' .. t
J ..
a1°i~f;Fl ft~l ANDAMAN ~NO f~iilf41( d~qst
NICOBAR GAZETIE
31 'l'll a 1(111 H.XTitAORD! NAK Y 111111411< u ~ PUblished by AUthority li. 158, qo)i .w.~. wnrt", 19 ~ 1994 No. 158, Port Blair, Monday, December 19, 1994 -----------------------
ANDAMAN AND· NICOBAR ADMINISTRATION
SECRETARIAT .
NOTIFICATION
:--..--'-1 '•:' :\'c' Port Blair, dated the· 19th December, 1994. ; : , , ., , • • ,. ,. • •' ,? , ~ I : ; 1 , 0 ! o"
No. 145/94 F. No. 6 9/94--l.eqal-111.-The f"llowing R •gulations oub~shed i'l' the Gazel'le of India, Exti'allrdlnaryf'art-II·Soction 1 No. 61 dated 6th August, 1994 are he•eby repro~ucsd below for lhelnfor- IUiien of General Public.
"lh~. Andaman and Nicobar Islands Town and Counlly Pian~ inti R;lgtilar ions, 1994"
:C .;•· . · · ·. · No. 7 ot 1994. · '
'.
Sd/-
(Abdul Waseem)
Assistant Secretary (Law)
India.
. ,, ........ ,
MINISTRY OFLAW; JUSTICE AN,D COMPANY AFFAIRS (le_gislallve Department)
New Delhi, the 5th August 1994/t4 .. Sravan~~o.1.9.16 (Saka)
THE ANDAMAN AND NICOBAR ISLANDS TOWN AND COUNTRY
PLANNING .REGUlATION, 1994
No.7 OF 1994
Promulgated by the President in the Forty-fifth Year of the Republic of ( I ··' ,;~>ill ~:.•, . \ ' , ~" .
· A Regulation to provide for the development of lh
· · In exercisa·of·the powers conferred by dsuse· (1) ·of article 240 of the Constitution, tha PresideAt is pleased to promulgate the f.-,Jiowing Regulation made by him:-
CHAPTER I
PRELIMII.IARY
1. (1) T~isReguletion may be called the Andama~ a d lllicobu Islands Short Town and C::.untry Planning Regulation, 1994. title,
(2) It extends to the whole of tha Union Territ~ry of thq An 1am n aod extant and Nicobar l
mmenca-
(3) It snail com~ into force o" such dah a• the Ai'l'l•nis·r.•" mw, b~ nCIIifi;:etion in the. Official Ge>z•lte, appo nt. manl •
2. In this Regulation, unless the context otherwise requires, - Definitions.
(a) 'Administration· means the Andaman and Nicobar Administration; -
, .. ,._:..::;,: ... . '· -·- ...... ~. -~ "'-''· ............... . , ..•. ·. '.
1
2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, 1994
Town
Planner.
(b) •Administration' means the Administrator of the Union Territory of the Andaman and Nicobar Islands appointed by the President under 239 of the Constitutioil;
(c) •amenity' includes road, water supply, street lighting, draina!le. sewerage, public works and such other convenience as the Administrator mey, by notification in the Official Ga~ .. tte, specify to be an amenity fOI' the purooses of this Regulation;
(d) 'building' includes any structure, erection or part of a structure or erection which is intended to be used for residential. industrial. commercial or other purposes, whether in actual use or not;
(e) 'building operations' includes rebuilding operations. structural alterations of. or additions to, buildi11gs and other operations normally under- taken in connection with construction of buildings;
(I) 'development' with its grammatical variations and cognate ex- pressions means the carrying out of building, engineering, mining or other operations in. on, over or under land or the making of any material change in building or land and includes re-development;
(g) 'development area' means any area declared to be a development area under sub-section (1) of section 11;
(h) •engineering operations' includes the formation or laying out of means of access to a road or the laying out of means of water supply;
(i) •master plan' means a plan which includes an outline, develop- ment plan, re-development or improvement plan of a development area and zonal development plan, prepared for any development area under this Regulation;
(j) •means of access' includes any means of access, whether private or public, for vehicles or pedestrians. and includes a road; -
(k) •owner' includes the classes of tenants specified in section 141 of the Andamari and.Nicobar Islands Land Revenue & land Reforma Reg ·I Regulaton 1 966; of t9se.
(I) •prescribed' means prescribed by rules made under this Regulation;
(m) •to erect', in relation to any building, includes-
(i) •any material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ; ·
. (iii) the conversion into more than one place for ·human habita- tion of a building oriQiflally constructed as one such place; (lv) the con.version of two or more places of human habitation into a greater nu.,.,ber of such places; · .
(v) such at'tsrations of a builc!ing· as affecf an alteration of Its
drainage or sanitary arrangementst or· materially affect its securitv;
(vi) the addition of any rooms, buildings, houses or other struc- tures to any building; and
(vii) the construction In a wall adjoining any street or land not
belonging to the owner of the wall, of a door opening on to such street or lan~;
(n) •Town Planner' means a person appointed under sub,sectlon
(1) of section 3 to perform the duties of a Town Planner under this Regulation;
(o) "'zone" means any one of the divisions in;Which the area to
whiCh this Regulation applies may be divided for the purposes of development under this Regulation;
(P) the expression "land" shall have the meaning assigned to It in section 3 of the Land Acquisition Act, 1894.
CHAPTER II
OFFICE OF TOWN PLANNER
3. (1) The Administrator, may appoint an officer, not below the rank of a Secretary to the Administration, to be the Town Planner for the purposes of this Regulation and m"y also appoint other persons to assist the Town Planner.
(2) The Administrator may, by general or special order, confer, on any person appointed under sub-section (1), all or. any of the powers of the Town Planner under this Regulation and such person shall exer-- cise such powers subject to the general superintendence, direction and control of the Town Planner.
1of
1894.
2
..
THE' ANDAMAN AND NICOBAF. EXTRAORDINARY GAZEHE DECEMBER 19, :1984 3 -------------------··____. 4. The Administrator "hali piace at the disposal ot t.'"la Town Staff of !he Planner such numoer of officers and employe"s (including experts tor Town technical work) of the Administralion as may be necessary for ·the Planner. efficient performance of his functions and may determine the:r desi£-
natlons and grades."
5. (1) The Administrator shall, as soon as may be, constitute an advisory council for the purpose of advising the Town Planner on the Advisory preparation of the master plan and on such other matters relatlng to Council.
planning of development arising out of, or In connection with the imple- mentation of this Regulation.
(2) The Advisory Council shall consist of the following members, namely:-
(a) The Town Planner, ex-officio, who shall be President;
(b) one representative to r<>presant the Ministry of the Central 6overnmer.t dealing with Agriculture;
(c) one representative to represent the Ministry of the CeRtral Government dealing with Environment and Forests;
(d) one representative to represent the Ministry of the Central Government dealing with Urban Development;
(e) one representative of the Health Departmenl of the Administra- tion;
(f)) one representative of the Port Blair MUnicipal Board;
(g) one representative of the Electricity Department of the "Administra- tioA;
(h) one representative of the Public Works Department of the Adminis- tration;
(i) two persons. with knowledge of town planning or architecture, to be nominated by the Administrator;
(j) one woman member to be nominated by the Administrator. CHAPTER Ill
MASTER-PLAN
6. ( 1) The Town Planner shall. as soon as may be, carry out a civic wrvey of, and prepa•e a master plan for, the development area.
(2) The master plan shall-
(a) define the various Zones into which the development area may be dividad for purposes of d welopm-nt and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying outth~reon of develoomont or otherwise) and the stages by which any such developm•nt shall be earned out; and
(b) serve as a basic pattern of frame-work within which develop- ment plans for various zone• ·may bs·prepared.
(3) The master plan may provide for any other matter which is necessary· for the general development of the U~ion territory of the Andamal'l and .Nicoliar Islands.
7. (1) Before preparing any master plan finally and submitting it to the Administrator tor aoproval, the Town Planner shall prepare a plan in draft and publish it by making a copy t'ere1f available for inspection end publishing a notice in such form and man·•er as mav be prescribed inviting objections and supgestions from any person with respect to the draft m·aster plan before such date as may be soecified in the nolice.
(2) The Town Planner shall also ~iva reasonable opPOrtunity to every local a• thority within the local limits of jurisdiction any land toucher;! by the master plan is situated, to make any representation or suggestion with respect to the plan.
(3) After considering a'l objections, suggestions and representation• that may have been received by the Town Planner. he shall finally prepare the master plan and submit i• to the "'dministrator for approvol.
8. ( 1) Every master olan shall. as soon as may be. after its preparation. he submitteo by the Town Plan er to t"e Administrator lor aoproval and Adminis- trator may either approve the master alan with or without modifications as he may cons,der neccessary or reject the master plan with directions to · the Town Planner to prepare a fresh master plan according to such directions.
(2) Immediately after the master plan has been aoproved by him. the Administrator shall cause to be published in such manner as mav be prescribed a notice stating that the mast'r plan has been approved and naming a place where a copy of the master plan may be inspected at all reasonable hours and upon the date of first publication of the aforesaid notice the master plan shall come into operation.
. -·~-··-··-. Civic · · .. , survey ·· ''"''. :
and
master plan.
Procedure to
be follow-
ed in
preparation
and
approval
of master
plan.
Submis-
sion of
master plan
and its date
of opere-
lion.
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& ···THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, · 18M ·-······-
Miidiiica-
lions to·' '-'
master plan.
Uaeof
land and
building in
contreven"
Uon of
IIIIISr.r
plan.
Develop-
...... of
l1ad.
Application for permis-
sion.
9. (1) The ·Administrator may make any modification to a master plan tieing modifications Which, in his opinion, do not effect importanl alterations ir\ the cha~acter ofthe plan an::l which do not relate to the extent of land-uses or the standards ot population density. ·
(~ The Central Government may. in the interests of the security of the State or of the general public, make any mc,difications to the master plan whether such modifications are ot tr•e nature-specified In aub-aectlon (·1) or otherwise. .
(3) Before making any rnod·fication to a master plan under sub-section (1), the Administrator shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions with respect to the proposed mod•fications· before such date, not being less than fortyfive days from the dete on which the notice is made available to the public, as may be specified in the notice and shall consider all objections and suggestions that may be received by him.
(4) Every modification made under the provisions of sub-section (1) or sub-section (2) shall be published in such manner as mav be prescribed and the modifications shall come into operation on the date specofied in the notification.
· · (5) When the Administrator makes any modifications to a master plan· under sub-section (1), he shall report to the Cen1ral Government the full parti- culars of such modifications within thirty days of the date on which sucll modifications come into operation.
. ,,
CHAPTER lV Development Of Lands
.. ,... . .
10. Notwithstanding anything contai119d in any other law for ·the· 'time being·in force and subject to the provi&iOI)S of section 9, no person shall, afler the earning into operation of the master plan under sub-s•ction (2) Of section 8 use or permit to be used any land or buHding in the development area other- wise than in conformity with such master plan :
Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed, arly'llind ·o; building for the purpose and to the extent for which it is baing used on the date on which such master plan comes into operation.
1.1. (1). As SOOI) as may .be after the: commencement ef this Reg!Jlation, the Administrali(ilj_ m.ay, by n:.~!lice~ib,n iidhe Officilil'Gazette, declare anv area in the Union terrotory ol tli<.i Andaman and N'icobar (stands to be a develop-· mont area for the purposes of this Regulation:
··;1T< .1~H. ·-,':;::)•, :," '!· ;;::!~i;.~,l fl'i ~~ '1:. '" '·'I ! :-i !l.)i • Ptbviaed't!Ja1 ria'Suc:iHfei:laration sliall·be ll'lade:·unli!lSS' a'"ProtillSal for suC'Ifaiiclaratioli'has'lliten'teferred to· the 101::!1' aUrh>:l'ritywithin 'thll~1imrts of wlilcll'tllii'arell is1acatelt'for'lt\fvii!Wll aillfsuch views, if any, received within lhirty davs of such reference are• considered:,,,, · ,:, " ·" · ·'·'"·' " · ,, ' ·"(2) ·After the commencement of this regulation, no de)IBI,opme• t of la~d· shall be undertaken or carried outcin ·any ·development area .. by- 'any· ·person or b(Jdy (including a Depar•.ment of Governme.nt or the. Administratior·) unless. permission ror sucli develilpii\'ilrit 'hils '6eerf olitainea iti' writing from , he Town Planner in accordance with the· provisions of this Regulation. .,• .... {~) Aller th~ coming Into operation of the master plan, no developmen shidl lie 'undeftak:en'or Cllrtieo out in th~· development area unless such deve· lopment .is in acc.ordance with such plan. · ·
· (4) Notwithst<~nding anythi'UJ contained in su.,.:sections (2) and '(3} development. of' any land begun by lfhy department of Gov• rnment or ' Admi- nistration or any local authoritv before ttn• commencement of this ReQulatio'l may be completed by that department or local authority ..,.ithout compliance- with the requirements ofcthose·sub-sectoons. . . . ,, , "'··· ..
12. (1) Eve;y person ar body (including· a ·department'· of Goliernrnel'it or the Administration) desiring to obtain the permission referred tO 'In sub-sec.:; tion (2) of·section 11 shall 'make· an aPplicatio'l in writing t"t the· Town· Planner in such from arid containing·such partieula s i'l respect of the developmenl to which the application relates as may be prescribed.
(2) Every application under sub-section (1) shall be accompanied by such fee .as may be prescribed: ..
Provided that no such fee shall be necessary in the case of an application made by a department of the Governm.,nt or of the Administration.
(3) On the receipt of an application tor permission under sub-sectbn (1). the Town Planner shall issue an .acknowledgeme~t of receipt of such appl cation and after making such inquiry as he considers necessary shall, ·.by· order in writing, either grant the permis>ion. subject to such conc;lit ons, if any,. as may be specifoed in the order or refuse to grant such permission :
4
•
•
•
I
Provedea that before making an order refusing such permission, the app i- cant shall be given a resonable opportunity to show cause why the permission should not be refused.
(4) Wher. a permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner >·rescrib- ed. ·
(5) If the Town Planroer do•s nnt communicate his order to 1 e applic•nt whithin six months from the date of acknowledgement of receipt of •he app·i-
. cation under sub section (1), such permission shall be deemed to have been granted to the applicant on the expiry of the said period of six months.
(6) The Town Planner s~ all keep in. such form as may be prescribed a register of applications for permission under this section.
(7) The said register shall contain such particulars including information as to the manner in which applications .for permi>sion have been deelt with as may be prescribed and shall be ava
,8) Where permission is refused under this section the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission.
. 13. Every permission for any dev6lopment granted und•r this Regulation Lap~ .of par- shall remain in force for three years hem the date of such permission: mtss~~~: .. '.,,·.;,.~ Provided that the Town Planner may. on application made in' this behalf before the expiry !>f the aforesaid period •. extend such period •. for such time as he . ,may think proper so however that the total period does not exceed ' srx years: ·
·, Provided further that such lapse shall not bar any subsequent application. for.,fresh permission under this Regulation. ·
· 14. Land needed for implementing a master plan notified shall be dee· Land.forimple- .. d f P bl' . . mentiRg mas-me~ to be land neeoe . or a u oc purpose. · ter plan to be
CHAPTER V
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
deemed to be
for a public
.Purpose.
15. The Town Planner may authoris" any person in writirg to enter into Powers of or upon any land or building within a development area with or without aS&is- entry. tents or workmen for the purpose of- ·
(a) making any enquiry. inspection, measurement or survey or taking · levels of such land or building;
(b) examining works under construction and ascertaining the course of aewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels. boundaries and lines by placing marks and GUtting trenches;
(f) ascertaining whether any land is being or has been' developed in contravention of the master plan or without the permission referred •o in ~tion 11 or in contravention of any condition subject to which such permission has been granted; or
(g) doing any:other thing necessary for the efficient administration of this Regulation:
Provided th2t-
(i) no such entry shall be made except betwee~ the hours of sunrise and· suns• t and without giving reasonable · orice to the occupier, or if there be no occupier. to the owner of the land or buildiog;
(ii) sufficient opportunity shall in every inotance be given te> enable women if any to withdraw from s'JC'> land or building;
(iii) due regard shall always be had, so far as may be compatibl .. with the exigencies of lhe purpoH for which the entry is. made, to the social and religious usages of the occupants of the land or building entered.
16. (1) Any person who uses any land or building in contravention of Pen it"
the provisions cf section 10 or in contravention of any terms and conditions a •es. prescribed under the proviso to that section shall be punishable with fine which may extMd to five thousand rupees and in the case of a continuing' offence. w!th further fine .which may extend to two hundred and fifty rupees ior everyday during "''hkh such offence continues after conviction for the first cOmmission of the offence.
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5
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6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, D!:C. 19, 1994 OKler ot 'dl?
molitionof
building.
(2) Any person who whether at his own in~tarlce or at the instance of any other person or anybody (including a department of Government or the Administration) undertakes or carries out development of any land in contra- ver.ticr. of the master plan or without the peimission re~aried to in sub-section
(2) of section 11 or in contravention of any condition subject to which such per;nission has been granted, shall ba punishable,-
( a) with rigorous imprisonment which rriay extend to three years, if such development relates to utilising, sCllling or otherwise dealing with any land with a view to the setting up of a colony within a development area.
(b) with simple imprisonment which may extend to six lhontfis or with fine which may extend to five thousand ·rupees, or with both, in• any case other than that referred to in clause (a).
(3) Any person who obstructs· the iintty of a person authorised under section 15 to enter into or upon any land or building, or ineilests such person after such entry shall be punishable with imprisonment for a term whi~h may extend to six months, or with fine "Which may extend to one thousand rupees, or with both.
17. ( 1) Wher.e any iievelopinent has been commenced·, or l!i bei!IJJ carried on or has been compfeted i"n contravention · of the master "tllitn' · ot"
without th$ pe~missj
fened to .in s_ub-sect!qn (2) ar SI1C~ion .11 or.in con- tl!llyention pf any c~;~nditions sul>ject to. which such perri'li5sioii . hils ~eel) srant"p, ,tlia orriwn, planner may ·in ·addition ~o 'anv: .pio·sec'iition · l'lllW may be i"nstltuted under this Regulatloii, make an . oiiler clirecti'n!'J'' "tliaf'iit.ci'i• d.e!~El(!>Prn"l)t .sllaU be ,removed by demolition fillin!J. .. Ot ()th!'rwise. bv: the owne'i the"reof or bY 'tfie person af wi\'Osl11nstance·1fte cfeVellf(irnent : has befili com-
. menced or is being carried out or has- ll'E!iin·eompfeted~·wrthm soch periOd' fl'lcW ::being less than five days and more· than· f.iofteen days from ~he date on INhich a ':copy of the order of removal, with a brief ·stat!lment af the reasons therefor,
. : has been delivered to the owner or that failure to comply with the order," the ~Town Planner may remove or cause to be removed the development and the :':expenses of such removal shall be recovered from the owner or the person at · 'whose instance the development was commenced or was being carried out or was completed as arrears of land revel"iua:
Provided that no such order shall be made unless the owner or the person concerned has, ,been; given a reasoAable· opportunity to show cause why the order should not be made.
•·. . .. (l} Jhe provisiqns ~f th~ \19Ctiori shall ·be. in adaitiOn to, and hot in derogation of' any other provision relating to d'a'molition of buildings contained . jn any other law for the time baing in force.
!':,w-;a:,lo . 18, (;) Where any development !n a.nv area has b_ea·~ commenced !ri cone me~t P- travent1on o~ the master· plan' or Without· the·· perm1ss1on referred to m sub-
. section (2) of section 11 or in contravention of any conditions subject to which such permission has been granted, the Town Planner may, in addition to arw pro- secution that may be instituted under this. Re!julation •. rna~ an order requiring the development to be discontin·ued on and from the date of the service of the order, and 'sUch order shall' be" complied witli' accord!'ngly. (·2), Where such de1l'elopment is not discoutinued in pursuance of the order· under sub•section· (-1), tlie Town Planner may in writing require .any. police officer to• remove the person by whom the development has been commenced and all his assistants and workmen from the place of development · or to seize any construction material, tool, machinery, scaffolding" or other tliings used' in such development within such time as may be specified in ttJe .. requisition and such police officer shall comply with the requisition accordingly:
(3) Any of the things caused to be seized by the Town Planner under sub-section (2)' sliall! unless the owner thereof turns up to take back such· things and pays to the Town Planner the charges for the' removal or storage of such things, be disposed· of by him by public auction or any other manner and within such as time as he thinks fit.
( 4) The charges for the removal and storage of the things sold under sub-section (3). shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made-therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the Consolidated Fund of India.
(5) After the req~,risition under sub-section (2) has been complied with the Town Planner may depute by a written order a p~ice officer· or an: !lffic;e· or employee of the Administration to watch the place in order to ensure thattlier d&velopment is not continued.
•
6
•
......
THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE; DECEMBER 19, 1994 'IJ (cj Any parson faiiing to comply with an order under sub-section ('i) shall be punishable with fine which may extend to two hundred rupees for elie,Y day during which the non-compliance continues after the service of the order.
(7) No compensation shall be · claimable . by any person for any damage which he may sustain in consequ~nce cf t:,., removal of any development under section 17 or the discontinuance of the development under this section.
(8) The provisions of this section shall be in addition io, and not in deroga- tion of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.
19. (1) Any person aggri~ved by an order of the Town Planner mad.e Appeals. under this Regulation, may prefer an appeal to the Administrator within thirty days from the date of the order appealed against : ·
Provided that the Administrator may, entertain an ilppeill alter the expiry of the saia period of thirty days if he is satisfied that there was sufficient cause for not filling it within that period,
(2) An appeal under sub-section (t) sha-n be made in' such .form-and shall be accompanied by a cbpy of the order appealed against and by auch fee aa mliy be prescribe(f.
· (3) The Admlnistriltor may; after ·giVirlg the partiet: ta the •appeal arr oppor- tunity of belng heatd. · paS$ such orders thereon as til! thinks· fit, confirming, modifying or annulling the order appealed against.
( 4) The Administrator shall send 11 copy ofevery order passed by him to 1hepa;iles to tho! al)~eil'l. .
· ·20;· { 1 )• Any offence· n\ade iMI'ishable by ·or ·Under his Regulation may. Composition eithl! t biffore or after the inlititUtiOi'l Of proceedings~· be compounl:led by · the of offences. Administrator.
{2)·Where an offlhlt:e> hall· been cOm}!>Ounded; the offender,· .if. in cu~y, shall be discharged and no further p'roi:ee-ditigs· sl\all be titltlllf agllinst· him in respect of the offence compounded.
· 21. (tJ If the· Town• Pi!mner, after h61ding·a·.tocal enquiry or upon report Default frotn a·nyof its'· officers or otliar information' in' his posseSSion;·is·satisfied that powers of any amenity in relatian to• any hind in a devetopl)'lent area· has' not beeri' provided the Town in relation to that land which in his opinion is to be provided, or that any Planner. dei7Btopl'nen't of'the land f6h1Vh!ch permisston has• been• obtained under .this Regulafi·on' h'as-not··been carried aot within· the specified •time; he·may, alter affording a reasonable opportunity to show cause, serve UP'" the owner•of.the land or upon the person providing or responsible for providing the amenity a notice requiring him·ro prO\/ide the amenity· or carry out the··development..within such time as inaybe·specified•in·the notice. ·
'•
(2) If any amenit{ is not provided or any such · development is not' carried out within the time specified in the notice, then the Town Planner may himself provide the amenity or carry ouUhe· development or· have it pfuilmed or carried• out throUgh such agency as he may deem· fit Provided that before taking any action under this sub-section, the Town Plltnner shall afford reasonable· epportuliity to the owner of the land or to· the person responsible for providing the amenity to show cause as to why such action should not be taken.
(3) All expenses incurred· by the Town Planner or the agency employed by him in providing the amenity or carrying out the developments together with siinple interest ·at such rate nor exceeding fifteen per cent per annum as the Administrator may by order fix from· the date when a demand for the expanses is made until payment may be recovered by the Town Planner from the owner or· the person responsible for providing the amenity as arrears of land revenue.
22. Any money due to the Town Planner including interest on account of fees, or charges, or from the disposal of properties movable or immovable, may, if the recovery thereof is not expressly provided for in any other provision of this Regulation be recovered by the Town P;anner as arrears of land revenue.
23. ( 1) All notices, orders and other documents required by this Regula- tion or any rule made thereunder to be sarved upon any person shall, save as otherwise provided in this Regulation or such rule. be deemed to be duly served-
(a) where the parson to be served is a company, if the document is addre· ssed to the Secretary of the company at its registered office or at its principal office or place of business and is either- Mode of
recovery
of money
due to
Town
Planner.
Servleeot
notices,
etc. .• ···'· - - ........ ... ... _j.,, ......
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8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE. DECEMBER 19, 1994 -·---- (i) sent by registered post, or :·i
(ii) delivered at the registered office or at the principal office or place of business of the company ;
(b) where the person to be served is a partnership firm, if the document is addressed to the firm al.its principal place of business, identifying i1 by the aame or style under which its business is carried on, and is either- ( I) sent by registered post, or
(ii) delivered at the said place of business ;
(c) where the person to be served is a public body, corporation society or other body, if the document is addressed to the secretary, treasurer or other officer incharge of that body, corporation or society at its principal office, and is either-
(i) sent by registered post, or
(ii) delivered at that office ;
(d) in any othsr case, if the document is addressed to served and-
(i) is given or tendered to him, or the person to be'·
.,
(li) if such person cannot be found, is affixed on some conspicuous ; part of his last known place of residence or business, cr is given or tendered to some adult member of his family or is affixed on. some conspicuous part of the land or building to which it relates, or
(iii) is sent by registered post to that person. I' , ' :.
(2) Any docume.1t which is required or au:t.horlsed tO. be ser.ved· on~.·l the ownsr or occupier ot any land or building may be. addressed "the noif · · · .. ' o.wner•~ or "the occupleru, as .the.case may be, of:- that land or bu.Jidlng · :·:~'··"''' .. (narning that land.or building) ·.vithout any further name ·or descriptlol'l.·· and shall be deemed to be duly served-·
(a)· if the document sc addressed is sent or deliver84. in acc~rdance- wlth clause (d) of sub-section (1); or.
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land .or building or, where there is no person on the land or building to whom it can be delivered, is· affixed to some conspicl.'ous part of 1he land or building.
(S) Wl\ere a document Is served on a partnership firm In secor- dane with this section the document shall be deemaEI1to be served·on eacn· partner.
(4)" For the purpose of enabling any document to be served· on the owner of any property, the Town Planner may by notice In writing.· require the occupier, if any, of the property to state the name and address of the ower thereof.
(5) Where the psrson on whom a document is to be served Is a, minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A servant is net a merr>ber of the family within the meaniog of- this section.
Public nollce .
how to be 24. Every public notice given under this Regulation shall be in writing made knOWR. over the signature of the Town Planner "nd shall be widely made known i"
Notices. ale.
1e fix reaso-
nable time.
the locality to be affected thereby by affoxing copies thereof in conspicu-· · ous public places within the said locality or by advertisement in local newspapers or by any other means as the Town Planner may think fit.
25. Where any notice, order or other document issued or made under· this Regulation or any rule made thereunder requires anything to be done for the coing of which no·time is fixed in this Regulation or the rule, the notice, order or other document shall specify a reasonable tiine for doing the same.
Authentica-
tion of orders 26_ All permissions, orders, decisions, not!ces and other documents. and docu- of the Town Planner shall be authenticated by his signature or any other ments. officer authorised by him in this behalf.
Jurisdicaioa
of eou,.s.
27. No court inferior t J that of a -.Judicial Magistrate of the cia;". shall try an cffence punishable under this Regulation. first·
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' ' 'tHE ANDAMAN AND NICOBAR EXTRAORDINARY. GAZETTE, DECEMBER 19, 1994 r· 9 -----------·~ ------'----~------
28. No proeeculion for any offence punishable u11der this Regulation Sanction of shall be in>litut~d except with the previous sanction of lhe Administrator or prosecution. any officer authorised by him In this b~half.
2 of 29. Nolwithstandlng a'ythl:lg c::m~alne:lln sactioA 29 of th'3 COde of Magistrate's 1974. Criminal..!'rocedure. 1973. it shall be lawtul for any court of the Judicial power to im- Maglstrale of >h!l firSt class to pass any sentence authorised by·this Regulation pose anhanc- ln excess of ih pow•rs under th., said section. ed penalties.
30. No ~uit. or""ecution or olher legal proceeding shalf lie against any Protection of person for anything wnich is in good faith dona or Intended 1• be dana under act•on taken in this Regulation 01 any rule made thereunder. good faith.
31. Th9 Administralor may, by notiflo•tion in !he Official Gazette, Delegation of delegate to any offic.r'1'• authority subordinate to him any· of the powers powers. conferred on him or any officer subordinate to him bv t
le, subje~t to such restriclions ; and conditions as may ba specified in the nosilication.
32 (1) No suh .~hell be instituted against the AdminlsSrator or the Notice to be Town Plann.er. or any of the ~flicers or other . employees or any parson acting given of suits. under the directions Cif the Administrator or the Town Planner In respect of any act done or purporting to have been dona In pursuance of this Regulation or any rule made thereunder until the expiration of two months after notice In Writing ha$ been delivered to, or left at the office or place of abode of tha parson ta be sued and unless such notice state• explicitly the cause of
. actilln, the nature of relief •ougllt, the amount of comoansation claimed and t.he name and place Of residence of the intending plaintiff and unless. the
. plaint contains a statellll!lnt that such notice lias been sa lafl or delivered. i '
•' ' ' i .. . (2) No suit sucll as is described in sub-section (1) shall unless 11· iS' a · .. ,,· suit for recovery of immov•bie property or for a declaration of title thereto, ·.be· Instituted aflar.tha expiry of six months from the dale en which the cause :·.ofaction elise~;. · ·
I)
. (3) Nothing contafned in sub-section (1) shall, be deemed to apply to
• suit in which the only retief claimed Is an injunclion ·of which the oojact would l:!e defeated by the giving of the notice or the peslponemanl of the Institution of the suit.
. ' .. 33. Nolhing in this Ragulallon shall aoply e.-
(a) .lheca"ylng out of works far the maintenance, improvement or .,,her· aliariltion of any building. b9ing works which affect only the Interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority Of by any department el Governmer. t of eny works for the purpose of lnspectl11g, f!lpairlng or renewing any drains, sewers mains, pipes, cables or other apparatue including the breaking open of any street or other 'land for that purpose;
(c) the erection of a building. n•t baing a dwelling house, if such building is requirad for· tha purposes subservient to agriculture;
(d) the erection of a place of warship or a tomb or cenotaph or a wall enclosing a graveyard, olaca of worship, cenotaph or samadhi on land wllieh at the commancemant of this Regulation is occupiecl by or for the purp- of such worship. tomb. cenotaph, grav!lyard or samadhi;
(a) the excavations (including walls) made in the ordinary course of agriculture operations; and ,
(f) the construction of unmetallad road intended to give access to land solely for agricultural purposes.
Saviags •
34. (1) The Administrator.may, by notification in the Official Gazene, make rules to carry out the provisions of this Regulation. Power to make rules.
(2) In particular. and without Prejudice to the generality of the fore- going power. such rules may provide for all er any of the following matters, namely:-
( a) the form and manner of Inviting objections and suggestions
on draft m..ter plen under aub-eeation (1) of ..ation 7:
(b) the manner of publication of notice under sub-section· (2) ot section 8;
(c) the form and mannar of iiiViting objections and suggestions on modiflcatoon of master plan under sub,section (3) of tleeliOJ).9;; ; : '
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I
10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZffiE. DECEMBER 19, 1984 Laying of
·rules before
Parliament.
(d) the manner of publication of moc!lficallons of master plan uadar ouH&ction (4) of ..ction 9;
(e) the terms and conditions ui>t;n which Iancia or buildlnp may be used under cection 10;
(f) the form and contenta ef application ander aub-section (1) of section 12;
(g) the fee payable under sub-section (2) of section 12;
(h) the manner <>f communication of rsfusal to >oranl permiaion under sub-section (4) of section 12;
(i) the form in which register e.t eppliliiltioil for permission shall be maintained und• sub-section (6) Of section 12;
(j) the manner In which applicaliilll for P8rr!II$SioD . Is kl . be deell with and the perticillara 10 be centairi8i:l In, lind the iBe j:iayable for inspection. of the register under sub·$11Clion (7) of section 12;
(k) the forin In which arid the fiie pa\flibl~ iii rilspGCI Of IPPfilll ender sub-section (2) of sactien ;s; . .
(I). any other maHer whioli is required. to be. Oi lllily be prescribed.
ss. Every rule made ilndei this Regulation Slillll be liid, as nen • lfl8r it Is made. before each House af Perlilimeilt while h w In . silssiilli. foi a total peilod of thirty days which may be comprised · In one s..Sion ot 1111 two or l'f\Ore successive sessions, and if, before Ilia expiry of lhe ~ion lmmedia- laly foOawing the session or the auccliSiive si!SSioila . ilforeilaid, . both Hqusas agres In m~king any madification in thil rule. or bOtli Hillisas agree that lila rule should !!Ot be made, I he rule shall, tbareenef. havtt effect only 1.11 6iich modified form ar be of no effect as lhe oase may be; eo. hoWever, thll any such modification. or .annulment shall ba without prejudice 10 the validity of 8ilylhing previously done under lhlit iule.
•
SHANKER DAYAL SHARMA.
l'realdani.
K. L MOHANPURIA.
Sicy. to Ute Giovt. ef India •
10