THE LACCADIVE, MINICOY AND AMINDIVI ISLANDS (PROTECTION OF SCHEDULED TRIBES) AMENDMENT REGULATION, 1973 No. 1 OF 1973 Promulgated by the President in the Twenty-third Year of Lhe Republic of India. .
A Regulation to amend the Laccadive, Miilicoy and Amindivi Islands (Protection of Scheduled Tribes) Regulation, 1964.
In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him :----
1. (I) This Regulation may be called the Laccadive, Minicoy and Amindivi Short title Islands (Protection of Scheduled Tribes) Amendment Regulation, 1973. and cnrnmzncement.
(2) It shall come into force at once.
2. In section 2 of the Laccadive, Minicoy 2nd Alnindivi Islands (Protection Amend- 9 of 1964.
of Scheduled Tribes) Regulation, 1961 (hereinafter referred to as the principal ment of Regulation), clause (b) shall be re-lettered as clause (d) and before clause (d) scction 2.
as so re-lettered, the following clauses shall be inserted, namely :--- '(b) "bank" means a banking company as defined in the Banking Regula- 10 of 1949.
tion Act, 1949, the State Bank of India constituted under the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank c:' India 23 of 1955.
38 of 1959. (Subsidiary Banks) Act, 1959, or a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of 5 of 1970.
Undertakings) Act, 1970 arid includes any other financial institution which the Administrator may, by notification in the Oficial Gazette, declare to be a bank for the purposes of this Regulation;
(c) "co-operative society" means a society registered, or deemed to I be registered, under any law relating to co-operative societies for the time being in force in the Union territory of the Laccadive, Minicoy and Amindivi Islands;'.
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3. In section 3 of the principal Regulation,- I ~ m e ~ d l - ' 1 ment of
(a) in sub-section (I), for the words "any land to any person other thall section 3, any such member". the following shall be substituted, namely :- "any land :
Provided that no such sanction shall be necessary in the case of any transfer of land to the Government, a bank, a co-operative society or any member of the Scheduled Tribes";
(6) to sub-section (2), the follo\ving proviso shall be added, na~iie!y :--- "I'ro\lided tllal nothiug in this sub-scciio!~ s1ial.i apply (I.) a:(achmen( 01. sali: i l l esccution of a n y such decrce 01- order i n r~latii:!i to tt debt owing to the Government, a bank, a co-operative society or any member of the Scheduled Tribes.".
Amend- 4. In section 4 of the principal Regulation,-
(a) the words "other than a member of the Scheduled T~ibes" shall- be (b ) the following proviso shall be added at the end, namely:- "Provided that no such sanction shall be necessary in the case of acquisition of any such interest by the Government, a bank, a cooperative society or any member of the Scheduled Tribes.".
section 4A. be inserted, namely :- "4A. ( I ) Every sale of land in execution of a decree or order referred to in the proviso to sub-section (2) of section 3 shall be by public auction.
(2) No person other than a member of the Scheduled Tribes shall be entitled to bid at such public auction.
(3) The civil or revenue court executing such decree or order shall determine a reserve price for the land in accordance with such rules as may be made by the Administrator in this behalf.
(4) The land shall be sold to the highest bidder only if the price offered by him therefor is not less than the reserve price.
(5) If at the public auction no offer of price equal to, or more than, the reserve price is made, the land shall be purchased by the Government at the reserve price.".
~ ~ ~ ~ d - 6. Section 7 of the principal Regulation shall be re-numbered as sub-section ( I ) rnent Of thereof, and after sub-section ( I ) as so re-numbered, the following sub-section shall be inserted, namely :- "(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the matters to be taken into account, and the procedure to be followed by a civil or revenue court, .in determining the reserve price.".
President.
K . R . SUMDARAM, Secy. to the Govt. of India.