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State of Nagaland - Section

Section 393 in Nagaland Municipal Act, 2001

393. Power to expel person-contravening regulations.

(1)The Chief Officer of Municipality may, after giving he parties concerned an opportunity of being heard and in accordance with such regulations, as may be made by the Municipality, -
(a)Expel from any municipal market, municipal slaughter-house or municipal stockyard, for such period, as he may think fit, any person, who or whose employee has been found contravening any regulations made under this Act and in force in such market, slaughter-house or stockyard;
(b)Prevent such persons, by himself or by his employees, from further carrying on any trade or business in such market, slaughter-house, or stockyard or occupying any stall, shop, standing, shed, pen or other place thereon;
(c)Close the stall or shop of the person found to be in default in payment of the stallages or rents or any other dues to the Municipality, till payment is made or recovered under the provisions of this Act; and
(d)Determine any lease or tenure, which such person may have in any such stall, shop standing, shed pen or place.
(2)If the tenant or the agent of the tenant or the owner or the lessee of any private market or slaughterhouse, has been convicted for contravening any regulation made under this Act, the Chief Officer may, require such tenant or agent to remove himself from such market or slaughter-house within such time, as may be mentioned in the requisition, and if such tenant or agent fails to comply with such requisition, he may, in addition to any penalty, which may be imposed on him under this Act, be summarily removed from such premises by the owner or the lessee thereof or by the servant of such owner or lessee.
(3)If it appears to the Chief Officer that in any such case the owner or the lessee is acting in collusion with a tenant or an agent, convicted as aforesaid who fails to comply with any requisition under sub-section (2), the Chief Officer may, if he thinks fit cancel the licence of such owner or lessee in respect of such premises.