Executive Summary:
This document is the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Amendment Regulation, 2020, amending the 1965 Regulation. It addresses the validation of certain land transfers to Scheduled Tribe Islanders, revises land lease terms, and removes the maximum rent specification. The regulation came into effect on a date to be notified by the Administrator in the Official Gazette.
Key Points / Main Content:
* **Validation of Pandaram Land Transfers:**
* Transfers of pandaram land via sale or gift to Scheduled Tribe Islanders on or before December 31, 2019, are validated.
* These Scheduled Tribe Islanders are deemed allottees and lawfully occupying the land, eligible for occupancy rights.
* **Amendment to Section 83:**
* Scheduled Tribe Islanders mentioned in section 15A are added as eligible to be conferred rights of occupancy under section 83.
* **Amendment to Section 98:**
* The phrase "not exceeding the maximum rent specified in section 104" is removed from subsection 1.
* Land leases are now capped at sixty years, with renewals every five years, subject to mutually agreed modifications.
* Leases between the Government and a landowner for public purposes can be up to ninety-nine years.
* **Omission of Section 104:**
* Section 104, related to maximum rent, is omitted.
* **Amendment to Section 105:**
* The phrase "subject to the provisions of section 104" is removed, clarifying that rent shall be the rent.
Impact Analysis:
* **Scheduled Tribe Islanders:**
* Impact: Validation of land transfers provides security of tenure and confers occupancy rights.
* Action Required: Ensure transfers made on or before December 31, 2019, are appropriately documented to avail of the validation.
* **Landowners:**
* Impact: Changes to lease terms may affect existing or future lease agreements.
* Action Required: Review existing lease agreements and understand the new lease period regulations and renewal conditions.
* **Government (Administrator):**
* Impact: New regulations on land leases and the validation of transfers.
* Action Required: Notify the commencement date in the Official Gazette and implement the amended regulations.
Key Entities Referenced
Laccadive, Minicoy and Amindivi Islands: A group of islands, part of the Union Territory of Lakshadweep, India. The regulation pertains to land revenue and tenancy on these islands.
Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965: The principal regulation being amended by this notification. It governs land revenue and tenancy matters in the Laccadive, Minicoy and Amindivi Islands.
Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Amendment Regulation, 2020: The regulation promulgated in 2020 which amends the 1965 regulation related to land revenue and tenancy.
Article 240 of the Constitution: The article of the Indian Constitution that grants the President the power to promulgate regulations for Union Territories.
Scheduled Tribe Islander: A person belonging to any tribe or tribal community specified in Part I of the Schedule to the Constitution Scheduled Tribes Union Territories Order, 1951.
Constitution Scheduled Tribes Union Territories Order, 1951: A presidential order that defines the Scheduled Tribes in Union Territories, relevant for determining eligibility under the amended regulation.
Pandaram land: A type of land in the Laccadive, Minicoy, and Amindivi Islands, subject to specific regulations regarding transfer and ownership.
Ram Nath Kovind: The President of India at the time of promulgation of the regulation.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 18th March, 2020/Phalguna 28, 1941 (Saka)
THE LACCADIVE, MINICOY AND AMINDIVI ISLANDS LAND
REVENUE AND TENANCY (AMENDMENT)
REGULATION, 2020
NO. 6 OF 2020
Promulgated by the President in the Seventy-first Year of the Republic of India.
A Regulation further to amend the Laccadive, Minicoy and Amindivi Islands Land
Revenue and Tenancy Regulation, 1965.
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. (1) This Regulation may be called the Laccadive, Minicoy and Amindivi Islands Short title and
Land Revenue and Tenancy (Amendment) Regulation, 2020. commencement.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) It shall come into force on such date as the Administrator may, by notification in the
Official Gazette, appoint.
Insertionofnew 2. In the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy
section 15A. Regulation, 1965 (hereinafter referred to as the principal Regulation), after section 15, Reg. 6 of
the following section shall be inserted, namely:— 1965.
Special "15A. Notwithstanding anything contained in sections 14, 15, 83 and any other
provisions provisions of this Regulation and the rules made thereunder, where, a transfer by way
regarding
of sale or gift of any pandaram land has been made on or before the 31st day of
transferofcertain
pandaram lands December, 2019, between—
to Scheduled
TribeIslanders.
(a) the original allottee under section 14 or his legal heir and successor
and the Scheduled Tribe Islander; or
(b) the cowledar or his legal heir and successor and the Scheduled Tribe
Islander,
such transfer shall be deemed to be a valid transfer for all purposes under this regulation,
and the Scheduled Tribe Islander who is in possession of such pandaram land shall be
deemed to be—
(i) the allottee of the land under sub-section (1) of section 14;
(ii) in occupation of the land with lawful authority under section 15,
and shall be eligible to be conferred rights of occupancy under section 83.
Explanation.—For the purposes of this section, the expression "Scheduled Tribe
Islander" shall mean a person who belongs to any tribe or tribal community or part of or
group within any tribe or tribal community specified in Part I of the Schedule to the Constitution
(Scheduled Tribes) (Union Territories) Order, 1951.’’. C.O. 33.
Amendment 3. In section 83 of the principal Regulation,—
of section 83.
(i) in clause (b), the word "or" shall be omitted;
(ii) in clause (c), the word "or" shall be inserted at the end;
(iii) after clause (c), the following clause shall be inserted, namely:—
"(d) the Scheduled Tribe Islander referred to in section 15A.’’.
Amendment 4. In section 98 of the principal Regulation,—
of section 98.
(a) in sub-section (1), the words and figures "not exceeding the maximum rent
specified in section 104" shall be omitted;
(b) for sub-section (2), the following sub-sections shall be substituted, namely:—
"(2) Every lease of land made after the commencement of this Regulation
shall be for a period of not more than sixty years and at the end of the said
period, and thereafter at the end of every five years, the tenancy shall, subject
to the provisions of sub-section (3), be deemed to be renewed for a further
period of five years on the same terms and conditions except to the extent that
a modification thereof consistent with this Regulation is agreed to by both
parties.
(2A) Notwithstanding anything contained in sub-section (2), where a lease
of land is made after the commencement of the Laccadive, Minicoy and
Amindivi Islands Land Revenue and Tenancy (Amendment) Regulation, 2020
between the Government and a land owner for a public purpose, the maximum
period of such lease shall be ninety-nine years.".SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
5. Section 104 shall be omitted. Omission of
section 104.
6. In section 105 of the principal Regulation, in sub-section (1), for the words and Amendmentof
figures "shall, subject to the provisions of section 104, be the rent", the words "shall be the section 105.
rent" shall be substituted.
RAM NATH KOVIND,
President.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—6098GI(S3)—18-03-2020.