##### ANDAMAN ~NO NICOBAR GAZETIE

###### 31 'l'll a 1(111
 H.XTitAORD! NAK Y

111111411< u ~

###### PUblished by AUthority
 '
 li. 158, qo)i .w.~. wnrt", 19 ~ 1994

### ..

No. 158, Port Blair, Monday, December 19, -----------------------1994

ANDAMAN AND· NICOBAR ADMINISTRATION

SECRETARIAT .

NOTIFICATION
:--..--'-1 '•:' :\'c'

###### Port Blair, dated the· 19th December, 1994.
; : , , ., , • • ,. ,.                                                      -                                                      - ,? , ~ I : ; 1 , 0 ! o"

No. 145/94 F. No. 6 9/94--l.eqal-111.-The f"llowing R •gulations oub~shed i'l' the Gazel'le of India,

Exti'allrdlnaryf'art-II·Soction 1 No. 61 dated 6th August, 1994 are he•eby repro~ucsd below for lhelnfor-

###### IUiien of General Public.

"lh~. Andaman and Nicobar Islands Town and Counlly Pian~ inti R;lgtilar ions, 1994"

:C .;•· .                 -                 -                 - · No. 7 ot 1994.                 - '
###### '.

Sd/-

(Abdul Waseem)

###### Assistant Secretary (Law)
 . ,, ........ ,

MINISTRY OFLAW; JUSTICE AN,D COMPANY AFFAIRS

(le_gislallve Department)
New Delhi, the 5th August 1994/t4 .. Sravan~~o.1.9.16 (Saka)

THE ANDAMAN AND NICOBAR ISLANDS TOWN AND COUNTRY

PLANNING .REGUlATION, 1994
No.7 OF 1994

Promulgated by the President in the Forty-fifth Year of the Republic of

India.

( I                                                       - ' ,;~>ill ~:.•, . \ ' , ~" .

                - A Regulation to provide for the development of lh<o Uninn territory ·of the

Allllamari and Nicobar lsla~ds according to plan and for mat •ar• ··nnnected

therewith.

               - · In exercisa·of·the powers conferred by dsuse· (1) ·of article 240 of the

Constitution, tha PresideAt is pleased to promulgate the f.-,Jiowing Regulation
made by him:-

CHAPTER I

PRELIMII.IARY

1. (1) T~isReguletion may be called the Andama~ a d lllicobu Islands Short

Town and C::.untry Planning Regulation, 1994.

###### t title,

(2) It extends to the whole of tha Union Territ~ry of thq An 1am n aod extant and

###### J Nicobar l<i•nds c<>mmenca- .. manl •

(3) It snail com~ into force o" such dah a• the Ai'l'l•nis·r.•" mw, b~

nCIIifi;:etion in the. Official Ge>z•lte, appo nt.

2. In this Regulation, unless the context otherwise requires, - Definitions.

(a) 'Administration· means the Andaman and Nicobar Administration;
## -

_, .. ,._:..::;,: ..._ . '· -·- ...... ~. -~ "'-''· ............... . , ..•.                                                                                                       - '.


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2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, 1994

(b)                          - dministration' means the Administrator of the Union Territory of
the Andaman and Nicobar Islands appointed by the President under 239 of
###### the Constitutioil;
(c)                          - menity' includes road, water supply, street lighting, draina!le.
sewerage, public works and such other convenience as the Administrator
mey, by notification in the Official Ga~ .. tte, specify to be an amenity fOI'

the purooses of this Regulation;
(d) 'building' includes any structure, erection or part of a structure or
erection which is intended to be used for residential. industrial. commercial
or other purposes, whether in actual use or not;
(e) 'building operations' includes rebuilding operations. structural
alterations of. or additions to, buildi11gs and other operations normally under-
taken in connection with construction of buildings;

(I) 'development' with its grammatical variations and cognate ex-
pressions means the carrying out of building, engineering, mining or other
operations in. on, over or under land or the making of any material change
in building or land and includes re-development;
(g) 'development area' means any area declared to be a development
area under sub-section (1) of section 11;
(h)                        - ngineering operations' includes the formation or laying out of
means of access to a road or the laying out of means of water supply;
(i)                            - aster plan' means a plan which includes an outline, develop-
ment plan, re-development or improvement plan of a development area and
zonal development plan, prepared for any development area under this

Regulation;
(j)                             - eans of access' includes any means of access, whether private
or public, for vehicles or pedestrians. and includes a road;                      -

(k)                         - wner' includes the classes of tenants specified in section 141
###### of the Andamari and.Nicobar Islands Land Revenue & land Reforma Reg ·I

Regulaton 1 966; of t9se.

(I)                              - rescribed' means prescribed by rules made under this Regulation;
(m)                     - o erect', in relation to any building, includes-
(i)                               - ny material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human
habitation of any building not originally constructed for human
habitation ;                          -

. (iii) the conversion into more than one place for                                   - uman habita-
tion of a building oriQiflally constructed as one such place;
(lv) the con.version of two or more places of human habitation

into a greater nu.,.,ber of such places;                       - .

(v) such at'tsrations of a builc!ing· as affecf an alteration of Its

**drainage or sanitary** **arrangementst or· materially affect its securitv;**
(vi) the addition of any rooms, buildings, houses or other struc-

tures to any building; and
(vii) the construction In a wall adjoining any street or land not

**belonging to the owner of the wall,** **of a** **door** **opening** **on** **to** **such**
**street or** lan~;

(n)                         - own Planner' means a person appointed under sub,sectlon

(1) of section 3 to perform the duties of a Town Planner under
this Regulation;
**(o)** **"'zone"** **means any one of the** **divisions** **in;Which** **the** **area** **to**

whiCh this Regulation applies may be divided for the purposes of
development under this Regulation;

(P) the expression "land" shall have the meaning assigned to It 1of

in section 3 of the Land Acquisition Act, 1894.

1894.

CHAPTER II

OFFICE OF TOWN PLANNER

###### 3. (1) The Administrator, may appoint an officer, not below the

Town
###### Planner. rank of a Secretary to the Administration, to be the Town Planner for

the purposes of this Regulation and m"y also appoint other persons to
assist the Town Planner.

###### (2) The Administrator may, by general or special order, confer,
on any person appointed under sub-section (1), all or. any of the powers
of the Town Planner under this Regulation and such person shall exer--
cise such powers subject to the general superintendence, direction and
control of the Town Planner.


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Planner such numoer of officers and employe"s (including experts tor Town
technical work) of the Administralion as may be necessary for             - he Planner.
efficient performance of his functions and may determine the:r desi£-
natlons and grades."

###### 5. (1) The Administrator shall, as soon as may be, constitute an
advisory council for the purpose of advising the Town Planner on the Advisory
preparation of the master plan and on such other matters relatlng to **Council.**
planning of development arising out of, or In connection with the imple-
mentation of this Regulation.
(2) The Advisory Council shall consist of the following members,
###### namely:-
(a) The Town Planner, ex-officio, who shall be President;
(b) one representative to r<>presant the Ministry of the Central

6overnmer.t dealing with Agriculture;

(c) one representative to represent the Ministry of the CeRtral
Government dealing with Environment and Forests;
(d) one representative to represent the Ministry of the Central

Government dealing with Urban Development;
(e) one representative of the Health Departmenl of the Administra-
tion;
(f)) one representative of the Port Blair MUnicipal Board;
(g) one representative of the Electricity Department of the "Administra-
tioA;
(h) one representative of the Public Works Department of the Adminis-
tration;
(i) two persons. with knowledge of town planning or architecture, to

be nominated by the Administrator;
###### (j) one woman member to be nominated by the Administrator.

CHAPTER Ill

MASTER-PLAN

###### 6. ( 1) The Town Planner shall. as soon as may be, carry out a civic Civic · · .. ,

wrvey of, and prepa•e a master plan for, the development area.

survey                                                    - ''"''. :

###### (2) The master plan shall- and
 master plan.

(a) define the various Zones into which the development area may
###### be dividad for purposes of d welopm-nt and indicate the manner in which
the land in each zone is proposed to be used (whether by the carrying

outth~reon of develoomont or otherwise) and the stages by which any
such developm•nt shall be earned out; and

(b) serve as a basic pattern of frame-work within which develop-
ment plans for various zone• ·may bs·prepared.

###### (3) The master plan may provide for any other matter which is necessary·

for the general development of the U~ion territory of the Andamal'l and .Nicoliar

Islands.

7. (1) Before preparing any master plan finally and submitting it to the Procedure to
Administrator tor aoproval, the Town Planner shall prepare a plan in draft and be follow-
publish it by making a copy t'ere1f available for inspection end publishing a ed in
notice in such form and man·•er as mav be prescribed inviting objections and preparation
supgestions from any person with respect to the draft m·aster plan before such and
date as may be soecified in the nolice. approval

(2) The Town Planner shall also ~iva reasonable opPOrtunity to every of master

local a• thority within the local limits of jurisdiction any land toucher;! by plan.
the master plan is situated, to make any representation or suggestion with
respect to the plan.
(3) After considering a'l objections, suggestions and representation•
that may have been received by the Town Planner. he shall finally prepare the
master plan and submit i• to the "'dministrator for approvol.

8. ( 1) Every master olan shall. as soon as may be. after its preparation. he Submis-
submitteo by the Town Plan er to t"e Administrator lor aoproval and Adminis- sion of
trator may either approve the master alan with or without modifications as master plan
he may cons,der neccessary or reject the master plan with directions to              - the and its date
Town Planner to prepare a fresh master plan according to such directions. of opere-
(2) Immediately after the master plan has been aoproved by him. the lion.
Administrator shall cause to be published in such manner as mav be prescribed
a notice stating that the mast'r plan has been approved and naming a place
where a copy of the master plan may be inspected at all reasonable hours and
upon the date of first publication of the aforesaid notice the master plan shall
come into operation.

###### .. . -·~-··-··-. .:... -~ ~,·. '


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###### & ···THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, DECEMBER 19, · 18M
 ·-······-
 Miidiiica- 9. (1) The ·Administrator may make any modification to a master plan
lions to·' '-' tieing modifications Which, in his opinion, do not effect importanl alterations
master plan. ir\ the cha~acter ofthe plan an::l which do not relate to the extent of land-uses

or the standards ot population density.                 -

(~ The Central Government may. in the interests of the security of the
State or of the general public, make any mc,difications to the master plan
whether such modifications are ot tr•e nature-specified In aub-aectlon (·1) or
otherwise. .
(3) Before making any rnod·fication to a master plan under sub-section

(1), the Administrator shall publish a notice in such form and manner as may
be prescribed inviting objections and suggestions with respect to the proposed
mod•fications· before such date, not being less than fortyfive days from the
dete on which the notice is made available to the public, as may be specified
in the notice and shall consider all objections and suggestions that may be
received by him.
(4) Every modification made under the provisions of sub-section (1)
or sub-section (2) shall be published in such manner as mav be prescribed
and the modifications shall come into operation on the date specofied in the
notification.

                       - · (5) When the Administrator makes any modifications to a master plan·

under sub-section (1), he shall report to the Cen1ral Government the full parti-
culars of such modifications within thirty days of the date on which sucll

modifications come into operation.

CHAPTER lV

###### Uaeof . ,, Development .. ,... . Of Lands .

land and

###### 10. Notwithstanding anything contai119d in any other law for ·the· 'time

building in

being·in force and subject to the provi&iOI)S of section 9, no person shall, afler

contreven"

the earning into operation of the master plan under sub-s•ction (2) Of section

###### Uon of
 8 use or permit to be used any land or buHding in the development area other-

IIIIISr.r

wise than in conformity with such master plan :

plan.

Provided that it shall be lawful to continue to use upon such terms and
conditions as may be prescribed, arly'llind ·o; building for the purpose and to
the extent for which it is baing used on the date on which such master plan
comes into operation.

1.1. (1). As SOOI) as may .be after the: commencement ef this Reg!Jlation,

###### Develop-

the Administrali(ilj_ m.ay, by n:.~!lice~ib,n iidhe Officilil'Gazette, declare anv area

###### ...... of

in the Union terrotory ol tli<.i Andaman and N'icobar (stands to be a develop-·

**l1ad.**

mont area for the purposes of this Regulation:

                                - ;1T< .1~H. _·-,':;::)•,_ :," '!· ;;::!~i;.~,l _fl'i_ ~~ '1:. '" '·'I _!_ :-i

!l.)i                               - Ptbviaed't!Ja1 ria'Suc:iHfei:laration sliall·be ll'lade:·unli!lSS' a'"ProtillSal for

suC'Ifaiiclaratioli'has'lliten'teferred to· the 101::!1' aUrh>:l'ritywithin 'thll~1imrts of
wlilcll'tllii'arell is1acatelt'for'lt\fvii!Wll aillfsuch views, if any, received within
lhirty davs of such reference are• considered:,,,, · ,:, "                   -                   -                   - ·'"·' " ·

###### ,, ' ·"(2) ·After the commencement of this regulation, no de)IBI,opme• t of la~d·

shall be undertaken or carried outcin ·any ·development area .. by- 'any·                  - erson or

b(Jdy (including a Depar•.ment of Governme.nt or the. Administratior·) unless.
permission ror sucli develilpii\'ilrit 'hils '6eerf olitainea iti' writing from , he Town
Planner in accordance with the· provisions of this Regulation. .,• ....

{~) Aller th~ coming Into operation of the master plan, no developmen

shidl lie 'undeftak:en'or Cllrtieo out in th~· development area unless such deve·
lopment .is in acc.ordance with such plan.                  -                  -

                             - (4) Notwithst<~nding anythi'UJ contained in su.,.:sections (2) and '(3}

development. of' any land begun by lfhy department of _Gov• rnment or ' Admi-_

nistration or any local authoritv before ttn• commencement of this ReQulatio'l
may be completed by that department or local authority ..,.ithout compliance-
with the requirements ofcthose·sub-sectoons. . . . ,, , "'··· ..

12. (1) Eve;y person ar body (including· a ·department'· of Goliernrnel'it

or the Administration) desiring to obtain the permission referred _tO 'In_ sub-sec.:;

Application

tion (2) of·section 11 shall 'make· an aPplicatio'l in writing t"t the· Town· Planner

for permis-

in such from _arid containing·such partieula s i'l respect_ of the developmenl to

###### sion.

which the application relates as may be prescribed.

(2) Every application under sub-section (1) shall be accompanied by
such fee .as may be prescribed: ..

Provided that no such fee shall be necessary in the case of an application
made by a department of the Governm.,nt or of the Administration.

(3) On the receipt of an application _tor_ permission under sub-sectbn
(1). the Town Planner shall issue an .acknowledgeme~t of receipt of such

appl cation and after making such inquiry as he considers necessary shall,                  - by·
order in writing, either grant the permis>ion. subject to such conc;lit ons, if any,.
as may be specifoed in the order or refuse to grant such permission :


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(4) Wher. a permission is refused, the grounds of such refusal shall be
recorded in writing and communicated to the applicant in the manner >·rescrib-
ed.              -

(5) If the Town Planroer do•s nnt communicate his order to 1 e applic•nt

whithin six months from the date of acknowledgement of receipt of •he app·i-

. cation under sub section (1), such permission shall be deemed
to have been granted to the applicant on the expiry of the said period of six
months.
(6) The Town Planner s~ all keep in. such form as may be prescribed a
register of applications for permission under this section.
(7) The said register shall contain such particulars including information
as to the manner in which applications .for permi>sion have been deelt with as
may be prescribed and shall be ava<labte for inspection by any member of the
public et all reasonable hours on payment of such fee not exceeding rupees

###### • twenty as ma.Y be prescribed •
 ,8) Where permission is refused under this section the applicant or any
person claiming through him shall not be entitled to get refund of the fee paid
on the application for permission.
###### . 13. Every permission for any dev6lopment granted und•r this Regulation Lap~ .of par-

shall remain in force for three years hem the date of such permission: mtss~~~: .. '.,,·.;,.~

Provided that the Town Planner may. on application made in' this behalf
before the expiry !>f the aforesaid period •. extend such period •. for such time as

he . ,may think proper so however that the total period does not exceed ' srx

years:              -

                           - Provided further that such lapse shall not bar any subsequent application.

for.,fresh permission under this Regulation.             -

###### · 14. Land needed for implementing a master plan notified shall be dee· Land.forimple-
.. d f P bl' . . mentiRg mas-
me~ to be land neeoe . or a u oc purpose.            - ter plan to be

deemed to be
for a public
.Purpose.

###### CHAPTER V

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

###### 15. The Town Planner may authoris" any person in writirg to enter into Powers of
 or upon any land or building within a development area with or without aS&is- entry.

tents or workmen for the purpose of-              -

(a) making any enquiry. inspection, measurement or survey or taking ·

levels of such land or building;
(b) examining works under construction and ascertaining the course of

aewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels. boundaries and lines by placing marks and

GUtting trenches;

(f) ascertaining whether any land is being or has been' developed in
contravention of the master plan or without the permission referred •o in

~tion 11 or in contravention of any condition subject to which such permission
has been granted; or
(g) doing any:other thing necessary for the efficient administration of
this Regulation:

Provided th2t-

###### • (i) no such entry shall be made except betwee~ the hours of sunrise

and· suns• t and without giving reasonable · orice to the occupier, or if there be
no occupier. to the owner of the land or buildiog;

###### •

(ii) sufficient opportunity shall in every inotance be given te> enable

women if _any to withdraw from_ s'JC'> land or building;
(iii) due regard shall always be had, so far as may be compatibl .. with
the exigencies of lhe purpoH for which the entry is. made, to the social and
religious usages of the occupants of the land or building entered.
###### 16. (1) Any person who uses any land or building in contravention of Pen it"

the provisions cf section 10 or in contravention of any terms and conditions a              - s.

prescribed under the proviso to that section shall be punishable with fine
which may extMd to five thousand rupees and in the case of a continuing'
offence. w!th further fine .which may extend to two hundred and fifty rupees
ior everyday during "''hkh such offence continues after conviction for the first

cOmmission of the offence.

---·~-. -··- . . . "". . .. --·~· .'-·;~···'·'·'"-;''"                                                   - ~


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6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, D!:C. 19, 1994

(2) Any person who whether at his own in~tarlce or at the instance of
any other person or anybody (including a department of Government or the
Administration) undertakes or carries out development of any land in contra-
ver.ticr. of the master plan or without the peimission re~aried to in sub-section

(2) of section 11 or in contravention of any condition subject to which such

per;nission has been granted, shall ba punishable,-

( a) with rigorous imprisonment which rriay extend to three years, if such
development relates to utilising, sCllling or otherwise dealing with any
land with a view to the setting up of a colony within a development area.

(b) with simple imprisonment which may extend to six lhontfis or with

fine which may extend to five thousand ·rupees, or with both, in• any
case other than that referred to in clause (a).

(3) Any person who obstructs· the iintty of a person authorised under
section 15 to enter into or upon any land or building, or ineilests such person

after such entry shall be punishable with imprisonment for a term whi~h may
extend to six months, or with fine "Which may extend to one thousand rupees,
or with both.

###### OKler ot 'dl? 17. ( 1) Wher.e any iievelopinent has been commenced·, or l!i bei!IJJ
molitionof carried on or has been compfeted i"n contravention · of the master "tllitn' · ot"
building. without th$ pe~missj<J~ rE>fened to .in s_ub-sect!qn (2) ar SI1C~ion .11 or.in con-

tl!llyention pf any c~;~nditions sul>ject to. which such perri'li5sioii . hils ~eel)

srant"p, ,tlia orriwn, planner may               - n               - ddition ~o 'anv: .pio·sec'iition               - l'lllW

may be i"nstltuted under this Regulatloii, make an . oiiler clirecti'n!'J'' "tliaf'iit.ci'i•

d.e!~El(!>Prn"l)t .sllaU be ,removed by demolition fillin!J. .. Ot ()th!'rwise. bv: the owne'i

the"reof or bY 'tfie person af wi\'Osl11nstance·1fte cfeVellf(irnent : has befili com-
. menced or is being carried out or has- ll'E!iin·eompfeted~·wrthm soch periOd' fl'lcW

::being less than five days and more· than· f.iofteen days from ~he date on INhich a

':copy of the order of removal, with a brief               - tat!lment af the reasons therefor,

. : has been delivered to the owner or that failure to comply with the order," the

~Town Planner may remove or cause to be removed the development and the
:':expenses of such removal shall be recovered from the owner or the person at

                      - 'whose instance the development was commenced or was being carried out or
was completed as arrears of land revel"iua:

Provided that no such order shall be made unless the owner or the person
concerned has, ,been; given a reasoAable· opportunity to show cause why the
order should not be made.

                                - . . .. (l} Jhe provisiqns ~f th~ \19Ctiori shall                                - e. in adaitiOn to, and hot in
derogation of' any other provision relating to d'a'molition of buildings contained .

jn any other law for the time baing in force.

!':,w-;a:,lo . 18, (;) Where any development !n a.nv area has b_ea·~ commenced !ri cone

me~t P- travent1on o~ the master· plan' or Without· the·· perm1ss1on referred to m sub-
. section (2) of section 11 or in contravention of any conditions subject to which
such permission has been granted, the Town Planner may, in addition to arw pro-
secution that may be instituted under this. Re!julation •. rna~ an order requiring

the development to be discontin·ued on and from the date of the service of the
order, and 'sUch order shall' be" complied witli' accord!'ngly.

(·2), Where such de1l'elopment is not discoutinued in pursuance of the

order· under sub•section· (-1), tlie Town Planner may in writing require .any.
police officer to• remove the person by whom the development has been
commenced and all his assistants and workmen from the place of development ·

or to seize any construction material, tool, machinery, scaffolding" or other

tliings used' in such development within such time as may be specified in ttJe ..
requisition and such police officer shall comply with the requisition accordingly:

(3) Any of the things caused to be seized by the Town Planner under                   -
sub-section (2)' sliall! unless the owner thereof turns up to take back such·
things and pays to the Town Planner the charges for the' removal or storage of
such things, be disposed· of by him by public auction or any other manner and
within such as time as he thinks fit.

( 4) The charges for the removal and storage of the things sold under
sub-section (3). shall be paid out of the proceeds of the sale thereof and the
balance, if any, shall be paid to the owner of the things sold on a claim being
made-therefor within a period of one year from the date of sale, and if no such
claim is made within the said period, shall be credited to the Consolidated
Fund of India.

(5) After the req~,risition under sub-section (2) has been complied with

the Town Planner may depute by a written order a p~ice officer· or an: !lffic;e·

or employee of the Administration to watch the place in order to ensure thattlier

d&velopment is not continued.


-----

###### (cj Any parson faiiing to comply with an order under sub-section ('i) shall

be punishable with fine which may extend to two hundred rupees for elie,Y day
during which the non-compliance continues after the service of the order.

(7) No compensation shall be · claimable . by any person for any damage
which he may sustain in consequ~nce cf t:,., removal of any development

under section 17 or the discontinuance of the development under this section.

(8) The provisions of this section shall be in addition io, and not in deroga-

tion of, any other provision relating to stoppage of building operations contained
in any other law for the time being in force.

19. (1) Any person aggri~ved by an order of the Town Planner mad.e Appeals.

under this Regulation, may prefer an appeal to the Administrator within thirty
days from the date of the order appealed against :            -

Provided that the Administrator may, entertain an ilppeill alter the expiry of

the saia period of thirty days if he is satisfied that there was sufficient cause

###### • for not filling it within that period,

(2) An appeal under sub-section (t) sha-n be made in' such .form-and shall

be accompanied by a cbpy of the order appealed against and by auch fee aa
mliy be prescribe(f.

               - (3) The Admlnistriltor may; after ·giVirlg the partiet: ta the •appeal arr oppor-

tunity of belng heatd. · paS$ such orders thereon as til! thinks· fit, confirming,
modifying or annulling the order appealed against.

( 4) The Administrator shall send 11 copy ofevery order passed by him to

###### 1hepa;iles to tho! al)~eil'l. .

 · ·20;· { 1 )• Any offence· n\ade iMI'ishable by ·or ·Under his Regulation may. Composition

eithl! t biffore or after the inlititUtiOi'l Of proceedings~· be compounl:led by · the of offences.

Administrator.

{2)·Where an offlhlt:e> hall· been cOm}!>Ounded; the offender,· .if. in cu~y,

shall be discharged and no further p'roi:ee-ditigs· sl\all be titltlllf agllinst· him in
respect of the offence compounded.

                 - 21. (tJ If the· Town• Pi!mner, after h61ding·a·.tocal enquiry or upon report Default

frotn a·nyof its'· officers or otliar information' in' his posseSSion;·is·satisfied that powers of
any amenity in relatian to• any hind in a devetopl)'lent area· has' not beeri' provided the Town
in relation to that _land_ which in his opinion is to be provided, or that any Planner.
dei7Btopl'nen't of'the land f6h1Vh!ch permisston has• been• obtained under .this
Regulafi·on' h'as-not··been carried aot within· the specified •time; he·may, alter
affording a reasonable opportunity to show cause, serve UP'" the owner•of.the
land or upon the person providing or responsible for providing the amenity a
notice requiring him·ro prO\/ide the amenity· or carry out the··development..within

such time as inaybe·specified•in·the notice.            -

'•

(2) If any amenit{ is not provided or any such · development is not'

carried out within the time specified in the notice, then the Town

Planner may himself provide the amenity or carry ouUhe· development or· have
###### it pfuilmed or carried• out throUgh such agency as he may deem· fit

Provided that before taking any action under this sub-section, the Town

Plltnner shall afford reasonable· epportuliity to the owner of the land or to· the
person responsible for providing the amenity to show cause as to why such
action should not be taken.

(3) All expenses incurred· by the Town Planner or the agency employed

by him in providing the amenity or carrying out the developments together with
siinple interest ·at such rate nor exceeding fifteen per cent per annum as the
Administrator may by order fix from· the date when a demand for the expanses
is made until payment may be recovered by the Town Planner from the owner
or· the person responsible for providing the amenity as arrears of land revenue.

Mode of

22. Any money due to the Town Planner including interest on account of recovery

fees, or charges, or from the disposal of properties movable or immovable, of money
may, if the recovery thereof is not expressly provided for in any other provision due to
of this Regulation be recovered by the Town P;anner as arrears of land revenue. Town

Planner.

23. ( 1) All notices, orders and other documents required by this Regula-

tion or any rule made thereunder to be sarved upon any person shall, save as Servleeot
otherwise provided in this Regulation or such rule. be deemed to be duly **notices,**
###### served- etc.
(a) where the parson to be served is a company, if the document is addre·

ssed to the Secretary of the company at its registered office or at its
principal office or place of business and is either-

###### ...... .• ···'· - - ........ ... ... _j.,, ......


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8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE. DECEMBER 19, 1994

(i) sent by registered post, or :·i
# -·----

(ii) delivered at the registered office or at the principal office or place of
business of the company ;

(b) where the person to be served is a partnership firm, if the document is
addressed to the firm al.its principal place of business, identifying i1 by the

aame or style under which its business is carried on, and is either-

( I) sent by registered post, or
(ii) delivered at the said place of business ;

(c) where the person to be served is a public body, corporation society or
other body, if the document is addressed to the secretary, treasurer or other
officer incharge of that body, corporation or society at its principal office, and
is either-

(i) sent by registered post, or
(ii) delivered at that office ;
(d) in any othsr case, if the document is addressed to the person to be'·
served and- .,

(i) is given or tendered to him, or

###### (li) if such person cannot be found, is affixed on some conspicuous ;

part of his last known place of residence or business, cr is given or

tendered to some adult member of his family or is affixed on. some
conspicuous part of the land or building to which it relates, or

(iii) is sent by registered post to that person.

I' , ' _:._

(2) Any docume.1t which is required or au:t.horlsed tO. be ser.ved· on~.·l

the ownsr or occupier ot any land or building may be. addressed "the

noif · ·             - .. ' o.wner•~ or "the occupleru, as .the.case may be, of:- that land or bu.Jidlng ·

:·:~'··"''' .. (narning that land.or building) ·.vithout any further name                   - r descriptlol'l.··

and shall be deemed to be duly served-·

(a)· if the document sc addressed is sent or deliver84. in acc~rdance­

wlth clause (d) of sub-section (1); or.

(b) if the document so addressed or a copy thereof so addressed, is

delivered to some person on the land .or building or, where there
is no person on the land or building to whom it can be delivered, is·

affixed to some conspicl.'ous part of 1he land or building.

###### (S) Wl\ere a document Is served on a partnership firm In secor-

dane with this section the document shall be deemaEI1to be served·on eacn·

partner.

(4)" For the purpose of enabling any document to be served· on the

owner of any property, the Town Planner may by notice In writing.·

require the occupier, if any, of the property to state the name and

address of the ower thereof.

(5) Where the psrson on whom a document is to be served Is a,

minor, the service upon his guardian or any adult member of his family
shall be deemed to be service upon the minor.

(6) A servant is net a merr>ber of the family within the meaniog of-

this section.

Public nollce .
###### how to be 24. Every public notice given under this Regulation shall be in writing
made knOWR. over the signature of the Town Planner "nd shall be widely made known i"

the locality to be affected thereby by affoxing copies thereof in conspicu-· ·

ous public places within the said locality _or_ by advertisement in local
newspapers or by any other means as the Town Planner may think fit.

###### Notices. ale.
1e fix reaso- 25. Where any notice, order or other document issued or made under·
nable time. this Regulation or any rule made thereunder requires anything to be done

for the coing of which no·time is fixed in this Regulation _or_ the rule, the
notice, order or other document shall specify a reasonable tiine for doing
the same.

Authentica-
tion of orders 26_ All permissions, orders, decisions, not!ces and other documents.
and docu- of the Town Planner shall be authenticated by his signature or any other

###### ments. officer authorised by him in this behalf.

27. No court inferior t J that of a -.Judicial Magistrate of the first·

Jurisdicaioa

###### of eou,.s. cia;". shall try an cffence punishable under this Regulation.


-----

28. No proeeculion for any offence punishable u11der this Regulation Sanction of

shall be in>litut~d except with the previous sanction of lhe Administrator or prosecution.
any officer authorised by him In this b~half.

###### 2 of 29. Nolwithstandlng a'ythl:lg c::m~alne:lln sactioA 29 of th'3 COde of Magistrate's

1974. Criminal..!'rocedure. 1973. it shall be lawtul for any court of the Judicial power to im-

Maglstrale of >h!l firSt class to pass any sentence authorised by·this Regulation pose anhanc-
ln excess of ih pow•rs under th., said section. ed penalties.

30. No ~uit. or""ecution or olher legal proceeding shalf lie against any Protection of
person for anything wnich is in good faith dona or Intended 1• be dana under act•on taken in
this Regulation 01 any rule made thereunder. good faith.

###### 31. Th9 Administralor may, by notiflo•tion in !he Official Gazette, Delegation of
delegate to any offic.r'1'• authority subordinate to him any· of the powers powers.
conferred on him or any officer subordinate to him bv t<lls R•gulatiort, other
than .the power to make rules, to be exercisa!>le, subje~t to such restriclions

; and conditions as may ba specified in the nosilication.

32 (1) No suh .~hell be instituted against the AdminlsSrator or the Notice to be
Town Plann.er. or any of the ~flicers or other . employees or any parson acting given of suits.

under the directions Cif the Administrator or the Town Planner In respect of
any act done or purporting to have been dona In pursuance of this Regulation
or any rule made thereunder until the expiration of two months after notice

In Writing ha$ been delivered to, or left at the office or place of abode of
tha parson ta be sued and unless such notice state• explicitly the cause of
. actilln, the nature of relief •ougllt, the amount of comoansation claimed and

t.he name and place Of residence of the intending plaintiff and unless. the
. plaint contains a statellll!lnt that such notice lias been sa lafl or delivered. _i '_

                                                                                                                 - ' ' i

.. . (2) No suit sucll as is described in sub-section (1) shall unless 11· iS' a · .. ,,·

suit for recovery of immov•bie property or for a declaration of title thereto,

                - be· Instituted aflar.tha expiry of six months from the dale en which the cause
:·.ofaction elise~;.                   -                   -

I)

. (3) Nothing contafned in sub-section (1) shall, be deemed to apply to

                         - suit in which the only retief claimed Is an injunclion ·of which the oojact

would l:!e defeated by the giving of the notice or the peslponemanl of the
Institution of the suit.

. ' .. [33. ] [Nolhing ][in ][this Ragulallon shall aoply ][e.-] Saviags •

(a) .lheca"ylng out of works far the maintenance, improvement
or .,,her· aliariltion of any building. b9ing works which affect only
the Interior of the building or which do not materially affect the
external appearance of the building;
(b) the carrying out by any local authority Of by any department

###### el Governmer. t of eny works for the purpose of lnspectl11g, f!lpairlng
or renewing any drains, sewers mains, pipes, cables or other apparatue
including the breaking open of any street or other 'land for that
purpose;

(c) the erection of a building. n•t baing a dwelling house, if

such building is requirad for· tha purposes subservient to agriculture;
(d) the erection of a place of warship or a tomb or cenotaph or
a wall enclosing a graveyard, olaca of worship, cenotaph or samadhi

on land wllieh at the commancemant of this Regulation is occupiecl
by or for the purp- of such worship. tomb. cenotaph, grav!lyard or
samadhi;
(a) the excavations (including walls) made in the ordinary course
of agriculture operations; and ,

(f) the construction of unmetallad road intended to give access

###### to land solely for agricultural purposes.

34. (1) The Administrator.may, by notification in the Official Gazene,
make rules to carry out the provisions of this Regulation. Power to
make rules.

(2) In particular. and without Prejudice to the generality of the fore-

going power. such rules may provide for all er any of the following matters,
namely:-
( a) the form and manner of Inviting objections and suggestions
**on draft m..ter plen under aub-eeation (1) of ..ation** **7:**

(b) the manner of publication of notice under sub-section· (2)
ot section 8;

(c) the form and mannar of iiiViting objections and suggestions

on modiflcatoon of master plan under sub,section (3) of tleeliOJ).9;; ; _:_ '


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###### 10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZffiE. DECEMBER 19, 1984

(d) the manner of publication of moc!lficallons of master plan

###### uadar ouH&ction (4) of ..ction 9;

 (e) the terms and conditions ui>t;n which Iancia or buildlnp

may be used under cection 10;

(f) the form and contenta ef application ander aub-section (1)
###### of section 12;

(g) the fee payable under sub-section (2) of section 12;

###### (h) the manner <>f communication of rsfusal to >oranl permiaion

under sub-section (4) of section 12;

(i) the form in which register e.t eppliliiltioil for permission shall

###### be maintained und• sub-section (6) Of section 12;

(j) the manner In which applicaliilll for P8rr!II$SioD . Is kl . be

###### deell with and the perticillara 10 be centairi8i:l In, lind the iBe j:iayable
for inspection. of the register under sub·$11Clion (7) of section 12;

(k) the forin In which arid the fiie pa\flibl~ iii rilspGCI Of IPPfilll

###### ender sub-section (2) of sactien ;s; . .

(I). any other maHer whioli is required. to be. _Oi_ lllily be

prescribed.

###### ss. Every rule made ilndei this Regulation Slillll be liid, as nen •

Laying of

###### lfl8r it Is made. before each House af Perlilimeilt while h w In . silssiilli. foi a

 ·rules before total peilod of thirty days which may be comprised · In one s..Sion ot 1111 two
 Parliament. or l'f\Ore successive sessions, and if, before Ilia expiry of lhe ~ion lmmedia-

laly foOawing the session or the auccliSiive si!SSioila . ilforeilaid, . both Hqusas

###### agres In m~king any madification in thil rule. or bOtli Hillisas agree that lila

rule should !!Ot be made, I he rule shall, tbareenef. havtt effect only 1.11 6iich

modified form ar be of no effect as lhe oase may be; eo. hoWever, thll any
###### such modification. or .annulment shall ba without prejudice 10 the validity of
8ilylhing previously done under lhlit iule.

SHANKER DAYAL SHARMA.

###### l'realdani.

K. L MOHANPURIA.

###### Sicy. to Ute Giovt. ef India •

 •


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