The Andaman and Nicobar Islands Municipal Regulation 1994

Infrastructure1994208 sections

The Andaman and Nicobar Islands Municipal Regulation 1994 establishes the legal foundation for municipal governance within the Andaman and Nicobar Islands. It regulates how municipal areas are declared, altered, and managed, directly impacting residents by creating elected local self-government bodies. The law outlines the structure, duration, and corporate powers of municipalities, while defining rules for member qualifications, elections, vacancies, and leadership roles like chairpersons. This regulation matters because it empowers local civic administration, protects public property, and ensures democratic accountability, enabling island communities to effectively manage urban development, infrastructure, and civic amenities.

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1. Short title, extent and Commencement
2. Definitions
3. Declaration of municipal areas
4. Effect of including other area in Municipal area
5. Effect of excluding area from municipal area
6. Application of property vested in Government
7. Constitution of Municipalities
8. Municipality to be a body corporate
9. Composition of Municipalities
10. Duration of Municipality
11. Resignation of members
12. Disqualification for membership
13. Vacancies occurring by filling casual vacancies.
14. Election of Chairperson.
15. Election of Vice-Chairperson.
16. Term of Office of Vice-Chairperson.
17. Resignation or removal of Chairperson or Vice-chairperson.
18. Appointment of sub-committees.
19. Joint Committee.
20. Oath or affirmation by members.
21. Declaration of assets.
22. Secretary of the Municipality.
23. Remuneration payable to Secretary.
24. Appointment of Public Health Officer and Engineers.
25. Pension leave allowances and provident fund.
26. Definition of "corrupt practice"
27. Punishment dismissal etc of the public Health Officer and Engineers.
28. Employment of other officers and servants.
29. Protection of action taken in good faith.
30. Municipal officers to be public servants.
31. Penalty for acquisition by Municipal officer or servant of interest in contract or work.
32. Superintendence, direction and control of election.
33. Municipal wards.
34. Qualifications for registration as voter for candidates in elections.
35. Power to question election
38. Recriminatory proceedings in election disputes
39. Procedure for hearing election petitions
40. Finding of District Judge
41. Avoidance of election
42. Disqualification for corrupt practice
43. Conduct of elections and related matters
44. Duties and powers of municipality
45. Discretionary functions of Municipality
46. Delegation of powers of Municipality
47. Duties of Chairperson
48. Duties of Vice-chairperson
49. EMERGENCY POWERS
50. Functions of Sub-Committees
51. Delegation of powers to Secretary by sub-Committees
52. Functions of the Secretary
53. Delegation of Secretary's ordinary powers
54. Custody of records
55. Ordinary and special meetings
56. Quorum
57. Chairperson for meeting
58. Vote of majority decisive
59. Adjournment of meeting
60. Cancellation of resolutions
61. Minutes of the meeting
62. Bye-law for conduct of business
63. Authority to contract
64. Mode of executing contracts and transfer of property.
65. MUNICIPAL BUDGET
66. Revised budget.
67. Special provisions as to budget.
68. Expenditure not to exceed budget allotment.
69. Municipal Fund.
70. Certain sums may be carried to credit of Municipality.
71. Application of Municipal Funds.
72. Construction of Finance Commission.
73. Accounts and audit.
74. Property vested in Municipality.
75. Management of public institutions.
76. Acquisition of land.
77. Transfer of property vesting in Municipality.
78. Saving of Act 9 of 1914.
79. Definition of "annual Value".
80. Taxes Which May be imposed.
81. Procedure in imposing taxes.
82. Power of Administrator to suspend tax.
83. Preparation and publication of assessment list.
84. Disposal of objections.
85. Authentication of list.
86. Further amendments of assessment list and annual revision.
87. Notice to be given to Municipality of all transfer of title of persons primarily liable to payment of property tax.
88. Remission of tax on unoccupied immovable property.
89. Recovery of property taxes payable by owner.
90. Power to examine article liable to octroi or terminal tax and to search.
91. Penalty for evasion of octroi or terminal tax.
92. Summary recovery of octroi or terminal tax.
93. Appeal against taxation.
94. Limitations.
95. Tax not invalid for defect of form.
96. Remissions and exemptions.
97. Duty of furnishing true information regarding liability to Municipal taxation.
98. Taxes when payable.
99. Taxation not to be questioned except under Regulation.
100. Refunds.
101. Provision of water.
102. Supply of water.
103. Making connection with municipal water works.
104. Obligation of owner or occupier and power of the municipality to cut off water supply.
105. Equipment for rendering assistance in extinguishing fire.
106. Power of certain persons for suppression of fire.
107. Powers of the Municipality in respect of drains, privies, etc.
108. Removal of latrines, etc., near any source of water supply.
109. Improperly discharging sewage and making or altering drains without authority.
111. Power to lay or carry mains, pipes, drains or sewers for water supply etc.
111A. Connection mains etc.
112. Troughs and pipes for rain water.
113. Bathing and washing places.
114. Removal and deposit of offensive matter.
115. Failure to remove offensive matter.
116. Penalty for nuisance.
117. Definition of house cleaning.
118. Undertaking of house cleaning by Municipality.
119. Disposal of dead animals.
120. Place for slaughter of animals for sale.
121. Animals to be slaughtered for sale at authorised places only.
122. Control of sale of food.
123. Penalty for feeding animals on deleterious substances.
124. Information to be given on infectious or contagious diseases.
125. Disinfection of buildings and articles.
126. Provision of places and appliances for disinfection.
127. Penalty for acts done by persons suffering from certain disorders.
128. Prohibition by Municipality of use of unwholesome water.
129. Appointment of places as burial or burning-grounds.
130. Control over removal of corpses.
131. Powers to require building, wells, tanks, etc., to be secured.
132. Powers to order removal or repair of buildings, etc. in dangerous state.
133. Powers to order cleansing of filthy building or land.
134. Power to require owner to clear away noxious vegetation.
135. Power to require hedges and trees to be trimmed.
136. Prohibition of cultivation, use of manure or irrigation injurious to health.
137. Regulation as to offensive and dangerous trades.
138. Penalty for negligence in quarrying, blasting, cutting timber or building.
139. Provision of police protection at fairs.
140. Power to levy fees at fairs.
141. Powers over disorderly houses and prostitutes.
142. Powers to close down brothels.
143. Disposal of mad and stray dogs and other animals.
144. Penalty for keeping animal so as to be injurious to health.
145. Penalty for beating drums, etc.
146. Penalty for discharging fire arms, etc.
147. Prohibition of collecting inflammable materials, etc.
148. Power in respect of streets.
149. Power of permitting temporary occupation of streets, etc.
150. Encroachments upon streets.
151. Removal of projections and obstructions in streets.
152. Removal of projections and payment of compensation.
153. Power to regulate line of buildings in streets.
154. Power to attach brackets for lamps on houses.
155. Penalty for destroying lamp-posts, etc.
156. Penalty for bill-sticking without permission.
157. Names to streets and numbers to buildings.
158. Penalty for picketing animals and collecting carts.
159. Penalty for driving vehicles without proper lights.
160. Penalty for certain offences.
161. Definations.
162. Prohibition of building without sanction.
163. Power to make bye-laws as to mode of construction of buildings, etc.
164. Special provision for cases where bye-laws have not been made.
165. Dispensation from bye-laws.
166. Powers to refuse sanction to build.
167. Lapse of sanction to build.
168. Penalty for building without sanction.
169. Compensation for damage in respect of erection or re-erections.
170. Power of entry for purposes of valuation or taxation.
171. Power to inspect drains, privies and cesspools.
172. Power to inspect buildings sanitary purposes.
173. General powers of entry on buildings or land.
174. Power to inspect places for illicit slaughter of animals.
175. Power of entry for purposes of preventing spread of disease.
176. General provisions.
177. Reasonable time for compliance with notice etc., to be fixed.
178. Authentication, service & validity of notices.
179. Service of notice etc., when owner and occupier are different persons.
180. Mode of giving notice to owner or occupier of property.
181. Publication public notices.
182. Payment of compensation by Municipality
183. Power in event of non-compliance with notice etc.
184. Penalty obstructing Municipality.
185. Recovery of costs of execution.
186. Payment of compensation by Municipality
187. Appeals from orders of Municipality.
188. Prosecution to be suspended in certain cases.
189. Powers and duties of police in respect of offences against Regulation.
190. Authority for prosecutions.
191. Power to compound offences.
192. Members not to be disqualified from trying
193. Power of Magistrate to order payment of costs and damages.
194. Suits against Municipality or its officers.
195. Recovery of taxes and other claims.
196. District Planning Committee.
197. Power of Administrator over Municipality.
198. Power to cancel or suspend any resolution passed,or issued or licence or permission.
199. Dissolution of the Municipality.
200. Disputes between Municipality.
201. General bye-laws.
202. Provisions relating to bye-laws.
203. Forms and rules.
204. Laying of rules and bye-laws before parliament
205. Vacancies and irregularities not to invalidate proceedings in effect of Municipal records
206. Section 206
207. Amendment of regulation 1 of 1994
208. Power to remove difficulties
209. Repeal of Regulation 4 of 1979
210. Repeal and savings