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Act 002 of 2009 : Constitution (Scheduled Tribes) (Union Territories) Order (Amendment) Act, 2008

Preamble

Constitution (Scheduled Tribes) (Union Territories) Order (Amendment) Act, 20081

[Act 2 of 2009, Repealed by Act 23 of 2016*][7th January, 2009]

An Act further to amend the Constitution (Scheduled Tribes) (Union Territories) Order, 1951

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

1 Received the assent of the President on 7-1-2009 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 9-1-2009, pp. 1-2, No. 3.

* Ed.: Act 2 of 2009 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

Section 1. Short title

1. Short title.-This Act may be called the Constitution (Scheduled Tribes) (Union Territories) Order (Amendment) Act, 2008.

Section 2. Amendment of Part I of Constitution (Scheduled Tribes) (Union Territories) Order, 1951

2. Amendment of Part I of Constitution (Scheduled Tribes) (Union Territories) Order, 1951.-In the Schedule to the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, in Part I.-Lakshadweep, the following proviso and Explanation shall be inserted at the end, namely:-

‘Provided that the children who are born to inhabitants of Lakshadweep in any other place in the mainland of India shall be deemed to be inhabitants born in the islands if such children settle permanently in the islands.

Explanation.-The term "settle permanently" shall have the same meaning as defined under Clause 3(1)(d) of the Lakshadweep Panchayats Regulation, 1994 (Reg. 4 of 1994).’.