THE ASSAM FRONTIER (ADMINISTRATION OF
ruSTICE) REGTJI-ATION, I 945 (Regulation I of 1945)
A Regulation to consolidate and amend the law govern;ng the administration ofjustice in the Ftontiet Tracts ofAssam.
Whereas it is expedient to consolidate and amend the la* qoreming the administration ofJustice in tlrc BaliPara' Laltr-impur. Siaiya und Tirap Frontier Iracts ofAssanr' Now. therefore, the Governor of AssaIn, in exercise of the oowers conferred by the sub-scction t 2l o[ section 92 of the 'Covernment of lndia Acr. I935. is pleared lo make the following Regulation :-
CHAPIER I-GENERAL
l. (a) This Regulation may be cailed the Assam Frontier (Administration of Justice) Regulation 1945.
O) lt extends tlre whole ofthe Balipara,I-akhimpur, Sadiya and Tirap Frontier Tracts .
(c) It shau come into force on such date as the lAdministrator]1 may by notification in the lArunachal Pradeshlr Gazette and from such date the rules forthe administration of iustice in the Balipara Frontier Tract, tle rules for the administation ofjustice in Lakhimpur Frontier Tract and the rxles for the administration of justice ir1 the Sadiya Frontier Tract published with Notification Nos. 2350 (l)-AP 2530 (d)-AP and 2530 (e)-AP respectively dated the 26th March.1937 shau be deemed tobe repealed.
2. In this Regulation, except wh€re the coltrary aPpears from the context:
['Adiministrator'means the Administrator of the Union Teritoryof Amnachal Pradesh appointed by the President underArticle 239 of the Constitutionll 'heinous offence' means and includes any of the followiug namely:
53
I. substituted for the words 'Govemor' means the "Govemor of Assam" by AP ALO(21 of 1972.
2. Substituted for 'Assam' by the NEA (Reorgn) (AP)ALO'
1911.
-]. Definition for 'Administrator' irsened by theNEA (Reorgn) (AP) .ALO, 1972.
Preamble
Short title,
exteflt,
cornmence-
mentand
repeal.
Defirritions.
1
54
Murder, culpable homicide, causing grievous hurt rape, kidnapping or abducring in order to subject to slaveiy. disposing or bu1 ing o[ persons as slaves, habirurl dealinc in slaves, dacoity, robbery, rioting, house-breaking, theli ofcaitle, mischief by fire or any explosive substances, any offence punishable under Chapter VI or Chaprer XII of Indian penal Code, any offence punishable underAImsAct, and any attempt to commit or abetment ofany ofthe aforesaid offences.
"Pleader" includes a mukthar or any professional agent. ["Deputy Commissioner]r includes an ["Addl. Deputy Commissioner"l'?
"The Tracts" means the Batipara, Lakhimpur, Sadiya and Triap Frontier Tracts.
3. (l) The administration of the Tract is vested in the [Administrator] r and of each Tract in the [Deputy Commissionerlr the IAssistant Commissionerla and the village authorities thereof, or such other Officer or officers as the lAdministrator]r see fit from time to time to appoirt in that behalf, subject to the provisions hereinafter contained.
(2) [The Deputy Commissioner]' the [Assiatant Conmissionerlr of the Distdct shall be appointed by the lAdm inistraior I ' acting in his discretion. ,1. Thc {Deputy Commissionerlr may, subject to the provisions of this Regulation define the jurisdiction of any [Assistant Commissioner]a and may transfer any case, civil or crim inal from one lAssistant Commissioner]a to another or from an IAssislant Commissionerla to himself.
l. Substituted for 'Potitical Officer' by NEFA (Admn) Regulation 1965.
2. Substituted for 'Addl. Political Officer' by NEFA (Admn) Regulation, 1965.
..1. Subsrituted fbr'Governor'by rhe NEA (Reorgn) (A.p) N-O t912.
.1. Substituted for 'Asstt. political Ofljcer' by NEFA (Admn) Regulation, 1965.
Administra-
tion.
Jurisdiction
of Assistant
Commissioner.
(2) ln any area for which no village authority has been consdtuted under the provisions ofsub-section (l), the powers and functions of village authority as provided by this Regulation. shall be exerciseable and performed by the IDeputy Commissionerll or by any lAssistant Commissioner]'?
authorised by him in this behalf.
CHAPTER-II-POLICE
6. (l) The ordinary duties ofpolice in respect of crime shall be discharged by the village authorities. They shatl maintain peace and order within theirjurisdiction. Public duties
of village
authorilies.
(2) The village authorities shall not be deemed to be police officer for purposes ofsection 25 and section 26 ofthe Indian Evidence Act, 1872 or the sectior 162 of the Code of Criminal Procedure 1898 (since repealedbyAct Il of 1974).
(3) The village authorities shall watch and report on any vargrant, or any bad or suspicious character found within their jurisdiction, and may apprehend any such person if they have reasonable grounds for suspecting that he has committed or is about to commit an offence. and shall hand over any person so apprehend to the lDeputy Commissioner]r or an lAssistant Commissionerf
l. Substituted for 'Political Officer' by NEFA (Admn) Regulation 1965.
2- Substituted for 'Assistant Political Ofhcer' byNEFA (Admn) Regulation, 1965.
Act I
of 1872.
Act II
of 197-1.
55
5. (l) The [Deputy Commissioner]r shall appoint such Village persons as he considers to be the mernbers of a village authority authority' for such village or villages as he may specify, and may modify orcancel any such order of appointment, and may dismiss any person so appointed.
3
56
7. Every Civil Police station shall be under the control of the [Deputy Commissioner]r but its administration with regard ta the pay, allowances, clothing,transfer and discipline of the staff shall be vested in the Superintendent of Police of the District which fumished the staff or such other police officer as the Govemment may appoint in this behalf, provided that transfer shall be made in consultation with the [Deputy Commissioner.l'
8. On the commissioner of any heinous offence with in theirjurisdiction, the inhabitants ofthe village shall at once, if possible apprehend the offender and in any case shall at once inform the village authority, who if the offender has not been apprenhended shall procecd without delay to the place where the offence was committed and enquire into it.
9. [t shall be the duty ofthe village authorities to repon to the IDeputy Commissioner]r,IAssistant Commissioner]ras soon as possible all crimes, violent deaths, and serious accidents occuring within theirjurisdiction, and all occurences whether within or beyond theirjurisdiction, which may come to their krowledge and which are likely to affect the public peace: and to arest and deliver up olTenders as soon as may be [within a period oftwenty four houn of such arrest excluding ihe time necessary for thejourney from the place ofarrestl3 to the coun having jurisdictioo to try them.
10. A village authority may pursue beyond their jLrrisdiction any olTender or vagranl or bad or suspicious charactcr whom thcy consiedq it necessary to apprehend under thc plovisions of sub-section (3) of section 6. They shall not. horveYer, ordinirily arrest the offender or such person \\'ithour inlorming the village authority within whose juristliction he is found and inviting their assistance but may do so il thcre is a reasonable apprehension that hc may r)ther$ isc escape.
I 1. \\ihen a village authority is unable to arrest an offender; thcy lllay apply to the lDeputy Commissionerl'or an,[Assistant C omnissioner]2 or any officer empowered to make arrests. for r\\i\lance
1. Substituted for 'Political Officer' by NEFA (Admn) Regulation 1965.
2. Substituted for 'Assistant Politicat Oli'icer' by NEFA (Admn) Regulation, I965
-.I. Insened by AIO, 195{).
Control of
Police.
Occurence
of heinous
offence.
Reportsby
village
authority.
pursuit and
arrest of
offeoders.
procedure
when arrest
is
impossible.
57
12. (l) All inhabitants of the Tracts are bound to aid the village authority when required to do so for the maintenance of order of apprehending offenders, and are liable to fine for failing to give such assistance.
(2) such fine if imposed by the village authority shatl not exceed Rs.500*and ifimposed by the [Deputy Commissioner]t or an,[Assistant Commissionerl] shall not exceed Rs. 2000**.
(3) An appeal shall lie from an order passed under sub- section (2) by a village authority to the IAssistant Commissionerlz and from an order passed under sub-section
(2) by an [Assistant Commissioner]r to the [Deputy Commissionerl'.
(4) If it appears that the communityis to blame and that particular offenders cannot be discoYered, a fine not exceeding Rs.5000*** may be imposed uPon the community bythe [Deputy Commissioner]'
(5) Any fine imposed under suLsection (2) or suusection
(4) shall be recovered by distraint of the property of the person or persons on whom it is imposed.
13. without prejudice to any punishment to which he may be Iiable under any other law' a member of a village authority shall, for any misconduct il the exercise of his functions under this Chaptelbe punishable with line which may extend to Rs. 1000x*** or with imprisionment ofeither description for a L substituted for 'Political Officer' by NEFA (Admn) Regulation 1965.
2. Substituted for 'Assistant Political Officer' byNEFA (Admn) Regulation, 1965.
Substituted for "Rs- 50", by the Assam Frontier (Administration of Justice) Regulation,1945 (Amendment) Act, 2005 (No. I of 2005). Substituted for "Rs. 200" by the Assam Frontier (Administration of Justice) Regulation'1945 (Amendment) Act, 2005 (No. I of 2005). Substituted for "Rs. 1000" by the Asszun Frontier (Administration of Justice) Regulation,1945 (Amendment) Act, 2005 (No. I of 2005). Substituted for "Rs. 500" by the Assam Frontier (Administration of Justice) Regulation.1945 (Amendmenl ) Acl. 2005 (No. I of 2005). Aidto
village
authorities
Punishment
of members
of a village
authority.
58
term which may extend to six months. on conviction by the [Deputy Commissioner]r or an [Assistant Commissionerl] . An appeal shall lie from an order of [Assistant Commissioner], under this section to the lDeputy Commissioner]r.
14. The [Administratorlr may at any time catl for the proceedings in any matter under section I 2 or section 13, and may modify or set aside an order ofa village authoriry passed under subsection (2) of section 12, or an order, original or appellate, passed by the [Depury Commissioner]r or an [Assistant Commissioner]': under either of those sections. C}iAPTER NI-CRIMINAL PR(rcEEDINGS
15. Criminaljustice, shall be administered by the lDeputy Commissionerlr the IAssistant Commissioner], and the village authorities.
16. The [Administraror]1 may appoint an fAdditional Deputy Commissionerll for the trial of panicular cases when he thinks fit, and may direct that such [Additional Deputy Commissionerlr, shall, for the purpose, exercise all or any of the powers of the I Deputy Commissioner]r .
17. The [Deputy Commissioner]r shall be competent to pass any sentence warranted by la\r.
18. The lAssistant Commissioner], shall exercise any powers not exceeding those of a Magistrate of the lst Class, as defined in the Criminal Procedure Code, with which they may be invested by the [Administrator]r .
1. Substituted for 'Political Officer' by the NEFA (Admirlistralion) Regularion I965.
2. Substituted for 'Assistant Political Officer, bv the NEFA (Admn) Regulation, .l 965.
3. Substituted for 'Governor' by the NEA (Reorgn) Annachal Pradesh ALO 1972.
4. Substituted for 'Additional Political Officer, bv the NEFA (Administration) Regulation I 965.
Revision.
Administra-
tion.
Appointment
of Additional
Deputy
Commissioner.
Powers of
Deputy
Commissimer.
Powers of
A\sistant
Commissiorer.
59
19. The village authorities may try any case involving any of the under mentioned offences in which the person or persons accused is or are resident within theirjurisdiction :-
Theft, including theft in a building'
Mischief, notbeing mischief by lue or any explosive substance.
Simple hun.
Criminal trespass or house trespass'
Assault or using criminal force.
20.A village authority may impose a fine not exceeding Rs. 3000+. for any offence which they are competent to try' and may also award payment in reslilution or compensation to the extent of the iniury sustained: such fines and payments may be enforced by distraint of the proPerty of the offender'
21. The [Deputy Commissionerlr or an IAssistant Commissionerl'? may order compensation to be paid to any person in a criminal case out ofthe proceeds offrnes imposed il the case'
22. The village authorities shall decide all cases in open Darbar in the presence of at least three independent wimesses and of the complainant and the accused. They are empowered to order the attendance of all the foregoing, and ofthe witnesses to be examined in the case, and to impose a fine not exceeding Rs. 200** on any person failing to atteBd when so ordered'
23. If any person on whom a fine has been imposed bya village autiority fails to dePosit the amount at once, or within such further time as the village authority may allow, the village authority shall send him to an lAssistant Comrnissioner]: tobe dealt with in such rnatrner as he may deem frt, unless the accused person g ives notice ofhis intention to appeal against the decision
1. Substituted for 'Political Officer'by the NEFA (Administralion) Regulation I 965.
2. Substituted for 'Assistant Political Offlcer'by the NEFA (Admn) Regutation, I 965.
* Substituted for "Rs. 50" by the Assam Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. I of 2005).
x* Substiluted for "Rs. 50" by the Assam Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. 1 of 2005).
Jurisdiction
of village
authorities.
Powers of
village
authorities
Compen:ation
Disposal of
cases by
village
authorities
and powers
to compel
attendance.
Procedure
by village
authorities
after
sentence.
60
24. ADy pa y aggneyed by a decision of a village aurhority may appeal within Thirty days*** to the IAssistant Commissionerlr who on receipt of such appeal, shall try the carie de novo.
25. An appeal shall lie from an original decision of an IAssistant Commissioner]' to the lDeputy Commissioner]r.
26. An appeal shall lie to the {High Court| against sentences of three years imprisonment aad upward, and sentences of death or transportation. In other cases there shall be no right of appeal, bur the lHigh Court]r may entertain an appeal [by special leave]a .
27. (l) All appeals under section 25 or 26 must be presented within thirty days, from the date of the order appealed against, excluding the time taken in procuring a copy the order. Provided that an appeal from a sentence of death shali be preferred within seven days from the date of the sentence, excluding the time taken in procuring a copy of the order.
(2) The lDeputy Commissioner]2 shall on passing a sontence of deatb, inform the person sentenced of the provisions of sub-section (l ).
28. The [High Court]r or [Dputy Commissioner]: may call for the proceedings ofany officer subordinate to [it]5 and reduce, enhance or cancel any sentence passed. or remand the case for retrial, but no offence shall be punished by a sentence exceeding that warranted by law.
29. The [High Court]3 may for any reason which [it]s considers proper transfer any original case, pending or under trial before any Coun to any other Court comp€tent to try it, which is governed by this Regulation.
l. Substituted for 'Assistanr political Ofticer, bv the NEFA ( Administmtion ) Regulation. I 965.
2. Substituted for 'Polirical Officer,bv the NEFA (.Administration) Regulation 1965.
3. Substituted for 'Governor' by ALO 1950.
4. Substituted for'Ar his discretion'by ALO, 1950.
5. Substituted for'him'by ALO 1950. x**Substituted for "Seven days', by the Assam Frontier (Administration of Justice) Regulation. 1945 (Amendment) Act, 2005 (No. I of 2005).
Appeals
from village
authorities.
Appcals fiom
Assistant
C-onrnissioner.
Appeal to
the HiSh
Court.
Limitation
for appeals.
Powcr of
Revision.
Transfer of
cases.
6l
30. (l) All sentences of death, transportation. or imprisonment for seven years or nrore shall be subject to conhmntion by the [High Court]r and the proceedings of all cases in which any such sentence has treen pissed shall be submitted to the [High Court]' forthwith, land no souch sentence shall be carried into effe{t unless so confirmedl omitted by the Assam Frontier (Administration ofJustice) Regulation, 1945 (Amendment) Act,2005 (No. I of2005).
(2) In any case submitted under sub-section (l), the lHighCourtli-
(a) may confirm the sentence or pass any other sentence warranted by law ; or
(b) may annual the conviction and convict the accused of any other offence of which the [Deputy Commissionerl']might have convicted him : or tc) may order a new trial on thc sante or an amended charge ; or
(d) may acquit the accused person ; provided that no order of conftrrnation shall be rnade until the period allowed, for preferring an appeal has expired, or if an appeal is presented within such period, until such appeal is disposed of.
31. (l) When a sentence ofdeath passed by the lDeputy Commissioner|,':is confirmed by the [High Court]' , the [Deputy Commissionerl2, shall, on receiving the order of confirmation, cause such order to be citrried into effect by issuing a warrent in the form given in item No.XXXV of Schedule V of the Code of Criminat Procedwe, 1898 and taking such step6 as may be necessary.
(2) The [Deputy Commissioner]'? shall fix the time and place ofexecution, and the time fixed shall not be less than 2l or more than 28 days from the date of issue of the warrcnt. t. Substituted for 'Govemor' by ALO, 1950.
2. Substituted for'Political Officer' by the NEFA (Administration ) Regulation I 965. Confirmation
of sentence.
Powers in
such cases
Sentence of
dea1h.
Act V of
1898.
9
62
32. [The High Courtl'the [Deputy Commissioner]':the [Assistant Commissioner]3 shall be guided in regard to procedure by the principales of the Code of Criminal Procedure, 1898 so far as they are applicable to the circumstances of the [District]'and consistent with the pro\isions of lhis Regulation. The chief exceptions ar€ :-
(a) Verbal orders or notice only shall be requisite in any crse except when the regular police are employed, or when the person concemed is not a resident of or in the [District]{ at the time butorders of summons shall inevery case be for a fixed day, and the order shall be made known to the person concemed or to some adult member of his family. and. failling this. shall be openly proclaimed at the place where he is, or was last known to be, in sufhcient time to allow him il'he sees fit, to appear
(b) The proceedings ofthe village authorities need not be recorded in writhing, nor shall it be necessary that examinations before the IDeputy Commissioner]':
[Assistant Commissioner]r be signed by the parties examined but the lDeputy Commissionerl'? [Assistant Commissioner'll may require the village authority to report their procedings in any way which appears suitable.
(c) There shall be no preliminary enquiries by regular of village police unless the IDeputy Commissioner]2 or [Assistant Commissioner]3 sees fit to direct one.
(d) Recognisance to appear shall not b€ taken unless it appears necessary to the [Deputy Commissioner]2 or an IAssistant Commissioner]1.
(e) Procedings before the [Deputy Commissioner]r or [Assistant Cornmissioner]2shall be recorded in English only.
33. Omitred. l. Substituted fbr 'Govemor'by ALO, 1950.
2. Substituted for 'Political Officer'by the NEFA (Admn) Regulation 1965.
3. Substituted for 'Assistant Political Officer'by NEFA (Admn) Regulation 1965.
4. Substituted for 'tracts' by NEFA (Admn) Regulation 1965. Note :- See form 42 under Schedule V of the code ofCRPC 1973 which conespond to item No. XXXV of Schedule V ofthe Code ofCRPC 1898.
Criminal
Procedure
Code (V of
1898).
6-3
34. (l) The President may, either upon or withoul conditions, suspend the execution of or remit any sentence ol' death, and the [Administrator]r may , in like manner suspend the execution ofor remit any sentence.
(2) If any sentence has been suspended or renifted upon conditions, and in the opinion of the President or the [Administrator]r as the casse may be, thcse conditionshave not been fulfilled, the President or the lAdministrator]rmay cancal the suspension or remission and thereupon the person whose sentence has been suspended or remitted may, if at large, be arrested by any police without warant and remanded to undergo the unexpired portion of his sentence or made to undergo the punishment.
35. The President may commute any sntence ofdeath and the [Administrator]r may commute any one of the foliowing sentences for any other mantioned after it :- death. Iimprisonment for life]a confiscation of propeny, rigorous imprisonment, whipping, simple imprisonment, fi ne. Suspension
and
remission.
Commutation.
CIIAPTER- TV
CMLPROCEEDINGS
36. Civil justice shall be administered by the lDeputy Administration Commissionerlr,the lAssistant Commissioner]2and the village authorities.
37. The [Deputy Commissioner]r may try suits of any value. The lAssistaDt Commissioner]'? may try suits not exceeding Rs. 50000+ in value.
38. (l) [The Deputy Commissioner]r and [Assistant Commissionerl2 shall in every case in which both parties are indigenous to the [Union Teritory of Arunachal Pradesh]r endeavour to persuade them to submit to abitration by a panchayat.
1. Substituted for 'Political Of{icer'by the NEFA (Administrator) Regulation 1965.
2. Substituted for 'Assistant Political Officer) by the NEFA (Administration) Regulation, I 965.
3. Substituted for 'Govemor'by the NEA (Reorgn) (AP) ALO, t9'12.
4. Substituted for 'transportation for life' by Act 26 of 1955. * Substituted for "Rs. 1000" by the Assam Frontier (Administration of Justice) Regulation. 1945 (Amendment) Act, 2005 (No. I of 2005).
Powers of
Depury.
Lommlsstoner
and
Assistanl
Commissiorpr.
A$itation.
11
64
(2) If the parties agree, each pafiy shall nominate an equal number of members of the panchayat, and the [Deputy Commissionerl' or IAssistant Commissionerl'? shall either choose, or direct the panchayat to choose, a further person as umpire.
(3) The names and addresses of the members of the panchayat and umpire and a statement of the matter in dispute shall be recorded, and the [Deputy Commissionerlr or lAssistant Commissionerl'? shall direct the village authority or some other person to assemble the panchayat and witnesses within such time as he may specify, and also fix a date on which the decision ofthe panchayat shall be announceed before him.
(4) The umpire shall have no vote as a member of the panchayat, but shall enter on and decide the matter in dispute if the panchayat, or a majority of its members, are unable to agree on their decision before the date fixed under sub-section (3).
(5) On the date fixed for the announcement of the decision, the umpire aod the panies shall appear before the Court which directed the arbitration. and the Court shall' record the decision together with any order withch if considers reasonable for tie payment, or apportionment of the costs of the panchayat's procedings.
(6) The decision so recorded shall be enforceable as ifit was a decision of the Court recording it and shall be final. 39.( 1) In cases in which neither or only one of the parties is indigeDous to the [Union Territory of Arunachal Pradesh]' the IDeputy Commissioner]'? or [Assistant Commissioner]r may, with the consent of both parties, order that the case be referred to aribitration by a panchayat, and the provisions of sub- section (2) to (5) inclusive ofsetion 38 shall then apply except that the [Deputy Commissioner]r or IAssistant Commissioner]3 shall give the patries an apportunity to object to the decision. l. Substituted for 'Political Officer'; by the NEFA (Adminisr.ation) ReSulatioin 1965. (7 of 1965).
2. Substituted for 'Assistant Political Officer'bv NEFA (Admioistration) Regulation, 1965.
3. Substsitute for 'NEFA by NEA (Reorg) (Ap) ALO t972. Arbitration
in other
cases-
65
(2) Any such objection must be made within ten days of the day on which the decision of the panchayat or umpire is recorded and if made, shall be considered by the [Deputy Commissionerl'whose decision sh:tll be tinal.
(3) If no such objection is made the provisions of sub- section (6) of section 38 shall apply.
40. The vitlage authorities shall try all suils without limit of value, in which both the Parties are indigenous to the [Union Territoty of Arunachal Pradeshl'and live within their jurisdiction and which are not submitted to arbitration undcr the provisions of section 38. All other suits which are not submitted to arbitration under the provisions of section 39 shall be aied by the [Deputy Commissionerl'] or an [Assistant Commissionerlr.
41. The village authorities shall have power to order the attendance of tlre parties and of witness, and to fine up to a Iimit of Rs. 500x, persons failing to attend when ordered to do so.
42. The village authorities shall have power to award costs' as well as compensation not exceeding Rs. 5000** in any case to defendenls for unfounded or vexatious, suits brought against them.
1. Substitute for 'NEFA'by NEA (Reorg) (AP) ALO 1972.
2. Substituted for 'Political Officer'; by the NEFA (,{dministration) Regulatioin 1965. (7 of 1965).
3. Substituted for 'Assistant Political Officer' by NEFA (Adminislration ) Regulation. 1965.
* Substituted for "Rs. 50" by the Assam Frontier (Administration of Justice)
Regulation, 1945 (Amendment) Act, 2005 (No. I of2005). ** Substituted for "Rs. 50" by the Assam Frontier (Administration of Justice)
Regulation, 1945 (Amendment.) Acl, 2005 (No. I of 2ff)5) Powers of
authorities
Powers to
enlbrce
attendance
Unfounded
and
vexatious
suits.
66
43. The village authorities may appoint one or more assesors to assist them in comming to a decision, and when they do so, shall record, but shall not be bound by the opinion of the assessor or assessors.
45. (l) Unless any party having a right ofappeal against a decision ofa village authority gives notice,when suchdecision is pronounced, ofhis intention to appeal against it, the village authority shall carry out the decision forthwith, and for such purpose may proceed by distraint of aoy property belonging to any person liable to pay any sum under the decision. unless such person fumish security to the satisfaction of the village authority.
(2) Ifnotice ofintention to appeal is given, rhe village authority shall send the parties and witness to the [Deputy Commissionerlr or an [Assistant Commissioner], fonhwith, and one of the members of the village authority or one of the independent witness shall accompany them.
46. (l) Any person aggrieved by adecision ofavillage authority may appeal to the [Assistant Commissioner]2 in suits not exceeding Rs.500 in value and to the [Deputy Comrnissionerlr in suits exceeding that value. l. Substituted for 'Political Oflicer'by the NEFA (Administration) Regulation, 1965.
2. Substituted for 'Assistanr Political Officer'by NEFA (Adminislration ) Regulation 1965.
Assessors
44. (l) A1l suits tried by the village authorities shall be Hearing of decided in open Darbar in the presence of the parties and at cases. least ttree independent withness.
(2) The [Deputy Commissioner]1 or an [Assisrant Commissionerl'? may dircct a village authority to report their procedings in any cases or class of cases in any way which may appear to him to be suitable. Save as required by such direction, no record ofany procedings shall be mainained.
(3) After hearing bolh parties and rheir witness, ifany, the village authority shall forthwith pronounce a decision. Appeals
from village
authorities.
Procedure
after
pronounce-
ment of
decision.
67
(2) If such an appeal is filed, a record shall be made of the matter in dispute, and ofthe decision of the village authority.
(3) The appeltate cour1 shall, if necessary, examine the parties, and if the decision appears to bejust, shall affirm and enforce the decision as its own. If the aPpellate court sees grounds to doubt the justice of the decision, it shall try the cases de novo or refer to a Panchayat ; in any case so refrred, the provisions of section 38 shall apply as if the parties had agreed to submit to arbitration.
47. An appeal shall lie to the lDeputy Commissioner]rfrom any decision original or appellate, of an [Assistant Commissionerl'?.
48. An appeal shall lie to the [High Court]rfroman original decision ofthe [Deputy Commissioner]' if the value ofthe suit is not less than Rs. 500 or ifthe suit involves a question of trial of rights or customs, or of the right to, or Possession of, immovable property.
49. An appeal which lies to the [Deputy Commissioner]r or [High Court]r may be presented to the IAssistant Commission]'1 who shall.if it is in order and presented in due time, endorse upon it the date of receipt and transmit it with the records of the case to the lDeputy Commissioner]r
l. Substituted for 'Political Officer' by the NEFA (Administration) Regulation 1965.
2. Substituted for 'Assistant Political Officer'by the NEFA (Administration) Regulation 1965.
3. Substituted for 'Govemor'by ALO 1950.
4. Substituted for 'He'byALO 1950. Appeals
Aom
Assistant
C-ommissiqrr
Appeals
from Deputy
Commisstrner.
Presentation
of appeals.
50.The [High Court]]may, on application or other wise, call Powers o1' for the proceedings of any originial ca\e or appeal decided by revision' the lDeputy Commissioner]' and not appealable under this Regulation and may pass such ordersas [itl1 may deem fit.
68
51. Every petition of appeal under sectio[ 47 or section 48 and every application under section50 shall be accompaniedby a copy of the order against which the appeal or application is made, and shall be filed within thirty days of the date of such order, excluding the time taken in procuring a copy of the order
52. [The H igh Court]r the court of [Deputy Conrmissioner]'], [Assistant Commissioner]r shall be guided by rhe spirit, but shall not be boundby the letter, of the Code ofCivil Procedure, 1908. and shall follow subject to any expess provisions of these rules, the principles of the lndian Limitation Act. +* 1908, in disputes between persons who are not indigenous to the [Union Tenitory ofArunachal Pradesh]r
53. (l) Ifany decree is modified or amended as a rcsult of an appeal or of an order under section 50. the decree as so modified or amended shatl lbr the purposes of execution. be deemed to be the decree ofthe original Court.
(2) Decree against persons resident beyond the jurisdiction of the Court. if satisfaction cannot be obtained within the [Union Territory of Arunachal Pradesh]a shall be transferred for execution to a Court having jurisdiction.
54. Houses, necessary clothings. cooking utensils, or implements whcreby the own€r or his farnily subsist, shall not be aftached, sold or tansfered in execution of a decree. unless the house or other thing so exempted is the actual subject matter ofthe suit. Land may be sold or temporarily transfened where customadmils ofindividual rights in it being recognised.
55. No person shall be imprisoned for debt. except when the [Deputy Commissioner]'?is satisfied that he has made a fraudulent disposition or concealment of property. In such case the debtor may be detained for a period not exceding six months.
l. Substituted for'the Court of the Govemor. by ALO 1950.
2. Substituted for 'Political Officer' try the NEFA (Adminisaation) Regulation 1965. (7 of 1965).
3. Substituted for 'Assisrant Potitical Officer' by NEFA (Administration) Regulation I 965.
4. Substituted for 'NEFA by rhe NEA (Reorg) (Arunachal Pradesh) AI-O .1972.
** Limitation Ad 1208 since repealed by timitationAcr 1963 (34 of l96l).
Limitation
and other
conditions
Civil
Procedure.
Act IX of
l9()8.
Execution of
decrees.
69
56.( I ) No pleader shall be allowed to appear in any case before the village authorities.
(2) No pleader shall be allowed to appear in the Coun of the lDeputy Commissionerlr or [Assistant Commissioner]2 except with the [Deputy Commissioner's]r permission. Such pcrmission shall not be refused if the defendanl at the time the cause of action arose resided beyond the jurisdiction of the Court in an area where the appearance of pleadcr is not restricted;
(3) The lHigh Court ]rmay [by special leave ]rpermit any pleader to appear in any case before it. CHAPTER. V- EI'IDENC]E
57. In criminal cases betbre the [Deputy Comlrissioner]1, [Assistant Corffnissioner]':, oaths shall be administered to all witnesses when the accused is charged with murder, butnot in other cases unless either party so require or the Court so determines,
(2) In civil suits before the lDeputy Commissioner]r [Assistant Commissioner]2 oaths shall not be administered to parties or witnesses inless eitherparty so requires, or the Court so determines.
(3) When an oath is administered, ir shall be in the manner which the Court considers most binding on the conscience of the person marking it.
58. Any person who gives false evidence in any criminal case or civil suit, whether as a party or a witness, and whether after an oath bas been administered to him or otherwise. shall be deemed to have given false evidence within the meaning of the Indian Penal Code, 1860.
59. The [Deputy Commissioner] ' lAssistant Commissioner]r shall in all criminal cases and civil suits be guided by the general principles of the Indian Evidence Act, 1872.
[. Sut,stituted for 'Political Officer' by the NEFA (Admilistration) Regulation 1965. (7 of 1965).
2. Suhstituted for'Assistant Political Office!, by the NEFA lAdmirusuation t Regulation 1965.
3- Substituted for '(iovemor' by ALO 1950.
4. Substituted for'at his discrction ,':',;r.O 1950. Represent-
atl()n
Oaths
Guidance
with regard
to evidence
Act I of
1872.
False evidence. Act XIV of
1860.