Andaman and Nicobar Islands act 002 of 1989 : The Andaman and Nicobar Islands Religious Buildings and Places Regulation 1989

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?o 4

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411

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9/'f1FJ. ^{21, 1911}

NEW

DELHI,

f\10.NDA \'. SEPTE:\WER

18, 1%91

IH-IADRA 27,

1 9 ^lI

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MINISTRY ^{OFLAW AND}

JUSTICE

(Legislative Dep,u-tmcnt) New

Delhi,

the

1eth Septembe,,

1!189'/Bhadra

'27.

1911

(Saka)

THE ANDAMAN

AND NICOBAR ISLANDS

RELIGIOUS

BUILDJNGS ^ANDPLACES REGULATION, ¹⁹⁸⁹

No. ²OF 1989

Promulgated ^{by the}President ^{in the}Fortieth ^Year of ^the

Republic of

lndia.

A

Regulation ^{to 1}

egulate

the construction of

public

religious build-

ings ^andtorestrict ^{the useof}

public plac ^cs for

religious

pur- poses in order ^toavoid^a breach of

the public peace and

tran- quillity

likely ^toarise^from

disputes

between different

sections of ^the

people ^oftheUnion territory

of^theAndaman and

Nicobar Islands. In exercise of

the

powers conferred

by

article 240 of

the

Constitulion, the President ^ispleased ^to

promulgate

the

following Regulation ^made by

him:-

!.

(1)

This

Regulation

may

be called ^theAndaman and

Nicobar Isl;:.nd.s Rc1igious

Building-:;

and

Places

Regula.ion,

1 989.

(2) ^Itextends ^tothe

whole^of the Union

territory

of the

Andaman and

Nicobar Islands.

(3) ^Itshall^comeinto

force^on such ^dateasthe AdminisiraloJ·

n.18.;-·, by

notification ^intheOfficial Gazette. appoint.

( ¹

)

Short title. extent and

commence. rnc n t."

2

. THE

GAZETTE

OF l1'Dl.\ EXTRAORDINARY

[PART

II- Dcfini

,

t ions. Hl'strii.:. uons on

use of

public

places

for rell· gious

PUC-

pnS·'"·

z. In

this

Regulation,

unless

the context otherwise requires.v- (a)

"Administrator" means^the

Administrator of the Union territory ^ofthe

Andaman^andNicobar Islands

appointed

by ^the President under

article 239 of the

Constitution;

(o) "building" means a house,

shop,

hut,

shed or other structure or

enclosure,

whether

roofed or

not,

of whatsoever

material, con- structed and

includes every part thereof,

all

walls,

verandahs,

plat- forms,

plinths,

door

steps

and the like

and a tent or other

portable and

merely temporary shelter; (c)

"Deputy

Commissioner" means^the

Deputy

Corrurussioner ^of a

District; (d)

"Official Gazette" means^theAndaman ^and

Nicobar

Islands Gazette;

(c) ^{"pl ace"}means

any

open space which^isnot,t

b·.1ilding;

(f) "prcscribed"

means

presc!·ibed

by

rules^madeunder^this Regulation;

(a)

"publ ^ic"

used ^withreference^toa

building ^or

place. signifies that such

building

or

[.Iace,

whether or not

acquired.

constr ucted or maintained

by

or at the expense of some

specified person

or

body of persons and which is

not the

private

and

personal

property

of such

person

or

body Jnd ^is

open to the use and

enjoyment ^ofthe public ⁱⁿ

general ^orofa

particular

class^orsection thereof ^forthe purpose. if any. Ior

which^it

may have been^set

apart;

(h) "religious" ^whenusedwithreference^toa

building ^or

?)l:1ce. signif1cs ^thatsuch

buildmg ^or

place ^isusedorintended^tobeused for the purpose of

religous worship

or instruction. or

offering prayer (which

includes

bha_jan, kirtan,

stuti^or

nnincz) ^or

performance ^of any religious rites

by persons of^or

belonging

to

any religion.

creed, sect or class. as a temple, mosque. church,

ctiluitr),

dargah,

1:hangc.h, mutt.

tab!1a or the

like; (i)

"Sub-Divisiouul

Officer" means^therevenue officer ⁱⁿ

charge of a sub-divison^of3 District.

::.

(I)

No person shall use

any public place-

(a) ^asa

permanent rel:giOL!S place: ^or

(b) ^savewiththe

previous

written

permission ^oftheSub- Divisional Officer obtainedⁱⁿthe

prescrfbcd

manner. ^{as a}

temporary religious

place.

(2)

Nothing ^inthissection shall

apply ^tocremation

grounds ^and burial

places

or^tothe

holding ^offunctions^orthe

taking ^outof

proces- sions 111 connection

with deaths^ormarriages ^orto

other

purely

social and s!'CU lar functions^orto

religious proc

sions^. ;

GAZET I'E OF INDIA

EXTRAORDLl\"AnY Si:c. 1

J

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4.

No person shall, without previous written

permission

of

the Sub- Divisional Officer

obtained in the

prescriber! m:,:rncr,- (^a)construct any public

religious

building; or (b)

convert

any private

or

public

building

or

place

into a

pub-lic

religious

building. E:i:plan(lt on.-Tile

temporary

use of a

bu1l<.Lng or

place

for

religious purposes on

occasions such as Hol;

Durqa Puja

K.uli

Puja,

Mohatram Id and

the lili•: shall not oe

cieemed t; be the

conv?rsionthereof into a l;ub-Iic

rell111ous

building.

,

3.

(1) 'When an

application under section. 3 or section

4 is

presented to

the

Sub-Divisional Officer,

he may, after

making

such

inquiry as he mt1y

think

necessary, either disallow

the

application or

grant the

re- quisite permission unco nd

itrona Ilv or with

such

conditions as

to securitv.

.

. or

otherwise as he m

1y consider

reasonable

in

the circumstances

of each case.

(2) ^Theorder of

the

Sub-Divisional Officer

passed

under

sub-section

(

1)

shall be communica

led

in

writing

to the

applicant

and if such

appli- cant

does not

receive such

communication

within one month in

the case of an

application under section 3 or within

three months in case of an o

pplicatton under section 4

from the

date on which such

application \V,lS

recci\'L'd

in the office of

the

Sub-Divisional Officer. such

appl.cant

shall

be

deemed

10 have obtained the

permission required by

section^Jor section i. as the case

may

be.

G.

(1)

An

appeal

shall lie

and

may

be

brought

in the

prescribed

man- ner

to the

Deputy

Commissioner from an order of the

Sub-Divisional Officer made under

section 5 within

thirtv

davs

from the date on which it was

communicated to

the

applicant.

(2) Any person

aggrieved

by any decision of

the

Deputy

Commis- sioner under

sub-section

(1) may. within

ninety days

from the date of such decision, appeal

to

the

Sccre tar-, in

charge

of the Revenue

Department and the decision of

the

Secrctarv

in an

appeal

under this section shall be final.

Construe·

t ions

etc., of

pub- lic reli- .gious

build-

1 ngs.

Proce-

dure for grant of permis- sion.

.\pp

-als.

7.

An 01 dcr made under this

R,?gulation

by

a Sub-Divisional

Officer or

on

appeal

by

a

Deputy

Commissioner or the

Secretary

in

charge

of the Revenue

Dcpar

tmcnt shall

be final and

shall not be liable to be called in

question

in

any Civil Court.

8.

( l)

A

permission

obtained under

section

3

shall

expire

three

months a It e r •hp cl a t c- of

the,

order

g1·:::1nting

the some or the

day

next e f

tc r the date on which

the act

thereby permitted

was to be

performed,

whichever may be earlier.

(2) ^A

permission

obtained under section 4: shall

be

valid for a

period of one

vea- within

which the

act

permitted

to be

done

should be com- menced.

9.

Whoever contravenes or

attempts

to contravene. or abets the con- t

ravention of. any

of

the

provisions

of this

Regulation

or the rules

made t

he rcu nde r

or

any condition

subject

to

which a

permission

therr-under mnv hn ve been

granted

shall be

punishable

w i th

imprisonment

for a t orm .Iur isd ie. tion ot

co urts

barred.

Duration

of pcr-.

mission.

Offences

,d1d

punish-

P"'vnt,.

CU!,'1ll7.-

allCe o!

Jlcnces

I·ower o!

Sub-Div,_

sinn;.11

omccr ^to

J1req

rvmo\·al

of

unau.

•

horiscd work. Removal of ^un, a ut hc

ri- ted wc,rk. - ·-- - - -

----

which

may extend^tothree months, ^or with fine which may extend ^tofive hundred rupees, ^orwithboth. lU

.•

\n offence under

this

Regul:J.tion

shall

be triable

by ^:i Judicial .:\bg1strate ^ofthefirst class^onthe

complaint ^ofa

police officer ^notbelow ihe rank 1,.[ a Sub-Inspector

made under the order

of^a Sub-Divisional O.Ticer.

11.

(1) Notwithstanding

anything

contained

in,

but without

prejudice lo the

provisions

of. section 12.

the Sub-Divisional

Officer, ^on his own ^mo- t iou or^0.1

complamt ^orotherwise. ^onrece.ving

information that any work has Leen constructed ⁱⁿcomra\·ention

of the

provisions

of this

Regulation or of any pen111ssion granted

thereunder

within his

jurisdiction,

shall pro- ceed ^{[r )}

inquire ^intoabout^thetruth ^ofthe

matter and if after inquiry, comes to tho conclusion

that

the work

has been so constructed,

he shall cause lo be notified

in the

locality

by

beat of drum and

by

fixing a show- cause notice on the

conspicuous part

of the

work so constructed ^{and on} the

notice: board

of ^hisof.ice and also

cause ^a notice ^lobe served^onthe person ^or

persons (if ,,sccrtainab1e) responsible for the construction ^of

the ^work

calling ^for

objections. ^ifany.within^a

period ^offifteen

days as

to

whv

such work should

not be removed.

(2) ^TheSub-Di\'isional

Officer shall ^then hear and decide

the objec- Lions, ^if

nny. ^cnd

record

finding ^onthematter.

(3) ^IftheSub-Divisional

Offlcer

arrives^at the

finding ^thatthe ^work is constructed ⁱⁿ

contr^avcnion^lf the

provisions

of this

Regulation ^or of

any permission granted

thereunder. he shall.

by ^anorder ⁱⁿ

writing, direct the removal of the ^worksoastorestore the

building ^orplace ⁱⁿ question ^asnearly ^{as mavbetoits}original condition.

(-1) Subject ^tothe

result^ofanyappeal that

may ^befiled under sub-

?;ection ( 5),

where^{anv wo:k isnot} removed ⁱⁿ

compliance

with the dircc! in i.sucd^uridvr sub-section (3)

within the

period

of^onemonth from the elate of such ^dircct io^norof the decision ⁱⁿthe

appeal

if^any. the Sub-Divisional

Officer

shall

C3Use such compliance ^lobe made through ^apolice

officer ^notLelowthe rarik of

Sub-Inspector ^at+hc cost I t hr- de

1;t"c1lter ⁱⁿthe

prescribed

manner.

(5) ^The

provisions ^ofsection ⁶shall.^{sofor us may} be.

apply ^toan ordPr made ^bvthe Sub-D,\·isinn;il

Officer under

sub-sect ^ion

(.1) ^int1w s:1n1e m:,nncr

35 they appl?·

to c1n order made

under

section ^5.

12.

(1)

The

court making ^anorder of conviction ^forclllv oftencc under section ⁹shall

direct

that^any work which

has been constructed ,n contr:ivention

of

the

pro\·isions of this

Regulation ^orof:111y permis- sion rrranted thereunder

but ^has not been alreadv

removed under the

'

.

pro-visions ^of

section^11.shall be removed ^{so asto}restore the building ur the

place

in

questi0n

as nearJ?-

as

may be to its

original

cun<..1ition.

(2) ^Incaseofnon-compliance with a direction

made

under sub- section (1).

the court sball cause such <:ompliance ^tobe macle ihrou!:(.h n

police

officer

not below the

l]

THE G,,ZETTE OF

I?JDI..

r :nt.\C.Wl!\ARY - ----- - -- ----- ^-

----

5

2 of 1966.

13. No

suit or other

legal proceeding

shall

lie

,,gainst any person in respect ci

anything

which

is

in

good

f.:itl. done^orintended

to be

done in

pursuaucc of this

Regulation.

14. ^The

provisions ^ofthis

Regulation

snall be ⁱⁿaddition^{toand not} in

derogation

of

provision

contained

in the

Andaman and Nicobar Islands Land

Revenue

and Land

Reforms

Regulation, ^{1966or any}other law ^{forthe time}

being ⁱⁿ

force.

15.

(1)

The Administrator may, by

notification ⁱⁿ

the Official

Gazette, make rules ^for

carrying ^{out the}

purposes ^ofthis

Regulation.

(2) ^In

particular ^andwithout

prejudice ^tothe

generality ^ofthe foregoing power, ^such

rules ^mayprovide ^for-

(a) ^themanner^of

seeking

permission

under sub-section

(1) ^of section ³and

section

4;

(b) ^themanner^of

filing ^an

appeal

under sub-section ^{(1) ofsec-} tion

6; ( c) ^themannerⁱⁿwhich

compliance

under sub-section

( 4) ^of section ¹¹

shall be made;

(d) ^the

mannerⁱⁿwhich

compliance

under sub-section

(2) ^of section 12 shall ^be

made;

(e) any

other matter which ^is

required ^to

be, ^{or may}be, pres- cribed.

16.

Every

rule made under this

Regulation

shall be

laid, ^assoonas may ^beafter ^{it is}

made,

before each

House

of

Parliament, while it is ⁱⁿ session, ^foratotal

period ^of

thirty

days

which^maybe

comprised ^inone session or^{in twoormore}successive sessions, ^and

if,

before ^the

expiry of the session

immediately

following

the

session^orthesuccessive sessions aforesaid, ^both

Houses agree ⁱⁿ

making^anymodification ^intheruleor both

Houses

agree ^thatthe

rule

should ^notbe

made,

the rule shall

there- after have effect

only ⁱⁿsuch

modified ^{formorbe0£no}effect, ^asthe case

may be;^so.however.

that any such modification or annulment shall

be without

prejudice

to the

validity ^of

anything previously ^doneunder thnt rule

R. VENKATARAMAN,

President.

V.

S.

RAMA DEVI

Sccit to the Govt.

of

India. ----------

rmN"TEfl ^DYTIIE MA-:Ar:rn.

(O\'EilN'U:r

r

01'

Jl',l)l.\ l'ht:S^.. i\H:-:TO

POAD, ^NEWDELHI

/\'SD PUIILJSI!ED

B1 ^THECOKTI10t

L,.Il Of !'OD! !C,\llUNS,

DELllI,

1989

Protec, tion of action to.ken in

good faith. Provi- sions to be ⁱⁿ

addition to cxis- ting ^law. Power

to make rules.

Rules to be ^laid before Parlia., ment.