowances payable in terms of money and includes the value of loodging and such other
amenitites whose value is capable of being computed in terms of money.
(22) “Week” means the period of seven days beginning at midnight on Saturday night or such
other night as may be approved in writing for a particular area by the prescribed authority.
(23) “year” means a year commencing on the first day of January.
Exemptions
3. (1) nothing contained in this Act. shall apply to : —
(a) person employed in any establishment in a position of management
(b) person whose work mainly involves travelling and persons employed as canvassers
and caretakers and whose names do not appear in the master rolles;
(c) establishment under the Central or any State Government local authorities, the
Reserve Bank of India or any other Bank any Railway administration and Cantonment
authorities;
(d) any water transport service, or motor service or any system of public conservancy
or sanitation, any industrybusiness or undertakingwhich supply power, / light or water
to the public and such other publicutility companies or associations or classes thereof
as the State Government may, by notification, exempt from the operation of this Act.
(e) clubs ; residential hotels and boarding houses;
(f) stalls and refreshment rooms at railway stations, docks, wharves and airports;
(g) establishment for the treatment or care of the sick, infirm, destitute or mental unfit
(h) shops or classes of shops dealing mainlyin vegetables, meat, fish, dairy products,
bread, pastries, sweetmeat and flowers so far as the retail sales of these articles are
concerned;
(i) pharmacies or shops dealing mainly in medicines surgical appliances, bandages, or
other medical requisites so far as sale of these articles are concerned;
(j) shops dealing in articles required for funerals, burials or cremations so far as the
sales of those articles are concerned;
(k) shops dealing in tobacco, cigrates, cherrots, cigarettes, biris, pan, liquid,
refreshment sold in retail for consumption on the premises, ice, newspaper, or
periodicals so far as the sales of these articles are concerned;
(1) shops dealing in supplies, stores, or other articles necessary for shops so far as sales
of these articles are concerned;
(m) shops or stalls in any public exhibition or show so far as such shops or stalls deal in
retail trade which is solely subsidary or ancillary to the main purposses of such
exhibition or show;
(n) shops or stall in any public fair or bazar held for charitable purposes;
(o) barbers, and hair-dresser’s shops
(p) shops dealing in petroleum products ‘or spare pans for motors, vehicles or cycles
(q) excise shops
(r) establishments in mine and oil-field;
(s) any person employed in a confidential capacity, messenger, watchman or
exclusively in connection with the collection, dispath, delivery and conveyance or
custom formalities of goods or such other persons or classes of persons as the State
Government may, by notification exempt from the operation of all or any of the
provisions of this Act.
(t) such seasonal commercial establishment engaged in the purchase of jute or cotton
ginning or cotton or jute pressing and the clerical department of such seasonal
factories and 11(2) such other establishments as the State Government may by
notilication exempt from the operation of all or any of the provisions of this Act
Power of Government to apply the Act to exempted persons or establishment
4. Notwithstanding anything contained in section 3 the State Government may, by notification in the
official Gazette apply all or any of the provisions of this Act to any class of persons or establishments
mentioned in that section other than those mentioned in clause (c) of sub-section (1) and modify or
cancel any such notification.
Exemptions
5. The State Government may, if they are satisfied that public interest so requires or that the circumstances
of the case are such that it would be just and proper to do so, having regard to the nature and capacity of
the establishment, by notification in the official Gazette exempt either permanently or for any specified
period, any establishment or clausses of establishments in any area or persons to which or to whom this
Act applies, from all or any of its provisions subject to such restrictions and conditions as the State
Government may deem fit.
Chapter II
HOURS OF WORK
Daily and weekly hours
6. No employee in any establishment shall be required or allowed to work for more than eight hours in any
day and forty-eight hours in any week;
Provided that the total number of hours of works including overtime, shall not exceed ten hours in any day
except on days of stock taking and preparation of accounts and the total number of hours of overtime shall
not exceed fifty for any quarter,
Extra wages for overtime
7. Where an employee works in any establishment for more than eight hours in any day or for more’ than
forty-eight hours in any week, he shall in respect of such overtime work be cntitled to wages at the rate
of twice the ordinary rate of wages.
EXPLANATION
For the purpose of this Section “ordinary rate of wages” means the basic wages plus such allowances,
including the cash equivalent of the advantage accruing through the supply of meals and the concessional
sale to employees of food grains and other articles as the employees is for the time being entitled to, but
does not include bonus.
Interval for rest
8. The period of work of an employee in an establishment each day &hall be so fixed that no period shall
exceed four hours and that no such person shall work for more that four hours before he has had an
interval for rest of at least one hour.
Spread over
9. The period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for
rest, they shall not spread over more than ten and half hours in any day.
Opening and Closing hours
10. (1) No establishment shall ‘on any day be opened earlier than and closed later than such hours as
may be fixed by a general or special order of the State Government made under sub-section
(2).
Provided that any customer who was being served or was waiting to be served in any establishment at the
hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
(2) The State Government may by general or special order, fix the time at which any
establishment or class of establishment shall be opened or closed in any local area.
Closing of shops and grants of weekly holidays for religious purposes
11. (1 ) Every shop shall remain entirely closed for one day in each week.
(2) The State Government may, by notification require that in addition to one day refferred to in
sub-section (1), every shop or any specified class or shops shall remain closed between such
hours in the afternoon of such days in each week, as may be specified in the notification.
Provided that when there are conducted in a shop two or more trades or business, any of which is of such
character that, if it was the sole trade or business therein conducted, the provisions of this Act would not apply
to that Shop, such shop-shall so far as the conduct of the trade or business is concerned be exempt from the
operation of sub-section (1)
Provided further that, when in any establishment for which the provision of this Act, applies two or more trades or
business are conducted, one or more of which are usually conducted in a shop while the others are usually
conducted in a commercial establishment, the provision of this Section shall not apply to the establishments so
far as the conduct of the trades or business usually conducted in a commercial establishment are concerned.
(3) No deduction on account of any closure of a shop under the provision of sub-section (1) or
sub-section (2) shall be made from the wages of any employee of such Shop,
(4) The day on which shop shall be closed in each week under the provisions of sub-section (1)
shall be such day as may be specified by the employer in a notice, which shall be displayed in
a conspicuous place in the shop.
Provided that no employer shall, more often than once in every three months, alter the day so specified.
(5) Every person employed in a commercial establishment shall be allowed as holidays at least
one and a half day in each week
Provided that, when there are conducted in a commercial establishment two or more trades or business any of
which is of such character that, if it was the sole trade or business therein conducted, the provisions of this Act
would not apply to that commercial establishment, such commercial establishment shall, so far as the conduct of
the trade or business is concerned be exempted from the operation of this sub-section.
(6) No deduction on account of any holiday allowed under the provisions of sub-section (5) shall be
made from the wages of any person employed in such commercial establishment.
Act III of 1942
(7) Notwithstanding anything contained in the Weekly Holidays Act, 1942, every person employed
in an establishment for public entertainment or amusement shall be allowed as holidays at
least one and a half day in each week. Provided that, when there are conducted in an
establishment for public entertainment or amusement two or more trade or business, any of
which is of such a character that, if it was the sole trade or business therein conducted, the
provisions of this Act would not apply to that establishment, such establishment shall so far as
the conduct of that trade or business is concerned
be exempt from the operation of this sub-section.
(8) No deduction on account of any holiday allowed under the provisions of sub-section (7)shall be
made from the wages of any person employed in such establishment for public entertainment
or amusement.
(9) Every person employed in a shop commercial establishment for public entertainment or
amusement shall be entitled to leave of absence for any days, he may select, not exceeding
three in number in any one year for the purpose of attending ceremonies or performing
functions or duties connected with or enjoined by his religion.
Chapter III
LEAVE
Application of Chapter
12. The provisions of this chapter shall not operate to the prejudice of any right to which an employee be
entitled under any other law or under the term of any award, agreement or contract of service.
Provided that where such award, agreement or contract or service provides for a longer leave with wages or
weekly holidays than provided in this chapter, the employee shall be entitled to such longer leave or weekly
holidays as the case may be.
Explanation
For the purpose of this chapter, leave shall not except as provided in Section 12, include weekly holidays or
holidays for festivals or other similar occasions.
Annual Leave with wages
13. (1) Every employee in an establishment shall be entitled after twelve months continuous service in
that establishment to privilege leave with wages for a period of 16 days in the subsequent
period of twelve months, provided that such privilege leave with wages may be accumulated
upto maximum period of 30 days.
(2) Every employee in an establishment shall also be entitled during every twelve months of
continuous service to medical leave with wages for a period not exceeding twelve days on the
ground of any sickness incurred or accident sustained by him and to casual leave with wages,
for a period not exceeding twelve days on any reasonable ground.
(3) If an employee entitled to any leave under sub-section (1) is discharged by his employer
before he has been allowed the leave, or if having applied for and been refused the leave, he
quits his employment before he has been allowed the leave, the employer shall pay him the
amount payable under this Act in respect of the leave.
(4) If an employee entitled to any leave under sub-section (2) is discharged by his employer when
he is sick or suffering from the result of an accident, the employer shall pay him the amount
payable under this Act, in respect of the period of the leave to which he is entitled at the time of
his discharge, in addition to the amount, if any, payable to him under sub-section (3).
(5) An employee shall be deemed to have completed a period of twelve months, continuous
service within the meaning of this section, notwithstanding any interruption in service, securing
those twelve months brought about (a) by sickness. accident, or authorised leave (including
authorised holidays and weekly holiday), not exceeding ninety days in the aggregate for all
three, or (b) by a lock out, or (c) by a strike, which is not an illegal strike; or (d) by intermittent
periods of involuntary unemployment not exceeding thirty days in the aggregate, and
authorised leave shall be deemed not to include any weekly holidays allowed under this Act
which occurs at the beginning or and of an interruption brought about by the leave.
Wages during leave period
14. For the leave allowed to him under section 13, an employee shall be paid at the rate equal to the daily
average of his total full time earning exclusive of any overtime earning and bonus, but inclusive of
dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by
the sale by the employer of food grains and other articles at concessional rates for the days on which
he worked during the month immediately preceding his leave.
Power of Inspector to act for employees
15. Any Inspector may institution proceedings on behalf of any employee to recover any sum required to
be paid an employee under this chapter which the employer has not paid.
Power to exempt establishment
16. Where the Government are satisfied that the leave rules applicable to employees in an establishment
provide benefits which in its opinion are not less favourable than those for which chapter makes
provisions it may, by written order, exempt the establishment from all or any of the provisions of this
chapter, subject to such conditions as may be specified in the order.
Chapter IV
WAGES
Application and amendments of the payments of Wages Act
17. (i) Notwithstanding anything contained in the payment of wages Act, 1936, referred to as the
said Act, the State Government may by notification in the official Gazette, direct that, subject to
the provision of sub-section, (2) the said Act or any of the provisions thereof or the rules made
thereunder shall apply to all or any class of employees in establishment to which this Act
applies.
Central Act 4 of 1936
(ii) On the application of the provisions of the said Act to any establishment under sub-
section (2) the Inspector appointed under this Act shall be deemed to be the Inspector for the
purpose of the enforcement of the provisions of the said Act within the local limits of his
jurisdictions.
Notice of dismissal
18. (1) No employer shall dispense with the service of an employee employeed continuously for a period
of not less than six months, except for a reasonable cause and without giving such employee at
least one month’s notice or wages in lieu of such notice, provided however that such notice shall
not be necessary where the services of such employee are dispensed with on a charge of mis-
conduct supported by ‘satisfactory evidence recorded at an inquiry held for the purpose.
(ii) Any employee whose services are dispensed with, may appeal to such
authority and within such time as may be prescribed either on the ground
that there was no reasonable cause for dispensing with his services or on
the ground that he has not been guilty of misconduct as held by the
employer.
(iii) The appellate authority may, after giving notice in the prescribed manner to
the employer and the employee, disinise the appeal or direct the rein-
statement of the employee with or without wages for the period he was kept
out of employment or direct payment of compensation without rein-statement
or grant such other relief as it may fit in the circumstances of the case.
(iv) In directing the rein Statement of an employee the appellate authority shall
also direct the payment of such amount of compensation as may be
specified by him in case the employer fails to reinstate the employee in
accordance with the directions.
(v) The decisions of the appellate authority shall be final and binding on both
the parties, not be liable to be questioned in any court of law, and be given
effect to within such time as may be specified in the order of the appellate
authority.
(vi) Any compensation required to be paid by the employer under sub-sections
(3) and (4) but not paid him, shall be recoverable as arrears of land
revenue under the
provisions of the Revenue Recovery Act.. 1990 (Act 1of 1890) for the time being in enforce.
Chapter V
EMPLOYMENT OF CHJLDREN AND WOMEN
Prohibition of employment of children
19. No child shall be required or allowed to work in any establishment except as an apprentice in such
employment as may be specified by the State Government.
Prohibition of employment of women and persons below seventeen years during night
20. No women or any person who has not attained the age of seventeen, shall be required or allowed to
work whether as an employee or otherwise in any establishment efore 6 A.M. or after 7 P.M.
Chapter VI
HEALTH AND SAFETY
Cleanliness, ventilation and lighting
21. (i) The premises of every establishment shall be kept clean and free from a fluvial
arising from any drain or opivy or other nuisance and shall be cleaned at such times and by
methods as may be prescribed and these methods may include lime washing, colour, washing,
painting, varnishing, disinfection and deodorising.
(ii) The premises of every establishment shall be ventilated and sufficiently lighted during all
working hours, with such standards and by such methods as maybe prescribed.
(iii) If it appears to an Inspector that the premises of any establishment within his jurisdiction
are not sufficiently kept clean or lighted or ventilated, he may serve on the employer, an order
in writing specifying the measures which in his opinion, should be adopted and resuiring him to
be carried out before a specified date.
Precaution against fire
20. Every employer shall take proper precaution against fire in such manner as may be prescribed.
Appeals
23. Against any order of the Inspector under this chapter, an appeal shall lie to such authority and within
such time as may be prescribed.
Apportionment of expenses under perceding section
24. If any person, being either the owner or the occupier of an
establishment who has incurred or is about to incure any expenses for the purpose of securing that the
requirements of section 21 or section 22 are complied with respect to the establishment, alleges that the
whole or any part of the
expenses ought to be borne by any other person having an
interest in the premises, he may apply to the assistant to the Deputy Commissioner having
jurisdiction over the area in which the establishment is situated and the court shall make such order
concerning the expenses or their appointment as it appears to the court, having regard to all the
circumstances of the case, including the terms of any contract between the parties, to be just and
equitable, and any order made under this section may direct that any such contract as aforesaid
shall cease to have effect in so far it is inconsistent with the terms of the order.
Chapter VII
ENFORCEMENT AND INSPECTION
Appointment of Inspector
25. (i) The State Goivernment may, by notification in made under this section may direct that any
such the official Gazette, appoint such officer or such persons or class of persons as they
think fit to be Inspectors for the purposes of this Act within such local limits as they may assign
to them respectively.
(ii) The State Government may, by notification in the official
Gazette, appoint the Labour Commissioner, or Deputy
Labour Commissioner Assistant Labour Commissioner of
Nagaland as Chief Inspector for the purposes of this Act.
Powers and duties of Inspectors
26. Subject to any rules made by the State Government in this behalf, an Inspector may within the local
limits for which he is appointed:
(a) enter at all reasonable times and with such assistants, if any being persons in the service of
the Government of any local authority as he thinks fit, any place which is or which he has
reasons to believe is an establishment.
(b) make such inspection of the premises and of any prescribed registers/records and notice
and take on the spot or otherwise evidence of any person as he may deem necessary, for
carrying out the purposes of this Act., and
(c) exercise such other powers as may be necessary for carrying out the purpose of this Act.
Provided that no one shall he required under this section to answer any question or give any
evidence tending to incriminate himself.
Inspector to be public servant
27. Every Inspector appointed under sub-section (1) of section
25 shall be deemed to be a public servant within the meaning of section 12 of the Indian Penal Code, Act
XLV of 1960.
Employer to produce records etc. for Inspectors
28. Every employer shall, on demand produce for inspection of an Inspector all registers, records and notice
required to be kept under and for the purposes of this Act.
Chapter VIII
OFFENCES, PENALTIES AND PROCEDURE
Penalties
29. (1) Whoever contravenes any of the provisions of Sections
6, 8, 9, 10, 11, 13, 14, 18, 21, and 22 shall on conviction be punishable with fine which for a
first offence may extend to two hundred and fifty rupees and for a second or any subsequent
offence may extend to five hundred rupees.
(2) Whoever contravenes any of the provisions of Sections 7, 19, 20, 28 and 30 shall, on
conviction be punishable with fine which may exceed to fifty rupees.
(3) No court shall take cognizance of any offence punishable under this Act or any rule or
order made there under unless the complaint is made
(a) by the employee of an establishment either by himself or through the union of
which he is a member within three months from the date on which the offence is
alleged to have been committed; or
(b) by the inspection within six months from the date
on which the alleged offence comes to his knowledge.
(4) No court inferior to that of Judicial Magistrate of the first class shall try any offence
punishable under this Act or any rUles or orders made thereunder.
Chapter IX
MISCELLANEOUS
Maintenance of registers and records and display of notices
30. Subject to the general or special orders of the State Government, an employer shall maintain such
registers and records and displad on the premises of his establishment such notices as may be
prescribed. All such registers and records shall be kept in the premises of the establishment to which
they relate.
Saving of certain rights and priviliges
31. Nothing in this Act shall effect any right or privilege which an employee in any establishment is entitled to
on the date this Act comes into force, under any other law, contract, custom or usage applicable to
such establishment or any award, settlement or agreement binding on the employer and the employee in
such establishment if such rights or privileges are more favourable to him than those to which he would
be entitled under this Act.
Indemnity
32. No suit prosecution or other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act.
Delegation of powers
33. (1) The State Government may by notification in the official Gazette authorise any officer or
authority subordinate to them to exercise all or any of the powers vested in them by or under
this Act, except the power mentioned in section 34, subject to such restrictions and conditions,
if any, as may be specified in the notification.
(2) The exercise of the powers delegated under sub-section (1) shall be subject to control and
revision by the State Government or by such persons, as may be empowered by them in that
behalf. The State Government shall also have power to control and revise the Acts or
proceedings of any persons so empowered.
Powers to make Rules
34. (1) The State Government may subject to the condition of previous publication by notification
in the official Gazette, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:
(a) Health, Safety, Welfare of employees, holiday for occasions;
(b) the from and date for appliéation of registration or renewal of certificate and fees payable for
such a registration of renewal.
(c) the particulars with respect of certificate of registration of renewal thereof;
(d) the manner of taking precaution against fire;
(e) the setting up an appellate authority, the limitation for filing appeal and manner of giving
notice;
(f) any other matter which has to be or may be prescribed.
(3) The State Government may provide in the rules that a contravention of any of the rules shall be
punishable with fine which may extend to fifty rupees and where the breach is a continuing one
with a further fine which may extend to ten rupees for every day, after the first during which the
breach continues.
(4) All rules made under this section shall be laid as soon as may be, after they are made, before
the Nagaland Legislative Assembly while it is in session for a total period of fourteen days
which may he comprised in one session or in two successive sessions and if before the expiry
of that session in which it is so laid or the session immediately following, the Nagaland
Legislative Assembly agree in making any modification in the rules or the Nagaland Legislative
Assembly agree that no rules should be made, the rules 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 of anything previously done
under the rules.
Powers of Government to suspend provision of the Act during fairs and festivals
35. The State Government may, by notification on account of such holiday of other occasions as may be
prescribed, suspend the operation of all or any of the provisions of this Act in respect of any shop or
commercial establishment or establishment for public entertainment or amusement or for any class of
shops or establishments as aforesaid for such period and subject to such conditions as it may think fit.
Registration of establishment
36. (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 sub-
section (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 pound-
keeper 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 Excerpt shown. Open the full act in Lexace.