Andaman and Nicobar Islands act 005 of 1994 : The Andaman and Nicobar Islands Municipal Regulation 1994

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;-' ' .. ANDAMAN AND NICQ-BAR GAZETTE arn-r'll (01

EXTRAORDINARY

snftI~ ~ SAil'fQ Published By Authority

4. IS2, q)f lisq~, ~rnl, s fi:~, 1994 No. 162, Port Blair. Thursday. December S, 1994 --------------------~----------,---------

ANDAMAN AND NICOBAR ADMINISTRATION

SECRETARIAT

NOTIFICATtON Port Blair. iated the 8th December. 1994. No. 139/94/F .No.6-9-/94-Leqal-III.-'The following R~lation published in the Gazette i)f India, Extraordinary Part-II Section I. No. 4~ dated 23rd. May, 1994 is hereby re-produced below for the Information of General Public.

(l) The Andaman and Ni(:obar Ielande(Municipal) Requlatiuon - 1994. 00/-

(Abdul waseem)

Assistant Secretary(La'W).

MINISTRY.OF LAW. JUSTICE AND COMPANY AffAIRS

(Legislative Department)

New Delhi, tr.e dated 23rd May, 1994/Jyaistha

2. ,1916/(Saka) THe ANDAMAN MtD NICOBAR ISLANDS (MUNICIPAl) ~EGULATION. 1994

No. 5 of 1994

Promulgated by the President in the Forty-fifth Year of the Republic of Ind~,a

A Regulation to provide for the 'constitution of Municipal iti.36 in the Andaman And Nicobar Islands and to ,lefine and regulate their power and functions .md to repeal the Andaman and N~obar IBland~~ (Administration) Regu 1 atioo .

1979.

In exercise of the powers conferred by article 240 of the Constitution. the President is pleased to promulgate the following Regulation made by him:-

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2. 'nm ANDAKAN AND NICOBAR 'EXTRAoJTNARY GAZEITE reo ~rt ~ .,.".

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=N~41

e 1. (1) 111is ,Regulation be called., the

A,ndaroo.ns & NicODar Is ds (MuniciPl,'ll)

Regulation, 1,994. i

(2) It extends to thp whole of the territory of the Andaman and N~cobar Islands .

• , (3) It shan c~ into ~I ~ ce at once. Definitions. 2. In this R~lation. ess there is something repugnant in the sub ct or context- ~

( 1 ) "Administrator" ~~ the' Lieutena)lt Governor of the Andaman· an' i Nicobar Islands appointed by the President un. r article 239 of the constitut ion; ~ . .

8, 19?4

Short title, extent and Cc:mmence- w:

ment.

(2) "building" means a ~OUBe, hut sbed or other roofed structure, for w~~tsoaver purpose, and of whatsoever material ccnetructed , and every part thereof, and includes a waill and a w~ll. but does not include a tent or.ot~r auch portable and merely temporary shalta~i end "part of building" includes any wall, ~er-qround room or passage, verandah, fixed ·iplatform. plinth staircase, or door-steps attaQhed to, or with:in the compound. of. an exist~g bui lding or constructed on ground which iSf''tO be. the site or canpound of a projected. buildi g:

(3) "bye-law" means a . a-law made at' a special meeting of a municipal~ty in exercise of a power conferred by'this Regu~~tion;

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(4) "casual vacancy"! tm,eans a vacancy occuring otherwise than by f3'[ux of time in the office of a member of the M . 'icipality or any other elective oftice dOd cae '~l election means an election he Id to fill a caStral vacancy;

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(5) "Deouty CanmiBBioner'F. meene the Deputy CaDmissloner of the Andamon arld Nicollar Islands and . includes any other offi:cer specifically appointed by the AdIDinistrator~o Perfoim-all or any of the runct.fona of the ~puty, CaDmissioner under this Regulation in I relation to a Municipal i ty: ~

" (6) IO'1iatrict" means ~the district, , Andaman end N tcober Islands; of

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THE AHDAMAN AND NlCOBAR EXTRAOODINARY GAZETIE, DEC. 8, 1994 3 - ~ .

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(7) "District Judge" MeHle, the District Judge of the Andaman and Nicobar Islands:

(8) "drain" includes a sewer. pipe, ditch .• channel or any otber device for cerr mc otf sullaqe, sewage. polluted WGter, rain water or eub-eoi 1 water t.oqether with pai I-depots. ,traps • sinks, cisterns. fhlBh •.... tan)W and other fittings appertaining th~reto;

(9) "Eloction c:a.iseion"

Election. Coanssion of the Union ref erred to i n ~Ject ion 32; meana the

territory

(lU) "Bl ect ton ec.miesioner" means the ElectlOn Commi~3Sioner of the Union territory referred to in !~ction 32;

(11) "exorcatve" has the meaning given to . 4 of in clause (1) of section. 4 of the EKploeives Act. 1884 .

. 1884:

(12) "f~otory" means a factory OB defined. in the Factories Act. 1948;

(13) "tJfth" includee sewage, dung. dirt. swil L putrid and putertying substances and all offensive matter:

(14) "Government" means the GoveI1)]Dent of Union territolY of the Andaman and Nicobar Islands:

(15) ".Joint CoaBi ttee'l means a 'Joint ca..nitt~e cone'c i tuted under section 19;

(16) "i'nfectious or contaqiOUB diseaee"

includes cholera, leprosy enteric fever, emall pox, tuberculo9is, diphtheria, plaque, influanza and any other epidemic, endemic or infectious disease which the Administrator may, by notificaqon, declare to be an infectious or contagious djsea8e for the purposes of this Regulation;

(17) , inhabitant" in relation to a municipal ~'ea means any perso~ ordinarily residinq or carring on business, or owing or occupying immovable property herein. and, in case of any disput", mean" any pereon declared by the Deputy Ccmmisllioner to be an inhabitant;,

(18) "land" includee land. 'Which "is being build upon or is build upon or covered with water benefits to lTrive out of land, things attached \.

63 of

1948.

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THE ANDAMAN ~ NlCOBAR EXTRAORDINARY GAZBTi~. DEC. 6. 1994 ----------- ~ --------

to the earth, or permanently· fa.oo.cent \0 anything attached to the earth and drfvee. cr~ted by law or any street; i.

(19) "layout" means a layout fpraed by. an individual or body of person~. whether incorporated or not; :.

(20) "Licenced plum.ber" •.. · "licenced surveyor" , " 1 i cenced archi tect" .' " li cenced. engineer" and "l Ioenoed struct~a:l designer"

respectively means a person. lice_eced by the Municipality as pl\.lIDl>er surveyor J.''' architect, engineer or structural designer f: under this Regulation; r .

(21) "lodging house" includes)' a collection of buildings or a building or part {of a building used for the accc~ation of travellers;

(24) "znajo).' road" means any ISUrfaced. that is to say metalled and motoraDle . public street not'constructed tJy or on behalf of a municipality out of the munic.ipal fund, which ~y be declared by the Administrator to he mainttiinable by the Andaman Pub 1 Ic Works Department; ;

(23) "market" includes ahy place where pereons dBSeIIlble:. ror the ~le of, or for the purpose of exposing for sale, Ih;estock. food for Ii ve-stock , mee t • fish, f rui t , vegetal> 1 ee , flowers. anilWls intended for h'lman food or any other articles of human food whatsoever. with or without the consent of the oWner of such places, notwithstcmding that there may be no .ccemon r~gulation of the ccnocuree of buyers and sellers and whether or not any control ~s exercised over the business of or the persona' frequenting the market by the owner ot the pla~e. or any other person;

( 24) "member"

Municipality;

means fa member of

(25) "municipal eree", means any area declared under section 3 to be· a municipal area;

(26) "notification" ~\nB a notification published in the Official Gamtte:. ,'. y

(27) 'nuieence" includes any ect , ani88i~n, place or ·thing, which causes or is likely to cause injury, danger. ennoyence , or offence to the sense: of sight. ameU or hearing or disturbancH to rest or sleep or which is to may be dangerous to life or in j"'irious to heal th or property; ~

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• :/ 80 of

1934.

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;. . THE AHDAMAH AND NICOBAR EXl'RAaWlNARY GAZETIE, DB::. 8, 1994 5 ------. --------------------

(28) "occupier" incluclee an owner in actual QCmwati~ of hie own land or ~1ld~nq and GnY P$T9OIl for the time .being paying or liable to pay to the owner .)t any land or building the rent qr any portion of tbe rent payable in respect thereof; and in Chapter VII includ. a hotel keeper. a lodging houee and any owner wbcee premises are let to aore than one tenant;

(29) "·)ffensice matter" includes aniJlllls carcasses, dung, dirt, and putrid or putrefying subBtancee other than Nwage:

(30) "officer" in relation to a Municipality means a person holding an office created or continued by or under this Regulation. but does not include a member as such:

(31) ")fficial Gazette" means the Andaman and Nicobar 151ands Gazette;

(32) "=-wIler" includes the persoo for the tiJlle beinq holding the 1 icence. permit or grant under the fmdaman and .Nicobar Islands(Land Tenure) Regulation. 1926 in respect of any land also the person for the tiM being receiving the rent of any 1 and or building. whether on his own account or as agent or trustee for any pereoo or society or for any religious charitable purpose or who WOUld eo receive the !Jime if the land or bUllding were let to a tenant;

(33) "petroreua''. meane petroleum as defined in clause (a) of section 2 of the petroleua Act, 1934;

(34) "population" means the population as ascertained at the last preceding ceneus of which the relevant figures have been publiehed;

(35) "praliBl!le8" includes 1D888Uag'e8, bUlldlnqa and lands to any tenure whether open or enclosed. whether built upon or not and whether public or privateJ

(36) "prescribed" means prescribed by rules made under tl·is Regulation; .

(37) "~'rivate street" means any street road square court alley, paseage or riding path, which is not a public street but does not include a path way madE-! .by the owner ot the premises OIl hie - own land to secure access to C1r the convenient tlfJe of such premises;

ii THE ANDAMAN AND NI~ EXTRAORDINAlriiGAZEITE. DOC. 8. 1994 Offi~r" means the . t~;~ Munic~p\\l~ty

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'" ( 39 ) "ul 1 '1 Ilj P u rc P ace" means ~ prece in Go"

mWlicipo.l ared not being private ~~Y. which i5 open to the use or enjoyment of ;ithe, publ ic;

(40) "pub) ic street" means ailY street in a municipal arM 'W'hich - !

( i ) has • wi th the consent ~ express or implied.ot the ~ner of the eite ~ thereof. been levelled. paved, metalled. ,channelled. sewered or repaired out of mWlicipal or other~,publ ic funds. or '

(38) "Public .Health Public Health Officer of appointed under section 24:

(ii) under t.he provisions of this Regulation DeCCQleS, or is declare<1 by the Mlflicipality to be, a public stJeet; ,

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(41) "rateable value" means~the value of ony building or land fixed in accOrdance with the provisions of this Requlation andlthe rules for the purpose of e\SSessment to property tax; ~ (42) "rubrueh" mctudes dust:; eehea, !?roken bricks, IOOrtar, broken glaaa. gar~en or stable"

refuse and refuse of any kind f which is not offensive ~ttel' or sewage; , ~

(43) "ruro" means a rule ma~e in of a power conr err-ed by this Regulation; {

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(44) "aervent " in ' reli!\tion Municipal i ty mt·1dIlB any person inc the service of the Hunicipality; I

' v exercise to a

pay and

(45) "soHage" means night 59i1 and other contents of li'ltrines, urinals.: casspools or 'drains and polluted water from sinKs. bathroans. stables. catt.Iesheda and other li~e places and includes trade effluents and ~achargea fram manufactories or all kinds; :

(46) "seHer"· means a cloe&.;i conduit for carring of se\lage, offensive ma.tter. polluted water. waste wal:er or sub-soi 1 wat~r;

(47) "street" means any ;road, br~dge."

foot-way lane. square alley or; ~age 10 a municipal area along which the public or any

. portion of tho publ ic has a righ_t to pass and includes. the w~ains. gutters on e,ither aide. and the land up to the defined bou~dary of any abutting proper~YI notwithstanding the projection over such 1 and of any verandah or other superstructure;

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· . ras ANDAMAN AND NIC'OBAR EXTRAORDINARY GAZlrri'E. DB::. 8, 1994 7 --,------- ---------_.

Declara-

tion of

municipal

areas,

(48) "street a liqnJlll8nt " IIMnI!J a line dividing the land comprised and forminq part of a street from ond adjoining land;

(49) "eub-cce.ittee" JDeane a eub--callaittee established under section 16;

(50) "tax" includes rate, tee or cess levied or imposed by a Municipality under any of the provisions of this Regulation;

(51) "trade effluent" means any liquid either with or without particles of matter in suspension therein 'Which is 'Wholly or in part produced in the course of any trade or indUBtry carried on at the trade premises and m relatioo to any trade premiees means any such 1 iquid as aforesaid wh ich is 80 produced in the courae of any trade Jr inquiry carried on at those premises, but does not include domestic Be'Waqe; ( 52) "trade premises" means any premises used for intended to be used for carring on any trade or indu3try:

( 53) lit rade refuse" means the refuse of any trade or industry;

(54) "Jnion territory" means the Union territory of the AndaJaan and Nicobar Islands:

(55) "Vehicle" includes a bicycle, tricycle and motor car and every other wheeled conveyance which is use1 or is capable of being used on a public street; and •

(56) "~ater works" includes all lakes, tanks, streams, cisterns, sprinqa, pumps, wells. reservoirs, aqueducts, cuts. etuicee, mains. pipes, outver+e , engines, hydrants, stand- pipes, conduits, and all machinery, lands, buildinqs, bridges and a things for suppling or used for supplyinq water.

CHAPTER 11

MUNICIPAL AREAS

3. (1) Subject to the provisions contained in .sub-eect ion (2) the Administr~tor may, by notification, declare any area within the district to be a municipal aree , and may, by like notification. extend contract or otherwise alter the limits of any municipal area, or may declare that any suc~ area shall, form a date specified 'by him, cease to be a municipal area:

: ~ , TIlE ANDAMAN AND_NI_CO_BAA EXT.RAOiID I,_.NAR_;_, ~'i_' ,GAZJ$-+: 'r.1_IE_,_DBC_,. 8._# _l_Sl94 __ ~

. ~ , . Provrded that"no such notif1Cd~ion shdl1 be lssued ::~. ~~t of the Pl'>~i· r. notiflC4tion t~ethor,with a DOt~oe specif~ni ~te after· WhlCh . that draft and the. 0 ~ ctiOll8:, end suqgestlona of the persons 1 ikely lEo be affected the:z:-e~. wi 11 be taken into consid~ation by the Admlnlstrator haa been previously :published and peeted at the ottice of. the Deput~ Ccmnissioner an~ one or more conspicuous plaqee wi thin' or adJecent to the area concerned; andi

(i i) the c·bjections and sugge.etions of the p pe~ ~ikelY to be . affected b)H the p:r:opceed notlticatlOn received in writing ~ithin the date 80 specified, h~ve been taken into!!conBider-ation' by , t~ Administ.rotor Md nave :ooerj fOWld:by him to be lnsufficient or invalid. ;-

(2) No notif ica.tion under s\ib-section (1) shall be issued il1 respect of - .:. :!:

(a) any place which has been ~eclared. by the Central Government 'under eectipo 3 of the· Cantonments Act, 1924 to be a Cantpnment for the purposes of tho tAct. or ,~

O>} any area not hAving! an average population 'ot five hundred inl1!iliitants to a square mile cal curat.ed in accordence with the latest otficial census: .~.

Provided t hat the Administrafor may. having regard to the f,QPulation of, the al;ea, the density of the populet» on tnerem, the re"ienue generated. fot' local adJjiniatration, the tpercantage of employment in non~gricultural (lctivities, the economic importance, or such othel';. factors as he may deem fit, specify, by notifitatlon. any such municipal dre'l 0.5 an area fox: f,estahlishing a Nagar Pencheyat; or MUnicipal Counci l , as the case may. be. ~ 1,

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4. ""hen. I)Y reason of a nod f ; cer.Ion under section 3 th(~ limits of a muniCipal area are extended to rnclude therein any other area, such other area, ahtlll thereby become' subject, to this Regulation anti all notification.s. rules, bye- laws, orders. directions. issued or made there under and inforce throughoUt the municipal area, save in so far as the Administrator may otherwise. by notifi'cation direct.

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• ,F.ffflr:t of including other area in Municipal area.

THE ANDAMAN AND NlCOBlR BXTRAORDINARY GAZETTE. DII:. 8, 1994 9 _ . .

5.(1) When. by reuon of a notificatioo under section 3 the llaite ot 4 municipal area are contracted to exclude there fn:a emy area fOl1ling part thereof. if the area 80 exclud.ed -ia

immediately placed under the control of so.e other local authority such portion of the

Municipal Fund and property ve8tinq in the

Municipality Md INch portion of the liabUtiee of the Municipality as the Administrator aay direct. shall be transtered to that otber local authori ty, or. if the area 80 excluded. is not iu:.ediately placed under the control of any other local authority such portion of the Municipal Fund and property v08ting in the Municipality shall vest in the GoverJllD8l1t. and such portion of the liabliti~ of the Municipalities shall be transfered by the Government. as the

Administrator may direct.

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(2) When . .by reason of a notitic~tion under section 3 any municipal area eeeeee to be a municipal aroa then. if the area ccmprised therein is il:.Qllediately placed under the control of some other local" authority, the Municipal Fund and property vesting in the Municipality shall vest in. and t.he liabilities of the Municipalit.y shall be transferred to, such other local authority. or. if the area is not imediately placed under the control of another local authority. euch fund and property shall vest in the Government and the liabilities of the Municipalities shall be transferred to the Government"

6. All property vested in tho Govern.tnt under section 5. shall be applied under the ordera of the Administra~or in the t~ret place to discharging the liablitiee imposed on the Government under that section and in the second place for the promotion of the safety health, welfare or convenience of the inhabitants of the area which haS ceased. to be, or as the case may be, to be the part, of the municipal area.

CHAPTER III

MUNICIPAL AlITHORITIES. OFFICms AND SERVANTS • '>.

7" The Adnnnistrator shall :by,notification in the Official Gazette. constitute for- every municipal area a Municipality.

8. Lvery Municipality constituted under section 7 ahe.I l be a body corporate having perpetual succ~,esion and a CoaIOO aeal and ahal L subject to such restrictions and conditions imposed by or vncer this Regulation or under any Effect of

excluding

area fran

municipal

area.

Appli call on

of property

vested in

Government.

Constitution

of MuniCipa-

lities.

Municipality

to be a body

corporate.

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. THE ANDAMAN AND NlCOBAR EXTRAORDINARY ~:frE. DEC. a. 1994 lO other for the ti~ .being .in force anh shall have. }X.'I'IIIer to acquire. hold; adlQinister: 'Md transfer property both movllhle and isDovo,ble land to enter into contract· and shall by the said name sue or

• to be sued , t

9. (1) Save as provided in ~~tion .(2). all Beats in e Municipality ahall *' filled. by persona choeen by direct electi~ fran the ter;ri torial conet i tuencies in the municipal area and far this purpoee each ~icipal': area shall .be di vided by the Election Ccarll.ission, into territorial conat.Ltuencfee to be knOwn as 'Wards I in such manner that the ratio ~ between the population ot each ward and the n~r of seats e l Iott.ed to it nilall. eo tar as practicable. be the same through)ut the municipal area:

• Canpoeition of Municipa- lities.

Provided th,~t the total number of such members shall not be lese than ten; and not more than twenty five '

(2) The following peraona shoU be represented in e Municipality. naIDEdy :-

(a) no..L.um_e than three p8mlS who 'ere not less thaIl25 y€:ara of age andwno-- have special knowledge or experience in municipal Administration

Administrator

nooinat.ed by the

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Provided t-n.at the persons ~pminated under this clause sh~ll not have the' r~ht to vote in the meetings of the Municipality:; I

(b) the member ot the House of the people representing t.ne const muency "fnich canprises wholly or partly. the municipal aijea.

(3) Seats f1l'Jall be reserved f<)r the Schedulod Tribes, the nUDll:>er of such seats ~~inq determined by the administrator. by order to: be publ ished in the Official Gazette and the nWlLi)8r of seats so reserved shall bear. as nearly ~ may Do. the same proport i.:m to the total num'Der of seats to be tilled by direct election in t.hat Municipality as' the population of Schedules \ Tribes in the municipal er ee bears to the totajl population of that area and. such seats shall':be allotted .by rotation to d i f ferent, wards in tJ~e Municipality.

(4) Seats shall be resw';ved.,: for wanen belonging the Scheduled Tribes i:lIlongst the seats reserved for the Scheduled Trii>ef1, the number of such seats betng determined by t~e Administrator. by order to ~~ published in the ()tficial Gazette which shall not be Ieee thon o:7le-tbird 'of the total number of seats reserved tor the Schedule Tribes. ' j'

11fE 'ANDAMAN AND NICOBAR .EX'IRAaIDINAHY GAZBITB. 'DB:. 8, 1994 11 _-

(5) Seat..3 shDll be reserved tor 'Wallen. the nwabe~ of such seats being deteriained by the AdminlstratOI' by order published in the Official Gazette. which shall be not lese the.n one-third of the total nUll.ber of seats and such seats ehall be allotted by rotation to different wards in such manner in this AdJDinistrator may, by order, published in the Official Gazette. direct in this behalf.

Duration

of.Muni-

cipality.

10. (1) Every Municipality, unless sooner dissolved. under any law for the time being in force, shall continue for five yeare. tree the date appointed for its first meetig and no lonqer.

(2) NotWithstanding any thing contained in sub-section (1) , the elected. and naninated. members of the Board functioning immediately before the coming into force of this RegUlation shall continue to be members till the expiration of the term prescribed. under section 9 or the AndtllDdll and Nicohar Islanw,(Municipal Boards) Regulation, 1957 ~ it stood. .before its repeal.

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(3) An election to constitute a Municipality she 11 .be comp 1 et.ed , -

(a) .before the expiry of ite duration specified in sub-section(l);

(b) before the expiration of a period of six months fran the date of, its dissolution, ProviQed that where the reminder of the period for which the diesolved Municipality would have continue~, is lese than six monthe, it shall not be neceesary to hold any election 'under this sub-section fQr constituting the Municipality for such period.

l4) A M,.uucipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only far the remander of the period for which the diesolved Municipality would bGve continued under sub-section(ll had it not been 90 dissolved.

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Hesignation 11.(1) A nember may resign hie membership, in of mem- writing. un-ier hie hand addreB6ed to the bers, Chairperson and a seat ehall becoee vacant on its acceptance by him.

(2) A person ncennet.ed .by the Administrator under clause (a) of aub-eectioc (2) of section 9 may resiqn in writing under his hand addressed to the Administrator, through the Chairpersal, and he snaIl cease to represent 1n the Municipality on the acceptance of his res:lqnation by the Adminisatrator-.

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12. 11iE ANDAMAN AND N.ICOliAR EXTRAORDINARY GAzE'rrE. Drx=. 8. 1994 .____ _ . ,_'_~J _

(3) If tor a period~.o(,Bi;rty cl4~ a ~r or a, pernon n~jnatQd by tho A@inist='rator under clilUS6 (al ot sulr-aoctioo (2) of sedtioo 9, i8 'without permiesjon of the . Munici~;lity . a:beent freeD all meetinqa thereof the Muniqipality MY declare hie seat vacant. ' :

t .Provaded that in cccputinq the ~~d period of sixty days no account shall he t~en of any period. durinq whic'h the Mtmicipality ~is adjourned , for more than four coaeecut.ive QQYB~! ,I

. ; ~ Provided further·that he shall ~be eligible tor re-election. if otherwise qualitied. . , i'

( 4) If a member becceee sub ject t:o any of the disqualifications mentioned in B~ction (1) or eub-eect ion (2) of section 12, hi~~ seat shall thereupon become vacant; f

Diaqua.lifi- 12. (1) A person shall be di8q1fdlified tor cation I heing choeen aEJ,and for being ,a~. member of member- MuniCipality or to be nominat$d by the ship. Administrator under clause (a) of sub-eect'ion (4:) of section 9. - j;

(a) if he holds any office or Profit under the Government of India or the Government of any r:State or Union Territory in the First SChedule to the Constitution other then an offic.~ declared .by Parliament or the Leg~slature of tq4t State or that Union Territory by law, not to I disqualified its boldeers ; r . !

(b) if he is of unsound mind e,ri.d stands so declared by a ccepet.errt court: . i,

(d) if he is not· a citizen of~India,or has voluntarily acqujred the citizenship of a faregin State .or is . under any ,acknowledgement of alleqiance or adherence to a foreign State;

(e) if he hc~ beinq convicted ~y a criminal court tor _ r

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(i) on otfence punishable under the Protection of Civil Hights Act.1995 unless a j::>eriOd of six years has elapsed from the' da:;,,-e of such t conviction ;' ~

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Provided tM.t a dlsqualificati:t;.n under this clause shall not. in the cese of a ?arson who 00 the date of the conviction is a ~ member, take effect unti 1 three months have elap'~ fran· that date or, if wit hin that period,;an appeAl or

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TIlE ANDAMAH AND NICOBAR EXTRAORDINARY:G1ZBTI'E, DK:. 8, 1994 13 appl i cat ion for revision is brought in respect of the convact.ico Wlti 1 t.llat appea.l or appl ico.tiCXl is disposed of by the court:

(ii) any other offence and sentenced to i~riaonment far a term exceeding six months,Wllesa a period. of 008 year has elapeaed since the e~~iery of this sentence;'

(f) if he has directly or indirectly any share or interest in any work done for the Municipality or in any contract or aployment. with. by. or on behalf of, the Municipality;

Provide-d that no person shall be deemed .. to have a shore or interest in any such work. contract or eaployMllt by reason only of his- ( i) nev ing a share in any coapeny or firm vhi ch may contract with or be eaployed by or on bebalf of the Municipality, or

(ii) hevanq a share or interest in any newspaper in which any adverti~nt releating to the affairs of the Municipality ma)f be msertea, or ( ii i) nev j ng a share or interest in any 1 eaae , sale exchange or purchase of immovable property or any agrenaent for the some, or

,/ (iv) ha\ing a share or interest in the occasiqnal sale to the Municipality to a value not exceeds ng two thousand rupees in anyone financial year.of any artical In which he trades; , '

(g) It he has .been dismised fran the service under Government for corruption or disloyalty to the State (,r fran service any Municipality for corruption unless a period. of three years has elapsed since is dismissal ;

(h) if he lS so disqualified by or under any. law made by Par 1 iament for being .cnoeen as. or for .being, a men~r of either House of Par 1 iaaent :

Providec. that no person shall be disqualified on the qround that be is lese than t'W~nty-five years of etge. if he has attained the age of twenty-one years.

Exp leneit.fon: - For the purposes of this sub- section a person shall not be deemed to hold an office of pr~it under the Government of India or the Government that he. is a Minister either for the Union or for euch State or in any Union Territory 01' that he is a member of the House of the people.

V.,

14. ; 1 THE ANDAMAN AND NICO.BAR EX1'HAORDINARY <,iAZE'ITE. DOC. 8, 1994

(2) A Person SMU be disqw:dii'ied tor .being a member it he is ditsqUlllified tor fpe1ng a member of either House 9t Parliament 'und$):r the Tenth Schedule to the Constitution. i

(3) No pereon is in the service of Gove:rnment shall be eligible tor ~ing elected as a mem.ber.

...•

(4) It a quastion arises as .to whether a member of a Mun.icipality .nea beccee subject to any disqualification mentioned in BUb-Bection (1) or suh-eection (1) of section 21' the question shall be refered tor the decision of the Administrator and his decision shall be final.

(5) Before giving any decision on, any such question. the Administrator shall obtain the opinion of the Election Canmission. and shall act according to such opinion.

13. (1) Vac;mcy occurring by' reeeco , of the filling death, resignation, re&oval or vo idance of the casual election of an elected member shall be filled at vacancies. a casual electi~n:

Provided that m the case ot :'1 seat reeerved for Scheduled Tri.bes, a person shall not' be so que l ir ied un lesa he is a memJ:>er ,;:)f a Scheduled Tribe: ~" '\,.,

. 1

Provided further that in t~~e ceee of seat reserve for W{lDaIl no person oth('!r thon a wcman shall be qua l ir i.ed to be chosen as a member. Election

of Cha~r-

person.

(2) In th'~ ceae of a casual ~ vacancy in the office of a nJminated person. the Administrdtor may nominate anoth~r person in his pla~e. ;

(3) No election to fill casu~l vacancy shall be held if tne vacancy occurs :w-ithin six months before t'he expiry of the d.uration of the Municipality E!fflux ot time of ,the term' of office of the memoeru.

14. ( 1 ) 1\3 soon as may be after its constitution. every Municipal~ty shall, at. a special meet inq , e lect one of 'its member, fran amonq themselves, to be the Chairperson of the Municipolity.

(2) The term ot office of a; Chairperson ahall be one year from.the date of hi~ election or the residue of the term of the Mt:.nicipality, which ever is less,

, ~

, I

(3) The office of the Chairperson ehall be reserved for the first year of the Municipality in favour of a member who is'a woman.

(4) On the occurrance of any vacancy in the office of the Chairperson or the Vice- Chairpereoo, the Municipality shall within one mooth of the Occurance of such vacancy elect one of its members as L'ha i rpereon or Vi ce-

(5) If the vacancy be a ceauat vacancy in the offi,c::e clf the Chairpereal and is reserved for a WCGan, t he vacancy shall .be filled by electing one of the members from amongst women, Election

of Vice-

Chair-

person,

1~ Every Municipality shall. at a special meeting, elect ooe or two of its members to be the Vice-G~airpereon or Vice-C~dirpereons and may by resolution requlate the precedence of the Vice-C~a)rpersonB,

Term of

Oft ice of

Vice-

(""hair-

person.

16. (1) The term of off ice of a Vice- Ch-":irperson shall be one year fran the date of his election as such or till he oeaees to be a member of the Municipality which ever is earlier, f (~ '.' '. .

Resiqnation (2) A vrce-cne trpereon whose term of office or ramo- has expired, shall, if otherwise qualified, be val of eligible for beinq re-elected, as such. Chair- //

person or ,11.(1) The Chairperson may resign his office Vice-chair by-~writinq under his hand addressed to the person, ,.' Administrator and the Vice-<.. llairpereon my resign , . ./ hiB office by writing under hie hand addreeeed to the Chairoereon . . '

, ' (2) 8very resignation under sub-Section (1 ) shall take effect from.the date of its acceptance by the Administrator in the case of the

Chairpe~)n and by Municipality in the case of a Vice-Cihairperson.

(3) [he Chairperson or the Vi'ce-Chairpereon shall vat:::ate his oft ice if he ceases to be a member.

(4) A motion of no confidence against the Chairperson or Vice-Chairpersons. may be moved by any member at a special meetinq convened for that purpose:

Provided Umt no such special meetinq shall be, convened except in accordance wi th Bub- sect ion (!)).

; .

16. THE ANDAMAN AND NlCOBAR EX"ffiAQR1)INAR~ GAzEnE. DB:. 8, 1994 Appoint-

ment of

suD-comm-

ittees.

(5) A requisition for a special 'J.eetinq she l l :pe, ~de. by not less than one fifth '4f the total ~~ Qf tn~ Ml,lPjq1'~hty ,~d ~ sh~ll ;be dellvere~ t9 the Chairper-ijO~, i

(6) On receipt of a requrai t ion i under suo- section (5) the Chairperson ahall ~ithin seven Uays of ita reGeipt convene a specia~ meeting , of the Municipality. l i

(7) The special meeting shall i~ 'held on a day not later than fifteen days fromlthe date of issue ot notice of the meeting. !

(8) The special meeting shall :be presided over hy the Vice-chairperson if th~ motion is aganiat the Chairperson and by the ~Airperson if the mo1...iol1 re o.~eun6t the Vice-{""hair~rson. 1:' ,

(9) If the motion- is carrie~ ~i' 0. majority of 'the total number of members at 1the special meeting. the chairperaon or ~the Vice- Chairperson, as the case may be ~ s'hail cease to hold office fram the date an which the motion is carried unless he has resigned earlier.

(10) If the motion of no confid~nce against the Chairperson or the Vice-ch6irperson is rejected,no fresh motion of noi confidence 6gainst him shall be brought 'Ibetore the Municipality during his term as 8ucn~ ~

i C. Sub-Committees I

18.(1) There shall be the fqllowinq Sub- Committees in the MW'lcipal ity ,namely .. : - t a) sub-committee for

and accounts.

f inAnce. taxation

I , ,

(b) sub-ccemi ttee for publ i(~ health and sanitatlon.

(d) sulr-c('mm~ttee for water ~.orkB. ~' .' ;1 ,

sWr'CaIlDlittee tor educet ion j

and . (0)

social justice. ".,

p (2) Each su.b-ccmmittee shall conaret of five ~rs 'of the Muncipality elected ~t its first meeting after ttJe general election land at the first meeting In the same montll, in each succeeding year according to the principal of proportionate representation by m.oans of the sinqle transferable vote.

,,'

ras ANDAMAN AND NlCOBAR F.X"ffiAORDlNARY GAZETTE. DR:. 8. 1994 17

(3) The Chairperson and the Vice-Qlairperson shall be ex-off ice members of all the Sub- Coomittees bllt they shall not have the right to vote.

(4) The term of office of the meabers of the sub-oommittees shall be one year frca the date of their election:

Provided that a person shall cease to be a member of the sub-canmi t tee if he ceases to be a member of the Munic;ipality or if he absents himse~f without the permission of the sub- committee for three consecutive meeting of the sub-cCGIIlli t teaf' .

1(.'

(5) When! a casual vacancy occurs in the membership of a sub-committee it shall be filled by the MunicJpality by the election of another member. The persons 60 elected shall hold office only 80 long as the person in 'Whose place he is elected WOUld. but for occurence or vacancy have held.

(6) A memler of sub-committee may resign his office at any time by notice in writinq addressed to the Chirpereon of the sub-committee and delivered to him and such resignation ahall take effect from the date on which it is accepted.

(.'7) Each sub-camoittee shall elect one of its members as Cha rrperson .

(8) 'The :"'1lairperson at the sub-ccaaittee shall hold office until a successor is elected but shall be eliqible fpr re-election.

(9) Notwi shstanding the provisions of sub- section (6) the Chair person shall vacate his of flee when he ceases to be a member of the sub- committee.

(10) it ,lilY casual vacancy occurs in the office of tht3 Chairperson the aub-ccamittee concerned shall. atter the occurrence of such vacancy elect one of the members to fill such vacancy and 4,very persons so elected shall continue in of:': ice so long as the person in whose place he is el~cted would. but for the occurrence of the vacancy have hold.

D. Joint Committee

19. A Munidpality may concur with any other Joint Municipal tty. ')r with more than one Municipal ity Committee. in constitutinq a joint Committee for any purpose

.-18. THE AlWAMAN AND NlCOBAR EXTRAOODINARY Gi~1'1'E. DEC. B. 1994 in which they are jointly interet:lt.ed and in delegating to any such joint cccmnitt(;~ any pcMlr Which mi~ht be exercised by-either or' any of the MWlicipal i ty concerned. '

Provided that no joint committ~e ahall be

appointed in purauence of such; conCurrence

without the prevlous approval' of the

Administrator.

E. Oath of Al.legiance:

.20.(1) Notwithstanding anything ,contained in the Oath Act,1969 every person who :~B elected. to be a member of nonlinated under cl eunef a) of au.b- section (2) of oo(:tioo 9 shall befo:';e taking his seat. make at the meeting of the Mui1icipality, an oath or affirmation of his olleq.iance to tne

constitution in the following form naI!)ely :-

ill. . . . . .. having being elected a member or noodnated under clause (a) of sub-sect ion (2) of section 9 swear in the name of' God solemnly

affirm that I will bear true faith,~ nd allegiance to the Constitution of India. am;. that I will faithfully discharge the duties ul~n which I anI about to enter". ::

(~) Any person who having bein,~ erected as a

member or naninated under clause.r (a) of sub- section (2) of section 9 tails tc make in three months of the date on which is ferm of otfice

commences or at one of the first~three meetings held after the said date, whichevElr is later, the Odth or affirmat~on laid down in :sub-section(l), shall cease to hold his office and his seat shall be deemed to have beccee vacant. '

(3) Any person who has been: elected as a member or naninated under creuse (a) of sub- seotion (2) of 88ction 9 shall n~t take his seat and meeting of the Municipality c~ do any act as such member unless be has ma:<;e the oath or affirmation os laid down in s~jection (1). j -

( 4) Notwi thstanding anyth~ng contained. in suo-eect.ion l2J) a Chairperson. V~ce-chairpereon of the Chairporson or a mett¢>er of a suD- ccemt.tee . who has not made} the oath or affirmation as a member shall not, be entitled to act as such ':hairPerson, Vicei...chairperson, or member. II: ·1

I! ~

I ,

I •

. ~ Oath or affirmation by .metiiliers.

THE ANDAMAN ANlI NlCOBAR EXTRAORDINARY GAZETIE. DEC. ~. 1994 19 ~ .' J.)eclara-

tion of

assets.

. ' Secretary of the

Munici- pality. --------------------.--------------------------

.I:" • Declaration of Assets etc. 21 ( 1). Every meaber snaIl, not later than thirty days atter making an~ subscribing the oath or affirmation under aub-saction (1) of seat on 20 and lJefore the last day of the same month in each succeeding year file with the Chairperson a dec laration in such fom as may be prescribed of all the assets owned. by him and any member of his family and such declaration shall form part of the recor-ds of the Municipality .

(2) 11 person shall be disqualified for being a member -

(0) if he fails tc file a declaration reffered to in eub-eection (1) or

(b) if he files a declaration under that aub-aect xon which is either false or which he khows or believes to be false. . Explnnation -- For the purpose of this sect ron "tamily" means a spouse and dependent children of the member.

G. Offlcers and Servants

22. J~very Municipality ahall have a Secretary who shall be a Whole time employee of the MuniCipality and shall be appointed by the AdminiBtrator.

Remuneration 23. The pay, allowance end other condition of payable service of the Secretary et.~ll be such as may be to Secre- prescr ibed .

terv.

. :. .

Appolntment _G4. ( L) A Municipalit.y may, by special of Public r-eeo lut ion . and if so required. by the Health Administrator. self appo:nt a Public Health Officer Officer. an Engineer or a Water-works or and Electric~l Engineer.

Engineers.

; .

Pension

leave

allowan-

ces and

(2) Each eucn appotntnent, and the salary an other cJnd1tions attachir.g thereto shall be subiect to the approval of the Administrator.

(3) If a MunlCipality,when required by too AdminIstrator to do eo fails within the reasonable time to appofrr; any such officers as aforesajd. the Administrator may appoint him and any offlcer so appointed sh~ll be deemed to have been ap~ointed by the MuniGipality. 2!:J (1) if an otr icer or servant of a MunICIpality is a person in the service of Goverment.the Municipality shall.--

•

20.

: :1

THE ANDAMAN AND NlCOBAR EXTRAOlIDINAR't "GAZETI'E; tee. 8, ~994 1 -------- .!

to.) it his services are whqllY lent to it, contribute to bis pension. gratuity and leave allowance in accordance with the lTv-les tor the time being governing his conditionE) of service under Government; end r. "

provid.ent

fund.

(b) if it devotes a part of hi~) time to tne perroneence of duties on be~lf of a Municipal i ty', contribute to his pe~ion ,gratu'i ty and leave o.llowo.ncea in such P19porf..ion as may be determined by the Administrator. ~

, ~

(2) In case of an Officer or s~rvant of the Municipality who is not a Governmen~ ofticial the p Municipality may subject to such 90nditiona as 'the Administro.tc'r may by rules prescribe,grant him leave .ereentee or acting allow~'1ce and,- , 'Ii

(a) grant hiDl gratuity on retir~ment;or Cb) eatebt rsed and manitain a :' provident or ennu i ty tund and coept e him to contribute thereto; of

(c) where such a fund has not being established or where such turid has been establlahed but he has been contri:Quting there to for less than bo whole of his'seriive grant him a pension or gra'Cuti ty or purchase .or errenqe for- annuity for him l)n his retirement. ': ' -

(3) If the senctdon of the .1~dministrator .e Municipality may grant a ccepessronate gratuity 'or grant or errence for the p~chase of an annuity to any Officer or seI1vant injured. otherwise tho.n tty reason of his o{m de~aul t in the execution of his duty or where such 'injury resul ts in his death, to the wid~':W ,chi Idren or other relatives dependent on him. ~

(4) Where an officer or setvant dies in circumstances other than those raftered to in sub-eect ion (3) , the MWlucipalit~ maY"with the sanction of the, Administrator' ~ant a compassionate uratUlty to the wldfw,chlldren or other relatives dependent on him. f

(5) A pension, gratuity, or annuity shall not exceed the sum to which under any !rule or general or special order. made by the Cent~l Government, such officer or. servant or his family would De enti tled if th~ service had been ,se~vice under Government.

(6) Nothinq in this Regulation shall be deemed to prohibit the establisw;nt of provident IWld for officer and servants ot the MWlicipality at such rates and under such concitions as the Municipality may,by bye-laws fiX' and apportion for such perfor'mance.

THE ANDAMAN AND NlCOBAR BXTRAORDINARY GAZHTTE. DEC. 8, 1994 21 ------.--~--- ------------

26. (1) If the person servinq or having served under a Municipality has .b&9n or transferred from or to the service of GoveTJUDent or is partly employed by the GovernJllen':. and partly by the Municlpallty. the Municipality shall contribute to his pension and leave allowances to such extent as may be required ''1Y any rules made by the Government concerned in this behalf.

(2) The Municipality shall not,say with the consent I)f the Administrator dispense with the services of any person employed as aforesaid without 'living the Admin~strator six months previous notice.

2.7. U) A Municipal ity may, I by special resolution and not I)therwiee, pun ish, diamiBS or remove its PublIC Health Ufficer or Water Works or Electrical Engineer:

v' v

Prov ided that no such reoolution as aforesaid shall be purposed until the officer concerned except when he is to be punished, diSlflieseci or removed .)n the ground of his conviction on a criminal charged has been given a reaooable oopurtunityor shewing caWle against the action proposed ':0 be taken in regnrd to him:

Providel!' further that where the officer concerned is in the service of Government and his eervices have been 'Wholly or partly lent to the Municipal ity, no sucn reeotut ion as aforesaid in respect of him shall be prol~ed. except with the previous ~ction of the ACUlinistrator or of the head of h is parent lJepartJner. t as the case may be.

. .

(2) A res.)lution punishing ( iSlliesing or removinq any of the aforesaid 'officers shall be ccmmunicated to the office)- concerned and shall not take etfect until the oxpiration of fifteen days fro~ the date when the communication ~as served on him, or, in the event, of an appeal .b~nng tiled by him under sub se"tion (3) until the appeal is decided.

t3) Any of the aforesaid officers may, within fifteen deya ot the recexpt of notice of a resolution of punishment, d:-,emiesal or relDOVa~, appeal to the Administrator thrOUgh the Chelf Secretary and the Admlnistrntor shall there-upon either allow. disalloW, or vary the punishment. dismissal or removal .

(4) On receivlnq an apPeal under eub-eectioo (3) the Administrator if he tb:nks fit suspend the off icer concerned pending Ithe decision of the appeal.

Pension etc ..

in caee of

service part 1

under govern-

JDent and

partly under

Municipality.

Punishment

disu,isaal etc

of the publlC

Health Office]

and Engineers

22.

1lIE ANDAKAN AND NlCOBAR EXTRAOODINARY J'J:.TfE, DEC. 8, 1994 ------------~ff~' ------.--~--------

(5) The Administrator shall have ~l1thority to, requfre in accord4n,w:,\dth. J}x. ,', procedure laid down 1n the section the di~jB8dl or. removal of any of the aiore3aid officers in the cose of proved incanpetence. .

26. Subject to ·the proviarcoa to the ~ployment regulation~ and the rules and by;B-law made J of other off- - th~~eunder a Municipa~ity may employ: such other cera and offlcers and servants be)onging to group(c) & (d) servants. category ot the et r icent execution or: its duties (----

and may asaiqn to uuch officers and s~rvants such pay Md allowMce as it thinks tit ';;

Provided .!hat such apPOintment: should

exceed that the eenct ioned strength as per Budget approved by the AdJIlinistrator.,

, t

not fi the'

29. No Buit shall be maintainable against any officer or servant of a M.uniciparity or any member. or any person Acting Wider tne direction of Buch officer, servant or member in respect of any thing a good fuith done under the H~lation or any rule or bye--law made thereunde~. PrOVided that every such persC~ shall be liable for the 1005, waste. or mjsapi}llcation of any IDOney or other property OO10ng;'ing to the Municipality if sucn 1085. ~. wdBte or mi~pplication is a direct consequ~nce of the neglect or misconduct in the disc~;rge of hiB duties under thi!3 Regulation: and ;a suit tor canpensation for the same may ~ instituted against him by the Municipality with ,sanction ot the Deputy Commies ioner or the Admin:i.strator • .

30. Every member and every Munic~pal O..fficer and servant shall .be deemed to be P\ll?lic servant within the meanin'~ of section 21 o~ j the Indi4!Lll Penal code. '

31. It any I"iunicipdl Officer, or eervent Knowingly acquires, directly or . iniiirectly, by

"himself' or by partner or employer' .or eervant., any share or interest in any work dqne for the Municipality or in any contract or employment with. by or or behalf of the Munucipality he shall he deemed to have OCGIrltted an offence under section 168 of the Indian Code~:'

Provided that no person shall. ~:JY r eeson or being a. saare-nclder in, or a lDember of . ~y company, they held to be rnt.ereated in any contract entered tn to .between such ccepeny and ~lhe Municipality. l'

" ~:

: 1

Protection of action taken in good. faith. Municipal

officers to be public

servants.

Penalty for acquisition by Municipal officer or

servant of

interest in contract or work.

TIlE ANDAMAN AN) NICOBAR EXTRACfiDINARY GAZETIE, DB:. 8, 1994 23 ----------

Superin-

tendence.

direction

and cont-

rol of

election.

.• , .1.

CHAPTER IV

EJ..E(.7I'')NS A. Munj ctpal W4rdB. Elec':oral Rolls. Voters and Gandltates tor Election.~

32.tl)' The Superintendence. direction and control ot the preperatton of Electoral Rolls for. and the conduct of all elections to the MunlCipalities shall be 'rested in the Election CccDmission eppomt.ed unc.er section 185 of the Andaman and Nicabar Islands (Panchayats) Regulation, 1994, and th~t Election Calmissioner appointed under the section shall be dee.ed to be the Election Commissioner for the purposes of this HeQulation.

(2) [he Administrator shall when so requested by the Election co.mission make avaliable to that commissivn such staffs which the Administrator consider;3 necessary for dlscharge of the tunct.ron conferred of the Election CaIIIIission by sub- aection( l ) .

MuniCipal 33.(1) for the purpose 3 of Election to a wards. Municipality every Muni,::ipal area shall be ulvided into 6inq1e member wards in euch manner that th\'3 population of ea::h ward B~ll, 90 far as prac ,:icable be the ::3aIIIe through out the Municipa ( area.

. ' ., ; ,

" . -.

(2) i'he Electloo CaleilJ8ion shall, by order Publish~l in the Official nozette determine.-- \

(a) i.ne number of wardJ'1;

(b) the extent of eachiward;

t c) the wardS in Wl)lCh seats shall reserved for Scheduled Trii~; be

l d) t'oo wards in wfjich seats shall be reserved for woman; and

)

(. e) the DIdllner in whic'h seats reserved for Scheduleo Tribes and woman 'shall be rotated .

(3) For every Municipal ",ero their shall be an ElectoraJ Roll which SM 11 'be prepared and publ ishEX\ every year under. the Superintendence, directior and control of the Election Commiseion on and shall contain such particulars in respect of the votere as the Electi on Camnil!!l8ion may fran time to time direct:

24. 11iE ANDAMAN AND .NlCOBAR EXTRAORDINARY GAZErrE, DEC; 8. 1994' Provided that the Election Commission may. by

notification direct that no new Electoral Roll fgr MY Munici~~ W~d shall be. pre~f)d 'and

published in any particular year, and that the Electoral Roll previously pubtished shall

continue to be valid until the new Electoral Roll is published.

Qualifico- 34. (1) A person shall not be deemed to be a tlons for voter of a Municipal Ward unleaa he ia reqietra- registered as such in the Electoral I Roll for that tion as ward.

voter tor

candidates (:2) Sub ject, to' the . provisions' of this in elec- Requlation and of any other· law for the time tions. being in force, Every person who -

(-a) Is a ci tl zen of India,

(b) has attained the .age of 18 years on the first day of January of the year for which the 'Electora.l Roll is' being prepared, and

(c) has the requisite qualification in respect of residence shall be entitled to.be 130 registered as a voter in the Electoral Roll for a Municipal ward.;

Provided that no person shall be entitled to be 50 registerd if he -

(i) is of unsound mind and stands so declared by a competent court: or

(ii) is tor tne time being disqualified. for voting under the provisions of section 42 or any other law relating to corrupt practjce and other offences in connection with Electiqha:

Provided rurtber that no person shall .be entitled to be eo registered. the Electoral Roll for more than such ward in a Municipal area or more than once in any electoral roll.

(3) For t.ne purpcee of ~6ection(2), a person shall be deemed to requisite qual if ications--

(a) . in res~~ct of residence, if he has ordinary resided in a dwelling (other than as an inmate or a pet ien t in a prison or a hoepi tal) in the Municipal ward concerned, for a period of not less than twelve months immediately preceding the 1st day of January of the year which the electoral roll if; being prepared: ...

(b) in respect of business premises. ~f. he occupies any business premises in the Munlclpal ward concerned. for a period of not less than twelve months lmmediately prece~inq th 1st day of January of the year for which the electoral roll is being preperec.: and

" . .. , THE ANDAHAN AND NICOB~R EXTRAORDINARY GAZETTE, DEC. 8~ 1994 _ .•... __ ... - ..•. _---- ------------------.- ------------~------~----------------------

",,,, 4;:)

(c) in r e sp ec t ()·f ta~::td:.ion~ dl he owns within the limits of the Municipal ~~rd concerned immov~ble prop~rty which is ~ssesged to any muinicipal tax on the 1st d~y ~f April of the year immediatell preceding the Y£8r of which the electoral roll is beinp pr ap ar ed ", (') Every person who is :a voter of a

Mu"icip~l ward within a muni[ip~l area Bnd who +01' ~ period of not less than six months

. j commenClnQ fron the 1st day of 'January of the year durln~ whLch an el~ction i~ to be held h~s been residinQ in the Hun1cip~1 areas shall, subject to the )rovisions of this ReQulation an~ any other law for the time bei~~ i~ force~ be qualified to )e a candldate fo~ election ~s a member of the MJnicipality in th(t municipal area:

, ,

Provided thRt no person sh~11 be qualified to be a candidate for election ~sla member of Municipality if he has not attaIned the &qe years.

il• Electlon F'eti.tic'na

55.(1) The election of any persor as a member may be ques t i oneo bv CIO election ,petition on the Qround--

(a) th~t such person has commlt~ed dUrlnQ or in respect of the electioni any co~rupt praiice as herein atter dEfined; I

(b) that such person was declar~d to be elected by reason of the improper reJect~on or ~dmis5ion of one or m0re votes Dr that.: for any pther reason, he was not du~y electe~ by ~ ma10rity votinQ of lawf~ll votes; or

" '

(2) The election of any per&on ~s a member shall not be q!estioned--

(a) on the round that the ~aTe of any ,person clur.difi.E'(j to vllte hills been onlffilt:t:ed from all th!'.?

n~me of iny person not qu~lifie~;to vote ha~ been lns~df?rJ in. it.'" elector roll or,rol1S~ or

(b) on tht ground of any nor-comliaote ~ith

"this ReQul"tlO(' or any r u l e , or {If anv mistake in the forms re(uired there by or 0* any error :i.neQLliar i t v lit informi'llity on {:he part 0+ the officer or o··fieers charQed wi\h c~rrying out this kegl.llati'lfl or any r u l e , ll?less sl.l~h non- com~\liance. rli. s t ak e , error l..rreqular 1 ty or in'formedl tv ha'. mater i a Ll v etectf!d the r asu l t of the elections •

:21

Power to que s t ion elect ion v

26. THE AN»AMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 8. 1994 -----------------------------------------------~-------------------------

HiM.

.i.'}1 ~j 1.

S6. A person shall be' deem~d to have

~ommitted a corr4pt pratice who :dire~tly or

Indlrectly~ by himself or by kny othdr person--

. (i) induces or attempts to induce by fraud~ lntentlonal misrepre5entation~ coerClon threat of injury~ anV voter to give or to refr~in from qivinq tI vote in +avour ·0+ any c and t d at e ]

(ii) with a view to inducing any voter to give or to retrain from glvinq a vote in iavour 0+ any candidatE~ offers Of gives ~ny money, or valuable consideration or ~ny place or consideration 0r any place 0l valuable consideration Dr any place or em~loyment~ or holds.out ~ny promise of individual ~dvantage or profit to any person;

(iii) gives or procures the giving of ~ vote in the name ot • voter wno is not' the person GIving such vote;

(iv) abetsl~lthin the meaning of the Indian Penal Code) the doing of. ~ny of the acts specified in cl~lse (i)~(ii) or (iii); or (v ) commits any of the pr at i cs sPficH~ed in section 12~ 0+ the Representation of the People Act, 1951.

EXPLANATION A "promiss of individual advantag~ or pr c+i t to any pers()o" inth\des "

promise for the benefit of the.person himself, or of anyone in whcm he is interested~ but does not .include a promlse to vote for or aqainst any particular munlclpal measure.

~}.(1) An election petition or any application relating to th~ hearinQ. of an election petitlon shall be presented to the District Judge wlthin seven d~ys fro~ the date on which the result 0+ the election w~s notified and ,shall specified the ground or arounds on which the el~ttion is qUBstioned. and shall contain a summ~ry of the (irCuffistance alle~ed to Justify the e1ectlDn beir'Q que at i oned 00 5Uqh ~ro~lnds. . ~. . .'

(2) The pe1ition may be presen~ed by the canditlt~tes in IJhClSe fC'lVour votes have been retorded and 1~ltQ cl a rms in the pat! t i on to be dl.~clared elected in p l ac e of the p ar snn those election is quesliDned~ or by ten Dr mo~e voters of the Municipal krea.

(3) The p er-son wl10se election is que: .• tioneu and there the pntitioner claims that any other p c~ndid~te shall be declared elected in plate of such. person, eve~y unsuccessful candidate ~ho h~s polled more VQ~es th~n such other c~ndidate. shall be m~de ~ "espondent to the petition. Definition

of "corrupt

prOlctice".

Forms a.nd

presenta'-

tioo 0+

election

petition.

l TIlE ANDAMAN AND MICOllAR EXTRAORDrNARY GAZEITE. DB::. 6, 1994 27 ------,----

Recrimira-

tory

proceed-

lnqs in

election

disputes.

Procedure

for

hearing

election

petitions.

, '

Finding

of Dist-

rict

Judge,

)

38. 'Any respondent may give evidence to prove that any person in respect of whom he claim is made that such person be declared elected in his place or in priority to ~ him. should not be declared so elected. in the: same manner as if he had presented a petitioo against the election of such pers< III •

JY. ( 1 ; save as otherwise provide by this Regulatior: or by any rule made therunder. the procedure provided in the Code of Civil Procedure, 1908. 1n regard to suits shall in so far as It may be applica.b19, be followed in the hearing of election petitions by the District Judge:

Provic-ed that -

(a) two or more pereone whoee election is called in question may be made respondents to the same pet it ion and their case may be tried at the same time, and any two or more election petitions may .be heard toqether: but so far' as is consistent with such joint trail of hearing. the petition shall .be deemed' to the a seperate petition c~gamst each reepondent ,

t b) tr.e District Judge f3hall not be required to record or have recorded the evidence in full. but shall make a memorandum of the evidence sufficient in his opinion for the purpose of decidina the case;

(c) 1he District Judge,may. at any stage of the proce-edanua. require d,e petitioner to give eecur i ty or furhter security for the payment of all peyme.nt of all costs iJ}curred or likely to be mcurre-d by any ~esponder~t: and

(d) the District ludg'(; for the purpose of decidinq e nv iesue,shall only be bound to :require the product of or to recea ve such evi dence • oral or documer.t.arv as he 'may cor sider necessary.

(2) I,n order for the peveent of costs .or an order tot the realization of security bond for costs pa£i8ed .by the District judge shall be executed in the same manner as if the amount to be recovered was an arrear ct land revenue.

40. (1) If the District· judge after making such mqu irv as he thinks necessary. finds in respect 01 any person whose 'election is called. in questlon by petitlon,that his election was valid. the petition all be djemissed against such cereon W 1 t .h costs.

28. THE ANDAMAN AND NICOBAR EXTRAORDINARY.GAZEI'l'E, DEC. 8~ 1994 -------~-----------

. (2) If the District judge finds tlw.t the electio~ 0+ any person w~ ~riv~lid.h~ shall either....-

(a) declare a ceeue l vacancy to have arisen.or

(b) declare another ~4idate to have been duly elected, which even course appears~in the particular circumstances of the case,to be more appropriate;and in either case the District judge may award costs in his dicretion.

(3) In the event .of the,' District judge declaring a caElual vacancy to' have arisen,he shall direct the Municipality to take proceedings,for tilling the VdCdIlCY. Avoidance

of elec-:-

tion.

41.(1) Notwithstandinq anything contained in section 39.if th~ District judge.in'the couree of hearinq an elect.lon petition.is ~f the opinioo tho.t the ev iuence discloses \ that corrupt practices at the election proceedings in question,have preveiled to such an extent as to render it advif~le to set aside the whole of electron proceeurnqa.he shall paa.s a conditional order to this eftect and give notice there of to every candidate declared elected who has not . . already been ~~de a party in the case,calling upon such cenc idat.e to show 'cause why such conditional order' should not be IIIi1de final.

(2) Thereupon every such candidate may eppeer and ahow cause, any may have re-called for the purpose of putting question to him, any witness who has appeared in the cese,

(3) The Djstrict Judge shall thereafter either cancel the conditional order or make it absolute in which case he ahall direct the Municipality to take measures for holding fresh election proceedings.

Disqualifi- 42. The ristrict Judge may dec Iare any cation candidate found. to have coromi Hed any corrupt tor t; practice to be ineligible tor he~ng a member, or corrupt for being appointed or retained. in any office or practice. place in the gift or at the dis~l of the , Municipality or tor beinq regist~red as a voter, for such period not exceeding f~ve years as the District Judqe IllaY determine. '.

C. Election Rules

Conduct of

elections

and rela-

ted

matters.

4::J. The Admtmatrator after conaulation with the Election Commission may, by notification. make rules consistant with the Hequlation. for the purpose of regulating all or any of the following matte~,namely:--

THE ANDAMAN AND NlCOBAR EXTRAORDiNARY GAZE'ITE. DPC. 8, 1994 29

(a) the preparation an;i revision of electoral rolls and the adjudication ot claims to be registered as voters and objections to registration;

(b) the nominction of candidates

(d) tile num.ber of representatives proper for each w~rd and reservation of seata for wc.en;

(e) ~ly other matter r~lating to elections or election petitions in reepect makes no provision or inButflcient provlBion:~d

(f) (my other matter r'eceseerv for securing the due const i tution of Hur icipal i ties. CHARTm V

A. Dut.Iea and powers of Municipal Authoritles 44.SulJ.iect to such exceptions and conditions as the hdminiatrator may tram t_ ,make and impose,lt shall be the duty of every Municipality to make re30nable provision withi~ the municipal~trea for-

Duties and

powers ot

municipall ty .

(a) urban pl~~ing includin~ town planning:

(b) requlet ion of land use' and construction of buildinqs; ,

(d) roads and bridges;

(e) wateI supply for dCD99tic industrial and commercial purposes;

(0 oum rc health.sanitat1on conservancy and solid waste management;

(g) fire services; . .t n) urban forestry, protect 100 of environment and promotion of ecoloqical asp~cts;

(i) safequarding the interest of weaker sections of the society, includinq the handicapped and mentally retarded; •

(j) slum improvement and upG;radation:

(k) urban poverty e l lvfet ror.

(1) provislon of urban amer,ities and facllities such as parks, gardens pla~TOunds;

(m) proaot fon of cul ture.I . educational and aesthetic aspects;

(n) burials and burial crounda, cremations. crematlon ~ounds and electric crematoriums;

(0) cattle pounds, prevertion of cruelty to animals;

(0) vltal statlstics includinq reqistrations of biiths and aeaths;

tq) publi~ amenetics including street liqhtinq, parkinq lots, bus stops and public conveniences:

_. __ .. , --- --~- - ---- ----------- . _------- 30. THE ANDAMAN AND NlCO.BAR EXTRAOHDlNARY GAZf:ITE, DEC. S, 1994

(r) securinc or reIll1.>v:inq denqeroua 1mj ldinqFl or pl~pe.s; . . :. .

(9) so.n~tr4.9ting. al~~r-ing aqd ma~qtain~nq p~l~c. streets other IDa jor roads other than cul verls,

. markets, slaughter-house. latrines.privies. urinals. drains drainage-work and sewo.rage-work subject~ to the direction and general control of the Pubi ic Work Deportment; .

(t) maintaining the' developing· the value of property vested in. or entrusted to. the management of the Municipality;

(u) preparing such returns, statements . and report~ as the Administrator may require the Municipality to BUbmit; and

(~v) fulfilling any obligation imposedi';upon it by law. .

45.(1) The Administrator may direct that the Municipality shall make provision for any of the follOWing matters within the uuntcape I area, subject to any exceptions and condi tiona that may be laid down by the Administrator, namely :-- la) reclaiming unhealthy Iocal t t ree.,

(b) taking of census and reqist.ration ot vital statistics;

. (d) securing, or assisting the securing oi , 'suitable places for the carrying on of any dangerous or orrenmve trade or manufacture;

(e) establishing and managing ponds and performing such Cunctions and of the StQte Government and the Mag~strate of th~, District as may be transferred to the MWlicipality. under section 31 of the cattle Trepass Act. 1871. ·(f) holding tairs and exhibitions. and arranging ~entertainments functions and public receptions, with the previous approval ot the ~dminiBtrator:

and

(q) adopting' any measure, other than a measure sPeCified in section 42 or in thil;' sub-section likely to prceote t.he public safety health of convenience.

(2) A Municipality may. with the previous approval of the Administrator. make provisions tor the extensi~n beyond the limit of the Municipal area of the :benefits of the , Municipal undertaking.

(3) A Municjpality may also make provision wi thin or beyond the l1mi ts of th~ MuniCipal ar~ for the doing ot anything wheron expenditure 18

Discret- ionary functions of Municipality.

------------- . THE ANDAMAN ANI) Nl BAR EXTRAORDINARY GAZZITE, DEC. 8, 1994 31 --------------------

declared by the Administrator or by the

Municipdl ity with the' sanction of the

Administrator or by the Municipality with the

eenct ion of the Administrator, to be an

appropriate charge on the Municipal Fund.

J' 46.(1) MunlCipallty &~y. sub;ect to the

provisions of section 631ft .bye-law. empower a

sub-commi ttee of the ('''hairiPeraon, any member or

the Secretary of the Municipality to exercise and

perform 81lD ject to such conditions, restrictions

and 1 im l tat ions as may be imposed by the

Mwlicipal ity all or any of the powers and duties

conferred. or imposed on the Municipal ity by any

of the orovtaione of this Requlation.

(:2) JUly .bye-law made under sub-aection ( 1)

• may prov iue that any order passed In the exercise of the powers or performar.ce of the duties so deleqated shall, within ~uch time as may be therein ~,recribed, be subject; to appeal to, or revraron I.y, the Municipality.

D. Duties of Chairperson and Vice Chaarpereon

47. l t shall be the duty of the Chairperson of a Municipality, --

(a) W11 ess prevented by rea.eooab 1 e cause. to convence and preslde at all meetings of toe MunicIpalIty and to control) in accordance with the bye-laws made in this be~alf. the transaction of business threat :

(b) 3M ject, to the .orovrenone of this Hequlatloo. Cnairperson shal~ have general powers of meepe rt ion and may qivt' direction to the Secretary with reqard to th~ implementation of any r-eso lrt ion of the Muni~~pality or a SUb- commIttee tn the discharqe 0: any obligatory and daecret ionerv functions of the Municipality and the secreturv shall canpl y W:. th such directions. The Chairperson may call : any record of the Mun i ci pa 11 t; Y from the SecrE .. tary and the eame shall be made available t~ him and ahal be returned bv him within fiftet,n days fran the date they are ~lde available; J

tc) thtJ chairperson- shall not be eligible to be elected llS chairperson of. any sub-callnittee;

(d) It the chairperson i~,at the time of his election Eta chair-person, the chairpernon or an elected mflm.ber of a eub-ccea rtee he shall cease to hold otfice as such chair~rson or member of such committee.

("e) it any vancancy OCCur3 rn the off ice the ' chairperson of any suD-committee. the Chairperson shall convent, a meeting ot su in sub-coemit.tee tor the elect i en of another cnear oereon. De 1 eqat ion

of powers of

MunicipalIty.

Duties of

Chairperson.

'.'

32. THE ANDOON AND NlCOBAH EXTRAORDINARY GAZEITE~ DEC. 8. 1994

(t) to perfo)~ such other duties as are r~~red t9r or nny be' ~mpceed 'UP9fl him by or under this Hegulatlon.

48. (1) it. shall be t.he duty of the Vice , Chairperson present-

(a) to perform,during the' continuous absence of the Chairperson from the:city for mare than eight deya.or in incapacitated: for more than eight days or durinq a vacancy in the office of Chairperson, the duties of the GM.irperson described in sect ton 45;and

(b) to perform such other duties as are required of or ml~y be imposed upon him by or under this Hegul~tion.

(2) A Vice C~nairperBon performing of the duties, of the Ch~irpeson in the 1 c:ircumatances ~ stated in clause (~) of aub-eectibn (1) shall have all the power3 conferred on the Chairperson by or under this Regulation. '

C. I:J.lliRGENCY POWERS

49, (1) In case of emergency, the Chairperson of a Muncipality may direct th execution ot any work of the doing of o.ny act which the muncipality is empowered to execute or do; and the immediate execution or doing of which is.in his opinion, neceeeery for the preservation of the valuable propertT or for the safety of the public,and moy also direct that the expense of executing such work or doing such act shall be paid trom the Munj cipal Fund .

Provided Ulat every direction given under ttris section shal ) be reported to the Muncipality as its next fol.loHing meeting.

(2) The Chairperson shall not act under this ~ section in contrevent.ion of any exprese order of the Municipality.

(3) The Chai:'~person may. prohibit. until the matter has ~n considered. by the Municipality, the doing of any act Which is, in his oparuon. W1.iesirable in 7, the publ ic interest. provided that the act is" one Which the municipali ty has DOWer to prohibit.

(4) No direction given 'under this section shall be questioned in any court on the ground that the case was not one of emerqencv.

. :

Duties of Vice-chair- pereon , /'

------ THE ANDAMAN AND NlCOHAR .EXTRAaID~ARY GAZE'ITE, DEC. 8, 1994 33 # '~~

~. -::~ -.-

00. ( 1) The Bub-caomi t,tee for taxation and finance shall deal with all matter relatinq to finance.taxation,accounte ind audit and all other matters not specifically _igned to the BUb- caIIIlittee for public healtll or the e~ittee for works Which are requi~ to be dealt with by or under this Regulation. I

( 2) The standinq fcallllittee for publ ic health shall deal with al~ matters relatinq to public health and sanitatiion.The sub-oommittee for works shall deal with ~ll matter relatinq to publ ic wore, town planning rand improvement.

(3) The Muncipal:ity shall,by bye-laws framed ror the purpoee idet.ermme the powers and duties of each ~ su.b-caDmittee • not specially.provided for inithis Requlation and may,by b'le-law.provide fo:r a conference of two or more 81ib-Committees or fpr the appointment out ot such t::ommittee ot a joint camnittee for any purpose i.n respect of which they may be joint 1 y intereste(! .

,4) The eub-caDlDi ttee tor taxation and r rnenca.un add1titon to the powers and duties assigned to it under the ~ laws-

r. '0

(a) aha l I supervise th'e utilisation of the budqet qrfUlts:

(D) slldll have assist to the accounts of the MunlCipaLl ty , and may reqJire the Secretary to furnish (my clarification Iwhich it considers to be necessary as to the rece~pts and expenditures of the MWlicipal F'und:

(c) may conduct a m:>nthly audit of the MunicIpal accounts and aha! 1 be boUnd to check the monthly abstract 'of receipts and dis.bursemenw toi the precedinq 'IIIOIlthS as furnished by the Secretary ;'.f

(d) may. eub;ect to the approval of the MuniClpallty. write of the amount of any loss. or depreciat:on caused to the Municipality property which appears to the callDi ttee to be irrecoverable; .

Provided that where th~ amOunt of any such Iose or dflpreciation exceeds rupees one thousand, ot shall not be written ott except with the previoUS ~;anction of the Mu:licipal ity. l~) the Municipality ehall sanction such staff as may reasonably be:required by the sub- committee~~ to discharqe! their respect.ive function.

" . Functions of Sub- CaDmittees.

-;»

34. THE ANDAMAN AND NICOBAR EXTRAORDINARY G~. Da:, 8, 1994 '---------------------------

51. (1) Wherever, "it is proviq(:)d by the Regulation or MY other ,lav. for the tGme been in force that the Secretary may take a~ion subject to the approval, sanction, consent or concurrence of a su.b-canmittee. the trub-canmittee may. by resolution in writing. authorise him'to action in anticipation of its approval. sanction I consent or conCUITence subject to such condition, if any as may be specified in such resolution.

(2) Whenever the Secretary. In pursuance of· such resolution. takes any action in antiCipation if the approval. sonction, consent or concurrence of a sub-committee. he sholl forthwith inform the committee of the action so taken.

52.(1) Subject. whenever it is in ,this Regulation Expressly so directed, to the approval or sanction of the MWlicipallty or the auo- committee consent and subject ~lso ~o all other restriction, limitation and condition imposed by , "this Regulation or by any other law for the time being in torce. the executive power tor the purpose of carrirg out the provisions ~t this Regulation ,and ot any other law for the time being in force which impcees any duty or confers any 'power on the }'IWlicipali ty shall vest in the Secretary, who shall Qlso --

(a) perform 611 the dut:ie5 and ~xerciae all the powers specifically impoeed or conferred upon him by or under tIlis Regulation or by any other law for the time bdng in force; ,

(b) in any enerqency take such ilIlD8didte action for the service or safety ot too public or the protection of the property of the Municipal i ty as the emergency ahall appear to him to justity or to require, notwiths~anding that such action cannot be taken under this Regulation without the Sdllcbon. approval or authorit.y ot' acae other municipal authority or· of. 'the Administration:

Provided. tnat the Secretory shall report forthwith to the sub-committee 'concerned and to the Municipality the action he h~ taken and the reeeona for takmq th~ same and the aJaOWlt of cost, it any, inc\.lrTed or likely to be incurred in consequence ot such action whic~ is not covered by a current budget grant under the provisions of this Regulation.

Delegation

ot powers to

Secretary

'ey sub-

Committees.

•. Functions of the

Secretary.

tHE ANDAMAN AND NlCOBAR EXTRAORDiNARY GAZEITB. DJJ;. 6. 1994 35 ,---------_).--------~--------

(2) Any powers, duties and functions conferred or impceed up6n or vested in the MunicipaUty by any other -law for the time being- in force shall subject to the Provisions of such law. be exercrsed performed or discllarged by the Secreta!) r •

l3) /\11 correspondence relating to any matter dealt with. by or under this Regulation or Under any ot her law between the' Municipality and the Government or other authority ehall be conducted by the Secretary and the'Secretary shall send copies 01 such correspondence to the Chairperson. De 1 eqat:ion :'3. Sub ject, to the ru Iee made under the of Secre~ Regulatlcn. the Secretary, ,MY delegate to any tervs crf icer of the Municipalit')r supordinate to him. ordinary any of ris powers other than the powers under powers. clause ( t ) of au.b-sect i on (1) of secti on 52. Custody of

records.

. '

" . , Ordinary andspe- Cidl

meetings. , '

54. '1 he Secretary shall be reponaible for the custody of all records of the Municipality includinq all papers and do=uments connected with the proceedings of the Munir::ipality sub-cccmittee and other committees .

CHAPTER, VI

T~SACTION OF MUNICIPAL BUSINESS A. Meetings

55. (1) Every Municipality shall meet for the trensect ron of business atleast once in every month at ,~uch time as may f~xed by the bye-laws. (.G) T1e Chairperson. may, whenever he thinks fit. and ;3hall. on .e requis:.tion made in writing in thIS ~3half by not less than one-fifth of the members. convene. an ord:i nary or a special meetinq a~ any other time.

(3) 'wery meeting of M\.nicipality ,shall be e i ther orumarv or specie i . ! , \

(4) }\ny business of th~ Municipality MY be transactetl at an ordinary meeting unless required by this Hequlation or the ~lee made thereunder to be transacted at 'a speci~ 1 meeting. Quorum. 56. ( 1 ' The quOrtml ·necessary for the t.rensect.ton of business at a special meeting of Municipal ty shall be one-half of the number of elected Ilem.bers erving for the t.ime being, but shall not be less than three .

. l

36. THE HI ______ .;..~,DAMAN AND N:'~ EXTIU,ORDINARY GAZEITE, DEC. 8, 1994 -----

(2) The quorum necessary for the tranSaction of busineaa ot an· ordinary meeting of Municipality shall be one-third of· the number of mel!ibers serving for the time beinq. but shall not be 1 ees than three.

(:,) 1 f' .r]. i'IlIY •.. ·1 (I illdlY or :-;p;.:.;r:iill nll~At,inq a qUOI'WU j1-l ll('l.· 1'.r(,X.;('~1l1. Lho CII("l.lq~· r"(,I(1 :..;11.:111 ad journ the ml;tlL:i.HQ' to such other day ~B he may think tit. and that the .business which would helve been brought before- the oriq.inal meeting if there had been a quorum present, shall be brought

before. and transacted at the adjourn meeting

whether there be a quorum present thereat or not.

Chairperson 57.(1) At evelY meetinq of a Municipality, meeting. the Chairperson. i1 present, shall preside.

(2) If the Chelirperson is not present. his place shall be takon :by the Vice-Chairperson and fif there be two Vic:e-Chdirpe:rsoo then the senior Vice-chdirperson nnd if he too i8 olJsent by the junior Vice-C""hairpnrson.

(3) It there be no Chairperson or Vice-I- Chairperson preser It such one of members as· the members present ';laY elect. shall preside as Chairperson.

Vote ot

maiority

decislve .

58. Sdve as otherwiee provided by this Hegulation or any rure , all questions which come at meeting of the Huniciaplity, shal.l be decided

. by a tna.lority 0:': the votes of the members present, the Cna ir'oereon of the meeting, in case of an equality of votes. having a second or casting votes.

·5Y. Any meeting of a Municipality may, with the consent of a m,ljori ty of the members present thereat. be adjourned to SOOle other time Md buainess left und isposed of at such meeting shall be carried over with priority to the adjourned ~meetinq.

60. No resolution of a MWliclpa~ity shall be modified or cancelled within six !month3 after the passing thereof --

(a) unless previous notice has been given to the members setting forthfully the resolution it is proposed to modify or cancelled and the motion or proposation for its modification or cancellation; and

(b) otherwise than .by a resolution supported by not less than one-he lf of the total nuaber of members serving at the time.

Adjournment

of meeting.

Cance l Ie.-

tion of

resolutions.

- .

.•.. I , TIlE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE. DB:. 8, 1994 37 61.(l) Minutes of the proceedings at each

meeting of the Municipality shall be drawn up and recorded in a book to be .kept for the purpcee shall be siqned by the Chairperson of ·the meeting or of the next ensuing meeting. shall be

publlShe(i in such manner as the ,l\dminlstrctor may direct, and. shall. at all ,reaSonable times· and wi thout charqe , be open to inspection by any inhabitoolt of th~ Municipal area.

U) 1\ copy of every reeolution passed at any meeting of a Municipality shall. within ,ten days frOOl the date of the meetinq. be forwarded. to the Deputy O.Gmissioner.

I I,

62. A Municipality ~ may make bye-laws consistallce with this'Re

(a) i.he time and place 'of its meeting;

(b) the manner in which notice of ordinary and speci al meetinqs and ad journed. meeting shall be qiven: '

( d ) the custody of the ccamon seal and t'he purposes for which it shall be used;

(e) 1he procedure ot s~J-committeee appointed under section 18 the fillinq of casual vacancies therein. the number neces~~ to form a quorum at meetinqs thereof, and other matters relatinq to such comndttees.

(f) the person tJy whcm receipts may be qranted on behalf of the Mtmicipality for lOOney r-ece.i ved under this Requlabon.

(gl the appointment" duties. executive powers, leave. suspension 'and removal of its officers and servants; and l

(h) ell other simmilar

63.lJ) A Municipality may. aubiect to the provisIons of this Requlatio,n, delegate to one or more ot its members or to the Secretary of the Municipality the power of entering on its behalf Into any partioular contract whereof t'he value or amount dc-ea not exceed two hundred rupees or into any clas~ of such contracts.

Minutes of

the meeting.

• Bye-law for conrjuct of buamese . Authority to contract.

38. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DEC. 8, 1994

.Hudqet.

--------_.------,----------

(2) No contract by or on .beho.lf of 0- My.niC?~~l~ty whereot-the value or mIlOWlt exceeds ~W9 llim~~d rupeea, shall ~ entered into until It has been SdnGtioned at a meeting ot the Municipality. ,

64.(1) Every contract made by or onbehalt of a Municipality whereof the value of amount exceed one hundred. rupees shall, be in writing and shall' be . signed by two members, of I whcm the Chalrperson or a Vice-<..1lairpereon s~ll be one and countersigned by the ~ecretary:

Mode· of

executing-

contracts

and tro.nster

of property.

Provided that when the powers of entering into any contract on bebalf tbe Municipality has been delegated under section 63, t.he aiqnature or signatures of the members or members (or the Signature of the f.ecretary) to 'rihOlll the power has been delegated Bh~ll be sufficient.

(2) Every tl ensrer of immovo..ble property .belonging to a Mlm:icipality other than a Leaee for a term not exceeding one year shall be made by an instrument. in writing, executed by the ChClirperoon or 0. Vice-<:hairperson and by atleost t .••• o me.wbers of the MuniCipality whose execution thereof sMll be nttested .by the Seqretary.

(3) No contrect or transfer executed. otherwise than in conformity with the provisions of this sectiQn shall be binding on a Municipality.

•••• 1" ,

C. MUNICIPAL BUDGET

65.(1) Every Municipality snail,have prepared and laid before it. at a meeting to be held ··"in every year before such date as is f~xed by rules in this behalf. o. coeplet.e account pf the actual and expected receapta and expendi,(;ture tor the year ending on the thirty first day of March next follOWing such date. together with a budget 1/ estimate of the j neane and the expenditure of the Municiaplity for the year commencing on the first ' day of Apri 1 next following.

(2) Ina Mun~cipality shall at such meeting decide upon the appropriations and the ways and means contained in the budget estima~e and by !' special resolution, eenct.ton a bUdget which shall be subbitted to ~he Administrator.

(3) The Municipality may vary' 01;" alter fram time to time ns circumstances may render desirable. by special resoluti?n. the hudget sanctioned under sub-section (2).

','

" .'

, l THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZETTE, DEC. 8, 1994

' ... i

66. As soon as may be af~er the first day of October. a revised budget f9r the year shall be frmned and such revised budqet shall so far as may be subject to all the pfovisions applicable to a budget made under sectiOn 65.

Special pro- 67. (1:. In framinq a :budqet th6 Municipality visions shall provide for the maintla08 of such .inimum as to c losma be lance (it any) as he Administrator may budqet. by order 1n writing preecri .

. ~ , ( 2) Notwi thstahding anythinq contained in this R~llation the budget hf the Municipality shall b3 subject to the! sanction of the AdJninistr.itor and that the ;power to vary or to alter the budget under B~Ctjon (3) of section 65 shall be subject to such lconditions as may be imposed by the Administratot.

Revised

budget.

, "

" '

Expendi ture 68, (1 ) Where a budget has been passed. the not to Municipal ity shall not incur any expenditure exceed under any of the heads of the budget. other than budget a head providing tor the refund of taxes. in allot- excess of the amount ~ under that head, ment, wi thout making provision for such excese by the variatior. of alteration of the budget,

( :2) Where any expendAure under any head providing for the refund of taxes is incurred in excess of the amount pasSed under that head. prov fs ion shall be made WIthout delay for such expenditure .by the variatiqn or alteration of the budqet. . I

;. .

,. -:. ~

CHAPTER1 VlI

MUNI<:IPAL FINANCE. PROtERTY AND TAXATION ~

A. MUNICIPAL FINANCE ~

._ .

Municipal 6~. ( 1) There shall' be tonaed for each Fund. MUnlClpaHty a fund to be called the Municipal fund. end there shall ~ placed to the credit thereof,

t a) the proceeds of 411 taxes. fines (other than the fines imposed by a court). penalties and tOOH levied under this Regulation;

(b) all 8UlllS received by; or on behalf of. the MunlClpality under this Regulation; ~

(c) all sums transfe::Ted or carried to the credit of the Municipality under any of the provtsnone of the Regulations or any other law for the time being in farce;

'"'

", . , '

40 . 11iE ANDAMAN AND NICOEAR EXTRAORDINARY GAZEITE, }).EX:. 8, 1994

(d) all rents and profit,s, 4ccruin~ from p!Operty vested in the Municipality or managed by It; and .

, ~ , (~) all sums assigned. to the F~d by tho ~dmlnlstrator or by any other authorlty and all sums ~ontributed th~~to by any 'coommittee, authonty or private person.

(2) The MWlicipal Fund shall vest in Municipality, and the balance at its credit shall be kept in the Sto,te Bo.nk of India, or with the previous sanction of the Administrator in any 'Schedul~d bank has defined in the Reserve Bank of India Act, 1934:

Provided that any portion of such balance may, with the previous senct icn of the Administrator be hept in the Post Office Saving Bank. or be invested in such I Government Securities as may be approved by the Administrator;

Provided fur t.her tl\at such sum, not exceeding an 'amount specit ied . in this behalf by the Administrator as is required for day to day expenses of a Municipality may be kept by the MuniciPality at ':.he Mwlicipal office in sa.fe 'custody.

70. The Ce'ltral Government may. "r1:I notification dec lared that all fines and any other sums 'recovered from person convicted of offences committei within the municipal area against this Requlation or any rule; of bye-laws made thereunder, or'agains.t any other law for the time being in force, SM.ll be carried to the credit of the Munjcipality of that area.

71. (1) The Municipal Fund shall De cnerqed wi th the payment ct expences on -

(i) fulfilment of any liability or ODliqation arising from trt~~ legally imposed upon on accepted by the Mlnicipality;

(ii) the munjcipal e6ta:blis~nt including such' subscriptions and contributions as are payable by the MUllicipality under this Regulation and the rules mad(~ thereunder,

(iii) duditLng the accounts of the Municipdlity;

(iY) such other matters as may he specified by the Administra't.or from time, to' time. 'r

Certain sums

may be

carried to

credit of

Municipality,

• -4- Application of MWlicipal Funds.

THE ANDAMAH AND NI())BAR EXTRA<»IDINARY GAZIm'E. DB:. 8. 1994 41 73.(1) Subject to the provisions of this Accounts Regulation, or any rule 'or bye-law made and audit. thereunder, every Municipal~"ty shall keep and maintain a detailed account of its receipts and expenditure.

(2) The accounts of receapcs and expenditure kept and ID1intained by a Mun~cipalitY shall be examined ~nd audited in ,such manner the Administrat~r by rules prescr:bed in this behalf.

(2). Subiect to the charqes specified in BUb- section ( 1) and to such ruleS as aay be mde by

the Administrator with respect to the priority to be qiven to the several duties of 'the Municlpality, the Municipal fund shall be applicable to the payment of expenses incurred. for the purpcee ot any obJect1oi duty which is to be or may be undertaken by the Mwlicipality in accordance will the provisions of this Regulation.

" '. 72.(1) '[he Finance ~ieBion constitued underaection 186 of the Ar~daman and Nicobar lslandB(Panchayata) Regulatlor'.i 1994, shall review the f manc ie l poeition of the'Municipalities and make recomendations to the President as to,

(a) the principles which should govern, ,

(i) the determination of taxes. duties, tolls and fees which may' assigned to or appropriated by the Municipalities;

(ii) the grants-in-aids to the Municipalities from the consolidated Fund of India;

(b) t.he lDeaSUre9 needeCj. to improve the financial PJBitins of the Municipalities: .

(c) any other matter reteired to the Finance Commission by the President ~n the interest of sOW1d f mancee of the MW1ici~lities. .>

'."

B. MUNIClPAL PROPERTY 74.(1) Sub;ect to any ~pecial reservation made; or to any specae 1 any eoodftiona impoeed , tJy the Administrator. all property of the nature hereafter in this section, specified and situated wi thin, or, where expreeal y 50 provided beyond any municipal area, shall vest. in and be under the control of the Municipali~y and shall be held. and appl ied by it for the purposes of' this Requlatlon. that is to say -

; .

Construction

of Finance

Commission.

Property

vested. in

Municipality.

42. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEl1'E. DOC. 8. 1994 --------------------------

(a) all public lIlQI"keta. slaughter-houses and other bui1din~s of every description (whether within or beyond the m.unicipal area) which have been construct"ed or are maintained out of the Municipal Fund.

(h) all public streams, tanks. well I springe and . works. (whether wi thin or beyond the Municipal area) for the supply ~torage or distribution of water for public purposes within t.he : Municipal area. and all bridges ~ bui 1ding ,

. engines. lDdterialE.1 and things connected their \!ith or appertaining thereto and any adjacent fa.nd (not being pnvate property) appertaining to any public tank or well; . --

(c) all pubLc sewers and drains, and all sewers, drains culverts and water courses in alongside, or under any street and 0.11 works materials and thinqs appertaining thereto

(d) all 'dust, dirt. dunq. ashes, refuse. animal matter or t ifth or rulJl>is'h of :a.ny kind or dead :bodies of animals. collected by the Municipality from the streets. houses. prlVle9, sewers, cesspools or elsewhere or 4eposited in places fixed by the Municipalityi under this Regulation;

(e) all publ ic lampe. lo.mp apparatus connected theirwith or thereto;

post.s and

ap~.x:taininCJ

(r ) all land cr other property, within beyond the municipal area, transferred to the ~unicipality by the central Goy~rnment or acquired by gift. purchase. or o~herwise for local Public purposes: and .

(g) all pub) ic streets (other than lIldjor roads) not beinq open spaces or lands owned .by Government arid the pavements stones end other materials thereof, and also all trees erections, materials. Imp lement.s and things provided for such streets.

(2) . Where any immovable property is. transferred otherwi se than by Sdle .by the Central Gove'rnment to a Municipal i ty for pUblic puroceee , it shall he deemed to be a condi tion .,. of such transfer- unless specially provided "to the contrary. that ehoul d the property :Qe at any time resumed by or under the. authority of the Central Government. the compensation payable therefor shall. notwithstanding anything to the contrary in any law for the time being in force. iJ;l no case exceed the amount. if any, paid. to the

• Central Government for the t.renerer , together ;,

THE AHDAMAN AND HlCOBAR EXTiA

(2) When any public institution has been placed under the dir~ction, manaqt,jaent and control of e Municipal ity all property, endowments and funds belooqinq thereto shall be held by the Municipality in trust far the purpoees to WhlCh such property, endQl~nts and funds were lawfully applicable at the time when the lnstitution was so placed:

Provided that the extent of the 'independent authority of the municipality in reep!ct of any such mat a tution may be defined by the AdlDinietrator:

Provided t urther that nothing in t nfs sectioo shall be· held to prevent the vestirlq of ClOy tl-uat-propert), in the Treasurer of Charitable Endowments under the Charitable Fndow_nts Act.

1890.

Acquisition 16. When cny land, whether within or without of land. the 1 1mi ts 01 a muni cipal area is required far the PllTpOS*S of this Regulation. the

Administrator may, at the request of the

Municipality, take suitable steps under the provision of ~y law for the time beirg in force, to Bake such land available. to the )\unicipality and on paymetlt by the Municipality 01 all such chanqes as may be determined by the A(ministrator the land sha!} vest in the Municipal it.y. EXPLANATION ; - When any land : 8 required. far a new street or tor the improvelient of an existinq atreet. the Municipality IQaY request; for. in addition to the land to be occup..ed by the street, the I and necessary far the e.. tee of the buildinqs to be errected. on both Si

of pro-

perty

vesting

in Muni-

cipality,

71. t L) A Municipality may, aubject, to rules made in th LS behalf by the AdJlinistrator. transfer by alie, IDQr'tgage. lease, gi·:t. exchange or otherwise .my property vested. in i" ~ I not .beiD9' property he 1 I by it on any trust th ~ terms of which are inconsistent with the right so to transfer.

44. IHE ANDAMAN AND NICOBAR RXTRAClIDlNARY ~,ITE. Da;, 8, 1994 Saving of

, Act 9 of

19H.

, (2) NotW'ithatanding anything ,contained in ~tion (1) a Jilmicipality ~y. 'W~~~ the sanctlon of the Administrator. 'tr~ter to

. Government any pxyperty vesting in the Municipali ty under section 74 or: section 'l!5 but not so as to affect any trUst or ~lic rights subjects to which the property. is held.

78. Nothing in this Regulatioo{ shdl affect the provisions of the 10C41 Authpri ties Loena Act.1914.

Definition of "annual Value".

C. MlmICIPAL TAXATION;')'

'1 For the Purpoee8 of this Regulation

"annual value" means- '

79.

< '

(a) in the case of land the .9:r~ omnual rent 'at which it may reasonably be expe8:8Il~-l~ft fran year to year: '.' : .-,_---

Provided that in the case of l'and aeaeeated to land-revenue or of w,hich the lan:d-ro,venue has been wholly or in ~t exa.pt.ed or. Telilitted. the Administrator may direct that the ,; «U'lllUGl value shall be deemed to be double the amount cjf the land-revenue for th&-tima being ~Jed OIl the land, whether such assessment is l~viru)le or not. or. when the land-revenue has been wh>lly or in the part exempted or nMIlitted, double 1:he amount which. but tor such exemption or r~is:Loo, would have been leviable:

''': ..

(b) in the case of any house Clli DU:llding the gross ClfinUdl rent·, at which aUch hou8e or blildinq. together with its appurt~l:es and any furniture that Itlay be l.,t for ~ i or, enjoyment therewith. ',may reasooablly he ~te

~ ..

(i) such deduction not exceedinq twenty per centum . of the groes- annual tent os the. Mwlicipal ity may consider a reasonable allowances on account of the furniture let with the house or building~

( i i ) a' deduct, ioo of ten per centum of the balance of the groes annual rent uteJ' allowing the deduction (:if eny) , under sul>4;lawle (1) for coat of repair'S and for all othel' expenses neeeeeery to mamtain the bui'.l()'ing( iR (\ State to coaaand such gross annual rent:

(iii) where land is let with a~; buLding. such deduction, not tJxceeding twenty per centua of the gross annual rent • as the Mun'icipHlity may consider reasonable on account of the actual

" ,

------------- -- THE ANDAMAN AND NlCOBAR EXTRAORDINARY GA;zrrE, DOC" 8, 1994 45 ------------

v . "

expendi t.ure , (if any) annually mourred by the

owner on the' upkeep of the land :In a State to

ccamand such gross annual rent .

(c) in the case of any house 0]' building the groes annual rent of which cannot be determined under clause (b) five per p,entwl of the sum \ obtained by adding the estima~ed present, cost of erecting the bui Idinq less such ~lIDOunt as the Municipal i ty may deem- reasonable to be deducted on account of depresation (if any) to the estimated ~ket value of the sitE' and any land aopertainillq to the house of buildjng; Providod that -

(i) in the calculation of the annual value of any premises. no account sMll re taken of any machinery theron ; and J, ,

Iii) where. in the opinion of the

Municipality. the annual value of any buildinq would by reason of exceptional circumstances be excessive, if calculated accordance with the foregoinq provisions 'of this section. the Municipallty may fix the annual ~alue as such less amount as appears to it equit~ble .

. '

Explanation 1. -- for the purpose cf cteusetb) • it is immate1:"ial Whether the house or building ,and the rumtxure and the land let for use or enjoyment therewith. are let :by the same contractor by different contract 3 and.if by different contract,whether such contracts are made simultaneously or at different times. Explaniltion n.-The exp~sion "gross annual rent"does not include any tax p6iable by the owner in respect of 'Which the owner and tenant have aqreed that it shall be paid by the tenant. 80.(1) Subject to such qeneral or special orders a3 the Administrator m!y make, a Municipali ty may in the manner provided by this Regulation impose any of the' follo~inq taxes in the Whole or any part of the mu 1icipal ares, namely:-

, ,

(a) a r.ex on building or .le ids or .both, payable by the owner, not exceeding.--

" (}) ten per centum of the annual value; or

(ii) fitty paise per square )netre of the qround area per annum; or

(i i i) rupees three per runn inq foot of tront~qe jn streets and bazaras per annum. '""

Taxes Which May be imposed.

46, , TIlE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE, n.EX:. 8" 1994 ---------------_._---

(b). a tax on persons practiajng any

proreeaion or art, or carying on any t.rade or

calling Within the MuniciPal area;

Provided that the total amount of f;ucn tax

payable by anyone person, shall not exceed two

hundred and fifty rupees per annum.

(c) a true, payable by the owner, on all or any c~asa of vechicles.all or any (lass of animals or doqa , When the vehrclee, animals or dogs. as the case mo.y be. are kept 'Within the municipal area;

. (

•

(d) a tax of the nature of a toll on vehicles _ and animals used for riding. driving, draught or burden and entering the municipal ar~a; Provided that·~

(i) no tax sh~ll be levied in r~ct 'of any vehicle or animo.l for Which a tax iEi ?did under 'clause (c);

(ii) any Owner of such vehicle or animal may coapound for the +ax by paying the corresponding tax under cl~use (0) if such tax is in force in the municipal eree ,

(e) an octroi or a terminal tQX on animals or dogs or goods brought into or sent out of the municipal area:

Provided that no tax under this clause shall be imposed accept 'With the. previous sanction of the Administart<:>r to the proposal for the imposition thereof;

(t) a tax to meet the cost of constructing or maintaining works for supply of 'Water to the municipal area payable by the occupier or, if there be no occupier. by the owner, on the annual value of such buildings or lands are ~ so situated that their occupiers can benefit by , the

• works:

Provided that the rate of tax payable by any such occupier of owner as the case may be , shall be determined having regards ! among other considerations, to the distance of: the building or lands from t.he nearest point at which the water can be delivered from the works to their level!

Provided rurt.ner that no such tax snaIl be leviable in resJ~ct of buildinq or lands 'Which assessed to the qeneral 'Water-rate or the special water-rate as her'einafter provided;

THE ANDAMAN AND NlCOBAR BXTRA~iNARY GA:~. DB::. 8. 1994 47 ----

•.. ~ ."' i .

-, ".

I· ~, . ' { ii.i. \.l- Procedure

imposing

taxes.

n:. , '

(g) a. general water-rate plyable by the inhabitants of the municipal area.or a special water-rate tor water supplied by u~ Municipality under s'3ction 102 which may be asneseed in any form inc luding that of charge for nuch supply:

Prov.ided that no such rate eha:,l exceed. that 1 imi t OJ- 1 imi ts prescribed by the Administrator fran timH to time;

(h) a liqhting rate not exc~ling three per centum 01" t.he annual value of hold:.ng:

ProVJded that such rate shall not be levied in an al'ea where lighting arranqeuent have not been madf':

(j) ret.ee for general conservemcv or house scavenq inq on such scale terme and conditions' as MY be appr-oved by the Adnlinistr'at or fran time to time; I

(j) a tax on advertisement;

(k) a fee for qrant 9f permiSS<1(l to errect a building other than ~ hut;

( 1) 6 fee for parkill9 of busef: . lorries • taxis and other vehic~eB Where parking faclities or terminus for buses, lorries. tax) B and other vehicles !re provided by the municJpality;and

(m) alY other tax which may be authorised by the Administrator.

(2) I~otw;ithstanding anything contained in this R~11ation or any other law for the time being in force, the property belonginq to oovernmeni; shall be exempt frem all taxes mentioned in clauses (a), (c), (d). (e), (f). and

(h) of sun-aect ion (1).

(3) Uotwithstandinq anything contained in this Requlation, all t4X6S. rates, fees, or ceases which were beinq lawfully levied before the c~lncement of this Regulaticn shall,until S9IOO other provision ie' made under this Regulatioll, continue to be levied ar:d collected. in the same manner in which they were being levied and collected before such ccmencenent . 81.(1) Every Municipality

imposing any tax, obeerve

prescribed in this section.

shall,bc!fore

the procedure

------ --_ ---~-

48. THE ANDAMAH AND NICOBAR EXTRAORDINARY GAZElT~. OD:. 8. 1994 ------------~------~------------

~ (2) The Municipality shall. py a ,rel30lution passed. at a special ~ting trame, uropoee 1

specifying th6 following particulars,namely :- __

(a) the nature of the tax having r&lard to the provisions of section 80: ..

(b) the persons or claas of persons 011 WhaD, and the description of property or other taxable things or the circumstances in respect: of . Which, the tax is proposed to be levied; :

(d) the rules }'equloting the levy pi :he tax; ~d I

(e) any other u~tter Which the A~inistrator may by qeneral or special order ,requlre to be specified.

r (3) The MWl::.cipality shall publ bh the proposals in such rAMner as may be prsscr ibed by the Administrator and shall also publ iah ,~ notice inviting the ob jections and. sugg~ti')na in wri ting of the persons 1 ike 1 y to. be af f erted by such propoee la , Within a period of not lel3S than one month of the ~lte of such publiCation. /

(4) After the 4~xpiry of the period reEferd to in sub-section (3), the Municipality shall at a special meeting. take into consideration. the objections and S'.lgqestions of the aeoresaid persons recived (if any) and shall then either confirm ito resolution referred to in sub-section

(2) with or Without modification,amendnent or alterations, or abandon such resolution.

(5) When a resolution has been ®llfirmed by the.Municipality under eub-section (4), it shall he presented to the Administrator who may -- ~ e

(a) give his approval to the Tes

(b) refuse to give his approval' to the resolution; or _.

(c) return the resolution to the Munjclpality for reconsideration in the 1 ight cf such euqqeet.aons as may be ~de by him.

THE ANDAMAN AND NlCOBAR EXTRAORDINARY GI.zE11'B. Dll:. 8. 1994 49 i, ' ,

., .

(I, .01

.;:

.( .

.. ' , , •.

(6) If the Administrator giVES his approval to his resolutaon. he ehall notify the reeolutipn tpgetner ~it.}1 any ru les --which 118 'MY JMke under section 203 in respect of the tax and shall also BP'!Icify a date. not eer l i er than three months from the date of such notHication, fran which the tax shall ccael into force and be levied; I

Prov ided that a tax leviable by the year shall not ccee into force except en tl~e first day of Jenuarv. ApriL July or October in any year:

and if it comes into force on any iay other than the fin;t day of April. it shall be leviable .by the quarter till the first day of ~ril then next ensuinq.

('1) When the Administrator refuses to give his apPJoval to a resolution, it shall be returned to the Municipality.

( 8) When the Administrato, ~ returns a resolution to the Municipaljty, tb~ Municipality may either abandon such resolution or may, after reconsideration. amend, alter ,)r vary such resolution; and the resolution eo amended, altered ~r varied shall be pr&'Jented to the Administr,1tor and.be disposed of )>'Y him in the manner provided in suh-section {5},

(9) Tne procedure prescribed ill this section shall epo ly to any proposal to increase or decrease :he amount of. to extend or curtail the scope or ~ ffect of any t~.

no) _.\ notification under sub-flection (6) in respect of a tax shall be 'conclllBive evidence that such tax has been imposed in uccordence with the proviHions of this Regulation.

82. tlotwi thstanding anything contained in this Reou.et.ion , if at any time it appears to the Administnltor on a coapte irrt that l.fly tax imposed under this Regulation is un1air in its incidence or that the levy thertof or of any part then -of is In iurioU9 to the f r tereBt of the general public, he may require tht Municipality to' take vithin a specified. period. measures to remove t'be object Ion indicated by him; and, if wi thi n tlet peri od • the requlruDent is not complied with to the satisfGction of the Adminis~rctor. he may, by notification suspend the 1 evy c f such tax. or of such pe rt tnereor , as the ceae may be, until the object ion has been removed.

Power of

Administ-

rator to

suspend tax_

------ ---- --- ------

50. THE " ANDAMAN AND NICOBAR EXTRAORDINARY GAZETD~, DEC. 8, 1994 -----------------_:_----_ ,--_,---

83. (1) Every MW1icipality shall cuuse an ~sesament list of till buildings and lunda on 'W;~'~~p' any nex i6 imposed to be g;~epared containing ~.. . . . '.. .. , " . . '

. Preparation and publi- ~~tiQP ~~ , ~se~ent·

list.

(a) tbe name of the street or muh1lla in which the property is situated.

. (b) a description of the property 611fficent for the identification thereof;

_ .' (d) the annual value and the particulars on which the ennue.l ve lue is based; and

(e) the amount (If the tax assessed thereon by the Municipalitv .

•

(2) When the assessment list ha:3 been compeleted the Mumciaplity shall give public notice thereof, and ()f the places where' t 1e iiet of a copy thereof LIlaY be inspected: arl,i every pe~son claimlhg ~o be either the owner' or the occupier of the prot~rty included in th~ list. and any authorised aqent of such person 611a11 be at 1 iberty to inspect the 1 ist and to make extracts therefrom without charqe.

84.(1) The Municipality shall. at the time of the publication of the assessment li~t. give public notice of a time. not less than one month thereafter, when it will proceed to re~iBe the valuation and eseeeeeent and in all cases in which any immovable property is for the first time assessed. or the assessment tbereor is increased, it shall also give notice thEreof to the owner or the occupier of the propert-y. Disposal of

objections.

(2) Every objection to a valuation or assessment shall be in writing 'setting fcrth the grounds on wbich the valuat on or assesement is disputed and shall be left at the office of the Municipality .before the time fixed in tp~ note.

(3) The Municipality, or such suD-committee or officer of the MllOicipality or of Govt. 'as it may by special resolution appoint in thif: behalf, shall consider every objection duly, nede and shall, after giving the objection an ~6~lprtW1ity of being heard j n support thereof e: ther in person or by duly authorised agent. di5~ceed it of and make such c:cn.sequential amendment (if any) as is necessary'in the assessment list. 85.(1) When the Municipality or, the sub- Authenti- coounittee or the officer appointed', in that cation .behalf under sub-eect.don (3) of seetio!! . 84, of list .. has disposed of th~ oh jections and', Ila~e t~e necessary amendments in the assessment I rst, m the manner preecr ired in that sub-secLon, the

- .;..,

THE ANDAMAN ANI)- NlOOBAR ,EX'fR.A(E)IHARY GAZEITE, .Dl£. e, 1994 51 Further

amend-

ments of

assess-

ment list

and

annual

revision.^{J '}

Chairperson or the IleIIlbere lot the sub-oaIIIIaittee or the officer ae aforeeaid, as the·caae _y be, shall authenticate it and at the ••• ti.,

certify that no valid objection bas been z.de to. the val uatioo and &!I8Me1lent cootainecl in the list except in the cases in which aJlendaenta have been entered therein: and. subject. to such

aaendMnt:! ae MY thereafter be duly' ade. the

tax eo ae!3eS8ed ahell be deemed to be the tax for the year CQIDellcing on the first clay of April next ensuing and, in the case of a tax imposed

for the ':irst tiDe. for the period between' the date on ,,,hich the tax eceee into force and INch first day of April.

(2) '["he list when so authenticated "bell be deposited in the ottice' of the Municipality and shall thore.be open during office hours to all owners 01' occupiers of the property included therein cu' the authorised agents of such persons, and a p!tblic notice that it is eo open sball forthwith be publi8hed.

86. (1: The Municipality may, after glvlnq notice to any person affected by the aIen~nt,of a time n(lt less than one month frat the dAte of service, at which the amendment is to be sade, at any time ("Mnd the list by inaerting the nue of any pereor whose name ought to have been or ought to be ir~eerted.. or by inserting any property which ouqllt to have been or ooqht to be 1neerted. or by a] tering the a.eseeRent on MY property which htlf' been erroneously valued or aeeeeeed through 1raud. accident10r mistake, whether on the part of the Municipal ity or of the asaeBsee or, where in the case of a tax payable by the occupier Q change in the tenancy has, taKen place by altering the. name of occupier.

(2) Any person interested in any such amendment may tender an ob.jection to the Municipality in writing .before the time f1Dd in the notice, and shall be allowed an apportWlity of being heard in support of the same in p8t'8Cll, or by euthor ieed agent. as he may think fit. ( 3) 1 t shall be in the diecreation of the Municipality to prepare a new asaes..ent list every year. or to adopt the valuation and assessment contain in the 1 iet for any year, with such alteration DB may. in particular caeee, be deemed. nec~. as the valuation and. aseesf!llD.ent for the year following- • qi vinq to persons affected ?y such alteration the same notice of the val u ~.tion and assessment as if a new ~nt as if a new asseeement list had been prepared.

52. THE ANDAMAN AND NlCOBAH EXl.'RAC»ij)INARY'GAZETTE', DB:. s, 1994 Notice to

be given

to Muni-

cipality

of all

transfer

of title

of per-

sons pri-

mari1y

liable to

payment

of pro-

'perty

tax.

Remission

'of ,tax

on un-

occupied

Immovable

property.

------------------~--------- 'I ~

. 87.(1) Whenever ,the,tit~e to or ;over any ~llld,inq or land of any per801) primarily liable tor the, payment of property taxes :' 00 such pro~~Y is tret.nsterrod, the, q-onater s11411"

~ithln threo month of the registration of the deed of tt.4nefe.r if it ia registered. or if it iB not registered within thr;& months .or its executfon, or if no instrwDont. iliJ executed 'Within three months ot the actual trensrer , give notice in writing of such trenerer to tile MWli,cipality.

(2) 'Every person primarily liable tar the payment of tax on any immovcble prwerty who tr.ansfers his tit1e to or over such property within giving notjce of such transf~r to the MWlicipality as ai(.,resaid, shall, in addition to any other liability whicb he -occurs tl}rougb eucn neglect, continue t(., 1» liable for'therpayment of, all sucb taxes free time to time, payable in respect of the said property until it gives euch notice, or Wltil t.he transfer ahall . bave been recorded in the Mun:' cipalities books.

(3) Nothinq in this section' shall :be held to ,diminish the liabi 1 l ty' at the transferee tor the said taxes or to w:fect the prior cl~im of the MWllCipality tor thl) recovery of the taxes due on any iDlllOvable prope,('ty.

•

•• ~

88. ( 1) When any property 'asseesed to a tax under clause (a), (g) or (i) sWrsection (1) ot section 80 which 16 pclyable by the year, or by instAlments, has relDained' unoccupied unproduct Ive of rent throughou.t the year or ,the, period in respect of wbich any instalment is payable the l-tuniCipality ahall remit the omoWlt of the tax or of tho instalment, as the case JNJ.y ,be:

Provided that no such remission shall be qro.nted unteee n< It,ice in circums~ces under which it is claimed has. been qlven to tho ,Municipality 'With~,n' the first IIt9nth after the expiry of the pur-iad in respect 0t it is 80 claimed. i ,

(2) When any ench property as afpresaid - ~

(a) ,~ not lr~e~ occupied or p!od.uctiv~ of rent' for any pecied of not less-,: than nlnety consecut.ave days: )r .':

(b) consists of separate teneqlents, one or more of which has: or have not been i occu,,?ier or productive of rent for any eucn penod. as aforesaid; or

~ , i

ras ANDAMAN AN)) NlCOBAR HXTRAORDIHlRY GAZETTE. DEC. e. 1994 53

(c) :IS wholly or in greater part dnoUsed or' destroyed. by fire or othcw1ee, , the Munj cipal ity may remit such portion (if any) of the tax or instal_nt aa it MY think eQUitable,. but the portion l!K> remitted shall not if MY co.ee fallinq only Wlder claUB8 (a) exceed one halt of the tax or the instalment oM the caoe may be. " .

(3) '] he burden of proving the facts entitling any perrson to cla,im relief under: the section shall hE upon him.

~ . (4) For the purpoees of the section neither the pre-geIlce of a caretaker not. the mere retention in an otherwise \..UlO

(5) For the purpoee8 of this section a bouse shall he deemed to .be productive of rent if let to a tenant who has continuing right of occupation thereof. whether it is actually occupied by such tenant or not.

89. ( 1 ) When any sum is ,due on account of a tax pay~ble under this regulation in respect of any immovable prOperty by the owner thereof the Municipal ity ehall cause a bil1 for the DOunt stating the prvperty and the period for which the charge i '=' made, to be de 1 i vered. to the person liable to pay the sue.

Recovery

of property

taxes payable

by owner.

(2) [t the bill is not paid within ten days from the delivery tbereof the Municipality may cause a notice of deJltUld to be 'served on. the person li,wle to pay the same ,and if he dOM not within Be'len days free the eervfce of the notice pay the sum due with any fee liable for the notice or shoW sufficient ceuse for non-payment the sum 'iue with the fee. shall be deemed to be an arrear of tax .

. . . ..)' (3) tne amount of every such arrear ahall, subject t.) any claim on behalf ot government. be a f rrst; charqe on the property in: respect of which it is payable. and shall besides been recoverable in any other manner provided by this Requlatiof\. be recoverable on applicat100 _de in this behalf by the Municipality to the Collector, as if tl"le proPerty were, an estate aeeeesed to land-revellue and the erresr were and erreer of such r-eve-rue due thereon: ~ ..

" , ~' •

, t, ."

54.

nm ANDAMAN AND NlCOBAI! BX1'RAooPINARY GAZiTrE, DEC. 8, 1994 --------- --------------~-------------------, Provid~ that nothing in thie ~ub-section

shall authorise the arrest of a defaul tar ~.

(4) If any tex or· sum liable Under thiilJ Regulation tran th13 owner is recovered fraa the occupier, auch occupier shall, in th~ pl:eence of any contrect . to tile contrary. be eptitled to recover the so.me f:ran the owner may 'deduct the same from the rent than or thereoiter ~ue by him to the owner.

90.(1) Every person bringing o~ racelvlna within the octroi or terminal tax: limits ot Municipa.l area any article on which,' octroi or t~inal tax is payable shall when required by an offlcer duly authorised by the Municipality in this behalf and 90 far ea may ~ necessary ascertaining the amount of tax charg~le -

(a) permit toot officer to inspe~ exemme , wei~h or otherwise deal with the artid.'le; and . .:. .

(b) consaumce.te to that officer any information, and exhibit to him; any bill, invoice or document of a like nature which he may posess relating to the article.

(2) If any person bringing .cr re~iving within the cctro.i or terminal tax Vm~t6 of. a Municipal area a conveyance of p"ck~,ng on which octroi or termina l tax is or is believed to be 1 iable. refuses ';)0 the dem4nd of. an' officer authorised by the Municipality in th~ behalf. to 'permit the officer to inspect. weigh ,'or otherwise examine. the contents of the conv~yange or package for the purpcae of ascertaining·, whether .i t contains any articles in respect of which octroi Or terminal tax is paydble ~ or . ~ ref~ to communicate to that officer any information or to exhibit to him. any bill invoice or document of a like nature, whicl' he may po6SeBS r~lating to the article, or with t he intention of de~ro.uding the Municipality, consamtcatea any, such; informations which is false or exhibits any 6uch:bill, invoice or document of h like nature whiqn is false. rorqeded or frauclulent. he shall be punishable with fine which ~1y extent to rupees,: fifty. i.i :r

(3) Any Buell person may de~d that the conveyance or pa<;kaqe of bot.h, .es ~he case may be, shall be tasen without unneceeserv delay before a member ')r the Secretary or Magistrate, who shall cause t no inspection to- De made in hie presence.

Power to

examine

article

liable to

octroi or

terminal

tax and

to search.

.. (

, ,

THE ANDAIIAII AND NlCOBAR llXTIIAORDI1Y GAZIm'E. DI£. 8. 1994 I ' , i

91. If goode passing t~ octroi or terminal Penalty for tax boundary of a Municiapl~ area liable to the evasion of payment of octroi or termipal tax. than every OCtroi or pe~on ~ho, ,with intens~ to defraud the terminal munlClpallty. Introduces or attempts to introduce tax. within the' said octroi or '~rminal tax boundary any 8UC~ g~ upon which ~nt ot the Octroi

or tennmal tax due Oil i introduction. has neither been _de nor tend' or ceueee ~ts

such int~oduction shall be unishable with fine which may extend elther to n times the value of such oct.r.n or terminal tax.! or to f:ifty rupees, whichever amount is greater.F

, f

92. ( 1! In the case of r- non-payment of any oct.roa OJ' terminal tax. 00: demand the officer empowered 'to collect the amne may seize any artie I elm which the octroi or terminal tax cherqeebl o , or any part, of its:burden of sufficient value to satiefy,itbe demand inder the cover of i't seizure memo in presence of witness. A copy thel'e<:>f be handed over to the concerned person of the after obtaininq his acknowledgement on the bocv of original seiZure memo. ,. ------

t2) TIle Municipality. after the lapse of five devs from the seizure and ~ter the issue of a proc Ienet Ion fixing the t1~lD.inq and place of sale, may cause any properitv so seized, or so - much t.her ~f as may be neceseerv to.be sold by public auction to satisfy ~he d.emand and the expenses occasioned by the :seizure. custody and sale t.hereof , unless the dau)aqe and exPenses are in the meantime paid:

Provioed that, by order 'ot the l~lrperson or a Vi ce-Cne i rperaop. articl esc or perisMble nature which car· not ba !tept to~' five days without serious rreke of damaqe. IDl\X be solei atter the lapse ot such shorter time: as he may, llavinq regard tc the nature of the articles, think proper,

Appeal

against

taxation.

93.(1) An appeal against the assessment or levy of, c r aqainst the refusal to refWld any tax under this requ Iat i on shall l ie to the Administrator or SuCh officer may be empowered hy him in trn s .be'hal f .

(2) 1 e. on the hearin~ of -an appeal under this secti:.n, any question as to the liablity to. or the principle of assessment of a tax arises. on WhlCh the officer hearing the appeal entertains reasonable doubt. he may either of his on mot ion or on too application of any pereon interested, draw of a stat~nt of the facts of ~,

Summary recovery of octroi or terminal tax.

56, THE ANDAMAN AND NICOBAR EX'IRAORDlNARY GAZEITE. nsc. 8. 1994 ' the case and th(" point; on which. doubt is

entertained, and refer the'statementf which on opinion on the point for the decision ot 'the

A<1min~strator.

(3) On a reference .being made under sub- section (2), the eub-sequent proceedings in the C48e shall be , as nearly as may be, in confoI"llity with the rules relating to references to the High Court cOntained an section 113 of the Code of Civil Procedure. 15;'08 an order XLVI in'the first schedule to that Cede.

(4) In every c,ppeal. the coats shall be in the discretion oj the officer decidin~ the appeal.

(5) Coots awc:.rded under this section to a Municipality sha]l ,De recoverable by the Municipality as it there were arrears of a tax due from the appelJant.

(6) If a Municlpality tails to pay any coete awarded to an appellant within 10 days after the date of the order for payment thereof t the officer awarding t he costs may order the person havinq custody of the balance of the Municipal Fund to pay the amI iunt .

LImitations. 94. No eppee . shall be entert~ined under section 93 un Iesn the appellant haiJ' paid all other municipal i:axes due trom 'him to the Municipality 'upto the date of such 'appeal. and un 1 ess it has been preferred --'

J (a) where it ':'efers to a tax on any land or building. within olle month of the publication of the notice prescr-Ibed by section 85 or sub- seotion (3) of 8e1;tion 86 or of the date of the final order under :~ection 86, as the case may be; or

tb) where it nfers to any other tax. within one month of the d,1te on which a d~d was made , therefore:

Provided that an appeal may be, entertained after the expiry of the period referred to in clause (a) or clause (b). aa the case may be if the appellant satisfies the officer bef~e',~hom the appeal is preferred that he had 5ufficlent cause tor not presenting the appeal within that period.

I' ,.

THE ANDAMAN AND NII;OBAR EXTRAORDINARY GAZEITE, DEC. 8, 1994 57 Tax not

'invalid

tor

defect of

form.

", Remi sa ions and ·exe- mptions.

c :

, , , r

~5 . No dssesement and no charge of the demand of any tax made under this Regulation. shall be inpeached or affected by reason of any mistake in the name. residence, place .ot :businese of OCCupation of any per son liable to pay the tax, or in the ((ascription of any property or thinq liable to t.he tax, of any mistake in the amount of asset3SInf-nt or tax. or by reeeon ~y clerical error or other defect of Form; and it shall be enouqh in any such tax on ~ property or any assessment of value for the ptirpoee of any such tax if t.he property taxed or asaeased is so described CIS to be qenerally known. and it shall not be necessary to name the owner or, occupier th~reof.

96. (1) ), Municipality may exempt. in whole or in part. for any period not exceeding one year , tran the pet -,.ment of any tax. any person who by reason of p)verty is. in its opinion, unable to pay the same. and may renew the such exeation as otten as may be necessary.

(2) A MUllicipality, by a resolution passed at a special lnedtinq may -

ta) provide that any person or all persons may be e l Iowed to canpound for any tax imposed under c Ieus« (9) of sub-section (1) of section eo: or

lb) sunject to the control Of. the .Mministator -

(i) abo! ish suspend or reduce in amount any tax imposed under section 80; or (j i) for a special reasons exempt in whole or in part fn'ln the payment ot any such tax any person or (lass of persons or any property or description (It property.

(3) The J:dJllinistrator may by order in writing exempt in wl.ole or in part fran the payment of any . such tax any person or class ot persons or any property or description of property. 9'/ . ( 1) E\, ery person shall on the demand of an officer duly authorised by the Municipality in this behalf furnish such information as may be· necessary in order to ascertain whether such person is able to pay any municipal tax: and every hotel or lodqinq-houee keeper or Secretary of a residential club snall also on demand made as aforesaid furnished a 1 ist of all persons residinq in such hotel, Ioaqmq-house or club. Duty of rur-

nishinq true

mroreat ion

regardinq

liabll ty to

Municipal

taxation.

58.

, ~~ ~l tr, 'I'

THE ANDAMAN AND NICO,BAR EXTItAORDINAR't GAZEITE, l~EC. --,-------------------_ .. _---'- .---~ •• ;r_' ---.-..,---- 8, 1994

(2) : If any person BO caned upon to fbiSh ~uch information oai tn to do so or fur'~iBhea lnformation which' if-oJ untrue he shaH be punisho.ble . with fine, which may extent to' one hundred rupees. 4 .

98. Subject to the provisions of s~ection

(6) of section '81 an,i'od sub-section (1) of section 85. any tax imposed under this Ghapter and payable per iod ical I y shall be payable Qn' such' dates and in such instalments (if any) ~ the Municipality may direct. ' ,~

~ ,

Y9. No object ion slall be t~en _ t~ vatuation . or esseeseent , nor sl;all the llablll ty ; pf any person to be assessed or taXed '00 questioned. in any other manner or by' any other authorit~ than is provided in'this Hec-ulotion. e' . , t

100. No refund of .iny tu shall be c~aimable by any person otherwiHe than is accordan¢e with the provisions ,of this Requlations and th~rules. CHAP rER VIII ~~

f ~

Public Heel t.h and Safety ~ I.

i I, r

101. (1) In a Il,unicipal area in I.which a general water-rate it: levied clause (g) fOf sub- section (1) of aectioi. 80 the Municipal i ty shall. and in any other case a Municipal i ty may, provide a SUpply' of drinking water within the ~unicipal area and shall cause such tanka,r~ervoir6 engiens, pipes, taps and other works as( may be neceeeerv tor the saiol purpoee, to be copatructed and maintained, whe:her within or witpout the Municipal area and Shill erret sufficie~t atand- paiee or other conveniences tor the G!atuitous supply of water to the public.

A. Welter SUpply

(2) The Mwlicipality shall .es t far as possible. make edequete provision.to en"ure th~t such supply is cont ir oUS throughtout t~ y~ ,and that the water is at all times pure ano. flt for human consumption. i " '

Taxes when

payable.

. Taxation not to be questioned except

under Regu- lation.

Refunds. Provision at water.

102.(1) A Municipality may,on applipatipn by Supply of the owner or occupier of any building .errence tor water. s,upplyin!l water frOID the nearest main. ~<:' the same for daoostic purposee , in such quantltz;l8S ~ it thinks reasonable, and may, if it ~l(:' conaidere necessary. 1 iIlli t t ne ammount of wai. er to be so supplied.

----

1HB ANDAMAH AND IUCOBAR EXTRAORDINARY GAZE1TE. DB:. 8. 1994 59

'Making

connec-

tion with

municipal

water

works.

,:.

" "s,. Exp1 &'lUtion A supply of water for dc.estic purpoee shall not be deemed to include a supply --

(a) fo)' any trade,manutacture or bu8ineee;

(b) to)' gardens or for puI't)a:Ie8 of irriqatiat:

(d) f01' fountains.swi!IJDi~ .baths. or far any ornamental or mechanical purposes,

(e) for animals,were they are kept for sale or hire J or the sale of their produce or any preparatioJ therefrom:

(f) roi watering roads or paths.

(2) A Municipality may with the ~ction of the sub-o mnittee supply water for any purpoee other ther, a dalestic purpose on receivinq a appl ieatia- specifying the purpose tor which the eupplv is 1 equired. and the quantity likely to be consUJJied.

Provrded that the Municipality may withdraw such BUpP.1 y at any time if it should appear necessary to do so in order to mantain a sufficient supply of water for dc:oestic purpoee8.

(3) r or all water supplied under this section, payment shall be made to the Municipal it y at such special rate or rates as may .be prescribed under clause (q) of sub-section (1) of section dO.

103. Wtlere water is to be SUWlied under section 1\.}~, all neceeeary ~OOIIRunication pipes and fitting shall be supplied by the lUlioipality and the ,orkinq of laying Md a'PPlyinq a such, cammunicati)n pipes and fittings shall be executed bY' the Municipal anqency under the orders )f the Municipality.

Provide 1 that the cost of makinq any such connection and all caI8UIlication pipes and fiting 60 supplied and of all work so executed shall be paid by the owner or the person making the application for water supply:

Provided further that tbe Municipality may. if it think,! fit. provide a meter and charg'e rent for same. or may require the owner or applicant to provide a meter of such size, _terial and descripiton as it may approve.

60. '!liE ANDAMAN AND NICOBAH EXTRAORDINARY GAZEtTE. DEC, 8. 1994 i

Obligotion ,104, (1) Any owner )f occupier of any building of owner or .l~d.in or o~ which water supplied u4der this or occu- Hequlat10n 18 m1sused iue to negliqence:or other pier and crrcuastence under hi~3 control or is used with , power ot out permieson in eXC.3SS, or the' quantity fixed the MWli- under section 102 or ill which the pipes~~ mains or ctpat rty other works are om. of repair to (such an to cut extent as to pa.es w~3te of water. ,8hatl if he ott has xnovtedqe there or , De bound go giVe notice water of the to such office~ os the MWlici~lity mAY supply. appoint in this behalf . it

(2) if any person Hh06e pemises are~ supplied with 'Water neq l ect to l)dy the water r(1t~f or ' any sum payable in respect of the wat~r III supplied under this Regulatioll. or to give ~.:otice as provided tm,:der: >~~e\;tion (1):. or wi! 1fully or neql igently: misuses or c01,L6es 'Waste of ,\>.~oter the. Municip!11ity may. afte]' giving him sucn"tnotice ~, it, : .,de\\$i6 :,reosonab 1 e ill the' circUmstanesl cut of f the,5upply of water fr(lIll his premises,' ; .. ,'

Equlpment for ren- d.ennq

ass rst-:

ance in extinqu- aemnq

f i re . .Power of certain persons for supp- ression of tire.

B. Protec-uon from fire^,',

105. A Municipal-ty may equip itflelt with such implement" appl iencee and ot-her mat:eiia'ls as it mdy think necessarY for, rendinq assi~tarice in ext.inqui sndnq" fires \U1d protectinq life and property when fires OCI iur . '," ," . ~ ...•. . . .•..

" ."

-, -;:

106. (1 ) On tne occasion of a r f ire a municipal area, any ~\qistrate the Bec~etary or any member of the Munidpolity or any m(;mber of a fire-brigl1de then end there dir~c(,ing tl:le ooeret.Icns of JOOn belol(qing to the prig~de or ~y pot ice officer directec; by a Magistrote ~JnaY--'

. 'i' ~ (,a) '. remove or order tho removal ot any [,ierson W'ho by )):i9 presence interferes 'with or ~~~es' t.he operations tor extin<;,uishing the flr~' or for saving 1 ite or propert'· , ' ;;~ , '

, .:~," i:

(bl. Cl06~ any atreet OJ' passpge in or n~ar which any fire is burning: \

, I

(c) f~r the purpooe' cr exd,nq~ls\iing' the fire .bI'e~ ,into or i.fu-ouqh or ", pull, .dovn any premises .: : ~r, "cause allY premises, to ,be brok~~ into or through or to 116 pulled down or: used tor tll~ ~aag~ of housea or other appliances; ~

',; " .' r

(d) cause mains and pipes to be sh\lt oft so as to give oreeter pn IBaure of water i~ or neer the place where the fire hM ocqurred; ;

" oj '.

:1' v.,

THE ANDAMAN AND NIt:OBAR ~ORDINARY ~GAZEITE, D8:. 8. 1994 61 Powers of

the Muni-

pality in

respect

of drains,

privies.

etc.

. (e) cal -. on the persons in, charge ot any fire enqlne to render such asei~ance as may be possible; alld

( f ) gellerall y , take such measures as may appear nec~~ for the preservation of life or property.

(2) '({ben any Governme:nt building is endangered by fire, the officers of the public Works Depart.ment for the time :.teing in charge .ot the bulidilg mAY exercise the powers conferred on a Magistlate by sub-section (1). . .

(3) No r ereon shall be liakle to pay damages for any ac~ done by him in good faith under this section.

(4) An') damage done in tne exercise of a power confe-rred or a duty impceed by this section shelI be deemed to be damaqed by fire within the meaninq of any policy of insurance against tin.

(5) Th€- powers conferred by this section shall be subject to any conditions of restriction~ Which may be impoeed by the Administratcr.

C. Drains and privies

107. (1) A Municipality may by notice require the owner of any building or land in the municipal at ea-

(a) to provide move or remove any drain privy, lat rine, urinal oeeapool or other receptacle f or fifth or refuse or provide any additional drains privies .latrines urinals cesspools or other receptacles;as aforesaid which should in its opinion be provided for the buildinq .or land in such manner and ot such pattern as t he Municipal ity ma}' direct; 'l.b) to have any privy, latrine or urinal provided with soae shut out by a sufficent root. wall or fences frem the I view of' persons passing by c r dwelling in the r,eig~hood or to remove or alter as the Munici~~lity may direct any door or trap-door of a ;)riVY latrine or urinal ooeni r'lg on to any ,st~eet or road: or lC) to ;loee,demolish, re~air. alter or put an qood oro er any drain. pri V'J latrines. urinal ca5sPool or receptacle for any fifth or refuse.

--_._--------.,.. ---_._--------_. --- 62; THE ANDAMAN ANP NlCOBAR FX1RAORDINARY GAZE'I"I'E. DEC. 8, 1994

(2) A MWlicipality lilaY by notice require any person who constructs J n the municipal area any new drain privy latrlne urinal cesspool or receptacle for fift!. or refuse without its permisson in writlng or contrary to its directions or to tl~.e provisions of this Regulation or of any byf."-lawa or Who construucta rebuilding or opens ony drain privy latrine ur tne l-cesapool or recer.tacre for fifth or refuse Which it has ordered tc be demol ished or cloeed. or . not to be made to d~·molish the drains, privy latrine urinal cesspool or recepracle or to make such alteration therein as it thinks fit.

(3) A Municipality nay by notice. require any person who without itE: permission ·in. writinq newly erecis or rebuilds any building over any sewer drain. culvert, wet.er-oouree or water-pipe vested in the Municir'ality to pull down or otherwise deal with the same ~ it· may tnrnk fit. 108.(1) A MunicipalJty may by notice :. require the owner or occupier c r any land on which any drain, privy latrine, urinal, cesspool or other receptacle for fifth or refuse for the time being exists within fifty teet or any spring, well, tank. reservoir or other source trom 'which water is or may be derived for public use to remove or close the same within cne week from the service

of such notice.

(2) Whoever withol,t the permission of the Municipality fails tCI comply with the requir~nt of the notice referred to in aub-section (1) shall be punishable witt fine which may. extend to twenty rupees and wi t· h a further fine not exceeding ten rupees fcr each day during which the -offence is continu~d after the lapse of the period 'allowed for compJience therewith.

109. Whoever wi thol.~t the permission of the MlUlicipality--

(a) causes or knowlnqly or negligently the water on any sink. sewel or cesspool or any other offensive matter to flc'w, drain or be put upon any street or publ ic p) ace or into any sever or drain. not set after fcr the purpose. shall be punishable with fine wl,ich may extend tOI tw:nty rupees. . '.

(b) makes or causes to be made, or alters or causes to be altered ary drain leading into any sewer or drain vested )n the Municipality shall be punishable with fine which may extend to fifty rupees.

•• o

Removal of latrine5. etc" near any source of 'Water supply. Improperly discharging sewaqe and iDdkinq or ~lterinq drains

without

authority.

THE ANDAMAN AND NICOBAR EXTRAORDINA~Y GAZEllE, DBC. 8. 1994 63 .-

D. Layinq and connectinq pipes, !98Wers

and the like

11U. (1) A Municipality thaY lay or carry any main pipe drain. sewer or c~nel of any kind for the purpose of carrying (t,ut establishing or maintaininq any eystem of w~~ter supply drainage or seweraq9 throu~h. across under or over any road or str3et or any place laid out or intendent as a road ')r a street or atter qivinq not less than fourte~n days notice in writinq to the owner or occup ie : in to through across under or over any land or building situated within the

municipal a-ea, and may at all times do all acts and thinks which may be ne~ or expedient

for repairilg or maintaining any such main, pipe. drain, Bewe'- or channel as the case may be in an effective 3t~te for the pur,poee far which the same may be used or Int.endeded to be used:

Prov ide.l that no nuisance or interference with the rLghts of the owner or occupier to the entovment ·)f such land or bui ldinq , ehall be created by any such operation to any larqer extent than what i6 ebsolute.y necessary for the proper exec.rt ion of the work~

Provrde-t further that no: such operation into through, a ~r06S under or over any major road or Government )uildinq or !and.,shall be carried out except wit'l the permission' in writing of the Public Worx 5 Department:

'(.

Provide l also that rea:';-onable compensation shall be p lid to the owner or' occupaer' for any damaqe at tile time BUBtained~by him on account of or direct )ccasioned by the. carrying out ot 'any 1 such operat:.on:

Power to

lay or

carry mains,

pipes. drains

or sewers for

water supply

etc.

t .

111.(1) No person 61~11, wlthout the Connection permission of the MunicipaLty at any time make mains etc. or cause . to be made amy connection or

communicati,m with anY.main, ~pipe, drain. sewer, or channel .;on5tructed or ma,intained by or vested in a Munici.t>ality for any purpose whatsoever.

(2) A f'ltmicipality may prescribe the size of the feerull~ to be used for;: the auppty of wa~er and may est, ib l ish meters or other appllances for the purpose of testing the quant1ty of quality of any water s:lpplied to the promises of any person or to or for the use of any person or business.

(3) 1"18 ferrules, C<:mmlWl i cat ion pipes, connections meters, et.end-p.pee and all fittings thereon OJ" conneoted the~~'With leadinq fran mains. prp ss , drains. seweri3 or channe is in to any bu i Id riq or land and the pipes tittinqs and

64. THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE, DEC. 8. 1994 Trouqhs

and pipes

for rain

Hater.

, '

Bathinq

and

waslling

places.

,---------

works inside any such builduing or' within the limit of any such land, s'hall in a-ll cases be executed subject to·th€, insepection by and to the satisfication of th{, Municipality.

(4) A Municipalit)' may fix the fees to be charqed. for the eetablJahment by or through its agency of communication from and connections with mains or pipes for the supply of water dod may levy such fees. ~ ,

• E. Disposal 0)' surface water

112. (l) The Municipality by notice require the owner any building or li~d to put up and .keep in good condition proper throughs 'and pipes for receiving and carrying the water including the rain water rrce the q!i Iding or land and for discharging the same ~JO as not to inconvenience persons passing along tile street.

(2) For the PW'POS"l of efficiently draining any building or land in the municipal area 'a Municipality may by notice in writing --

(a) require any court~yard alley .or passage between two or builoings to be paved with such materials and in such ~ner as may be approved by it; and

(b) require such payjng to be ~ept in proper repair.

f. Bathing aId Washing places

113. (1) A MWlicipcllity mo.y set a.pa.rt 'suitahle pla.ces in the munfc ipa: area. tor the purposes of bdthing and may speci1y the times ~t which and the sex of the person l~ whom persons such places may be used end may ~lso aet apart suito.ble places for washing anil~ls or clothes or :for any other purpoooa cOllllected with the health cleanliness or cOmfort of the inhabitants of the municipal area; end allY public notice prohibit the 'bathing or washin,r of animal or clothes in any pub I ic place not 81) set apart or at times or by persons other tha'l thoee specified and- any other act by which 'Wo.t·~r in publ ic plaoea may be rendered fOUl or unfit tor use and may charge fees for the use of su::h places by any specified claas or classes of oersons or by the public generally.

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DB:. 8. 1994 • 65

(2) t\ Municipality may fix by notice places at .which articles or clothinq. bedding or other artIcles which have been exposed to infection aha 11 ~ washed and no persons shall wash any such ert ic Ies at any place in the Municipol area not so fixed.

Removal

and

dipcsit

offen-

sive

matter.

G. Cleaning-

114. A Municipality may fix places within or with the approval' of the Deputy Commissioner beyond the limits of the Municipal area for the deposit of refuse rubbish or offensive matter of any kind )r for the disposal of the dead bodies of anima s and may by public notice give directions as to the time manner and conditions at in ant under which such rubbish offensive matter or dead bodies of any animals !Day be removed along any street and deposited at such places.

Fa i Iure 115. wnoever bainq the owner of occupier of remove any bu i Id inc or land in a mUnicipal area, kee~ offensive or knowlinoly or nqliqently allows to be kept for matter. more than ~wenty four hours or otherwise than in some proper receptacle or pit any dirt dung bones ashes niqn':.-eoil or filth or any noxious or effens:i ve m,ltter in or upon such .bui ldinq or land or suffers my such receptacle or pit to he in a filthy or noxious state or neqlects to employ proper meantl to cleanse and purify the same shall be puntenao .e with fine which may extend to fifty rupees.

Penalty 116. Wh{~ver commits or permits any servants for or for member of his house hold or .eny person nuisance. under his control to whom the provisions of section 82, section 83 or section 84 or the Indian Panel Code or applicable to CCtDIIlit a nuience upor any street or into any publ ic sewer or drain c r any drain camnunicating therwith shall be punishable with fine which may extend to twenty rupeE's.

H. House Cleaninq

Defination

at' house

cleaning.

117. For the pupoee of this Regulation house- cleaninq mea~s the removal of filth rubbieh odour or other of Eensive matter from a privy latrine, urinal. C8S13pool or other caDIDOn receptacle for such matter in or pertaining to a, building incrudano ,It:-J appurtenances.

Undertakinq 118.(11

of house Municipal ity

cleaning maintain ft

by Muni- cleaninq as

cipality.

It shall be the duty of to make such arrangements system of such servants for t may deem fit.

every

in to

house-

66. THE ANDAMAN AND NICO.BAR EXTRAORDINARY GAZirrrE., DEC. B. 1994 I to

(2) The Municipality ahall charge laucn rate or rates for ~ouse-cle'lIlinq as mllY be i jpreacribed under clause( 1) of sub-eect1on (1) of 'S!6ction 80. . ~

(3) Any servant ~)f a Municipality who is e~ployed in house~cle~1ing may at all "~easonable tllOOS do all thlngs necessary for t'he proper performances of any house-cleaning under' tal

('4) All matter rereoved by the eery;enta of a MWlicipality in the course" of hOuB\~-cl~inq

. she ll OO100g to the Mw dcipali ty. r ,r , 119.(1),Whenever WLy animal in the bharge of any person in a mun~dpal o.rea dies:' otherwise than by slaughter the person in cherqe thereof shall within twenty rour hours either ~+

(a) convey the car cases to a Place! (if any) fixed, by the Municipal ity under section 114 for the disposal of the deed bodies of animals if no su~h plac~ has been fixed to some; suitable atleaat one mile beyond the limits of the municipal area; or:

(b) give notlce of the death to the Municipality whereupon the Municipality shall cause the carcases to be disposed of. (2), In respect of the dispooal of ,the dea.d Dod:ies. of an animal uder clause (b) I of eub- section{b) 'the Municipality may change nuch fees as it may by public notice prescr) be \ in this behalf. 't

, \

(3) For the purposes of this sectiQr~ 'animal' means . and includes horned cattle, f1lephants. camels, ,horeseB~' pern es , asses, mulf,..a,' deer, sheep. goats. swine and other large ani, ~ls.

(4) Any person who fails to comply fJi~h the provisions of sub-section () shall be ~unlshable with fine which may ext3nt to ten rupe~. , ,

)

(

I. Slaugnter Place l

(

,120. A MWlicipality may with tbe approval of'- the Deputy Commissioner, appoint premises i, for, ~he slaughter of animals fo.::" sale or, of ~Y,13peClf:ed discription of such aniHlals and may wlth the l ike approval grant 1 icenc.~ for. the use', o~ B~ch premise5 or if they be.!.ong to ,the MunlClpa.llty charge rent or fees of ~:he use of the Sd':D6.

•• Disposal of dead animals. Place for slaughter of animals for sale.

TIm ANDAMAN AND NIO)BAR EXTRAOODINAA~ GAZF:ITE, DEC. 8, 1994 --------------- -----------.------ ---------⁶⁷ .. 121.(1) Where a Municipality has appointed any premises under section l?O no person' shall slaughter an t animal for sale) at any other place

within the mwnicipal area. !

. (2) Any person who contratenes the provision of sub-se9tion (1) shall be ptlpiahable with fine which may extend to twenty rupees. J. Food

122. A Municipality may regulate by bye-laws the keepinq of any place in the municipal area as a hotel. reeteurent , lodqinq house, t-etall. bakery. conrect ionerv or aerated water factory, or as a IIlf\rket of shop for 'the sale of fruit. veqetables. sweetmeats. miik. animals, meats, fish. eqqs. fowls. or any thinq intended for human food and such bye-laws may prohibit the keeping of any place for any ~uch purpose save under and "n accordance with the condition of a licence gJanted in that behalf by the Municipal it'·.

123. Wh, ever , teeds or ar lows to be fed any deleterious substance filth or refuse of any kind any animal which is kept, or is intendant to be used, for the supply of milk or food to the inhabi tants of a mWlicipal area, shall be a punishable with fine which may extend to fifty , rupees.

K. Danqerous diseases

" ..

124. Wh »ever being the owner Sr occupier of any dwelling olhar than a public hospital in a municipal area, and beinq cognizant of the existence «r any infectious 'or cont.euroue disease therein; or

(a)

( b.l bE 109 the person j n cnerce of , or in attendance on, any person suffering from any such uisease ir such dwellinq ar-d beinq cognizant of the existerce of such diseaEe therein, fails to q've information to such officer as the Municipal i t.y may preecr tbe in .this behalf. or qives falsf! information respectinq the existence of such d, sease, shall be P,Uflishable with fine which may tlxtend to fifty rupees:

Providnd. that a person eucn as is referred to 1n clause Ib) shall not bel punishable if he had reasonable cause to believe that the information had been. or would be, duly c iven by a person such as is referred to in clause (a).

Animals to be slaughtered for sale at authorised places only. Control of sale of

food.

Penalty for feedinq

animals on deleterious substances. Information t.o be qiven on infectl- OtiS or con- taqious

diseases.

68. THE ANDAMAN AND NICOBAH EXTRAOHDINARY GAZETIE. DEC. 8, 1994

Disinfec-

tion of

.bui 1 dinqs '

and arti-

cles.

,f, , ,

125. (1) If a Munici pal i ty is of, op.irrion that the cleansing or disinfecting of 0. bui~ding in, the municipal area or any part thereof. or of any articlG therein, whlch is likly to retain infection will tend to prevent or check the spread ot MY dieea.se. or is otherwise necessary it may. atter giving a notice to the Owner or occupier, cause the same to be cleansed. or disinfected in such man.ier as it mo.y deem fit. u

(2) Whoever knowingly lets a house or .otner b4ildin~, in 0. m1micipol erea or part of such a house or buildinq, in which any person has' been Buttering ,i:rom an infectious or ,contagious disease without hevinq such house or buHd~ng or part thereof. dlld all articleS therein 1 fable to retain mrect ion disinfected to the satiSIo.tion of the t,~unicipali ty , shall, be punishable with fine ",hich may extend' to two hundred rupees.

Provision 126. In any munici~\l area. the Municipality of palces may--

and appli-' (a) provfde proper ploces with all neceesery ances for attendants and apparatw:, for the disinfection of disinfec- conv~yances. clothing, j~ding or other artic~ea tion. which ,have been exposed to infection;

(h) cause conveyanve, clothin'g, be4ding or other articles brought for disinfection to be disinfected free of charge ~or subject to such, charges as may be approved by it: or (c), direct any clothing, bedding, or other. articles likely to retain infection, to be destroyed:

, ~rovided that the Municipality shall give compensation for any article destroyed under this section.

Penalty tor 127. Whoever, whlle suffering from an &cts done' infectious. cont~gious)1" loathsome disease or by P8rsons disorder.--

eut rer mc ,

trom (a) makes,or offers for sale, any article of certain food or drink for hU'naIl consumption or eny disorders. medicine or drug: or _

(b) wilfully toucnea any such article, medicine or drug, when e~e or 601e by others. or

(c) takes any part i~ the buisnesB ot washing or earring soiled c lotas , shall be punishable ~ith fine which 'may ext.e id to h/enty rupees.

THE ANDAMAN AND NlCOBAR EXTRACiU)IN~Y GAZE'l1'E, DEC. 8" 1994 69

Prohibition by Muni- cipality ot use of unwhole- scae

water.

--------------------------------

128. If a Mupicipality, on the report of the Senior Medical Officer or Health Officer. considers that the water in any well, tank (yf' other places in the IlWlicipal area likely, if used tor 'irinkinq. to generate cr cause the spread of Ol1Y danqerOUB disease, 1 t may-

(a) by public notice prohibit the raDOval or use of such water for drinking;

(b) by notice require the owner or person having control of 'such well. tank or place to take such steps as may be specified in the notice to prevent the publ ic frolll havinq access to or using such ",rater; or

( c ) tak.,'. such steps as it may, on the advice of the Sen)or Medical Officer or Health Officer, consider eA~ient to prevent the qeneration or spread of ar',y such disease.

L, Burial and Burning-Places

Appointment 129.(1) A Municipality shall with the of places previous approval of the Senior Medical Officer. as burial by public notice, appoint places which ehall be or burn- used as. bur i a! or burning-qro\.lllds, and shall also inq define the limits of such pl~es.

qrounds .

(2) No burial or burning-ground, whether public or private, shall be made or formed in a municipal area or within one mile thereof without the permissl~ in writing of the Municiaplity. Control

over re-

moval of

corpses.

(3) No :>arson shall, without the permiseion of the Muni:::ipality. bury or burn, or cause or permi t to D3 buried or brunt, any corpse at any place in t.ne municipal area except. a place appointed. bv the Municipal ity as a burial or burning qround.

(4) Wh~~ver contravenes the provisions of sub-section (2) or sub-section (3), shall be 'punishable with tine which may extend to fifty rupees.

130.(.1) i, Municipality may, by public notice, prescribe routes for the removal of corpeee to burial or bwninq-qrounds.

(2) Wh~,ver carries a corpse along a route prohibited ly the Municipality. or in a .manner like 1 y to c euee annoyance to pub 1 i c , aha 11 be punishable vi t.h fine which may extended to ten rupees.

'l0.

-;._

ii I, THE ANDf&N AND NICOBAR EXTRAORDINARY GAZE'I1,IE. DEC. 8, 1994 ------------------~'------------------ j

M. Denqerous to InBani'~;ary 'Building and lplaces 131: If any b~i Idillg. tank reeervoutr , Pool depresslon or excavatioll in a mWlicipal ~ea, is. for want of BufficienC . repair. protect.fon " or encl<;>sure, denqerous to the persons dwening or workIng therein or in the neighbourhocxl thereof or to persons passing JJ)'. the Municipality may, hy notice. require the owner or occupier thereof to repair, protect or nnclooe the same. and if the requirement of SU~1 notice is not ~pleted with. the Municipality aholl forthwith ;~take at the expense of the cwner , any st;.eps ~hich it thinks necessary for t.ne purpose of iovertinq imminent danger. I

, \

132. It in any mun 'cipal area any building. W(lll or structure or allY thing attixed ~tnereto, or any bank or trn6. is deemed ;hy the Municipal i ty to be in d ruinous atate or! 'in any way dangerous, the Munidpality.- may. by ~ notice. require the owner thel-eot forthwith either to remove the same or to 1!aUS8 such repairE"1 to be aade to the building. Hall structure or ,Ibank as the Municipality may cunsider necessary;for the public safety. ond, if tbe requirement iot sucb notice is not complie'l with, the Mun¥Cipality shall forthwi th take. at the expense of the owner. eny steps which it thinks neceesery for the purpose of averting imminent danger.l . l33. If the owner or occupier of onyr.builciing or lend in a municipal area suffers the}same to be in a f i 1 thy or unvholecee st\J.te the Municipality lII8.y by n·)tice require hil.1 within twenty-four hours to cleanse the :Hame or otherwise put it in a proper state and t,i1ereafter to keep it in a clean and proper state and if it appears to the Municiptlity to be nece~lary for sanitary purposes to do so it may at anyJtime by notice, direct the occupier of any hui '~dinq in the municipal 'area to lime-wash or ~therwiee cleanse that building lnside or outside, in such manner and within such .)9riod as may be (specified in the ,notice.

134. A Municipality may, IJy notice,; require the owner or occupier of any land.~in the mUnicipal area to clear away and remove ~~erefrom any thick vegetation )r underqrowt~ .w~~ch may appear to the Municip~.lity to be .1~.1U~1

, il

: i

iJ .. ,

i ·1 l

Powers to require . building, wells, tanks, etc .• to be secured.

'I< "

Powers to order re- moval or

repair of huildings, etc. in

dangerous state.

~,. .. : .. Powers to order clen- sinq ot

filthy

build.inq or land.

Power to

require

owner to

clear away noxious

vegetation.

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, pa;. 8, 1994 71

135. A. Muni cipal it Y may, 'by notice, require the owner or occupier of any land in the municipal aI ee to cut or trim within three days the hedges orowing thereon and bordering on any branches of trees growing thereon which overhang any street and cbstruct the same or cause danger or which SCI overhang any well than or other source fran vruch water is derived for publ ic use dB to be likf'ly to pollute the water thereof.

136. If 1he Senior Medical Officer certifies that the cultivation of any description of crop or the usc of any xind of manures or the irrigation ot land in any spec if ied manner -,-

(a) in «nv place with in the limits of the municipal «ree is m jur ioue or tac:i 1 ities practises wLic;h are iniurious to the health of person dwell.lOg in the neighbourhood: or

(b) in tHY place within or beyond the limits of the mumdpal area. is likely to contaminate the water~Juppl y of the mun icapet area or otherwrse reudere it unfit for drinkinq purpoeee . the Municipc',\lity may with the approval of the Administrat(l)', by punl rc notice, prohibit the culUvation (If Buch crop the use of such manure, or the use of the method of irrigation so reported t(l be in jur-ious ' or impose such conditions Iii th respect then3to as may prevent such in jurv (,r contamination:

Provided that when on any land to which such notice epnl il:s the act prohihited been practised durinq the five years immediately precedinq the notice in .he ordinary course of husbandry compensation shall be paid from the MuniciPal Fund to all persons interested therein for any damaqe caus'~ to them by the effect or such notice.

N. ')anqerous or Offensive Trades

137.(1) No place within a municipal area shall be used --

(a) for ,nel tinq tallow or fat;

(b) for boilinq or dryinq bones offal or blooi.:

(e) as 1 soap-house. oil-boiling-house, tenn~ry, or barber's shop:

(d) as a brick-field. brick-kiln, pottery or

. lime kiln;

(e) as alY other manufactory, engine-house or plac3 of business from which offensive or unwh )lesome smell noises. fumes or smoke er is ~:

Power to

require

hedqes

and trees

to be

trimmed.

Prohibition of culti- vation. use of manure or irrigation injurious to hel!llth. Requlation as.offensive and danqe- rous trades.

! f, THE ;ANDAMAN AND NICOBAR EXTAAOiIDINARY G~. DEC. 8, 1994 --------- ----------

'72. --------

'(t) as a yard or dep)t for trade in hay, straw thatoh~Jlg gras<3,

charcoal. or coal of 'other da.~geroUBly inflaJDIDable m.o.tedal i, or '~'

(g) as a store-house for any explosive or tor petroleum or any in!' lammahle 10il or spirit.

except under ali cence gr~ted ~ by the Municipality which shall be renewable anpuallY.

(2) The licence sholl not be withhelh unless ~he Municipality considers, that the t, business which is intended to be established or ~intained would be the cause cf annoyance. offence or danger to persons residing in freguen.tina::=:rne.:

immediate neighbourhocd or ,that f.m::..:_@Mral iea.sOriS--the estaJ:ilT8fiD~tor such busi 1~l3 in the l'Ocat:tt'yfs uhdeslraD1E. ' '

~---------

, (3) The MW1ici~lality may choi:ge fees \\

according to a scale tCI be fixed by bye-Jaws for such licences and may impose such conditions in respect thereof as it Ii.ay think necessary .. .

(4) Whoever. wi1.hout. a licence or in contravention of the condi tion of ~y .sucn licence, uses ariy p lace for any such p¥poae as \

is specified in this aoct ion shall be ~Ju!liBhable with fine which may extend to fifty rupees and in the case of cont inurr» r offence, wi th (~ rurtner fine which may extend to ten rupees ~or every subs~quent day durinq which the, off;ence is contlnued. ~

Penalty 138. Whoever in a municipal area :quarries, for neqli- blq,ats cuts tim1:~r or cerr iea on ,I: ' building qence in operations in such manner as to cause, pr ,to be quarryinq likely to cause dangernto persons pass~ng' by or blasting, dwellinq or working in the neighbourhoo~,shall nb cutting, be punishable with fine which may fxtend to timber or rupees fifty. ;

building.

U Fairs

Provision

of police

protect>

ion at

fRirs.

139" The Adminlstn~tor or may provi,de special protection on ':.he occesion of' ':ari fair. aqricultural show or industrial, 'exhibition managed by a Municipi.tlity or for the purpose of guarding houses in a JLl4I)icipal area ev~cuo.ted on account of epidemic iU1d the Municipa~ity shall pay such charges inrenpect of such pro~.ection as t'he Administrator mev d.etermine in hisjoohalf. ~

l , I

l ~

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DEC. 8. 1994 73

Power to

levy feee

at tairs.

Powers

over dis-

. orderly houses

and pro- stitutes. powers

to close down

brothels.

Disp05dl of. mad and

stray doos and other animals.

140. A Municipality may.lavy fees, not exceeedinq ~~ch amounts as the Administrator may fix in thiB behalf, by notificatioo, on persons attending fair on which the Municipality incure expenditure and on persona exposing' goods for sale or plyjng any occupation for gain. P.brothalEl

141. (1) A Municipality may, by notice. prohibit in any specified part of the municipal area--

(a) the Keeping of a brothal; or

(b) the residence ot a public prostitute.

(2) Who~ver fails to comply with a notlce issued under sub-section (1) shall be punishable with impriso:unent for a term Which may extend to eight days or with fine whjch may extend to rupees one hundred and in the case of a continuing f,lilure, with a further tine Which may extend to :en rupees for every 6ubsequent day durinq Which the failure continues. 14~~. On ,hf! 1: •• mplRint. (if t.he .Munjcipality or of Lliree C,lI !l.Ifxe inha.bildllts of a municipal area that a hoU13'~ in the municipal area is used as a brothel, l)I' by directly persons of any discription. or the annoYance of the respectable inh~biLant8 of the vicinity, or that any such house is use.t as a brothel in the neigbourh

Q. Animals

14:j. (1) t, MuniCipal ity may--

(a) author iee any person- t i) to d~ ,etroy or cause to be deetrqye

· ' r , , u ~~ T~~D~~~_~ICOBAR EXTRAORDINARY GAZE'ffE} DEC. 8. 1994 -------- - ---

, , L

res<>,:ably suspected to be Buffering from ~ rabies or bltten by any dog or other animal suffe,ring or suspected as aforesaid,;

, "

( i i ) to continue, or

(b) charge a fee for any dog confin~ci Wlder sub-clause '( il) of clause (a) and 'destroy or otherw~se dispose of anv such dOg 'if the\doq is not claimed and the tee not paid within 99,e week:

~

(c) by public not ice issue a temporary or standinq order that any dogs without collars or other marks diatingui:3hing them as 'private property found straying on the street or~ beyond the enclosures of the ho~es of the ow,nere of such doge may be deat.rcved and destroy or cause them to be destroyed accordingly. J

(2) No damage.s shall be po.Jable in reapGct of any dog or ether'animal destli9Yed or otherwise disposed of under this sect Ion / I'

, 144. Whoever, in a municiapl area, ~eep any swine in disregard 01 any orders Which the municiaplity may' giw~ to prevent t*em ' for becoming a nuiance or Keeps any other atllimal so as to be injurious to the health r of the inhabitants or of animals or BO animals 9r so to beccme a nuisance, shall .he punishable :w~th fine Which may extend to five rupees and in the Ca56 of ,a continuing offenCt~with further fine Which may extend to five rupees for every S.Ubseouent day during: which the offence is continqed. R. Othe r Nuisances '

145. Whoever, in c(,ontravention of any general or special prombrt iot: issued by a MUriicipal ity without the permition ('If the MuniCipality beats a drum or tom-tom, blows a horn or tru.mpet or heats or 'sounds any brass or other, instrument or utensil" shall be puni!.lhable with fine which may extend to twenty five ~ pees. '

" Explanation: _.- In the case of ah of fence under this section .;omitted by a ~d, each indiVidual member of such band sha:!l be 60 punishable. t

146. Whoever in a municipal area, ~discharges fire arms or lets off fire worY~ fire ~lloons or , detonator, or enaOclqes in any game in aucn a mann~r as to )cause 01 he 1 ike 1 y to cause danger Penalty for

keepinq

animal so

as to, be

in [ur ioua

to health. ",

..

Penalty for beating

drums, etc. Penalty for discharging fire arms. etc.

74

THE ANDAMAN AND NICOBAR EXTRAORDINARY G~, nsc. 8, 1994 75 -------------- -----------

.>

Penalty

tor alt-

ering

ober t.uc- .

tinq, or

to, person PdBBing by or dwelling in the nelg~hCX>l1 or risk of in jury to property shall be punlshable with the which may extend to twenty. rupees.

14'7. A l'4unicipality may, where it appe4rS to it to be nHCessary for the prevention of danger to life or priperty. by public notice, prohibit the stacki.lg or collectinq of timber, wood, dry qrass. strn~ or other inflammable IDdteriala, or the pl ec in. T of mats or thatched huts or the 1 :iqhtinq 0:' a tire in any prece , or within any 1 imits in the municipal area which may be specar red 1'1 the notice:

Prov Idet that no such notice shall be issued except wit 1 the previous approval of the Deputy CommisBionei' .

CHAPTER lX

STHEETS

Prohibition of collecting inflCWDOble materials, etc.

148. A Mmicipality may with the previous Power approval of the Administrator streets. ta) cl'~e temporarily any public street or any part t.horeof for any public purpose;

(b) di zer t d racont me to ctoee permanent ly any public :Jtreet other than a-major road; or

(c) sell its interest in the land forming a puhl rc stre-rt other then a ma jor road or any part thereat, if not required tor the purposes of this regulotion.

14Y. A M

Provide 1 that in the case of major road, no such pernis-saon shall be granted except with the previous aporove l of the publ ic works Department. B. :.l1croa.chments Md Obstrutions

150, ( 1 ) Whoever wi thout the wri t ten permlssion of the Municipality builds or erects any lmmovable encroachment upon the qround level (If any st'eet or on a sewer, drain or water- course m 1 municipal area. or bui Ids or makes Power of

permitting

temporary

occupation

of streets,

etc.

75

- _- --- -- - ---

f .

76. THE ANDAMAN AND NICOBAH EXTRAORDINAR,( GAZ.E'irrE, DEC. 8, 1994 ---------------- 'L__

encroach-

ing'upon

streets.

Removal

ot proje-

ctions

and

obstruc-

tions in

streets.

Hemova.l

of proj-

ections

any ammovable over'hanging" .atructure p.ro jecting into ,a street at a point above the Bd~e ground level. shall be punishal:>le with fine' which may extend to fifty rupees. ' ~ ;

(2) 111e Municipality may. by not.fce ir-equfre the owener or occupier of any'buil<;iing to remove or after such immovable encroachment or over hanginq structure as aforesaid and so compensation shall .be clai:rooble in respect of' such' r~val or afteration. 1

151.(1) Whoever in 0 municipal area, w~~hout the written permission ot the Municipality. ;: .

" . i (a) places infront of any movable e~¢r~cment upon the ground level,of any street or oyer or on any sewer, drain or water course or erects any movable oVerhanqinq gtrcture proiecting'~nto the street at a point aD)ve the said ground .~evel; or

•

(b) takes up or atter the pavement 9r other materials or the fences or posts of any street:or

(c) deposits bui Id ing materials, qocda i!sale or other article or merchan dise or any etr~et'; or ~

(d) makes any hold l)r excavation in or Under any street, or removes ma.terials from beneath any street so as to cause risk of subsidence, shall be punrsnehle with fine which m.a~ extend to fifty rupees. '.

(2)( The MuniCipality may--

( i) summari 1 y remove or cause to be removed by the police any such movable encraac~nts or overhanging structures and any Buch ~terials goods or articles of merchandise: and : l,

,

(ii) take action summarily to restore the street to the condit:ion it 'Was in befor~ JanY such afteration, excavation or dama~e. 4

was in expences or such restoration ~pall be recoverable from the offender. ~

L

Explanation:- For the purposes of this; section movl1.ble encroachment includes a seat or i se~.~le, and' movable overhan(,ring'structure mcrucee and awning or any materinl.

152. in case 1,0 which the provisions of section 150 or ssot.ton 151 do not ap'~l y the Municipa.Uty may. subject to the pay:nent of

"

76

THE ANDAMAN AND NICOB~R EXTRAORDINARY GAZETTE, DEC. 8. 1994 77 -----------_--_._--

and pay-

ment of

compen-

sation.

Power to

requlate

line of

build-

ings in

streets.

Power to

attach

brackets

for lamps

on

houses.

. ,

reasonable compensation by notice require the own~r. or occupier of any building in the munlclpol aree to remove or alter any balcony projection, Btl ucture or verandah verhanqing any street. or pro lecting into or encroachinq on any street, or any drain sewer or aqeuduct theirin.

153. (1) If ar y bui Idinq or part of a bui Iding proiects beyord the reqular line of a street, either exiat:nq or determined on for the future, or eyond the front of the bui lding on either side thereof, the Municipality may when ever such bu: Iding or part has been either enitirely or: n greater part taKe~ down or has fallen down b" notice. require BUC'h btli ldinq or part . when beiJlg be rebuil t to be set back to or towards the sa .d regular line or the front of the adjoining buHrlings; and the portion of the land added to the .st.reet, by such setting back shall become part 0,: the 'street and shall vest in the Municipality:

Provided tha~ the Municipality shall make full compenaat.Ion t·) the owner for any damage which he may sustain in consequence of his building or any part thereof b~ing set back.

(21 The Muni:::ipality may, on such terms as it thinks fit. allow any building to he set forward for the improv~ment of the line of the street.

(3) The provisions of this section shall apply to the roun1ing off of dangerous or in convenient at r eet, corners.

C. Miscellaneous provisions as to streets

154. A Municipality may attach to the outside of cny building in the municipal area brackets for lamas in such manner as not to occasion any injury to such buildinq or other inconvenience

155. Whoe'1er. without beinq authorised by the Municipal ity, defaces or distrubs any municipal djrt~r.t.inn"rx-Js: or l amp , or p.xt.inrpJiAhAR ~TlY llllUlll·.ipdl 11qlll 111 .:1HY pub l i c pl'~(:I:, :..:11<;;\11 .u._~ punishable w'.th fine which may extend to ten

rupees .

156. Whoe/er without the consent of the owner or occupier :,f other person for the time being incharqe affi(es any postinq bill notice placard or other pepe r or means of advertisement against or upon any buildinq wall tree board fence or pole in municipal area or writes upon soil def or marks any such buildinq wall free board fence or Penalty

destroying

rl i r ~CI 'i (llr

{-K_"dt. 1 ;~mp'-

post. etc.

Penalty for

bi ll-stickinq

without per-

mission.

77

--- -_ ---- - ~ ------- - - --

78. THE ANDAMAN AND NICOBAR' EXTRAORDINARY GAZETTE. DEC. 8, 1994.

----- •... ------------------------------_ .. _------------

pole with chalk or paint or in ,pny ot~er' way whatsoever shall be punishable witli fine \~hich moy extend to twenty reupeea, 'I

'157. (1) A Municip:ll i ty may ceuee a name,l, to be given to any street and a name-plate tS .be affixed on any building tberein in such pl"c~ as it may think fit and may also cause numbers ;0 be fixed t~ buildings in t.he mun icfpe l area. ; ·(2) Whoever deetroye pulls down or d~faces any name or number af1ixed to any street or bui Iding under this aect.ion or puts' up any different name or number fram that put up by other of the Municipal ity shall be punishable with fine which may extend to twenty rupees. D. Street Nuisance

158. Whoev~r without the permission, ot the municipality pickets anirllals or collects carts on any street or usee any acreet as a halting place for vehlcles or animals ,)f any description or as a place or encampment or CdUSe5 or pt'lrmits, animals to stray therein shall .be punishabl~ with fi~e which may extend to twenty rupees. , 159. Whoever .between such hours as uay be prescribed by bye-laws drives or propels in any streets any vehiCle which is not prbparly supplie<1 with light shall be punisnebie wit:1 fine Which may extend to twenty rupees.'

Names to

streets and

nUlnbers to

buildings.

Penalty for

picketinq

animals and

collectinq

corts.

Penalty for

driving vehi-

cles without

proper liqhts. •

160. (1) Whoever in a street--- Penalty for certain off-

~a) exposes coeds tor sale so }.s to encea .

cau.se obst.ruet ion r "

(b) negligentl~1 lets loose any ani\M.l or suffers any ferocious d(}Q' to be at Ierqe w,ithout a muzzle or sets on 0)' urnee any dogs or any animal to attack wor~y or put in a fear any person or cattle; "

I

(c) beqs imp.)rtWlo.tely for allf's or exposes or exhihi.ts wi:h the object or exciting chanty or of exhorti,1g alma any sores wounds lxxiily aliment ,or defonnity;

"

(d) willfully ind indecently e~s his person or commits a nui3ence by easing hi~elf or omi ts to prevent eny chi ld under his cere or custody from committing such nuisance; or 1

1

(e) is rouno drunk and incapal',>le of takinq care of himself or shall be pUfn,shable with fine ~hich may ex1end to fifty rupees, , ft . }

,I

I.

(

'/ ,

78

THE ANDAMAN AND NIO)BAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 79

---- ---------

(2) Whoever cruelly beats ill-treats tortures or drives r ides or otherwise uses any animals in- an unfit stste to be so driven. ridden or used, shall be punishable with imprisonment Which may extend to eight days or with fine Which may extend to one hundred rupees or with both.

(3) Previsions of this section shall be in addititon tc and not deroqation of any other law for the timE being in force.

Buildings

161. FOl the purpose of this Chapter a person Definations. is said t(. re-erect a building Who makes any material a11eration or enlargement of a buildinq or any part there of.

Explanal ion:- An alteration in a buildinq shall be deomed to be material, if it

(a' affects or is likely to affect

pre;udicial y the stability or saftey of the bui Iding 0)' the conditionof the building .in respect of .lre ineqe , ventilation, sanitation or hyqiene or

tbl Increase or diminishes the height or

cubical capacity of or the area covered. by the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law or

tel converts into a place for human

habitation a building or part of a building oriqlnally constructed for other purposes, or

(d) involes the addition of any rooms, out-houses or other sturctures to any buildinq, or

(E) involes the constructions in a wall

. ad joininq C!ny land not belonging to the owner of the wall oj a door opening on to such land. or

(j) is in alteration of any kind Which has been declared by any bye-laws to be a material a.teration.

Prohi:bi tion 162. (.i) No person shall erect or re-erect or of build- commence 1.0 erect re-ercet any building in a rnq with- municipal eree without the sanction of the out M.unici pal i v.v .

sanction.

"

( 2) EV'rry person Who intends to erect or re- erect any building shall qive notice in writing to the Municipality of such intention.

79

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80. THE ANDAMAN AND NlCOBAR EXTI\AORDINAR'i GAZETIE, DEC. 6, 1994 -~ ... --------- ., . .....l _

(3~ The Municipality may, by bye-laws.-- . .,

(a) prescribe the manner in Which notice of . the in~ention to erect or re-rect a hui lding shall be glven to the Municiaplity; and •

(b) require that with every such notice there shall be furnished a site plan of the land on Which it is intended to erect or re-erect such bu~lding and a plan and specification of the building of such character and with such details as the bye-laws may require in respect of a:ll or any of the following matter: namely:--

(i) the free J~sage or way to be left in front of the buildinc;; ( ii ) the space to. be 1 eft about the building of secure free circulation of air and' to facilatate scavenging [~d for the prevention of fire:

(iii) ventilatlon. and the provision and. position of drains, pr ivfee , latrines, urinals or cesspools;

(:iv) the level and with of the foundation. the level' of the lowest floor. and the stability or the structure; and

(v) the line of frontage with neighbouring buildinq, if the buildjnq abuts on a street.

•• "'Z"

(4) Where bye-laws have been framed under this section, on notice undf:lr sub-section (2) ahall be valied until the infol~tion if any required by such by~-laws has been furnished to the satisfaction of the MUllicipality.

Fower to

nlllke bye-

laws as

to mode

of const-

l63. A Municipaiity may. by bye-laws. regulate in respect of the erection :01" re- erection of any building within the my.nicipal area or any part there'Jf.:..-

ruction (a) the material~ and method of ~onstruction of build- to be used for external and party. walls. roofs. mc , floors. fire-places end chimneys;

(b) the material~1 and method of construction and position of f)re-places chimneys. drains pr ives . urinals and cosapool s ;

(c) the height o.lId slope of the roof above the uppermost floor upon Which human beings ~e to live or cookinq ooeret Ion are to be cerr Ied on ; f

(d) the ventilatl~n and the space to be left about the building to secure the free circulation of air and for the plevention of fire :

..

80

rns ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 6, 1994 81 ------------ -------------------------------------

Special

provision

for CBSes

where

bye-laws

have not

been

made.

Dispen-

sation

from

bye-laws.

(e) the line of frontage where the building abuts cn a street; ,

(f) the number and height of the storeys of which the building may consists; and

(g) the means to be provided for egress from the bujlding in case of fire.

16~. In any case in which no bye-laws have been D'ade under sub-section (3) ·of section 162 the Mur,icipality may, within fourteen days of the recipt of the notice referred to in sub-section

(2) of that section, require a person Who has qiven Euch notice to furnish. within one week of the receipt by him of the requisition. informltion on all or any of the matters as to which .bye-laws ~ight have been made and in such case the notice shall not be valid until such mrorme t ion has been furnished.

16:. A Municiaplity may, by resolution dispence with the observance of any or all of 'the bje-laws made under ,sub-section (3) of seetiol 162 in regard to the erection or re- er ect.i cn of any bui lding specified in the resolut ion ;

Provided that no such resolution shall .be prop08€u except with the previous sanction of the AdIDiniEtrator.

166. Within one month after the recipt of the notice required by powers sub-section 162 the MuniciTdlity may refuse to sanction refuse the buildilq or may sanction it either absolutely or such modifications as it thinks fit in respect of all or any of the matters specified in sub- sect i oi. (3) of that section and the person erect i1.q or re-erectinq any such bui Idinq shall comply with the sanction of the Municipality Municipality as qranted in every pert rculer . Pr: rv ided that if the Municipal ity neglects or omits, for two months after the receipt of a valid notice to make and deliver to the person who ha!l given such notice an order of sanction or refusa in respect thereof, it shall be deemed to h..ve sanctioned the proposed buildinq abso lut.e lv .

ExplallatlOn-- The Municipality may refuse to sanctiflil the erection or re-erection or any bui l d i nq either on qrounds affectinq the particll'j_Br building or in pursuance of a general scheme sanctioned by the Administrator reet.r i. :tinq the erection or re-rection of bu i Id inqs or any class of but Idinqs within Powers

refuse

sanction

to build.

81

-_- --

82. DE~8 ANDAMAN AND NICOBAR·, 'EXTRAORDINARY GAZETTE •

. • f. • • 1994

------ ---------------_.-

specified limits for the prev~ntion of overcrowding or in the interest of the residents within such limit::; or for any other public purpose and sanction may also be refused in any case in which there is any dispute between the Municipality and the applicant as the land on which is it proposed to erect the building until such dispute is decjded.

i67.Every sanction for the erection or re- erection, of a buildinq which is given or deemed to have given by a !'1unicipality shall remain in force fo~ one year only from the date of such sdnction and it the erection or reretion of the building is not commenced within the said period of one year. the senct ion shall be deemed to have lapsed;

Provided that such lapse shall not bar any subsequent applicatwn fresh sanotion under the forgoing provf s ions (,f this Regulation. 168.If ~he erection or re-erection of a buildinq is bequn or continued--

(a) Without sanction an required. by sub- section (1) of sect ion 162 or

(b) Without not rce as required by s~b-section

(2) of section 162 or ~

(c) after sanction has been refused or

(d) in contraveo":ion of the terms of eny sanction granted or

(e) after the e:ancLion hea- lapsed or

(f) any cont.rever.t ion of any bye-law made under section 163 the Municipality may by notice to be delivered within a reasonable time require the building to be altered or demolished as it thinks necessary ·"ithin a space of thirty days from the date of servi ces of such notice:

Provided that no su.=h notice shall issue in 'reespect of the contravention of any bye-law the observane of which has been dispensed with under section 165:

Provjded further t')at the Municipality poy instead of· requiring the alterration or demolition of any such building accept by way of compensation such sum ns it thi~ reasonable. _--

Lapee of

sanction

to build.

Penalty

for build-

ing without

sanction.

"

L

82

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZE'ITE. DEC. 8. 1994 83 o

Power to

inspect

drains,

privies

ond cess-

pools.

----------~------.----------------------------

169.(1) No compensation shall be claimable by an owner for any damage which he may sustain

consequence of a refusal to sanction this

erection of any buildinq.

Compensation

for damaqe

in respect

of erection

or re-erec-

{2} The Municipality sholl make full tions.

compensation to the owner of any damaqe which may sustain 1n consequence of a refusal to sanctIon the re-erection of any buildinq:

Provided that the Municipality shall not be

liable to alake any compensation in respect of a refusal to 5~ction there erection of a building which for a period of three years or more immed- iately preceding such refusal has not existence or has been unfit for human habitation.

CHAPTER XI

GENERAL PROVISIONS

A P)wer of entry and Inspection

170. Any per30n authorised by the Municipality In this behal f llOy-

(a) ef t.er ':;l i ving twenty-four hours notice to the occupier or if there be no occupier to the owner of any bui 1 ling or land in a Municipal area at any time bet~een sunrise and sunset enter inspect and measure the building or land for the purpose of valuation: and

(b) enter '~1d in5pect any stable coach -house or other plac~ where-in there is reason to believe that there i3 any veclcle or animal lio.ble to tax In under tn is Requlation or for which a licence has not been duly taken out.

171. ( 1) .\ny person authorised by the Municipali t'l :in this behalf may. enter between sunrise end sunset any buildinq or land in a Municipal ar'~a and inspect any drain. privy. latrine, ur iie l cesspool . cable. wire pipe. sewer or channel theirin or thereon and cause the cround to be opened where such person thinks fit for the pu 1JCSe of preventinq or removing any nuisance arisinq from the drain privy, urinal, latrine ceB~pool. cable wire. pipe, sewer or channel.

(2) If on such inspection it appears that the openinq of the ground was necessary for the prevention o ~ removal of a nuisance and expences thereby inr'~red shall be paid by the owner or occupier of the land or building but if it is found that no nuisance exists er but for such opemnq would have arisen the groWld or ~rtion Power of

entry for

purposes.

of val uation

or taxatlon.

83

t14. --~-----------.:---------- -------- THE ANDAMAN AND NICOBAR EXTRAORDINARY' GAZKI""m, DEC. 8, 1994 Power to

:inspect

buildings

sanitary

purposes.

General

powers of

entry on

buildinqs

or land.

Power to

inspect

places

for

illicit

slaughter

0,[-

animals.

of any building drain or other work' (if any)

opened ~njured or reaoved for the purpose of such

lnapectlon shall he filled in reinstated and made

by the Municipal Itv. <> -

(3) No building other than·a latrine urinal or privy shall be entered under this section until six hoU(s notice in writting has ~n given to the occupier of the building by the Munic,ipality or by the person authorised by the MuniCipality to make the entry. ,

r

172. Any person authorised. by the MWlicipality in this behalf may after givin~ three' hours notice to the occupier or if there be no occupier to the owner of any building in Municipal area enter and inspect it all any time between sunrise and sunset where such inspection. appears necessary tor sanitary reasons:

Provided that if the building to be' inspected is a stable for horses or a house or such tor cows or other cattle orevfous notice shall not be required before inspection.

173. Any person autnor tsed by the Municipal i ty in this behalf may after giving twenty ~our hours notice to the c~cupier or if there be no oCcupied to the owner of any building or'land in aMunicipal area at any time between sunrise and sunset-^o

(a) enter and SUI vey or take levels or measurements on the bl'ilding or land;

(b) enter the bu i Id: ng or land for the purpose' of examinq works under construction of ascertaining the course of eevers of drains or of executing or repairing any work which the Municipality is by this Regulation empowered to execute or to maintain; or

(e) enter the buildir,gs or land tor the purpoee of inspecting or l'epairing water or other installations or for takinq r~ading6 of meters connected therewith. .

174.If here are reasonable groWlds for believing that any animol has been is being or is about to be slauqhtered for sale in 0. Municipal area in any place or preadeos not appointed for such purpose under section 120 or in contravention of any bye-law the Municipality by any person authorised by it in this behalf DJl1y at all reasonable times en tel' into and respect any such place or premises.

•.

84

TI!E ANDAMAN AND NII;OBAR EXTRAORDINARY ~AZETIE, p,EC. 8. 1994 85 • o

Power of

entry for

purposes

of preve-

ntinq

spread

of

disease.

General

provi-

sions.

Reason-

able time

for com-

pliance.

with noti-

ce etc. ,

to be fixed.

Authenti-

cation.

service &

validity.

of not:i.-

ces.

---------------------------------------

175. Any Jerson authorised by the Municipality in this benalf may at any time between sunrise and sunse t enter any· bui Id inq or premises situated in a Municipal area in which any infections of contagious disease is reputed or suspected to exist for the p~ of insectinq such buildjng or premises.

176. A ~Iunictpality may authorise person to exercise I.he powers of entry conferred by the foreqoing sections of this chapter either qenerally in regard to all buildings and landa, or particu.arly in reqard to specified buildings or lands 0 - classes ot buildings or lands.

(2) When ~y buildinq used as human dwellinq is entered illljer this Regulation due regard shall be pald to the special and reliqious sentiments of the occupiers and before any apartment in the actual a cccupancy of any·'Wa.QaTl who according to custom do: s not appear in publ i c is entered under this HequJation notice shall be given to her that she is at liberty to withdraw and every reasonab l-: facility shall be afforded to her : for withdrawillq.

171. Wheil any notice under: this Heoulation requires any act to be done which no time is fi~ed by :his Regulation it shall fix reasonable time for loinq the same.

178.(1) Every notice issued by a MUnicipality under th:s Regulation shall be in writing. signed by the chairperson a vice chairperson the secretary or of any other person specially authorisnd by the Municipality in that behalf. and may be served on the person to whom it is addresse. i or de 1 i vered or 1 ef t at this usue 1 piace aXXle or business with sane adult male member o~ servant of his family. or. if it cannot be so se~ved, may be affixed to some conspicuous part of ~i9 place of abode or business.

(2) When' the place of abode or business of the pe130ns to Whom the notice is addressed is not witlin the limits of the Municipal area, the notice may be served by posting it addressed to his usu«) place of abode.

l3) if the owner of any property has no place of abod,! or business within the Municipal area, every sich notice addressed to him as such owner. may be ~erved on the occupier.

85

- ----=--_ ..... -- --~- ---- -

86. THE ANDAMAN AND NICOBAR EXTRAORD~NARY GAZETTE. DEC. 8. 1994 --------------------"':""

(4) Wb<3n the place of abode or' business of the occupier of any property is not known every notice addressed to him as suo)1 occupier. may be served by i\ffixing it to scme. conspicousus ~t of the proper-ty,

(5) No notice issued by. the municipality under this Hegulation shall be: invalid 'for defect of torm.

I ' ..

179. WhE'never it is provided :by or under this Regulation that the notice may,be given to the owner or occupier of any land! or building and the owner er.d occopier are different persons such notice shall be qiven to that one of them Who is primdrlly liable to comply with such notice, ~d in case of doubt to both of them: . Provided that in any such case, Where their is no owner resident within the municipal area, the delivery of such notice to:the occupier shall be sufficien =..

180. Wh-d11 any notice is.by or under' this Regulation, vequrred to be given to or aerved on the owner 0.,' occupier of any property and he is unknown, it ney be given or serred -

(a) .by ue l iver-inq a written notice to some person 'on thl! property, or if there is no . person on the propurty to whom it can be delivered, by affixing it to some conspicuous part of the property; or

(b) by [XlSting a pre-paid letter cont~inlnq a written notjce and addressed by the description of the "ovr-er" or "occupier" of the property (naminq it) in respect of which the notice is given. without further name or description.

I,

181. J;;V'3ry publ ic not i qe qi ven .by a Municipal ity 'under this Regul'ation shall be pub 1 ianed by ;)roclamation or in such other manner ~ the Admin:i'3trator may direct.

182. Who-wer disobays any lawf~l direction given or prohibition imposed .by a Municipality by public not i co under this RegiJ.lation or any written not i co lawfully issued by it there under, or fails to c(:mply with the condition subject to which any permission was given .by the Municipality to him thereunder, shall if the disobedience or failure, is not ,an offence punishable uncer any other section. be punfahab le ----------

Service of

notice etc.,

when Qwner

and occupier

are different

persons.

Mode of

giving notice

to owner or

occupier of~

property ..

Publicotion

public

notices.

Penalty for

disobedience

of Muni-.

cipality.

?

---

86

THE ANDAMAN AND N [COBAH EXTRAORDINAR~ GAZE'ITE, DEC. 8, 1994 87 ----------- ---

,.

'"

Payment of compensa- tion by Munici- pality. with fine I"hich may extend to fifty rupees and in the case 'Jt continuinq dlsobedience of failure with a further fine which may extend to fine which may extend is fifty rupees and the cash of continuinq disobedience of failure with a further fine which may extend to five rupees for every subsequent day during which disobedience or failure continues ;

Provided that, when the notice fixes a time within WhlCh a ceatain act to be done and no time is specified by or under this Regulation, no penal ty E hall be incurred by reason of such disobedience or failure if. in the openion of the court tryJng the case, the time so fixed was not a reasoner le time

183. ~henever the terms of any notlce i86ued this Recu Iat ion have not been coepl red with the MunicipalJ ty may, after six hours. furhter notice. cause the act to be done by its officers.

184. Any person willfully obstructinq the Municioallty or any officer or servant of a Municiapl)ty or any authorised by a Municipality , in the ~ xercises of any po~r conferred. by or under t.h: s Regulation, shall be punishable with fine whicl may extend to fifty rupees.

185. (1) Where. under this Regulation, the owner or uccupier of any property is required by a' Munic:iilplity to execute any work and default has been made in complying with the requirement end the HU'.licipality has executed the work the MuniCipal lty may recover the cost of the work from the person in default.

2) Where any money recoverable by the MunicipalIty under this section is payable by the owner of .he property'. it shall be a charqe there on and -she l l recoverable as if it were a tax levied by the Municiapality on the property. C. Paynent of compensation by Municipality 186.(1) A Municipality may make compensation out of the Municipal Fund to any person sustaininq any damaqe by reason of the exercise of any of the powers vested in it or its officers or servants under this Hequlation, and shall make such comrensation where the damaqe was caused by its neqliqence ot lts officers or servants and the perscn sustaining the damage was not himself in default in the matter in respect of which the power WaE exercised.

Power in

event of

non-ccm-

pliance with

notice etc.

Penalty

obstructlnq

MunlCipality.

Recovery

of costs

of execution.

87

· I, _~ ~ TIi~ANDAMAN AND ~ICO~ EXTRAORDINARY GAZETIjE. DEC. 8. 1994 ------.----~-_.,.:.,---------

Appeals

from

orders

of Muni-.

cipa.lity.

}'rose-

cution to

be suspe-

nded in

certain

cases.

powers and

duties of

police in

respect

of offen-

ces

against

Regulation.

(2) If any dispute arises regarding the. ~unt ~f any compen6dtion which the Muniqipality 18 requrred by this Regulation .to pay for; injury to any building or land it shall be settled in such manner as' the parties may agree. or in default of agreement In the manner provided by the Land Acquisition Act 1894 with reference to the acquisition and payment of canpensation for land for public purpose so as the provisions of that Act .can he made applicable. . D. Appeals from olders, etc., of Municipality 19"1.(1) Any perSOIl aQ9rieved-

(a) by the ref~ll of a Municipality under section 166 to eenct ion the erection or re- erection of a bui Idln'l; or

(b) by a notice' trom a Municipality under section 168 requjring the alteration or demoli tion of 0. bui 1 o.ing; may appeal .within tltirty days from the date of such notice or reflli~al, to such officer as the Administrator, may cppotnt in this behal f or failing such appointment to the Deputy Commissioner but no 3uch notice or ref~l shall be liable to be called in question oth&:l-wise than by such eppee l , r -

(2) The eppea i late authority may. it if thinks 'fit extend the period allowed by sub- sect iont L) for appee l ,

ing the notice or refusal appealed from shall he final:

Provided that the notice or refusal shall not he ,modified or set aside until the ~ppellant and the' Municipality have had a reasonable opportunity of beWq heard.

188. When any 'Jrder of a kind referred to in section 182 or eect ion 185 is subject to appeal and an appeal with has being instituted against it all proceedinqs to enforce Buch order & all prosecu~ions for any contravention thereof or non-compliance t here with sha.ll be suspended pending the decruion ot the appeal and if such order is set aBide on appeal, disobedience tnereto shall not be deemed to be an offence.

"^», E. OffenDee and prosecutions 189.(1) EvelY police officer shall give immediate informcltion to the Municiapl ity of any offence made punishable by or under this 'Regulation and shall be ooWld to; as~i~t ~ll members, orr icers & servants of the .. MunlClpallty in the exercise .,f their lawtul authority.

..

Q>--

88

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. DEC. 8, 1994 89

,;

Authority

for pros-

ecutions.

Power to

compound

offences.

(2) .NlY police officers may, without an order tram a Maqistrate and without a warrant arr~st any person e

(a) t he name and address of such person are unknown to such officers and

(b) auch person declines to give his name and address, or there is reason to doubt the accuracy of the nem« and eddrees , if given.

(3) A person arrested under this section may be detaine~ until his name and address have being corectly O1:certained :

I

I

Provided that no person SO' arrested shall be detained for a longer period than may be necessary for bringing him before a Magistrate and that such period shall not exceed twenty-four hours except under the order of a Magistrate for his detenti)n.

190. Unless otherwise expressly provided no Courts all take cognizance of any offences made punishable }o/ or under this Regulation except on the complaJnt of or upon information received froo the Municipality or some person authorised by the MunlCipality in this behalf. 191.(1) ~ Municipality or any of its officers authorised in this behalt may accept from any person again~ whom a reasonable suspicion exist that he has ~ommitted an otfence made punishable by or under 1:his Regulation a sum of money by way of compositinn tor such offence.

( 2 ) On payment of such sum of money, the suspected person if in custody, shall be discharged.. and no further proceedings shall be taken against him in reqard to offence or alleged offence BO compounded for.

/

(3) Sums paid by way of canposition under this section shall be credited to the Municipal Fund.

192. No Judqe or Magistrate shall be deemed to be a patry to or personally Regulation or any other law. w'.thin the JDeaning of section 479 of the Codes of Cr imine l Procedure 1973. by reason only that he is a member of the Municipality by the order. or under the authority, of which such prose cut jon haS been instituted. Members

not'to be

disquali-

fied from

tryinc , '

89

--- -_ - -----

---------...-------- 90. THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZETI~. ,DEC. 8. 1994 --------

193. Where any person is convicted. of .eny offence made punishable by or under tpis Regulation the Magistrate may direct t~t such coot of the prosecution and such ccmpensation for any damage which may have been caused to any municipal property in the commiesion ',of such , offence' shall be paid by such person and any sum so ordered to be paid shall be recoverable as if it 'were a fine and be" credited to the Municipal Fund.

.F Suits

194. No suits Sh.lll be instituted against a Mun~oipali~y or against any member, officer. or servant of a Municipality in respect of' any act perporting to he done in its or his official capaci ty unt i 1 the exprret.ion of one, month next after notice in writlnq has been. in the case of a Municipality delivered or'left at its office, and in the case or an officer or' servant delivered to him or 'left at his office 'or place of abode, stating the cause ot action and the name and place of abode of the intending plaintiff :

Provided that nc.thinq in this section applied to any suit instituted under section 54 of the specific Relief Act 1877.

G. Recovery of Municipal Claims

195. (1) Any tax rete , cess or fee ( other than a school fee) and any costs, damages or compensation or other monies payable. or claimable or recoverable by a Municipality under this Hegulation or any rule or bye-law may, after a demand has beer.' made therefor in the manner prescribed by rules made by Administrator, 'be recovered. on application to the' C411ector

Provided that nothing in this section shall prevent the Municipality in its discretion. from suinq for the anount payable in any canpotent Civil Court.

(2) If any proper'ty, movable or immovable is sold WIder the proviatone of this Regulation and there is, after~~yment of the amount due to the Municipality, any surplus from the sale proceeds, such surplus shall, if the owner of the property Bold claims it wjthin' six months from the date of the sale, be pare. to him by the Municipality, but Power of

Magistrate

to order

payment of

of coste

and damages.

Suits against

Municipality

or its

officers.

o

Recovery of

taxes and

other claims.

90

------ ------------ THE ANDAMAN AND NICOBAR EXTRAORDINM1Y GAZETTE, DEC. 8, 1994 91 ------------------

"

if no such claim is prererec within such time, the said surplus shall ~ credited to the Municipal Fund, and no suit shall lie for the recovery thereof.

(3) no distrees attachment of sale made or held undor this Requlatior. ahall be deemed unlawful, nor shall any perscn making or holding the same be deemed to be t~pasaer, on account of any error. defect, or want of form in any bill, notice. schedule, form, notlceot demand, warrant (If distress of attachment in ventory or other proceed inq relating there to if the provision:::: of this Regulation have been in substance and effect complied with :

Prov iued that any per-son aggrieved by any irreqular~ty may recover satisfaction for any damage su£~ained by him arisi1g there from. CHAPTER X!

DISTRICT PLANNING 'JOMMITTEE

1~6.(1) 1here shall be coos·:.ituted for all the districts in the Union ter~itory. a District Planning Oommittee to cons91idate the plans prepared by the Panchayats. 'Municipalities and the triba 1 administrative bodies in the areas notified under sub-section (1) of section 3 of the AndaIDOrl and nicobar Islands (Protection of Aboriqinal Tribal) Regulation, 1956, and to prepare a droft development plan for the Union territory,

(2) '1 he District Planning Cooimittee shall consist of.-

(d) the Adhyak5hd of the.Zilla Parishad who shall be the Chairperson;

lb) the C~airperson of the Municipality;

(c) t~e Member of Parliament for the Union Territory;

(.d) s ich number or persons not less than four-fitth~3 of the total number of members of the Commitee as may be specified lD' the Administrator shall be elected by and fram amongst the elected members of Zilla Parishad and 'the Municipality in proportion to the ratio betw~ the population of ) the Zj 11a Parishad and of the Municipal ities in '1the districts including such nUffib9r of pe~ns r-eh6Sen in :3uch manner as the AdmInIstrator ma by er pUbllsne In e lCl~ e e ermine

the followinq namely:--

District

Planning

Committee.

91

92. THE ANDAMAN AND NlCOBAR r:.xTI{AORDINARY GAZETI'E. DEC. B. 1994 Power of

Adminis-

trator

over

Munici-

pality.

--------------- .... ---- ---------

(i) six persons from among the tribal reardente in the Car Nrcobar tahsil; ( i i) Four persons f:rolIi the tribal residents in the 'Nancowry tehsil(excluding Great Nicobar);

.

(e) one person belonging to any of the Scheduled Tribes of the Andamanees Ong'~6 or Shoopens to be nominated by the Admin i stetor :

(f) secretary to the Union territory incharge of .planning; . ,

(g) secretary to t.he- Union terri tory incnarqe of Finance; ;\

(h) secretary to the Union tetritory incharge of local self-uovernment; .

(i) The Chief ExecuUve Officer of thei Zilla Per rsned Secretary-ex-ofi icio.

(3) The District Planninq Coomittee shall prepare a draft Developnent Plan.--

(a) hevmo recard t»,

(i) matters of c~non interest between the Panchayats, Municipalities, reserved area, municipal area and oxhe r areas . including spatial planninq sharing of water and other physical and natural resources, integrated development of infra~tructure' and envjronmental conservation; (Li ) the" extent and type of evai Ieble resources whether f inencra] or: otherwise:

(b) consult e.uch institutions and organisations as the Mmjnistrator may by order specify.

(5) The Chairperson of the District Flanning Committee shall forwar.d the Development ,Plan as recommended by such, committee to tho Administrator. :

CHAFfER XII

('ONTROL

CONTROL BY 1 HE ADMINISTRATOR

197. (1) The' Admwistrator and the Deputy Commissioner actinq under the orders of the AdIDinistrator shall be bound to require that.:' the proceedings of Municipality sholl De in conformity with the law for the time being in force.

(2) The Administr.itor may ecercree all powers necessary for the performance of this duty and may, amonq othe!:'. thinqs, by order inwritinq annual or modify any proceedings of a Municipality whiGh fie may consider not to be in conformity with law.

....

o

,.

92

-- THE ANDAMAN AND NICOJ3AR EXmAORDINARY GAZETTE. DEC. 8. 1994 93 ---------------- -----

Power to

cancel or

suspend

any re-

solution

passed,or

issued or

licence

or per-

mission.

( 3) The J)~puty Cc:mmissioner 1My. for the same

• j purpose. exerrnse such powers as may be conferred upon him by the Administrator.

198. loe Administrator may, by order in writing-

( i) suspend or cancel any resol ution passed. or issued, or 1 ioence or -permission granted,. or

(ii) prohibit the doing of any act which is about to be

(a) such resol ut ion. order. 1 rcence , permission 0]' act has not been legally passed, iB8ued, qr ant.od or authorised. or

(b) such resolution, order, licence, permission OJ' act is in excess of the powers conferred by 1.his Regulaiton or any other law. or

(c) the execution of such resolution or order, the c(lntinuance in force of such licence or permiSSion or the doing of such act is likely to cause danqur to human life, health. or safety. or is likely to lead to a riot or an affray:

Provided that the Administrator shall before takrnc act.i on under this section on any of the grounds rereired to in clauses (a) and (b) give the authority or person concerneq an opportunity for an explanc~tion.

199.(1) If, in the oplnlon of d

Administrator, the Municipality, persistently makes defaul1 in the performance of the duties Imooeed on J t by or under this Regulation or exceeds or aliUSes its powers, the Administrator may by an c-rder published, together with a Statement or reasons therefore, in the Official Gazette dissolve the Municipality:

Provided 1 hat the Muni cipal i tv shall be qj ven a reasonable opportunity of being heard .before its dis8olutic'n.

(2) When 1he Municipality is dissolved by an order under si.b-sect ion (1 )-

(a) all members shall, on the date of the dissolution, vacate thelr off~ce as such members and the peraons referred to in clause (a) of sub- section (2) of section 9 shall cease to be represented ir the Municipality;

(b) durirg the period of dissolution of the Municlpality. all powers And duties conferred and imposed UPOfl the Municipality by or under thls Hequlat:on or any other law, shall be excercised rud performed by such officer or autnoritv as the Administrator may appoint in that behalf: cnd

Dissol uti on

of the

Municipality.

93

94. THE ANDAMA

-------____ NAND NrCOBAR EXTn. ' ----- ~~?RDrNARY GAZEn'E. D,~C_ 8 ---- ~ • 1994

(c) all pr .. Municipality Sh~itrty a~d ~lghts vested in : the vest in the Governmen~tll It is reconatituted.

200. If any disput ' • which this Regulation d e, tor the decision ot arises between two orees not oth~~lse provide between an Munic' . more MUnlClpalities or the IDOtterYShall ~h~y aud any other authority.

"/hose- decision shall r~ erf~(3dlto the Administrator l).ja .

CHAPTER XIII

BYE--LAW AN)) RULES A. Bye -laws

201.A Municipallty may,by bye-!aws--

(a) re~der licences necess,u-y for the proprietors or dr~vers.of vehicl~s or animal kept pr plying for hlre wlththe,llmlts of the municipal area. and fix the tees payable tor such licences and the conditions on which t.hay shall be granted' and may be removed.and may by 'Such conditionS provide amonq other thinqs for 0 minimum breadth, for wheel tyres tor a minimum Jiameter of the whe~ls;

(b) limit the rates which may be demanded ~ £0; the hire of any carriage, cart of o.ther conveyance. or of animals hired to carry loadS or persons, or for the services 'of persons hired~ to carry loads to be carrie-d by such conveyances animals or persons when hired 'within ~} the municipal area for a per icd not exceeding twenty four hours: . ,

(c) provide tor the propel registration of births marriages and deaths WId for the taking of a census;

(d) fix, and from time to time vary the numl:>er of persons who may occupy a building which is let in lodging or occupied by Jllt~ml>ers ,ot more than one family' or which is situatfxi withln such congested areas as may be specifiell in the bye-laws;' and provide-- ,

( i ) for the r~istration and insp6cti,on of, suc~. buildinqs;, ' . . .'

(ii) for promotin~ cleanl inesa and ventllatlon m such buildings;

(iii) for the notices to he given and, the precautions to be take·l in the case . of any informations of contagioJS disease brealung cut in such buildings;

------

(1- Disputes between MunlciPd- lity. I General bye-laws.

"

94

THE ANDAMAN AND NICOBAP EXTRAORDINARY GAZETTE, DEC. 8, 1994 95

------------------------------------

(iv) in.the c~e of hotel, sarais lodging-houses and resldental olubs, for the' m4intenance of registers in such form as the Municipal,ity may prescribe,of visitors and lodgers;and

. (v) generally for the proper requlation of such DuildInqs;

(e) provide-- ( i ) for the rn-soect.i on and. proper requlation of encamping qrounds , pounds, seraiss. hotels, resturant. lodqino houses, tea-stalls. confectioneries bakeries aerated- water factories ice-factories. dhobie qhats. flourmills and slauqhter hOUSES:

(li) for [he jnspection and proper regulation of municipal rcer ket,s , for the preparation and exhi ni t ron ot a list current prices and for fixing the ft,es rents and other charges to be levied in such markets;

( iii) for th'~ holding of fairs and industrial exhibitions wi:hin the municipal area or under of the control ,)f the Municipality and for the collection of tees under section 140; (iv)for controlling and regulating the use and manaqement of burial and burninq-grounds:and

(v) for the superVISIon, regulation and protection t r cm pollution of public wells, tanks springs or 01 her sources from which water is or WI t.nout the mun i c ioe l ar ee :

(f) require and regulate the appointment by owners of bUl.dinqs or land in the municipal area who are not resident in the IDW1icipal area of persons r es i-Hnq within or neer the municiapl area to act e.s their agents for all or any of the purposes of t~i8 Hequlation;

(q) Where the collection of a terminal tax has been sancticned fix ternnnal tax limits for the purpose of collecting the some and prescribe routes by wh)ch goods, animals or doqs which are subject to si.cn terminal tax may be brought into the IDunicipa.' area;

'.

(h) render 1 .cenees necessary for using premises as stables ,;ow-houses, or houses or enclousres for sheep )r. qoat.s : and otherwise reuglate keep inc of a1imals within the>mUlv.icipal area:

(i) In any municipal area where a reasonable number of sieucnter houses has been provided or licensed by the Municipality control requlate or

95

THE ANDAMAN AND NlCO~ EXTRA()RDINARY GAZETTE, DEG. 8, 1994 .. ---_._---------------,------ ---

~rohibit the admission witldn the municipa1 area for the purpose of sale of the flesh (other than cured or ,reserved meat) of any cattle, aheep, goat or SWlne slaughtered at any slauqhter-houee or place not maintained or licensed Under this Regulation, and provide for' the seizure. destruction or disposal oi',herwise of any flesh brought within the IDl.micipal' 'limits in contravention of any such hye~law:

(i) prohibit the lett inq of off fire-dI1llS. fireworks. fire balloons or detonators except -

(i) with the peraf saton of ,the Municipahty' or of an officer of the Municipality empowere~ to give such permission: ~

(i1) subject to such conditions as the Municipality may impose. and

liii) on payme~t of such fees (it any) as may at any time have been t i}( ad by the MuniCipality in ·that behalf:

(k) r~late the making and use of connections or' cornmunicetions between private houses and premises and robins or service cables. wires. p,ipes, drains. sewers and other channels establi3hed or maintainE,d by the Municipality under any of the provfafons of this Requlation; c-

, (.1 ) reculate the J ()5ting of 1>i 11s and advertisements. and the position, size, shape and style of name-hoards, Sigll-ooards and s~gn-posts:

,

(m) provide for and rugulate the construction and maintenance of oolillllary walls, 'hedges and fences hereafter erected or re-erected 60 as to about on a public street ,)r upon property vested. in the Municipality;

(n) regulate or prohibit any.discriptiop or traffic in the streets;

, I .

(0) prohibit the storage of more than a ·flxed maximum quantity of any explosive pe~roleum spirit, naptha or other inflammable materlal i,~ any building no licensed under section 137;

(p) provide for' the e.etzure and confiscation of ownerless animals atrayinq w.ithin the municipal area:

(q) provide for the registration of, a.l1 or any specified classes of d6gs,~and'in particular and without pre_j\.\dice to the generally of the foregoing -:-

96

THE ANDAMAN AND NIC)BAR EXTRAORDINARY GAZETTE. DEC. 8, 1994 97 -------------_._- --------------_._-- -----------------

Pr rvts Ions

relating

to

bye-laws.

(i) provide for the imposition of an annual tee for such reqistration;

(ii) require that every registered dog shall wear a collar to which shall be attached a medal token to be issued by the Municipality; and

(iii) ~rovide that any doq, not reqistered and not bearing such token may, if found'in any publ ic pe Ice be detained at a place to be set apart for t he purpose and shall be 1 iable to be destroyed cr otherwise disposed of after such period as m~y be specified. in the bye-law; or

(r) qererally provide for any matter which may be eut hc.r i sed by the Administrator; 2U2.l1) Any power to make bye-laws conferred by this Heoulation is conferred subject to the bye-laws beJnq made atter previous publication:

(~) l~ makinq any bye-law the Municipality may direc1 that breach thereto shall be punishable with tine which may extend to fifty rupees and on the case of a continuing breach with a t in ther fine which may extend to t ive rupees for Hvery subsequent day during which the breach cont nues:

Prov idert that in lieu of or in addition to infllctinq such fine the Maqistrate may require the off ende-: to remedy the mischief so far as if within his Dower:

(3) No :>ye-law shall ccme into force until it has been ;ontirmed by the Administrator and published II such manner as the Administrator may d.escr iOO rn this behalf.

(4) Th3 Administrator may in confirming a bye-l,lw me ce , any chan~ in its form WblCh appears to him to be necessary.

(5) n~ Administrator may cancel his conr rrmat ron of any such bye-law, and therupan the bye-law shall cease-to have effect.

(6) A coPy of all bye-laws shall be kept at the oiflce ot the Municipality and shall be open during office hours without charge to the inspectlon of any inhabitant of the municipal area.

(";) Cot ies of all such bye-laws shall be keot at the sa: d office for sale to the public at a' price not (xceeding tive rupee5.

97

8. THE ANDAMAN AND NICOBAR EXTRAORDINARY. GAZETTE, DEC. 8. 1994

--~.- ---'_._-----------------------:---- --------:---

B,'Forms and HUl~S '_

203. (1) The Administrator UlaY prescribe forms for any proceeding of Munici~11ities, for which he considers that form ahou Id be provided - and may, subject to the condi tion of previous - pUblication, by notification. I~e rules to carry out the provisions of this Re~llation, Forms and

, rules. 1'1 -

(~) In particular ami without prejudice to the generally of the foregoing powers, such rul~ may provide tor all or any of the following matters namely :--

I

(a) the qualifications requist in-the case of persons appointed by-a Municipality to offices recurr-inc profeasfonal ski 11 :

(b) the authority on which money may be paid from the Municipal Fund , and t.he management and regulation of Provident Funds (if any) e~tabli5hed under ooctiOll 2~;

( c) the custody and US-'3 of

appliances and other mat3rials

Municipality under section 105:

(d) the proCed~ to be observed for the appointment, punishm~nt or dis~issai of officers and servants of Mun:icipality and as to appeals from order of ~:ppointments , punishments or dismissal:

implements,

kept by

.: ..

-

:-

.-

\

(e) the condition on wn icrr property may be acquired by a MuniCipality or on which property vested in a Municipality may be transferred, by sale, mortgage leese, exchange or oterwise;

(f) the oreparat ion of plans' and estimates for works to be partly or wholly constructed al.- the expense of Municipal ities and the persons by whom, and the conditions subject to which such plans and estimates are to be sanctioned;

(g) the assessment and collection and the compoisition, refund or the llmitinq of refunds. of taxes imposed under this Regulation and the prevention of evasion of the same; and the fees payable for notice of demand;

(h) the conditions on whjch a Municipality may receive goods into a bondE,d-warehouse and the agreements to be siqned by traders or other wishing to deposit Qoods ther)n.

98

THE ANDAMAN AND NICOllAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 99

(i) the accounts to be kept by Municipallties, the condition on which such account are to be open to inspection by inhabitants paying any tax under this Requlation, the manner ) n which such accounts are to be audited and published, and tre power of the auditors in respect of disallowances and surcharge;

;

l .i) the returns statements and reports to be submitted by Municipalities:

(k) the language in which business of Municipalitje~: shall:be transacted. proceeding recorded and not ieee issued:

(1) the Dubllcation of public notices;

(m) the requlation of the proce~inqs of Municipalities and persons empowered to accept composi t ron under section 191 tor alleqed offences;

( n ) the me i nt.enance . control and requlation of water work~ and supply of water; (oj qenerally the guidance of Municipalities and public officer in carrying the purposes of this Regulation ; and

tP) the intermediate office or offices{if any) throuqh which correspondence ~t,",een Municipalities or members and the Administrator or the Deputy Commissioner shall pass; i

(q) the powers to be exercised by the Deputy Commissioner under section 97.

t r) any other matter which hos to be or may be provided.

(3) In maKing such rules. the Administrator may direct that a breach of any provisions therof shall be punishable with tine which may extead to fifty rupees.

(4) A ru l-s may be general for all municipal areas. or for all municipal areas not expressly expected from its operation or may be special for the whole or ,my part of one or more municipal areas, as the ~dministrator may direct. - ,

99

[.1 .•.•

100. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. DEC. 8. 1994

l.-<'l.Ying of

rilles

and bye-

lt1\OlS

before

par 1 ia-

mont.

vecencres

and irre-

([\.ll uri t.i -

es not to

rnve l i-

d.o.te oro-

(:("ed:i nCl~?

l:'l'C.'ot of

1J\\.ln1Cl-pa1

records.

204. Every rule and every bye-law ~de under this Regulation shall be laid as soon as may be after is made before each House of Parliam~nt While it is in session OJ' a total period ::of thirty days which may be comprised in bne session or in two or more sucessjve sessions and if before the expiry of the session immediately following. the session or thE, successive sessions as aforesaid both Houses C.g-ree tor making any mod it i cet i on in t.he rule or bye-law or both houses agree that the rule or bye-laW should not be made. the rule or bye-law shall thereafter have effec~ .only in mod if jed from or be of no effect as the case may be: so however that a~y such modification or ennfu lment, shall be without prejud i ce to the validity ot aiwthinq previously done under that rule or bye-·law.

CHAPTER ~;IV

SUPPLEMENTARY

~05. No act done or pruceedin_g' taken under this Hequlation shall be·quost.ioned on the ground merely of the existence oj' any vacancy in any MW11cipality, sub-committee or joint committee· or on account of any defect or irregularity not affecting the merits of the case.

206 _ (1) A copy of any receipt application plan, notice order entry in a register or other document in the possession of a Municipality shall if duly certified by i:he keeper thereof or other person authorised )y bye-laws in this behalf be received as evidence of the existence of 'the entry or document and of the matters of transaction therein recorded rn every cese where and to the same extent as the oriqinal entry or document would if produced have ~en- admi~ible to prove such matters or tr,'iI)sactions.

(2) No officer or eervent of a Municipality shall in any legal proce~dings to which the Municipality is not a party be required to produce any register or document the contents of which can 00. proved. under 3ub-section (I) by a • .

. certified copy or to appear as a witness to prove the matters' o~ transactions recorded therein. unless by order of the Court made for a 'special cause.

, .

~- , . ..

100

....___' f

--_

..

" - .- ...•.

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 8, 1994 101

-------------------------- ---------------------

Amendment

of requ-

lation 1

of 1994.

Power to

remove

difficu-

lties.

Repeal of

Requla-

tion 4 of

1979.

Repeal and

savinqs.

207. In section 1 of the Andaman and Nicobar Is 1 an cia (Panchayats ) Regulation. in sub-section (2). for the Words "The Andaman and Nicobar Istends (Municipal Boards) .Regulation, 1907" the words "The Andaman and Nicohar Islands (Municipal) Requ Iat ion , 1994" , shall be substituted.

208.(1) If an} difficulty arises in qlvlng effect to the prov-atons of this Regulation, the Adndnistrator may by order published in the Official Gazette make such provlslons not inconsistent witn the provisions of this Regulation as appears to him to be necessary or expedient tor remcving of that difficulty:

\

Provided thai. no such order shall be made atter the expirntion of two years from the commencement of tnis Requaltion.

(2) Ev~ry order made under this section shall as SOCln as may r-e after 1 t is made laid before each House ot :Pal 1 iament .

209. (1') The Andaman and Nicobar {Administrator) Regulation, 1979 is repealed:

Islands

hereby

Provided that the Pradesh Council existinq immediately before the commencement of this Requlation· sne l . cease to exist on the date ti 11 immediately before the date fixed under section 150 of the Andaman and Nicobar Islands (Panchayats) Relualtion 1994.

210. (1)

(MuniCipal repealed. The Andaman and Nicobar Islands Bocrds) Regulation. 1957 is hereby

(2) lhe r-epee l of the said Requlation shall not effect,--

(aj the previous operations of

Hequlation (Jr any other done or thereunder; 01

the said

suffered

(b) any riqht, privilege, obliqation or

liability acqJired. accrued or incurred under the said ~equlatl~n; or IC) any penalty; forefeiture or punishment incurred In respect of any offence committed against the ~,aid Requlation; or

101

102. 'nIE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, DEC.· 8, 1994 Cd) any investigation, legal proceeding or

remedy in respect of which such riqht. privilege, obligation, liability. forefeiture or punishment as aforesaid on amy such investigation. leqal

proceeding or remedy may be instituted continued or enforced any such penalty, forfeiture or

punishment may be imposed as if this Regulation had not been promulgated.

SHANKEH DAYAL SHARMA.

President .

. "

K.L.M:lHANPURIA, Seey.to the Govt. of India. .•...

.,'

,~ ; ..

;~~ ...

" •••• I" • '\1 •. 1.,

" ., ~ I'

. ;._, ~ ,.' ' ..

, .

'_ k

. ~ l~ ~ . ~~, . ,.,~ , r

I ''''; " ~~ . .. ~ ... -- ' '.

102