The Andaman and Nicobar Islands Administration Regulation 1979

(1) This Regulation may be called the Andaman and Nicobar Islands (Administration) Regulation, 1979. (2) It extends to the whole of the Union territory of the Andaman and Nicobar Islands. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

In this Regulation, unless the context otherwise requires,— (a) "Administrator" means the administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; (b) "Pradesh Council" means the Pradesh Council constituted under section 3; (c) "Union territory" means the Union territory of the Andaman and Nicobar Islands.

As soon as may be after the commencement of this Regulation, there shall be constituted a Pradesh Council for the Union territory consisting of— (a) the Administrator; (b) the member of the House of the People representing the Union territory; (c) the Chairman of the Port Blair Municipal Board or, if such Chairman is a salaried servant of Government, the senior Vice-Chairman of the said Board; (d) twenty-five persons to be elected or nominated from the areas of the Union territory specified in column (2) of the table below paragraph 1 of the First Schedule, in the manner specified in the said Schedule; (e) one person belonging to any of the Scheduled Tribes of Andamanese, Onges and Shompens to be nominated by the Administrator; and (f) one woman to be nominated by the Administrator if no woman becomes a member of the Pradesh Council under any of the foregoing clauses.

A person who is a member of the Pradesh Council under clause (a) or clause (b) or clause (c) of section 3, or who is elected or nominated as a member under clause (d) of the said section shall cease to be such member when he ceases to be the Administrator, a member of the House of the People, or the Chairman of the Port Blair Municipal Board or, the senior Vice-Chairman of the Port Blair Municipal Board, as the case may be, and ceases to hold the office, if any, by virtue of which he was elected or nominated as a member of the Pradesh Council.

(1) A person shall be disqualified for being chosen or elected as, and for being, a member of the Pradesh Council if he has incurred or incurs any of the disqualifications specified in section 11 of the Andaman and Nicobar Islands (Gram Panchayats) Regulation, 1961, under the assumption which he becomes, or has been so chosen or elected, and shall continue for the first mentioned and no longer, at the expiration of a dissolution of the Pradesh Council. No act or proceeding of the Pradesh Council shall be invalid by reason only of the existence of any vacancy amongst its members or of any defect in the constitution thereof. (2) A vacancy in the membership of the Council under clause (d) or clause (e) or clause (f) of section 3 shall be filled by any election or nomination, as the case may be, in accordance with the provisions of the Regulation: Provided that the Administrator may, with the previous approval of the President, by order in writing, extend this Regulation to any person or persons, but no one shall be made in circumstances as per such order shall be notified in the council as per the said Regulation. Provided that a member so elected or nominated under this sub-section shall hold office only for the remainder of the term of office of the member in whose place he was elected or nominated. (3) Any or other lady member (other than the Administrator) of the Pradesh Council has become member, shall before taking his seat, make and subscribe before the Administrator or some person appointed in that behalf by the Administrator, an oath or affirmation according to the form set out for the purpose in the Second Schedule.

A member of the Pradesh Council under clause (d) or nomination under clause (e) or clause (f) of section 3 may resign his office as such member by notice in writing under his hand addressed to the Administrator and such resignation shall take effect from the date of its receipt by the Administrator.

The Pradesh Council, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the said Pradesh Council. (1) The persons to represent the areas within the jurisdiction of the Port Blair Municipal Board in the Pradesh Council shall be elected by the members of the said Municipal Board from amongst themselves. (2) Subject to the provisions of sub-paragraphs (3) and (4), the representatives of any area, other than the areas within the jurisdiction of the Port Blair Municipal Board, shall be elected by an electoral college consisting of the Pradhans of all the Panchayats in the Union territory from amongst the Pradhans of Panchayats in that area. (3) The representatives of any area in the Nicobar group of islands, other than the said Nicobar area, shall, until Panchayats are constituted in any such area, be elected by an electoral college consisting of all Captains of Tribals in the Union territory from amongst the Captains of Tribals in that area. (4) The representative of the Car Nicobar area shall, until Panchayats are costituted in that area, be nominated by the Central Government. Explanation.- In this paragraph and in paragraphs 8 and 9, 'person' in relation to any area means the person to represent that area in the Pradesh Council. Explanation.- In this paragraph and in Paragraph 8, the expression 'Captains of Tribals' includes 'Chief Captains of Tribals'.

(1) The Administrator shall, from time to time, summon the Pradesh Council to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Administrator may, from time to time, prorogue the Pradesh Council.

The Pradesh Council may discuss and make recommendations to the Administrator on matters of administration, general questions or policy and schemes of development involving matters enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution, in so far as they may be the five-year plans and annual plan proposals for the development of the Union territory; (c) the estimated receipts and expenditure pertaining to the Union territory to be credited to, and to be met from the Consolidated Fund of India; (d) proposals for undertaking legislation for the Union territory with respect to any of the matters enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution; (e) any other matter which the Administrator may refer to the Pradesh Council for consideration and advice.

(1) Subject to the provisions of sub-section (2), the Administrator may appoint six persons as Counsellors from amongst the members of the Pradesh Council referred to in clause (a) of section 3. (2) Of the Counsellors appointed under sub-section (1), at least one Counsellor shall be a member of any of the Scheduled Tribes from the Nicobar group of Islands and at least two Counsellors shall be from the Andaman group of Islands. (3) A Counsellor shall hold office during the pleasure of the Administrator. (4) Before a Counsellor enters upon his office, the Administrator shall administer to him the oath of office and of secrecy according to the form set out for the purpose in the Third Schedule. (5) Every Counsellor shall be entitled to receive such salary or allowances or both as the Administrator may, with the approval of the President, by order, determine.

(1) The Administrator may, from time to time, consult any Counsellor or all the Counsellors on any matter relating to the administration of the Union territory and any views expressed by the Counsellor or Counsellors on such matters shall be recommendatory in nature. (2) The Administrator may make rules defining the procedure to be followed for consulting the Counsellors.

The validity of any proceedings in the Pradesh Council shall not be called in question in any court on any ground of any alleged irregularity of procedure.

(1) The Administrator shall, from time to time, summon the Pradesh Council to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Administrator may, from time to time, prorogue the Pradesh Council. If the Pradhans of the Panchayats or, as the case may be, the Captains of Nicobar Tribals fail to elect the representatives of any area, the representative of that area shall be nominated by the Central Government.

The Pradesh Council may discuss and make recommendations to the Administrator on— (a) matters of administration, including general questions of policy and schemes of development, involving the Union territory, in so far as they are concerned with the matters in the State List or in the Concurrent List in the Seventh Schedule to the Constitution; (b) the five-year plans and annual plan proposals for the development of the Union territory; (c) the estimated receipts and expenditure pertaining to the Union territory to be credited to, and to be met from, the Consolidated Fund of India; (d) proposals for undertaking legislation for the Union territory with respect to any of the matters enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution; (e) any other matter which the Administrator may refer to the Pradesh Council for consideration and advice. The election of the representatives shall be by show of hands and shall be conducted by such authority as the Administrator may, by notification in the Official Gazette, authorise in this behalf.

Subject to rules regulating the procedure of the Pradesh Council and subject to such discussion as the Administrator may allow to the information or to allow discussion on any subject in the public interest, every member of the Pradesh Council shall have the right to ask questions on matters of public interest enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution, in so far as the matters relate to Union territory. The rules and powers of privilege shall be of members.

(1) The Administrator may, by notification in the Official Gazette, make rules to carry out the purposes of this Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the procedure to be followed for consulting the Counsellors under sub-section (2) of section 11; (b) any other matter for which rules are, in the opinion of the Administrator, to be made under this Regulation.