The Bengal, Agra and Assam Civil Court (Amendment) Act, 1965

The 8th June 1965 No.LJL.44/64/50.—The foilowing Act of the Assam Legislative Assembly which received the assent of the President is hereby published for general information. ASSAM ACT IX OF 1965 (R eceived the assen t o f the Preside: it on the 1 s t June, 1965 [Published in the Assam Gazette, Extraordinary, dated the 8th June, 1965 TH E BENGAL, AGRA AND ASSAM C.'IVIL COURTS (ASSAM AMENDMENT) ACT, 1965 An Act further to am end the Bengal, Agra and A ssam C ivil Courts A ct, 1887, in its application to the State o f A ssam . Frcamble Whereas it is expedient further to amend the Ben- C entral Act gal, Agra and Assam Civil Courts Act, 1887, herein- 12 o f 1887, after called the principal Act, in i s application to the State of Assam, in thej manner hereinafter appearing:— It is hereby enacted in the Sixteenth Year of the Republic of India as follows:— Sbort title, 1. (1) This Act may be called the Bengal, Agra and extent and Assam Civil Courts (Assam Amendment) Act, 1965. commence­ ment. (2) It extends to the State of Assam. (3) I t shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Amendment of section 19 of Central Act 12 of I887. 2. In section 19 of the principal Act,-— (1) in sub-section (1), for the words “one thousand rupees” at the end the words “ three thousand rupees” shall be substituted ; (2) for sub-section (2) the following shall be substi­ tuted, namely:— ‘•(2) The State Government may, on the recom­ mendation of the High Court, direct, by notification in the Official Gazette with res­ pect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification: Provided that the State Government may, by noti­ fication in the Official Gazette, delegate to the High Court its powers under this section.” Amendment 3. In section 2 l£ofthe principal Act, in clause (a) of section 21 of sub-section (1), for the words “five thousand rupees” of Central Words ‘'seven thousand rupees” shall be substi- Act 12 of . . j 1887. tuted. Amendment 4. In section 36 of the principal Act, in clause (a) of section 36 of sub-section (1), for the words “ territories adminis- of Central tered by the Chief Commissioner of Assam except fas? 1 °' the district of Sylhet” occurring between the words “ the” and “ or” the words “ State of Assam” shall be substituted. Retrospec- 5, (1) The provision of clause (a) of sub-section (1) Central Act tive opera- o f section 21 of the Bengal, Agra and Assam Civil I2 of 1887. i l o n ’ Courts Act, 1887, as amended by section 3 of this Act shall apply irrespective of the fact that suits, proceedings, decrees or orders out of which the appeals referred to therein arise were instituted or made prior to the commencement of this Act. (2) Notwithstanding anything to the contrary con- Central Act tained in the Limitation Act, 1963, an appeal from a 36 o f I9 6 3 , decree or order made before the commencement of this Act, which but for the provisions of this Act, would 3 J have been preferred before the High Court within ninety days from the date of such decree or order, shall be preferred before the District Judge, within the said period. Savings 6. Nothing in this Act shall be deemed to affect any appeal instituted prior to the commencement of this Act. B, SARMA, Secretary to the Govt, of Assam, Law Department