VOL. LVI. No. 38, THURSDAY, 28th JANUARY, 2021 / 8th MAGHA , 1942 (SAKA)
PRICE : 75 PAISE
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:
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
2
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 Applicable
THE 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;
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
4
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 Selection
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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.
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6
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
whether by direct
failing which by direct recruitment
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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
8
(2) The headquarters of the Board shall be located at such place as may be determined
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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
9
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.
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10
11. Competitive 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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
11
(iv) If two or more candidates have obtained equal marks in the aggregate, the order of
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; or
THE 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).
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13
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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
14
ANNEXURE - III
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
01-01-2021
Friday
2.
Lohri
13-01-2021
Wednesday
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
12.
Easter Sunday
04-04-2021
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
BahagBihu (Assam)
16.
Mahavir Jayanti
25-04-2021
Sunday
17.
Jamat-ul-Vida
07-05-2021
Friday
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
05-11-2021
Friday
31.
Bhai Duj
06-11-2021
Saturday
32.
Pratihar Sashthi or Surya Sashthi
10-11-2021
Wednesday
(Chhat Puja)
33.
Guru Teg Bahadur’s Martydom Day
24-11-2021
Wednesday
34.
Christmas Eve
24-12-2021
Friday
---------------------------------------------------------------------------------------------------------------------------------
Sd/-
(BHIKA RAM MEENA, DANIC)
Director
( General Administration & Protocol).
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
15
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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
16
(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).
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
17
(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.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
18
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: -
1. (1) This Regulation may be called the Lakshadweep
Prevention of Anti-social Activities Regulation, 2020.
(2) It extends to the whole of the Union Territory of Lakshadweep.
(3) It shall come into force at once.
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.
(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;
(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 the
Short title,
extent and
commencement.
Definitions.
21 of 2000.
XLV of 1860
54 of 1959
THE 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;
(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,
(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);
(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;
(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 or
XXIII of 1940
61 of 1985.
104 of 1956.
Guj. 14 of 2011.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
20
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;
(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;
(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.
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.
45 of 1860.
32 of 2012.
Regulation No.6
of 1965
Power to make
orders detaining
certain persons.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
21
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.
(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.
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.
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 of 1974
Execution of
detention
order.
Power to
regulate
place and
conditions
of detention.
Grounds
of detention
severable.
Powers in
relation to
absconding
persons.
of 1974
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
22
(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.
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.
9. (1) The Administrator shall, whenever necessary, constitute one or more
Advisory Boards for the purposes of this Regulation.
(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.
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.
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.
Grounds of order
of detention to
be disclosed to
detenu.
Constitution of
Advisory
Boards
Reference to
Advisory Board.
Procedure of
Advisory Board.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
23
(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.
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.
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-
(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.
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.
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 punished
Action upon
report of
Advisory Board.
Maximum
period
of detention.
Detention
orders not to
be invalid or
inoperative
on certain
grounds.
Revocation of
detention
orders.
Temporary
release of
persons
detained.
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
24
LGP.Kvt. G-2059/2-21/100
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.
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.
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.
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.
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.
21. The Administrator may make rules, not inconsistent with this Regulation,
for carrying out the purposes of this Regulation.
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.
Punishment for
concealing
persons ordered
to be detained
Power to enter
and search
Protection of
action taken in
good faith.
Offences to be
cognizable and
non-bailable
Power to
make rules
Matters within
the purview of
this Regulation
to be dealt with
under this
Regulation
only.
65 of 1980.