Andaman and Nicobar Islands Religious Buildings and Places Regulation 1989

REGISTERED No. D.(D!',}.121/83 on I EXTRAORDINARY PART II-Section 1 PCBLISHED BY AGTHORITY Sq1:1ratc J'aging i? g:, (·11 111 thi, I'urt ii: nnlt-r that it ma} be filc<I I ?o 4 !] No. 411 MINISTRY OF LAW AND JUSTICE (Legislative Dep,u-tmcnt) New Delhi, the 1eth Septembe,, 1!189'/Bhadra '27. 1911 (Saka) THE ANDAMAN AND NICOBAR ISLANDS RELIGIOUS BUILDJNGS AND PLACES REGULATION, 1989 No. 2 OF 1989 Promulgated by the President in the Fortieth Year of the Republic of lndia. A Regulation to 1 egulate the construction of public religious build­ ings and to restrict the use of public plac cs for religious pur­ poses in order to avoid a breach of the public peace and tran­ quillity likely to arise from disputes between different sections of the people of the Union territory of the Andaman and Nicobar Islands. In exercise of the powers conferred by article 240 of the Constitulion, the President is pleased to promulgate the following Regulation made by him:- !. (1) This Regulation may be called the Andaman and Nicobar Isl;:.nd.s Rc1igious Building-:; and Places Regula.ion, 1989. (2) It extends to the whole of the Union territory of the Andaman and Nicobar Islands. (3) It shall come into force on such date as the AdminisiraloJ· n.18.;-·, by notification in the Official Gazette. appoint. Short title. extent and commence. . THE GAZETTE OF l1'Dl.\ EXTRAORDINARY [PART II- Dcfini t ions. Hl'strii.:. uons on use of public places for rell· gious PUC­ pnS·'"· z. In this Regulation, unless the context otherwise requires.v- (a) "Administrator" means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; (o) "building" means a house, shop, hut, shed or other structure or enclosure, whether roofed or not, of whatsoever material, con­ structed and includes every part thereof, all walls, verandahs, plat­ forms, plinths, door steps and the like and a tent or other portable and merely temporary shelter; (c) "Deputy Commissioner" means the Deputy Corrurussioner of a District; (d) "Official Gazette" means the Andaman and Nicobar Islands Gazette; (c) "pl ace" means any open space which is not ,t b·.1ilding; (f) "prcscribed" means presc!·ibed by rules made under this Regulation; (a) "publ ic" used with reference to a building or place. signifies that such building or [.Iace, whether or not acquired. constr ucted or maintained by or at the expense of some specified person or body of persons and which is not the private and personal property of such person or body Jnd is open to the use and enjoyment of the public in general or of a particular class or section thereof for the purpose. if any. Ior which it may have been set apart; (h) "religious" when used with reference to a building or ?)l:1ce. signif1cs that such buildmg or place is used or intended to be used for the purpose of religous worship or instruction. or offering prayer (which includes bha_jan, kirtan, stuti or nnincz) or performance of any religious rites by persons of or belonging to any religion. creed, sect or class. as a temple, mosque. church, ctiluitr), dargah, 1:hangc.h, mutt. tab!1a or the like; (i) "Sub-Divisiouul Officer" means the revenue officer in charge of a sub-divison of 3 District. ::. (I) No person shall use any public place- (a) as a permanent rel:giOL!S place: or (b) save with the previous written permission of the Sub­ Divisional Officer obtained in the prescrfbcd manner. as a temporary religious place. (2) Nothing in this section shall apply to cremation grounds and burial places or to the holding of functions or the taking out of proces­ sions 111 connection with deaths or marriages or to other purely social and s!'CU lar functions or to religious proc sions 1'EE GAZET I'E OF INDIA EXTRAORDLl\"AnY 4. No person shall, without previous written permission of the Sub­Divisional Officer obtained in the prescriber! m:,:rncr,- (a) construct any public religious building; or (b) convert any private or public building or place into a pub­lic religious building. E:i:plan(lt on.-Tile temporary use of a bu1l<.Lng or place for religious purposes on occasions such as Hol; Durqa Puja K.uli Puja, Mohatram Id and the lili•: shall not oe cieemed t; be the conv?rsionthereof into a l;ub- 3. (1) 'When an application under section. 3 or section 4 is presented to the Sub-Divisional Officer, he may, after making such inquiry as he mt1y think necessary, either disallow the application or grant the re­ quisite permission unco nd itrona Ilv or with such conditions as to securitv .or otherwise as he m 1y consider reasonable in the circumstances of each case. (2) The order of the Sub-Divisional Officer passed under sub-section ( 1) shall be communica led in writing to the applicant and if such appli­ cant does not receive such communication within one month in the case of an application under section 3 or within three months in case of an o pplicatton under section 4 from the date on which such application \V,lS recci\'L'd in the office of the Sub-Divisional Officer. such appl.cant shall be deemed 10 have obtained the permission required by section J or section i. as the case may be. G. (1) An appeal shall lie and may be brought in the prescribed man­ ner to the Deputy Commissioner from an order of the Sub-Divisional Officer made under section 5 within thirtv davs from the date on which it was communicated to the applicant. (2) Any person aggrieved by any decision of the Deputy Commis­ sioner under sub-section (1) may. within ninety days from the date of such decision, appeal to the Sccre tar-, in charge of the Revenue Department and the decision of the Secrctarv in an appeal under this section shall be final. of pub- lic reli­ .gious build- 1ngs. dure for grant of sion. .\pp -als. 7. An 01 dcr made under this R,?gulation by a Sub-Divisional Officer or on appeal by a Deputy Commissioner or the Secretary in charge of the Revenue Dcpar tmcnt shall be final and shall not be liable to be called in question in any Civil Court. 8. ( l) A permission obtained under section 3 shall expire three months a It e r •hp cl a t c- of the, order g1·:::1nting the some or the day next e f tc r the date on which the act thereby permitted was to be performed, whichever may be earlier. (2) A permission obtained under section 4: shall be valid for a period of one vea- within which the act permitted to be done should be com­ menced. 9. Whoever contravenes or attempts to contravene. or abets the con­ t ravention of. any of the provisions of this Regulation or the rules made t he rcu nde r or any condition subject to which a permission therr-under mnv hn ve been granted shall be punishable w i th imprisonment for a t orm .Iur isd ie. tion ot co urts barred. Duration of pcr-. mission. Offences ,d1d THE GAZETTE OF INDIA EX1'RA0RD1NAP"Y LPAll'!' 11- Jlcnces omccr to of unau. • horiscd work. Removal of un ted wc,rk. which may extend to three months, or with fine which may extend to five hundred rupees, or with both. lU \n offence under this Regul:J.tion shall be triable by :i Judicial .:\bg1strate of the first class on the complaint of a police officer not below ihe rank 1,.[ a Sub-Inspector made under the order of a Sub-Divisional 11. (1) Notwithstanding anything contained in, but without prejudice lo the provisions of. section 12. the Sub-Divisional Officer, on his own mo­ t iou or 0.1 complamt or otherwise. on rece.ving information that any work has Leen constructed in comra\·ention of the provisions of this Regulation or of any pen111ssion granted thereunder within his jurisdiction, shall pro­ ceed [r ) inquire into about the truth of the matter and if after inquiry, comes to tho conclusion that the work has been so constructed, he shall cause lo be notified in the locality by beat of drum and by fixing a show­ cause notice on the conspicuous part of the work so constructed and on the notice: board of his of.ice and also cause a notice lo be served on the person or persons (if ,,sccrtainab1e) responsible for the construction of the work calling for objections. if any. within a period of fifteen days as to whv such work should not be removed. (2) The Sub-Di\'isional Officer shall then hear and decide the objec­ Lions, if nny. c nd record finding on the matter. (3) If the Sub-Divisional Offlcer arrives at the finding that the work is constructed in contr avcn ion l f the provisions of this Regulation or of any permission granted thereunder. he shall. by an order in writing, direct the removal of the work so as to restore the building or place in question as nearly as mav be to its original condition. (-1) Subject to the result of any appeal that may be filed under sub­ ?;ection ( 5), where anv w o: k is not removed in compliance with the dircc! in i.sucd u ridvr sub-section (3) within the period of one month from the elate of such d ircct io n or of the decision in the appeal if any. the Sub-Divisional Officer shall C3Use such compliance lo be made through a police officer not Le low the rarik of Sub-Inspector at +hc cost I t hr- de 1;t"c1lter in the prescribed manner. (5) The provisions of section 6 shall. so for us may be. apply to an ordPr made bv the Sub-D,\·isinn;il Officer under sub-sect ion (.1) in t1w s:1n1e m:,nncr 35 they appl?· to c1n order made under section 5. 12. (1) The court making an order of conviction for clllv oftencc under section 9 shall direct that any work which has been constructed ,n contr:ivention of the pro\·isions of this Regulation or of :111y permis­ sion rrranted thereunder but has not been alreadv removed under the pro-visions of section 11. shall be removed so as to restore the building ur the place in questi0n as nearJ?- as may be to its original cun<..1ition. (2) In case of non-compliance with a direction made under sub­ section (1). the court sball cause such <:ompliance to be macle ihrou!:(.h n police officer not below the rank of Sub-Inspector nt the co-;t of the dcfoult"r in the prescribed manner. 2 of 1966. 13. No suit or other legal proceeding shall lie ,,gainst any person in respect ci anything which is in good f.:itl. done or intended to be done in pursuaucc of this Regulation. 14. The provisions of this Regulation snall be in addition to and not in derogation of provision contained in the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 or any other law for the time being in force. 15. (1) The Administrator may, by notification in the Official Gazette, make rules for carrying 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) the manner of seeking permission under sub-section (1) of section 3 and section 4; (b) the manner of filing an appeal under sub-section (1) of sec­ tion 6; ( c) the manner in which compliance under sub-section ( 4) of section 11 shall be made; (d) the manner in which compliance under sub-section (2) of section 12 shall be made; (e) any other matter which is required to be, or may be, pres­ cribed. 16. Every rule made under this Regulation shall be laid, as soon as 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 successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there­ after have effect only in such modified form or be 0£ no effect, as the case may be; so. however. that any such modification or annulment shall be without prejudice to the validity of anything previously done under thnt rule R. VENKATARAMAN, President. Sccit to the Govt. of India. i\H:-:TO POAD, NEW DELHI Protec, tion of action in good faith. sions to be in addition to cxis­ ting law. Power to make rules. Rules to be laid before Parlia., ment.