Andaman and Nicobar Islands (Municipal) Regulation 1994

.j " - .':: 'y - -_ .' 'r~" .• ';" I t » / -. ~ 'Q.,::;~:' '.- ANDAMAN AND NICQ-BAR GAZETTE arn-r'll (01 EXTRAORDINARY Published By Authority No. 162, Port Blair. Thursday. December S, 1994 ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT Port Blair. iated the 8th December. 1994. published in the Gazette i)f India, Extraordinary Part-II Section I. No. 4~ dated 23rd. May, 1994 is hereby re-produced below for the Information of General Public. (l) The Andaman and Ni(:obar Ielande(Municipal) Requlatiuon - 1994. (Abdul waseem) Assistant Secretary(La'W). MINISTRY.OF LAW. JUSTICE AND COMPANY AffAIRS (Legislative Department) New Delhi, tr.e dated 23rd May, 1994/Jyaistha THe ANDAMAN MtD NICOBAR ISLANDS (MUNICIPAl) No. 5 of 1994 Promulgated by the President in the Forty-fifth Year of the Republic of Ind~,a A Regulation to provide for the 'constitution of Municipal iti.36 in the Andaman And Nicobar Islands and to ,lefine and regulate their power and functions .md to repeal the Andaman and In exercise of the powers conferred by article 240 of the Constitution. the President is pleased to promulgate the following Regulation made by him:- t ~ 2. 'nm ANDAKAN AND NICOBAR 'EXTRAoJTNARY GAZEITE reo ~rt ~ .,.". ------ili-r -'----- =N~41 e 1. (1) 111is ,Regulation be called., the Regulation, 1,994. i (2) It extends to thp whole of the territory of the Andaman and N~cobar Islands . • , (3) It shan c~ into ~I ~ ce at once. Definitions. 2. In this R~lation. ess there is something repugnant in the sub ct or context- ( 1 ) "Administrator" ~~ the' Lieutena)lt Governor of the Andaman· an' i Nicobar Islands appointed by the President un. r article 239 of the constitut ion; ~ . . y' 'r .A Short title, extent and ment. (2) "building" means a ~OUBe, hut sbed or other roofed structure, for w~~tsoaver purpose, and of whatsoever material ccnetructed , and every part thereof, and includes a waill and a w~ll. but does not include a tent or.ot~r auch portable and merely temporary shalta~i end "part of building" includes any wall, ~er-qround room or passage, verandah, fixed ·iplatform. plinth staircase, or door-steps attaQhed to, or with:in the compound. of. an exist~g bui lding or constructed on ground which iSf''tO be. the site or canpound of a projected. buildi g: (3) "bye-law" means a . a-law made at' a special meeting of a municipal~ty in exercise of a power conferred by'this Regu~~tion; . Q (4) "casual vacancy"! tm,eans a vacancy occuring otherwise than by f3'[ux of time in the office of a member of the M . 'icipality or any other elective oftice dOd cae '~l election means an election he Id to fill a caStral vacancy; . . r (5) "Deouty CanmiBBioner'F. meene the Deputy CaDmissloner of the Andamon arld Nicollar Islands and . includes any other offi:cer specifically appointed by the AdIDinistrator~o Perfoim-all or any of the runct.fona of the ~puty, CaDmissioner under this Regulation in I relation to a " (6) IO'1iatrict" means ~the district, , Andaman end N tcober Islands; of l' n" ,j i' 'r' I, f i' , i :~ THE AHDAMAN AND NlCOBAR EXTRAOODINARY GAZETIE, DEC. 8, 1994 3 :y , ., (7) "District Judge" MeHle, the District Judge of the Andaman and Nicobar Islands: (8) "drain" includes a sewer. pipe, ditch .• channel or any otber device for cerr mc otf sullaqe, sewage. polluted WGter, rain water or eub-eoi 1 water t.oqether with pai I-depots. ,traps • sinks, cisterns. fhlBh •.... tan)W and other fittings appertaining th~reto; (9) "Eloction c:a.iseion" Election. Coanssion of the Union ref erred to i n ~Ject ion 32; meana the territory (lU) "Bl ect ton ec.miesioner" means the ElectlOn Commi~3Sioner of the Union territory referred to in !~ction 32; (11) "exorcatve" has the meaning given to . 4 of in clause (1) of section. 4 of the EKploeives Act. 1884 . in the Factories Act. 1948; (13) "tJfth" includee sewage, dung. dirt. swil L putrid and putertying substances and all offensive matter: (14) "Government" means the GoveI1)]Dent of Union territolY of the Andaman and Nicobar Islands: (15) ".Joint CoaBi ttee'l means a 'Joint ca..nitt~e cone'c i tuted under section 19; (16) "i'nfectious or contaqiOUB diseaee" includes cholera, leprosy enteric fever, emall pox, tuberculo9is, diphtheria, plaque, influanza and any other epidemic, endemic or infectious disease which the Administrator may, by notificaqon, declare to be an infectious or contagious djsea8e for the purposes of this Regulation; (17) , inhabitant" in relation to a municipal ~'ea means any perso~ ordinarily residinq or carring on business, or owing or occupying immovable property herein. and, in case of any disput", mean" any pereon declared by the Deputy Ccmmisllioner to be an inhabitant;, (18) "land" includee land. 'Which "is being build upon or is build upon or covered with water benefits to lTrive out of land, things attached 63 of I , THE ANDAMAN ~ NlCOBAR EXTRAORDINARY GAZBTi~. DEC. 6. 1994 to the earth, or permanently· fa.oo.cent \0 anything attached to the earth and drfvee. cr~ted by law or any street; i. (19) "layout" means a layout fpraed by. an individual or body of person~. whether incorporated or not; :. surveyor" , " 1 i cenced archi tect" .' " li cenced. engineer" and "l Ioenoed struct~a:l designer" respectively means a person. lice_eced by the Municipality as pl\.lIDl>er surveyor J.''' architect, engineer or structural designer f: under this Regulation; r . (21) "lodging house" includes)' a collection of buildings or a building or part {of a building used for the accc~ation of travellers; (24) "znajo).' road" means any ISUrfaced. that is to say metalled and motoraDle . public street not'constructed tJy or on behalf of a municipality out of the munic.ipal fund, which ~y be declared by the Administrator to he mainttiinable by the Andaman Pub 1 Ic Works Department; ; (23) "market" includes ahy place where pereons dBSeIIlble:. ror the ~le of, or for the purpose of exposing for sale, Ih;estock. food for flowers. anilWls intended for h'lman food or any other articles of human food whatsoever. with or without the consent of the oWner of such places, notwithstcmding that there may be no .ccemon r~gulation of the ccnocuree of buyers and sellers and whether or not any control ~s exercised over the business of or the persona' frequenting the market by the owner ot the pla~e. or any other person; ( 24) "member" Municipality; means fa member of f (25) "municipal eree", means any area declared under section 3 to be· a municipal area; (26) "notification" ~\nB a notification published in the Official Gamtte:. ,'. y (27) 'nuieence" includes any ect , ani88i~n, place or ·thing, which causes or is likely to cause injury, danger. ennoyence , or offence to the sense: of sight. ameU or hearing or disturbancH to rest or sleep or which is to may be dangerous to life or in j"'irious to heal th or property; ~ I f ., a 80 of . J THE AHDAMAH AND NICOBAR EXl'RAaWlNARY GAZETIE, DB::. 8, 1994 5 (28) "occupier" incluclee an owner in actual QCmwati~ of hie own land or ~1ld~nq and GnY P$T9OIl for the time .being paying or liable to pay to the owner .)t any land or building the rent qr any portion of tbe rent payable in respect thereof; and in Chapter VII includ. a hotel keeper. a lodging houee and any owner wbcee premises are let to aore than one tenant; carcasses, dung, dirt, and putrid or putrefying subBtancee other than Nwage: (30) "officer" in relation to a Municipality means a person holding an office created or continued by or under this Regulation. but does not include a member as such: (31) ")fficial Gazette" means the Andaman and Nicobar 151ands Gazette; (32) "=-wIler" includes the persoo for the tiJlle beinq holding the 1 icence. permit or grant under the fmdaman and .Nicobar Islands(Land Tenure) Regulation. 1926 in respect of any land also the person for the tiM being receiving the rent of any 1 and or building. whether on his own account or as agent or trustee for any pereoo or society or for any religious charitable purpose or who WOUld eo receive the !Jime if the land or bUllding were let to a tenant; (33) "petroreua''. meane petroleum as defined in clause (a) of section 2 of the petroleua Act, (34) "population" means the population as ascertained at the last preceding ceneus of which the relevant figures have been publiehed; bUlldlnqa and lands to any tenure whether open or enclosed. whether built upon or not and whether public or privateJ (36) "prescribed" means prescribed by rules made under tl·is Regulation; . (37) "~'rivate street" means any street road square court alley, paseage or riding path, which is not a public street but does not include a path way madE-! .by the owner ot the premises OIl hie - own land to secure access to C1r the convenient tlfJe of such premises; ii THE ANDAMAN AND NI~ EXTRAORDINAlriiGAZEITE. DOC. 8. 1994 .I' '" ( 39 ) "ul 1 '1 Ilj P u rc P ace" means ~ prece in Go" mWlicipo.l ared not being private ~~Y. which i5 open to the use or enjoyment of ;ithe, publ ic; (40) "pub) ic street" means ailY street in a ( i ) has • wi th the consent ~ express or implied.ot the ~ner of the eite ~ thereof. been levelled. paved, metalled. ,channelled. sewered or repaired out of mWlicipal or other~,publ ic funds. or ' (38) "Public .Health Public Health Officer of appointed under section 24: (ii) under t.he provisions of this Regulation DeCCQleS, or is declare<1 by the Mlflicipality to be, a public stJeet; , (41) "rateable value" means~the value of ony building or land fixed in accOrdance with the provisions of this Requlation andlthe rules for the purpose of e\SSessment to property tax; ~ (42) "rubrueh" mctudes dust:; eehea, !?roken bricks, IOOrtar, broken glaaa. gar~en or stable" refuse and refuse of any kind f which is not offensive ~ttel' or sewage; , ~ (43) "ruro" means a rule ma~e in of a power conr err-ed by this Regulation; t'· (44) "aervent " in ' reli!\tion Municipal i ty mt·1dIlB any person inc the service of the Hunicipality; I ''v exercise to a pay and (45) "soHage" means night 59i1 and other contents of li'ltrines, urinals.: casspools or 'drains and polluted water from sinKs. bathroans. stables. catt.Iesheda and other li~e places and includes trade effluents and ~achargea fram manufactories or all kinds; : i (46) "seHer"· means a cloe&.;i conduit for carring of se\lage, offensive ma.tter. polluted water. waste wal:er or sub-soi 1 wat~r; (47) "street" means any ;road, br~dge." foot-way lane. square alley or; ~age 10 a municipal area along which the public or any . portion of tho publ ic has a righ_t to pass and includes. the w~ains. gutters on e,ither aide. and the land up to the defined bou~dary of any abutting proper~YI notwithstanding the projection over such 1 and of any verandah or other superstructure; t I: r', i: ras ANDAMAN AND NIC'OBAR EXTRAORDINARY GAZlrri'E. DB::. 8, 1994 7 tion of municipal areas, dividing the land comprised and forminq part of a street from ond adjoining land; established under section 16; (50) "tax" includes rate, tee or cess levied or imposed by a Municipality under any of the provisions of this Regulation; (51) "trade effluent" means any liquid either with or without particles of matter in suspension therein 'Which is 'Wholly or in part produced in the course of any trade or indUBtry carried on at the trade premises and m relatioo to any trade premiees means any such 1 iquid as aforesaid wh ich is 80 produced in the courae of any trade Jr inquiry carried on at those premises, but does not include domestic Be'Waqe; ( 52) "trade premises" means any premises used for intended to be used for carring on any trade or indu3try: ( 53) lit rade refuse" means the refuse of any trade or industry; (54) "Jnion territory" means the Union territory of the AndaJaan and Nicobar Islands: (55) "Vehicle" includes a bicycle, tricycle and motor car and every other wheeled conveyance which is use1 or is capable of being used on a public street; and • (56) "~ater works" includes all lakes, tanks, streams, cisterns, sprinqa, pumps, wells. reservoirs, aqueducts, cuts. etuicee, mains. pipes, conduits, and all machinery, lands, buildinqs, bridges and a things for suppling or used for supplyinq water. CHAPTER 11 MUNICIPAL AREAS 3. (1) Subject to the provisions contained in .sub-eect ion (2) the Administr~tor may, by notification, declare any area within the district to be a municipal aree , and may, by like notification. extend contract or otherwise alter the limits of any municipal area, or may declare that any suc~ area shall, form a date specified 'by him, cease to be a municipal area: , . Provrded that"no such notif1Cd~ion shdl1 be WhlCh . that draft and the. 0 ~ ctiOll8:, end suqgestlona of the persons 1 ikely lEo be affected the:z:-e~. wi 11 be taken into consid~ation by the Admlnlstrator haa been previously :published and peeted at the ottice of. the Deput~ Ccmnissioner an~ one or more conspicuous plaqee wi thin' or adJecent to the area concerned; andi (i i) the c·bjections and sugge.etions of the notlticatlOn received in writing ~ithin the date 80 specified, h~ve been taken into!!conBider-ation' to be lnsufficient or invalid. ;- d (2) No notif ica.tion under s\ib-section (1) shall be issued il1 respect of - .:. (a) any place which has been ~eclared. by the Central Government 'under eectipo 3 of the· Cantonments Act, 1924 to be a Cantpnment for the purposes of tho tAct. or ,~ O>} any area not hAving! an average population 'ot five hundred inl1!iliitants to a square mile cal curat.ed in accordence with the latest otficial census: .~. Provided t hat the Administrafor may. having regard to the f,QPulation of, the al;ea, the density of the populet» on tnerem, the re"ienue generated. fot' local adJjiniatration, the tpercantage of employment in non~gricultural (lctivities, the economic importance, or such othel';. factors as he may deem fit, specify, by notifitatlon. any such municipal dre'l 0.5 an area fox: f,estahlishing a Nagar Pencheyat; or MUnicipal Counci l , as the case may. be. ~ 1, 4. ""hen. I)Y reason of a nod f ; cer.Ion under section 3 th(~ limits of a muniCipal area are extended to rnclude therein any other area, such other area, ahtlll thereby become' subject, to this Regulation anti all notification.s. rules, bye­ laws, orders. directions. issued or made there under and inforce throughoUt the municipal area, save in so far as the Administrator may otherwise. by notifi'cation direct. ,I , I ,F.ffflr:t of including other area in Municipal area. THE ANDAMAN AND NlCOBlR BXTRAORDINARY GAZETTE. DII:. 8, 1994 9 5.(1) When. by reuon of a notificatioo under section 3 the llaite ot 4 municipal area are contracted to exclude there fn:a emy area fOl1ling part thereof. if the area 80 exclud.ed -ia immediately placed under the control of so.e other local authority such portion of the Municipal Fund and property ve8tinq in the Municipality Md INch portion of the liabUtiee of the Municipality as the Administrator aay direct. shall be transtered to that otber local authori ty, or. if the area 80 excluded. is not iu:.ediately placed under the control of any other local authority such portion of the Municipal Fund and property v08ting in the Municipality shall vest in the GoverJllD8l1t. and such portion of the liabliti~ of the Municipalities shall be transfered by the Government. as the Administrator may direct. (2) When . .by reason of a notitic~tion under section 3 any municipal area eeeeee to be a municipal aroa then. if the area ccmprised therein is il:.Qllediately placed under the control of some other local" authority, the Municipal Fund and property vesting in the Municipality shall vest in. and t.he liabilities of the Municipalit.y shall be transferred to, such other local authority. or. if the area is not imediately placed under the control of another local authority. euch fund and property shall vest in the Government and the liabilities of the Municipalities shall be transferred to the Government" 6. All property vested in tho Govern.tnt under section 5. shall be applied under the ordera of the Administra~or in the t~ret place to discharging the liablitiee imposed on the Government under that section and in the second place for the promotion of the safety health, welfare or convenience of the inhabitants of the area which haS ceased. to be, or as the case may be, to be the part, of the municipal area. CHAPTER III MUNICIPAL AlITHORITIES. OFFICms AND SERVANTS • 7" The Adnnnistrator shall :by,notification in the Official Gazette. constitute for- every municipal area a Municipality. 8. Lvery Municipality constituted under section 7 ahe.I l be a body corporate having perpetual succ~,esion and a CoaIOO aeal and ahal L subject to such restrictions and conditions imposed by or vncer this Regulation or under any Effect of excluding area fran municipal area. Appli call on of property vested in Government. Constitution of MuniCipa­ lities. Municipality to be a body corporate. r ' . THE ANDAMAN AND NlCOBAR EXTRAORDINARY ~:frE. DEC. a. 1994 lO other for the ti~ .being .in force anh shall have. }X.'I'IIIer to acquire. hold; adlQinister: 'Md transfer property both movllhle and isDovo,ble land to enter into contract· and shall by the said name sue or • to be sued , t 9. (1) Save as provided in ~~tion .(2). all Beats in e Municipality ahall *' filled. by persona choeen by direct electi~ fran the ter;ri torial conet i tuencies in the municipal area and far this purpoee each ~icipal': area shall .be di vided by the Election Ccarll.ission, into territorial conat.Ltuencfee to be knOwn as 'Wards I in such manner that the ratio ~ between the population ot each ward and the n~r of seats e l Iott.ed to it nilall. eo tar as practicable. be the same through)ut the municipal area: Canpoeition of Municipa­ lities. Provided th,~t the total number of such members shall not be lese than ten; and not more than twenty five ' (2) The following peraona shoU be represented in e Municipality. naIDEdy :- (a) no..L.um_e than three p8mlS who 'ere not less thaIl25 y€:ara of age andwno-- have special knowledge or experience in municipal Administration Administrator to , f Provided t-n.at the persons ~pminated under this clause sh~ll not have the' r~ht to vote in the meetings of the Municipality:; I (b) the member ot the House of the people representing t.ne const muency "fnich canprises wholly or partly. the municipal aijea. (3) Seats f1l'Jall be reserved f<)r the Schedulod Tribes, the nUDll:>er of such seats ~~inq determined by the administrator. by order to: be publ ished in the Official Gazette and the nWlLi)8r of seats so reserved shall bear. as nearly ~ may Do. the same proport i.:m to the total num'Der of seats to be tilled by direct election in t.hat Municipality as' the population of Schedules \ Tribes in the municipal er ee bears to the totajl population of that area and. such seats shall':be allotted .by rotation to d i f ferent, wards in tJ~e Municipality. (4) Seats shall be resw';ved.,: for wanen belonging the Scheduled Tribes i:lIlongst the seats reserved for the Scheduled Trii>ef1, the number of such seats betng determined by t~e Administrator. by order to ~~ published in the ()tficial Gazette which shall not be Ieee thon o:7le-tbird 'of the total number of seats reserved tor the Schedule Tribes. ' j' i: 11fE 'ANDAMAN AND NICOBAR .EX'IRAaIDINAHY GAZBITB. 'DB:. 8, 1994 11 (5) Seat..3 shDll be reserved tor 'Wallen. the nwabe~ of such seats being deteriained by the AdminlstratOI' by order published in the Official Gazette. which shall be not lese the.n one-third of the total nUll.ber of seats and such seats ehall be allotted by rotation to different wards in such manner in this AdJDinistrator may, by order, published in the Official Gazette. direct in this behalf. Duration cipality. 10. (1) Every Municipality, unless sooner dissolved. under any law for the time being in force, shall continue for five yeare. tree the date appointed for its first meetig and no lonqer. (2) NotWithstanding any thing contained in sub-section (1) , the elected. and naninated. members of the Board functioning immediately before the coming into force of this RegUlation shall continue to be members till the expiration of the term prescribed. under section 9 or the AndtllDdll and Nicohar Islanw,(Municipal Boards) Regulation, 1957 ~ it stood. .before its repeal. j (3) An election to constitute a Municipality she 11 .be comp 1 et.ed , - (a) .before the expiry of ite duration specified in sub-section(l); (b) before the expiration of a period of six months fran the date of, its dissolution, ProviQed that where the reminder of the period for which the diesolved Municipality would have continue~, is lese than six monthe, it shall not be neceesary to hold any election 'under this sub-section fQr constituting the Municipality for such period. l4) A M,.uucipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only far the remander of the period for which the diesolved Municipality would bGve continued under sub-section(ll had it not been 90 dissolved. Hesignation 11.(1) A nember may resign hie membership, in of mem- writing. un-ier hie hand addreB6ed to the bers, Chairperson and a seat ehall becoee vacant on its acceptance by him. (2) A person ncennet.ed .by the Administrator under clause (a) of aub-eectioc (2) of section 9 may resiqn in writing under his hand addressed to the Administrator, through the Chairpersal, and he snaIl cease to represent 1n the Municipality on the acceptance of his res:lqnation by the Adminisatrator-. W I it (3) If tor a period~.o(,Bi;rty cl4~ a ~r or a, pernon n~jnatQd by tho A@inist='rator under 'without permiesjon of the . Munici~;lity . a:beent freeD all meetinqa thereof the Muniqipality MY declare hie seat vacant. ' : I t .Provaded that in cccputinq the ~~d period of sixty days no account shall he t~en of any period. durinq whic'h the Mtmicipality ~is adjourned , for more than four coaeecut.ive QQYB~! ,I Provided further·that he shall ~be eligible tor re-election. if otherwise qualitied. . , i' ( 4) If a member becceee sub ject t:o any of the disqualifications mentioned in B~ction (1) or eub-eect ion (2) of section 12, hi~~ seat shall thereupon become vacant; f Diaqua.lifi- 12. (1) A person shall be di8q1fdlified tor cation I heing choeen aEJ,and for being ,a~. member of member- MuniCipality or to be nominat$d by the ship. Administrator under clause (a) of sub-eect'ion (4:) of section 9. - j; (a) if he holds any office or Profit under the Government of India or the Government of any r:State or Union Territory in the First SChedule to the Constitution other then an offic.~ declared .by Parliament or the Leg~slature of tq4t State or that Union Territory by law, not to I disqualified its boldeers ; r . ! (b) if he is of unsound mind e,ri.d stands so declared by a ccepet.errt court: . i, (c) if he IS and discharged insolvent; (d) if he is not· a citizen of~India,or has voluntarily acqujred the citizenship of a faregin State .or is . under any ,acknowledgement of alleqiance or adherence to a foreign State; (e) if he hc~ beinq convicted ~y a criminal r (i) on otfence punishable under the Protection of Civil Hights Act.1995 unless a j::>eriOd of six years has elapsed from the' da:;,,-e of such t conviction ;' ~ Provided tM.t a dlsqualificati:t;.n under this clause shall not. in the cese of a ?arson who 00 the date of the conviction is a ~ member, take effect unti 1 three months have elap'~ fran· that date or, if wit hin that period,;an appeAl or . ij TIlE ANDAMAH AND NICOBAR EXTRAORDINARY:G1ZBTI'E, DK:. 8, 1994 13 appl i cat ion for revision is brought in respect of the convact.ico Wlti 1 t.llat appea.l or appl ico.tiCXl is disposed of by the court: (ii) any other offence and sentenced to i~riaonment far a term exceeding six months,Wllesa a period. of 008 year has elapeaed since the e~~iery of this sentence;' (f) if he has directly or indirectly any share or interest in any work done for the Municipality or in any contract or aployment. with. by. or on behalf of, the Municipality; Provide-d that no person shall be deemed .. to have a shore or interest in any such work. contract or eaployMllt by reason only of his- ( i) nev ing a share in any coapeny or firm vhi ch may contract with or be eaployed by or on bebalf of the Municipality, or (ii) hevanq a share or interest in any newspaper in which any adverti~nt releating to the affairs of the Municipality ma)f be msertea, or ( ii i) nev j ng a share or interest in any 1 eaae , sale exchange or purchase of immovable property or any agrenaent for the some, or ,/ (iv) ha\ing a share or interest in the occasiqnal sale to the Municipality to a value not exceeds ng two thousand rupees in anyone financial year.of any artical In which he trades; (g) It he has .been dismised fran the service under Government for corruption or disloyalty to the State (,r fran service any Municipality for corruption unless a period. of three years has elapsed since is dismissal ; (h) if he lS so disqualified by or under any. law made by Par 1 iament for being .cnoeen as. or for .being, a men~r of either House of Par 1 iaaent : Providec. that no person shall be disqualified on the qround that be is lese than t'W~nty-five years of etge. if he has attained the age of twenty-one years. Exp leneit.fon: - For the purposes of this sub­ section a person shall not be deemed to hold an office of pr~it under the Government of India or the Government that he. is a Minister either for the Union or for euch State or in any Union Territory 01' that he is a member of the House of the people. V., THE ANDAMAN AND NICO.BAR EX1'HAORDINARY <,iAZE'ITE. DOC. 8, 1994 (2) A Person SMU be disqw:dii'ied tor .being a member it he is ditsqUlllified tor fpe1ng a member of either House 9t Parliament 'und$):r the Tenth Schedule to the Constitution. i (3) No pereon is in the service of Gove:rnment shall be eligible tor ~ing elected as a mem.ber. (4) It a quastion arises as .to whether a member of a Mun.icipality .nea beccee subject to any disqualification mentioned in BUb-Bection (1) or suh-eection (1) of section 21' the question shall be refered tor the decision of the Administrator and his decision shall be final. (5) Before giving any decision on, any such question. the Administrator shall obtain the opinion of the Election Canmission. and shall act according to such opinion. 13. (1) Vac;mcy occurring by' reeeco , of the filling death, resignation, re&oval or vo idance of the casual election of an elected member shall be filled at vacancies. Provided that m the case ot :'1 seat reeerved for Scheduled Tri.bes, a person shall not' be so que l ir ied un lesa he is a memJ:>er ,;:)f a Scheduled Tribe: ~" '\,., Provided further that in t~~e ceee of seat reserve for W{lDaIl no person oth('!r thon a wcman shall be qua l ir i.ed to be chosen as a member. Election of Cha~r­ person. (2) In th'~ ceae of a casual ~ vacancy in the office of a nJminated person. the Administrdtor may nominate anoth~r person in his pla~e. (3) No election to fill casu~l vacancy shall be held if tne vacancy occurs :w-ithin six months before t'he expiry of the d.uration of the Municipality E!fflux ot time of ,the term' of office of the memoeru. 14. ( 1 ) 1\3 soon as may be after its constitution. every Municipal~ty shall, at. a special meet inq , e lect one of 'its member, fran amonq themselves, to be the Chairperson of the Municipolity. (2) The term ot office of a; Chairperson ahall be one year from.the date of hi~ election or the residue of the term of the Mt:.nicipality, which ever is less, , I (3) The office of the Chairperson ehall be reserved for the first year of the Municipality in favour of a member who is'a woman. (4) On the occurrance of any vacancy in the office of the Chairperson or the Vice­ Chairpereoo, the Municipality shall within one mooth of the Occurance of such vacancy elect one of its members as L'ha i rpereon or Vi ce-<llai rperson as the case may be . . ' (5) If the vacancy be a ceauat vacancy in the offi,c::e clf the Chairpereal and is reserved for a WCGan, t he vacancy shall .be filled by electing one of the members from amongst women, Election of Vice­ person, 1~ Every Municipality shall. at a special meeting, elect ooe or two of its members to be the Vice-G~airpereon or Vice-C~dirpereons and may by resolution requlate the precedence of the Term of Oft ice of person. 16. (1) The term of off ice of a Vice- Ch-":irperson shall be one year fran the date of his election as such or till he oeaees to be a member of the Municipality which ever is earlier, f (~ '.' '. . Resiqnation (2) A vrce-cne trpereon whose term of office or ramo- has expired, shall, if otherwise qualified, be val of eligible for beinq re-elected, as such. Chair- // person or ,11.(1) The Chairperson may resign his office Vice-chair by-~writinq under his hand addressed to the person, ,.' Administrator and the Vice-<...llairpereon my resign , . ./ hiB office by writing under hie hand addreeeed to the Chairoereon . . ' (2) 8very resignation under sub-Section (1 ) shall take effect from.the date of its acceptance by the Administrator in the case of the Chairpe~)n and by Municipality in the case of a (3) [he Chairperson or the Vi'ce-Chairpereon shall vat:::ate his oft ice if he ceases to be a member. (4) A motion of no confidence against the Chairperson or Vice-Chairpersons. may be moved by any member at a special meetinq convened for that purpose: Provided Umt no such special meetinq shall be, convened except in accordance wi th Bub­ sect ion (!)). ment of ittees. t (5) A requisition for a special 'J.eetinq she l l :pe, ~de. by not less than one fifth '4f the total (6) On receipt of a requrai t ion i under suo­ section (5) the Chairperson ahall ~ithin seven Uays of ita reGeipt convene a specia~ meeting , of the Municipality. l i It (7) The special meeting shall i~ 'held on a day not later than fifteen days fromlthe date of issue ot notice of the meeting. ! (8) The special meeting shall :be presided over hy the Vice-chairperson if th~ motion is aganiat the Chairperson and by the ~Airperson if (9) If the motion- is carrie~ ~i' 0. majority of 'the total number of members at 1the special meeting. the chairperaon or ~the Vice­ Chairperson, as the case may be ~ s'hail cease to hold office fram the date an which the motion is carried unless he has resigned earlier. (10) If the motion of no confid~nce against the Chairperson or the Vice-ch6irperson is rejected,no fresh motion of noi confidence 6gainst him shall be brought 'Ibetore the Municipality during his term as 8ucn~ 18.(1) There shall be the fqllowinq Sub­ Committees in the MW'lcipal ity ,namely .. : - t a) sub-committee for and accounts. I , , (b) sub-ccemi ttee for publ i(~ health and sanitatlon. (c) sub- canmi ttee tor vorks , town planning and imprcNement. sWr'CaIlDlittee tor educet ion j and . (0) social justice. "., p (2) Each su.b-ccmmittee shall conaret of five ~rs 'of the Muncipality elected ~t its first meeting after ttJe general election land at the first meeting In the same montll, in each succeeding year according to the principal of proportionate representation by m.oans of the sinqle transferable vote. ras ANDAMAN AND NlCOBAR F.X"ffiAORDlNARY GAZETTE. DR:. 8. 1994 17 (3) The Chairperson and the Vice-Qlairperson shall be ex-off ice members of all the Sub­ Coomittees bllt they shall not have the right to vote. (4) The term of office of the meabers of the sub-oommittees shall be one year frca the date of their election: Provided that a person shall cease to be a member of the sub-canmi t tee if he ceases to be a member of the Munic;ipality or if he absents himse~f without the permission of the sub­ committee for three consecutive meeting of the (5) When! a casual vacancy occurs in the membership of a sub-committee it shall be filled by the MunicJpality by the election of another member. The persons 60 elected shall hold office only 80 long as the person in 'Whose place he is elected WOUld. but for occurence or vacancy have held. (6) A memler of sub-committee may resign his office at any time by notice in writinq addressed to the Chirpereon of the sub-committee and delivered to him and such resignation ahall take effect from the date on which it is accepted. (.'7) Each sub-camoittee shall elect one of its members as Cha rrperson . (8) 'The :"'1lairperson at the sub-ccaaittee shall hold office until a successor is elected but shall be eliqible fpr re-election. (9) Notwi shstanding the provisions of sub­ section (6) the Chair person shall vacate his of flee when he ceases to be a member of the sub­ committee. (10) it ,lilY casual vacancy occurs in the office of tht3 Chairperson the aub-ccamittee concerned shall. atter the occurrence of such vacancy elect one of the members to fill such vacancy and 4,very persons so elected shall continue in of:': ice so long as the person in whose place he is el~cted would. but for the occurrence of the vacancy have hold. 19. A Munidpality may concur with any other Joint Municipal tty. ')r with more than one Municipal ity Committee. in constitutinq a joint Committee for any purpose .-18. THE AlWAMAN AND NlCOBAR EXTRAOODINARY Gi~1'1'E. DEC. B. 1994 in which they are jointly interet:lt.ed and in delegating to any such joint cccmnitt(;~ any pcMlr Which mi~ht be exercised by-either or' any of the Provided that no joint committ~e ahall be appointed in purauence of such; conCurrence without the prevlous approval' of the Administrator. E. Oath of Al.legiance: .20.(1) Notwithstanding anything ,contained in the Oath Act,1969 every person who :~B elected. to be a member of nonlinated under cl eunef a) of au.b­ section (2) of oo(:tioo 9 shall befo:';e taking his seat. make at the meeting of the Mui1icipality, an oath or affirmation of his olleq.iance to tne constitution in the following form naI!)ely :- ill. . . . . .. having being elected a member or noodnated under clause (a) of sub-sect ion (2) of section 9 swear in the name of' God solemnly affirm that I will bear true faith,~~nd allegiance to the Constitution of India. am;. that I will faithfully discharge the duties ul~n which I anI about to enter". :: (~) Any person who having bein,~ erected as a member or naninated under clause.r (a) of sub­ section (2) of section 9 tails tc make in three months of the date on which is ferm of otfice commences or at one of the first~three meetings held after the said date, whichevElr is later, the Odth or affirmat~on laid down in :sub-section(l), shall cease to hold his office and his seat shall be deemed to have beccee vacant. ' (3) Any person who has been: elected as a member or naninated under creuse (a) of sub­ seotion (2) of 88ction 9 shall n~t take his seat and meeting of the Municipality c~ do any act as such member unless be has ma:<;e the oath or affirmation os laid down in s~jection (1). j - ( 4) Notwi thstanding anyth~ng contained. in of the Chairporson or a mett¢>er of a suD­ ccemt.tee . who has not made} the oath or affirmation as a member shall not, be entitled to act as such ':hairPerson, Vicei...chairperson, or member. II: ·1 I! ~ I , I • J Oath or affirmation by .metiiliers. THE ANDAMAN ANlI NlCOBAR EXTRAORDINARY GAZETIE. DEC. ~. 1994 19 tion of assets. Secretary of the pality. .I:" • Declaration of Assets etc. 21 ( 1). Every meaber snaIl, not later than thirty days atter making an~ subscribing the oath or affirmation under aub-saction (1) of seat on 20 and lJefore the last day of the same month in each succeeding year file with the Chairperson a dec laration in such fom as may be prescribed of all the assets owned. by him and any member of his family and such declaration shall form part of the recor-ds of the Municipality . (2) 11 person shall be disqualified for being a member - (0) if he fails tc file a declaration reffered to in eub-eection (1) or (b) if he files a declaration under that aub-aect xon which is either false or which he khows or believes to be false. . Explnnation -- For the purpose of this sect ron "tamily" means a spouse and dependent children of the member. G. Offlcers and Servants 22. J~very Municipality ahall have a Secretary who shall be a Whole time employee of the MuniCipality and shall be appointed by the Remuneration 23. The pay, allowance end other condition of payable service of the Secretary et.~ll be such as may be to Secre- prescr ibed . terv. Appolntment _G4. ( L) A Municipalit.y may, by special of Public r-eeo lut ion . and if so required. by the Health Administrator. self appo:nt a Public Health Officer Officer. an Engineer or a Water-works or and Electric~l Engineer. Engineers. Pension leave ces and (2) Each eucn appotntnent, and the salary an other cJnd1tions attachir.g thereto shall be subiect to the approval of the Administrator. (3) If a MunlCipality,when required by too AdminIstrator to do eo fails within the reasonable time to appofrr; any such officers as aforesajd. the Administrator may appoint him and any offlcer so appointed sh~ll be deemed to have 2!:J (1) if an otr icer or servant of a MunICIpality is a person in the service of Goverment.the Municipality shall.-- THE ANDAMAN AND NlCOBAR EXTRAOlIDINAR't "GAZETI'E; tee. 8, ~994 to.) it his services are whqllY lent to it, contribute to bis pension. gratuity and leave allowance in accordance with the lTv-les tor the time being governing his conditionE) of service under Government; end r. " fund. (b) if it devotes a part of hi~) time to tne perroneence of duties on be~lf of a Municipal i ty', contribute to his pe~ion ,gratu'i ty and leave o.llowo.ncea in such P19porf..ion as may be determined by the Administrator. ~ (2) In case of an Officer or s~rvant of the Municipality who is not a Governmen~ ofticial the p Municipality may subject to such 90nditiona as 'the Administro.tc'r may by rules prescribe,grant him leave .ereentee or acting allow~'1ce and,- , 'Ii (a) grant hiDl gratuity on retir~ment;or Cb) eatebt rsed and manitain a :' provident or ennu i ty tund and coept e him to contribute thereto; of (c) where such a fund has not being established or where such turid has been establlahed but he has been contri:Quting there to for less than bo whole of his'seriive grant him a pension or gra'Cuti ty or purchase .or errenqe for- annuity for him l)n his retirement. ': ' - (3) If the senctdon of the .1~dministrator .e Municipality may grant a ccepessronate gratuity 'or grant or errence for the p~chase of an annuity to any Officer or seI1vant injured. otherwise tho.n tty reason of his o{m de~aul t in the execution of his duty or where such 'injury resul ts in his death, to the wid~':W ,chi Idren or other relatives dependent on him. ~ (4) Where an officer or setvant dies in circumstances other than those raftered to in sub-eect ion (3) , the MWlucipalit~ maY"with the sanction of the, Administrator' ~ant a compassionate uratUlty to the wldfw,chlldren or other relatives dependent on him. f (5) A pension, gratuity, or annuity shall not exceed the sum to which under any !rule or general or special order. made by the Cent~l Government, such officer or. servant or his family would De enti tled if th~ service had been ,se~vice under Government. (6) Nothinq in this Regulation shall be deemed to prohibit the establisw;nt of provident IWld for officer and servants ot the MWlicipality at such rates and under such concitions as the Municipality may,by bye-laws fiX' and apportion for such perfor'mance. THE ANDAMAN AND NlCOBAR BXTRAORDINARY GAZHTTE. DEC. 8, 1994 21 26. (1) If the person servinq or having served under a Municipality has .b&9n or transferred from or to the service of GoveTJUDent or is partly employed by the GovernJllen':. and partly by the Municlpallty. the Municipality shall contribute to his pension and leave allowances to such extent as may be required ''1Y any rules made by the Government concerned in this behalf. (2) The Municipality shall not,say with the consent I)f the Administrator dispense with the services of any person employed as aforesaid without 'living the Admin~strator six months previous notice. 2.7. U) A Municipal ity may, I by special resolution and not I)therwiee, pun ish, diamiBS or remove its PublIC Health Ufficer or Water Works or Electrical Engineer: v' v Prov ided that no such reoolution as aforesaid shall be purposed until the officer concerned except when he is to be punished, diSlflieseci or removed .)n the ground of his conviction on a criminal charged has been given a reaooable oopurtunityor shewing caWle against the action proposed ':0 be taken in regnrd to him: Providel!' further that where the officer concerned is in the service of Government and his eervices have been 'Wholly or partly lent to the Municipal ity, no sucn reeotut ion as aforesaid in respect of him shall be prol~ed. except with the previous ~ction of the ACUlinistrator or of the head of h is parent lJepartJner..t as the case may be. 'I (2) A res.)lution punishing ( iSlliesing or removinq any of the aforesaid 'officers shall be ccmmunicated to the office)- concerned and shall not take etfect until the oxpiration of fifteen days fro~ the date when the communication ~as served on him, or, in the event, of an appeal .b~nng tiled by him under sub se"tion (3) until the appeal is decided. t3) Any of the aforesaid officers may, within fifteen deya ot the recexpt of notice of a resolution of punishment, d:-,emiesal or relDOVa~, appeal to the Administrator thrOUgh the Chelf Secretary and the Admlnistrntor shall there-upon either allow. disalloW, or vary the punishment. dismissal or removal . (4) On receivlnq an apPeal under eub-eectioo (3) the Administrator if he tb:nks fit suspend the off icer concerned pending Ithe decision of the appeal. Pension etc .. in caee of service part 1 under govern­ JDent and partly under Municipality. Punishment disu,isaal etc of the publlC Health Office] and Engineers J 1lIE ANDAKAN AND NlCOBAR EXTRAOODINARY J'J:.TfE, DEC. 8, 1994 ------------~ff~' ------.--~-------- (5) The Administrator shall have ~l1thority to, requfre in accord4n,w:,\dth. J}x. ,', procedure laid down 1n the section the di~jB8dl or. removal of any of the aiore3aid officers in the cose of proved incanpetence. . 26. Subject to ·the proviarcoa to the ~ployment regulation~ and the rules and by;B-law made J of other off- - th~~eunder a Municipa~ity may employ: such other cera and offlcers and servants be)onging to group(c) & (d) servants. category ot the et r icent execution or: its duties (---- and may asaiqn to uuch officers and s~rvants such pay Md allowMce as it thinks tit ';; Provided .!hat such apPOintment:: should exceed that the eenct ioned strength as per Budget approved by the AdJIlinistrator., , t I not fi the' 29. No Buit shall be maintainable against any officer or servant of a M.uniciparity or any member. or any person Acting Wider tne direction of Buch officer, servant or member in respect of any thing a good fuith done under the H~lation or any rule or bye--law made thereunde~. PrOVided that every such persC~ shall be liable for the 1005, waste. or mjsapi}llcation of any IDOney or other property OO10ng;'ing to the Municipality if sucn 1085. ~. wdBte or mi~pplication is a direct consequ~nce of the neglect or misconduct in the disc~;rge of hiB duties under thi!3 Regulation: and ;a suit tor canpensation for the same may ~ instituted against him by the Municipality with ,sanction ot the Deputy Commies ioner or the Admin:i.strator • . 30. Every member and every Munic~pal O..fficer and servant shall .be deemed to be P\ll?lic servant within the meanin'~ of section 21 o~ j the Indi4!Lll Penal code. ' 31. It any I"iunicipdl Officer, or eervent Knowingly acquires, directly or . iniiirectly, by "himself' or by partner or employer' .or eervant., any share or interest in any work dqne for the Municipality or in any contract or employment with. by or or behalf of the Munucipality he shall he deemed to have OCGIrltted an offence under section 168 of the Indian Code~:' I Provided that no person shall. ~:JY r eeson or being a. saare-nclder in, or a lDember of . ~y company, they held to be rnt.ereated in any contract entered tn to .between such ccepeny and Protection of action taken in good. faith. Municipal officers to be public servants. Penalty for acquisition by Municipal officer or servant of interest in contract or work. tendence. direction and cont­ rol of election. I CHAPTER IV A. Munj ctpal W4rdB. Elec':oral Rolls. Voters and 32.tl)' The Superintendence. direction and control ot the preperatton of Electoral Rolls for. and the conduct of all elections to the MunlCipalities shall be 'rested in the Election CccDmission eppomt.ed unc.er section 185 of the Andaman and Nicabar Islands (Panchayats) Regulation, 1994, and th~t Election Calmissioner appointed under the section shall be dee.ed to be the Election Commissioner for the purposes of this HeQulation. (2) [he Administrator shall when so requested by the Election co.mission make avaliable to that commissivn such staffs which the Administrator consider;3 necessary for dlscharge of the tunct.ron conferred of the Election CaIIIIission by sub­ aection( l ) . MuniCipal 33.(1) for the purpose 3 of Election to a wards. Municipality every Muni,::ipal area shall be ulvided into 6inq1e member wards in euch manner that th\'3 population of ea::h ward B~ll, 90 far as prac ,:icable be the ::3aIIIe through out the Municipa ( area. (2) i'he Electloo CaleilJ8ion shall, by order Publish~l in the Official nozette determine.-- (a) i.ne number of wardJ'1; I (b) the extent of eachiward; I t c) the wardS in Wl)lCh seats shall reserved for Scheduled Trii~; be l d) t'oo wards in wfjich seats shall be reserved for woman; and (. e) the DIdllner in whic'h seats reserved for Scheduleo Tribes and woman 'shall be rotated . (3) For every Municipal ",ero their shall be an ElectoraJ Roll which SM 11 'be prepared and publ ishEX\ every year under. the Superintendence, directior and control of the Election Commiseion on and shall contain such particulars in respect of the votere as the Electi on Camnil!!l8ion may fran time to time direct: 24. 11iE ANDAMAN AND .NlCOBAR EXTRAORDINARY GAZErrE, DEC; 8. 1994' Provided that the Election Commission may. by notification direct that no new Electoral Roll published in any particular year, and that the Electoral Roll previously pubtished shall continue to be valid until the new Electoral Roll is published. Qualifico- 34. (1) A person shall not be deemed to be a tlons for voter of a Municipal Ward unleaa he ia reqietra- registered as such in the Electoral I Roll for that tion as ward. voter tor candidates (:2) Sub ject, to' the . provisions' of this in elec- Requlation and of any other· law for the time tions. being in force, Every person who - (-a) Is a ci tl zen of India, (b) has attained the .age of 18 years on the first day of January of the year for which the 'Electora.l Roll is' being prepared, and (c) has the requisite qualification in respect of residence shall be entitled to.be 130 registered as a voter in the Electoral Roll for a Municipal ward.; Provided that no person shall be entitled to be 50 registerd if he - (i) is of unsound mind and stands so declared by a competent court: or (ii) is tor tne time being disqualified. for voting under the provisions of section 42 or any other law relating to corrupt practjce and other offences in connection with Electiqha: Provided rurtber that no person shall .be entitled to be eo registered. the Electoral Roll for more than such ward in a Municipal area or more than once in any electoral roll. (3) For t.ne purpcee of ~6ection(2), a person shall be deemed to requisite qual if ications-- (a) . in res~~ct of residence, if he has ordinary resided in a dwelling (other than as an inmate or a pet ien t in a prison or a hoepi tal) in the Municipal ward concerned, for a period of not less than twelve months immediately preceding the 1st day of January of the year which the electoral roll if; being prepared: ... (b) in respect of business premises. ~f. he occupies any business premises in the Munlclpal ward concerned. for a period of not less than twelve months lmmediately prece~inq th 1st day of January of the year for which the electoral roll is being preperec.: and " . .. , THE ANDAHAN AND NICOB~R EXTRAORDINARY GAZETTE, DEC. 8~ 1994 _ .•... __ ... - ..•. _---­ ------------------.--------------~------~---------------------- the limits of the Municipal ~~rd concerned immov~ble prop~rty which is ~ssesged to any muinicipal tax on the 1st d~y ~f April of the year immediatell preceding the Y£8r of which the electoral roll is beinp pr ap ar ed ", (') Every person who is :a voter of a Mu"icip~l ward within a muni[ip~l area Bnd who +01' ~ period of not less than six months . j commenClnQ fron the 1st day of 'January of the year durln~ whLch an el~ction i~ to be held h~s been residinQ in the Hun1cip~1 areas shall, subject to the )rovisions of this ReQulation an~ any other law for the time bei~~ i~ force~ be qualified to )e a candldate fo~ election ~s a member of the MJnicipality in th(t municipal area: Provided thRt no person sh~11 be qualified to be a candidate for election ~sla member of Municipality if he has not attaIned the &qe years. 55.(1) The election of any persor as a member may be ques t i oneo bv CIO election ,petition on the Qround-- (a) th~t such person has commlt~ed dUrlnQ or in respect of the electioni any co~rupt praiice as herein atter dEfined; I (b) that such person was declar~d to be elected by reason of the improper reJect~on or ~dmis5ion of one or m0re votes Dr that.: for any pther reason, he was not du~y electe~ by ~ ma10rity votinQ of lawf~ll votes; or (c) th~t such person was disQuaiified for beinQ elected as a wember under any of the prOYiS10nS of this kequlaiion. ' (2) The election of any per&on ~s a member shall not be q!estioned-- (a) on the round that the ~aTe of any ,person clur.difi.E'(j to vllte hills been onlffilt:t:ed from all th!'.? n~me of iny person not qu~lifie~;to vote ha~ been lns~df?rJ in. it.'" elector roll or,rol1S~ or (b) on tht ground of any nor-comliaote ~ith "this ReQul"tlO(' or any r u l e , or {If anv mistake in the forms re(uired there by or 0* any error :i.neQLliar i t v lit informi'llity on {:he part 0+ the the elections • a Power to 26. THE AN»AMAN AND NICOBAR EXTRAORDINARY GAZETTE, DEC. 8. 1994 HiM. <i,~:. 0+ .i.'}1 ~j 1. S6. A person shall be' deem~d to have ~ommitted a corr4pt pratice who :dire~tly or Indlrectly~ by himself or by kny othdr person-- . (i) induces or attempts to induce by fraud~ of injury~ anV voter to give or to refr~in from qivinq tI vote in +avour ·0+ any c and t d at e ] (ii) with a view to inducing any voter to give or to retrain from glvinq a vote in iavour 0+ any candidatE~ offers Of gives ~ny money, or valuable consideration or ~ny place or consideration 0r any place 0l valuable consideration Dr any place or em~loyment~ or holds.out ~ny promise of individual ~dvantage or profit to any person; (iii) gives or procures the giving of ~ vote in the name ot • voter wno is not' the person GIving such vote; (iv) abetsl~lthin the meaning of the Indian Penal Code) the doing of. ~ny of the acts specified in cl~lse (i)~(ii) or (iii); or (v ) commits any of the pr at i cs sPficH~ed in section 12~ 0+ the Representation of the People Act, 1951. EXPLANATION A "promiss of individual promise for the benefit of the.person himself, or of anyone in whcm he is interested~ but does not .include a promlse to vote for or aqainst any particular munlclpal measure. ~}.(1) An election petition or any application relating to th~ hearinQ. of an election petitlon shall be presented to the District Judge wlthin seven d~ys fro~ the date on which the result 0+ the election w~s notified and ,shall specified the ground or arounds on which the el~ttion is qUBstioned. and shall contain a summ~ry of the (irCuffistance alle~ed to Justify the e1ectlDn beir'Q que at i oned 00 5Uqh ~ro~lnds. . ~. . (2) The pe1ition may be presen~ed by the canditlt~tes in IJhClSe fC'lVour votes have been retorded and 1~ltQ cl a rms in the pat! t i on to be election is quesliDned~ or by ten Dr mo~e voters of the Municipal krea. (3) The p er-son wl10se election is que: .• tioneu and there the pntitioner claims that any other p c~ndid~te shall be declared elected in plate of such. person, eve~y unsuccessful candidate ~ho h~s polled more VQ~es th~n such other c~ndidate. shall be m~de ~ "espondent to the petition. Definition of "corrupt Forms a.nd tioo 0+ election petition. l tory lnqs in election disputes. Procedure for hearing election petitions. Finding of Dist­ rict Judge, J. 38. 'Any respondent may give evidence to prove that any person in respect of whom he claim is made that such person be declared elected in his place or in priority to ~ him. should not be declared so elected. in the: same manner as if he had presented a petitioo against the election of such pers< III • JY. ( 1 ; save as otherwise provide by this Regulatior: or by any rule made therunder. the procedure provided in the Code of Civil Procedure, 1908. 1n regard to suits shall in so far as It may be applica.b19, be followed in the hearing of election petitions by the District Judge: Provic-ed that - (a) two or more pereone whoee election is called in question may be made respondents to the same pet it ion and their case may be tried at the same time, and any two or more election petitions may .be heard toqether: but so far' as is consistent with such joint trail of hearing. the petition shall .be deemed' to the a seperate petition c~gamst each reepondent , t b) tr.e District Judge f3hall not be required to record or have recorded the evidence in full. but shall make a memorandum of the evidence sufficient in his opinion for the purpose of decidina the case; (c) 1he District Judge,may. at any stage of the proce-edanua. require d,e petitioner to give eecur i ty or furhter security for the payment of all peyme.nt of all costs iJ}curred or likely to be mcurre-d by any ~esponder~t: and (d) the District ludg'(; for the purpose of decidinq e nv iesue,shall only be bound to :require the product of or to recea ve such evi dence • oral or documer.t.arv as he 'may cor sider necessary. (2) I,n order for the peveent of costs .or an order tot the realization of security bond for costs pa£i8ed .by the District judge shall be executed in the same manner as if the amount to be recovered was an arrear ct land revenue. I 40. (1) If the District· judge after making such mqu irv as he thinks necessary. finds in respect 01 any person whose 'election is called. in questlon by petitlon,that his election was valid. the petition all be djemissed against such 28. THE ANDAMAN AND NICOBAR EXTRAORDINARY.GAZEI'l'E, DEC. 8~ 1994 . (2) If the District judge finds tlw.t the electio~ 0+ any person w~ ~riv~lid.h~ shall either....- (a) declare a ceeue l vacancy to have (b) declare another ~4idate to have been duly elected, which even course appears~in the particular circumstances of the case,to be more appropriate;and in either case the District judge may award costs in his dicretion. (3) In the event .of the,' District judge declaring a caElual vacancy to' have arisen,he shall direct the Municipality to take proceedings,for tilling the VdCdIlCY. Avoidance of elec-:­ tion. 41.(1) Notwithstandinq anything contained in section 39.if th~ District judge.in'the couree of hearinq an elect.lon petition.is ~f the opinioo tho.t the ev iuence discloses \ that corrupt practices at the election proceedings in question,have preveiled to such an extent as to render it advif~le to set aside the whole of electron proceeurnqa.he shall paa.s a conditional order to this eftect and give notice there of to every candidate declared elected who has not . . already been ~~de a party in the case,calling upon such cenc idat.e to show 'cause why such conditional order' should not be IIIi1de final. (2) Thereupon every such candidate may eppeer and ahow cause, any may have re-called for the purpose of putting question to him, any witness who has appeared in the cese, (3) The Djstrict Judge shall thereafter either cancel the conditional order or make it absolute in which case he ahall direct the Municipality to take measures for holding fresh election proceedings. Disqualifi- 42. The ristrict Judge may dec Iare any cation candidate found. to have coromi Hed any corrupt tor t; practice to be ineligible tor he~ng a member, or corrupt for being appointed or retained. in any office or practice. place in the gift or at the dis~l of the , Municipality or tor beinq regist~red as a voter, for such period not exceeding f~ve years as the District Judqe IllaY determine. '. Conduct of elections and rela­ ted matters. 4::J. The Admtmatrator after conaulation with the Election Commission may, by notification. make rules consistant with the Hequlation. for the purpose of regulating all or any of the following matte~,namely:-- THE ANDAMAN AND NlCOBAR EXTRAORDiNARY GAZE'ITE. DPC. 8, 1994 29 (a) the preparation an;i revision of electoral rolls and the adjudication ot claims to be registered as voters and objections to registration; (b) the nominction of candidates (c) the dates. time and MIlner of holdinq elections.general or casual: (d) tile num.ber of representatives proper for each w~rd and reservation of seata for wc.en; (e) ~ly other matter r~lating to elections or election petitions in reepect makes no provision (f) (my other matter r'eceseerv for securing the due const i tution of Hur icipal i ties. A. Dut.Iea and powers of Municipal Authoritles 44.SulJ.iect to such exceptions and conditions as the hdminiatrator may tram t_ ,make and impose,lt shall be the duty of every Municipality to make re30nable provision withi~ the municipal~trea for- Duties and powers ot municipall ty . (b) requlet ion of land use' and construction of buildinqs; , (c) planning for economic aid social development; (d) roads and bridges; (e) wateI supply for dCD99tic industrial and commercial purposes; (0 oum rc health.sanitat1on conservancy and solid waste management; .t n) urban forestry, protect 100 of environment and promotion of ecoloqical asp~cts; (i) safequarding the interest of weaker sections of the society, includinq the handicapped and mentally retarded; • (j) slum improvement and upG;radation: (1) provislon of urban amer,ities and facllities such as parks, gardens pla~TOunds; (m) proaot fon of cul ture.I . educational and aesthetic aspects; (n) burials and burial crounda, cremations. crematlon ~ounds and electric crematoriums; (0) cattle pounds, prevertion of cruelty to animals; (0) vltal statlstics includinq reqistrations of biiths and aeaths; parkinq lots, bus stops and public conveniences: _. __ .. , --- --~- - ---- ----------- .. _------- 30. THE ANDAMAN AND NlCO.BAR EXTRAOHDlNARY GAZf:ITE, DEC. S, 1994 (r) securinc or reIll1.>v:inq denqeroua 1mj ldinqFl or streets other IDa jor roads other than cul verls, urinals. drains drainage-work and sewo.rage-work subject~ to the direction and general control of the Pubi ic Work Deportment; . (t) maintaining the' developing· the value of property vested in. or entrusted to. the management of the Municipality; (u) preparing such returns, statements . and report~ as the Administrator may require the Municipality to BUbmit; and (~v) fulfilling any obligation imposedi';upon it by law. . 45.(1) The Administrator may direct that the Municipality shall make provision for any of the follOWing matters within the uuntcape I area, subject to any exceptions and condi tiona that may be laid down by the Administrator, namely :-- (b) taking of census and reqist.ration ot vital statistics; (c) making arrangements tor the, confinement of destruction of Htray dogs; . (d) securing, or assisting the securing oi , 'suitable places for the carrying on of any dangerous or orrenmve trade or manufacture; (e) establishing and managing ponds and performing such Cunctions and of the StQte Government and the Mag~strate of th~, District as may be transferred to the MWlicipality. under section 31 of the cattle Trepass Act. 1871. ·(f) holding tairs and exhibitions. and arranging ~entertainments functions and public receptions, with the previous approval ot the ~dminiBtrator: and (q) adopting' any measure, other than a measure sPeCified in section 42 or in thil;' sub-section likely to prceote t.he public safety health of convenience. (2) A Municipality may. with the previous approval of the Administrator. make provisions tor the extensi~n beyond the limit of the Municipal area of the :benefits of the , Municipal undertaking. (3) A Municjpality may also make provision for the doing ot anything wheron expenditure 18 ionary functions of Municipality. THE ANDAMAN ANI) Nl<X>BAR EXTRAORDINARY GAZZITE, DEC. 8, 1994 31 declared by the Administrator or by the Municipdl ity with the' sanction of the Administrator or by the Municipality with the eenct ion of the Administrator, to be an appropriate charge on the Municipal Fund. provisions of section 631ft .bye-law. empower a sub-commi ttee of the ('''hairiPeraon, any member or the Secretary of the Municipality to exercise and perform 81lD ject to such conditions, restrictions and 1 im l tat ions as may be imposed by the Mwlicipal ity all or any of the powers and duties conferred. or imposed on the Municipal ity by any of the orovtaione of this Requlation. (:2) JUly .bye-law made under sub-aection ( 1) • may prov iue that any order passed In the exercise of the powers or performar.ce of the duties so deleqated shall, within ~uch time as may be therein ~,recribed, be subject; to appeal to, or revraron I.y, the Municipality. D. Duties of Chairperson and Vice Chaarpereon 47. l t shall be the duty of the Chairperson of a Municipality, -- (a) W11 ess prevented by rea.eooab 1 e cause. to convence and preslde at all meetings of toe MunicIpalIty and to control) in accordance with the bye-laws made in this be~alf. the transaction of business threat : (b) 3M ject, to the .orovrenone of this Hequlatloo. Cnairperson shal~ have general powers of meepe rt ion and may qivt' direction to the Secretary with reqard to th~ implementation of any r-eso lrt ion of the Muni~~pality or a SUb­ commIttee tn the discharqe 0: any obligatory and daecret ionerv functions of the Municipality and the secreturv shall canpl y W:. th such directions. The Chairperson may call : any record of the Mun i ci pa 11 t; Y from the SecrE .. tary and the eame shall be made available t~ him and ahal be returned bv him within fiftet,n days fran the date they are ~lde available; J tc) thtJ chairperson- shall not be eligible to be elected llS chairperson of. any sub-callnittee; (d) It the chairperson i~,at the time of his election Eta chair-person, the chairpernon or an elected mflm.ber of a eub-ccea rtee he shall cease to hold otfice as such chair~rson or member of such committee. ("e) it any vancancy OCCur3 rn the off ice the ' chairperson of any suD-committee. the Chairperson shall convent, a meeting ot su in sub-coemit.tee tor the elect i en of another cnear oereon. of powers of Duties of Chairperson. 32. THE ANDOON AND NlCOBAH EXTRAORDINARY GAZEITE~ DEC. 8. 1994 (t) to perfo)~ such other duties as are under this Hegulatlon. 48. (1) it. shall be t.he duty of the Vice , Chairperson present- (a) to perform,during the' continuous absence of the Chairperson from the:city for mare than eight deya.or in incapacitated: for more than eight days or durinq a vacancy in the office of Chairperson, the duties of the GM.irperson described in sect ton 45;and (b) to perform such other duties as are required of or ml~y be imposed upon him by or under this Hegul~tion. (2) A Vice C~nairperBon performing of the duties, of the Ch~irpeson in the 1 c:ircumatances ~ stated in clause (~) of aub-eectibn (1) shall have all the power3 conferred on the Chairperson by or under this Regulation. ' 49, (1) In case of emergency, the Chairperson of a Muncipality may direct th execution ot any work of the doing of o.ny act which the muncipality is empowered to execute or do; and the immediate execution or doing of which is.in his opinion, neceeeery for the preservation of the valuable propertT or for the safety of the public,and moy also direct that the expense of executing such work or doing such act shall be paid trom the Munj cipal Fund . Provided Ulat every direction given under ttris section shal ) be reported to the Muncipality as its next fol.loHing meeting. (2) The Chairperson shall not act under this ~ section in contrevent.ion of any exprese order of the Municipality. (3) The Chai:'~person may. prohibit. until the matter has ~n considered. by the Municipality, the doing of any act Which is, in his oparuon. W1.iesirable in 7, the publ ic interest. provided that the act is" one Which the municipali ty has DOWer to prohibit. (4) No direction given 'under this section shall be questioned in any court on the ground that the case was not one of emerqencv. Duties of pereon , THE ANDAMAN AND NlCOHAR .EXTRAaID~ARY GAZE'ITE, DEC. 8, 1994 33 t 00. ( 1) The Bub-caomi t,tee for taxation and finance shall deal with all matter relatinq to finance.taxation,accounte ind audit and all other matters not specifically _igned to the BUb­ caIIIlittee for public healtll or the e~ittee for works Which are requi~ to be dealt with by or under this Regulation. I ( 2) The standinq fcallllittee for publ ic health shall deal with al~ matters relatinq to public health and sanitatiion.The sub-oommittee for works shall deal with ~ll matter relatinq to publ ic wore, town planning rand improvement. (3) The Muncipal:ity shall,by bye-laws framed ror the purpoee idet.ermme the powers and duties of each ~ su.b-caDmittee • not specially.provided for inithis Requlation and may,by b'le-law.provide fo:r a conference of two or more 81ib-Committees or fpr the appointment out ot such t::ommittee ot a joint camnittee for any purpose i.n respect of which they may be joint 1 y intereste(! . ,4) The eub-caDlDi ttee tor taxation and r rnenca.un add1titon to the powers and duties assigned to it under the ~ laws- r. '0 (a) aha l I supervise th'e utilisation of the budqet qrfUlts: (D) slldll have assist to the accounts of the MunlCipaLl ty , and may reqJire the Secretary to furnish (my clarification Iwhich it considers to be necessary as to the rece~pts and expenditures of the MWlicipal F'und: (c) may conduct a m:>nthly audit of the MunicIpal accounts and aha! 1 be boUnd to check the monthly abstract 'of receipts and dis.bursemenw toi the precedinq 'IIIOIlthS as furnished by the Secretary ;'.f (d) may. eub;ect to the approval of the MuniClpallty. write of the amount of any loss. or depreciat:on caused to the Municipality property which appears to the callDi ttee to be irrecoverable; . Provided that where th~ amOunt of any such Iose or dflpreciation exceeds rupees one thousand, ot shall not be written ott except with the previoUS ~;anction of the Mu:licipal ity. l~) the Municipality ehall sanction such staff as may reasonably be:required by the sub­ committee~~ to discharqe! their respect.ive function. Functions of Sub­ 34. THE ANDAMAN AND NICOBAR EXTRAORDINARY G~. Da:, 8, 1994 51. (1) Wherever, "it is proviq(:)d by the Regulation or MY other ,lav. for the tGme been in force that the Secretary may take a~ion subject to the approval, sanction, consent or concurrence of a su.b-canmittee. the trub-canmittee may. by resolution in writing. authorise him'to action in anticipation of its approval. sanction I consent or conCUITence subject to such condition, if any as may be specified in such resolution. (2) Whenever the Secretary. In pursuance of· such resolution. takes any action in antiCipation if the approval. sonction, consent or concurrence of a sub-committee. he sholl forthwith inform the committee of the action so taken. 52.(1) Subject. whenever it is in ,this Regulation Expressly so directed, to the approval or sanction of the MWlicipallty or the auo­ committee consent and subject ~lso ~o all other restriction, limitation and condition imposed by , "this Regulation or by any other law for the time being in torce. the executive power tor the purpose of carrirg out the provisions ~t this Regulation ,and ot any other law for the time being in force which impcees any duty or confers any 'power on the }'IWlicipali ty shall vest in the Secretary, who shall Qlso -- (a) perform 611 the dut:ie5 and ~xerciae all the powers specifically impoeed or conferred upon him by or under tIlis Regulation or by any other law for the time bdng in force; , (b) in any enerqency take such ilIlD8didte action for the service or safety ot too public or the protection of the property of the Municipal i ty as the emergency ahall appear to him to justity or to require, notwiths~anding that such action cannot be taken under this Regulation without the Sdllcbon. approval or authorit.y ot' acae other municipal authority or· of. 'the Administration: Provided. tnat the Secretory shall report forthwith to the sub-committee 'concerned and to the Municipality the action he h~ taken and the reeeona for takmq th~ same and the aJaOWlt of cost, it any, inc\.lrTed or likely to be incurred in consequence ot such action whic~ is not covered by a current budget grant under the provisions of this Regulation. Co Delegation ot powers to Secretary Committees. to Functions of the Secretary. r (2) Any powers, duties and functions conferred or impceed up6n or vested in the MunicipaUty by any other -law for the time being­ in force shall subject to the Provisions of such law. be exercrsed performed or discllarged by the Secreta!) r • l3) /\11 correspondence relating to any matter dealt with. by or under this Regulation or Under any ot her law between the' Municipality and the Government or other authority ehall be conducted by the Secretary and the'Secretary shall send copies 01 such correspondence to the Chairperson. De 1 eqat:ion :'3. Sub ject, to the ru Iee made under the of Secre~ Regulatlcn. the Secretary, ,MY delegate to any tervs crf icer of the Municipalit')r supordinate to him. ordinary any of ris powers other than the powers under powers. clause ( t ) of au.b-sect i on (1) of secti on 52. Custody of records. Ordinary Cidl meetings. 54. '1 he Secretary shall be reponaible for the custody of all records of the Municipality includinq all papers and do=uments connected with the proceedings of the Munir::ipality sub-cccmittee and other committees . CHAPTER, VI T~SACTION OF MUNICIPAL BUSINESS A. Meetings 55. (1) Every Municipality shall meet for the trensect ron of business atleast once in every month at ,~uch time as may f~xed by the bye-laws. (.G) T1e Chairperson. may, whenever he thinks fit. and ;3hall. on .e requis:.tion made in writing in thIS ~3half by not less than one-fifth of the members. convene. an ord:i nary or a special meetinq a~ any other time. (3) 'wery meeting of M\.nicipality ,shall be e i ther orumarv or specie i . ! , \ I (4) }\ny business of th~ Municipality MY be transactetl at an ordinary meeting unless required by this Hequlation or the ~lee made thereunder to be transacted at 'a speci~ 1 meeting. Quorum. 56. ( 1 ' The quOrtml ·necessary for the t.rensect.ton of business at a special meeting of Municipal ty shall be one-half of the number of elected Ilem.bers serving for the t.ime being, but shall not be less than three . . l 36. THE HI ______ .;..~,DAMAN AND N:'~ EXTIU,ORDINARY GAZEITE, DEC. 8, 1994 (2) The quorum necessary for the tranSaction of busineaa ot an· ordinary meeting of Municipality shall be one-third of· the number of mel!ibers serving for the time beinq. but shall not be 1 ees than three. ad journ the ml;tlL:i.HQ' to such other day ~B he may think tit. and that the .business which would helve been brought before- the oriq.inal meeting if there had been a quorum present, shall be brought before. and transacted at the adjourn meeting whether there be a quorum present thereat or not. Chairperson 57.(1) At evelY meetinq of a Municipality, meeting. the Chairperson. i1 present, shall preside. (2) If the Chelirperson is not present. his place shall be takon :by the Vice-Chairperson and fif there be two Vic:e-Chdirpe:rsoo then the senior Vice-chdirperson nnd if he too i8 olJsent by the junior Vice-C""hairpnrson. (3) It there be no Chairperson or Vice-I­ Chairperson preser It such one of members as· the members present ';laY elect. shall preside as Chairperson. Vote ot maiority decislve . 58. Sdve as otherwiee provided by this Hegulation or any rure , all questions which come at meeting of the Huniciaplity, shal.l be decided . by a tna.lority 0:': the votes of the members present, the Cna ir'oereon of the meeting, in case of an equality of votes. having a second or casting votes. ·5Y. Any meeting of a Municipality may, with the consent of a m,ljori ty of the members present thereat. be adjourned to SOOle other time Md buainess left und isposed of at such meeting shall be carried over with priority to the adjourned 60. No resolution of a MWliclpa~ity shall be modified or cancelled within six !month3 after the passing thereof -- (a) unless previous notice has been given to the members setting forthfully the resolution it is proposed to modify or cancelled and the motion or proposation for its modification or cancellation; and (b) otherwise than .by a resolution supported by not less than one-he lf of the total nuaber of members serving at the time. Adjournment of meeting. tion of resolutions. .•.. I , TIlE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZEITE. DB:. 8, 1994 37 61.(l) Minutes of the proceedings at each meeting of the Municipality shall be drawn up and recorded in a book to be .kept for the purpcee shall be siqned by the Chairperson of ·the meeting or of the next ensuing meeting. shall be publlShe(i in such manner as the ,l\dminlstrctor may direct, and. shall. at all ,reaSonable times· and wi thout charqe , be open to inspection by any inhabitoolt of th~ Municipal area. U) 1\ copy of every reeolution passed at any meeting of a Municipality shall. within ,ten days frOOl the date of the meetinq. be forwarded. to the Deputy O.Gmissioner. I I, 62. A Municipality ~ may make bye-laws consistallce with this'Re<F,J.lation and with the rules made thereunder to provide for all or any of the following matter, na:ooly - (a) i.he time and place 'of its meeting; (b) the manner in which notice of ordinary and speci al meetinqs and ad journed. meeting shall be qiven: ' (c) the conduct of pr~eedingB of meetinqs and adjo~rnment of meetinqs; ( d ) the custody of the ccamon seal and t'he purposes for which it shall be used; under section 18 the fillinq of casual vacancies therein. the number neces~~ to form a quorum at meetinqs thereof, and other matters relatinq to such comndttees. (f) the person tJy whcm receipts may be qranted on behalf of the Mtmicipality for lOOney r-ece.i ved under this Requlabon. (gl the appointment" duties. executive powers, leave. suspension 'and removal of its officers and servants; and l B. Contracts and' Conveyancee I 63.lJ) A Municipality may. aubiect to the provisIons of this Requlatio,n, delegate to one or more ot its members or to the Secretary of the Municipality the power of entering on its behalf Into any partioular contract whereof t'he value or amount dc-ea not exceed two hundred rupees or into any clas~ of such contracts. Minutes of the meeting. Bye-law for conrjuct of buamese . Authority to contract. 38. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE. DEC. 8, 1994 .Hudqet. (2) No contract by or on .beho.lf of 0- My.niC?~~l~ty whereot-the value or mIlOWlt exceeds ~W9 llim~~d rupeea, shall ~ entered into until It has been SdnGtioned at a meeting ot the Municipality. , 64.(1) Every contract made by or onbehalt of a Municipality whereof the value of amount exceed one hundred. rupees shall, be in writing and shall' be . signed by two members, of I whcm the Chalrperson or a Vice-<..1lairpereon s~ll be one and countersigned by the ~ecretary: Mode· of contracts and tro.nster of property. Provided that when the powers of entering into any contract on bebalf tbe Municipality has been delegated under section 63, t.he aiqnature or signatures of the members or members (or the Signature of the f.ecretary) to 'rihOlll the power has been delegated Bh~ll be sufficient. (2) Every tl ensrer of immovo..ble property .belonging to a Mlm:icipality other than a Leaee for a term not exceeding one year shall be made by an instrument. in writing, executed by the ChClirperoon or 0. Vice-<:hairperson and by atleost t .••• o me.wbers of the MuniCipality whose execution thereof sMll be nttested .by the Seqretary. (3) No contrect or transfer executed. otherwise than in conformity with the provisions of this sectiQn shall be binding on a Municipality. 65.(1) Every Municipality snail,have prepared and laid before it. at a meeting to be held ··"in every year before such date as is f~xed by rules in this behalf. o. coeplet.e account pf the actual and expected receapta and expendi,(;ture tor the year ending on the thirty first day of March next follOWing such date. together with a budget 1/ estimate of the j neane and the expenditure of the Municiaplity for the year commencing on the first ' day of Apri 1 next following. (2) Ina Mun~cipality shall at such meeting decide upon the appropriations and the ways and means contained in the budget estima~e and by !' special resolution, eenct.ton a bUdget which shall be subbitted to ~he Administrator. (3) The Municipality may vary' 01;" alter fram time to time ns circumstances may render desirable. by special resoluti?n. the hudget sanctioned under sub-section (2). , l THE ANDAMAN AND NlCOBAR EXTRAORDINARY GAZETTE, DEC. 8, 1994 I i 66. As soon as may be af~er the first day of October. a revised budget f9r the year shall be frmned and such revised budqet shall so far as may be subject to all the pfovisions applicable to a budget made under sectiOn 65. Special pro- 67. (1:. In framinq a :budqet th6 Municipality visions shall provide for the maintla08 of such .inimum as to c losma be lance (it any) as he Administrator may budqet. by order 1n writing preecri . ( 2) Notwi thstahding anythinq contained in this R~llation the budget hf the Municipality shall b3 subject to the! sanction of the AdJninistr.itor and that the ;power to vary or to alter the budget under B~Ctjon (3) of section 65 shall be subject to such lconditions as may be imposed by the Administratot. Revised budget. Expendi ture 68, (1 ) Where a budget has been passed. the not to Municipal ity shall not incur any expenditure exceed under any of the heads of the budget. other than budget a head providing tor the refund of taxes. in allot- excess of the amount ~ under that head, ment, wi thout making provision for such excese by the variatior. of alteration of the budget, ( :2) Where any expendAure under any head providing for the refund of taxes is incurred in excess of the amount pasSed under that head. prov fs ion shall be made WIthout delay for such expenditure .by the variatiqn or alteration of the budqet. . I MUNI<:IPAL FINANCE. PROtERTY AND TAXATION A. MUNICIPAL FINANCE ~ Municipal 6~. ( 1) There shall' be tonaed for each Fund. MUnlClpaHty a fund to be called the Municipal fund. end there shall ~ placed to the credit thereof, t a) the proceeds of 411 taxes. fines (other than the fines imposed by a court). penalties and tOOH levied under this Regulation; (b) all 8UlllS received by; or on behalf of. the MunlClpality under this Regulation; (c) all sums transfe::Ted or carried to the credit of the Municipality under any of the provtsnone of the Regulations or any other law for the time being in farce; 40 . 11iE ANDAMAN AND NICOEAR EXTRAORDINARY GAZEITE, }).EX:. 8, 1994 (d) all rents and profit,s, 4ccruin~ from p!Operty vested in the Municipality or managed by It; and . I , (~) all sums assigned. to the F~d by tho ~dmlnlstrator or by any other authorlty and all sums ~ontributed th~~to by any 'coommittee, authonty or private person. (2) The MWlicipal Fund shall vest in Municipality, and the balance at its credit shall be kept in the Sto,te Bo.nk of India, or with the previous sanction of the Administrator in any 'Schedul~d bank has defined in the Reserve Bank of India Act, 1934: Provided that any portion of such balance may, with the previous senct icn of the Administrator be hept in the Post Office Saving Bank. or be invested in such I Government Securities as may be approved by the Administrator; Provided fur t.her tl\at such sum, not exceeding an 'amount specit ied . in this behalf by the Administrator as is required for day to day expenses of a Municipality may be kept by the MuniciPality at ':.he Mwlicipal office in sa.fe 'custody. 70. The Ce'ltral Government may. "r1:I notification dec lared that all fines and any other sums 'recovered from person convicted of offences committei within the municipal area against this Requlation or any rule; of bye-laws made thereunder, or'agains.t any other law for the time being in force, SM.ll be carried to the credit of the Munjcipality of that area. 71. (1) The Municipal Fund shall De cnerqed wi th the payment ct expences on - (i) fulfilment of any liability or ODliqation arising from trt~~ legally imposed upon on accepted by the Mlnicipality; (ii) the munjcipal e6ta:blis~nt including such' subscriptions and contributions as are payable by the MUllicipality under this Regulation and the rules mad(~ thereunder, (iii) duditLng the accounts of the Municipdlity; (iY) such other matters as may he specified by the Administra't.or from time, to' time. 'r Certain sums may be carried to credit of Municipality, Application of MWlicipal Funds. 73.(1) Subject to the provisions of this Accounts Regulation, or any rule 'or bye-law made and audit. thereunder, every Municipal~"ty shall keep and maintain a detailed account of its receipts and expenditure. (2) The accounts of receapcs and expenditure kept and ID1intained by a Mun~cipalitY shall be examined ~nd audited in ,such manner the Administrat~r by rules prescr:bed in this behalf. I (2). Subiect to the charqes specified in BUb­ section ( 1) and to such ruleS as aay be mde by the Administrator with respect to the priority to be qiven to the several duties of 'the Municlpality, the Municipal fund shall be applicable to the payment of expenses incurred. for the purpcee ot any obJect1oi duty which is to be or may be undertaken by the Mwlicipality in accordance will the provisions of this Regulation. 72.(1) '[he Finance ~ieBion constitued underaection 186 of the Ar~daman and Nicobar lslandB(Panchayata) Regulatlor'.i 1994, shall review the f manc ie l poeition of the'Municipalities and make recomendations to the President as to, (a) the principles which should govern, , (i) the determination of taxes. duties, tolls and fees which may' assigned to or appropriated by the Municipalities; (ii) the grants-in-aids to the Municipalities from the consolidated Fund of India; financial PJBitins of the Municipalities: . I (c) any other matter reteired to the Finance Commission by the President ~n the interest of sOW1d f mancee of the MW1ici~lities. 74.(1) Sub;ect to any ~pecial reservation made; or to any specae 1 any eoodftiona impoeed , tJy the Administrator. all property of the nature hereafter in this section, specified and situated wi thin, or, where expreeal y 50 provided beyond any municipal area, shall vest. in and be under the control of the Municipali~y and shall be held. and appl ied by it for the purposes of' this Requlatlon. that is to say - Construction of Finance Commission. Property vested. in Municipality. 42. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEl1'E. DOC. 8. 1994 -------------------------- (a) all public lIlQI"keta. slaughter-houses and other bui1din~s of every description (whether within or beyond the m.unicipal area) which have been construct"ed or are maintained out of the Municipal Fund. (h) all public streams, tanks. well I springe and . works. (whether wi thin or beyond the Municipal area) for the supply ~torage or distribution of water for public purposes within t.he : Municipal area. and all bridges ~ bui 1ding , . engines. lDdterialE.1 and things connected their \!ith or appertaining thereto and any adjacent fa.nd (not being pnvate property) appertaining to any public tank or well; . -- (c) all pubLc sewers and drains, and all sewers, drains culverts and water courses in alongside, or under any street and 0.11 works materials and thinqs appertaining thereto (d) all 'dust, dirt. dunq. ashes, refuse. animal matter or t ifth or rulJl>is'h of :a.ny kind or dead :bodies of animals. collected by the Municipality from the streets. houses. prlVle9, sewers, cesspools or elsewhere or 4eposited in places fixed by the Municipalityi under this Regulation; (e) all publ ic lampe. lo.mp apparatus connected theirwith or thereto; post.s and (r ) all land cr other property, within beyond the municipal area, transferred to the ~unicipality by the central Goy~rnment or acquired by gift. purchase. or o~herwise for local Public purposes: and . (g) all pub) ic streets (other than lIldjor roads) not beinq open spaces or lands owned .by Government arid the pavements stones end other materials thereof, and also all trees erections, materials. Imp lement.s and things provided for such streets. (2) . Where any immovable property is. transferred otherwi se than by Sdle .by the Central Gove'rnment to a Municipal i ty for pUblic puroceee , it shall he deemed to be a condi tion .,. of such transfer- unless specially provided "to the contrary. that ehoul d the property :Qe at any time resumed by or under the. authority of the Central Government. the compensation payable therefor shall. notwithstanding anything to the contrary in any law for the time being in force. iJ;l no case exceed the amount. if any, paid. to the • Central Government for the t.renerer , together THE AHDAMAN AND HlCOBAR EXTiA<lIDI&RY GIZETIE, DFC. 8, 1m , with the coat or the present value, wh: cbever is lees, of any buildinga erected or ot.her works _executed a'l ths land by the Municipal ity. Management 75. (1) [he aenllgement. control and ~u.bl ic administration of every publ ic ::nsti tution lnstitu- maintained out of Municipal Fund veut in the tiona. Municipality. (2) When any public institution has been placed under the dir~ction, manaqt,jaent and control of e Municipal ity all property, endowments and funds belooqinq thereto shall be held by the Municipality in trust far the purpoees to WhlCh such property, endQl~nts and funds were lawfully applicable at the time when the lnstitution was so placed: Provided that the extent of the 'independent authority of the municipality in reep!ct of any such mat a tution may be defined by the Provided t urther that nothing in t nfs sectioo shall be· held to prevent the vestirlq of ClOy tl-uat-propert), in the Treasurer of Charitable Endowments under the Charitable Fndow_nts Act. Acquisition 16. When cny land, whether within or without of land. the 1 1mi ts 01 a muni cipal area is required far the PllTpOS*S of this Regulation. the Administrator may, at the request of the Municipality, take suitable steps under the provision of ~y law for the time beirg in force, to Bake such land available. to the )\unicipality and on paymetlt by the Municipality 01 all such chanqes as may be determined by the A(ministrator the land sha!} vest in the Municipal it.y. EXPLANATION ; - When any land : 8 required. far a new street or tor the improvelient of an existinq atreet. the Municipality IQaY request; for. in addition to the land to be occup..ed by the street, the I and necessary far the e.. tee of the buildinqs to be errected. on both Si<lefS of the street,' and such land shall be' deumed to be required for ~~he purposes of this R8CJ111ation. Transfer of pro­ perty vesting in Muni­ cipality, 71. t L) A Municipality may, aubject, to rules made in th LS behalf by the AdJlinistrator. transfer by alie, IDQr'tgage. lease, gi·:t. exchange or otherwise .my property vested. in i" ~ I not .beiD9' property he 1 I by it on any trust th ~ terms of which are inconsistent with the right so to transfer. 44. IHE ANDAMAN AND NICOBAR RXTRAClIDlNARY ~,ITE. Da;, 8, 1994 Saving of , Act 9 of 19H. , (2) NotW'ithatanding anything ,contained in ~tion (1) a Jilmicipality ~y. 'W~~~ the sanctlon of the Administrator. 'tr~ter to . Government any pxyperty vesting in the Municipali ty under section 74 or: section 'l!5 but not so as to affect any trUst or ~lic rights subjects to which the property. is held. 78. Nothing in this Regulatioo{ shdl affect the provisions of the 10C41 Authpri ties Loena Act.1914. Definition of "annual Value". For the Purpoee8 of this Regulation "annual value" means- ' (a) in the case of land the .9:r~ omnual rent 'at which it may reasonably be expe8:8Il~-l~ft fran year to year: '.' : .-,_--- Provided that in the case of l'and aeaeeated to land-revenue or of w,hich the lan:d-ro,venue has been wholly or in ~t exa.pt.ed or. Telilitted. the Administrator may direct that the ,; «U'lllUGl value shall be deemed to be double the amount cjf the land-revenue for th&-tima being ~Jed OIl the land, whether such assessment is l~viru)le or not. or. when the land-revenue has been wh>lly or in the part exempted or nMIlitted, double 1:he amount which. but tor such exemption or r~is:Loo, would have been leviable: (b) in the case of any house Clli DU:llding the gross ClfinUdl rent·, at which aUch hou8e or blildinq. together with its appurt~l:es and any furniture that Itlay be l.,t for ~ i or, enjoyment therewith. ',may reasooablly he ~te<L to lett fran year to year the subject to' ~tbe following deductions, n~ly:-- (i) such deduction not exceedinq twenty per centum . of the groes- annual tent os the. Mwlicipal ity may consider a reasonable allowances on account of the furniture let with the house or ( i i ) a' deduct, ioo of ten per centum of the balance of the groes annual rent uteJ' allowing the deduction (:if eny) , under sul>4;lawle (1) for coat of repair'S and for all othel' expenses neeeeeery to mamtain the bui'.l()'ing( iR (\ State to coaaand such gross annual rent: (iii) where land is let with a~; buLding. such deduction, not tJxceeding twenty per centua of the gross annual rent • as the Mun'icipHlity may consider reasonable on account of the actual ---------------- THE ANDAMAN AND NlCOBAR EXTRAORDINARY GA;zrrE, DOC" 8, 1994 45 v . " expendi t.ure , (if any) annually mourred by the owner on the' upkeep of the land :In a State to ccamand such gross annual rent . i (c) in the case of any house 0]' building the groes annual rent of which cannot be determined under clause (b) five per p,entwl of the sum \ obtained by adding the estima~ed present, cost of erecting the bui Idinq less such ~lIDOunt as the Municipal i ty may deem- reasonable to be deducted on account of depresation (if any) to the estimated ~ket value of the sitE' and any land aopertainillq to the house of buildjng; Providod that - (i) in the calculation of the annual value of any premises. no account sMll re taken of any machinery theron ; and J, , Iii) where. in the opinion of the Municipality. the annua