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18-Dec-2003 | 1 | The Andaman and Nicobar Islands Marine Fishing Regulation, 2003 | https://www.indiacode.nic.in/bitstream/123456789/18993/1/andaman_and_nicobar_islands_marine_fishing_regulation_2003.pdf | Andaman and Nicobar Islands | ## J
# I
### , Andaman And Nicobar Gazette
~
##### EXTRAORDINARY
#### ~ " 'RTftRf
##### Published by Authority
###### 1t~. 100, 'q)i~, lPPH, 14 'Jl(, 2004
°No.100, Port Blair, Frlda'l, Mal 14, 2004
###### ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT
NOTIFICATION
Port Blair, dated the 14th May, 2004
No.93/2004.1F.No.5-1 _(276)/2002-Dev.l.- The Andarnan and Nicober Islands Marine Fishing_
Regulation, 2003 (No.1 of 2003)- Part" - Section I (No. 63 dated 18th December, 2003) is hereby
republished for the information of general public.
By order and In the name of the Lieutenant Governor,
Sd/-
(Theresa Sandanam)
Assistant Secretary (Fisheries)
. MINISTRY OF LAW AND JUSTiCe
###### (Leglslatlv. D.pattment),
_New DeIhl, the_ 1£1" _December, 2003lAwshayana_ 27, 1925 _(Saka)_
###### THE.ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, :!O03
No.1 of 200)
Promulgated by the President in the Flfty-folrth Year of the 'Republic of· India.
###### A Regulation to provide for the regulation of sea fishing of fishing
vessels in the waters surrounding the Unicn Territory of the Andarnan and
Nlcobar Islands and for matters connected Ulerewith.
In exercise of the powers conferred by article 240 of the Constitution,
the President· Is pleased - o promulgate the following Regulation made by
him:-
###### CHAPTER I
PRELlMINAllY
1. (1) This regulation may be called ~he Andaman and Nicobar Islands Short title,
Marine Fishing Regulation. 2003. extent and
commence-
(2) It extends. to the whole of the Union Territory of the Andaman ment.
~nd Nlcobar Islands.
(3) It shall come Into force on such dats as the
Administrator may, by notificatIon In the OffiCial Ga.zette, appoint;
and different dates may be appoinfed for different provisions of
-----
,. ... ,
2 THE ANDAMAN AND NICOBAR, EXTRAORDINARY GAZETTE, MAY 14,2004.
this Regulation and any reference in any such provlsl~n to tho commencement ofthis' , .
Regulation shall be consnued as a reference to the coming into force of that provision.
Definitions. 2. In this Regulation, unless the (·ontext 9tberwise requlrea,-
p) II adjudicating officer" meanS anY officer of tbe Fisheries Department not
below the rank of an Assistant Dlroctor'.~fFishtrie. authorised under-section 3 to
exercise the powers conferred on, and to disebuge the duties Imposed upon, such an
officer by this Regulation fQr such areu as may be speclfled by notlflcatlon in the
Official Gazette. '~,' . ,,,' ,
-, -::;' ~ '_
_(b) "Adminlstratlon",;melUls_ the Administration Mthe UnIon territory of the
Andaman and Nicobar Islands; "
I
_(c) "Administrator"_ means the Administrator of the Union territory of the
Andaman and Nicobar Islands appointed by the President under article 239 of the
Constitution; ", . '
(d) " Appellate Board" mean, the Appellate Board constituted under section 18;
_(e)_ _•• authorised_ officer" r'leans an officer not below the rank of an Assistant
Director of Fisheries. authorised by the Administrator by notification in the Official
Gazette, to exercise the powers conferred on, and discharge the duties imposed upon
such officer by this Regulation; ,
(j) U flsh" means any vertebrate and invert~brate animal in the sea, and Includes
, fish, crustacean, shellfish,lC:. 'oucumber (heche-de-mer), sea graascs and coraIa (dead
or liv~g), excluding tho animal. covered under tho WUd Life (Protection) Act. 1972; 53 of 1972,
_(g) •• Fisheries Department "_ means ~ Fisheries Department of the AdmiDistra-
tion;
_(h) "fishery_ office," m~ans an officer of the rank of Assistant Fisheries Guard
but not above the rank of Auisttnt FishcriCi Development Officer io tho Depanmcnt
of Fisheries or any other officer of tho Adminlsl!lti~)Q or tho Central Oovcnuncnt, as
may be appointed by the Administrator by noiificitlon in the Offici.1 OazeltCj
_(I) • I fi,lling "' mean,_ exploitation, CIltchmg or coliecdun of vertebrate and inverte-
brate animals in the lea excluding animals covered under the Wild Ufe (ProtQCtion)
Act, 1972, and includes fish, crustacean, Shellfish, sea cucumber (beebe-de-mer), sea S) III' 1912-
grasses and corals (dead or living) by applying or operating any fimi", gears or
culture of fish and its harvest In tho waten .surrounding tIi;;, Unitm territory of the
Andaman and Nlcober Islands;
(J) "fishing gears" in rcla.Uon'lo fish.ing, includes Implements, nets, hooks and
###### lines" cages" traps harpoon. but does not Include the cxplolivcs, polsons and
chemicals or any other device ofmw destruction:
lk) - 'lishin~ vessels" melUl. a ship or boat, whether or not filled with mecha-
nised means of propulsion, whll}h is cnaaged in lea fil~lnl for profit .and .ipcl~des a
catamaran, country craft, canoe and dinghy engaged in lea fishing;
_(I)_ "port" means tho space within such limits as may, from time to time, be
defined by the Administrator, by notificat1on in the Officl.1 Gazette, for the purposes of
this Regulation;
_(m) • 'prescribed"_ means prescribed by rule. made under this Regulalion;
_(II)_ _••_ r cgi~tcrcd fishing ve,sellfmcnn, -,.
###### (I) a fishing vessel registered under sectlon 11 of the Marine Pl'Qducls
S)ofl9n.
Export Development Authority Act, 1972;
_(Ii)_ _• velsel tealstlred_ u • fishln. v •••• l under - elton 91
-----
THEANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 3
_(0)_ "specified area" means such area or amas in the waters surrounding the
Union territory of the Andaman and Nicobar Islands, but not beyond tb, lerritoQal
###### .~ as may be specified by lhe Administrator, by notificatiOn in the Official Gazette.
J. The Administrator may, by notiflcation in the OOidal Gazette, authorise any officer Alllhori~nlllln
of the Administration or of Central Government to exercise the powers conferred on, and to of officers
discharge the duties imposed upon, an authorised officer under this Regulation in such area
OJ' areas as may be specified in the notification.
```
CHAPTERn
```
R£GI.1LATION 01' FISIlING
<t. (1) The Administrator, may, having regard to the provisions of sub-section (2), by Power to
regulate,
order notified in the Official Gazette, regulate, restrict or prohibit-
restrict or
_(a) the fishing in any specified area by such_ class or classes of fishing vessels as prohibit
certain
may be prescribed; or
matters withiu
_(b) the number of fishing vessels_ which may be used for fishing in any specified spcciflcd Ile:l.
area; or
_(c) the catching_ in any specified area.of'sucl species offlsh and for such period
as may be specified inthe notification; or
(d) the use of such fishing gear in any specified area 8S may be prescribed; or
_(e) jishing_ in any specified area during such period of day or night as may be
prescribed. .
(2) In making an order under sub- section (I), the _J \dministrator shall have due regard_
to the following matters. namely:-
_(a) tho_ need to.protect the interest of different sections of persons engaged in
fishing, particularly those engaged in fishing by aslng traditional fishing crafts such
as catamaran, country craft, canoe or dinghy; ,
_(b)_ the need to conserve fish and to regulate fishing on 8 scientific basis;
_(c) the need to maintain_ law and order in the sea;
_(d) the need_ to lease-any specified area surrounding the islands to conserve the
fish or shellfish or to culture the fish or shellfish;
_(e) the need to lease out right to fish in the ierritorla! waters for fish culture and_
harvest; and .
(/) any other matter ~ may be prescribed.
~. No owner or master ofp fishing vessel shall usc, or cause to allow such vessel to be Prohihitinn ('"
usc of lishillf.
used, for fishing in any manner whlch contravenes an order made under section 4:
vessels in con-
Iravention of
Provided that nothing in such order shall be construed as preventing the passage of
any order
any fish ing vessel from, or to. the shore, through any area whether specified area or other- mode under sec-
wise: lion 4.
l'ruvlded Iurthcr that the passing of such flshh' g vessel through any specified area
shall not. in any manner, eause any damage to any fishing nets or tackles belonging to any
person who engages in fishing in the specified area tty IIsing any traditional fishing croft
.~\I~h BS catamurnn, country craft, canoe or dinghy In n :cordancc with the provisions of III is
Regllial iOJ!.
J ;ice"~ing of
6. (I) 'Ole owner ofa fishing vessel may make all application to the authorised officer
fishin(!. \·c~~tll.
I'lli' Ihe urant of a licence for using such fishing vessel for fishing in any specified area.
-----
4 THE ANDAMAN AND NICOBAR EXT~ORDINARY GAZETTE. MAY 14,2004,
, ,
(2) Every npplicntion under sub-section (/) ahnl! be ill such form, contaill such
particulars. and be nccom~anitd by such fl.es, as may be prescribed.
(3) The authorised officer may, after making such inquiry as 'he may deem fit and
having regard to the matters referred to in rub-section (4), either grant or refuse to grant, to
the owner of the fishing vessel a licence for us log such fishing vessel for fishing In the
specified area or specified areas as may be mentioned in such licence.
(4) In granting or refusing 10 grant a licence .under 'sub-section (3), the authorised
officer shall have regard to the f?lIowing IT atters, namely:-
_(a) whether_ the fishing vessel is registered or not;
(/» the condition of the Iish.ng vessel including ihe accessories and fi5hillg
bear with which it is fiued;
_(c) whether_ any order has bern made under section 4; and
(d) any uthcr matter as may bll prescribed,
(5) A lincence granted under this section shall be in such form and valid for such
period and subject 10 such conditions, inc luding conditions as to payment of such fees and
furnishing such security for the due performance of the conditions; as may be prescribed:
Provided that different fees lind different amounts by way of security may be
prescribed if! respect of licences for different classes of fishing ves~els.
(6) A licence granted WIder this socnon may be renewed _by the_ authorised ofOcor
subject to the rules made under sub-section (5).
I'fllhilJilhlll of 7. No person shall, after the commencement oflll!s Regulation, carry on fishing in any
tislting hl'lISill!: specified area using a fishing vessel, which is not llccnced under section 6:·
lishinf~ vC$sds
Provided that nothing In this section shall apply 10 a fishing vessel, which was being
used for fishing ill such area Immediatel), before the commencement ofthla Regulation, for
such period as may be specified by the A.lministratol', by notification in tho Official Gazette.
l'alll:dl;lIiulI. 8. (1) If the Authorised Offlcer is satisfied, either on a reference made to him in this
~ltsJlcn~i,,1t IIIHI .bchnlf or otherwise, Ihat-
:II"l,,,.rnICIiI 111"
li'TIIC':S. _(a) a licence_ granted under section 6 has been obtained by misrepresentation as
10 un essential Iact; or
_(b) the holder_ ofa licence hilS, without reasonable cause, failed to comply with
the conditions subject to which tho licence has been granted or has contravened any
of the provisions of this Regulation or any order or rule made thereunder.
then, without prejudice to any other pennlty to which the holder of the licence may be liable
under this Regulation, the authorlsed officer may, after giving the holder oflhe licence a
reasonable opportunity of showing cause and being beard, cancel or suspend the licence or
forfeit Ute whole or any part of 8ecuri~'1 if any, furnished for lh9 due performance of the
conditions subject to which lhe licence h~ been granted.
(2) Subject to any rules that may be made in this behalf, the authorised officer may, for
reasons to be recorded in writing, also vary or amend a licence granted under section 6.
Hc~iSlr:llh'll of 9. _(I) No owner_ of a vessel other (han, a fishing vessel registered under section 11 of -"
fishing \"\;~.cl" the Marine Products Export Development Authority Act, 1972, shall use or cause to be used 13 ufl97Z
for the purposes ,of fishing in the speclf-ed area, unless such vessel Is registered as a fishing
vessel under this Regulation.
(2) Every application for registration of a vessel as a fishing vessel shall be made by
the owner thereof to the authorised officer in such form and in such. manner and shall be
accompanied by such fees, as may be prescribed,-
-----
THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 5
_(0) before the expiry of one month from the date on which he became_ the owner
of such vessels; or
_(h) before the expiry of three months from the commencement_ of this Rcgu lation,
whichever is later:
, Provided that the authorised officer may, for reasons to be recorded in writing, extend
thc lime limit for registration by such period or periods not exceeding six months at a time, as
he may think fit. .
_(J)_ The nuthorised officer shall assign 8 registration number to the vessel and issue to
the owner of the vessel registered by him a certificate o;'registration in the prescribed from
and shall entpr the particulars of the certificate in the register to be kept by him in such form
DS may be prescribed: .
I'lIIvid~d that the authorised officer rna)" for reasons to be recorded in writing, refuse
to register the vessel.
(4) The registration once made shall continue to hi: in force until it is cancelled by the
authorised officer.
_(S)_ Evcry vessel registered under this section shall carry the registration mark assigned
to it by the authorised officer and such mark shall l-e displayed on the vessel in the
prescribed manner:
_«(j)_ No vessel, other than a registered fishing vessel, shall be entitled to apply for a
licence under section 6.
I n. Where 3 registered fishing vessel moves from the IIrCR (If one port to the nrca of 'of\.rl1l:l1 inn III
ilIlIJ:hcl' pori, for fjshjn~ in that area, the owner of such fi! hing vessel shall give information be given 10 'he
au(horbed of·
to thai effect, in the prescribed manner, to the authorlsed officer by whom such fishing
ficer I\holll
vessel was registered and also to the port officer havingjurisdiction over the area 10 wliich movcmcut o(
such fi!;hill~ vessel moves. li~hiliA vessels,
II. _(I)_ J':VCI y owner ufn registered fishing vessel sh 111 furnish to the authorised officer Itclllrm to he
Iuru lshcd h)
;11 slII:h interval and ill such inanncr such return as may be prescribed.
owner of regis'
(2) The authorised offlcer may enter upon and inspect any registered fishing vc~scl at iercd fishing
vessels,
any time to verify the correctness of any return furnished by the owner under sub-
section (1).
12. (1) Any person aggrieved by an order made under section 6 or section 8 or Appeal sgnlnst
orders made
section 9m3)" within thirty days from the date on which the order is communicated to him,
under section
prefer all appeal before the adjudicating officer in the prescribed manner: 6, section 8 or
section 9.
l'rovided thai the adjudicating officer may entertain the appeal after the expiry or IJlC
said period ot'thlrty days, but not beyond sixty days, lf'he is sutisflcd that the appellant was
1'1 l'\'l·flll'I.I by sufficient cause from filing. the appeal in tlms.
(2) On receipt of an appeal Under sub-section (I), the adjudicating officer shall, after
giving the parties a reasonable opportunity of being heard, pass sucb orders thereon as he
deems lit as expeditiously as possible, and in any case before the expiry of three months from
fill' dall' or til ill)'. Ilf nppcnl.
IJ. I-very fishery olliccr shall assist the authorised officer in the discharge of his rowcr~ nnd
duties of
d\ltit'~ and umy ..
fishery
offlccrs.
(<II interpose for the purpose of'preventlng, and shall [0 the best of his ability
I're\'I'111. till' cnmrnisslon of an offence punlsheble under this Regulation;
(hI enter into any \'c!\~el or premises, for inspecting fishing implements or fish
Ih~Il'fll .uu] cheek the r(l~~c~!lion of the fishing lleen-:c and registration of the vessel;
-----
6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, MAY 14, 2004.
_(c) conductfield verficatlon of the fishing Implements_ and crafts available with
the pnrtios who have applied for fithLlg licence: and
_(d) on knowirtg the design of on y person to commit an offence punishable under_
this Regulation, bring the same to the notice of the authorised officer.
I','".:r III enter 14. If the authorised officer has. eithl:r on receipt of a report of the fishery officer or
all" scurch lish- otherwise. reason to believe that any fishin ~ vessel Is being or has been used in contraven-
IIIIo! \ l"~l'h,
tion of any provision of his Regulation or of any order or rule made thereunder or of any of
Ihc couclil ions of the licence. he may enter and search such vessel and impound the vessel
and seize the fish found in it. '
( 1i.,,,,,1\ nl"lsh, 15. _(J)_ The authorised officer shall k eep the fishing vessel impounded under section
IIq~ \'l'.'I~1' I:. all,1
I _ii,_ in such place and in such manner as may be prescribed,
dtspp"ul of
\\,1/,'<1 li'.h (}) In the absence of suitable facilitieu for the storage of'the fish seized, the authorised
officer may, i file is of'the opinion that the disposal of such fish is necessary, dispose of such
fish and deposit the proceeds thereof In the prescribed manner in the office of the
"dilldicalill~ officer.
CHl..PTER III
AOJIIOICA noN
l\d.illdi~;"I\\iI, 16. (1) Where any authorised officer hu reason to believe that any fishing vessel is
being, or has been, used in contravention (If any of the provisions of this Regulation, or of
###### any rule or order made thereunder or of~n~( of the conditions of the licence, he shall make a
report thereof to the adjudicating officer.
(2) The adjudicating officer shall, hold an inquiry into the matter mentioned ill the
, report in the prescribed manner after @ivlng all the partles concerned a reasonable
opportunity of being heard.
l'cuatty. 17. (1) The adjudicating officer shall, after the inquiry under sub-section (2) of section
###### l6, decide whether any persons has used, or caused or allowed to 'be used, any fishing
vessel ill contravention of any of the provisions of this Regulation or of any rule or order
Illude thereunder or uny of the condition! of the licence, and any such person, on being
found guilty by the adjudicating officer, st 1111 be liable to such penalty not cxceeding.-
_(a) in case the vesselInvolved_ is fifty feet or above in length,-
(I) five thousand rupees, if the value of'the fish involved is one thousand
rupees or less; .
(iI) five times the value cffhe fish. if the value of the fish involved is more
than one thousand rupees; or
_(iiI)_ five thousand. rupees, in any other case, being a case not involving
fish, as may be adjudged by the Ilclj~dicating officer;
_(b) in case the vessel_ Involved I~ below fifty feel In lcngth.-
_(I) one thousand rupees._ if the value of the fish Involved is not more than
one hundred rupees; or
_(il)_ five times the value c.fthe fish. if the value of the fish involved is more
than one hundred rupees but not more than one thousand rupees; or
_(iii) one thousand_ rupee s, In any other case. being a case not involving
fish, as may be adjudged by tho adjudicating officer.
t.:') In addition to any penally that may be Imposed under sub-section (I). the
iI~iudicalillg officer may direct,~hat-
-----
THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 7
_(a)_ the registration certificate of the fishing vessel which has been used, or
caused or allowed 10 be used, in contravention of any provision of this Regulation or
of any order or rule made thereunder or of any condition of the licence shall be·-
(I) cancelled; or
(;,) suspended for such period as the adjudicating officer deems fit; or
_(n)_ the fishing vessel which has been impounded and the fish. which has been
, ~a:i7t'd under section 14 shall be forfeited to the Administration:
Provided that no fishing vessel shall be forfelied under clause (b), if the
adjudicating officer, after hearing the owner of the vessel or any person claim ing
any right thereto, is satisfied that the owner or such person had exercised due care
and caution ~or the prevention of the comnlission of sue h offence.
Ut.( _I)_ The Administrator may, by notification in the Official Gazelle, constitute an Cunstirutton of
Appellate
"ppl.'! lal~·l3onrd.
Buard and
(2) '1'11(, Appellate Board shall consist ofthree members one of whom shall be a person IIp[,cni to
who is or has been a District Judge and such person shall be appointed as the Chairperson .. ~PpCJlutc
oflhe Appellate Board and the other members shall be persons having expertise in fisheries oato.
or law and such other qualifications as may be prescribed.
(3) The fees and allowances payable to the Chairperso 1 and other members of the
Appellate Board shall be such 8S may be prescribed.
(4) Any person aggrieved by an order of the adjudicating officer may, within thirty
days from the date on which the order is communicated, prefer an appeal to the Appellate
Ilo:lnl:
Provided that the Appellate Board may entertain nny appeal after the expiry of the
said period of thirty days. but not after the expiry of sixty days from the date aforesaid, if
il is satisfied tlmt the appellant was prevented by sufficient cause from filing the appeal in
lime.
(5) No appeal under this section shall be entertained by the Appellate Board unless
the appellant has, at the time of filing the appeal, deposited he If of the amount of penalty·
payable under the order appealed against:
Provided that, on an application made by the appellant in this behalf, the Appellate
Board may, jf it is satisfied that the deposit to be made under this sub-section will cause
undue hardship to the appellant, by order in writing, dispense willI such deposit either
unconditionally or subject to such conditions as it may deem fl. to impose. .
(6) On receipt of an appeal under sub-section (4), the Appellate Board may, after
holding such inquiry as it deems fit, and after giving the parnes concerned a reasonable
opportunity ofbeing heard, con finn, modify or set aside Ute on: er appealed against and the
decision of the Appellate Board shall be final. .
(7) Where the amount deposited by the appellant by way of penalty under sub-
section (5) exceeds the amount directed to be paid by the Appellate Board, the excess
amount so deposited, or where the Appellate Board sets aside the order imposing penally,
the whole amount so deposited by way of penalty, shall be refunded to the appellant.
, .
J 9. '1110 Appellate Board may call for and examine the rcco 'ds of'any order made under Revision n.1'
Appellate
section 17 and against the order where no appeal has been preferred under section 18, for the
Board.
pUrp\lSC of satisfylug Itself as to the legality or propriety of such order or II!! to the regularity
M the procedure and p:\!JS such order with respect thereto as it r lay think fit:
i'ruvided that no such order shall be made without giving II reasonable opportunity of'
bcmg heard to the parties .
- •..
-----
## -
8 THE ANDAMAN AND WCOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004.
I'lI\H'rs Ill" Ih,' _20._ _(I)_ The adjudicating c fticer and the Appellate Board shall have all the powers of a
adllHiicallll1!
civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the ,'II
- (lin', ,11111 ihc
tollowing matters, namely:-
11 •• ,11 II
_(a)_ summouing 811 j enforcing the attendance of witnesses;
_(h)_ requiring the discovery and production of any document;
_(c)_ requisitioning any public record or copy thereof from any court or office,
_(d) receiving cvid_ encc on affidavits; and
_(e) issuing_ comm.ssions for the examination of witnesses or documents;
(j) lilly other matt ~r as may be prescribed.
(2) The adjudicating officer and the Appellate Board, white exercising any power
under this Regulation, shall be deemed to be civil courts for the purposes of sections 345 and
J.1() ofthe Cude ofCriminnl P ncedurc, 1973.
(3) The Appellate Boai 4 shall not be bound by the procedure laid down in the Code of
Civil Procedure, 1908. but 91,811 be guided by theprinciples of natural justice and subject to 5,
the other provisions of thh Regulation and the rules made by the Administrator, the
Appellate Iloard shall regulate its own procedure,
COllllaV~IIIIOI1 21. (I) Where a person committing contravention of any of the provisions of this
hI ((llIlfliinics. Regulation or any rule or order made thereunder or any of the conditions ofa licence granted
under it is II company, eye!') person who, at the time the contravention was committed, was
ill charge or. IIl1d was resp .msible to UIC company for the, conduct of the business or the
(,'OJllpany, ns well as the company, shall be deemed to be guilty of'the contravention and slndl
he liable to be proceeded against and punished accordingly:
Prov ideo that nothh.g contained ill Ihis sub-section shall render any such person
liable to any punishment.ii]' he proves that the contravention was commiucd without his
knowledge or that he had exercised all due diligence to prevent the commission of such
contravention.
(2) Notwithstunding anything contained ,in sub-section (1), where n contravention
under this Regulation or imy rule or order made thereunder or any of the conditions of a
licence granted under it has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, maneger, secretary or other officer of
the coanpnny, such director, manager, secretary or other officer shall be deemed to be Sllilt~
of that contravention and shall be liable to be proceeded against and punished accordingly.
###### bp/Wl(Jfion.-ror Ihe purposes of this section,-
_(tI)_ _•• company"_ means any body corporate ami includes a firm or other association 01
individuals; and
_(b)_ "director", in relation to a firm, means Ii partner in the fum.
CUAPTERIV '
MISCELLANEOUS
22. (/) Nothing c.nunlncd in this Regulation shall apply to survey vessels belonging
, to
_(a) the_ Celli rut GOYCOUllcnt;
_(b) a State_ (Jovcrnment;
_(c) it public_ undertaking.
_E\planalioll.-_ For the purposes of this sub-section, "public undertaking" means
any company or corpc ration owned or controlled by the Central Government including a
Uuiou territory Administrntion or by a Stale Govcmment.
-----
THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 9
(2) If the Administrator is of the opinion that, having regard to the
purposes of this Regulation, It would 110t be In the public interest to apply all
or any of the provisions of this Reguilltion to any class or classes of fishing
vessels used for fishing In any specified area or areas, he may, by
notification in the Official Gazette, axornpt, subject to such conditions as he
may think fit to impose upon such cia 3S or classes of fishing vessel used for
fishing in such specified area or areas, as he may specify in the notification,
from the operation of all or any of the provisions of this Regulation:
Provided that no notification under this sub-section shall remain in
force for more than six months al a time.
23. (1) No suit, prosecution or other legal proceeding shall lie
against the Administrator or any officer or authority for anything which is in
good faith done or intended to be done in pursuance of this Regulation or
any order or rule made thereunder.
(2) No suit or other legal proceeding shall lie against the
Administrator or any officer or authority for any damage caused or likely to be
caused by anything which is In good faith done or intended to be done In
pursuance of this Regulation or any order or rule made thereunder.
24 (1) The Administrator mEIY, by notification in the Official Gazette,
make rules for carrying out the purpores of this Regulation.
(2) In particular and without prejudice to the generality of the
. foregoing power, such rules may provide for all or any of the following
I matters, namely:-
I
(a) to regulate, restrict 01· prohibit the matters under clauses (8),
(d) and (e) of sub-section (1) of section 4 and the matters to be
considered by the Administra or under clause _(f) of sub-section (2)_
thereof,
_(b) the form of the_ application for grant of licence under sub-
section (1), the particulars which it shall contain and the fees which
shall accompany it under SUb-section (2) of section 6;
_(c) the matters to be considered by the authorized officer in_
granting or refusing to grant a licence under clause (d) of sub-section
(4) of section 6;
_(d) the form of licence,_ the fees payable, the conditions therein,
and the security for the due performance of the conditions of the
licence under sub-section (5) c,f section 6;
_(e) the procedure to_ btl followed in varying or modifying a
licence under sub-section (2) c f section 8;
_(f) the form of appllcatior I_ for registration of a vessel as a fishing
vessel and the fees which shall accompany such application under
sub- section (2) of Section 9;
_(g) the form of certificate of registration of a_ vessel as a fishing
vessel, the form of the register referred to in sub-section (3) of section
9 and the manner in which thE· registration mark of the fishing vessel
shall be displayed under sub-section (5) of that section;
_(h) the manner_ in which the information relating to movement of
a fishing vessel from the area (of one port to another port shall be given
under section 10;
_(i) the time and manner_ in which returns by the owner of a
registered fishing vessel shall be furnished under sub-section (1) of
section 11;
_U)_ the manner In whlch appeal shall be preferred before the
adjudicating officer under sub· section (1) of section 12;
_(k) the place and the manner in_ which an impounded fishing
vessel shall be kept under sub-section (1) of section 15 .and the
manner in which the proceeds of the seized fish disposed off shall be
deposited with the adjudicatir·g officer under sub-section (2) of that
section;
-----
10 THE ANDAMAN AND NICOBAR EXTRAORDIN)\RY GAZETTE, MAY 14,2004.
(/) the procedure of the inquiry by the adjudicating officer under sub-
section (2) of section 16;
_(m) the qualifications_ of th'j members of the Appellate Board other
than the Chairperson under sub-sectlon (2) of section 18;
_(n) the feas and allowance_ s payable to the Chairperson and other
members of the Appellate Board under sub-section (3) of section 18;
(0) the matter to be prescrlbed under clause _(f)_ of SUb-section (1)
of section 20;
_(p) the procedure_ of Appellate Board under sub-section (3) of
section 20;
_(q) any other_ matter in respect of which provision is to be, or may be,
made by rules under this regulat on.
(3) Every rule made under this regulation shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised In one session or In two or
more successive sessions, and if, before the .expiry of the session immediately.
following the session or the successlve sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule should
not be made, the rules shall thereafte r have effect only In such modified' form or
be of 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 that rule.
25. (1) if any difficulty arises in giving effect to the provisions of this
Power to
regulation, the Administrator may, t y order published in the Official Gazette,
remove
make such provisions not inconslste tt with the provisions of this Regulation as
difficulties.
may appear to him to be necessary for removing the difficulty:
Provided that no order shall bu made under this section after the expiry of
three years from the commencement of this Regulation.
(2) Every order made under t~ 15 section shall be laid, as soon as may be
after it is made, before each House cf Parliament.
Repeal and
26. (1) The Andaman and Nicobar Islands Fisheries Regulation, 1938 is
saving.
hereby repealed.
1 of 1938.
(2) The repeal of the said Reg'Jlatlon shall not affeot-
_(a)_ The previous operations of the sald Regulation or anything done
or _suffered_ thereunder; or
_(b)_ any right, privilege, obligation or "ability acquired, accrued. or
incurred under the said Regulation; or
_(c)_ any penalty, forfeiture or punishment imposed In respect of any
offence committed against the said Regulation; or
_(d)_ any Investigation, IElgal proceedings or remedy' In respect of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid, and any such investigation, legal.proceeding
or remedy may be Instituted, continued or enforced and any such
penalty, forfeiture or punishment may be Imposed as If the said
regulation had not been repealed.
A.P.J. ABDUL KAlAM,
President.
T.K. **VISWANATHAN,**
Secy. to the Govt. of India. -
MGPPB-100/GAZETTE/2004-40 Copies
-----
|
30-Jan-1956 | 5 | The andaman and nicobar islands live-stock improvement regulation 1955 | https://www.indiacode.nic.in/bitstream/123456789/18990/1/andaman_and_nicobar_islands_live-stock_improvement_regulation_1955_5_of_1955.pdf | Andaman and Nicobar Islands | ###### (Wftr ~ntlalnan and ~~t(nhnr (j5al£ttc
EXTRAORDINARY.
PUBLISHED BY AUTHORITY
No.1, PORT BLAIR, TUESDAY, JANUARY 31, 1956,
OFvrCB 0]" rrrn omur co~'[}\nS8TO:\Tn.,
.• ol..\" D.\::II.\.\" A.:\1) XrCOHAJ:. IsL.-\ :\1)8 -
. ~()TI FfC.\.TfON.
###### ,
_Port_ _Blair,_ _the_ _30th_ _January_ _7956._
###### i\ o. 13/;;G,-~rhe following Regulatiou )1l'ol1:mlgate(l
l.y the President under clause (3) of article 243 of the
###### Constitution and published in the Gazette of India,
Extraordinary, I>art II-Section 1, ilated the 30th Decem-
her l!1t).i, is herehv repuhlishcd fOI' g'('ncr!l.l information:-
THE _\,.\1}..:D{.\_'\" "\'~l) X[COTL\.l1 TRL.\'XDS
###### IXfE"TOCK L:HPn,OYEl\TBi\T nECrIJ.\.TIOX, 10.');)
X o. ,j of 1.0.).)
l">l'omnlg1\te(l h.v the President in the ,'ixth YC<l1'
of the Il.epuulic of' Ludia,
###### A -I~egnb tion to provide Ior the improvement or
live-stock in th('/·\ pr]'1l')'111 '1'1/1 ';('0\)'1]' 1 dnnrl-.;,
'- **.•, .**
e
Tn exercise of the powers conf'cn-cd hy (~1i\,11<;e (:2)
###### or articlo 2J.3 01' the Constitution, the I'resirlent is pleased
to promulgnte the following Hcglliation made l1Y IJ im:-
_1._ _(I)_ This Regulation may be called the Andarnan and Nicobar Short
Islands Live-stock Improvement Re~l1!:Jt;()I;. 19:;S title,
e x t e nt and
c om mence-
I **mcnt.**
(2) It extends _to the-_ whole _of_ the Andaman and Nicob:tr Islands.
- -_---- -_--- _--_- -- -_ - - ~ -_ -_ -~ ----- - - - - -----------------
-----
...
###### -_._----.. --- --
~. (3) It shall come into force at once in the Andaman
Islands; and the Chief Commissioner may, by notification in the
Official Gazette, apply all or any of its provisions to any other
area in the Andaman and Nicobar Islands from such date as may
be specified in the notification.
niti ons. 2. In this Regulation, unless the context otherwise requires,-
f _(a)_ "bull" includes a buffalo-bull ;
_(b)_ "Chief Commissioner'" means the Chief Commis-
###### sioner. of the Andaman and Nicobar Islands; •
.. (c) "cow" includes a buffalo-cow and a heifer;
J_" , . _(d)_ "licence" m~ans a licence granted under section 4 ;
_(e)_ "Live-stock Officer" means. the' person on whom the
###### powers or duties of the Live-stock Officer under this Regulation
are conferred or imposed under section 3 ;
(f) "prescribed" means prescribed by rules made under
this Regulation; .
###### !£~ (y) ~.iJ~~_..:::2
_(h)_ a person is said to "keep a bull" if he owns the bull
or has the bull in his possession or custody; and
(i) a bull is said to be "castrated" if it is rendered incap-
able of propagating. its.species. .
point- _3. The_ Chief Commissioner may, by general or special order,
nt confer or impose on any person all or any of the powers or duties
Live-
of the Live-stock Officer under this Regulation. '
```
ck
```
leer.
**_,_** **_'_** **_1C /)~ vv:-.~ ~_**
lis which 4. (1) No person shall keep a b_ull which .has attained the ~- ()
f+ed ag. except under and in accordance with the terms, conditions
and restrictions of a Iicence granted under this section, unless it is
certified by the Live-stock Officer that the boll has been effectively
castrated by a method and In a manner approved by him.
_Explanaiion.:_ Where a_ person keeps ,more than one bull, he
###### " shall obtain a • separate licenoe in respect of c each bull.
(2) Every licence under this section. shall be granted by the
Live-stock Officer and it shall be in such form, for such period,
and subject t<1 such terms, conditions and restrictions as may be
prescribed. .
(3) No fee shall be charge 1 for the grant of the licence.
e luso l and' 5. (1) Subject to such rules as may be made in this behalf, the
-v ocati on of Live-stock Officer may refuse to grant or may revoke a licence in
ce nees.
respect of any bull, if in his opinion the bull appears to be-
_(a)_ of defective or inferior conformation and consequently
likely to beget defective or inferior progeny, or
_(b)_ suffering from an incurable contagious or infectious
disease or from any other disease rendering the bull unsuitable
for breeding purposes, or
_(c)_ of a breed which it is undesirable to propagate.
,
(2) The Live-stock Officer may also revoke a licence granted
in respect of any bull, if in his opini n-
###### •
_(u)_ the licence was granted under circumstances of which
he was not aware at the time of granting the licence, or
_._ _(b)_ there has been a breach of any of the terms, condi-
tions or restrictions of the licence.
(3) Before a licence is revoked under this section, the Live-stock
###### Officer shall give notice thereof to the person keeping til bull or
to the per on tared in the licence to be the owner of the bull, and
such notice shall set out the ground for the revocation.
Surrender of 6. A licence granted in respect of a hull skill be surrendered
lic- nc e . without delay to the Live-st ck Officer, if-
_(0)_ the period specified in the licence expires, or
_(b)_ the licence is revoked under this Regulation, or
1 ~J)_: - •• ,
-----
7.. The Live-stock Officer may by order require any person r ns pecti on of
keeping a bull to submit it for inspection by himself or by any bulls.
officer or. person deputed by him for the purpose, at any reasonable
###### time, either at the place where the bull is kept for the time being or
at any other reasonable place specified in the order, and thereupon
it shall be the duty of the -person keeping the bull to submit it for
inspection accordingly, and render all t reasonable assistance in
connection with such inspection to the Live-stock Officer or the
officer or person so deputed, as the case may be.
,
8. (/) The Live-stock.Officer may, by order, require any person Power 10
- ! keeping a'bull which in his opinion has attained theeped£iae a~e order cas-
') tration of
and ~ respect of which no licence is for the time, oemg in force bulls.
under this Regulation to have it castrated within' one month from
the date of the service of the order, by a method and in a manner
approved by the Live-stock Officer and specified in the order.
(2) Such castration shall be performed or caused to be perform-
ed by the I Live-stock Officer free of charge, unless the owner or
###### other person keeping the bull desires to make his own arrangements
for complying with the order. ,
###### 9. If any notice or order is served under section 5, section 7 or Duty to
inform
, section 8 on any person keeping a bull who is not the owner of the **owner**
bull, it shall be the duty of that person forthwith to take all reason- of contents
###### }' oable rder, steps to inform the and if he fails oto wner of the do so, he shacontentll be lias bole f sto uch idemnify notice or the ordof enr otice of casor - i tration.
owner against any loss which the owner may sustain by reason of
such failure.
###### f,
10. It shall be the duty of any person who for the time being Production
keeps a bull in respect of which a lieence has been obtained and is of licence.
in force, to produce such licence,-
###### <,
(d wit in a rea, o a Ie ime, t an 1:1 e where the bull
is icu L,le tune bing. { d rnand made by II e Live-stock Oflicer
o :--',' r;ffi-;:"'r of the A.~;,::ulture De artr - 11 t below 'the tank
###### of 'f,ri~ul.u •. d Assistan, 'Or an officer c, tl , Revenue Depart-
me, ~ .ret vel w the rat - of I shsildar V~ - h other offi':er as
' .. may l,;: auth, rised in I,is behalf by the Chief. Commissioner by
###### general or special order, or
_:_ _(b)_ before cow is s=rved by the bull, on demand made
by the person in charge uf the cow.
11. Vlkever- Penalties.
###### '. •• (" I'.t" ps at, •. p .. cr-nu avention of t'I'S ~ egulation 0 of
a., ..- \.,: order rr t~l:![euoder, or of any of file terms,
C I ". L:-"s or r st ;C~:U_l:; 'f a hcence, or .
,(., neglects or I~ :., -.0 cubr it a bull f,)l inspection when
###### required to do so unde , sect ion 7, or
{c) neglec or fa:is 1.0 com ply", ith an order 5 rv d under
secuo« 8, or
f)
(u) neglects or fail" to produce a licence -hen re uired l
do so under section 10,
###### shall be punishable with fine which may extend to fifty ru e s,
and in the case of a second or any s bsequent offence with fine
which n y extend tu or-e t··.ildred ru ees.
to
)
I' 12 ~:) l( a person wh-: "«~'s a bull neg'_cts or f ils t submit Pow r of
###### , ! iit t casfor t ated, in:'r'';!clic,. hn, en wr] equired en t"~l. '0 ,.:l do to so udo ndso uer ndesectr i '''n 8~t;, on the 7, Lir vet-stoo I avck e LOivll-;ae-sr t ocl
Officel.. r direct th it til' 1]1 shall be castrated by a method and 1t 0 r at C3'e - hul] -
###### • in a roam er ap roved by Lun all marked With a res ri ed mark
in the prescrl ed m nncr, f:ee of chnrge.
(2) If It is not known ill "ho.:e ownership. rsses ion or custod y
a bull is for the time being .j the fact en not e ascertained after
###### an, inqu'ry in the prescribed manner, th Live-: to l.: Ot1i -cr may
seize the bull or cau it to be seized and, ." he 'I of opini n that
the bull uas ~ tained the .,' _;er~_ nd s unsuitable or breedinn
purposes en any of the C'\!l',h C' - in section (1) of
" {'tinn <;, I", mav direct t"~ the lull shall be tastra.cd l v a method
-----
'j'
(3) Every bull seized under sub-section (2) shall, after it has been
castrated and marked as aforesaid tvhere necessary, be sold by
~ public auction or sent to a _pinjrapoie or infirmary recognised_ by the
, Chief Commissioner in this behalf.
I
(4) If the owner of any bull seized under sub-section (2) appears
before the Live-stock Officer within, such time as may be prescribed
for the purpose and proves to the satisfaction of the Live-stock
Officer that the bull is owned by him-
(i) in case the bull has been sold by public auction, the
proceeds of such sale shall be paid to the owner after deducting
therefrom the costs, charges and expenses incurred for the main-
tenance and sale of the bull; and ~
(ii) in any other case, the bull shall be delivered to the
owner on payment of the costs, charges and expenses incurred
for its maintenance,
(5) The amount of such costs, charges and expense hall be
determined in accordance with the prescribed scale. .
Power 13. For the purposes of this Regulation, the Live-stock Officer: or
01 Live- any officer or person authorised by him in this behalf shall have
stock Officer
to inspect or power at all reasonable times-
mark _(a)_ to inspect any bull ;
bulls and to
enter _(b)_ to mark any bull with a prescribed mark in the pres-
premises. cribed manner; and '
_j_ (c) subject to such conditions and restrictions, if any, as
may be prescribed, to enter any premises or other place where
he has reason to believe that a bull is kept.
14. It shall be the dutx._ of all ~illage officers and servants and of
Duty 01
officers all officers of the Veteriiitrrv, Agriculture and Revenue Depart-
to re.port ments-
offences,
etc. _(a)_ to give immediate information to the Live- tock
Officer of the commission of any off.ence or of the intention or
preparation to commit any offence punishable under this Regula-
###### tion, which may corne to their knowledge; .
_(b)_ to take all reasonable measures in their power to
. prevent the commission of any such offence which they may
###### know or have reason to believe is about or likely to be commit-
ted; and '
(c) to assist the Live-stock Officer in carrying out the
###### provisions of this Regulation.
Cognizance 15. No magistrate of the third class shall try any offence punish-
of offences. able under this Regulation, unless he is specially empowered by the
Chief Commissioner in this behalf. .
Officers to 16. The _Live-stock_ Officer, all persons and officers authorised by
he public him under this Regulation and all village officers and servants while
servants.
discharging their functions under this Regulation, shall be deemed
###### to be public servants within the meaning of section 21 of the Indian XLV of
Penal Code.j . , 1860.
11., r of _17._ _(I)_ No suit, prosecution or other proceeding skill lie against
certai n pro- any officer or ser ant of the Government for any act done or
ceedings. purporting to be done under this Regulation, without the previous
sanction of the Chief Commissioner. .
(2) No officer or servant of the Government shall he liable in
respect of any such act in any civil or criminal proceeding, jf the act
was done in good faith in the course of the execution of duties or
the discharge of functions imposed by or under this Regulation.
Lirn it a ti on 18. Notwithstanding anything contained in any other 1n\V for the
r or ce r tn i n
time being in force, no suit shall be institute I again t the Govern-
suits and
**pr ose c IIti** **ons.** ment ancl no suit, 'prosecution or other proceeding hall be institut-
ed azalnst any officer or servant of the Government in respect of
any act done' or purporting to be done under this Regulation, unle: s
the suit, pro ecution or orh r proceeding is instituted within i x
months from the date of the act rnplained 0(.
-----
~E ANDAMAN & NICOBAR GAZE'rTE, EXTltAORDI~AB Y, JAN., 31, 1%6. 5
himself as to the legality or propriety of such order or as to the
regularity of such proceedings, and may pass such order in reference
thereto as he thinks fit.
(2) Nothing contained in this section shall apply to the orders
or proceedings of any Court or 11agistrate.
###### 20. (1) The Chief Commissioner may, subject to the condition Power to
. of previous publication, by notification in the Official Gazette, make make rules.
rules to carry out the purposes of this Regulation.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for-
_(a)_ all matters expressly required or allowed by this
Regulation to be prescribed ;'
_(b)_ the circumstances in which duplicates of licences may
be granted, the fees which may be charged for the grant of such
duplicates, and the conditions, restrictions and limitations
subject to which they may be granted;
(c) the powers to be exercised and the duties to be
performed by officers appointed under this Regulation and the
procedure to be followed by such officers; and
_(d)_ the service of notices and orders issued under this
Regulation.
(3) In making a rule under sub-section (1) or sub-section (2), the
Chief Commissioner may provide that a person guilty of a breach
###### thereof shall be punishable with fine which may extend to fifty rupees.
**21.** The Chief Commissioner may, ~order in writing, exempt Exemption.
###### from the provisions of this Regulation any bull. dedicated to a religious purpose in accordance with any religious usage or custom,
if-
_(a)_ immediat Iy before such dedication notice has been
given in the prescribed manner to the Live-stock Officer, or
_(b)'_ where no such notice his been given, 'the Chief Com-
###### missioner is satisfied that such dedication ,has been made in
good faith.
###### ,
- Sd/- HAl\[ SAHAi\ DAS.
_Assistant_ _Secreiaru_ _(Judicial)_ _to the_
_Chief_ _Commissioner,_
_Andaman_ _and_ _Nicobar_ _Islands._
-----
###### •
1!' ~itDbar' cJaztttt
## ~, ~ttdaman and
###### ~OBDINA.BY PUBLISHED BY AUTHIRITY
•
No. zs. PORT BLAIR. TBlJRSDAY, DEC. 8, 1911/AGRABAYANA 17, 1~- .
ANnAMAN . AND NICOBAR .ADMINISTRATION~
,
ClUBI' 001l)(188IONEB.~8 8BCRETA.RI~T.
###### NOTIFICATION.
Prwt Bl4i,., tM Btl Decf;1f4h~ 1960/17111 .&grtlhay{Jfl(j 1882.
No. 281/13-'19/60-J.-The foIl ow in g. Regulation promnlgated by the President is reproduced for general information. ~ -,.
:By order,
###### (B. B. BRIV AS'J\A V A) AMI. Sec7"ttary to the Chief C017l7ni8riMser.
.
### ------.
###### THE ANDAMA.N AND NIOOBAR IS:(;ANDS LIVE ..
STOCK IMPROVEMENT (AMENDMENT) REGULATION, 1900
No. 4 o:r 1900
. Promulgated by the l'resident in the Eleventh Year of
###### theB.e=~~. . A . ~ to amend the And&1J1An and Nioohar Islands Live •. atook Improvement Regulation, 1955.
:ftl e~ of tM powers oonferred by article 240
###### of the Constitution. the President is pleased to promulgate the fono~ .Regulation made by him :-
L (1) ""-:- ~~ ~ion may be \noUCU~11_~ , the Andaman and c_tDOSallft title llcementud .
Nieo~ Islands ive-stock Improvement (Amendment) Regulation. 1960. •• . '
-. (2) It shall eome into force at once.
Amend !Ileat of
###### S. In the ADd~n a.nd Nioobar IslAl\dw Dive-stock R~ulatioo 5 01 Improvement Regulation. 19:i5.-- " 1955.
<i> elsuee (0) of section ~ shall be omitted; and •
. ../
. (") f.or the words "speci1ied age tt wherever, they
###### occur the \fords, "prescribed age U shall be substituted.
• R.A.JE1\"1)RA PRASAD;
P1'erident.
R. C. 8. SARKAR, Sec!!.
PRIeN: $EYENTY-IIVE ~'.4 YB P .ass
-----
|
30-Jan-1951 | 1 | The andaman and nicobar islands public gambling regulation 1951 | https://www.indiacode.nic.in/bitstream/123456789/18994/1/ani_public_gambling_regulation_1951.pdf | Andaman and Nicobar Islands | ###### T-
\'U' ANDS [PUBLIC] GAI',bL rNG
###### , TIfft ANDTU"IAN [Al,rll l\iIc ][Ctslh ][ISL]
. REGULATI'ON, 1951.
IrTo. I o 1
A Begutratlon [to ][nrd1ld?: ]I?" [the ][punlshment' ][of]
###### pub11c [gambllng ][and ][;h; ] [egnfng [of ]Yo'lTot [garrring-hous ] [qs ][1n] the Arrdaman [and ][Nic ][oUi" ][ls:L"nat'' ][and ][' ][f ][or ][matters ][c ][onnected] therewlth'.
In excepcise [o,f'the ][powerF ][conferrgd ] [b{ ] [claD'ge] (r ) of articl, z+J'-Lr' [trru_ ][rionstrtr-,trol, the President ][ls ][p1e--] asectlpr;;;ie*tii;"'fJri;;i;;3;au1.a}.i,onmadebyh1rr;-:l
:
1 . Shprt,tltle, [extel\t ] -+.nd [conrencement ] ['--(t0]
###### Thls publlc Regulatron oarrroii"g [,may ]h""gu'iiti6;- [i;. g.tt;a tn" ]fi|l ' l [Ahd*run ] [.a.nd ]' , [Nicoba' ]\ [rslands]
'
###### Z. It ,. extends [.to the ][whOle ] [of. ][the ] [Andarnan ][artd. ]['] liic obar' [IslahtlS ]'
(: ) It s hal-1 [c ][ome ]['1nt o, f orc ][e at ] [onc ][3 ][']
{
l.
###### fn thls Rebulatlbnv [unless]
?.' [D*f ][inltlons ]'-
1;kre ccPtext [othgfwlse' req-uire']
###### t
(* ) , [ttbetting ] of ff cerr [means ][aFI] plac e , whethgf
g . or ['b ]etlj.t B
:,,,.rb1- [i.c ][qi. ][private ][, ] [l.lf ][i"fr ][-it ] Ys " [d ][f'or ][wagerin] or wagerlng [oI']
###### ii;;i; ,"ri-fbr [recelvin*.monevs as ][dn'agencv ]I[t] xe'rc1se, [or for] 1,si-;t1.g,pI'n'- [;;)'-tqt-Fight, ][game'- ][sport ] ' the s et tl enlent
1;kie sdttlttmEntr,*f FYCh [*-ageTs-or ][bels ][or ][for]Lt of s uch [wage-]
t.t h}re [ageni^-ilitfi ][[i'- ] [prtil"1,plas ] [on, ][the ][re,s ][u]
###### {
t r'S [f-)r ][betS ] [;]
de [n ][means .the] qs" of Crimina{
###### Q) 'rthe [co]
Pr [oc'e ][rJure] 189E' [(apt ]v [of] fie9),
(:l ) [rtc ]ommon gaTing-houserr fl€afis abY Pl [ar: ][e ], [whe-]
h
t; i't,ll [uub] ][i.c or ] [pf ][ivate ] [.1n whlc]
(a ) arrY instruments [of ] [g,] aming are ';ePt [L)r ][us ][ed]
###### owld[ , [oc ][c ][uP{lng ] , [r]s ][ing]
i'o r the [p ][roflt ] [or ][eu.'in:ii ] . !l: Pu-ti.:: I f charge [for thr; ] [Lrse]
###### o.r' keiepirig [s ][uci: ][pllce- ][Whelher ][by ][way ][o] or o f tHe Pl [erP ][e or ] [Qw!]
o 1' Lrn [irrs ][t' ][tuur*"t's ] [' ][of ] [gamlng ][as ][s ][ugh ]' s, ,or
###### "irrut*i,se [howsogver ] [for ] [garnllgr ][FurPose] or Chlna
(U ) the ,8*te 'of [the- ][well- ][known ][tn ] [Blrrrna] ld carrl-
###### gJ". ;; [pF[tI,na"a'eame ][o'f: ][a like ] [naLutr,er]
or any [other] ed [ori;]
(l+ superlttendent [gr. ][ncr ][tc'9" ][ill+udes]
###### ) [nDtstrlct ]
i_t:) [.:rs_c ][istant ]_gup""eo[l"g""t ,!a'Pollce - [9I ] [ot]re'r ][pe:r5oI'] ] [' ][a'Iitr]t',rint'ed]
###### t;), [generar_ ][pf oi 3p;;iil ] [.rdeir ][Li*ty,- ]t,t''"' ci'-ltieqE'oj" [chief ][cornurlsslc,er: ]a ' Di;ltrict' [',rc] Su--
H );erclse, [the ][po1',/ers ] [;;d to ] [p.erf ][oi,'n ] niln anv area;
i, [crintend;;i 5i ] [P;i1;;'^u,.rrui' ] [iii'= ] [n98tll ][^tlon ]
###### Contlnue-i ' [2/*]
-----
-+t ,I I 'J'Wrffi{
###### $ *r1[
,)
, [L' ][opy ] . [of ]+ [bt ][b"r ][Irro ][. ] [l ][g-7 ][112 ][o-Home ] dat ed 1-7 6
###### from the Lssis tant Sec-reta::y (Gen""ur - [,;, ] ), Anclaman ancj .Nlcobar o'f A{rln-rgr.;rrt-} Potic e, Arlciaman o\,, Fort dlair-;,j;ressed anci /ratr.anirc,rrr;;- i;i;;d;; to I;;'i""il;tor port Brarr. - Generrrl
Sub :- JSnpplf of Anr.laman ancl Nic g.h ar:.. Gamb.tr-lng hug ula1,-
_l onl
###### tter No.
1 6/ 1 1
f orwar /76 dar.q],'?E,.tr*i;':;.*l: d nArewJth one c opy of tb; ;;;;;.1",5;$ Arr,i; run arld NlI;eove ob arr anclfsl alld.<to[55ttt7]
###### Pu-r)llc Garnbllqe Resulati.bn, fii1 (N;;-iT"oi lgit ) and to say that'suff-lcleilt- nfilrrer or' copi*" thereof r B.s per the re q ulr- of enrent the'zar'lous of thc :bnartnrent Police Statiofrs may ki;;iy-b;-sdi'"y"rbanh outiosts etc s tyl eci fo f tll:e ' ffixxxxx
i
###### OFtr'rcil".'df*# ERINTENDEN; T)F' POLTCJd
A-1\ DAIl,/iN alVD' N fC UBAJ1 ISLANUJ .
###### , o0o
Port 81air. 1 ciatert 1-yle q Jul-I , 19'7 5.
Qf.S.Pr.s C , f [I ]s and
a S.H.0rg frfr informatj-on.
,t .a {
###### , \ 't ),
. I [,, ][.1i. ] [,l-i,,,*]
. / Super,*nt endEIlT-6f Polic e .
t'
###### . Varadan i:TT6
-----
\l|
2
###### G ) the words [rlgarulng ] n rrpl gramlnatlcal - [variations ]unJ""sils lnd aylng\, wl th thelr
' nded [t ][a ][klng ]game part of [-1n ]a like tfi; game na*g.u, of tne ["tut ]c)r cro ""Enail in no[^ ' any lnc]-u-de: ,expresslons olhgr [rr. garne promotlng,or tncl ,pr ucleete_
###### i5a"3l ;i:r:31'n* [parf ][1;;'ui, ][sa.me ][oi ][rnor]e ]hur*an s,r{11 , whe-
\ . (a),rc) ,thei expi.esslon, rrins trunents of ga ml n_gtt he an,s-
b1os, ganrtng ['cloth] Pny [,cards, ]cllce, counters.. n olps 1 gamlng ta.-
.QT ACtualIy uqed t or' f_:g,3Itng the purpose, [boar_ds' ]or [ol other-iri]gamlii; [*' ]" 1c-]- es devisecl
###### othere-ts or ganne 'forms ay,, usq,q. pi''btendea--[ar,.d. (n ) any foi -th" boxes.r ptsrBgse ii," . g,f-; recepf ,rf-;;;:o;;; iif;, qcl.es il*E;;l;.,, 11sts I ,. ori papto or ers an.y, t-Lc k_.
\ ' osure, r?om, u^A_ i{ecg,; [:"{7) ][i;B}aqs" ]"\resser [m*m ]tr. ;.=hi;ies, [14c1udes ]. a [-- ]housoii [- ][-,] ten t ,, encl._
_ *,._+$.,,r, [Egnaf ][ty'. ][fo* ][oryi-ng]
###### IgeOfag aUIng;t't6.OUS"e . K \,'.........'.-trg$ng [or: ][heivtrlg ] cha-
Whnsver
###### ,Lng the [is":.. [-'. ].:i wIter. op' eP gc,cupl er or' katmx hav_ ' gauing_ -a s,; , kee,p q. 9r' us e's t'he samd as a ..comnon
on ow lngJ-{ gaming*hle,use p-eruit s: "t,he..i-#'., $Fu ro [rbr+rrer ]De opened, [oi ][gc ][.u.spd; ]c u.pi.errio{ [or ]tt,FPb,. [ani ]dg [pl'a ]a [c] ,kn:'j-ii,."',fiUr-'' ; [-gr ]
i:: I
(c I he's e care or'
1ng-h_oup;,a; 9f e n g b'u.B'in es s .g.f any c ?{-*l 9lnlnon .,_4nY gprn?: j i,.
o f ganrlng wj.th ,Pffis-ons(a-), advq .'frdquent,lngttces or f urnl&IIy shes "c orrn:L.Eghon e'v ., f,or ah1thng-h e P;L1Ii) FE[pos.e] !it_ ,i
###### sha1l be-'
dflv n[ e th r rst 0;.; { offence 1s on,mb n to a t f,or f I.ne a" not term exc n o.b e e cl dxc inge e-
###### exceedi for. & trr*b,s eq u['e,n].t?t..,l! pffence to a fJ-n e rrot nob exc up esBt or to |rlprlrS Oil'mo nt" f6r,a 'bgrm
r. L;'<':.'
###### use,, hlhg *; [i'':] for' playlng or. he,l ng 1n c-t. ganilng- ho-. prssent [''f] a ;.ganrl''c [ommon ,ga-f{] rlg-house or ts tl.1ere p1aylng, P'g exceedln g e f1 r''s [t ] t'[whether ] offle,nce, [or][,to,][ n] [crb ]a fline [ac ][t ][r-l ][al.Iy]not
not exie ecilng one .? mprls onpent fr:r a terrns ne not e,rC eod1.n g df ar tsupees e1€,14hsequent or bo lmBrloff ence s Qnment to a fi-for
a ter m not excbedlng uohths
-----
.',,1
ti
# ffiI
.4
3
###### 5. Penalty for gamlng'or settl4g blrds or an1- mals to :tight 1n publlc DlaceF .--h/hoeser,16"ai?t- OT thorcugh;iar.e or place to- vrhlcir the puUllc have ac "t"eetcess- (") plays fo" money or other valuable thlnp wlth any lnstrument of gamlng; . or
(U ) sets any blrds. or anlmals to A flght; or
.p u*f s s pah
###### ubl ic ,, *n{il*03}"frlH3"3"t',l;ifis; , ' [and ] [ab ][et ]
ssloner may,_ (O by ) 1n ndtlflcatlon any local ar.qfl. to,. rn^.trl6' wh{ch offli*i;i the Chlef C orrml-.- i;;"ite, lnPrr [this ] [clause, ][1n any ][nanner ][inv,lt*" ] [o"- urEorr"F ] es [,any] person to wager,or bet on'any.trf ffgh't, gamer or exerclse;"
]
sha-l-J- be t_1?b19 to ? flh-e not elceiectrinr fllk rr:pees, or ['to]
###### lmprir"Tent for erm not ux"euai*g [-br" ]mbnth.
oth er
rike garne ,_u' [nelartr for ] [conductin,g ] [gaqre ][of to ] [or]
Wh oeve r-
###### . [' (a) ]conducts or asslsts 1n conductlng the.game of to or Erny 'other game or pretended game of. a li,re nLtr-,_ re as manrrger or stake holejer; or
-: , . [: ., ... ] f./!.,, ,,
,.,.i..'-.f:i [::,ijil.;lil ], [, ][',,. ] [- ]['.r.; ][f:r. ][r'.{:r','.,: ] (U
) lq, aqCOf ding tO ,the r ul es of the game pr e-
..ir.r.,,,.t.',.,n'..'*,r,i,)/,rr4,.,\r,.r,r.rrrr..,,.ir.,/-),u, -,..'',1.'l ', ' , ['te'nderl ]ganre, entiir"a-t; recelve the surplus proceeds 1 or
a,Ry part c,f thg surplus proc,3ec]s I or the stake after dedui-,
###### eting thq ,""'unt puyunfu to bhe succ essful player or play- ers; or
c 'b ng or collectlng o o-t-e^s-J}e- stakes -{1a.mor otherwls e pr pretended e I game b), so1.i-
###### to s ha.ll- s1x be rnonthsr-or. 1 iab-l-e .t o wlth flne, or wlth impris onment f br a' both.t ernl .whlc h may extend
t-1 Rower [to ] [arrest; ][wlthgut ]warrant anci to seiz e I
###### ins trudfnent s cr f garning- (a) Any pol le p of J'1e er may. arr es t wlfl:rqut warr ant any person whcv ln any street or throroughfare or pl ac e t o whlc h the p'ubllc hav e aec es i and wlth{n the vlew of such pollce offlcer-
(a ) sollclts , or ['cc,l-lects ]stakes for. the garne of
###### to_9r any other game or pretended game of a l1ire nature; or
(tr ) Plays Io. monev or other valqable thlng wlth,
###### any lnstrunent of gaming; or
(c ) se'bs blrcls or anlmals to [-flght; ] or
-----
4
t s uch Pub-
###### alds [ancl ][abets]
(a) belng [the][re ][Present ] ['] r
aninals [I ] [o]
f-blrds [ol]
1 lc [ftg] [hting ] [o] t
###### of f,enc [e ],P [unishabtre ][under ][cl ][aus ][e]
(e ) C([om'llt ]d) [of ][s ][s'ec][ao] tlon 5-
###### other [thln ][g]
(z ) AnY ovls [lnstru'nent][lons][ of][ section]:jofg amlnncl q [g][ or ]may [in ] [s ][be][anI][uc]h seLzstr[ed'ln ]eet , [tho-][a]
###### wlllc[h ] [uhcl][er ][the ][Pr] ay [be ][se Lz] ed [1r ][fou] of those who [ale ] [arre-]
b ettin g bf f-Ie [o ]; [Irl]
Lac [e][ or ][on tr:l] [e ][pers ][ons]
###### f ar e [orp] rough
s ted [und.e][r ] [sub-][ s ][ec ][tlon][ (t][ ).] ollc e off-lcer
###### (t ) If [the]
B. Power [to ] [ent] [er ],J[and ][au] us.e , ['etc ]['] f class
ft1 g.L s trat e [of ] [the] Chle f
###### tdlso enter [trJ-pt ][and][mag][ search any ]ist,rate 'magl str ' a[or ]te [.s ][anI]ste[usp][ c.L][ EC]a]'[ted ]1yhe [ho]emtr[thorlze ][Dil][o1ller]strlctee by[P] SuPer'tti lnt or [end ][on][ent]
or C [o'rrmls]any SI[otheq].l [oner](tnc].ud[ lnt] hls [es ][A'][b] ehal S.P) [f ][on ], ['or][c][ t]redlblefter'lnforsucht-mationino ulrY as [he]
of Pol[lce] ent [g]rounds r' [a] to he1'1'e VEUhat [enY][ place]do
anI [othe] [rS][ ufflci] has T,ea.s [on][nda]he "nay elt,h [er ][him] [s ][e1f]
maY [thltik ] [neces's&ry,]ommon [g]ariring -house,r by [vJa"rr] abt, ar-ithor [ise ] [anY]
###### ts US edasqc slsb ant [sub - ][i-nspe ][c-]
of [the'] fo1Iowl[ng ][ac][ tSl 'OI ][1. ]
aI.Iv bf' of f-l eer. ,t: .t not [b] [elow][ the ][ran][k of ] [as]
p o].ice
###### po1ic # e date [ther ][e-] from [th]
' [tor ] [o] [f] ins [.even ][daYs] arI" [b][y ][nlght]
(a) er,lt"er; [wttlt] n may [be ][f ][qun][dn]5[ ECCSS]uch [Place ] [i]
as'sistat'teg
of'l w J-th .s,ucS 6y"'force [r ]-a[r][ h][ bc ][es][ sary, ][i ][anY] he [f ][inds] or bY daf [aflo] per s ons [whom] or no'b i
into [ctls][ tody all] y gaming
ft ) [taxe] ttto then'ac [tua11] thef [eln ] [lrheth] er th9I.are tsofg aming +,LJ o a1I have[rxoneYs][b ][een]
(c) f s elz va1[e ]Ser[a-11 - ]re[lngtru:n][as ][ohab][ en][Ly]the s ulspeFurpo [c'bed]seo [f ] [garTiing] , [whic-r]
and [art][ l.cl ][es ][o] ed [to] be [use] d fqr lritend
used [or] r are [fou][ira ][the][ ein; ] [art] [d] lace, [rthich][ he ] [shal'L]
tfrat [any ][lns ][-] (o) s earc [n][ AII] so [th]e [pers ][ons]
hatr umentv8 [s'o][ qnt ]sofgae uhom[er ][e] [d ]uiing he [r ] [llhen][has][ar][ he ]e t concea': [haS][en] rurnent [ Ieaso]ated thto' [t][c][s][ntobe][ ustodY ]he of I [ein][gam][i] and ing ancl [a1][fo][s] [LeLze]und [u][pon ]and [such]
o f [theos] cif aI1l.nst
###### sessloP take Pos '
se [ar ][ch-'] Ar.} searc[hes ][un]der [sUb] s of ection s":b- sectlon[(t ][) ][sh] [all ](:) [be]
###### (il
with [th]e Pfov [I ][s ][lorls] he code '
nn ac1 [e ][.in ] [acc][ ordance ] [-] f sect [loh ][10][3 ][of t]
1O2 [and ][o] _l-
###### of s ectlon enL [ered ][,unde][r ] [sub ][s ][ectiol]
p1 aQ Bis
###### (3) hihen [anY] Bha11 [,] wLth [otrt' ][un]tha[due ]t [delaY]sub [s][ ect-]
. after(1.) .bysthe[ubml ]aP [ol.ic ]c [t ]omPl9[a][ 'repor][e][ of][tt] [fil-b ]on tof[dr ][od] [r ][.][ he]the such IstfaPfoceed[P]foceete [wh]inBdlngohaundes s [td]iur{,g etheis tohdlr ctlon [ave ]with[been][to]tne (ts
lon 1/arrI [ant ]c [o8n][r][ !f ][tzaTrc][alY ]e [r] ofto anY a [mag][of] f d [ence]lto , duch uhlc[tm.']h [app]maE[ ears]lstr ate t he ler [s ][ori]
t' ake and t ake [or ] [s ][erl]
c [o$!Il][ltt ] [ec1]
###### ar [re][ st ][ed][ an+ ][the ][4][rticle'se][ La] [ed.] 5/-
C on!intie [d-]
-----
###### S'tffi,ii
r, ' i'l\.-,.-. tr /
###### \ -: 5 [:-] , Provlded,that !h" pollce ofYlcer may release the persons so arreBtecl on bal-1 .oi on thelr own
c ondltl oned to appear before ru"t, ;;;1;trate : ,.i"J"ognizances
###### the po11ce Provlded offlcer shall lu51r,"r., sub'rft that u-."po"i.gfl if n,o perqo-n hls is arrelt"o,proceecllngs t o a magl-';trate wtio lssued -t tirb ,a"r.nt, lf ,;t.
I t [r^T1." ][diq?;r"f"ililr:;":t:%".tfl"'ffi:;xr3;t3l;:,;lilffi:;;] ?i [voJ_lc! ][r or ][any ][pollee ][offlcer ] [not ].belor+ the'rarrt of Offi-
c er ln cha rge . of a bol lc e statlon oup"rf betng Oufy- - empowered
###### by o ; w&r'rant lssuecl by elther df suer: oificE", ^Ly [by ][day] :l - 11ght, [enter ][and ][s-earch ][with ][s,uch ] [as ][s1;tur" ] may be l:.*s:af{; any pl_ace whlch ts reasonatrLf ,belleveO " a! to 6e useA-. as ['a ]b e'b tlng of f- tc e and s e1z e.. &try $[ppbfis , 'c oupoEs , , egis_ .,"Ifi_qo?Lf [of ][other ][documents ][rouhe ]m6"em and'used, oi altended to be us,ed or reasonably suspgot-ed to.the be used as a reoord or evldence o,r; anyjt*hgtei,;.e*t"fiei up"rr-'i"y" A"iIIrrt game or exerclse.
, Q ) Al]- s ear ch es under -s ur' sec tlon [(t ]) shall be
ma cle 1n o"c rrordanc e wlth the provasi.onb of. srqb sectlon (:) of
s ectlon 1O;2 and of sectlon f bS oi tne C ode
###### (: ) No warrant ,lrqued under sub_.seotlon (r ) sha- 11 be execrrted. after the explry of fronr the date
t
###### .thgreof [. ] "bv"n.c1ays
l^Jhen any prace is entereci uncler sub sectlon
###### offlcer other than the ar s trlct Su perint encl- he shall lmnedlately aft er the complet ion of , [submlt ]a repr31f, ,thereof to the dlstrlct
lll a tstrate or i ft he warrant'das lssued by the Distrlct Sup-
c€ r o a o cer.
###### 1O' Presumpt,lon,respectlng instrunents of gamlng f ouncl in places entered.- lr/hen any inptrungnt of ga,:nlp[ ls found in any pl.ace entered unrier,the provislons of thl; Regu_ Latlon -or: about the persons of .any of these who are found thd$3 ['thereln, ] 1t sha1l be prosurb.a untlr [- ]th;'-"oort"r"y [- ] 1s pr9v99, . bhat sueh place 1s used as a comnon gaming-hoLis e and that the persons founcl thereln were there prclbnt 'for the purp.ose of ganrtng, afthough n'o play wa,q actualiy s.een by th; laglstrate [or poIlee offle ][er ]r [. ][or by ][any ][one ]alcllng' 1n ttle E entry.
11, Teniler of parden to accomp].'lce.-(t) ft dhi.lll
b e ]awful-'fcrthe maglstrate, Fibefore whost any person is acCu-
s ed of' an offence under sectton 3 or-sectlon Lr- or section 5
o n section '5, wlth a vlew to c,btilnlng on the trlal the evici-
e nce of t.he person touchlrs aly unl-awful garnlng,or touching
a nythlng done wlth refereince tb, or 1n fuFtnelSnce of, any
unlawful gamingr or touchtng any act done for lhe purpose
oI [preve_ntlng, ][olslructlng or ] [clelaflng ][the entryr.into ] [any]
place of an)r magisbrate oi pol1ce brrlcer authoiised to
-----
6
###### 2,TheprovlsionsofSections3lT,339and any Person [to ] [whom ][a ][par-] 339A [of the ][Code ][tn*fi""ppfy-I" ]
don has [been ][tendered unAbr.!;O ]""ttlon [(f ][) ] [as ][they ][apply] to any [pe;so.r-to ][whoil ][u'pttOon ] [bas been tenciered ][under] those Provlslons ' 12. [Magistrale. ] TaI [orcler ][dgttructlon of' ]- [cards']
etc " r apd [forfletuiu";f-t.ti;iu'- ] ' [eLz"a ]under "" [tlre ]thls [collvtctlon][Regula-] of any [person ][for ] [an ][offen(:e;;;'itted ] ,.y [order ][any ]lnstrunents tion, thu'"o.rrictirre [;;;i;1,"ri" ] of gamtng, [s ]?\rga [t3 ] [b;.,aestroyei-hna qo ][may ][also ] [order]
any [oth""'u"[rEre ,utiea- t,, ] [be" ][so:-a ][and ][converted ] [lnto ] [mo-] ney, ancl the [proc**i=-iir"r(]of"wf[f' all ] [. ][rnoneys ][selzed ][kq]
hrexssldxamdxxe*rextgdx*nts:rx**lr, [!ir-"u1n to be ][f ][orf ][eltecl ][tt>] the Governnrent I [o" ][ifr^frffi^;iir[rt,tion ] [_may ][or ][der ][anv ][of ][s ][uch] articles [ancl ][the ][whole ][or ilny-p."t of ] [tlu"J' ] [moneys ][to ] [be] returned [to the ][person ][app,:ari[[- ] [to ] [hav"e ][been ][severally ] [th--]
L"*unto [entltled ] '
fines [inpos ][ed ][under]
1
###### 3. [Recovery ] [of ] [f ][ines ]["- ] [*i^tl] manner [provided ][iti] thls Regutatio" may be [r""overerl ] [ln ] [the] the Code.
magisr,?t. [lLrd::ii":d: ] [Iffi:.'qI'xll?Elf ]"tioloHS;';"3: [;]
any [porrron ][of ][aRy ][ii#*ilui"i" ] [r"n""- ][ti,iE ][Regulation ] [to ][b ][e] paidtoanxpgrsonglhohas"o.'t.iuutuairianiwaytothe
c onvlction,
###### 15. Poi+er' to i [enand][ security ][for ] [g] [ooci ][behatriorlr]
Whenever [a ] [dj-s] [trlct ] [nag][ 1st ][rate ][or ][anY][ magistra] [te c[ the ] [fi-'-]
rst class [spec] [1a1ly ] [emp][ owerred ] [in this behalf ][bY][ th.: ] [Chi-e ][I]
C onrmj-s [sloner,][ receives][ inllornatlon ][th][at anI ][Per][ s ][on ]['l ][i.1;} ][iri]
###### the local [linl][ ts of hl] [s ] ['l ][trrisdietlon][ earns his liveJ.ihood,] ho or ln art by unl erwf ul [g] [aning ][or][ AAV ][Pror{oting]'fre may ono u a
o r asslting n the Promo tt:e [in{'or',-r-]
###### deal wtth [s ][uch ][P] [ers ][on ][as][ nearlY][ as ] [IIIaY b]
at ion [recelved ] [ab] [out ][him ][were ][c] [f the ] [des][ cri ptiorr ] ['oentioned] in sec tlon [110 ][of][ the ][C ][odr: ][and][ for the ][P] [urpose ][of ] [any ][Pro-]
c e edlng [under ][tha] [t ] [sectlon ][the][ fact tnat ][a ][P] [ers ][on ][earns]
###### hls f I lvelhood [&][s ][af'sr"esald ] [m] [ay ][be ][Provecl ][bY][ cvlrlence ][of]
g eneral repute [or][ otherwis ] [e ][.]
RA.IENIIIA [FRASAD,]
###### Presiilent '
a
###### K.V. SUNDffiN,
India.
Secretary [to the ] [GovcrnPent ][of]
Var ad4n
###### f-7-rza
-----
|
11-Jul-1966 | 1 | The andaman and nicobar islands regulation of traffic and preservation in order in public places regulation 1966 | https://www.indiacode.nic.in/bitstream/123456789/18995/1/n_a%26n_i_regulation_of_traffic_and_preservation_of_order_in_public_places_regulation_1966.pdf | Andaman and Nicobar Islands | ###### ~ ~o W\'o 221 REGISTERED No, Our
# 911~d ~,IJlqil
##### C£he <Sozette of ~rtdto
###### EXTRAORDINARY
~~l
PART IT-Section 1
###### ~~~ PUBLISHED BY AUTHORITY ====--
~o 22] iff ~~), l!!iflfT\, ~if 8, 1966/~~ 18, 1888 (~~)
No. u] NBW Om-HI, WEDNESDAY, JUNE 8, x966/JYAISTHA J'8, 1888 (Saka)
:----c==""' _'; -.=.
###### t~ lfT'T i flt~ '{'S5 ~~tlT it iffi'~ ~ m~ flfi ~ ~ ~1I'i~ ri .q- ~ ~ ~ ri I
Separate partna I, ,iven to thll Part In order that it may be aled
at • separate compilation.
MINISTRY OF LAW
(Legielatlve Department)
###### New Delhi} the ~th June. 1M~/ Jyaistha 1e, IBM ("aka~ THE ANDAMAN AND NICOBAR ISLANDS (REGULATION OF TRAFFIC AND PRESERV A- TION OF ORDER IN PUBLIC PLACES) REGULATION,1966
No. ] OF I966
Promulgated by the President in the Seventeenth Year of the Republic of India.
A Regulation to provide for the regulation of traffic and the preservation of order in public places and for matters connected therewith in the Union territory of the Andaman and Nicobar Islands.
In exercise of the powers conferred by clause (1) of article 240
of the Constitution, the President is pleased to promulgate the
following Regulation made by him:-
1. (1) This Regulation may be called the Andarnan and Nicobar Shor t tltl",
###### Islands (Regulation of Trafflc and, Preservation of Order in Public extent Places) Regulation 1006. and com .•
, rnence-
m~nt
###### gIS)
%al G of 1 Ex~1.
-----
THE GAZEITE OF INDIA EXTRAORDINARY" **[PAft** **_II_**
(2) It extends to the whole of the Union territory of the Andarnan
and Nicobar Islands.
(3) It shall come into force in the Port Blair municinal area
at ones and in any other area on such date as the Chief Commissioner
may, by notification in the Official Gazette, specify in respect 01 ttaat
area.
Det\n1-
2. In this Regulation, unless the context otherwise requires,-
tioru.
_(a)_ "cattle" includes elephants, camels, horses, asses, mules,
sheep goats and swine;
(b) "Chief Commissioner" means the Chief Commissioner of
the Andsman and Nicobar Islands;
(c) "Official Gazette" means the Andaman and Nlcobar
Gazette;
(d) "place" means any area whether open or enclosed and
includes a building, a tent, a booth or other erection, whether
permanent or temporary;
_(e)_ "place of public amusement" means' arty place where
music, singing, dancing, or any diversion or game, or the means
of carrying on the same, is provided and to which the public
are admitted either on payment of money or with the intention
that money may be collected from those admitted and includes
###### a race course, circus, theatre, music hall, billiard room, bagatelle
room, gymnasium, fencing school, swimming pool or dancing
hall ;
(f) "place of public entertainment" means any place W
which the public are admitted, and where any kind or food or
drink is supplied for consumption on the premises by any person
owning, or having an interest in, or managing, such place and
includes a refreshment room, eating-house, coffee-house, liquor-
house, boarding-house, lodging-house, hotel, tavern, or wine, beer,
spirit, arrack, toddy, ganja, bhang or opium shop or a shop where
any kind of food or drink is supplied to the public for consumption
in or near such shop;
_(g)_ "public place') includes the precincts 0:1: every public
building or monument, and all places accessible to the public 'for
drawing water, washing or bathing or for the purpose of re-
creation;
-----
T1tE CAZm1':E: OF INDIA li:XTRAORDINARY
_(h)_ "street" includes any highway, bridge, way over a causa.
way, viaduct, arch or any road. lane. footway, square, court,
alley or passage accessible to the public, whether a thoroughfare
or not;
_(i)_ "vehicle" means any carriage, cart, van, dray, truck,
###### hand cart or other conveyance of any description and Includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an
aeroplane.
###### 3. (1) The District Magistrate may make rules,- PoWetta·
make
_(a)_ with a view to preventing danger, obstruction Or 1ncon- ruI.e. - .
veriience to the public, for regulating traffic of all kinds in streets ~~~
and public places, and the use of streets and public places by preultlf- f
va ea e
persons- .rderm
pubUc
_(i)_ riding, driving, cycling or walking; or place,
etc.
_(ii)_ leading or accompanying cattle;
(b) for regulating the conditions under which vehicles may
remain standing in streets and public places, and the use of
streets as halting places for vehicles or cattle;
(c) for prescribing the number and position of lights to be
used on vehicles in streets and the hours between which such
lights shall be used;
_(d)._ for licensing, controlling or, in order to prevent the
obstruction, inconvenience, annoyance, risk, danger or injury that
may be caused to the residents Or passengers in the vicinity,
prohibiting the playing of music, the beating of drums, tom-toms
or other instruments, the blowing or sounding of horns or other
noisy instruments and the use of 50W1d amplifiers in or near
streets or public places;
_(e)_ for regulating the conduct, behaviour or action of persons
constituting assemblies and processions on or along the streets
and prescribing in the case of processions, the routes by which,
the order in which and the times at which, the same may pass :
(f) (i) for licensing or otherwise controlling places of public
amusement or entertatnment :
(ii) for prohibiting the keeping of places of public amusement
or entertainment or asaembly, in order to prevent obstruction.
inconvenlenee, annoyance, risk, danger or injury to the resident.
###### or passengers in the vicinity;
-----
'I'H£ GAZE'ITE OF INDIA EXTRAORDINARY [PA:RT u
###### (iii) for regulating the means of entrance and exit at places
of. pubUc amusement or entertainment or assembly, and providing
###### [or the maintenance of public safety and the prevention of. dis-
turbance thereat ;
_(g)_ for prescribing the procedure for making an application
###### fM the grant of a licence or permission required under this Regu-
lation ·and .ths levy of fees therefor:
Provided that nothing in this section and no licence granted
###### under any rule made thereunder shall in any way affect the provisions .( of ot the Explosives Act, 1884, or of the Arms Act, 1959, or of any rules ~SS;i
made under them, or the liability of any person thereunder: 19159.
###### Provided further that any action taken under the rules made under
this section or the grant of a Iiccnce made under such rules shall be
###### subject to the control and supervision of the ChJef Commissioner:
Provided also that the power to make rules under this sub-
section except under clauses _(a)_ and _(b)_ thereof shall be subject to
###### the previous sanction of the Chief Commissioner.
(2) The power to make rules under this section shall be subject
to the condition of the rules being made after previous publication,
and every rule made under this section shall be published in the
Official Gazette and in the locality affected thereby by affixing copies
###### jhereof in conspicuous places pear to the bull ding, structure, work or
place as the' case may be, to which the same specially relates, or by
'proclaiming the same by the beating of drum or by advertising the
saIfle in such local newspapers in English, or in the local language,
###### as the District Magistrate may deem fit or b" any two or more ot
tness .or anv other means he may think suitable:
###### Provided that any such rules may be made without previous
.publication, if the District Magistrate is satisfied that circumstances
###### exist which render it necessary that such rules should be brought
into force at once.
(3) Notwithstanding anything hereinbefore contained In this
section or which may be contained in Bny rules made thereunder. it
shall always be lawful for the competent authority under the said
###### rules to refuse a licence for, or to prohibit the keeping of any place
of public amusemenr or ~ntertajnment \:Iy a, pers9n of notoriously bad
###### char..acter.
-----
###### --- SEC. 1] ---~-_-THE GAZETTo=-...E := OF .=INDIA =====~_====EXTRAORDlNARY 219 -
(4) It shall be the duty of all persons concerned to conform to
any rule duly made as aforesaid so long as the same shall be in
operation.
4. Whoever- Penalty
###### for con-
_(a)_ coritr averie-, any wle made under section 3 Or any of the ~~en.lng
conditions of a licence issu '2J under such rule, or under sec-
###### tion ~.
_(b)_ abets such contravention,
shall, on conviction, _be_ punish~d-
(i) in the case of cont r nve r.tion or abetment of contravention
of any rule made under clauso _(c)_ of sub-section (1) of section 3,
with imprisonment for a .errn which may extend to eight days,
or with fine which may extend to fifty rupees, or with both;
(ii) in the case of conn avenIon or abetment of contravention
of any rule made under clt use _(d)_ or clause _(e)_ of sub-section (1)
of section 3, with fine whit h rna { extend to two hundred rupees;
_(iii)_ in the case of contravention or abetment of contraven-
tion of any rule made under clause _(a)_ of sub-section (1) of
section 3, if, and in so far as. such rule prohibits the sale or
exposure for sale of any goods on any street Or portion thereof
SI) as to cause obstruction to traffic or inconvenience to the
public-
_(a)_ for the first offence, with imprisonment for a term
which may extend to one month, or with fine which may
extend to two hundred rupees, or with both, and
(b) for a subsequent offence, with imprisonment for a
term which may extend to six months and with fine which
###### may extend to five hundred rupees; and
_(iv)_ in the case _of_ contravention 01' abetment of contraven-
tion of any rule made under any other clause of sub-section (1) of
###### section 3, with fine which may extend to fifty rupees.
5. Notwithstanding anything contained in the Code of Criminal Offences
Procedure. 181)8, an offence urider this Regulation shall be. cognizable, to be COi·
5 of 189B,
bailable and triable by a magistrate of the second class. ~f~~r~
and tri-
able by
second
cl.ss
magls,
trate.
231 G on Ex.-2
-----
.220 THE GAZETTE. OF INDIA EXTRAORDINARY [PART lI-S!:c. 1)
- _. - - -==-=~==========
Prosecu- G. Nothing in this Regulation shall be construed to prevent any
tion of
offences person from being prosecuted and punished under any other law
under
for any act made punishable by this Regulation or from bemg pro-
other
laws not sL'Cutea and punished under this Regulation for any act made punish-
affected.
able under any other law, provided that all such cases shall be
£'1 bject to the provisions of section 403 of the Code of Criminal 5 of 1898.
###### Procedure, 1898.
Protection
7. No suit, prosecution or other legal proceeding shall lie against
of action
taken in the Chief Commissioner or any officer or authority of the Union
f,ood faith.
territory of the Andaman and Nicobar Islands for anything which IS in
good faith done or intended to be done in pursuance of this Regulation
Or anv rule made thereunder.
S. RADHAKRISHNAN,
###### President.
S. P. SEN-VARMA,
_Secy._ to the _Gavt._ flJ _Indil[_ _._
. _------ - ----- -- ---------_.---_._----
PIUNTEll IN INDIA BY THE GE:\ERAL MANAGER, GO\'ER."lMENT OF INDI/\ PRESS,
MINTO ROAD. NEW DELHI J\ND PUBLISHED l1y TIlE MA~/\CER OF PURLICAtIONS,
lltr,LHI. IPtiti.
-----
|
30-Dec-1964 | 5 | The andaman and nicobar islands home guards regulation 1964 | https://www.indiacode.nic.in/bitstream/123456789/18985/1/andaman_and_nicobar_islands_home_gaurds_regulation_1964.pdf | Andaman and Nicobar Islands | ~ "
_ THE ANDAMAN AND NICOBAR ISLANDS , .
~ ... HOME GUARDS REGULATION, 1964
-; lot -,
###### No. 5 OF 19,64
Pimnulgated by the President in the Fifteenth Year of the
Republic of India. A R.egUlation to provide a volunteer organisation for use
-,..,in emergencies and for other purposes in the Union
. territory of Andaman and Nicobar Islands.
###### In e1!ueise of the powers conferred by clause (1) of article 240
of the Constitutio», the President is pleased to promulgate the
fo1lowi1lg Regulat1bn made by him :-
###### l_._(J) TlW! Regulation may be called the Andaman;rod Nicobar
##### = ~ .",--:- ..
1~ Home Guards Regulation, 1964. - '. ~ .. "
```
- ~t. •
```
~2) It exteads to the whole of the Union territory of Andaman ~ .
. - md ~ieobax lsW:tds.
###### ;t1 '{3> It shall come into force in such areas on such date as the
lChief ~ Commissioner may, by notification in the Official Gazette,
{aPPoint and different dates may be appointed for mfIerent areas._
###### . .
- 2. In this Regu1a:&n, unless the context otherwise requires,- DefinW:008.
_(a.)_ I'Chlef Commissioner" means the Chief Commissioner of
.Andamaa and Nieobar Islands;
(h) "Islands" means the Andaman and Nieobar Islands;
###### (c) "Offieta! Gazette" means the Andaman and Nicobar
.--
###### Gaootte;
(d) "prescribed" means prescribed by rules made under this
###### Regulation.
s. (1) ~:.. ~.9!'2!PiS8~0E-~f~~onsti~t~ for ~£h of th~~,)'
areas notified under sub-section (3) of section 1, a volunteer body ~ 804,
called the Home Guud'S, the members of whim shall exercise such ~meo.t
powers and perform such duties in relation to the protection of dan~- "
###### ~n8, the security -of properly and the public safety as may be =~:" _g;a.ed -tc tfte.m in aecordance with the provisions of·1his Regti]ation _.
attd'the rules made thereunder. - .
###### .•..
-----
~UJ. **C(1\..l.J.** **_\.1'L_** **Lo.,l.l.\:;** **..•.** **.L_** **.•. .I..I.** **•••..•••...•** ~u..£. ...,_~ _
(3) The Chief Comnassioaer shall also appoint a ~a.JIldant
,Df the Home Guards .in wfwm ,slmll vest .1he ~eral s'tl.peivi,sion and
_•. i_ _. .control_ of the Home Guards in the Islands.
###### ~t 4. (1) Subject to the approval of the Commandant, the lI\rea
mbers. Commandant may appoint as members oi the H0.IDe Gua!t' 'lfOO' saM! - **-**
'", -- .
area such number of perseas, who are fit and willing to serve, as _
~ay from time to time be determined by the Chief Commissioner .i2!t
respect of each. stteh area and may appoint any such m.emfrer to any
oftice of eommand in the Home Guards.
(2) N otwithstanding anything contained in sub-section (1), the
###### Commandant may appoint any such member to.any -pQst under his
immediate --_-.......,..., eoatr. ol,
/ U (3) Every member of the Home Guards shall recerve a certifica.te
wbieh shall be in &U.eh for~ aad shall be issued by iJU(lh .alltJ~(u·ity
as may be presCribed. '. . ~
###### -'~ (4) Every member of the Home Guards ahall i~eeive .such
11 training during such hours and for such period as ~1~.P)."es~~ lj including training in- . -... .
«(1) palice duties like eontrol o.f tra6ic and ore-was; - .
_(b)_ rescue operations, first-aid and ftre figbti.Qg;
###### "t( V (c) map reading, fieldcraft, wireless oper~tioo a.wluse of fire-
arms.
"
I
###### !
:riod of ./ 5. (1) A member of the Home eluards shall be required to serve , f
rvit.e and the Govemm6llt fer such period as may be 1>l'es6i:bed but any such _-Y- .•.._
~ t
wember may be discharged from .the Home G~ :a1 allY' time by
such authority on such grounds and subject to such cOll:dktLOllfS as ;~
###### may be - prescribed: .
Provided that it shall not be necessary for "Such' .ty to n
disclose the grounds if such authority considers .that su~ disclosure ~
wm be against the public interest, .. I-
###### l)_:f
(2) An order of discharge UD.rl.er. "Snb~seclirl:mi . V,) shlill:1b~ :mal.
.,
.• ~ Area C~:gdant may, by.~uer, at·WlY .timeltZaij,·Qut- ~ ;..
###### ~~~ mknber el the Home Guards fen; traoong or fur ..exenei . ·the . t
uarda. powers and discharging the duties, whe~e.r within or .aut:sid.e
-----
. . l _J.l),_ .A member of the Home Guards, when called out by an ~~
###### ~~:Wl~ s.ectio:o. 6, •.. all have the same powers, privileges jaad ~ ~ec-
~ ~.~e.c1i.oJJ. .~ aa ~ of :police appointed under any law for the.~ tko.e being in fol'~e.. Guar~
.. _.; ~~ Ne ~~ Shall be instituted ag-ainst the member of
###### the: H"Ome Gumds in . respect of anything done or purported to be J done bY'him in the exereise of his powers or thte discharge of bfs
dnhres. as· sach. member except with the previous sanctton of the
C.o.rtI.Bl.'al.ld:.allt.
###### .,
»: 8.' A member of the Home Guards, when called out by an order ~trol ~Y -.
/" under se~tion 6, in aid of the police force, shall be uruiel' $e 0OOtTol poliC;ell~ .
. oJ. .th.e officers of police force in such manner and to such extent as \ .
###### may be" '·l'es6:fhed.
"" ~
_9t_ '{1} oF! sh:1tB be the duty of every employer by whom a person Reinstate- - .•... .
"~e:ui"'b>y an oroer' under sectren 6 is employed to grant him ~ilt ~~ploy I I
~ .
###### eh t~ <1,9 m:ay: be' necessary and to reinstate him in his employ",:' ::;~r~
meDt'en- tae-:Jte:mti:nation of the period during which he has been so under see-
~ -out. in aD occlifJativ.n and 1lnder conditions not less favourabM.non 6.
###### t~.rum than t.hose- 'Which would have been applicable to him had he
not been 00 called out:
###### Provided that' if the employer refuses to reinstate such person or'~S"':trts 'tiabItity to reinstate such person or if fo-r any reason th'e" ·re.i:!tlstatement" of such person is represented by the employer to be tm:pra~tieabl'e, either party may reter the matter to the prescribed
::rt:Ithe and that authority shall, after considering m matters
###### ifflc?II:a:y be put hefore it and after making such further inquiry
:L:xto thwatter as may be prescribedl..pass an order-
__....;_ _(0)_ ~pUng the empl<>yer from the provisions _dt_ this
###### ~D;, OJ'
(b) requiring him to re-employ such person on sueh terms as
that autJromy think'S suitable, or
_(c)_ requiring him to pay to sueh person by wa.y of compen-
sation for failure or inability to re-employ, a sum not exceeding
an amount equal to six months' remuneration at the rate at which f I ,
###### his Iastrermmeration was payable' to him by the- employer.
-
~.,,/ --""" . :."f ..
-----
**_\&.1/_** **LAo** **_Q.J..J.J_** **t::.1LL'pJ..V:J** **_\:"L_** **_..._~_** **\,o'V** **••.• v~** ..••.•. t""i'".J , •.•.••. ,.. ..•..•.•..•. ...._ •....•.... - -- _-- __ ~. __ . __
_(b)_ or clause _(c)_ of the proviso to sub-section (1), he shall-be ptU.lls.h~
able with fine which may extend to one thousand rupees, and the
###### . .
court by which the employer is convicted under this section shall
order him (if he has not already been so required by the' said
###### authority) to pay to the person whom he has failed to re-employ a
sum equal to six months' remuneration at the rate at which his last OJ
remuneration was payable to him by the employer, and any amoun1. **........ .- "-..... ,**
###### - .. -
so required to be paid either by the said authority or by the court
shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a ~efence fop
###### the employer to prove that the person formerly empl~ did not
apply to the employer for reinstatement within a pertod of two
months from the termination of the period during whieh hewas ealled
out by an order under section 6.
(4) The duty imposed by sub-section (1) upon the employer to
grant leave to such person as is referred to in that sub-section or fo
###### reinstate him in his employment shall attach to the employer who,
before such person is actually called out by an order under section. ~,
terminates his employment in such circumstances as to indicate- an
intention to evade the duty. imposed by that sub-section, and sueb.
Intention shall be presumed 1ll'l±U the contrary is proved if the t~
nation takes place after the issue of an order relating to that pers:®n
###### under section 6.
**10.** When any person called out by an order under section 6 has
certain
###### any' rights under any provident fund or superannuation fund or other
ghts of
rrsons cal- scheme for the benefit of employees maintained in connection wit_h
i out
ider the employment he relinquishes, he shall continue during t!te period
etion 6. for which he has been so called out and if he is reinstate~ount:it such
reinstatement under the provisions of this Regulation, 'to have in
respect of such ~or scheme such tights as _w;x;._ be p-re$b-ihe!.
Iyand . **11.** (1) -Every member of the Home Guards shall, during the
QWIllCU
period of training-or service in the Home Guards, receive from the
. Government such allowances as may be prescribed .
###### . -
(2) W,pere any such member was in any employment imme-
diately before he is called out for training or service by an order under
section 6, the employer shall be liable to pay to him the pay and
allowances as if such member had not been so called out. '
(3) - If any employer refuses or fails to pay any such member the
###### pay and allowances as provided in sUb-sefion (2), such pay and
". :--. - ~
-----
0Iii:'
'1.2. (1)' Every person who for any reason ceases to be a member Sf~:~~er
. 0 ~'uucate,
of the Home Guards shall forthwith deliver to the Area Commandant arms, etc.
###### ot tG such person and at such place as the Area Commandant may
.~t his certificate o! appointment," arms, accoutrements, -clothing
###### and other.articles supplied to him as a member of the Horne Guards.
(;3) The Area Ccmmandant or such other person receiving under
###### sub-section (1) any certificate of appointment, arms, accoutrements,
clothing and other articles, shall give a. receipt for the same to the
###### person delivering such certificate, .arms, accoutrements, clothing and
other articles.
(3) AAy magistrate, and for special reasons which shall be record-
###### ed in writing at the time, any police officer not below the rank of an
Assistant ~uperintendent of Police, may issue a warT~t to searc~ fur . and seize, wherever they may be found, any certificate, arms,
:..
###### / accoutrements, clothing or other articles not so delivered up. Every
warrant so issued shall be executed in accordance with the provisions
1898. of the Code of Crimizal Procedure, 1898. by a police officer QI' if the
###### magistrate or the police officer issuing the warrant so directs,·by any
other person .•.
#### .: (4) Nothing in thi.s. section shall be deemed to apply to any
###### article which under the orders of the Commandant has become the property of the person to whom the same was furnished.
13. (1) The Area Commandant may; by order in writing, suspend Suspension
' cr remove from the Home Guarda any member of the 'Home Guards or removal, _
###### under his control,-
/
_._ _~~_ _~I~(a)_ who on being called out bY. an order under section 6,
\" ~thout reasonable cause neglects or refuses-
~
###### .,
_(i)_ to obey such order, or
_(ii)_ to exercise the powers and discharge the duties as a
###### member of the Home Guards, or
_(iii)_ to obey any lawful order or direction given to him -.
###### a member of the Home Guards; Of, .
(b) who is guilt! of any breach of discipline Or of any
misconduct.
--- _ •.
-----
~Lo ~. ~~Cl"'T""'IIi:O "'L<L~ ~ - •• -- - ..•. ---- ..••••• J **_--_** **---J.---** **..•.**
mem))e:r-'of the Home Gu~ appoiAted to a post under his ·:ilnll't~dIi*e
###### control and may also dismiss any member ef the Hom-e- Gum-ds on
the ground of conduct which has led to his conviction on a. criminal
charge.
###### (2) N"O 1)l'oer ~!iier sub-seetion (1) shall be passed unless the
lIt :bel' of the Home GuaJ!'\ds affee.ted by sUC1h ()rder is giVeLt an
'QpJlQftuniiy to be' hsard in his aefence:
Pr~ded that this sub-seetion shall net apply where a member
of the 'Home Gttal"cl.s is d'i:smissed on the ground of eon dud- whieh
###### has ·le!.l to 1ris {!onvietion on a criminal cha~e.
/ (3) The suspension or removal of a member of the .Home Guards
./ nude! this sectio~ shall be in ad~ition to any penalty to w?ich s~ch
member may be liable under section 14 or any other law for the time
being in force .
.
s. H. (I) If any member of the Home Guards, on being cal:'l'e-d out
by an order under section 6, without reasonable cause neglects or
'refuses-
###### ,\. /- :: : :~;C:':h::~:~S and discharge the duties as a ;,
.\ ~ member of the Heme Guanis, or \ ,
_(c)_ to obey any lawful order or direction given to him as a .;
member of the Home Guards,
###### . ali, 00. amviction.' be pu.nishabl-e- with simple ·lmprisonmelll.t for fi
a tarm whieh may e:x:te.nd to wee months, or with fine whiea may
extend to two hundred and fifty rupees, or with both.
(4! If -any member af the Home 'Guards wilfully neglects or
refuses to deliver up his certificate of appointment or ~y other
article in accordance with the provisions of sub-section (1) of
/
section 12, he shall, on conviction, be punishable with imprisonment
wbicb.--mc(y extend to ene IDo.nth, or with fine which may extend to
one hundred rupees, or with both .
_..J_ {3) lie p:ro-ceeding shall be lnstituted under sub-section (1) or
sub-section (2) without the previous Sanction of the Commandant.
###### I _ C~) A ~cre ·oamcal' may arrest without warrant any person who J commits an offence punishable under this section.
_<
----.... **_ ..•. -** **-**
-----
. ~ revision. !
- of the A!n€a Commandant may appeal a~st such order to the I
~ I
Commandant and any member aggrieved by an order of the Com- \
###### mandaar, (aot he~ an order passed in appeal) may appeal against •
such order to the Chi€f Cemrnission within dililrly days of the elate
###### on which he was served with notice of sach order. The Commaadant
/ .1
or the Chief Commissioner, as the case may' be, may pass such order
as.he tlMnk:dit.aonUnning. modifying or amg,Hi;n~ lhe order appealed :J
against.
,
_<;_ (2) The Chief Commissioner may of hi own motion or on r
I
applkati:on call for and examine the record, of any order passed- by I'
###### ./ , the A:r,ea Commandant or a Commandant and revise, after such ~
inquiry as he may deem necessary, any such order: I
###### Provided that no. order prejudicial to a .person shall be passed
under this. sub-section without giving him a reasonable opportunity " i
of befng heard : I
" ;
###### Provi~ fUllther that the. Chief Comanssicaer &hall 'Rot issue .l any order under this sub-section in any- case- ."
"
_(a)_ where an appeal against the order lies and the time ~f
within whic.h. such appeal can be made has not expired or the. ?!
person has not waived his right to appeal; ~ ':
':'II
.!
###### (b) where the order is the subject of an appeal;
_(c)_ where the application is made by an aggrieved person
for such revision, unless the application is made within ninety ,
days from the date on which 1:tte order was served on the l·
###### applicant.
)..6'.: .(1-). The Chief Commissioner may make ruJes to carry out Power to
###### an' ~ ~-'y::81 '&e :p\lnpos.es of this Regulation. - make rules.
,(4) In ~ 'cular and. without prejudice to the generality of the
###### / foregoing po er, such rules may provide for or regulate the following r-
'matters, narrte-J,:-
###### t
(d) all matters expressly required or allowed by this r '" ~
Regulation to be prescribed; . ; '. .
_(b)_ the organisation, qualifications, appointment, discipline.
t.-J
###### training, arms, accoutrements, clothing, conditio-ns of service, I l powers and duties of the Home Guards; 1
_,·t p__
(c) the exercise by any officer of the Home Guards o~ the
###### powers conferred by section 6 on the Area Commandant and the t~
Commandant: . ' ...., .
###### .. -
# i
###### "'- 1
.. 'I
..
###### ••
-'
-----
. ('o~~~ ~~em.ber~-~f-;he H~;'G~~ds acting in aid of the police'. - ~ .. ~ ~ ..
###### /" force; :. ~... . .•.•. .\:~
~ . (e) the eonstitution of the authority for the purpose of
: ;' section 9 and. the manner in which such authority may conduct "-
any inquiry u.nder "this Regulation.
J)) All rules made under this Regulation shall be pub&hed ill .
the Official Gazette. - . -
.. &.-, .. <,.,:! •••• ~.-~-'l :'1:
17. Members of the Home Guards. acting under this Regulati<>n .. -": **, •..** _, ,
###### shill be deemed to be public servanta.grithjn the meaning of secticn ,il. "",:.~. '0;
to
of the Indian Penal Code. 45 of 1860.
lc
###### ...
18. Notwithstanding anything to the contrary contained in any
###### •.... other law for the time being in force, a member of the Home d~~
shan not- be disqualified for being chosen and for being a mmnber
of any local ci\1thority merely by reason of the fact that he is R
member of theHome Guards.
###### • S. RADHAKRISHNAN,
President.
R. C. S. SAitk:AR,
###### S~wy. to the ~. ~f '[ndia..
_ ..... ,
,
, . . . .
~ , ~ ~
~ 1(. g, WhaW=:i U. sf La •• (f04:>=I5~i'60+ . ~
,
###### . '
. .
~. ~-- - -~.
-----
|
26-Mar-2016 | 17 | The real estate (regulation and development) act, 2016 | https://www.indiacode.nic.in/bitstream/123456789/19012/1/reraact.pdf | Andaman and Nicobar Islands | "## jftLVªh lañ Mhñ,yñ—(,u)04@0007@2003—16\n\n\n**REGISTERED NO. DL—(N)04/0007/2003—16**(...TRUNCATED) |
26-Aug-2009 | 35 | The right of children to free and compulsory education act, 2009 | https://www.indiacode.nic.in/bitstream/123456789/19014/1/the_right_of_children_to_free_and_compulsory_education_act_2009.pdf | Andaman and Nicobar Islands | "# THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009\n\n__________________\n\n# ARRAN(...TRUNCATED) |
23-Mar-1974 | 6 | The Water (Prevention and Control of Pollution) Act, 1974 | https://www.indiacode.nic.in/bitstream/123456789/19018/1/water_act_1974.pdf | Andaman and Nicobar Islands | "# THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 \n _______\n\n ARRANGEME(...TRUNCATED) |
7-Feb-1917 | 1 | The inland vessels act, 1917 | https://www.indiacode.nic.in/bitstream/123456789/19019/1/inland_vessel_act_1917.pdf | Andaman and Nicobar Islands | "SECTIONS\n\n1. Short title and extent.\n\n2. Definitions.\n\n\n# THE INLAND VESSELS ACT, 1917\n\n(M(...TRUNCATED) |
27-Jun-1988 | 1 | The andaman and nicobar islands khadi and village industries board regulation 1988 | https://www.indiacode.nic.in/bitstream/123456789/18987/1/andaman_and_nicobar_islands_khadi_and_village_industries_board_regulation_1988.pdf | Andaman and Nicobar Islands | "###### \"\n\n,\n\n,- mantra am raffle\": [newer]\n\n###### NICOBAR GAZETTE\n\n##### ANDAMAN [AND]\n(...TRUNCATED) |
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