Lakshadweep Gazette, No. 38, 03 March 2021

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VOL. LVI. No. 38, THURSDAY, 28th JANUARY, 2021 / 8th MAGHA , 1942 (SAKA)

GOVERNMENT OF INDIA LAKSHADWEEP ADMINISTRATION (DEPARTMENT OF ENVIRONMENT AND FOREST)

Kavaratti Island, Dated : 28-01-2021

NOTIFICATION

F.No.42/3/2018-E&F: In exercise of the powers conferred by the Government of India, Ministry of Home Affairs Notification No.2/7/63-LMA dated 4th February, 1963 and in accordance with the approval of Union Public Service Commission vide Letter F.No.3/32(1)/2020-RR dated 27.11.2020, the Administrator, Union Territory of Lakshadweep hereby makes the following rules regulating the method of recruitment to Group "B" Gazetted, Non-Ministerial posts in the Department of Environment & Forest, Union Territory of Lakshadweep Administration namely;

1. Short title and commencement :- (i) These rules may be called the Lakshadweep Administration, Department of Environment & Forest (Group "B" -Gazetted, Non Ministerial) Recruitment Rules, 2020.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Number of posts, Classification and Scale of Pay :- The number of said posts, their classification and Level in the Pay Matrix attached thereto shall be as specified in columns (2) to (4) of the Schedules annexed to these rules.

3. Method of Recruitment, Age Limit and Qualification etc :- The method of recruitment to the said post, age limit, qualification and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedules.

4. Disqualification :- No person,-

(i) who has entered into or contracted a marriage with a person having a spouse living, or

(ii) who having a spouse living, has entered into or contracted a marriage with any person,

shall be eligible for appointment to the said post:

PRICE : 75 PAISE

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such persons and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of these rules.

5. Power to Relax:- Where the Administrator, Union Territory of Lakshadweep is of the opinion that it is necessary or expedient to do so, he may, by order and with approval of Ministry of Environment Forest & Climate Change, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons except rule 4 of these rules.

6. Saving :- Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Sd/-

(DAMODHAR A.T.,) IFS Secretary (Environment & Forest)

SCHEDULE

RECRUITMENT RULES FOR GROUP-'B' GAZETTED NON-MINISTERIAL POST OF

ASSISTANT CONSERVATOR OF FORESTS IN THE DEPARTMENT OF

ENVIRONMENT AND FOREST, LAKSHADWEEP ADMINISTRATION

1. Name of Post : Assistant Conservator of Forests.

2. Number of post : 3* (Three) 2018*Subject to variation dependent on

workload

3. Classification : General Central Services, Group-'B' Gazetted,

Non-Ministerial

4. Level in Pay Matrix : Pay Level 8 ( Rs. 47600-151100)

5. Whether Selection Post or : Selection

Non Selection Post

6. Age limit for direct recruits : Not Applicable

7. Educational and other : Not Applicable

qualifications required for direct recruits

8. Whether age and : Not Applicable

educational qualification prescribed for direct recruits will apply in the case of promotees

9. Period of probation, if any : Not ApplicableTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 3 10. Method of recruitment : By Promotion whether by direct recruitment, or by promotion or by deputation/ absorption and percentage of the vacancies to be filled by various methods

11. In case of recruitment by : PROMOTION : Range Forest Officer in Department of promotion / deputation/ Environment & Forest, Lakshadweep in Level-7 absorption grades (Rs.44900-142400) in the pay matrix with Two Years from which promotion/ regular service in the grade. deputation/ absorption NOTE:- Where juniors who have completed their to be made qualifying/eligibility service are being considered for

promotion. Their seniors would also be considered provided they are not short of the requisite qualifying/ eligibility service by more than half of such qualifying/ eligibility service, or two years, whichever is less. And have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying / 12. If a Departmental : Group B Departmental Promotion Committee for Promotion Committee considering Promotion, consisting of exists, what is its 1. Secretary (Services) UTL - Chairman composition 2. Conservator of Forests - Member 3. Director (Services) - Member 4. Director (Agriculture) - Member 5. Account Officer (Secretariat) - Member 13. Circumstances in which : Consultation with UPSC not necessary.

UPSC is to be consulted in making recruitment.

Sd/-

(DAMODHAR A.T.,) IFS Secretary (Environment & Forest)

GOVERNMENT OF INDIA LAKSHADWEEP ADMINISTRATION (DEPARTMENT OF ENVIRONMENT AND FOREST)

Kavaratti Island, Dated : 28-01-2021

NOTIFICATION

F.No.42/3/2018-E&F:- In exercise of the powers conferred by the Government of India, Ministry of Home Affairs Notification No.2/7/63-LMA dated 4th February, 1963, and in supersession of the Department of Environment and Forest of Lakshadweep Administration (Group 'C' Technical posts) Recruitment Rules, 2003 (notified vide notification F.No.5/1/2002-E&F dated 11th January 2003) except as respects things done or omitted to be done before such supersession, the Administrator, Union Territory of Lakshadweep hereby makes the following rules regulating the method of recruitment to Group "B" Non- Gazetted, Non-Ministerial posts in the Department of Environment & Forest, Union Territory of Lakshadweep Administration namely;

1. Short title and commencement :- (i) These rules may be called the Lakshadweep Administration, Department of Environment & Forest (Group "B", Non-Gazetted, Non Ministerial) Recruitment Rules, 2018.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Number of Posts, Classification and Scale of Pay :- The number of said posts, their classification and Level in the Pay Matrix attached thereto shall be as specified in columns (2) to (4) of the Schedules annexed to these rules.

3. Method of Recruitment, Age Limit and Qualifications etc:- The method of

recruitment to the said post, age limit, qualification and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedules.

4. Disqualification : No person, -

(i) who has entered into or contracted a marriage with a person having a spouse living, or

(ii) who having a spouse living, has entered into or contracted a marriage with any person,

shall be eligible for appointment to the said post :

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such persons and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of these rules.

5. Power to relax :- Where the Administrator, Union Territory of Lakshadweep is of the opinion that it is necessary or expedient to do so, he may, by order and, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons except rule 4 of these rules.

6. Saving :- Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Sd/-

(DAMODHAR A.T.,) IFS Secretary (Environment & Forest).

SCHEDULE

RECRUITMENT RULES FOR GROUP "B" NON-GAZETTED NON-MINISTERIAL POST

OF RANGE OFFICER IN THE DEPARTMENT OF ENVIRONMENT AND FOREST,

LAKSHADWEEP ADMINISTRATION

1. Name of Post : Range Forest Officer.

2. Number of Post : 9* (Nine) 2018 *Subject to variation dependent on

workload

3. Classification : General Central Services, Group 'B'

Non Gazetted, Non- Ministerial.

4. Level in Pay Matrix : Pay Level 7 ( Rs. 44900 - 142400)

5. Whether Selection Post or : Direct Recruitment : Not applicable.

Non Selection Post Promotion: Non SelectionTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 5 6. Age limit for direct recruits : 18 to 30 years. (Relaxable for SC/ST candidates,

Ex-Servicemen and other special categories of

persons in accordance with the instructions or

orders issued by the Government of India from

time to time)

Note: The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India and not the closing date prescribed for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of J&K State, Lahaul & Spiti District and Pangi Sub-division of Himachal Pradesh or Andaman & Nicobar islands.

7. Educational and other : Essential Qualifications :

qualifications required for 1. Candidate must posses Bachelor's Degree in direct recruits Science or Engineering from any recognized

University with atleast one of the following subjects: (i) Agriculture, (ii) Botany, (iii)Chemistry, (iv) Computer Application /Computer Science, (v) Engineering (Agriculture/ Chemical/ Civil/Computer/Electrical/ Electrical & Electronics/Electronics/ Mechanical), (vi) Environmental Science, (vii) Fisheries, (viii) Forestry, (ix) Geology, (x) Horticulture, (xi)Mathematics, (xii) Physics, (xiii) Statistics, (xiv) Veterinary Science and (xv) Zoology.

2. Physical Standard (Minimum): Male Candidates Female Candidates Height 163 cm 150 cm Chest 84 cm 79 cm Expansion 5 cm 5 3. Candidate shall be selected on the basis of competitive written examination. The merit list shall be prepared on the basis of total marks obtained in written examination. The written examination shall be held in the following manner.

a. General knowledge 100 marks

b. English(Essay and Precise writing etc)100 marks

c. Two optional from among the subjects indicated at 7(1) of this schedule for 100 marks each. The standard of these subjects shall be that of a Bachelor's Degree.

Note: No candidate shall allowed to take more than one subjects of the groups (i) Agriculture, Agriculture Engineering and Veterinary science (ii)Chemistry and Chemical Engineering (iii) Computer applications / Computer science and Computer engineering (iv) Electrical Engineering and Electronics Engineering (v) Mathematics and Statistics.

4. Candidates must pass physical endurance test of 25 km. walk for males and 14 km for females to be completed in 4 hours.

5. Health Certificate: Medical examination of the candidate by a Medical board shall be arranged. The Medical Board shall issue a health certificate and also certify that the candidate is FIT to undertake strenuous outdoor work in the Department of Environment and Forest.

6. Selected candidates on appointment will have to successfully complete two years in service Forestry training in one of the Forest Rangers Colleges sponsored by Govt. of India.

8. Whether age and : Not applicable.

educational qualification prescribed for direct recruits will apply in the case of promotees

9. Period of probation, if any : 2 (two) years.

10. Method of recruitment : 67 % by direct recruitment and 33% by promotion

failing which by direct recruitment

whether by direct recruitment, or by promotion or by deputation/ absorption and percentage of the vacancies to be filled by various methods

11. In case of recruitment by : PROMOTION: From Forester of the Department of promotion/ deputation/ Environment & Forest, Lakshadweep with minimum absorption grades from 6 years of regular service having the minimum which promotion/ educational qualifications as prescribed for the direct deputation/ absorption recruitment of Forester. to be made

12. If a Departmental : 1. Secretary (Services) UTL - Chairman Promotion Committee 2. Conservator of Forests - Member exists, what is its 3. Director (Services) - Member composition 4. Director (Agriculture) - Member. 5. Account Officer (Secretariat) - Member.

13. Circumstances in which : Not applicable.

UPSC is to be consulted in making recruitment.

Sd/-

(DAMODHAR A.T.,) IFS Secretary (Environment & Forest)THE LAKSHADWEEP GAZETTE EXTRAORDINARY 7

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

(SECRETARIAT - SERVICE SECTION)

Kavaratti Island, Dated : 23-01-2021

NOTIFICATION

F.No.12/13/2020-Services/163 : In exercise of the powers conferred by the provision of Article 239 of the Constitution of India, the Government of Union Territory of Lakshadweep is pleased to make following rules to regulate the method of recruitment to all Group "B" and "C" categories of posts under the Administration of Union Territory of Lakshadweep.

PREAMBLE

It aims to "ensure a uniform and transparent process and procedures for recruitment of all Group "B" and "C" categories of posts under the Administration of Union Territory of Lakshadweep through an autonomous body, without disturbing the existing recruitment rules and by making effective use of technology in the recruitment processes and procedures and for ensuring that cumulative outcome of the recruitment is to provide just and fair opportunities to all the candidates and for matters connected therewith or incidental thereto"

1. Short Title and Commencement :-

(1) These rules may be called Union Territory of Lakshadweep Staff Selection Board Rules, 2021.

(2) They shall come into force on the date of their publication in the official gazette of Union Territory of Lakshadweep.

2. Definition :- '

In these rules, unless the context otherwise requires :-

(a) " Government" means the Administrator of the Union Territory of Lakshadweep;

(b) "Staff Selection Board" means Board constituted under Rule-3 of these rules; (here in after referred to as 'Board').

(c) "Department of Services" means the Department of Services of Union Territory of Lakshadweep Administration ;

(d) "Heads of Department" means Heads of Department as declared by the Government from time to time; (e) "Heads of Office" means Heads of Office as declared by the Government from time to time;

(f) "Secretary" means the Secretary of the Board;

(g) "Scheduled Castes" and "Scheduled Tribes" means such castes and tribes as notified by the President of India under Articles 341 and 342, respectively, of the Constitution of India from time to time; and

(h) "Group "B" and "C" categories of Posts" means the posts as indentfied by the Government of India under these categories in the Union Territory of Lakshadweep from time to time.

3. Constitution of Staff Selection Board :

(1) There shall be an autonomous Staff Selection Board in the Union Territory of Lakshadweep.

by the Government from time to time.

(3) The Board shall consist of a Chairman and two Members to be appointed by the Government.

(4) The Advisor to the Hon'ble Administrator of the Union Territory of Lakshadweep Administration shall be the ex-officio Chairman. In case the post of the Advisor to Administrator is vacant, then in such circumstances, the Senior most Secretary of the Union Territory of Lakshadweep Administration would be Ex-Officio Chairman of the Board.

(5) Members shall be appointed from the Secretaries/Departmental Heads by the Government from the Union Territory of Lakshadweep Administration.

(6) The Chairman may Co-opt expert(s) in particular discipline trade for each selection wherever necessary from among the Union Territory Administration officers, Professors of Universities or Academicians or officers of Government of India or of other state or of Public Sector undertakings whether in service or retired and from among other eminent persons having specialized knowledge in the particular discipline/trade.

(7) There shall be a Secretary and such other staff appointed by the Government to assist the Board in its day to day functioning.

(8) The rank of the Chairman and members of the Board shall be such as may be determined by the Government from time to time.

(9) Department of Services shall be the nodal department for the requirements of the Board.

(10) The Chairman of the Board shall exercise all the administrative and financial powers vested in Heads of Department and the Secretary shall function as Head of the Office.

(11) The Board shall conduct the recruitment examination for Group "B" and "C" categories of Posts as mentioned in Rule-4 and ensure the declaration of results of the said examination.

(12) The Board shall formulate a set of regulation to regulate the manner for conducting recruitment examination.

(13) The Board on the basis of the results declared shall recommend suitable candidates to the appointing authority for their appointment on the basis of the requisition made to the Board for various Group "B" and "C" categories of Posts.

(14) The Secretary shall be reponsible under the supervision of the Chairman for carrying out the entire process of conducting the recruitment examinations including appointment of the question setters/examiners, obtaining question papers, keeping them in safe custody, ensuring the identity of the candidates, timely supply of question papers, to the different centers, proper invigilation, safe custody of answer books, tabulation of marks obtained by candidates in such examinations and publishing the results.

4. Direct Recruitment :-

The Board shall conduct direct recruitment through competitive examination or otherwise in respect of all the post of Group "B" and "C" Posts as approved by the Government. Provided that any of the Gazetted/Non-Gazetted posts from Group "B" may be recruited by the Board with due approval of the Competent Authority.

5. Intimation to the Board Regarding Requisition :-

The Head of Offices concerned through their Departmental Secretary shall every year preferably in the month of January intimate the Board indicating their requisition i.e. the number of vacancies including those anticipated in course of the year in the prescribed format.

6. Advertisement of vacancies:- On receipt of intimation of vacancies under Rule-5, the Secretary in consulation with the Chairman shall issue advertisement through giving wide publicity and also in the Union Territory Administration website inviting application from eligible candidates for appearing in the competitive recruitment examination. The application for the competitive examination may be in such form as may be decided by the Board.

7. Eligibility of Candidates :-

A candidate desirous for applying shall have to meet the following criteria's, namely :-

(a) He shall be a citizen of India.

(b) He shall possess requisite qualification prescribed for the post/service in the recruitment rules or instructions for which examination is being conducted.

(c) His age shall not be less than the minimum age limit or more than the maximum limit as prescribed under the recruitment rules of Union Territory of Lakshadweep from time to time or recruitment rules of Government of India as applicable.

Provided that the maximum age limit shall be relaxed by such period and for such category as specified by the Union Territory of Lakshadweep Administration in recruitment rules or Government of India.

(d) He shall be of Good character.

(e) He shall be of sound health, good physique and active habits and free from organic defects or bodily infirmity except the relaxation prescribed for physically handicapped candidate.

(f) He must fulfill any other special condition as may be specified under relevant recruitment rules; and

(g) No person who has more than one spouse living eligible for appearing at the competitive examination.

8. Admission of the Candidate to Examination :-

The decision of the Chairman/Board as to the eligibility or otherwise of a candidate for admission to any examination shall be final.

9. Preference for the Post by the Candidate :-

A candidate is required to indicate the order of preference for the post for which he intends to appear at the combined competitive examination and the service in which he wants to be appointed, if selected, in his application form, in case the Board decides to conduct an examination for common category of posts.

10. Examination Fees and Remuneration to the Examiners :-

(1) No application for admission to any examination shall be considered unless it is accompanied by a Treasury Challan showing payment in the Government Treasury, or by the prescribed mode for the examination fees as specified in the advertisement.

Provided that the candidates belonging to Scheduled Castes and Scheduled Tribes shall be eligible for concession in fees as determinted by the Government/Government of India from time to time.

(2) No claim for refund of fees shall be entertained in any circumstances.

(3) The Board shall decide the rates of remuneration payable to different examiners/ staff/officers/Invigilators engaged in connection with the examination.

(1) Competitive Examination shall be held at a center or centers to be announced by the Board considering the number of the candidates appearing for the said examination.

(2) The date, time and place for the examination shall be intimated to the candidates at least 21 days before the examination and the same shall be published sufficiently ahead in website of the Union Territory Administration.

12. Arrangements for and Conduct of the Examination :-

(1) The Board shall conduct the written examination under guidance and direction of the Chairman.

(2) The Board shall in consultation with the Government, appoint Gazetted Officers and Non Gazetted staff of the Government in order to ensure smooth conduct of the said written examination.

(3) The Board shall have powers for requisitioning the local educational building or the buildings belonging to the Government, Public Sector undertakings or the like for the purpose of conducting the examination.

(4) The examination shall be held preferably on any public holidays so that, the education of the students does not suffer.

(5) The Board shall have powers to appoint required number of Invigilators from among the Gazetted or non-Gazetted staff under jurisdiction of the Government.

(6) The Board shall make necessary sitting arrangements for the candidates admitted for the examination.

(7) The Board shall exercise the powers to recommend any penalty under Rule 18 of these rules. The decision of the Board in this respect shall be final.

(8) The Board shall ensure safe custody and dispatch of all confidential matters relating to the examination.

(9) Whenever necessary the Board may seek advice of the Government, Government may give instructions in the interest of impartiality and fair play in conducting the examination;

(10) Setting of questions and evaluation of the answer papers shall be done centrally.

(11) Invigilators and Supervisors of the written examination shall be appointed from outside the Island concerned as far as practicable.

13. Pattern of Examination :-

The Board shall conduct the recruitment examination as per Syllabus and the pattern of examination as may be decided by them in consultation with the concerned Department of Union Territory of Lakshadweep Administration.

14. Selection of Candidates :-

The following guidelines shall be followed in conducting recruitment to various posts and services by the Board, namely :-

(i) There shall be a written test/online test as prescribed by the Board from time to time.

(ii) In addition to the written test viva-voce/skill/physical test may be decided and conducted by Board if it is satisfied that such test is necessary to select candidates for the post for which examination is held.

(iii) Method of central evaluation of answer papers shall be such as may be decided by the Board.

merit shall be determined in accordance with their seniority in age.

(v) Any other standards and syllabus prescribed by the Government, if any, for any particular post/service from time to time shall be adopted by the Board.

15. Select List and ITS Validity :-

(1) The Board shall prepare the select list of the successful candidates in order of merit on the basis of the recruitment examination which shall be equal to the number of vacancies for which requisitions are received.

(2) The select list shall be published in the notice board and Website of the Union Territory of Lakshadweep Administration in the form of notification under intimation to the appropriate appointing authority if any, specified in the respective recruitment rules.

(3) The select list for each recruitment examination shall be valid for one year from the date of its publication or till the publication of the result of the next recruitment examination whichever is earlier.

(4) A suitable number of candidates will be kept in the reserved panel as per the orders/ instructions/resolutions of the Government of India, as amended from time to time.

16. Allotment of Candidates and Seniority :-

(1) The Board shall allot candidates in the order in which their names appear in the select list to Departments concerned and Heads of Departments as per their vacancy position intimated under Rule-4. At the time of allotment due consideration shall be given to the preference indicated by the candidates in their applications. In case, no preference is exercised by a selected candidate, the allotment of posts shall be done by the Board as per the guidelines prescribed by the Board in this regard.

(2) The relative seniority of a candidate appointed to a post in a particular grade or service by the appointing authority in particular year shall be determined with reference to his position in the select list from which he is appointed.

(3) In case of failure of any selected candidate to join the post, the appointing authority may request the Board for furnishing a supplementary list of the successful candidates and in that case the Board shall furnish a supplementary list of the successful candidates as per guidelines issued by Union Territory Administration/Government of India from time to time.

17. Relaxation :-

Where the Government is of the opinion that, if it is necessary or expedient to do so, they may by order and for reasons to be recorded in writing, relax any of the provisions of these rules as per guidelines and rules issued by Government of India from time to time.

18. Penalty :-

A candidate who is or has been, declared by the Board to be guilty of-

(1) Obtaining support for his candidature by any means; or

(2) Impersonation; or

(3) Procuring impersonation by any person; or

(4) Submitting fabricated documents, or documents which have been tampered with; or (5) Making statements which are incorrect or false or suppressing material information;or (6) Resorting to any other irregular or improper means in connection with his candidature for the examination; or

(7) Adopting unfair means during the examination; orTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 12 (8) writing obscene language or pornographic matter, in the scrips ; or

(9) Misbehaving with fellow examinees or the invigilators in any manner in the examination hall; or (10) Harassing or causing bodily harm to the staff employed/engaged by the Board for the conduct of the examination; or

(11) Violating any of the instructions contained in the admission certificates; or (12) Attempting to commit or, as the case may be, abetting the Board of all or any of the acts specified in the foregoing clauses shall be liable-

(a) To be disqualified by the Board from the examination for which he is candidate; or (b) To be debarred, either permanently or for a specified period-

(i) By the Board, from appearing in any examination or selection held by them; or (ii) By the Administration, from entering to any employment under them; or (c) If he is already in service under Government, to disciplinary action under the appropriate rules;

Provided that no penalty under this rule shall be imposed except after-

(i) Giving the candidate an opportunity of making such representation to the Board in writing within 30 days of such declaration as he may wish to make in that behalf; and

(ii) Taking into consideration the representation, if any, submitted by the candidate within the specified period allowed to him by the Board.

19. Rules not Applicable to Staff of Certain Offices:-

These rules shall not apply to recruitment of the staff of Department/office which are put out of recruitment jurisdiction of the Board.

20. Board Progress Report :- The Board shall submit a detailed progress report every year in the month of December to the Government.

21. Overriding Effect :-

Save as otherwise provided, the provisions of these rules shall have overriding effect on the provision of other recruitment processes and procedures regulating direct recruitment of all Group "B" and "C" categories of the posts notified by the Government from time to time.

22. Interpretation :-

If any question arises relating to the interpretation of these rules, the Board shall referred to the Government of Union Territory of Lakshadweep.

23. Power to Remove Anomalies :-

Notwithstanding anything contained in these rules or other rules for the time being in force, any act or omissions by the Board to give effect to provisions of these rules, taken in public interest/good faith shall be covered under the power to remove any anomaly with the Board.

By Order and in the name of Administrator of U.T. of Lakshadeep

Sd/-

(BHIKA RAM MEENA) Director (Services).

ADMINISTRATION OF THE

UNION TERRITORY OF LAKSHADWEEP

( SECRETARIAT-GENERAL SECTION)

Kavaratti Island,

Dated : 15-01-2021.

NOTIFICATION

F.No. 35/02/2018 -Genl./125 :- Administrator, Union Territory of Lakshadweep is pleased to declare that the holidays specified in the Annexure I & III below shall be observed as Closed Holidays and Restricted Holidays for Union Territory of Lakshadweep Administration during the year, 2021 in all Government Offices under the Administration of Union Territory of Lakshadweep. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him out of the list of Restricted Holidays.

ANNEXURE - I

CLOSED HOLIDAYS FOR LAKSHADWEEP ADMINISTRATION FOR THE YEAR 2021 --------------------------------------------------------------------------------------------------------------------------------- SL. No. HOLIDAYS DATE DAY OF THE WEEK --------------------------------------------------------------------------------------------------------------------------------

01. Republic Day 26-01-2021 Tuesday 02. Holi

29-03-2021 Monday 03. Good Friday 02-04-2021 Friday 04. Ram Navami 21-04-2021 Wednesday 05. Idu'l Fitr*

13-05-2021 Thursday 06. Idu'l Zuha (Bakrid)* 20-07-2021 Tuesday 07. Independence Day 15-08-2021 Sunday 08. Muharram* 18-08-2021 Wednesday 09. Onam or Thiru Onam day 21-08-2021 Saturday 10. Janmashtami (Smarta) 30-08-2021 Monday 11. Mahatma Gandhi's Birthday 02-10-2021 Saturday 12. Dussehra 15-10-2021 Friday 13. Milad-Un-Nabi 18-10-2021 Monday ( Birthday of Prophet Mohammed)*

14. Diwali (Deepavali) 04-11-2021 Thursday 15. Gurunak's Birthday 19-11-2021 Friday 16. Christmas Day 25-12-2021 Saturday ---------------------------------------------------------------------------------------------------------------------------------

Note : The following day has not been notified as general holiday as it fall on Sunday --------------------------------------------------------------------------------------------------------------------------------

01. Ramazan 27* 09-05-2021 Sunday ---------------------------------------------------------------------------------------------------------------------------------

Note : (1) All Saturdays and Sundays are closed holidays.

(2) * Subjected to appearance of moon.

ANNEXURE - III

01-01-2021 Friday 13-01-2021 Wednesday RESTRICTED HOLIDAYS FOR UNION TERRITORY OF LAKSHADWEEP ADMINISTRATION FOR THE YEAR - 2021 --------------------------------------------------------------------------------------------------------------------------------- SL. No. HOLIDAYS DATE DAY OF THE WEEK --------------------------------------------------------------------------------------------------------------------------------- 1. New Year's Day 2. Lohri 3. Makar Sankaranti/Magha Bihu/Pongal 14-01-2021 Thursday 4. Guru Gobind Singh's Birthday 20-01-2021 Wednesday 5. Basant Panchami/Sri Panchami 16-02-2021 Tuesday 6. Shivaji Jayanthi 19-02-2021 Friday 7. Hazarat Ali's Birthday 26-02-2021 Friday 8. Guru Ravidas's Birthday 27-02-2021 Saturday 9. Swami Dayananda Saraswati Jayanti 08-03-2021 Monday 10. Rajab 27 / Mahashivarathri 11-03-2021 Thursday 11. Holika Dahan/Dolyatra 28-03-2021 Sunday 04-04-2021 Sunday 12. Easter Sunday

13. Chaithra Sukladi/Padava/Ugadi/ 13-04-2021 Tuesday Cheti Chand/Vaisakhi/Vishu

14. Mesadi Tamil New Year's Day 14-04-2021 Wednesday 15. Vaisakhadi (Bengal)/ 15-04-2021 Thursday Bahag Bihu (Assam)

25-04-2021 Sunday 07-05-2021 Friday

05-11-2021 Friday 06-11-2021 Saturday 16. Mahavir Jayanti 17. Jamat-ul-Vida 18. Guru Rabindranath's Birthday 09-05-2021 Sunday 19. Buddha Purnima 26-05-2021 Wednesday 20. Rath Yatra 12-07-2021 Monday 21. Parsi New Year's day/Nauraj 16-08-2021 Monday 22. Raksha Bandhan 22-08-2021 Sunday 23. Vinayaka Chaturthi/Ganesh Cheturthi 10-09-2021 Friday 24. Dussehra (Saptami) 12-10-2021 Tuesday 25. Dussehra ( Maha Saptami) 13-10-2021 Wednesday 26. Dussehra (Mahanavami) 14-10-2021 Thursday 27. Maharshi Valmiki's Birthday 20-10-2021 Wednesday 28. Karaka Chathurthi ( Karva Chauth) 24-10-2021 Sunday 29. Naraka Chaturadsi 03-11-2021 Wednesday 30. Govardhan Puja 31. Bhai Duj 32. Pratihar Sashthi or Surya Sashthi 10-11-2021 Wednesday (Chhat Puja)

24-12-2021 Friday 33. Guru Teg Bahadur's Martydom Day 24-11-2021 Wednesday 34. Christmas Eve ---------------------------------------------------------------------------------------------------------------------------------

Sd/-

(BHIKA RAM MEENA, DANIC)

Director

( General Administration & Protocol).

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

( SECRETARIAT-SERVICE SECTION)

Kavaratti Island, Dated : 23-01-2021.

NOTIFICATION

F.No. 12/01/2021 -Services (3)/158 :- The Administrator, Union Territory of Lakshadweep is pleased to order with immediate effect that Shri. Damodhar A.T., IFS, (AGMUT:2008) Con- servator of Forests shall also as Secretary, Lakshadweep Administration hold the charge of subjects Environment and Forest, Science and Technology, Agriculture, Fisheries, Animal Husbandry, Panchayat, Rural Development, Industries and Commerce and Cooperation.

/ By Order of the Hon'ble Administrator/

Sd/- ( A. ANBARASU)

Advisor to Hon'ble Administrator.

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

( SECRETARIAT-SERVICE SECTION)

Kavaratti Island, Dated : 23-01-2021.

NOTIFICATION

F.No. 12/01/2021 -Services(4)/159 :- The Administrator, Union Territory of Lakshadweep is pleased to order the following changes in the re-allocation of subjects among DANICS officers with immediate effect :

(1) Shri. O.P. Mishra, DANICS-1995 is posted as Special Secretary, Lakshadweep Administration in the subjects, Agriculture, Fisheries, Animal Husbandry, Rural Development, Panchayat and Cooperation.

(2) Smt. Sonika Singh, DANICS-1997 is posted as Special Secretary (Coordination) Lakshadweep Administration. The officer shall also hold the additional charge of General Manager, Lakshadweep Development Corporation Ltd.

(3) Shri. Sushil Singh, DANICS-2002 is posted as Special Secretary Lakshadweep Administration in the subjects, Information and Publicity, Power (including New and Renewable Energy), Legal, Labour and Employment, Civil Supplies and Consumer Affairs.

(4) Shri. Bhika Ram Meena, DANICS-2013 is posted as Director General Administration and Protocol and Chief Protocol Officer and shall continue to hold the additional charge of Registrar of Co-Operative Societies.

(5) Dr. Atul Pandey, DANICS-2014 is posted as Director (Services). He shall hold the additional charge of Joint Chief executive Officer-Smart City and joint Secretary (Urban Development and Town Planning).

(6) Shri. Ankit Kumar Aggarwal, DANICS-2015 Administrative Officer, Kochi shall also hold the additional charge of Administrative Officer, Mangalore.

(7) Shri. Rakesh Singhal, DANICS-2015 Director (Education) holding the additional charge of Director (Rural Development) shall also hold the additional charge of Joint Secretary (PWD).

/ By Order of the Hon'ble Administrator/

Sd/- ( A. ANBARASU)

Advisor to Hon'ble Administrator.

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

( SECRETARIAT-SERVICE SECTION)

Kavaratti Island, Dated : 23-01-2021.

NOTIFICATION

F.No. 12/01/2021 -Services(1)/156 :- The Administrator, Union Territory of Lakshadweep is pleased to order the following changes in the re-allocation of subjects among the IAS officers with immediate effect :

(1) Shri. Anbarasu, IAS, ( AGMUT : 1996) Advisor to the Administrator, Union Territory of Lakshadweep shall also as Principal Secretary, Lakshadweep Administration hold charge of the subjects, Services, Home and Vigilance, Town Planning and Urban Development, Finance, Planning Statistics and Excise and Taxation. He shall also additionally hold the charges of Chairman (Lakshadweep Development Corporation Ltd.), Chairman (Pollution Control Committee), Chairman (Coastal Zone Management Authority) and Chairman (Smart City).

(2) Shri. Vijendra Singh Rawat, IAS, ( AGMUT : 2007) Secretary, Lakshadweep Administration shall hold the charge of subjects Revenue, Survey and Settlement and Disaster Management, Public Works, Electricity (including New and Renewable Energy), Health and AYUSH, Transport, Labour and Employment, Legal, Social Welfare, Women and Child Development and Tribal Development and Art and Culture.

(3) Shri. Shivkumar, IAS, ( AGMUT : 2008) Secretary, Lakshadweep Administration shall hold the charge of subjects Port Shipping and Civil Aviation, Food and Civil Supplies, GAD and Protocol, Information Technology, Tourism, Education. He shall also additionally hold the charges of Chairman (LTDC) and Chairman (SPORTS).

(4) Shri. S. Asker Ali, IAS, ( AGMUT : 2016) Collector-cum District Magistrate, shall additionally as Secretary, Lakshadweep Administration hold the charge of the subjects, Sports and Youth Affairs and Information and Public relation. He shall also additionally hold the charges of Director (Tourism), Managing Director (SPORTS) and Managing Director (LTDC), Commissioner (VAT and Excise) and Chief Executive Officer (Smart City).

/ By Order of the Hon'ble Administrator/

Sd/- ( A. ANBARASU)

Advisor to Hon'ble Administrator.

GOVERNMENT OF INDIA

LAKSHADWEEP ADMINISTRATION

( SECRETARIAT-SERVICE SECTION)

Kavaratti Island, Dated : 23-01-2021.

NOTIFICATION

F.No. 12/01/2021 -Services(2)/157:- The Administrator, Union Territory of Lakshadweep is pleased to order the following changes in the re-allocation of subjects among the IPS officers with immediate effect :

(1) Shri. Sachin Sharma, IPS, ( AGMUT : 2014) is posted as Commandant, IRBn. He shall also additionally hold the charges of Managing Director (Lakshadweep Development Corporation Ltd.) and Director (Port, Shipping and Aviation and IT/LITSS).

(2) Shri. Amit Varma, IPS, ( AGMUT : 2016 is posted as Superintendent of Police (Head Quarters, Special Branch, ACB, Jail). He shall also additionally hold the charge of Director (Transport).

/ By Order of the Hon'ble Administrator/

Sd/- ( A. ANBARASU)

Advisor to Hon'ble Administrator.

MINISTRY OF LAWAND JUSTICE

(LEGISLATIVE DEPARTMENT)

(New Delhi)

THE LAKSHADWEEP PREVENTION OF

ANTI-SOCIAL ACTIVITIES REGULATION, 2021.

Promulgated by the President in the Seventieth Year of

Republic of India.

(DRAFT)

A Regulation to provide for preventive detention of bootleggers, dangerous persons, drug offenders, immoral traffic offenders, property grabbers, cyber offenders, money lending offenders, Cruel Persons, depredators of environment and sexual offenders for preventing their anti-social and dangerous activities prejudicial to the maintenance of public order.

In exercise of the powers conferred by article 240 of the Constitution, the

President is pleased to promulgate the following Regulation made by him: -

Short title,

extent and 1. (1) This Regulation may be called the Lakshadweep Prevention of Anti-social Activities Regulation, 2020.

commencement.

(2) It extends to the whole of the Union Territory of Lakshadweep.

(3) It shall come into force at once.

Definitions.

2. In this Regulation, unless the context otherwise requires,-

(a) "administrator" means the Administrator of the Union 239 of the Constitution;

(b)"advisory board" means an advisory board constituted under section 9 .

(c) "authorised officer" means a District Magistrate authorised under sub-section (2) of section 3 to exercise the powers conferred under sub-section (1) of that section;

(d) "bootlegger" means a person who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the Lakshadweep Prohibition Regulation, Regulation,1979 and the and orders made there under, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support the doing of any of the things described above by or through any person, or who abets in any other manner the doing of any such thing;

(e) "cruel person" means a person, who either by himself or as a member or leader of a gang, habitually commits or attempts to commit or abets the commission of an offence punishable under the Prevention of Cruelty to Animal Act, 1960.

21 of 2000. (f) "cyber offender" means a person who commits or attempts to commit or abets the commission of offence punishable under Chapter XI of the Information Technology Act, 2000;

XLV of 1860

54 of 1959

(g) "dangerous person" means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets theTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 19 commission of any of the offences punishable under Chapter VIII or Chapter XVI (except section 354, 354A, 354B, 354C, 354D, 376, 376-A, 376-B, 376-C, 376-D or 377) or Chapter XVII or Chapter XXII of the Indian Penal Code or any of the offences punishable under chapter V of the Arms Act, 1959;

(h) "detention order" means an order made under section 3;

(i) "detenu" means a person detained under a detention order;

(j) " depredator of environment" means a person who, by any direct act by which he derives pecuniary or commercial benefits, commits an offence under any law relating to protection of environment or under any law relating to sand mining from any place, or who commits or abets the commission of offences punishable under any law relating to conservation of forests or wild life;

XXIII of 1940 (k) "drug offender" means a person who:

(i) imports any drug in contravention of section 10 of the Drugs and Cosmetics Act, 1940 (hereinafter in this definition referred to as "the Drugs Act"),

(ii) manufactures for sale, or sells, or stocks or exhibits for sale, or distributes any drug in contravention of section 18 of the Drugs Act,

(iii) manufactures for sale any Ayurvedic (including Siddha) or Unani drug in contravention of section 33D of the Drugs Act,

(iv) sells, or stocks or exhibits for sale or distributes any Ayuryedic (including Siddha) or Unani drug other than that manufactured by a manufacturer licensed under Chapter IV-A, in contravention of section 33E of the Drugs Act,

61 of 1985.

(v) cultivates any coca plant, opium poppy, or cannabis plant or produce, manufactures, possesses, sells, purchases, transports, ware- houses, imports inter-State, exports inter-State, imports into India, exports from India or tranships any narcotic drug or psychotropic substance in contravention of section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(vi) knowingly expends or supplies any money in furtherance or support of the doing of any of the things mentioned in any of the sub-clauses (i) to (v) by or through any other person, or

(vii) abets in any manner the doing of any of the things mentioned in any of the sub-clauses (i) to (vi);

104 of 1956.

(m) "immoral traffic offender "means a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic (Prevention) Act, 1956;

(n) "money lending offender" means a money lender or any person engaged by the money lender or someone acting on his behalf, who uses or threatens to use physical violence directly or otherwise or through any person against any person for the purpose of collecting any part of the loan or interest thereon or any installment thereof or for taking any movable or immovable property connected with the loan transaction or the realization of whole or part of the loan amount or interest thereon;

Guj. 14 of 2011. (o) "property grabber" means a person who illegally takes possession of any lands not belongin g to himself but belonging to Government, local authority or any other person or enters into or creates illegal tenancies or leave and licence agreements or any other agreements in respect of such lands or who constructs unauthorised structures thereon for sale or hire or20 THE LAKSHADWEEP GAZETTE EXTRAORDINARY gives such lands to any person on rental or leave and licence basis for construction or use and occupation of unauthorised structures or who knowingly gives financial aid to any person for taking illegal possession of such lands or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupiers of such lands rent, compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure or who abets in any manner the doing of any of the above mentioned things;

45 of 1860.

32 of 2012.

(p) "sexual offender" means a person, who commits or attempts to commit or abets the commission of any offence punishable under section 354, 354A, 354B, 354C, 354D, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian Penal Code or the Protection of Children from Sexual Offences Act, 2012;

Regulation No.6

of 1965 (q) "unauthorised structure" means-any structure constructed in any area without express permission in writing of the officer or authority having jurisdiction in such area requited under the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965 and rules made there under or except in accordance with any other law for the time being in force in such area.

(r) "common gaming house keeper" means a person who commits or attempts to commit or abets the commission of an offence punishable against the provisions of Gambling Act Prevailing in U.T of Lakshadweep.

Power to make orders detaining certain persons.

3. (1) The Administrator may if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained.

(2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limit of the jurisdiction of the District Magistrate, the Administrator is satisfied that it is necessary so to do, he may, by order in writing, direct that the District Magistrate, may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section.

(3) When any order is made under this section by an authorised officer he shall forthwith report the fact to the Administrator, together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the Administrator.

(4) For the purpose of this section, a person shall be deemed to be "acting in any manner prejudicial to the maintenance of public order" when such person is engaged in or is making preparation for engaging in any activities whether as a bootlegger or cruel person or dangerous person or drug offender or immoral traffic offender or property grabber or cyber offender or money lending offender or depredator of environment or sexual offender, which affect adversely or are likely to affect adversely the maintenance of public order.

Explanation.-For the purpose of this sub-section, public order shall be deemed to have been affected adversely or shall be deemed likely to be affected adversely inter alia if any of the activities of any person referred to in this sub-section directly or indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health.

detention

order.

4. A detention order may be executed at any place in the Union Territory of Lakshadweep in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973.

5. Every person in respect of whom a detention order has been made shall be liable.

Power to regulate place and conditions of detention.

(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the Administrator may, by general or special order, specify; and

(b) to be removed from one place of detention to another place of detention, within the Union Territory of Lakshadweep by order of the Administrator.

Grounds

of detention

severable.

6. Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each ground and accordingly-

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-

(i) vague, (ii) non-existent, (iii) not-relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever,

and it is not, therefore, possible to hold that the Administrator or the officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;

(b) the Administrator or the officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.

Powers in

of 1974 relation to

absconding

persons.

7. (1) If the Administrator or any authorised officer has reason to believe that a person in respect of whom a detention order has been made has absconded, or is concealing himself so that the order cannot be executed, then the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect of such person and his property, subject to the modifications mentioned in this sub-section and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the Administrator, and officer, not below the rank of a District Magistrate authorised by the Administrator in this behalf, or where the detention order is made by an authorised officer, the authorised officer, as the case may be, shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under sections 82, 83, 84 and 85 of the said Code for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the Union Territory of Lakshadweep and for taking any other action under the said sections. An appeal from any order made by any such officer rejecting an application for restoration of attached property shall lie to the Court of Sessions having jurisdiction in the place where the said person ordinarily resides, as provided in section 86 of the said Code.

(2) (a) Notwithstanding anything contained in sub-section (1), if the Administrator or an authorised officer has reason to believe that person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Administrator or the officer, as the case may be, may by order notified in the Official Gazette, direct the said person to appear before such officer, at such place and within such period as may be specified in the order.

(b) Where such person fails to comply with such order, then unless he proves that it was not possible for him to comply therewith, and that he had, within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to so inform the officer mentioned in the order, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Grounds of order

of detention to

be disclosed to

detenu.

8. (1) When a person is detained in pursuance of a detention order the authority making the order shall, as soon as may be, but not latter than seven days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Administrator.

(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

Constitution of

Advisory

9. (1) The Administrator shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Regulation.

Boards

(2) Every such Board shall consist of a Chairman, and two other members who are, or have been, Judges, of any High Court or who are qualified under the Constitution of India to be appointed as Judges of a High Court:

Provided that the Chairman of such Board shall be a person who is, or has been, a Judge of a High Court.

Reference to

Advisory Board.

10. In every case where a detention order has been made under this Regulation the Administrator shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by him under section 9 the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and where the order has been made by an authorised officer, also the report made by such officer under sub-section (3) of section 3.

Procedure of

Advisory Board.

11. (1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the Administrator or from any person called for the purpose through the Administrator or from the detenu and if, in any particular case, the Advisory Board considers it essential so to do or if the detenu desires to be heard, after hearing the detenu in person, submit its report to the Administrator, within seven weeks from the date of detention of the detenu.

(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the detenu. (3) When there is a difference of opinion among the members forming the Advisory Board the opinion of the majority of such members shall be deemed to be the opinion of the Board.

(4) The proceedings of the Advisory Board and its report excepting that part of the report in which the opinion of the Advisory Board is specified shall be confidential.

(5) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board.

Action upon

report of

Advisory Board.

12. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of the detenu, the Administrator may confirm the detention order and continue the detention of the detenu for a period, not exceeding the maximum period prescribed by section 13 as he thinks fit.

(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Administrator shall revoke the detention order and cause the detenu to be released forthwith.

Maximum

period

of detention.

13. The maximum period for which any person may be detained in pursuance of any detention order made under this Regulation which has been confirmed under sub-section (1) of section 12, shall be one year from the date of detention.

14. No detention order shall be invalid or inoperative merely by reason-

Detention orders not to be invalid or inoperative on certain grounds.

(a) that the person to be detained thereunder, though, within the Union Territory of Lakshadweep, is outside the territorial jurisdiction of the authorised officer making the order, or

(b) that the place of detention of such person though, within the Union Territory of Lakshadweep, is outside the said limits.

Revocation of

detention

orders.

15. (1) Without prejudice to the provisions of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time for reasons to be recorded in writing, be revoked or modified by the Administrator, notwithstanding that the order has been made by an authorised officer.

(2) The expiry or revocation of a detention order (hereinafter in this sub- section referred to as "the earlier detention order") shall not bar the making of another detention order (hereinafter in this sub-section referred to as "the sub- sequent detention order") under section 3 against the same person:

Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall in no case extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.

Temporary

release of

persons

detained.

16. (1) The Administrator may, at any time, for reasons to be recorded in writing, direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

(2) In directing the release of any detenu under sub-section (1), the Administrator may require him to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction. (3) Any detenu released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.

(4) If any detenu fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall on conviction, be punishedTHE LAKSHADWEEP GAZETTE EXTRAORDINARY 24 with imprisonment for a term which may extend to two years, or with fine, or with both.

(5) If any detenu released under sub-section (1) fails to fulfill any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

Punishment for

concealing

persons ordered

to be detained

17. Whoever, knows or has reason to believe that an order against any person has been made under section 3, harbours or conceals such person, shall, on conviction, be punished with imprisonment for a term which shall not be less than three months but may extent to one year, and shall also be liable to fine which may extent to one thousand rupees.

Power to enter

and search

18. (1) The Administrator or the authorised officer may, by general or special order, empower any police officer to enter and search any place and dwelling house, stop and search any vessel, vehicle or animal, and may seize anything which he has reason to believe, has been, is being, or is about to be, used for any activities referred in clauses (d),(e), (f), (g), (j),(k), (m),(n), (o), (p) , (q) and (r) of section 2.

* (2) Any officer empowered under sub-section (1) shall forthwith report to the Administrator or the authorised officer in detail any seizure made by him and till the receipt of their orders, may detain in custody anything so seized or take such other steps for its safe custody, as he may think fit.

(3) The Administrator or the authorised officer may make such order as they deem fit, for the disposal of anything seized under subsection (1), by destruction, confiscation or in such other manner, as they may direct.

Protection of

action taken in

good faith.

19.No suit, prosecution or other legal proceeding shall lie against the Administrator or any officer or person, for anything in good faith done or intended to be done in pursuance of this Regulation.

Offences to be

cognizable and

non-bailable

20. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences and willful violations of lawful orders made under this Regulation shall be cognizable and non-bailable.

Power to make rules

21. The Administrator may make rules, not inconsistent with this Regulation, for carrying out the purposes of this Regulation.

65 of 1980.

Matters within

the purview of

this Regulation

to be dealt with

under this

Regulation

only.

22. On and after the commencement of this Regulation, no order of detention under the National Security Act, 1980 shall be made by the Administrator or any officer subordinate to it, in respect of any bootleggers, dangerous persons, drug offenders, immoral traffic offenders, property grabbers, cyber offenders, cruel person, money landing offenders, depredators of environment and sexual offenders in the Union Territory of Lakshadweep on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, in so far as an order under this Regulation, could be made for detention of such person.

LGP.Kvt. G-2059/2-21/100