ORDINANCE No 36 OF 2007
THE EDAVAGAI RIGHTS ACQUISITION (AMENDMENT)
ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
to amend the Edavagai Rights Acquisition Act, 1955.
Preamble.-WHEREAS the Edavagai Rights Acquisition (Amendment) Ordinance, 2005 (19 of 2005) was promulgated by the Governor of Kerala on the 2nd day of December, 2005;
AND WHEREAS a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and its session which commenced on the 14th day of March, 2006 and ended on the 15th day of March, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Edavagai Rights Acquisition (Amendment) Ordinance, 2006 (9 of 2006) was promulgated by the Governor of Kerala on the 17th day of March, 2006;
AND WHEREAS a Bill to replace Ordinance No. 9 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of May, 2006 and ended on the 30th day of June, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Edavagai Rights Acquisition (Amendment) Ordinance, 2006 (33 of 2006) was promulgated by the Governor of Kerala on the 5th day of July, 2006;
AND WHEREAS a Bill to replace Ordinance No. 33 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Edavagai Rights Acquisition (Amendment) Ordinance, 2006 (47 of 2006) was promulgated by the Governor of Kerala on the 30th day of October, 2006;
AND WHEREAS a Bill to replace the Ordinance No. 47 of 2006 by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Edavagai Rights Acquisition (Amendment) Ordinance, 2006 (13 of 2007) was promulgated by the Governor of Kerala on the 4th day of February, 2007;
AND WHEREAS a Bill to replace the Ordinance No. 13 of 2007 by an Act of the State Legislature could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;
AND WHEREAS under sub-clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance will cease to operate on the 13th day of April, 2007;
AND WHEREAS difficulties will arise if the provisions of the said Ordinance are not kept alive;
AND WHEREAS the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title and commencement.--(1) This Ordinance may be called the Edavagai Rights Acquisition (Amendment) Ordinance, 2007.
(2) It shall be deemed to have come into force on the 3rd day of December,2005.
2. Act XXVII of 1955 to be temporarily amended.--During the period of operation of this Ordinance, the Edavagai Rights Acquisition Act, 1955 (XXVII of 1955) (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in section 3.
3. Amendment of section 6.--In section 6 of the principal Act, -
(a) in sub-section (2),-
(i) in clause (a), for the words "at the rate of four per cent per annum", the words, "at the rate of interest applicable from time to time, to fixed deposits for a period of not less than five years in the Treasury Savings Bank" shall be substituted;
(ii) in clause (b), for the words, letters and figures, "a cash annuity of Rs.900 to the present Chief for his life-time, and a cash annuity of Rs.168" the words, figures and letters "a cash annuity of Rs.9,000 to the present Chief for his life-time, and a cash annuity of Rs.3,600" shall be substituted;
(b) in sub-section (3),-
(i) in clause (a), for the words "at the rate of four per cent per annum", the words, "at the rate of interest applicable, from time to time, to fixed deposits for a period of not less than five years in the Treasury Savings Bank" shall be substituted;
(ii) in clause (b), for the words, letters and figures "Rs.1500 to the present Chief for his life-time, a cash annuity of Rs.900 to the present eldest female member for her life-time and a cash annuity of Rs.360" the words, letters and figures "Rs.15,000 to the present Chief for his life-time, a cash annuity of Rs.9,000 to the present eldest female member for her life-time, and a cash annuity of Rs.3,600" shall be substituted;
(c) in sub-section (4) in clause (a), in the second sentence, for the words "at the rate of four per cent per annum", the words "at the rate of interest applicable, from time to time, to fixed deposits for a period of not less than five years in the Treasury Savings Bank" shall be substituted.
4. Repeal and Saving.- (1) the Edavagai Rights Acquisition (Amendment) Ordinance, 2006 (13 of 2007) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance.
R. L. BHATIA
GOVERNOR.
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