( 1) All notices, orders and other documents required by this Regula tion or any rule made thereunder to be sarved upon any person shall, save as otherwise provided in this Regulation or such rule. be deemed to be duly served-
(a) where the parson to be served is a company, if the document is addre· ssed to the Secretary of the company at its registered office or at its principal office or place of business and is either- Mode of recovery of money due to Town Planner.
Servleeot notices, etc.
.• ···'· - - ........ ... ... _j.,, ......
8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE. DECEMBER 19, 1994 -·---- (i) sent by registered post, or :·i
(ii) delivered at the registered office or at the principal office or place of business of the company ;
(b) where the person to be served is a partnership firm, if the document is addressed to the firm al.its principal place of business, identifying i1 by the aame or style under which its business is carried on, and is either- ( I) sent by registered post, or
(ii) delivered at the said place of business ;
(c) where the person to be served is a public body, corporation society or other body, if the document is addressed to the secretary, treasurer or other officer incharge of that body, corporation or society at its principal office, and is either-
(i) sent by registered post, or
(ii) delivered at that office ;
(d) in any othsr case, if the document is addressed to served and-
(i) is given or tendered to him, or the person to be'· .,
(li) if such person cannot be found, is affixed on some conspicuous ;
part of his last known place of residence or business, cr is given or tendered to some adult member of his family or is affixed on. some conspicuous part of the land or building to which it relates, or
(iii) is sent by registered post to that person.
I' , ' :.
(2) Any docume.1t which is required or au:t.horlsed tO. be ser.ved· on~.·l the ownsr or occupier ot any land or building may be. addressed "the noif · · · .. ' o.wner•~ or "the occupleru, as .the.case may be, of:- that land or bu.Jidlng · :·:~'··"''' .. (narning that land.or building) ·.vithout any further name ·or descriptlol'l.·· and shall be deemed to be duly served-·
(a)· if the document sc addressed is sent or deliver84. in acc~rdance wlth clause (d) of sub-section (1); or.
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land .or building or, where there is no person on the land or building to whom it can be delivered, is· affixed to some conspicl.'ous part of 1he land or building.
(S) Wl\ere a document Is served on a partnership firm In secor dane with this section the document shall be deemaEI1to be served·on eacn· partner.
(4)" For the purpose of enabling any document to be served· on the owner of any property, the Town Planner may by notice In writing.· require the occupier, if any, of the property to state the name and address of the ower thereof.
(5) Where the psrson on whom a document is to be served Is a, minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A servant is net a merr>ber of the family within the meaniog ofthis section.
Public nollce .
how to be 24. Every public notice given under this Regulation shall be in writing made knOWR. over the signature of the Town Planner "nd shall be widely made known i" Notices. ale.
1e fix reaso nable time.
the locality to be affected thereby by affoxing copies thereof in conspicu-· · ous public places within the said locality or by advertisement in local newspapers or by any other means as the Town Planner may think fit.
25. Where any notice, order or other document issued or made under· this Regulation or any rule made thereunder requires anything to be done for the coing of which no·time is fixed in this Regulation or the rule, the notice, order or other document shall specify a reasonable tiine for doing the same.
Authentication of orders 26_ All permissions, orders, decisions, not!ces and other documents.
and docu- of the Town Planner shall be authenticated by his signature or any other ments. officer authorised by him in this behalf.
Jurisdicaioa of eou,.s.
27. No court inferior t J that of a -.Judicial Magistrate of the cia;". shall try an cffence punishable under this Regulation.
first· ' ' 'tHE ANDAMAN AND NICOBAR EXTRAORDINARY. GAZETTE, DECEMBER 19, 1994 r· 9 -----------·~ ------'----~------
28. No proeeculion for any offence punishable u11der this Regulation Sanction of shall be in>litut~d except with the previous sanction of lhe Administrator or prosecution.
any officer authorised by him In this b~half.
2 of 29. Nolwithstandlng a'ythl:lg c::m~alne:lln sactioA 29 of th'3 COde of Magistrate's
1974. Criminal..!'rocedure. 1973. it shall be lawtul for any court of the Judicial power to im Maglstrale of >h!l firSt class to pass any sentence authorised by·this Regulation pose anhanc ln excess of ih pow•rs under th., said section. ed penalties.
30. No ~uit. or""ecution or olher legal proceeding shalf lie against any Protection of person for anything wnich is in good faith dona or Intended 1• be dana under act•on taken in this Regulation 01 any rule made thereunder. good faith.
31. Th9 Administralor may, by notiflo•tion in !he Official Gazette, Delegation of delegate to any offic.r'1'• authority subordinate to him any· of the powers powers.
conferred on him or any officer subordinate to him bv t<lls R•gulatiort, other than .the power to make rules, to be exercisa!>le, subje~t to such restriclions ; and conditions as may ba specified in the nosilication.
32 (1) No suh .~hell be instituted against the AdminlsSrator or the Notice to be Town Plann.er. or any of the ~flicers or other . employees or any parson acting given of suits.
under the directions Cif the Administrator or the Town Planner In respect of any act done or purporting to have been dona In pursuance of this Regulation or any rule made thereunder until the expiration of two months after notice In Writing ha$ been delivered to, or left at the office or place of abode of tha parson ta be sued and unless such notice state• explicitly the cause of . actilln, the nature of relief •ougllt, the amount of comoansation claimed and t.he name and place Of residence of the intending plaintiff and unless. the . plaint contains a statellll!lnt that such notice lias been sa lafl or delivered. i ' •' ' ' i .. . (2) No suit sucll as is described in sub-section (1) shall unless 11· iS' a · .. ,,· suit for recovery of immov•bie property or for a declaration of title thereto, ·.be· Instituted aflar.tha expiry of six months from the dale en which the cause :·.ofaction elise~;. · · I) . (3) Nothing contafned in sub-section (1) shall, be deemed to apply to • suit in which the only retief claimed Is an injunclion ·of which the oojact would l:!e defeated by the giving of the notice or the peslponemanl of the Institution of the suit.
. ' .. 33. Nolhing in this Ragulallon shall aoply e.-
(a) .lheca"ylng out of works far the maintenance, improvement or .,,her· aliariltion of any building. b9ing works which affect only the Interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority Of by any department el Governmer. t of eny works for the purpose of lnspectl11g, f!lpairlng or renewing any drains, sewers mains, pipes, cables or other apparatue including the breaking open of any street or other 'land for that purpose;
(c) the erection of a building. n•t baing a dwelling house, if such building is requirad for· tha purposes subservient to agriculture;
(d) the erection of a place of warship or a tomb or cenotaph or a wall enclosing a graveyard, olaca of worship, cenotaph or samadhi on land wllieh at the commancemant of this Regulation is occupiecl by or for the purp- of such worship. tomb. cenotaph, grav!lyard or samadhi;
(a) the excavations (including walls) made in the ordinary course of agriculture operations; and ,
(f) the construction of unmetallad road intended to give access to land solely for agricultural purposes.
Saviags •