The Andaman and Nicobar Islands Protection of Aboriginal Tribal Regulation, 1956

AAT Z at C L C S I E 4 3 of S a rs o m A T B e e i 2¥ i 4%71“ np The Andaman and Nicobar Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. a, PORT BLAIR, SATURDAY, JUNE 30, 1956. OFFICE OF THE CHIEF COMMISSIONER Andaman and Nicobar Islands. - NOTIFICATION Port Blair, the 18th June 1956. No. 76/56—The following Regulation promulgated by the President under clause (2) of article 243 of the Constitution and published in the Gazette of India, Extra- ordinary, Part| , Section |, dated the 14th May 1956, is hereby re-published for general information : + - THE ANDAMAN AND ‘NICOBAR ISLANDS (PROTECTION OF ABORIGINAL TRIBES) REGULATION, 1956 No. 3 of 1958 + Promulgated by the President in the Seventh Year of the Republic of India. A Regulation to provide for tha protection of the interests -of socially and economically backward aboriginal trios in the Andaman and Nicobar Tslends. In exercise of the powers’ confented by ‘olembe (2) of article 243 of the Constitution, the President is! pleased to Pg the following, Regulation made by him: — « (1) This Regutation- muy be called the Andaman Short title, and hr Isiands . (#otecHon: of Aboriginal Filles) sxtent and commence Regulation, 1856, ment Fe Eee A (2) It extends to the whole of the Andaman and | Nicobar Islands. (=) It shall come into force on such date as the Chigf Commissioner may, by notification* , appoint. Definitions 2. In this Regulation, unless tha context otherwise requires,— (a) aboriginal tribe” means any of the following tribes or tribal communities in the Andaman and Nicobar Islands, and includes parts of, or groups within, such tribes or tribal communities, namely; Andamanese, Jarawas, Onges, Sentinelese, Nicobarese, and Shem Pens; Si —- (b} ** Chief Commissioner’ means the Chief Com- missioner of the Andaman and Nicobar Islands; (c) ** Deputy’ Commissioner ©° means the Deputy \ Commissioner of the Andaman and Nicobar Islands; {d) “notification” means a notification published in the Official Gazette ; (e) pass’ means a pass granted under section 7; and (f} reserved area’ means an area which the Chief Cominissioner has, by notification under section 3, declared 10 be a reserved area, Declaration 3. (1) The Chief Commissioner may, by notification, of reserved declared any area which is predominantly inhabited by area aboriginal tribes 10 be a reserved area and specity the Limits of such area; and may, from time to ‘ims, Hv [Ke manner, alter such limits. (2) If any question arises whether any area falls within or without a reserved area, it shall be decided by the Chief — = Commissioner and his decision shall be final. «/ 4. No waste or unoccupied land at the disposal of the Allotment of land for agri- Government in a reserved area shall be aljotted for agri cultural pur- cultural purposes to any person other than a member of an BOsES. aboriginal tribe : Provided that the Chief Commissioner may allot any such land to any person other than a member of an aboriginal tribe ee {a} if the Chief Commissioner is satisfied that such land is not required by any such member ; or (b) if in his opinion the allotment of land to a person | other than a member of an aboriginal tribe is necessary : for the purpose of consolidation of land or is otherwise | in the public interest, | Traosfer and 5. (1) No member of an aboriginal tribe shall, except attachment with the previous sanction of the Chief Commissioner, trans- | of land to be fer by way of sale, exchange, mortgage, lease or . herwise | void ip cer- tain cases any land to any person other than a member of an aboriginal tribe, - -¥ THE aMDAMAN & NICOBAR GAZETTE, EXTRAORDINARY, JUNE 30, 1956 3 (2) Noland held or occupied by a member of an aboriginal tribe shall be liable to attachment or sale in execution of any decrees or order of a civil or revenue court. (3) Any transfer, attachment or sale of any land made in contravention of this section shall be void. 6. (1) No person other than a member of an abori- Asgusition of ginal tribe shall, except with the previous sanction of the interestiniand, Chief Commissioner, Soquire any Interest In any lang eotc n, and orcparraraye- situated in a reserved ardw Gr in any product of, or crop or business raised on, such land, oF SRA fider and in accor- dance with the terms and conditions of a licence granted va by the Chief Commissioner, carry on any trade or business in any such area, (2) The provisions of sub-section (1) shall apply to any person who, at the commencement of this Regulation, is carrying on any trade or business in any such area after the expiration of sixty days from such commencement. 7. The Chief Commissioner may, by notification, Eauy inte prohibit any person other than a member of an aboriginal feserved area tribe or any class of persons other than members of an aboriginal tribe from entering a reserved area excep! on the authority and subject to the observance of the conditions and restrictions of a pass granted by the Deputy Commissi- oner or by such other officer as the Deputy Commissioner may authorise in writing in this behalf, 8. (1) Whoever in contravention of the provisions of pesaliies section 6, acquires any interest in or in any product of, or crop raised on, any land, or carries on any trade or business, in a reserved area, shall be punishable with imprisonment which may extend to ons-year, or with fine which extend to one thousand rupees, or with both ; and the interest so acquired shall be disposed of in such ‘manner as the Chief Commissioner may, after taking into consideration the circumstances of the cease, direct, (2) Whoever, in contravention of a notification issued under section 7, enters a reserved area shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (3) Whoever, does anything in contravention of any of the conditions or restrictions subject to which a pass has been granted to him under section 7, shall be punish- able with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Pr (1) The Chief Commissioner, or any person autho- Procedure. rised by him in this behalf, may arrest without a warrant any person who has committed, or is suspected of having committed, any offence punishable under this Regulation. AH 4 THE ANDAMAN & NICOBAR GAZETTE, EXTRADRDINARY, JUNE 30, 1: (2) Every person arrested under sub-section {1) shall be produced before the nearest magistrate within twanty- four hours of such arrest excluding the time necessary for the journey from the place of arrest. , Power to make 10. (1) The Chief Commissioner may, by notification, rides. make rules to carry out the purposes of this Regulation. (2) In particular, and without prejudice to the gene- rality of the foregoing power, such rules may provide for the form in which, the conditions and restrictions subject to which, and ths fee not exceeding rupees fifty on pay- ment of which, a pass under section 7 shall be granted. Regulation tn 11. The provisions of this Regulation and of any rule override other made thereunder shall have effect notwithstanding anything flaws. inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, or in any usage or agreement, or in any decree or order of any court or other authority. RAJENDRA PRASAD, President. K.Y. BHANDARKAR, Secy. ta the Govt. of India. By order, RAM SARAN DAS, Assistant Secretary {Judicial} to the Chief Commissioner, : A & N. Islands OFFICE OF THE CHIEF COMMISSIONER, ANDAMAN AND NICOBAR [ISLANDS NOTIFICATION Port Bialr, the 19th June 1556, No. ANPATR.1(3) 1.— In exercise of the powers conferred by sub.se section 1 of the Andaman and Nicobar Islands (Protection of Aboriginal Trib tion, 1/56 No. 3 of 1858), the Chief Commissioner, Andaman and Nico pleased to appoint the first day of July 1956 to he the date from whi Regulation shall come into force, C. RAMACHANDRZ Chief Commissioner, A. & N. [F. 1-88(1;/84-8 G.P. 71/58 — 0 THE ANDAMAN & NICOBAR GAZETTE, EXTRADRDINARY, APRIL 2, 1957 Ranger's Channel along the Bush Police Line subject to an adjustm that the line may coincide with an alignment to be aligned by Andaman and Nicobar Islands Forest Department in Porlob and Bor Yol areas betweenth e Yeratil'Charalungta Bush Police posts provi that sufficient land is left to the west of such alignment on the east side of the Range to provide enough hunting ground to Jarawas w they are on the move and bearing in mind the suitability of s alignment, from the point of view of water and terrain, asa pe path. (c) The entire area comprised in, and enclosed within the coast line of e of the following Islands, (i) Rutiand. (ir) North Sentinel, (iti) Cinque, (iv) Passage. (v) Sisters. (vi) Brothers. (vii) South Sentinel and other Islands and Islets situated south ware the territory of the Andaman and Nicobar Islands upto anc cluding Little Andaman, (d) The entire area comp:ised in, and enclosed within the coast lini each of the following Is'ands but excluding the area comprising air-field in Car Nicobar and the ports of Camorta and Car Nicobar: (i; Car Nicobar. (ii) Batti Maly, (iii) Chowra, (iv) Tilangchong. (v) Terassa, (vi) Bompoka, (vil) Camorta. (viii) Trinkat, {ix) Nancowry. {x) Katchali. (xi) Meroe. (xii) Trak, | (xiii) Treis. | (xiv) Menchal. | (xv) Little Nicobar, | (xvi) Pulo Milo. (xvii) Great Nicobar (xviii) Kondul, (xix) Kabra, T. G. N. AYYAR, : Chief Commissioner, A & N. Islands | [F. 1-89(1)/56-G] i E G.P. 43/67, e C h sS e