REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II- Section 1
PUBLISHED BY AUTHORITY
No. 4 ] NEW DELHI , MONDAY , MARCH 23 , 1964 / CHAITRA 3 , 1886
Separate paging is given to this Part in order that it may be filled as a separate compilation
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 23rd March , 1964 / Chaitra 3 , 1886 ( Saka )
THE ANDAMAN AND NICOBAR ISLANDS ( MUNICIPAL BOARDS ) AMENDMENT REGULATION , 1964
NO . I OF 1964
Promulgated by the President in the Fifteenth Year of the Republic of India .
A Regulation further to amend the Andaman and Nicobar Islands ( Municipal Boards ) Regulation , 1957 .
In exercise of the powers conferred by article 240 of the Constitution , the President is pleased to promulgate the following Regulation made by him: -
1. ( 1 ) This Regulation may be called the Andaman and Nicobar Short title Islands ( Municipal Boards) Amendment Regulation , 1964 . and ccm- mencement .
(2) It shall come into force at once .
1
of section 9 .
2. In section 9 of the Andaman and Nicobar Islands ( Municipal Amend-inent of 1957. Boards ) Regulation , 1957 ( hereinafter referred to as the principal Regulation ) ,-
(a) in sub - section ( 1 ) , for the words " three years " , the words " four years" shall be substituted;
(b ) to sub- section (1 ) as so amended , the following proviso shall be added at the end , namely:-
"Provided that an elected or nominated member holding office at the commencement of the Andaman and Nicobar
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Islands ( Municipal Boards ) Amendment Regulation , 1964 , shall retain such office for a further period of one year from the date on which , but for this proviso , he would have ceased to hold the office ." ;
(c) after sub- section ( 1 ) as so amended , the following sub- section shall be inserted , namely : -
" ( 14) Notwithstanding anything contained in sub -section (1) , the Chief Commissioner may , if he is satisfied that in order to avoid administrative difficulty it is necessary to do so , by notification extend the term of office of the members as a whole by such period or periods , not exceeding one year in the aggregate , as may be specified in the notification. " .
3. In section 15 of the principal Regulation , in sub- section ( 1 ) , the words , brackets and figure " sub- section ( 1) of" shall be omitted .
Amend- ment of section 15.
4. In section 16 of the principal Regulation , in sub - section ( 1 ) , the words , brackets and figure " sub - section ( 1 ) of" shall be omitted .
Amend- ment of section 16.
5. After section 27 of the principal Regulation, in Chapter III , the following section shall be inserted , namely: -
Insertion of new section 27A .
" 27A . If any municipal officer or servant knowingly acquires , directly or indirectly , by himself or by a partner or employer or servant, any share or interest in any work done for the Board, or in any contract or employment with , by , or on behalf of , the Board , he shall be deemed to have committed an offence under section 168 of the Indian Penal Code :
45 of 1900 .
Penalty for acquisition by muni- cipal offi- cer or servant of Interest in contract or work.
Provided that no person shall , by reason of being a share- holder in , or a member of , any company , be held to be interested in any contract entered into between such company and the Board ." .
Amend- ment of section 29.
6. In section 29 of the principal Regulation, in clause ( ii ) of the first proviso to sub - section ( 2 ) , the words " and illegal " shall be omitted.
7. In section 30 of the principal Regulation , in sub - section ( 1 ) ,- Amend- ment of Section 30.
(i ) in clause ( c) , the words " to whipping or " shall be omitted; ( in) for clause ( d ) , the following clause shall be substituted , namely:-
" (d) if he has , directly or indirectly , any share or interest in any work done for the Board , or in any contract or employ- ment , with , by , or on behalf of, the Board :
Provided that no person shall be deemed to have a share- SEC. 1 ]
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or interest in any such work , contract or employment by reason only of his-
(i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board, or
( ii ) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted , or
( iii ) having a share or interest in any lease , sale , exchange or purchase of immovable property or any agreement for the same , ог
( iv) having a share or interest in the occasional sale to the Board , to a value not exceeding two thousand
rupees in any one financial year , of any article in which he trades ; ".
Amend- ment of section 31 .
8. In section 31 of the principal Regulation , in clause ( a ) of sub- section ( 1 ) , the words " or illegal " shall be omitted.
9. In section 32 of the principal Regulation, ----
Amend- ment of section 32.
(a) in sub- section ( 1 ) , the brackets and figure " (1 ) " shall be omitted , and in clause ( v ) , for the words and figures " sections 123 and 124 " , the word and figures " section 123 " shall be substituted ;
(b) sub - section ( 2 ) shall be omitted .
Amend- ment of section 37.
10. In section 37 of the principal Regulation , in sub- section ( 1 ) , the words " or illegal shall be omitted.
Amend- ment of section 38 .
11. In section 38 of the principal Regulation, the words " or illegal " shall be omitted .
ment of 12. In section 54 of the principal Regulation , in sub -section ( 1 ) , Amend- after the words " delegate to one or more of its members" , the words section 54 . "or to the Secretary of the Board " shall be inserted .
Amend- ment of section 55.
13. In section 55 of the principal Regulation , in the proviso to sub-section ( 1 ) , after the words " or signatures of the member or members' , the words " or the signature of the Secretary " shall be inserted .
14. In section 71 of the principal Regulation , for clause ( 1 ) of Amend- sub- section ( 5 ) , the following clause shall be substituted , namely: -
ment of section 71 .
" ( i ) give his approval to the resolution after making any change in its form which appears to him to be necessary; or" .
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15. Section 187 of the principal Regulation shall be omitted .
ecoction Omission of 187 .
16. In section 188 of the principal Regulation , after sub - section ( 2 ) , the following sub- section shall be inserted , namely : -
Amend- ment section 188. of
"( 3 ) Every case in which the powers conferred by this section are exercised by the Deputy Commissioner shall be forthwith reported by him to the Chief Commissioner , with the reasons in full for the exercise of such powers , and a copy of the report shall at the same time be sent to the Board for information . " .
17. In section 190 of the principal Regulation , the words and ligures " section 187 or " shall be omitted.
Amend- ment of section 190.
18. After section 191 of the principal Regulation , the following section shall be inserted , namely : -
new Insertion of section 191 A.
" 191A . The Chief Commissioner may , by order in writing-
to Power suspend or cancel re- solutions . etc
( i ) suspend or cancel any resolution passed , order issued . or licence or permission granted , or
(ii) prohibit the doing of any act which is about to be done or is being done ,
in pursuance or under colour of this Regulation , if, in his opinion,-
(a ) such resolution , order , licence , permission or act has not been legally passed , issued , granted or authorised, or
(b ) such resolution , order , licence , permission or act is in excess of the powers conferred by this Regulation or any other law , or
(c) the execution of such resolution or order , the conti- nuance in force of such licence or permission or the doing of such act is likely to cause danger to human life , health or safety , or is likely to lead to a riot or an affray:
Provided that the Chief Commissioner shall before taking action under this section on any of the grounds referred to in clauses (a ) and ( b ) give the authority or person concerned opportunity for explanation." . an SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
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19. In section 195 of the principal Regulation , after sub- section (3) , the following sub- section shall be inserted, namely : -
Amend- ment of section 195,
" ( 3A) The Chief Commissioner may , in confirming a bye - law , make any change in its form which appears to him to be necessary." .
S. RADHAKRISHNAN , President .
R. C. S. SARKAR , Secy . to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED DY THE MANAGER OF PUBLICATIONS , DELHI , 1964