Chapter IX MISCELLANEOUS

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. Nothing herein contained shall be deemed to prohibit any person whose crops or other produce of land have been damaged by tresspass of cattle from suing for compensation in any competent civil court.

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. Any compensation paid under this Act, by order of a convicting Magistrate, to a person whose crops or other produce of land have been damaged by tresspass, by cattle shall be set-off and deducted from any sum due to that person as compensation in any civil suit referred to in section 30.

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. The Director may, by notification in the Gazette delegate all of any of his powers under this Act., to any officer of his department and may, by notification, withdraw such powers.

(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. (1) The Government may make rules to carry out the purposes of this Act. (2) Every rules made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Nagaland Legislative Assembly agree that the rule should not be made. The rule 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 or anything previously done under that rule.

(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 The Cattle Tresspass Act, 1871 (Central Act, 1 of 1871) in its application to the District of Kohima, Mokokchung, Phek, Wokha and Zunheboto is hereby repealed but notwithstanding such repeal all pound established under the aforesaid Act shall be deemed to be pounds established under this Act.

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.

1. (1) Every employer shall have his establishment registered under this Act. The registration shall be renewed every twelve months.
2. (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. (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.
4. (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 1.Short Title, extent and commencement
5. (1) This Act may be called the Nagaland cattle Tresspass Act. 1985.
6. (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.
7. (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
8. (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.
9. (2) “Director” means Director of Agriculture, Nagaland.
10. (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.