CourtMesh

Section 23

The Andaman and Nicobar Islands Town and Country Planning Regulation, 1994Regulations · 1994

(1) All notices, orders and other documents required by this Regulation or any rule made thereunder1 to be served upon any person shall, save as otherwise provided in this Regulation ov such rule, be deemed to be duly served—

(a) where the person to be served is a company, if the document is addressed to the Secretary of th e company at its registered office or at its principal office or place of business and is either—

(i) sent by registered post, or (H) delivered at the registered office or at the principal offl.ee or place of business of the1 company;

(b) where the person to be served is a partnership firm, if the document is addressed LO the firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—

(i) sent by registered post, or (H) delivered at the said place of businsss;

(c) where the person to be served is a public bodyi corporation society or other body, if the document is addressed to the secretary, treasurer or other officer incharge of that body, corporation ol" society at its principal office, and is either--

(i) sent by registered post, or (H) delivered at that office;

(d) in any other case, if the document is addressed to the person to be served and—

(i) is given or tendered to him, or Service of * "'Iices, eu.

12 THE GAZETTE OF INDIA EXTRAORDINARY FPART II— (H) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or buildinf to which it relates, or

(in) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of chat land or building (naming that land or building) without any further name or description, and shall be deemed to be duly served—

(a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed, is delvered 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 conspicuous part of the land or building.

(3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each 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 owner thereof.

(5) Where the person 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 not a member of the family within the meaning of this section.

Public notice how to be made known.

24. Every public notice given under this Regulation shall be in writing over the signature of the Town Planner and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality or by advertisement in local newspapers or by any other means a i the Town Planner may think fit.

Notices, etc. to fix reasonable time.

25- Where any notice, order or othei document issued or made under this Regulation or any rule made thereunder requires anything to be done for the doing of which no time is fixed in this Regulation or the rule, the notice, order or other document shall specify a reasonable time for doing the same.

Authentication of orders and documents.

26. All permissions, orders, decisions, notices and other documents of the Town Planner shall be authenticated by his signature or any other officer authorised by him in this behalf.

Jurisdiction of courts

27. No court inferior to that of a Judicial Magistrate of ihe first class shall try an offence punishable under this Regulation.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

28. No prosecution for any offence punishable under this Regulation shall be instituted except with the previous sanction of the Administrator or any officer authorised by him in this behalf.

Sanction of prosec iihion.

2ol 1974 29. Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for any court of the Judicial Magistrate of the first class k> pass any sentence authorised by this Regulation in excess of its powers under the said section.

Magistrate's power to impose enhanced penalties.

30. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Regulation or any rule made thereunder.

Protection of action taken in good faith.

31. The Administrator may, by notification in the Official Gazette, delegate to any officer or authority subordinate to him any of the powers conferred on him or any officer subordinate to him by this Regulation, other than the power to make rules, to be exercisable, subject to such restrictions and conditions as may be specified in the notification.

Delegation of powers.

Where this provision sits

ActThe Andaman and Nicobar Islands Town and Country Planning Regulation, 1994
Section23
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Andaman and Nicobar Islands Town and Country Planning Regulation, 1994 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.