REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 36] NEW DELHI, THURSDAY, JANUARY 29, 1970/MAGHA 9, 1891
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF HOME AFFAIRS
NOTIFICATIONS
New Delhi, the 29th January 1970
S.O. 384—In exercise of the powers conferred by sub-section (3) of section 1 of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 (19 of 1989), the Central Government hereby appoints the 1st day of March, 1970. as the date on which the said Act shall come into force in all areas of the Union territory of Laccadive, Minicoy and Amindivi Islands.
[ No. F. 13/1/70-UTL.]
S.O. 385.—In pursuance of clause (1) of article 239 of the Constitution and in partial modification of the notification of the Government of India in the Ministry of Home Affairs No. S.O. 1615, dated the 6th May, 1968, In so far as it relates to the exercise of powers and discharge of functions by the Adminis- trator of the Union territory of Laccadive, Minicoy and Amindivi Islands, the President hereby directs that the said Administrator shall. subject to the con- trol of the President and until further orders, exercise the powers and discharge the functions under the Code of Criminal Procedure. 1898 (5 of 1898), as amend- ed by the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 (19 of 1969), in relation to the Union territory of Laccadive, Minicoy and Amindivi Islands, specified in column (1) of the Schedule hereto annexed, subject to the general condition that the Central Government may itself exercise all or any of those powers and discharge all or any of those functions should it deem necessary so to do and subject to the special conditions, if any. specified in column (2) of the said Schedule.
( 160)
17o THE GAZETTE OF INDIA EXTRAORDINARY [PART II—2. This notification shall have effect from the 1st March, 1970-
Schedule showing the delegation off powers and functions under the Code of Cri- minal Procedure, 1898 (5 of 1898), as amended by the Union Territories (Separa- tion of Judicial and Executive Functions) Act, 1909 (19 of 1969) to the Adminis- trator of the Union territory of Laccadlve, Mlnlcoy and Amindivi Islands.
Conditions subiect to which exerdaeble Powers and functions
( 2)
CD
(0 All powers and functions of lhc_ State Govern-
ment except those under section 14.
The powers to empower and Executive Magistrate under sub-section (iA) of section 164 shall be exercised only when the Judicial Magistrate is not available to record the statement or confession.
(ii) Powers and functions of the Central Government under sub-section (3) of section 19KB, in respect of persons employed in connection with Ihe ad- ministration of 1 he Union territory of Laccadive, Minicoy and Amindivi Islands.
Cm) Powers and functions of the appropriate Gov- ernment under section 401, except in respect of— (a) cases involving the sentence of death where
such sentence has not been commuted;
(6) cases where the sentence is for an offence against any kw relating to any of the matters enumerated in List I inthc Seventh Schedule to the Constitution; and
(c) cases where the order referred to in sub- section C4A) of section 401 passed under any law relating to any of the matters enumerated in List I in the Seventh Schedule to the Constitution.
[No. F- 2/1/70-UTL.]
K. R. PRABHU, Jt. Secy.
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY I7I ija THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(11)]pfiXMTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PHESS, M1NTO ROAD. NRW DELHI AND PUBt.ISHFD UV THK MANAGER OF PUBLICATIONS, DEI,Hr, 19V0