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State of Nagaland - Section

Section 362 in Nagaland Municipal Act, 2001

362. Power to removal of dangerous buildings.

(1)If in municipal area of a Municipality any wall or building or anything affixed hereto, be deemed by the Chief Officer of the Municipality or the Municipal Architect or the Municipal Engineer of a Municipality toe be in ruinous state, or likely to fall, or to be in any way dangerous, he shall forthwith cause a written notice to be served on the owner and to be put on some conspicuous part of he wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to demolish, repair, or secure such wall, building or thing, as the case may require.
(2)The Chief Officer may, it appears to him necessary so to do cause a proper hoarding or fencing or other means of protection to be, put up at the expenses of the owner of such wall or building for the safety of the public or inmates thereof and may after giving them such notice as the Chief Officer may thing necessary, require the inmates of he building to vacate it.
(3)The provisions of this Act and of any rules or regulations made thereunder relating to the buildings, shall apply to any work done in pursuance, or in consequence of a notice issued under sub-section (1).
(4)Notwithstanding anything contained in the foregoing sub-section, -
(a)The Chairperson of a Municipal Council or a Town Council and in the absence of the Chairperson, as the case may be, the Chief Officer may, forthwith or with such notice, as he thinks fit, demolish, repair or secure or cause to be demolished, repaired or secured, any such wall or building or thing affixed thereto, on the report of the Municipal Architect or where there is no Municipal Architect, on the report of the Municipal Engineer, or in his absence, the Municipal Town Planner, certifying that such demolition, repair or securing of the building, wall or thing, is necessary for the safety of the public or the inmates or the building;
(b)In any such case the Chief Officer may, cause the inmates of the building to be summarily removed from the same or such portion thereof, as he may consider necessary; and
(c)All expenses incurred by the Municipality in taking action under this sub-section, shall be paid by the owner of such wall, building or thing.
(5)Any action taken by the Chairperson or the Chief Officer under sub-section (4), shall, unless the contrary is proved, be deemed to have been taken lawfully and in good faith and with due care and attention.