section 362
Power to removal of dangerous building.
The Nagaland Municipal Act, 2001Part V Part V
- If in municipal area of a Municipality any wall or building or anything affixed thereto, 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 the wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to 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 building for the safety of the public or inmates thereof and may after giving them such notice as the Chief Officer may think necessary, require the inmates of the 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 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 of secure or cause to be demolished, repaired or secured, any such wall or building or thin 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 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. 363. Inspecting of building. - I. The Chief Officer of a Municipality or any Officer duly authorized by him in this behalf may, at any time during the erection or re-erection of a building of the execution of any work in the municipal area under this Chapter make an inspection thereof without giving any prior notice of his intention so to do.
2. The Chief Officer or the Officer duly authorized, may inspect any
existing building at time giving forty-eight hours notice in the prescribed manner in advance. 364. Municipal Building Code.- The Government may make rules,- a. for the regulation or restriction of the use of sites for buildings; and b. for the regulation or restriction of building
2. Without prejudice to the generality of the power conferred by sub-
section (1), the rules made there under may provide for all or any of the following matters, namely:- a. information and plans to be submitted together with application under any of the provisions of this Chapter; b. requirements sites; C. means of access; d. development of land into and sub-division and layout, e. land use classification and uses;
f. open spaces, area and height limitations;
g. parking spaces;
h. requirements of parts of buildings including plinth habitable room, kitchen, pantry, bathroom and water closet, loft, ledge, mezzanine floor, store room, Garage, roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks, boundary wall and leach pit; i. provision s of lifts; exit requirements including doorway, corridor, passageways staircase ramps and lobbies; k. fire protection requirements including doorway, corridor, passageways, staircase ramps and lobbies; 1. special requirements or occupancies of residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building, (including those for assembly, movement, parking loading, unloading, public conveniences, water-supply and vendors plazas); in. structural design; n. quality of materials and workmanship; o. alternative materials, methods of design and construction; p. building services including electric supply, gas supply, air conditioning or heating and telephones and telex; q. plumbing services; r. signs and outdoor display structures; S. licence of Building Architects, Engineers, Building, Surveyors and Draughtsmen for purpose of preparing building plan; t. recovery of fee in respect of multi-storeyed buildings; and
U. any features to be included in building plans under various
provisions of this Act.
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