(2) This Regulation may be called the Andaman and Nicobar Islands Gram Panchayats Regulation, 1961.
(2) It extends to the whole of the Union territory of the Andaman and Nicobar Islands except the areas included in a municipality under the provisions of the Andaman and Nicobar Islands (Municipal Boards) Regulation, 1957.
(3) It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint.
2. In this Regulation, unless the context otherwise requires,—
(a) "adult" means a person who has attained the age of 21 years:
Short title, extent and commencement.
Definitions.
(25) art THE GAZETTE OP INDIA EXTRAORDINARY [PART II
(b) "Assistant Commissioner" includes the Revenue Assistant Commissioner;
(c) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall not exceeding 8 ft. in height) and any other structure, whether of masonry, bricks, wood, metal or any other material, but does not include a temporary structure erected on ceremonial or festival occasions or a tent;
(d) "case" means, in relation to a judicial proceeding, a criminal proceeding in respect of any offence triable by a Nyaya Panchayat under this Regulation;
(e) "Chief Commissioner" means the Chief Commissioner of the Andaman and Nicobar Islands;
(f) "Deputy Commissioner" means the Deputy Commissioner of the Andaman and Nicobar Islands;
(g) "Gram Sabha" means a Gram Sabha established under section 3;
(h) "land" includes land which is built upon or covered with water;
(i) "octroi" means a tax on the entry of goods into a village for consumption, use or sale therein;
(j) "Official Gazette" means the Andaman and Nicobar Gazette;
(fc) "Panchayat" means a Gram Panchayat constituted under section 11;
(1) "Pradhan" and "Upapradhan" mean respectively the Pradhan and the Upapradhan of a Gram Panchayat;
(m) "prescribed" means prescribed by rules made under this Regulation;
(n) "puhlic street" means a pathway, road, street, square, court, alley, cart track, foot-path or riding path over which the public have a right of way, whether a thoroughfare or not, and includes—
(i) the road-way over any public bridge or cause-way,
(fl) the foot-way attached to any such street, road, public bridge or cause-way, (Hi) the drains attached to any such street, road, public bridge or cause-way and the land which lies on either side of the road-way up to the boundaries of the adjacent property;
(o) "Sarpanch" and "Upasarpanch" mean respectively the Sarpanch and the Upasarpanch of a Nyaya Panchayat;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27
(p) "Schedule" means a Schedule to this Regulation;
(q) "suit" means a civil suit triable by a Nyaya Panchayat under this Regulation;
(r) "tax" means a tax, cess, rate or other impost leviable under this Regulation, but does not include a fee:
(s) "term of a Panchayat" means the period for which the members of a Panchayat shall hold office under section 21;
(t) "village" means any local area recorded as a village in the revenue records and includes any area which the Chief Commissioner may, by general or special order, declare to be a village for the purposes of this Regulation.
CHAPTER II ESTABLISHMENT AND CONSTITUTION OF GRAM SABHAS
3. The Chief Commissioner may, by notification in the Official Gazette, constitute any village or group of villages into a Gram and establish a Gram Sabha for the Gram.
Ettabliihtment of Gum Sabhu,
4. (I) A Gram Sabha shall consist of all adults ordinarily resident within the village or group of villages for which it is established: 1 Constitution of Gr*m Sabha.
Provided that a person shall be disqualified for being a member of the Gram Sabha if he— I
(a) is not a citizen of India, or
(b) is of unsound mind and stands so declared by a competent court.
(2) A person shall be deemed to be ordinarily resident in a village if he has been ordinarily residing in such village or is in possession of a dwelling house therein ready for occupation.
5. Every Gram Sabha shall, by the name notified in the Official Gazette under section 3, be a body corporate having perpetual succession and a common seal and shall, subject to such restrictions and conditions imposed by or under this Regulation, have power to acquire, hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue or be sued:
Provided that the powers and duties of the Gram Sabha shall, save as otherwise expressly provided in this Regulation, be exercised, performed and discharged by the Gram Panchayat constituted under section 11.
Incorporation of Gram Sabha.
28 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II Alteration in area of Gram.