###### REGISTERED No. D.(D!',}.121/83

 on I

## ?h? ?a??t? of &]ndkl

3,tl'Tl-".T(Ctf

###### EXTRAORDINARY

;.:flTj JI?? 1

PART II-Section 1

###### mf ?rcm tr s?.;lh:o
 PCBLISHED BY AGTHORITY

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###### MINISTRY OF LAW AND JUSTICE

 (Legislative Dep,u-tmcnt)

New Delhi, [the] 1eth Septembe,, 1!189'/Bhadra '27. [1911] (Saka)

###### THE ANDAMAN AND NICOBAR ISLANDS RELIGIOUS
 BUILDJNGS AND PLACES REGULATION, 1989

 No. 2 OF 1989
 Promulgated by [the] President in the Fortieth Year of the Republic
 of lndia.
 A Regulation to 1 egulate [the] construction of public religious build-
 ingsquillityposesof the[and]inpeoplelikelyorderto [restrict]to[of]to arisetheavoidthe fromUnionusea breachofdisputes public placterritoryof thebetweenofpublic[cs] thefordifferentpeaceAndamanreligiousandsectionstran-pur-and
 Nicobar Islands.

In exercise of the powers conferred by [article] 240 of the Constitulion,

the President is pleased to promulgate the following Regulation made

###### by him:-

!. (1) This Regulation may be called the Andaman and Nicobar Shorttitle.

Isl;:.nd.s Rc1igious Building-:; and Places Regula.ion, 1989. extent

###### (2) It extends to the whole of the Union territory of the Andaman andcommence.

and Nicobar Islands. rnc n t."

###### (3) It shall come into force on such date as the AdminisiraloJ· n.18.;-·,
 by [notification] in the Official Gazette. appoint.

 ( 1 )


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                                                                                                 - 2 . THE GAZETTE OF l1'Dl.\ EXTRAORDINARY [PART [II-]

Dcfini , z. In this Regulation, unless the context otherwise requires.v-

t ions.

###### (a) "Administrator" means the Administrator of the Union
 territory of the Andaman and Nicobar Islands appointed by the

President under article 239 of the Constitution;

###### (o) "building" means a house, shop, hut, shed or other structure

or enclosure, whether roofed or not, of whatsoever material, con-

structed and includes every part thereof, all walls, verandahs, plat-

###### forms, plinths, door steps and the like and a tent or other portable

and merely temporary shelter;

###### (c) "Deputy Commissioner" means the Deputy Corrurussioner of

a District;

###### (d) "Official Gazette" means the Andaman and Nicobar Islands
 Gazette;

 (c) "pl ace" means any open space which is not ,t b·.1ilding;

;

###### (f) "prcscribed" means presc!·ibed by rules made under this
 Regulation;

 (a) "publ ic" used with reference to a building or place. signifies

that such building or [.Iace, whether or not acquired. constr ucted or

maintained by or at the expense of some specified person or body

of persons and which is not the private and personal property of

such person or body Jnd is open to the use and enjoyment of the

###### public in general or of a particular class or section thereof for the

purpose. if any. Ior which it may have been set apart;

###### (h) "religious" when used with reference to a building or ?)l:1ce.
 signif1cs that such buildmg or place is used or intended to be used

for the purpose of religous worship or instruction. or offering prayer

###### (which includes bha_jan, kirtan, stuti or nnincz) or performance of

any religious rites by persons of or belonging to any religion. creed,

sect or class. as a temple, mosque. church, ctiluitr), dargah, 1:hangc.h,

mutt. tab!1a or the like;

###### (i) "Sub-Divisiouul Officer" means the revenue officer in charge

of a sub-divison of 3 District.

Hl'strii.:. ::. (I) No person shall use any public place-

uons on

use of (a) as a permanent rel:giOL!S place: or

public
###### places (b) save with the previous written permission of the Sub-

for rell· Divisional Officer obtained in the prescrfbcd manner. as a temporary

gious

###### religious place.

PUC-

pnS·'"·

###### (2) Nothing in this section shall apply to cremation grounds and

burial places or to the holding of functions or the taking out of proces-

sions 111 connection with deaths or marriages or to other purely social

and s!'CU lar functions or to religious proc sions .


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Si:c. 1 J                          - --                          - ------?--1'EE --- GAZET-- --                          - I'E--..:::...--=-=---OF INDIA ------------ EXTRAORDLl\"AnY- -- ---                          - ]

###### Divisional4. No personOfficer shall,obtainedwithoutin thepreviousprescriber!writtenm:,:rncr,-permission of the Sub- Construe·t ions etc.,
 (a) construct any public religious building; or licof pub-reli-
 (b) convert any private or public building or place into a pub- .gious
lic religious building. build-

1ngs.

###### E:i:plan(lt on.-Tile temporary use of a bu1l<.Lng or place for religious
purposes on occasions such as Hol; Durqa Puja K.uli Puja, Mohatram Id
###### Iicand rell111ousthe lili•: building.shall not oe cieemed t; be [the] conv?rsionthereof into a l;ub-

,

3. (1) 'When an application under section. 3 or section 4 is presented Proce-
to the Sub-Divisional Officer, he may, after making such inquiry as he dure for

mt1y think necessary, either disallow the application or grant the re- grant of

orquisiteotherwisepermissionas heuncom 1ynd itronaconsiderIlv. orreasonablewith such in conditionsthe circumstances. as to securitv of. sion.permis-

each case.

###### (2) The order of the Sub-Divisional Officer passed under sub-section
 ( 1) shall be communica led in writing to the applicant and if such appli-

cant does not receive such communication within one month in the

case of an application under section 3 or within three months

in case of an o pplicatton under section 4 from the date on which

such application \V,lS recci\'L'd in the office of the Sub-Divisional Officer.

such appl.cant shall be deemed 10 have obtained the permission required

###### by section J or section i. as the case may be.

G. (1) An appeal shall lie and may be brought in the prescribed man- .\pp -als.

ner to the Deputy Commissioner from an order of the Sub-Divisional

###### Officer made under section 5 within thirtv davs from the date on which it

was communicated to the applicant.

###### (2) Any person aggrieved by any decision of the Deputy Commis-
 sioner under sub-section (1) may. within ninety days [from] the date of such
 decision, appeal to the Sccre tar-, in charge of the Revenue Department

and the decision of the Secrctarv in an appeal under this section shall be

final.

7. An 01 dcr made under this R,?gulation by a Sub-Divisional Officer .Iur isd ie.

or on appeal by a Deputy Commissioner or the Secretary in charge of tion ot

the Revenue Dcpar tmcnt shall be final and shall not be liable to be called co urts

barred.

in question in any Civil Court.

8. ( l) A permission obtained under section 3 shall expire three months Duration

a It e r                     - p cl a t c- of the, order g1·:::1nting the some or the day next e f tc r the date of pcr-.

mission.

on which the act thereby permitted was to be performed, whichever may

be earlier.

###### (2) A permission obtained under section 4: shall be valid for a period

of one vea- within which the act permitted to be done should be com-

menced.

9. Whoever contravenes or attempts to contravene. or abets the con- Offences

t ravention of. any of the provisions of this Regulation or the rules made ,d1d

t he rcu nde r or any condition subject to which a permission therr-under punish-

P"'vnt,.

mnv hn ve been granted shall be punishable w i th imprisonment for a t orm


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THE GAZETTE OF INDIA EX1'RA0RD1NAP"Y LPAll'!' [11-]

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   - -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   - ----

which may extend to three months, or with fine which may extend to five

hundred rupees, or with both.

CU!,'1ll7.- lU .• \n offence under this Regul:J.tion shall be triable by :i Judicial

allCe o! .:\bg1strate of the first class on the complaint of a police officer not below

Jlcnces ihe rank 1,.[ a Sub-Inspector made under the order of a Sub-Divisional

O.Ticer.

I·ower o! 11. (1) Notwithstanding anything contained in, but without prejudice

Sub-Div,_ lo the provisions of. section 12. [the] Sub-Divisional Officer, on his own mo-

sinn;.11 t iou or 0.1 complamt or otherwise. on rece.ving information that any work

omccr to has Leen constructed in comra\·ention of the provisions of this Regulation

J1reqrvmo\·al or of any pen111ssion [granted] thereunder within his jurisdiction, shall pro-

of unau. ceed [r ) inquire into about the truth of the matter and if after inquiry,

            - horiscd comes to tho conclusion that the work has been so constructed, he shall

work. cause lo be notified in the locality by beat of drum and by fixing a show-

cause notice on the conspicuous part of the work so constructed and on

the notice: board of his of.ice and also cause a notice lo be served on the

person or persons (if ,,sccrtainab1e) responsible for the construction of

the work calling for objections. if any. within a period of fifteen days as

to whv such work should not be removed.

###### (2) The Sub-Di\'isional Officer shall then hear and decide the objec-

Lions, if nny. c [nd] record finding on the matter.

###### (3) If the Sub-Divisional Offlcer arrives at the finding that the work

is constructed in contr avcn ion l [f] the provisions of this Regulation or

###### thereunder. he shall. by an order in writing,
of any permission granted

direct the removal of the work so as to restore the building or place in

###### question as nearly as mav be to its original condition.
 (-1) Subject to the result of any appeal that may be filed under sub-

?;ection ( 5), where anv w o: k is not removed in compliance with the

dircc! in i.sucd u [ridvr] sub-section (3) within the period of one month

fromthe Sub-Divisionalthe elate of suchOfficerd ircct ioshall n or C3Useof the suchdecision compliancein the appeallo be if madeany.

###### through a police officer not Le low the rarik of Sub-Inspector at +hc cost

I t hr- de 1;t"c1lter in the prescribed manner.

ordPr (5) madeThe provisionsbv the Sub-D,\·isinn;ilof section 6 shall.Officer so underfor us sub-sectmay be.ion apply(.1) toin t1wan

s:1n1e m:,nncr 35 they appl?· to c1n order made under section 5.

12. (1) The court making an order of conviction for clllv oftencc

Removal under section 9 shall direct that any work which has been constructed

ofteda [ut][ hc]un wc,rk.[ ri-], ,nsionpro-visionsur contr:iventionthe rrranted' placeof inthereundersectionquesti0nof the11. pro\·isionsasshallbutnearJ?-hasbe removednotasof maythisbeen beRegulationsoalreadvtoas itsto. originalrestoreremovedor of cun<..1ition.the:111yunderbuilding[permis-]the

###### (2) In case of non-compliance with a direction made under sub-

sectionn police (1).officerthe notcourtbelowsball thecauserank suchof Sub-Inspector<:ompliance to ntbe themacleco-;t ihrou!:(.hof the

###### dcfoult"r in the prescribed manner.


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Sr.c. l] THE G,,ZETTE OF I?JDI.. r :nt.\C.Wl!\ARY 5

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13. No suit or other legal proceeding shall lie ,,gainst any person in Protec,

respect ci anything which is in good f.:itl. done or intended to be done tion of

action

in pursuaucc of this Regulation. to.ken

in good

faith.

14. The provisions of this Regulation snall be in addition to and not Provi-

in derogation of provision contained in the Andaman and Nicobar sions to

2 of 1966. Islands Land Revenue and Land Reforms Regulation, 1966 or any other be in

addition

law for the time being in force.

to cxis-

ting law.

15. (1) The Administrator may, by notification in the Official Gazette, Power

make rules for carrying out the purposes of this Regulation. to make

rules.

###### (2) In particular and without prejudice to the generality of the
 foregoing power, such rules may provide for-
 (a) the manner of seeking permission under sub-section (1) of

section 3 and section 4;

###### (b) the manner of filing an appeal under sub-section (1) of sec-

tion 6;

###### (c) the manner in which compliance under sub-section ( 4) of

section 11 shall be made;

###### (d) the manner in which compliance under sub-section (2) of

section 12 shall be made;

###### (e) any other matter which is required to be, or may be, pres-

cribed.

16. Every rule made under this Regulation shall be laid, as soon as Rules to

may be after it is made, before each House of Parliament, while it is in bebeforelaid

###### session, for a total period of thirty days which may be comprised in one Parlia.,

session or in two or more successive sessions, and if, before the expiry ment.

of the session immediately following the session or the successive sessions

###### aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, [the] rule shall there-

after have effect only in such modified form or be 0£ no effect, as the

case may be; so. however. that any such modification or annulment shall

be without prejudice to the validity of anything previously done under

thnt rule

R. VENKATARAMAN,

President.

V. S. RAMA DEVI

Sccit to the Govt. of [India.]

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rmN"TEfl DY TIIE MA-:Ar:rn. (O\'EilN'U:r r 01' Jl',l)l.\ l'ht:S .. i\H:-:TO POAD, NEW DELHI

/\'SD PUIILJSI!ED B1 THE COKTI10t L,.Il Of !'OD! !C,\llUNS, DELllI, 1989


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