The Andaman and Nicobar Islands (Tribal Council) Regulation, 2009

TfrrZr Tio & ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 0 9 REGISTERED NO; DL-(N)04/000912003-09 mm EXTRAORDINARY m*m PUBLISHED BY AUTHORITY No. 561 NEW DELHI, THURSDAY, DECEMBER 31,2009 1 PAUSA 10,1931 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JGSTICE. (LegisIative Departmentj hTew Delhi, the 3 I st Decembei; 2009/Pausa 10,193 1 (Saka) THE ANDAMAN AND NICOBAR ISLANDS (TRIBAL COUNCI1,S) REGULATION, 2009 No. 1 or: 2009 .A P1-01?1ulgated by the President in rhe Sixtieth Year of the Repzlbllc 0fT17clia. :J 3 A Regulrtion to estilblisll Tcibal ~ o u n k i l s in the ~ i z o b a r llistriit of th i Union tciriiury . B ofAndaman and Nicobar Islands to provide greater autonomy for the Nicobari Scheduled "i I . Tribes in managing their-affairs and for matters connected therewith. X CHAPTER 1 PRELIMINARY Short title, 1. (1) This ReguIation may be called the Andaman and Nicobar Islands (Tribal Councils) extent and Regulation, 2009. commencement. (2) It extends to the District ofNicobar (excludingthe Shompen settlement areas) and Nicobari settlement areas in the Union territory ofAndaman and Nicobar Islands except the areas to which the Andaman and Nicobar Islands (Panchayats) Regulation, 1994 extends. 1 of I 994 (3) It shall come into force at once. Definitions 2. In this Regulation, unless the context otherwise requires:- ( a ) "Administrator" means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President of India under article 239 of the Constitution; (b) "Assistant Commissioner" means the Assistant Ccm~nissioner posted in the respective Sub-Divisions under Andaman and Nicobar Islands Administration and shall include the Sub-Divisional Magistrate, the Additional District Magistrate and the Project Officer, Integrated Tribal Development Project of Nicobar District; (c) "Building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any'other structure, whether of masonary, bricks, wood, metal, or any other material but does not include any temporary structure erected on ceremonial or festival occasions or a tent; (6) "ChiefCaptriinV means the Chiefcaptain of an Island Council elected under sub-section (2) of section 53; (e) "Vice-Chief Captain" means ihe Vice-Chief Captain of an Island Council elected under sub-section (1) of section 58; @ "Deputy Commissioner" means the Deputy Commissioner of the Nicobar District; (g) ';'District" for this Regulation lneans the District of Nicobar (excluding the Shompen settlement areas) including Nicobari settlement areas in the Union territory of Andaman and Nicobar Islands; (h) "District Judge" means the District Judge of the Andaman and Nicobar Islands; (I) "Election om mission" means the Election Commission of the Union territory referred to in section 94; (j) "Election Commissioner" means the Election Commissioner of the Union territory referred to in section 94; (k) "First Captain7' lneans First Captain of a Village Council elected under sub- section (I) of section 11; (I) "Island" means such local area in the Union territory of Andarnan and Nicobar Islands as the Administlator may, by notification in the Official Gazette. declare to be an Island: ( i n ) "Island Council" lneans the Island Cou~lcil constituted for an Island under (n) "Land" lneans a portion of the earth's surface. whether or not under water (o ) "~ff ic ia l Gazette" means the Andainan and Nicobar Islands Gazette; . @) "population" means the population as ascertained at the last preceding census for which the relevant figures have been published; (q) ''prescribed" means prescribed by rules made under this Regulation: (1.) <'public street" means a pathway, road, sl~eel , square, court, alley, can track. footpath or riding path over which the public have a right of way, whether thorough- fare or not, and includes- ( i ) the roadway over any public bridge or causeway; (ii) the foot-way over any public bridge or causeway; and (iii) the drains attachcd to any such strect, road, public bridge or causeway and thc lnnd which lies on either side of the roadway up to the boundaries of the adjacent property; '(,F) "Second Captain" means Second Captain of a Village Council elected under sub-section (1) of section 15: (t) "Secretary Tribal Welfare" means Secretary and includes Special Secretary in Andaman and Nicobar Islands Administration, Incharge, Tribal Welfare; (u ) "Schedule" means a Schedule annexed to this Regulation; (v) "section" ineans section of this Regulation; (w) "tax" means a tax, cess, rate or other impost Ie~iable under this Regulation; (x) "Union territory" means the Union territory ofAndaman and Nicobar Islands; @) "village" means a village in the District specified by the Administrator by public notification to be a village for the purpose of this Regulation and includes a group of villages so specified; (4 "Village Council" means a Village Council constituted under sectiorr I 1. 3. TheAdministrator shall, by notification in the Official Gazette, constitute a Village Consl i r l~t ion General Body to be known by such name as may be specified in the said notification for Vi''sge General Body. each village 01. a group of villages notified under clause (y) of section 2. 4. A Vi I lage General Body shall consist of Nicobari Tribals registered in the electoral Comclosrt~on roll relating to that village or group of villages comprised within the area of a Village Council: Of vil'"se General Body Provided that a Nicobari tribal shall be disqualified from being member ofthe Village General Body if he is- (a ) not a citizen of India; (b) less than eighteen years of age; (c) of unsound mind and stands so declared by competent court; and (cC) not ordinarily a resident within the village for which the Village General I3ody is constituted. Exp/anation.- For the purpose of this Regulation, a person shall be deemed to be ordinarily resident in a village if he has been ordinarily residing in such village.or is in General Body. by or under this Regulation, have power to acquire, hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall. by the said name, sue or be sued: Provided that the powers and duties of the Village General Body shall, save as otherwise expressly provided in this ReguIation, be exercised, performed and discharged by the Viflage Council constituted under section 11. Alteration in 6 . (1) The Administrator may, in consultation with the Village General Body or the area of Vii'age Village General Bodies concerned, at any time by notification in the Official Gazette, - General Body. (a ) include any area in a village; or jb) exclude any area from a village; or (c) declare that any local area shall cease to be a village. (2) Where any area is so included in the village under sub-section ( I ) , such area shall, thereby, become subject to all rules, notifications and orders made under this Regulation or (3) Where under sub-section ( I ) - Incorporation 5. Every Village General Body shall be a body corporate having perpetual succession and a common seal and shall. subiectto such restrictions and conditions as may be imposed any other law for the time being in force in the area within the jurisdiction of the Village (2) Where, any person ceases to be a member of a Village General Body under section 4, he shall also cease to hold any office to which he may have been elected or appointed by 9. ( I ) Every Village General Body shall holdgeneral meetings in each financial year, ( a ) the whole of the area ofthe village ceases to be a village, the Village General Body shall cease to exist and its assets an'd liabilities shall be disposed of in such manner as may be prescribed; 1 9 (b) a part of the area of a village ceases to be a part of that village, the jurisdiction a ofthe Village General Body shall be reduced to that extent. 7. ( 1 ) Amember of aVillage General Body shall cease to be a member, if- (a) he is disqualified under section 4; Cessation of membership. (b) the area where he resides has been excluded from the jurisdiction of the Village General Body. 1 reason of his being a member thereof. Electoral 1011 8. On the constitution of Village General Body, the Assistant Commissioner shall, of me'Gbers under the superintendence, direction and control of the Election Commission, cause to be prepared an electoral roll ofNicobari tribals ordinarily residing within the jurisdiction of the Village General Body in such manner as may be prescribed: Provided that such electoral roll shall, among other things, contain names of all persons who are not disqualified under section 4 to be the members of the Village General Body on the date of its constitution and be revised at least once in a financial year in such 1 i Provided that the First Captain shall, upon a requisition in writing by not less than . . one-fifth of members, call an extraordinary general lndetirlg of file Village General Body E & within thirty days of the receipt of such requisition. (2) The First Captain or in his absence, the Second Captain or in the absence bf both, SIX. I ] THE GAZETTE OF INDIA EXTRAORDINARY 5 ( 4 ) One-fifth ofthe total number of members ofthe Village General Body shall form the quorum for a meeting. 10. ( 1 ) The Village Council shall place before the Village General Body at its meeting Transaction in April or May - of bus~ness at (a) the annual statement of accounts; rneetit~gs '(b) the report of the administration of the preceding financial year;' (c) the developlnent and other programmes of work proposed for that financial year; and (4 the previous audit notes and replies made thereto. (2) It shall be open to thevillage General Body to discuss any or all the matters placed before it under sub-section ( I ) and the Village Council shall consider the suggestions, if any, so made by [he Village Gerleral Body. ( 3 ) A Village General Body shall carry out such other functions as the Administrator may, by a general or special order, require. CHAPTER I11 VILLAGE COIJNCII, 11. ( I ) As soon as may be after the constitutio~~ of Village General Body under Cotlsiitution section 3 , every such Village General Body shall elect from amongst themselves the of Village First Captain and the members of the Village Council through direct elections. Council. ( 2 ) AVillage Council shall consist ofsuch number of seats, including the First Captain, not being less than five and more than nine, as the Deputy Commissioner may determine. ( 3 ) The ratio between the population ofthe territorial area of a Village Council and the number of seats in that Council to be filled by election shall, as far as practicable, be the same throughout the District. (4) Not less than onc-third of thc total numbcr of scats in a Village Council shall be reserved for women. ( 5 ) Not less than one-third of the total number of offices of the First Captain shall be reserved for women. (6) The number of seats to be reserved under sub-sections ( 4 ) and ( 5 ) shall be determined by the Administrator, by an Order published in the Off~cial Gazette: Provided that the offices reserved under sub-section ( 5 ) shall be allotted by the Election Cominission by rotation to different Village Councils and different constituencies in a Village Council in such manner as may be prescribed. 12. ( I ) Every member of aVillage General Rody shall, unless disqualified under proviso Persons to section 4 or any other law for the time being in force, be qualified to vote at an election to competent to the Village Council or at a meeting ofthe Village General Body. vote a ~ i d be elected. ( 2 ) Every member of a Village General Body shall, unless disqualified under proviso to section 4 or under any other law, for the time being in force, be qualified to be elected to fill up a seat in the Village Council as a member or as its First Captain or as both: Provided that where a person is elected to both the offices of a member as well as the office ot the First Captam, he shall resign e~iher of'the two ottices w~thln a period of fourteen days frotn the date of the publication of the result in the Official Gazette, failing which his seat in the Village Council shall become vacant. I 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART IT- I ~isqualifrca6ons. 13. A person shall be disqualified for being chosen as, and for being, a member of a Village Council or its First Captain if he - (a) has failed to pay any tax, fee or other sum due to the Village General Body within three months from the date on or before which such tax, fee or other sum is required to be paid; (b) holds any salaried office or office of profit under the Village General Body or Village Council; (c) has directly or indirectly any share or monetary interest in any work done by or to the Village Cpuncil or in any contract or employment with or under or by or on behalfof, the Village General Body or Village Council; (4 is a servant of the Government or of any Municipality, Panchayati Raj 1: Institution or Tribal Council; (e) has been dismissed from the service of the Government or Municipality or Panchayati Kaj Institution or Tribal Council for misconduct; I! Cf) has not attained the age of twenty-one years; (g) has been ordered to give security for good behaviour under section 109 or section 1 10 of the Code of Criminal Procedure, 1973; 2 01' 1974. t I (h) has been convicted by a criminal court of any offence involving violence or f moral turpitude and sentenced to imprisonment for not less than three months and i five years have not elapsed since his release; t (i) is without permission of the Village Council, absent from three o f its i I (j) is of an unsound mind and has been so declared by a competent court; (k ) has been declared by a competent court to be insolvent; (I) has been disqualified under any law for the time being in force by a competent court for adopting a corrupt practice or for commission of an election offence at an election during the periodof such disqualification; or (m) is subject to clause (n, so disqualified by or under any law for the time being in force for the purpose of elections to the House of the People. I I i : Decision on 14. If any question arises as to whether a person has become subject to any I i questions as disqualification referred to in section 4, section 7 or section 13, it shall be referred to the 1 i to disqualifica- tion. Deputy Commissioner who shall record his decision after giving such person a reasonable opportunity to the said person of being heard: I Provided that before recording any decision on any such question, the Deputy t Commissioner shall obtain the opinion ofthe Election Commission and shall act in accordance I with such opinion. 1 11 Election of - d 15. (1) On the constitution of a Village Council for the first time under this Regulation becond or on the expiry of the term of a Village Council or on its reconstitution: the Assistant 1 11 Captarn Commissioner shall call a meeting for the election of the Second Captain who shall be 1 elected from amongst the Elected Members of the Village Council. (2) The election shall be conducted underthe direct superintendence of the Assistant i Commissioner concerlleij. I Council who (3 ) The meeting shall be presided over by the First Captain ofthe Villag- shall not have the right to vote. ness other than.the election of the Second Captain shall be transacted at . . such rneeting. I I TI% GAZElTE OF INDIA EXTRAORDINARY SEC. 11 7 ( 5 ) In case of equality of votes, the result of the election shall be decided by draw of lots by the Assistant Commissioner in such manner as he may determine. 16. The executive powers of the Village Council, the responsibility for the fblfilment of F~rs l Captain the duties imposed on the Village Council under this Regulation and the responsibility for to escrclse carrying out the resolutions of the Village Council shali vest in the First Captain. executive powers 17. (1 ) The Village Council, unless sooner dissolved under any law for the time being Durat~on of in force, shall continue for five years from the date appointed at its first meeting and no V l l l ~ e Ccuncils longer. (2 ) Notwithstanding anything contained in sub-section ( I ) , the members of any Council . or body functioning under village tribal traditions immediately before the coming into force of this Regulation shall cease to exist from the date of election to the Village Council under section 1 1. (3) An election to constitute a Village Council shall be completed, - (a) before the expiry of its duration specified in sub-section ( I ) ; or (b) before the expiry of a period ofsix months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Village Council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Village Council for such remaining period. (I) A Village Council constituted upon the dissolution of a Village Council before the expiry of its duration shall continue only for the remainder of the period for which the dissolved Village Council would have continued under sub-section ( I ) , had it not been so dissolved. 4 18. (I) As soon as may be after the first meeting ofthe Village Council, every member Oat11 01. $ thereof, including the First Captain and the Second Captain, shall take the oath of office office i before the Assistant Commissioner in the form set out in the First Schedule. ( 2 ) No member who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any committee constituted by the Village Council. 19. (1) Any member of a Village Council may resign his office by giving notice in Reslsllatiorl writing to that effect to the First Captain and such resignation shall take effect from the date onice of its receipt by the First Captain. (2) The Second Captain may resign his office by giving notice in writing to the First Captain, but the resignation shall not take effect unless it is accepted by the Village Council. ( 3 ) The First Captain may resign his office by giving notice in writing to the Assistant Commissioner but the resignation shall not take effect until it is accepted by him. j 20. (1 ) A motion of "no confidence" against the First Captain may be moved by any M O ~ I O ~ I of no - 1 member of a V~llage Council after giving a notice thereof in such manner as may be prescribed. contidcllce agalnsl First ( 2 ) A special meeting of the Village Council shall be convened within a period of Can,atn I fifteen days from the date on which the motion has been moved to deliberate on and decide : the no confidence motion. (3) Ifthe motion of "no confidence" is carried by a majority ofthe total membership of the Village Counc~l, the Vi!!age Councll shall recommend to the Village General Body. the removal of the First Captain from his office ! ' (4) On receipt of the reco~nmendation under sub-section (3 ) , a special meeting ofthe Village Genercl Body shall be convened with a quorum of not less than one-fifih ofthe total - --- - -we * - - - -"- -- - - - - - - - - -- - - - m e m b e r s h ~ ~ of the Village General Sody and the reconimendation shall be appro;ed by the n1.ajority of members present and vo~ing. (5) Upon the approval ofthe recommendation under sub-section (4) the First Captain shall cease to hold office from the date on which the recommendation is approved. (6) Ifthe recommendation of the Village Council is not approved or there is no quorum in the special meeting ofthe Village General Body, no fresh motion of "no confidence" shall be moved against the First Captain in the Village Council within a period of one year from the date on which the recommendation fails to acquire approval ofthe Village General Body -or the date on which the recommendations could not be considered for lack of quorum. (7) Notwithstanding anything contained in this Regulation, the First Captain shall not preside over a meeting ofthe Village Council convened under sub-section ( 2 ) and of the Village General Body under sub-section (4 ) , and he shall not be entitled to vote on such motion or any other matter during such proceedings, but he shall have the right to speak or otherwise take part in the proceedings of such meetings. Motion of no 21. (1) A motion of "no confidence" may be moved by any member of the Village confldeace Council against the Second Captain after giving notice in such manner as may be prescribed. agatnst Second Captain ( 2 ) A special meeting of the Village Council shall be convened within a period of fifteen days from the date on which the motion has been moved to deliberate on and decide the."no confidence" motion. (3) If the motion is carried by a inajority of not less than two-thirds of the total rhembers ofthe Village Council, the Second Captain shall cease to hold office from the date on which the motion is carried. ( 4 ) Notwithstanding anything contained in this Regulation, the Second Captain shall not preside over a meeting in which a nlotion of no confidence is discussed against him, but he shall have the right to speak or otherwise take part in the proceedings of such meeting. Casual 22. Any casual vacancy in the seat ofthe Village Council or in the office ofthe First or vacancy the Second Captain, shall be filled for the remainder of the duration of the Village Council, by election in accordance with the provisions of this Regulation: Provided that where a seat or the office of the First Captain has been reserved for a woman, no person other than a woman shall be qualified to be elected to f i l l such vacancy. I Officers and 23. (1) There shall be a Secretary for every Village Council who shall be appointed by I employees of the Deputy Commissioner and who shall draw his salary and allowance from the Village Village Council Fund. Council (2) The Secretary shall be in charge of the office of the Village Council and shall perform the duties and exercise the powers conferred rlpon him by or under this Regulation or any rules or bye-laws made thereunder. , I (3 ) Subject to rules made by the Administrator regarding discipline and control, the / 1 Secretary shall act in all matters under the control of the First Captain, through whom he I 1 shall be responsible to the Village Council. in (4) The Village Council may appoint such other officers and employees as may be deemed necessary: ' Provided that it shall not create any post except with the pievious approval of the Administrator. (5) The terms and conditions of appointment and service of the Secretal y and other officers and employees shall be such as may be prescribed. Mecting of 24. ( 1 j. The time and place of meetings of a-3!i.1~age.C~~nc;ii..dr1d~th~~.pnced:ur.e to~.be ... -: "--vi1,ag2.." ...---.̂ .*.,.-x" .--- - ,.. . ---- fol!@wed such meetings shal! be such as may be prescribed. - . -THE GAZETTE OF INDIA EXTRAORDINARY 9 (2) A member c f a Village Council may, at any meeting, move any resolution and put questions to the First Captain or the Second Captain on matters connected with the administration ofthe Village Council in such manner as may be prescribed. (3) NO resolution of a Village Council shall be mod~iied, amended, varied or cancelled by the Village Coun~i l within a period of thrcc months fiom the date of passing thereof except by a resolution supported by two-thirds of the total number of members of the Village Council. 25. (1) Subject to such control and restrictions as may be prescribed;aVillage Council may appoint Committees for exercising such of its powers and discharging such of its duties and functions 4s it may determine. (2) A committes shall consist of not more than five members and may be dissolved or reconstituted for such reasons and in such manner as may be prescribed. 26. No act or proceeding of a Village Council shall be deemed to be invalid by reason only of the existence of any vacancy or defect in the constitution of the Village Council or of any infirmity in ,its proceedings. CHAPTER IV Po\\~ERs, DUTIES AND FUNC UONS OF 1 H E VILLAGE COUNCII,S 27. (1) Subject to the availability of Village Council Fund constituted under section 33, it shall be the duty of every Village Council to make reasonable provisions within its jurisdiction, with respect to the matters specified in the Second Schedule. (2) Subject to :he provisions of sub-section (I), the Village Council may also make provision for carrying out, within the area of the village, any other work or measure which is llkely to promote the health, safety, education, comfort, convenience or social and economic well being ofthe residents of the village. 28. (1) The Vi!lage Council may, in respect of all roads, streets, bridges, culverts and other properties placed under its direction, management and control by the Administrator under sub-section (I) orbectio~i 35, do all things ncccssary for the maintenance and repair thereof, and in particular, may- (a) widen, open, enlarge or otherwise improve any such road, brid.ge 0.r culvert and plant and preserve trees on the sides of such roads; (b) d e e p or otherwise improve any water course and other property mentioned in clause (c) of sub-section (I) of section 3-5; and (c) cut nily hedge or branch of any tree projecting on any such public road or street. (2) The Village Council shall also have control of all roads, streets, waterways, bridges and culverts which ,lre situated within its jurisdiction, not being a private properly or the property, for the tin:e being, under the control of the Government and may do all things necessary for the iwprovement, maintenance and repair thereof and in particular, may- (a) lay < ut and make new roads; and ( h ) conctruct new bridges and culverts. 29. The Acl~ni~iistrator may entrust to the Village Council the execution, maintenance or repair of any wwolk or the management of any institution on behalf of the Gsvernment or any local authority: Provided that the necessary funds for such purpose shall be placed at the disposal of the Village Council by the Government or such local authority. . 30. (1) Subject to such conditions as may be prescribed, theAdminislra101 may, with the consent of a Vill-lge Council, by i~otification in the Orficial Gazette, entrust.to the Villagc as arrears nf land rwenue. Proceedings not to be invalidated becailse of existence of vacaticy Duties ai~d iilnctions of the Village Council. Control of Village Council oil certain propcrries. Transfer of work or Villagc i.'ouncil. land revenrle --A (2) Where any functions or duties are entrusted to a Village Council under sub- section (I), the Administrator shall pay to such Village Council collection charges at such rates as he ]nay determine. Village 31. (I) Subject to the rules made under this Regulation, a Village Council may organise a Village Volunteer Forcc consisting of able bodied males residing in the village who arc Force between the ages of twenty-one and forty years and who are willing to join the force and place such force under the command of a suitable person. (2') 'l'he services of the Village Volunteer Force may be utilised for general watch and ward purpose and in case of emergency including fire, floods, out-break of epidemic or any other natural calamity. (3) No member of the Force shall be held liable for damages on account of any act done by him in the bonnjide discharge of his duties as a member of such Force. Execut~on of 32. Every contract or agreement entered into by a Village Council shall be in writing contracts and shall be signed by the First Captain, Secretary and one other member of the Village Council, and sealed with tlie common seal of the Village Council. CHAPTER V VlIIage Council 33. (1) There shall be a Village Council Fund for each Village General Body and the Fund same shall be utilised for carrying out the duties and obligations imposed upon the V~llage General Body or the Village Council under this Regulation. (2) The following shall be credited to and form part of the Village Council Fund, namely:- (a) the proceeds of any tax or fee ilnposed under section 36; (h) the contributions made by the Government or any local authority or person; (c) all sums ordered 'by any authority or court to be credited to the Village council Fund; (d) the income from securities in which the Village Council Fund has invested; (e) the share in [he collection of land revenue or other dues of the Government; all sums received by way of loans or gifts; (g) the income derived from fisheries under the management of the Villzge Council; (h ) the income from or proceeds of any property of the Village General Body; (i) the sale proceeds of all dust, dirt, dung or refuse collected by the employees of the Village Council; 0) Sl~lTls assigned to the Village Council Fund by any general or special ordcr of the Government; and ( k ) all sums received in aid of or for expenditure on any institution or service ~nainta~ned or financed from the Village Council Fund or managed by the Village Council. (3) The amount in the "~llage Cnr~nciI Fund shall be applied subjcct to the p~ovis~ons and for the purpose of this Regulation and shall be kept in such custody as may be prescribed. Grants 34. Thc Adlnin~strator may, subject to such conditions as he may deem fit, make grants to the Village Counc~I for general pdrposes or f o ~ the ~mprovement of the v~llage and____----_^__ SEC. 11 THE GAZETTE OF INDIA EXTRAORDINAKY 11 35. ( I ) The Administrator may, if he deems fit, place all or any ofthe properties, of the Properties nature specified below and situated within the jurisdiction of the Village General Body, placed llndcr under the direction, management and control ofthe Village Council, namely: -- managenlent and control of (a) open sites, waste, vacant and grazing land, not being private property and (h) public roads and streets; (c) public channels, water courses, wells, ponds, tanks (except irrigation tanks under the control of the Government) p ~ ~ b l i c springs, reservoirs, cisterns, fountains, aqueducts and any adjacent land (not being private property) appertaining to any public tanks or ponds; and lands appertaining thereto; (d) public sewers, drains, drainage works, tunnels and culverts and things appertaining thereto and other conservancy works; ( e ) sewage, rubbish and offensive matter, deposited 011 streets or collected by the Village Council from streets, latrines, urinals, sewers, cesspools and other places; and V) public lamps, lamp posts and apparatus connected therewith or appertaining thereto. (2)All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the Village Council and the Village General Body shall receive to the credit of the Village Council Fund all dues levied or imposed in respect thereof. 36. (1) Subject to the rules made under this Regulation, a Village Council may levy- Taxes w l l ~ c h may be (a) a tax on the owners or occupiers of buildings; ~mposed (h) a tax on professions, trades, callings and employment; (c) a tax on vehicles other than mechanically propelled vehicles kept within the limits ofthe village; (6) a tax on sale of cattle within the limits of the village; i (e) a theatre or show tax on entertainments and Amusements; i V) a lighting tax; i i (gj a drainage tax; i ( h ) fee for providing sanitary arrangements at such places of worship of pilgrimage, fairs and melas within its jurisdiction; f ( i ) fee for sale of goods in markets, melas, fairs and festivals; i f 0) fee for grazing of cattle in grazing land under the management of the Village ! Council; I I (k) fee for providing the watch and ward of crops in the village; 4 (r) licence fee for plying of public ferry ( 2 ) The taxes and fees referred to In sub-section (1) shall he ilnpnsed. assessed and real~sed in such manner and at such times as may be prescribed. I 37. Any person aggrieved by the assessment, levy or i~nposition of any tax or fee Appcsl agalllst , under section 36 map appeal to the Assistant Cornmissionei within thirty days ofthe date of levy lax, . I . the order imposing,such tax or fee.. 12 THE GAZETTE OF I.NDIA EXTRAORDMARY [PART 11-- Suspens~on of levy of tax or fee. Lease of collection of fees. Recovery of taxes and other dues. Accounts. Annual estiniate of expenditure. 38. The Deputy Commissioner may, by notification in the Official Gazette, suspend the levy or imposition ofany tax or fee under section 36 and may at any time, in like manner, rescind such suspension. 39. It shall be lawful for a Village Council to lease, by public auction or private contract. the collection of any fee 011 markets and bazaars, if any such fee is imposed under section 36: Provided that a lessee shall give security for the due filfilment of the conditions of the lease or contract. 40. (1) When any tax or fee or other sum due to a Village Council has become payable, the Village Council shall, with the least practicable delay, cause to be sent to the person liable for the payment thereof, a demand notice in the prescribed form for the amount due from him and require him to pay the amount within thirty days from the date of such notice. (2 ) Every notice of demand under sub-section (I) shall be served in such manner as may be prescribed. (3 ) If the sum for which a notice of demand has been served is not paid within thirty days from the date of such notice, the Village Council may apply to the Assistant Comnlissioner for its recovery in such manner as may be prescribed. 41. Every Village Council shall maintain account of its receipts and expenditure in such form as may be prescribed. 42. (1) Every Village Council shall, at such time and in such manner as may be prescribed, prepare in each year, a budget of its estimated receipts and disbursement for the following year and shall submit the budget to the Island Council having jurisdiction over the area ofthe Village Council. (2) The lsland Council may, within thirty days either approve the budget or return it to the Village Council for such modification as it may direct. (3) If any ~nodifications are made under sub-section (2) , the budget shall be resubmitted to the Island Council within fifteen days. (4) No expenditure shall be incurred unless the budget is approved by the Island Council: Providedthat if the Island Council fails to convey its approval within thirty days of submission or re-submission, the budget shall be deemed to have been approved. 43. (1) The accounts of every Village Council shall be audited annually by such authority and in such manner as may be prescri'oed. (2) It shall be the responsibility of the Assistant Commissioner to ensure that the annual Audit is carried out in such manner as may be prescribed. (3 ) The Assistant Commissioner may, after considering the report and after making such further enquiry as he may consider necessary, order for dropping any such item from the report which appears to him contrary to rules and regulations and surcharge the same on the person making or authorising the illegal payment, and shall - ( a ) if such person is a member of the Village Council, pluceed against him in the manner specitled in sub-sections (2) and (3 ) of section 48; and ( h ) if such person is not a 1riembe1,ofthe Village Council obtain the explanation of the person and direct such person to pay to the Village Council the amount surcha~ged within a specified period and ifthc amount is not paid within the specified period. the Assistant Colnmissioner shall cause it to be recovered in such manner as may be prescribed. (4) The Assistant Colnluissioner shall within one nlonth of the completion of the SEC. 11 T!AF.GAZETTE OF INDIA EXTRAORDINARY 13 (5) Any person aggrieved by an order of thc Assistant Commissioner under sub- section (4) may within thirty days nf the datr of the order prefer an appeal to the Deputy Commissioner whose decision on such appeal shall be final. 44. (I) ~ v e r ~ village Council shall submit to the Assistant Corn~nissioner a report o n A d m ~ n ~ s t r a - the administration of the Village Council during the previous financial year, within three tloll report. months of the close of the previous financial year. (2) The report shall be prepared by the First Captain and after it is approved by the Village Council, shall be forwarded to the Assistant Commissioner with a copy of the resolution ofthe Village Council thercon. Provided that where the duty is not performed within the period so fixed, the Deputy C O u l l c ' I Commissioner or Assistant Commissioner may appoint any person to perform it, and direct that the expenses for the performance of such duty shall be paid by the defaulting Village Council within such period as the Deputy Comlnissioner or Assistant Commissioner may think fit. CHAP'I'EK V1 45. The Deputy Cornmissioncr or the Assistailr Col~~r~iissiulre~ shall have power ro P o ~ e r lo call call for - for proceed- lngs. etc (i) any extract from the proceedings ofthe Village Council or any book, record, correspondence or documents in the possession of or under the contl.ol of a Village Council; and (ii) any return, plan, estimate statement, account or report for the purpose o f inspection or examination. -46. If, at any time, it appears to the Assistant Commissioner that aVillage Council has Default In madc wilful and persistent default in the performance of any duty imposed on it by this performance Regulation, he may, by order in writing, fix a period for the performance of that duty: of the duty by Villare 47. ( I ) If, in the opinion ofthe Deputy Commissioner or Assistant Commissioncr, thc Suspension of execution of any order or resolution of a Village Council or the doing of anything which is execution of about to be done or is being done by or on behalfof a Village Council is causing or is likely ~ ~ ~ ~ ~ L l ~ ~ n o t to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawhl, he may, by order in writing, suspcnd thc execution or prohibit the doing thereof. cn1111cll (2) When the Assistant Commissioner makes an order under sub-section (I) he shall forthwith send to the Village Council affected thereby a copy of the order together with a statement of the reasons for making it. ( 3 ) The Assistant Commissioner shall forthwith submit to the Deputy Com~nissioner, a report of the circumstances in which the order was made under this section and the Deputy Comniissio~ler may, aner giving notice to the Village Council and making such inquiry as he deems fit, rescind, mndify or confirm the nrder 48. ( 1 ) Evcryrnember of a Village Council shall be personally liable for the loss, waste I ,~ab~llry of or misapplication of any money or other property of the Village General Body to which he members for has been a party or which has been caused or facilitated by his misconduct or wilful neglect ~ ~ ~ ~ ; , ~ ~ ~ ~ - O r of his duty as a member, amounting to fraud. tlon Dissolution of Village Council. Disputes between Village Councils. Adlninistrator may call for proceedings. Constitution of Island Council. of Island Council Provided that no such order shall be made for bonafide or technical irregularities or mistake of a member. (3) If the amount is not so paid, the Assistant Commissioner shall cause it to be recovered in such manner as may be prescribed. (4) An order of the Assistant Commissioner shall be subject to an appeal to the Deputy Commissioner if made within thirty days of the date of the order. 49. ( 1 ) If in the opinion of the Administrator, a Village Council- (a) exceeds or abuses itspowers; or ( O ) is incompetent to perform or makes wilful and persistent default in performance of the duties imposed on it by or under this Regulation or any other law for the time being in force; or (c) fails to levy the taxes leviable under this Regulation; or (4 persistently disobeys the order of the Assistant Commissioner made under sub-section (2 ) of section 47, the Administrator may, by order published in the Official Gazette dissolve the Village Council. (2 ) No order under sub-section ( I ) shall be passed without giving to the Village cduncil a reasonable opportunity to render an explanation. (3) !fa Village Council is dissolved under sub-section (I), the following consequences shall ensue, namely:- (a) all the members of the Village Council shall from the date specified in the order, cease to be members; (b ) all powers and duties of the Village Council shall during the period of dissolution of the Village Council, be exercised. and performed by such person or persons, as may be appointed by the Administrator in this behalf. 50. If any dispute arises between two or more Village Councils, it shall be referred to the Deputy Commissioner whose decision in the matter shall be final. 51. The Administrator may cali for and examine the record ofthe proceedings of any officer or Village Council for the purpose of satisfying himself as to the legality or propriety of any order passed and may revise or modify the order as he may deem fit. CHAPTER VII ISLAND COUNCIL 52. The Administrator shall by notification in the Official Gazette, constitute for each Island, a Council to be known by such name as may be specified in the said notification. 53. ( 1 ) Every Island Council shall consist ofsuch number of seats as t?~eAdministrator may, by notification, determine. (2) The Chief Captain of each Island Council shall be elected through direct election by the registered voters of all Village General Bodies of the concerned Island Council. (3 ) A11 the First Captains of Village Council in an lsland shall elect from amongst themselves the Vice-Chief Captain of the Island Council. (I) The Island Council shall coilsist ofthe Chief Captain, Vice-Chief Captain and the First Captains of the viIlage of the concerned Island. (5) The providions of sub-sections ( 5 ) and (6) of section ! 1 shall, as far as may be, -apply4othe-fsfand-Couneil as they apply-to a V-illagi-Council subject to-ihe-rm)dificatio~k that ~ O J the ''First Captain". the term "Chief Captain'" shall be substituted SEC. I ] TIHE GAZETTE OF INDM EXTRAORDTNARY IS 54. Every Island Council shall be a body corporate having perpetual succession and Incorporation a common seal and shall, subject to such restrictions and conditions imposed by or under of Island this Regulation or under any other law for the time being in force, have power to acquire, Co""C"" hold, administer and transfer property, both movable and immovable and to enter into contract and shall, by the said name, sue or be sued. 55. Every rnember of the Village GeneraPBody constituting the Island Council shall Persons unliss disiualified under the provisions to section 4 or any other law for the time being i n qudl'fied to vote force, be qualified to vote and be elected at an election to the Island Council. .and be elected. 56. No person shall be a member of an Island Council or continue as such, if he - Disqualification. (a) has failed to pay any tax, fee or other sum due to the Village Council or Island Council within three months from the date on or before which such tax, fee or other sum is required to be paid; (6) holds any salaried office or office of profit under the Village General Body or Village Council or Island Council or District Planning Committee; (c) has directly or indirectly any share or monetary interest in any work done by 01. to the Island Council in any contract or employ~nent with or under or by or on behalf of the Island Council; (d)is a servant ofGovernment or any Municipality or Panchayati Raj Institution or Tribal Council; (e) has been dismissed from service of the Government or Municipality or Panchayati Raj Institution or Tribal Council for misconduct; Cf) has been ordered to give security for good behaviour under sections I09 and 2 of 1974 110 ofthe Code ofcriminal Procedure, 1973; ( g ) has been convicted by acriminal court for any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and a period of five years has not elapsed since his release 'after undergoing such imprisonment; (h) has not attained the age of twenty-one years; (i) is of an unsound mind and has been so declared by a competent Cocrt; (j) has been declared by a competent court to be an insolvent or has been disqualified under any law relating to elections for the time being in force by a competent court for adopting a corrupt practice or for commission of an election offence, for the period of such disqualification; or (k) is subject to clause (h), so disqualified by or under any law for the time being in force for the purposes of election to the House of the People. 57. Ifany question arises whether a person has become subject to any disqualification D e c l s ~ o ~ i OR referred to in section 4. section 7 or section 56 it shall be referred to the Deputy Commissioner, quest'oll as to d~squal~fi- for decision who shall record his decision after giving reasonable opportunity of being cation heard to the said person: Provided that before recording any decision on any such question, the Deputy Commissioner shall obtain the opinion of the Election Commission and shall act in accordance with such opinion. 58. (1) Oritlie constiturion of an Island council for the first timeunder this ~ e ~ u l a t i o n Election of i . . { I or on the expiry of the term of an Island Councjl or on its reconstitution the Deputy Vice-Chief Commissioner shall cause a meeting to be convened u.nder the Chairmanship of Assistant Capla~n . ! Commissioner for the election of the Vice-Chief Captain from amongst the members i f the - i -- - ,.-. .-.~sia~p.euncil. ... " . . : powers of Island Council Duration of Island Council Oath of Offtce from office Motlon of no confidence agatnst Chtef Captam , (2) The election shall be conducted under the direct superintendence of the Assistant Commissioner concerned. (3) The meeting shall be presided over by the Chief Captain ofthe Island Council who shall not have the right to vote. (4) No business other than-the election of the Vice-Chief Captain shall be transacted at such meeting. (5) In case of equality of votes, the result of the election shall be decided by draw of lots by the Assistant Commissioner in such manner as he may determine. 59. The executive powers ofthe Island Council, the responsibility for the fulfilment of the duties imposed on the Island Council under this Regulation and the responsibility for carrying out the resolutions ofthe Island Couvi l shall vest in the Chief Captain. 60. (1) The Island Council, unless sooner dissolved under any law for the time being in force,,shall continue in office for five years from the date appointed at its first meeting and no longer. (2) An election to constitute an Island Council shall be completed - (a) before the expiry of its duration specified in sub-section (I); (b) a period of six months from the date of its dissolution: Provided that where the remainder ofthe period for which the dissolved Island Council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Island Council. (3) An Island Council constituted upon the dissolution of an Island Council before the expiry of its duration shall continue only for the remainder of the period for which the dissolved Island Council would have continued under sub-section ( I ) had it not been so dissolved. 61. (1) As soon as may be after the first meeting of the Island Council, every member thereof shall take oath o fof ice before the Assistant Commissioner in the form set out in the First Schedule. (2) Ns member of the Island Cotincil who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall be included as a member of any committee constituted by the lsland Council. 62. The Chief Captain may resign his office by giving notice in writing to that effect to the Deputy Commissioner, but the resignation shall not take effect until it is accepted by him. 63. ( I ) A motion of no confidence against the Chief Captain may be moved by any member of an Island Council after giving fifteen days notice. (2) A special meeting of the Island Council shall be convened within a period of fifteen days from the date on which the motion has been moved, to deliberate on and decide the no confidence motion. , (3) If the motion of no confidence is carried by a majority of the total membership of the Island Council, the Island Council shall recommend to all the Village General Bodies of that Island, the remova! of the Chief Captain from his office. ( 4 ) On receipt of recommendation under sub-section (3) a special meeting of all the Village General Bodies shall be convened with a quorum of not less than one fif th of the total number of members of the Village General Bodies and the recommendations shall be approved by the two-third majority of members present and voting. - -- (5)-Upon the ap~roval of the rec.jlmmgndation unaer SUE-sstidn (@;?hexChief Captain shall ceaw to hold office from the date on which thc iccomrnendation is approved SEC. I ] (6) Ifthe recommendation ofthe Island Council is not approved or there is no quorum in the special meeting of all Village General Bodies, no fresh motion of no confidence shall be moved against the Chief Captain of the Island Council within a period of one year from the date on which the recommendation fails to acquire approval ofall Village General Bodies or the date on which recommendation could not be considered for lack of quorum. (7) Notwithstanding anything contained in this Regulation, the Chief Captain shall not preside over a meeting of the Island Council convened under sub-section (2) and of the Village General Body under sub-section (4), and he shall not be entitled to vote on such motion or any other matter during such proceedings, but he shall have a right to speak or take part in the proceedings+of such meetings. 64. (1) Amotion of no confidencc may be movcd by any mcmbcr ofthe Island Council Motion of 11" against the Vice-Chief Captain after giving fifteen days notice. conf~dence agallist the (2) A spccial mccting of thc Island Council shall be convened within a period of vice-crl~er fifteen days from the date on which the motion has been moved to deliberate on and decide Captain no confidence motion. (3) If the motion is carried by a majority of not less than two-thirds ofthe total number ofmembers ofthe Island Council, the Vice-Chief Captain shall cease to hold office from the datc on which the motion is carried. (4) Notwithstanding anything contained in this Regulation, the Vice-Chief Captain shall not preside over a meeting in which a motion of no confidence is discussed against him, and he shall not be entitled to vote on such motion or any other matter during such proceedings, but he shall have a right to speak or take part in the proceedings of such meetings. 65. Any casual vacancy in the office ofthe Chief Captain or Vice-Chief Captain shall Casual be filled for the remainder of the term by election in accordance with the provisions of this va"llc!' Regulation: Provided that, in case of a seat for the office of Chief Captain reserved for women, no person other than a woman shall be qualified to be elected to f i l l such vacancy. OO. (1) Tlie Administralal. sllall clesignalt. or aypoirit an uficer of appropriate t.~tlk Officers and the .bdzman and Nicobar Administration to be the Executive Officer for every Is!a~d elnployees of (2) The Administrator may, from time to time, post such officers and employees of Crroup "R" or Cfloup "C" or Group "D" pos~s or services of [he Ac~cla~r~a~l aiid Nicul~ar Administration to serve under the Island Council as the Administrator considers necessary. (3) Notwithstanding anything contained in this Kegulation or any other law for the time being in force, the Administrator or any officer or other authority authorised by him in this behalf, shall have the power to effect transfer ofthe officers and employees so posted from one Island Council to another or to the Andaman and Nicobar Administration. 1 (4) The Island Council may appoint such other officers and employees as may be 1 deemed necessary: $ Provided that it shall not create any post except with the prior approval of the 8 3 Administrator. 67. (1) Save as otherwise expressly povided by or under this Regulation the Executive P u ~ ~ c t i o ~ l s of Officer shall- . . . ' Exccutive . . Ofticltr and Meeting of Island Council. Proceedings not to be invalidated for existence of vacancy. Duties and functions. (c) supervise and control the execution of all works of the Island Council: (4 take necessary measures for the speedy execution of all works and developmental schemes of the Island Council; . (e) have custody of all papers and documents connected with the proceedings of the meetings of the Island Council and of its committees; draw and disburse money out of the Island Council Fund; and (g) exercise s.uch other powers and discharge such other functions as may be prescribed. (2) The Executive Officer shall attend every meeting of the Island Council and shall have the right to attend the meeting of a committee thereof and to take part in the discussion but shall not have a right to move a resolution OJ to vote and if in the opinion of the Executive Officer any proposal before the Island Council is violative of or inconsistent with the provisions ofthis Regulation, or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Island Council. 68. (1) The time and place of meeting of an Island Council and procedure for such meeting shall be such as may be prescribed. (2) Amember of an Island Council may, at any meeting, move any resolution and put questions to the Chief Captain or Vice-Chief Captain on matters connected with the administration of the Island Council in such manner as may be prescribed. (3) No resolution of an Island Council shall be modified, amended, varied or cancelled by the Island Council, within a period of three months froin the date of passing thereof, except by a reso1utio.n supported by two-thirds of the total members of the Island Council. 69. (1) Subject to such control and restrictions as may be prescribed, an Island Council may appoint committees for exercising such of its powers and discharging such of its duties and functions as it may determine. (2) ACommittee may consist of not more than five members and may be dissolved or re-constituted for such reasons and in such manner as may be prescribed. 70. No act or proceedings of an Island Council shall be deemed to be invalid by reason only of the existence of any vacancy or defect in the constitution of the Island Council or of any infirmity in itsproceedings. 71. (I) The Island Council shall have such power and authority as the Administrator may, by order published in the Official Gazette, specify so as to enable it to function as an institution of Self Government in respect of the preparation of plans for economic development and social justice in relation to matters listed in the Third Schedule. (2) The Island Council may also make provisions for carrying out within the area of its jurisdiction any olller work or measure which is likely to promotethe health, safety, education, comfort, convenience, social or economic well being ofthe persons resid~ng in its jurisdicliu~~ and may do all things necessary for the maintenance and repair thereof, and in particular may - (a) widen, open, enlarge or otherwise improve any suchroad, bridge or cu!vert and plant and preserve trees on the sides of such roads; , (b) deepell or otherwise improve any water course and other property mentioned (3 ) The Island Counc~l may also have control of all roads, streets, uaterways. bridges --.ailJ- cuherts. which at:e situ SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY -- 19 being the property for the time being under the control of Government and may do all things necessary for improvement, maintenance and repair thereof, and in particular may lay out and make new roads and streets and construct new bridges and culverts. 72. The Administrator may entrust the Island Council with the execution, maintenance Transfer o f or repair of any work or the management of any institution on behalf of the Government or any work or local authority: institurion to Island Council. Provided that the funds necessary for the execution or repair of the work or the management of the institution so entrusted to the Island Council shall be placed at the disposal of the Island Council by the Administrator or such local authority. 73. Every contract or agreement entered into by an Island Council shall be in writing Execution of and shall be signed by the Chief Captain, Executive officer and by one other member of the contract . Island Council and sealed with the common seal of the Island Council. 74. (1) There shall be an Island Council Fund for each Island Council for crediting Island Council moneys by or on behalf of the Island Council or for withdrawal of such moneys therefrom. Fund. i (2) The following shall be credited to and form part oflsland Council Fund, namely:-- i i i ( a ) the proceeds of any tax or fee imposed under section 75; (6) the contribution made by the Government or any local authority or person; (c) all sums ordered by any authority or court to -be credited to the Island Council Fund; (4 the income from securities in which the Island Council Fund is invested; ( e ) the share in the collection of land revenue or other duties ofthe Government; 5 Cf) all sums received by way of loans or gift; i (g) the income derived from fisheries under the management of the Island Council; C 1 ( I ? ) the income from or proceeds of any property of the lsland Council; (I) the sale proceeds of all dust, dirt, dung or refuse collected by the employees of the Island Council; (j) sums assigned to the Island Council Fund by any general or special order of the Administrator; f (k) all sums received in aid of or for expenditure on any institution or service I maintained or financed from the Island Council Fund or managed by the Island Council; ,I and 1 (I) grant-in-aid from the Consolidated Fund of India. (3) The amount ofthe Island Council Fund shall be applied subject to provisions and for the purposes of this Regulation and shall be kept in such custody as may be prescribed. 75. (1) The Island Council shall levy, collect, assess and appropriate the following Levy O T taxes, taxcs, dutics, tolls, cess and fees in accordance ~ i t h the procedure and u~hjact to such limit d"t'e9. etc as may be prescribed, namely:- (a ) toll on persons, vehicles,or animals ofany class at any toll bar established management; (6) toll in respect of any ferry established by it or under its management; Grants for general purposes. Transfer any work or lnstitutlon to Island Council. Lease of collection of fees, etc. Recovery, of tax and other dues -a- 7-- " (e) a fee for licence for a fair or market; u> a water rate, where arrangement for the supply ofwatet for drinking, irrigation or any other purpose is made by the Island Council within its jurisdiction; (g) a lighting rate, where arrangement for lighting on public streets and places f is made by the Island Council within its jurisdiction: 3 I Provided that the Island Council shall not undertake registration of a vehicle or levy 3 fee thereon, and shall not provide sanitary arrangements at places ofworship or pilgrimage, 3 s fairs and melas within its jurisdiction or levy fee thereon, if any such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any local authority. (2) The scale of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be prescribed. . 76. The Administrator may, subject to such conditions as he may deem fit, make grants to the Island Council for general purposes or for the improvement of areas falling under the jurisdidtion of the Island Council, and the welfare of the residents therein. 77. (1) The Administrator may, if he deems fit, place any of the properties, of the nature specified below, and situated within the'jurisdiction of the Island Council, under the direction, management and control of the Island Council, namely: - (a) open sites, waste, vacant and grazing lands not being private property and river beds; (6) public roads and streets; (c) public channels, watercourses, wells, ponds, tanks (except irrigation tanks under the control of the Government), public springs, reservoirs, cisterns, aqueducts and any adjacent land (not being private property) appertaining to any public tank or pond and lands appertaining thereto; (d) public sewers, drains, drainage works, tunnels and culverts and things appertaining thereto and other conservancy works; (el sewerage, rubbish and offensive matters deposited on streets or collected by the Island Council from streets, latrines, urinals, sewers, cesspools and other places; and u> public lamps, lamp posts and apparatus connected therewith or appertaining thereto. (2) All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the Island Council, and dues levied or imposed in respect thereof shall be credited to the Island Council. 78. It shall be lawfirl for an Island Council to lease by public auction or private contract the collection of any fee on markets and bazars, if any such fee is imposed under section 75. 79. (1) When any tax or fce or other sum due to an Island Coiincil has become payable, the Is!and Council shali, with the least practicable delay, send or cause to be sent to the person liable for the payment thereof a demand notice in the prescribed form for the amount due from him and require him to pay the amount within thirty days from the dale of such notice. (2) Every notice of demand under sub-section (1) shall beserved. in such manner as ' may be prescribed. -{$I -If sum Far which,a-net-ice cgdemand has been served is-not paid within thirty days --- - .--.. -- from ihe date of such notice the Tcland Council may apply to the Amstant Commissioner concertled for its recovery in such manner as may be presc~ibed. SEC. 11 THE GAZETTE OF INDIA EXTRAORDWARY 2 1 80. Eve??.~sland Council shall maintain accounts of its receipts and expenditure in ~ ~ ~ ~ ~ , , t ~ such manner as may be prescribed. 81. (1) Every Island Council shall at such tirrie and in such manner as may be prescribed Budgel of the prepare in each financial year a budget of its estimated receipts and disbursements for the Island Council following financial year and submit the budget to the Deputy Commissioner. (2) The Deputy Commissicner shall, within thirty days either approve the budget or return it to the Island Council for such modifications as he may direct. (3) If any modifications are made under sub-section (2), the budget shall be re- submitted to the Deputy Commissioner within fifteen days. (4) No expenditure shall be incurred unless the budget is approved or deemed to have been approved by the Deputy Commissioner: Provided that if the Deputy Commissioner fails to convey his approval within thirty days of submission or re-submission, the budget shall be deemed to have been approved. 1 (5) The Island Council may prepare in each financial year a supplementary estimate 1 providing for any modification of its budget and may submit it to the Deputy Commissioner ! for approval within such period and in such manner as may be prescribed. 82. (1) The accounts of every Island Council shall be audited annually by s ich ~ u d i ~ . authority and in such manner as may be prescribed. (2) It shall be the responsibility ofthe Deputy Commissioner to ensure that the annual Audit is carried out in such manner as inay be prescribed. (3) The Deputy Commissioner may, after considering the report and after making such hrther enquiry as he may consider necessary, order for dropping any item from the report which appears to him contrary to law and surcharge the same on the person making or authorising the illegal payment, and shall - (a) if such person is a member ofthe Island Counci!, proceed against him in the manner specified in sub-sections (2) and (3) of section 87; and (O) if such person is not a member of the Island Council, obtain the explanation of the person and direct such person to pay to the Island Council the amount surcharged within a specified period and if the amount is not paid within the specified period, the Deputy Commissioner shall cause it to be recovered in such manner as may be prescribed. (4) Any person aggrieved by an order of the Deputy Commissioner under sub-section (3) may, within thirty days of the date of the order, prefer an appeal to the Secretary, Tribal Welfare. I I 83. (1) Every Island Council shall submit annually to the Deputy Commissioner a Admilllsrra- report on the administration of the Island Council during the previous financial year within ti011 Report three months of the close of the previous financial year. (2) The report shall be prepared by the Chief Captain and after it is approved by the Island Council, shall be forwarded to the Deputy Commissioner with a copy of the resolution of tile Ialand Council thereon. 84. The Deputy Commiss~onel or Assistant Commissioner shall have power to call Power ro call ings (i) any extract fro111 the proceedings of an Island Council or any book, record, correspondence or document in possession of or under control of an Island Council; Default ni 85. If, at any time. it appears to the Deputy Commissioner that an Jsland Council has performance made wilful default in the performance of any duty imposed on it by this Regulation. he may, of duly by island Council by order in writmg, fix a per~od for the performance of its duty and if the duty is not performed within the period so fixed the Deputy Commissioner may appoint any person to perform it and direct that the expenses of the performance of the duty shall be paid by the defaulting Island Cour~cil within such period as the Deputy Commissioner may think fit. Suspension of 86. (1) If, in the opinion of the Deputy Commissioner, the eiecution of any order or of resolution of an Island Council or the doing of anything which is about to be done or is order or resolu!ion of being done by or on behalf of an Island Council is causing or is likely to cause injury or Islalld Council. annoyance to the public or to lead to breach ofthe peace 01. is unlawful, he may, by order in writing, suspend the execution or prohibit the doing thereof. (2) When the Deputy Co~nmissioner makes an order under sub-section ( I ) , he shall forthwith send to the Island Council affected thereby a copy of the order together with a statement of the' reasons for making it. (3) The Deputy Com~nissioner shall forthwith submit to the Secretary, Tribal Welfare a report of the circumstances in which the order was made under this section and the Secretary, Tribal Welfare may, after giving notice to the Island Council and making such inquiry as he deems fit, rescind, modify or confirm the order. Liability of 87. (1) Every member of an Island Council shall be personally liable. for the loss, lllcmbers for wastage or misapplication of any money or other property ofthe Island Council to which he loss, wastage has been a party or which has been caused or facilitated by his misconduct or wilful neglect or misapplica- tion. of his duty as a member amounting to fraud. (2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary, the Deputy Com~nissioner is satisfied that the loss, wastage or lnisapplication of any money or other property ofthe Island Council is a direct consequence of misconduct or wilful neglect on his part, he shall by order in writing, direct such member to pay to the Island Council before a fixed date, the amount required to reimburse it for such loss, wastage or misapplication: Provided that no such order shall be made for bona$de or technical irregularities or lnistakes of a member. (3) If the amount is not so paid, the Deputy Commissioner shall recover it in such manner. as may be prescribed, and credit it to the Island Council Fund. (4) An order of the Deputy Commissioner shall be subject to an appeal to the Secretary, Tribal Welfare if made within thirty days ofthe date ofthe order. Dissolution of 88. ( 1 ) If, in the opinion of the Administrator, an Island Council - (a) exceeds or abuses its powers; or (b) is incompetent to perform, or makes wilful and persistent default in the performance ofthe duties imposed on it by or under this Regulation or any other law for the time being in force; or (c) fails to levy the taxes leviable under this Regulation; or I * (4 persistently disobeys the order of the Deputy Commissioner made under sub-section (2) of section 86, tle may, by order published In the Official Ga~ette, dissolvc the Island Council and direct that it shall be re-constituted in the manner provided in section 60. I . . - s . (2) No order under sub-section ( 1 ) shall be passed without giving the Island Council f - . - ~ . . I - - ~ - ~ . . a reasonable opport ...... . .. "." ._ B ? -_-.-.ll," --.- $ (1) : the following cqnsequencev--.-----.-' . 9 I shall ensue, nanlely: .a SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 23 (a) all the members of the Island Council shall, from the date specified in the order, cease to be members; (b) all powers and duties of the Island Council shall, during the period of dissolution of the Island Council, be exercised and performed by such person or persons as the Administrator may appoint in this behalf; . (c) the committees ofthe Island Council shall be deemed to have been dissolved and all themembers of the coininittees shall vacate office from such date. 89. If any dispute arises between two or more Island Councils: it shall be referred to D I ~ I I L I ~ ~ S the Secretary, Tribal Welfare whose decision in the matter shall be final. between Island 90. The Administrator may call for and examine the records of the proceedings of an) Adrnrlirstrator officer or Island Council for the purpose of satisfying himself as to the legality or proprieg may c a l l for of any order passed and may revise or modify the order as he may deem fit. proceedings. CHAPTER VIII 91. The Administrator shall constitute for the District, a District Planning Committee Constltutlon of under the Chairmanship of the Deputy Commissioner with such composition as may be Dlslrlct prescribed and the Chief Captains of Island Councils shall be ex officio members of suck P ' a r l n r n g Committee. 92. The District Planning Committee shall prepareFive Year Plans and Annual Plan, i~ Preparatro~i of co-ordination with the Government Departments and other agencies in the District for thc piarls by the development of the area under its jurisdiction and the Chairperson of District Plannin~ P l a n n l l l g Committee shall forward the development plan for the District as recommended by thc ~ o ~ , l ~ l l ~ t t e e Committee, to the Secretary, Tribal Welfare. 93. The District Planning Committee shall follow such procedure as inay be prescribed Procedures to l'lanning Conirnrllee. CHAPTER IX ELECTION COMMISSION AND FINANCE COMMISSION 94. (i) The superintendence, direciio~i a:id coiiirol of thc preparetior, ~f electera! re!! - Electron for, and the conduct of, all elections to the Village Councils and Island Councils in the Unioi.. COrnllllSS1On territory of Andaman and Nicobar Islands shall be vested in the Election Commissio . appointed under section 185 of the Andainan and Nicobar islands (Panchayats! 1 of 1994 Regulation. 1994 and the Election Commissioner appointed under that section shall b: deemed to be the Election Commissioner for the purposes of this Regulation. (2) The Administrator shall, when so requested by the Election Coinmissioner mah : available to the Election Commissioner such staff as may be necessary for the discharge c f the functions conferred on the Election Commissioner under sub-section (I). . 95. The Finance Commission constituted under section 186 of the Andaman a n i Financr Of 194" Nicobar Islands (Panchayats) Regulation 19.94, shall review the fina~cial position of tbs Conlrllisioo". Village Councils and Island Councils and make recommendations to the President of Ind 1 Election petitions. Procedure for hearing of elec- tion petitions Findings of District Judge. (ii) the grant-in-aid to the Councils from the Consolidated Fund of India; (b) the measures needed to improve the financiai position of the Councils; (c) any other inatter referred to the Finance Commission by the President of India in the interest of sound finances of the Councils. CHAPTER X 96. (1) If the validity ofany election of a member of a Village Council or Island Council or the respective Captains.is called in question by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of declaration ofthe results of the election, apply to the District Judge in such form as may be prescribed for the determination of such question. (2) Every petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the petition is presented to the District Judge. 97. (1) Save as otherwise provided by this Regulation or by any rule made thereunder, the procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall, in so far 5 of I908 as it may be applicable, be followed in the hearing of election petition bythe District Judge: y i Provided that-- 1 (a) two or more persons .whose election is calIed in question may be made respondents to the same petition and their cases may be tried at the same time and any two or more election petitions may be heard together but &.far as is consistent with such joint trial or hearing, the petition shall be deemed to be a separate petition against each respondent; (b) the District Judge shall not be required to record or have recorded the evidence in full, but shall make a menlorandum of evidence sufficient in his opinion for the purpose of deciding the case; (c) the District Judge may, at any stage of the proceedings require the petitioner to give security or further security for the payment of all costs incurred or likely to be incurred by any respondent; and (4 the District Judge, for the purpose of deciding any issue shall only be bound to require the production of or to receive such evidence, oral or documentary, as he may consider necessaiy. (2) An order for the payment of costs, or an order for the realisation of a security bond for costs passed by the District Judge shall be executed in such manner as may be prescribed. 98. ( I ) If the District Judge, after making such inquiry as he thinks necessary, finds, in respect of any persor. whose election is called in question by a petition that his election was valid, the petition shall be llislnrsscd again~t such persnn with cast. . (2) If the District Judge finds that the election of any pelson was invalid, he shall either, -- (u) declare a casual vacancyto have arisen; or (b) declare another candidate to have been duly elected, whichevm course appears, in the particular circumstances of the case, to be more appropriate, and ill cillltr case tlk District Judge may award costs a1 his discretion. "; ".,"-",-,~"-"."-b- . . -- ~. (3.1 In the event of tile District Judge declaring a casual vacancy to liave arisen, h e y shall direct theElectio11 Co~~lmission to take proceedings for filling the vacancy SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 2 5 99. (1) Notwithstanding anything contained in section 98, ifthe District Judge, in the A v o ~ d a n c e of course of hearing an election petition, is of the opinion that the evidence discloses that E'e":Qn corrupt practices at the election proceedings in question, have prevailed to such an extent as to render it advisable to set aside the whole of the election proceedings, he shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party to the case, calling upon such candidate to show cause why such conditional order should not be made final. (2) Thereupon every such candidate may appear and show cause, and may recall for the purpose of putting questions to him, any witness who had appeared in the case. (3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Election Commission to take measures forholding fresh election proceedings. 100. The District Judge may declare any candidate found to have commitxed any Disqualit'ica- corrupt practice to be ineligible for being a member of Village General Body or for contesting ti011 for an election under this ~ e ~ i l a t i o n or for being appointed or retained in any office or place in ~ ~ ~ ~ ~ ~ ~ : ~ c t i c e the Government or any local authority or for being registered as a member of any Village General Body for such period not exceeding five years as the District Judge may determine. 101. (1) Notwithstanding anything contained in this Regulation, the validity of any Bar 10 law relating to delimitation of constituencies or allotment of seats to such constituencies lnt~rf-erence made or purporting to be made under this Regulation shall not be called in question in any by C""rtS 'I1 court. niatlc'rs (2) Save as otherwise provided in sections 96,97,98,99 and 100, no civil court shall have jurisdiction to question the legality or validity of any action taken or decision given by the Election Commission or the Secretary, Tribal Welfare or the Deputy Commissioner in connection with the conduct of elections under this Regulation. 102. The Deputy Commissioner or Assistant Commissioner may in the case of Village Power 10 Council and Island-Council, authorise any of his officers to enter in and inspect or cause to enter. be entered and inspected any immovable property occupied by any Village Council or Island Council or any work in progress under the direction of such Village Council or Island Council, as the case may be. 103. (1) No action shall lie against any member, officer, employee or agent of a Village Bar of action Council or an Island Council acting under the direction of such Village Council or Islaild Coo:icil, etc., Council in respect of anything d,one in good faith under this Regulation or any rule or bye- previous law made thereunder. notice before (2) No action shall be brought against any Village Council or an Island Council or a '"S!i'""v". First Captain or Second Captain or Chief Captain or Vice-Chief Captain or any of their members, officers, employees or agents for anything done or purporting to be done under this Regulation and the rules framed thereunder, until the expiry of two months next after notice in writing has been left or delivered at the office of such Village Council or Island .Council andalso at the residence of such of their members, officers,employees or agents against whomaction is intended to be brought and such notice, shall state the 'cause of action, the nature of the relief sought, the' amount of compensation, if any, claimed and the c ion. name and place of residence of the person who intends to bring the a i ' (3) Every such action shall be commerrced within six months after the accrual of the cause of action and not afterwards. 104. Every member ofthe Village Council or an Island Council and every officer and Me~llhers, etc., employees maintained by or elnployed under aVillage C o u ~ c i l or an Island Cour~cil shail be ~'C'o"ll"'S 'O oe puhlic Of 1860. deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. ser,.a!l,, 105. No member of a Village council or an Island Council or any of their officers or Menibers, etc., shall directly of ind.irectly bid for, or acquire any interest in any property sold at such sale. par! a i saie: Power and ' duties of pol~ce in rcspect of offences and asslstpllce to Councils Classificalion and preserva- records. and copies of records. difficulties. to rule. 106. Every police officer shall give immediate information to the Village Council and Island Council of an offence coming to his knowledge which has been committed against this Regulation or any rules made thereunder and shall assist all members and employees of the Village Council and Island Council in the exercise oftheir lawful authority. 107. Every Village Council and Island Council shall classify and preserve its records in the manner prescribed. 108. Every Village Council and Island Council shall, on an application made to it by any person interested, allow inspection of its records and grant certified copies thereof on payment of the prescribed fee. 109. (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in the Official Gazette make such provisions not inconsistent with the provisions of this Regulation as appear to him to be necessary or expedient for removing of that difficulty: Provided that no such order shall be made after expiry of two years from the com- mencement of this Regulation. (2) Every order made under this section shall as soon as may be after it is made, be laid before each House of Parliament. 110. (1) The Administrator may, subject to the condition of previous publication bjl notification in the Official Gazette, make rules to carry out the provisions ofthis Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner of disposal of assets and liabilities of a Village General Body under clause (a) of sub-section (3) of section 6; (6) the manner of preparation of electoral rolls of members ofvillage General Body and the particulars which it shall contain and iile iiiaiifie; in which it shall be revised under section 8; (c) the rnanner of giving notice of the meetings of the Village General Body under sub-section (3) of section 9; (4 the manner in which seats reserved for women and First Captain shall be allotted by the Election Commission by rotation to different Village Councils and different constituencies in a Village Council under proviso to section 11 ; (e) the notice required to be given for moving a no confidence motion against First Captain under sub-section ( I ) of section 20; V) the period for which notice is required to be given for moving a no confi- dence motion aga~nst the Second Captain under sub-section (I) of sectiorl 21, (g) the teriris and conditions of service of the Secretary and other officers and servants under sub-sect~on (5 ) of section 23; (h ) the time and place of meetings of Village Council and the procedure to be followed at such meetings under sub-section ( I ) of section 24; (i)'the procedure for moving resol~~tions and putting questions under sub- commi(tees ul~der sub-section (I) of sec(ion 25; SEC. 11 TI@ GAZETTE OF INDIA EXTRAORDINARY 2 7 - ( k ) the reasons for and the manner in which committees may be dissolved or under sub-section ( 2 ) of section 25; ( I ) the conditions subject to which the Administrator may entrust to the Villige council the functions and duties of collecting land revenue and other dues recover- able under sub-section ( I ) of section 30; (m) the custody in which the Village Council Fund shall be kept under sub-section (3) of section 33; (n) the manner in which the taxes and fees shall be assessed and realised under sub-section ( 2 ) of section 36; (b) the form in which the demand notice shall be sent under sub-section ( I ) of section 40; (p) the manner in which a demand notice shall be served under sub-section (2 ) of section 40; (q) the form in which account of receipts and expenditure shall be maintained under section 4 1 ; (r) the time at which and the manner in which budget shall be prepared by the Village Council under sub-section ( I ) of section 42; (s) the manner in which accounts of Village Council shall be audited under sub-section ( I ) of section 43; ( t ) the manner of recovery of amount surcharged under sub-section (4) of section 43; (u) the manner of recovery of loss caused to the Village Council under sub- section ( 3 ) of section 48; (v) the manner in which offices reserved for women shall be rotated under sub-section ( 3 ) of section 53; (w) the notice for moving a motion of no confidence against Chief Captain or Vice-Chief Captain under sub-section ( I ) of section 63; (x) such other powers and functions under clause (g) of sub-section ( I ) of section 67; (y) the time and place of meeting of Island Council and the procedure for such meeting under sub-section ( I ) of section 68; ( z ) the manner in which a member of Island Council may move resolutions and put questions to the Chief Captain or Vice-Chief Captain under sub-section ( 2 ) of section 68; ( za ) the controls and restrictions subject to which an lsland Council may appoint committees under sub-section (I) of section 69; (zh) the reasons for which commillees rnay be dissolved and the manner in which committees may be r :constituted under sub-section ( I ? ) of section 69; (zc) the custody In which Island Council Fund shall be kept under sub-section (3) of section 74; (zd) the procedure and limits subject to which taxes,.duties, tolls, cess and fees shall be levied under sub-section ( I ) of section 75; 2 8 THE GAZETTE OF NX.4 EXTRAORDINARY [PART 11- (zj) the form in which demand notice shall be sent under sub-section ( I ) of section 79; (zg) the manner in which notice of demand shall be served under sub-section (2) of section 79; (zh) the manner of recovery of tax or fee or any other sums under sub-section (3) of section 79; (z i ) the manner in which accounts of receipts and expenditure shall be main- tained under section 80; (z j ) the time and. manner in which the Island Councils shall prepare budget under sub-section (I) of section 81; (zk) the period and manner of supplementary estimates under sub-section (5) of section 8 1 ; (zl) .the manner in which accounts of Island Councils shall be audited under sub-sectioq ( I ) of section 82; (znt) the manner and recovery of the amount of surcharge under clauses (a) and (b) of sub-section (3) of section 82; I I (zn) the composition of the District Planning Committee under section 9 1 ; (zo) the procedure to be adopted by the District Planning Committee under section 93; (zp) the form for applying to the District Judge regarding validity of the election procedure under sub-section ( I ) of section 96; (zq) the manner of execution of order passed by the District Judge regarding I payment of costs under sub-section (2) of section 97; I :, , I : (zr) the manner io which records shall be classified and preserved under section (3) the fee to be paid for inspection of records and grant of certified copies I.aying of rules before Parliament. Regulation no! to have effect. under section 108. 111. Every rule made under this Regulation shall be laid, as soon as may be afier it is made, before each House of Parliament, while it is in session for a total period ofthirty 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 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 thereafter 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. 112. Wherever any of the provisions of this Regulation come in conflict with the provisions of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956, the latter shall prevail. 3 of 1956. SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 29 THE FIRST SCHEDULE (See sections 18 and 61) I .............................. having been elected as MemberlFirst CaptainISecond Council, do swear in the name of Godlsolemnly affirm that I will bear true faith and alle- giance to the Constitution of India as by law established, and that I will uphold the sover- . eignty and integrity of 1ndia and that I will faithfully discharge the duties of my office to the best of my abiliv, knowledge and judgment without fear or favour or ill-will. 3 0 T I E GAZETTE OF lNDIA EXTRAORDINARY [PART II- THE SECOND SCHEDULE [See sub-section ( I ) of section 271 MATTERS IN RESPECT OF WHICH AN VILLAGE COUNCII, WILL HAVE AUTHORITY SO AS TO ENABLE IT TO FUNCTION AS AN INSTITUTION OF SELF GOVERNMEXT 1. In the sphere of.Sanitation and Health,- (a) supply of water for domestic use and for cattle; ( 6 ) construction and cleaning of public roads, drains, ponds, tanks and wells other than tanks, and wells used for irrigation purposes and other public places; (c) sanitation, conservancy, the prevention and abatement of nuisance; (4 preservation and i~nprovement of public health, maintaining dispensaries providing public relief; (e) regulation by licensing or otherwise of tea, coffee and milk shops; provision, maintenance and Regulation of burning; d (g) ensuring systematic disposal of carcasses, provision of definite place for the disposal of unclaimed corpses and carcasses; ( h ) construction and maintenance of public latrines; % 5 ( i ) takitig of measures to prevent the outbreak, spread and recurrence of infec- tious diseases; (j) reclaiming of unhealthy localities; :i 3 (k) removal of rubbish heaps, jungle growth, the filling in of disused wells, insanitary ponds, pools, ditches, pits or hollows, the prevention of water logging in irrigated areas and other improvements of sanitary conditions; ( m ) the encouragement of human and animal vaccination; (n) the provision and maintenance of compost pits; (0) regulating the keeping of cattle and taking necessary steps against stray cattle and dogs; (p) regulating, checking and abating of offensive or dangerous trades or prac- tices; (q) watering public streets and places; ( r ) cleaning public streets, places and sewers, removing noxious vegetation and abating all public nuisances from all spaces not being private property, which are open to the enjoyment of the public, whether such places are vested in the Council or not; (s) extinguishing fires, and protecting life and property when fires occur; ( t ) removing obstructions and projections in public streets or places and in spaces not being private property. which are open to the enjoyment of the public, whether such spaces are vested in the Village Council or not; (u) securing or rernoving dangerous buildings or places; SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3 1 (+v) obtaining supply of or additional supply ofwater, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwhole- solneness of the existing supply when such supply or additional supply can be obtained at a reasonable cost; (x) paying the salary for, and the contingent expenditure on account of such police or guards as may be required by the Village Councils for the purposes of this Regulation or for the protection of any Village Council property; giving relief and establishing and maintaining relief works in times of famine or scarcity, to or for destitute persons, within the limits of the Village Council. 2. In the sphere of Public Works- (u) preventing and removing of obstructions and projections in public streets or places and in sites, not being private property, which are open to the public whether such sites are vested in the Village Council or belong to Government; (b) construction, maintenance and repair of public roads, drains, bunds and bridges provided that such roads, drains, bunds and bridges are not vested in any other public authority and if so vested, then such works shall not be undertaken without the consent of that authority; (c) maintenance and Regulation of the use of buildings handed over to the Village Council or of Government buildings under the control ofthe Village Council, grazing lands, tanks and wells (other than tanks and wells for irrigation'); (4 lighting ofthe village; ( e ) control of fairs, bazaars and car parks; (f) construction, maintenance and control of slaughter houses; (g) planting of trees in market places and other public places and their maintenance and preservation; (h) construction and maintenance of community assets; (i) management and control of bathing and washing ghats which are not managed by any authority; 0') estab!ishment and maintenance of markets; (k) construction and maintenance of houses for conservancy staff and village functionaries of the Village Council; (1) establishment, control and management of cattle pounds; (m) establishlnent and maintenance of works for the provision of employment particularly in times of scarcity; (n) extension of village sites and the Regulation of building and housing schemes; (0) construction and maintenance of buildings for warehouses, shops and such others; (p) construction and maintenance of buildings for common use and for development activities. 3. In the sphere of Primary and Nu~sery Education and Culture- (a) visits to educational institutions; ( b ) check on attendance and other registers to enquire and report to concerned . . THE GAZETTE OF PJDM EXTRAORDINARY [PART 11- - (c) submission of recommendations on the annual budget of Primary and Pre- primary Schools. (4 construction and repair work of educational institutions entrusted to the Village Council; (e) submission of reports on regularity of students, teachers attendance and school functioning, 4. In the sphere of SelfDefence and Village Defence- (a) watch and ward of the village and of crops therein and raising voluntary organisations o; organisations of any other kind, encouraging and assisting such organisations; (b) providing training facilities to the youth ofthe village for the purpose of self defence and village defence and assisting such training that may be organised by the Government; (c) preventing of fires, rendering assistance in extinguishing fires and protect- ing life and property