Bare ActsThe NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023)

Section 23

Amendment status not verified — confirm the current text below against the official source.

Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to firefighting (1) Where a notification has been issued under Section 21 and Section 22, it shalt be lawful for the Director or Fire Officer to direct the removal of encroachments or goods Likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or Fire Officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or paridat is situated, requesting to adjudicate the matter: PROVIDED that where the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachment or objects or goods forthwith and report the matter to the District Magistrate] Deputy Commissioner accorcJingty(see :Schedule of formats chapter XII) (2) On receipt of a report under sub-section (1), the district Magistrate/ Deputy Commissioner shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting. (see :Schedule of formats chapter XII) (3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the District Magistrate! Deputy Commissioner may make an order to seize, detain or remove such encroachments or objects or goods as per prescribed Rules. (see :Schedule of formats chapter XII) (4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of August 31, 2023 The Nagaland Gazette, Part-V 41 seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice. (see :Schedule of formats chapter XII) (5) On the failure of the person in whose possessions the objects or goods were at the time of seizure to claim the cei2ed goods pursuant to notice given under sub- section (4), the District Magistrate/ Deputy Commissioner shall sell them accordingly by public auction.

Section 23 – The NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023) | DailyLaw.ai