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Section 110

The Andaman and Nicobar Islands (Tribal Council) Regulation, 2009Union territory Regulations of Andaman and Nicobar Islands · 1950

(1) The Administrator may, subject to the condition of previous publication bjl notification in the Official Gazette, make rules to carry out the provisions ofthis Regulation.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the manner of disposal of assets and liabilities of a Village General Body under clause (a) of sub-section (3) of section 6;

(6) the manner of preparation of electoral rolls of members ofvillage General Body and the particulars which it shall contain and iile iiiaiifie; in which it shall be revised under section 8;

(c) the rnanner of giving notice of the meetings of the Village General Body under sub-section (3) of section 9;

(4 the manner in which seats reserved for women and First Captain shall be allotted by the Election Commission by rotation to different Village Councils and different constituencies in a Village Council under proviso to section 11 ;

(e) the notice required to be given for moving a no confidence motion against First Captain under sub-section ( I ) of section 20;

V) the period for which notice is required to be given for moving a no confidence motion aga~nst the Second Captain under sub-section (I) of sectiorl 21,

(g) the teriris and conditions of service of the Secretary and other officers and servants under sub-sect~on (5 ) of section 23;

(h ) the time and place of meetings of Village Council and the procedure to be followed at such meetings under sub-section ( I ) of section 24;

(i)'the procedure for moving resol~~tions and putting questions under subcommi(tees ul~der sub-section (I) of sec(ion 25;

SEC. 11 TI@ GAZETTE OF INDIA EXTRAORDINARY 2 7 - ( k ) the reasons for and the manner in which committees may be dissolved or under sub-section ( 2 ) of section 25;

( I ) the conditions subject to which the Administrator may entrust to the Villige council the functions and duties of collecting land revenue and other dues recoverable under sub-section ( I ) of section 30;

(m) the custody in which the Village Council Fund shall be kept under sub-section (3) of section 33;

(n) the manner in which the taxes and fees shall be assessed and realised under sub-section ( 2 ) of section 36;

(b) the form in which the demand notice shall be sent under sub-section ( I ) of section 40;

(p) the manner in which a demand notice shall be served under sub-section (2 ) of section 40;

(q) the form in which account of receipts and expenditure shall be maintained under section 4 1 ;

(r) the time at which and the manner in which budget shall be prepared by the Village Council under sub-section ( I ) of section 42;

(s) the manner in which accounts of Village Council shall be audited under sub-section ( I ) of section 43;

( t ) the manner of recovery of amount surcharged under sub-section (4) of section 43;

(u) the manner of recovery of loss caused to the Village Council under subsection ( 3 ) of section 48;

(v) the manner in which offices reserved for women shall be rotated under sub-section ( 3 ) of section 53;

(w) the notice for moving a motion of no confidence against Chief Captain or Vice-Chief Captain under sub-section ( I ) of section 63;

(x) such other powers and functions under clause (g) of sub-section ( I ) of section 67;

(y) the time and place of meeting of Island Council and the procedure for such meeting under sub-section ( I ) of section 68;

( z ) the manner in which a member of Island Council may move resolutions and put questions to the Chief Captain or Vice-Chief Captain under sub-section ( 2 ) of section 68;

( za ) the controls and restrictions subject to which an lsland Council may appoint committees under sub-section (I) of section 69;

(zh) the reasons for which commillees rnay be dissolved and the manner in which committees may be r :constituted under sub-section ( I ? ) of section 69;

(zc) the custody In which Island Council Fund shall be kept under sub-section

(3) of section 74;

(zd) the procedure and limits subject to which taxes,.duties, tolls, cess and fees shall be levied under sub-section ( I ) of section 75;

2 8 THE GAZETTE OF NX.4 EXTRAORDINARY [PART 11- - - .

(zj) the form in which demand notice shall be sent under sub-section ( I ) of section 79;

(zg) the manner in which notice of demand shall be served under sub-section

(2) of section 79;

(zh) the manner of recovery of tax or fee or any other sums under sub-section

(3) of section 79;

(z i ) the manner in which accounts of receipts and expenditure shall be maintained under section 80;

(z j ) the time and. manner in which the Island Councils shall prepare budget under sub-section (I) of section 81;

(zk) the period and manner of supplementary estimates under sub-section (5) of section 8 1 ;

(zl) .the manner in which accounts of Island Councils shall be audited under sub-sectioq ( I ) of section 82;

(znt) the manner and recovery of the amount of surcharge under clauses (a) and

(b) of sub-section (3) of section 82;

I I (zn) the composition of the District Planning Committee under section 9 1 ;

(zo) the procedure to be adopted by the District Planning Committee under section 93;

(zp) the form for applying to the District Judge regarding validity of the election procedure under sub-section ( I ) of section 96;

(zq) the manner of execution of order passed by the District Judge regarding I payment of costs under sub-section (2) of section 97;

I :, , I : (zr) the manner io which records shall be classified and preserved under section 107;

(3) the fee to be paid for inspection of records and grant of certified copies I.aying of rules before Parliament.

Regulation no!

to have oveiridii~g effect.

. .

under section 108.

111. Every rule made under this Regulation shall be laid, as soon as may be afier it is made, before each House of Parliament, while it is in session for a total period ofthirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

112. Wherever any of the provisions of this Regulation come in conflict with the provisions of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956, the latter shall prevail. 3 of 1956.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 29 THE FIRST SCHEDULE (See sections 18 and 61) I .............................. having been elected as MemberlFirst CaptainISecond Captain IChiefCaptain I Vice-Chiefcaptain o f . . ......................... Village Council / Island Council, do swear in the name of Godlsolemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will uphold the sover- .

eignty and integrity of 1ndia and that I will faithfully discharge the duties of my office to the best of my abiliv, knowledge and judgment without fear or favour or ill-will.

3 0 T I E GAZETTE OF lNDIA EXTRAORDINARY [PART II- ---- THE SECOND SCHEDULE [See sub-section ( I ) of section 271 MATTERS IN RESPECT OF WHICH AN VILLAGE COUNCII, WILL HAVE AUTHORITY SO AS TO ENABLE IT TO FUNCTION AS AN INSTITUTION OF SELF GOVERNMEXT

1. In the sphere of.Sanitation and Health,-

(a) supply of water for domestic use and for cattle;

( 6 ) construction and cleaning of public roads, drains, ponds, tanks and wells other than tanks, and wells used for irrigation purposes and other public places;

(c) sanitation, conservancy, the prevention and abatement of nuisance;

(4 preservation and i~nprovement of public health, maintaining dispensaries providing public relief;

(e) regulation by licensing or otherwise of tea, coffee and milk shops;

provision, maintenance and Regulation of burning;

d

(g) ensuring systematic disposal of carcasses, provision of definite place for the disposal of unclaimed corpses and carcasses;

( h ) construction and maintenance of public latrines; % 5 ( i ) takitig of measures to prevent the outbreak, spread and recurrence of infectious diseases;

(j) reclaiming of unhealthy localities; :i 3

(k) removal of rubbish heaps, jungle growth, the filling in of disused wells, insanitary ponds, pools, ditches, pits or hollows, the prevention of water logging in irrigated areas and other improvements of sanitary conditions;

( m ) the encouragement of human and animal vaccination;

(n) the provision and maintenance of compost pits;

(0) regulating the keeping of cattle and taking necessary steps against stray cattle and dogs;

(p) regulating, checking and abating of offensive or dangerous trades or practices;

(q) watering public streets and places;

( r ) cleaning public streets, places and sewers, removing noxious vegetation and abating all public nuisances from all spaces not being private property, which are open to the enjoyment of the public, whether such places are vested in the Council or not;

(s) extinguishing fires, and protecting life and property when fires occur;

( t ) removing obstructions and projections in public streets or places and in spaces not being private property. which are open to the enjoyment of the public, whether such spaces are vested in the Village Council or not;

(u) securing or rernoving dangerous buildings or places;

. .

. . . .

. .

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3 1 (+v) obtaining supply of or additional supply ofwater, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesolneness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;

(x) paying the salary for, and the contingent expenditure on account of such police or guards as may be required by the Village Councils for the purposes of this Regulation or for the protection of any Village Council property;

giving relief and establishing and maintaining relief works in times of famine or scarcity, to or for destitute persons, within the limits of the Village Council.

2. In the sphere of Public Works-

(u) preventing and removing of obstructions and projections in public streets or places and in sites, not being private property, which are open to the public whether such sites are vested in the Village Council or belong to Government;

(b) construction, maintenance and repair of public roads, drains, bunds and bridges provided that such roads, drains, bunds and bridges are not vested in any other public authority and if so vested, then such works shall not be undertaken without the consent of that authority;

(c) maintenance and Regulation of the use of buildings handed over to the Village Council or of Government buildings under the control ofthe Village Council, grazing lands, tanks and wells (other than tanks and wells for irrigation');

(4 lighting ofthe village;

( e ) control of fairs, bazaars and car parks;

(f) construction, maintenance and control of slaughter houses;

(g) planting of trees in market places and other public places and their maintenance and preservation;

(h) construction and maintenance of community assets;

(i) management and control of bathing and washing ghats which are not managed by any authority;

0') estab!ishment and maintenance of markets;

(k) construction and maintenance of houses for conservancy staff and village functionaries of the Village Council;

(1) establishment, control and management of cattle pounds;

(m) establishlnent and maintenance of works for the provision of employment particularly in times of scarcity;

(n) extension of village sites and the Regulation of building and housing schemes;

(0) construction and maintenance of buildings for warehouses, shops and such others;

(p) construction and maintenance of buildings for common use and for development activities.

3. In the sphere of Primary and Nu~sery Education and Culture-

(a) visits to educational institutions;

( b ) check on attendance and other registers to enquire and report to concerned . .

. --.--.'----------.-'--auth~xi.ties on.educational.defi.~.~e~3~s.aad..~:~~i~~nents_h.~~~,~fi!ag~; .-,w.,am--a-,e,,. . -. _ . . . .

32 - THE GAZETTE OF PJDM EXTRAORDINARY [PART 11- -

(c) submission of recommendations on the annual budget of Primary and Preprimary Schools.

(4 construction and repair work of educational institutions entrusted to the Village Council;

(e) submission of reports on regularity of students, teachers attendance and school functioning,

4. In the sphere of SelfDefence and Village Defence-

(a) watch and ward of the village and of crops therein and raising voluntary organisations o; organisations of any other kind, encouraging and assisting such organisations;

(b) providing training facilities to the youth ofthe village for the purpose of self defence and village defence and assisting such training that may be organised by the Government;

(c) preventing of fires, rendering assistance in extinguishing fires and protecting life and property

Where this provision sits

ActThe Andaman and Nicobar Islands (Tribal Council) Regulation, 2009
Section110
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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