Assam act 026 of 2009 : The Assam Administration of Justice in the North Cachar Hills District Act, 2009

1640 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009_________ . □

AN

ACT

for the Administration of Justice - both Civil and Criminal in the North Cachar Hills District in the State of Assam to facilitate the trial of suits and cases by regular Civil and Criminal Courts subject to provisions of the Sixth Schedule to the Constitution of India.

Preamble Whereas it is expedient to provide for the

administration of Justice both - Civil and Criminal in the North Cachar Hills District in the State of Assam to

facilitate the trials of suits and cases by regular civil and Criminal Courts in order to effect the Constitutional

mandate of separation of Judiciary from Executive

pursuant to the directive of the Apex Court subject to

provisions of the Sixth Schedule to the Constitution of India and the matters connected therewith or incidental thereto Whereas it is expedient for bringing the

Judiciary Separated from the Executive to take away the

existing system of Administration of Justice by the Deputy Commissioner or his assistants within the scope and ambit of the Sixth Schedule of the Constitution of India and to set up regular Civil and Criminal Courts for discharge of Judicial functions. The North Cachar Hill Areas being the Tribal areas contemplated under Article - 244 of the

Constitution is covered by the Sixth Schedule to the

constitution. Therefore, the regular Civil and Criminal

Courts shall be made functional subject to provisions of

Para - 4 and 5 of the Sixth Schedule to the Constitution

It is hereby enacted in the Sixtieth Year of the

Republic of India as follows: -

Short title, 1.(1) This Act may be called the Assam Administration of extent and Justice in the North Cachar Hills District Act, 2009 commencement

(2) It extends to the whole of the North Cachar Hills District in the State of Assam

(3) It shall come into force at once

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1HE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29. 2009 1641

Application

of the provisions

of the Code of

Civil Procedure,

1908 and the

Code of Criminal

Procedure,

1973, in the

North Cachar

Hills District

Repeal and 3.

saving

(1) On and from such date as the State Government may notify in this behalf in the Official Gazette under the proviso to sub-section(3) of section 1 of the Code of Civil Procedure, 1908 and under the

proviso to sub-section (2) of section 1 of the Code of Criminal Procedure,

1973 respectively, the provisions

of the Code of Civil Procedure, 1908

Central Act

No.5 of 1908

Central Act

No 2 of 1974

and the Criminal Procedure Code, 1973

shall apply in the whole of the North

Cachar Hills District for the administration of Justice -both Civil and Criminal subject to provisions of the Sixth Schedule to the Constitution of India.

(2) The provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 shall apply mutatis mutandis to all proceedings, enquiry, investigation, trial and other incidental matters connected with the conduct of Civil and Criminal cases subject to provisions of the Sixth Schedule.

(3) The powers and functions of the police under the existing system which have been prevailing in the North Cachar Hills District so far the suits and cases covered by this Act shall be exercised by the State Police authorities in exercise of the powers conferred and functions assigned to them under the relevant provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.

(1) The provisions of the Rules for the Administration of Justice in the North Cachar Hills Sub-Division framed by the Governor under the powers vested in him by section 6 of the Scheduled District Act, 1874 ( Act XIV of 1874 ), hereinafter called as the Rules, insofar they are inconsistent with the provisions of this Act, shall stand repealed.

(2) Notwithstanding such repeal, - (i) anything done or any action taken or any case already disposed of under the Rules shall be deemed to have been done or disposed of as if this Act has not come into force.

(ii) suits, cases, appeal, application, proceedings or other business relating to both Civil and Criminal Justice pending before the Court of Deputy Commissioner or the Assistants to Deputy Commissioner shall stand transferred to the Competent Civil and Criminal

Courts of the appropriate jurisdiction to

be established under the Code of Civil

Procedure, 1908 and the Code of Criminal

Procedure, 1973,as the case may be,

with effect from such date as may be

notified by the State Government.

Central Act

No 5 of 1908

Central Act

No.2 of 1974

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1642 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009

(iii) (a) In the trial of suits and cases arising out of any law in force in the North Cachar Hills District, the Civil Courts of competent Jurisdiction shall be governed by the provisions of the Code of Civil Procedure, 1908 as amended.

(b) In the trial of Criminal cases in respect of offences punishable with death, transportation for life, or imprisonment for a term of not less than 5 years under the Indian Panel Code or under any other laws for the time being in force, the Courts of competent Jurisdiction shall be governed by the Code of Criminal procedure, 1973 as amended.

MOHD. A. HAQUE,

Secretary to the Government of Assam, Legislative Department, Dispur. GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21 (Ex-Gazette) No. 679/09-500+600-29-10-2009.

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