THE SHILLONG CIVIL COURTS AND LAWS ACT, 1947

.I ASSAM ACT VIII· OF 1947 THE SHILLONG CIVIL COURTS AND LAWS ACT, 1947 (Passed by the Assam Legislature.) ' (Received the assent of the Governor on the 31st March 1947 .] Preamble. Short titk, commence­ ment and extent. Definitions. [Published in the Assam Gaz:.ette of the 9th April 1947 ) An Act to extend certain enactments to the British portion of Shillong Town, and to make certain provisions for the better administration qf justice in that area. WHEREAS it is expedient that the administrati'on of civil justice in the British portion of the Town of Shillong should be brought into line with that obtaining in the more advanced parts of the Province ; And whereas it is further deemed expedient to extend to the aforesaid area certain enactments which ar~ either now not in force therein or in respect of which there is doubt as to whether they are in force ; It is hereby enacted as follows :- l. (1) This Act shall be called the Shillong Civil Courts and Laws Act, 1947 . (2) It shall come into force on such date as the Provin­ cial Government may, by notification in the official Gazette, appoint. (3) It shall apply to Shillong as defined in this Act. 2. Ir. this Act, (a) "the Governor" means the Governor of Assam. (b) "Shillong" means the British portion of the Khasi and Jaintia Hills District other than that declared to be a Partially Excluded Area under th~ Government of India \Exduded and Partially Excluded Areas) Order, 1936. Efxtentsi'?n 3. (1) Notwithstanding any provision now in force in, o cer am 1 Sh"ll . d . R 1 . A enactments. or app y1ng to, t ong contame in any egu at10n, ct Repeal. or Rules enacted by any authority or in any rule, notifica­ tion or order framed or issued by any authority under any such Regulation, Act or Rules, the enactments specified in the First Schedule to this Act are hereby extended to, and shall be in force in, Shillong. (2) The Provincial Government may, from time to time, by notification in the official Gazette, declare that any other enactment or enactments shall be in force in Shillong from such date as may be specified in such notification. 4. The Acts , Rules and Notifications mentioned in the first column of the Second Schedule to this Act are hereby repealed to the extent specified in the second column thereof. P rice 1 anna or ld. · ... 2 Shillong to 5. ShiIIong shall be deemed to be a "District" within be a District, the meaning of clause (4) of section 2 of the Code of Civi! Continuity of procee­ dings. Year 1872 1872 . 1877 1882 1887 1887 1 87 1908 1908 Procedure, 1908 ; and the District Judge of the Assam Valley Districts shall be deemed to be the principal Civil Court of original jurisdiction in the aforesaid District for the purposes of all Acts, Regulations, Ordinances, Rules or Orders by whatever ·authority enacted which are, for the Act V of 1908. time being, in force in Shillong. 6. (a) Every suit, appeal, application for revision, proceeding or other business, pending on the date on which this Act comes into force before the Court of the Deputy Commissioner or the Additional Deputy Commissioner of the Khasi a,nd Jaintia Hills District, or of any Assistant to the Deputy Commissioner as aforesaid, or the Commis­ sioner of Divisions or the Governor shall, on the aforesaid date, be transferred or deemed to have been transferred for disposal to the Court which would have been competent to entertain and dispose of such suit, appeal, application for revision, proceeding or business, had this Act been in force on the <;late of the institution or commencement of the same; · and the latter Court shall deal with and dispose of the same in accordance with law. (b) Any applicatio~ for i:ehearing, review, execution, amendment of decree or the like and any other petition in respect of a disposed of suit, appeal ·or other judicial pro­ ceeding which could have been filed in the Court of the said Deputy or Additional Deputy Commissioner, or of any Assistant to the Deputy Commissioner, or of the Commis· sioner or of the Governor but for the passing of this Act shall be filed in the Court to which such suit, appeal or other judicial proceeding would be deemed to have been transferred if it had been pending on the date this Act comes into force. Numher Act I Act IX Act I Act IV Act VII Act IX ... Act XII Act V Act IX FIRST SCHEDULE (See section 3) (Acts extended to Shillong) Short title The Indian Evidence Act. The Indian Contract Act. The Specific Relief Act. The Transfer of Property Act. The Suits Valuation Act. The Provincial Small Cause Courts Act. The Bengal, Agra and Assam Civil Courts Act. The Code of Civil Procedure. The Indian Limitation Act. 0 0 3 SECOND SCHEDULE (See section 4) (Acts, rules and notifications repealed in Shillong) Title or Description . The Assam General Clauses Act II of 1915. The Shillong (Attachment of Salaries) Act VIII of 1943. Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills prescribed by the Governor of Assam by Notificat.fon No. 2618-A.P., dated the 29th March, 1937. Notification No.81-:T . , dated the 19th November, 1884, issued by the Chief Commission.er of Assam, barring the application of the Transfer of Property Act , 1882, to the Khasi and Jaintia Hills Distrir.t, and the Garo Hills District. Notification No .502-F., dated the 19th February 1908, issued by the Chief Commissioner of Assam, barring the application of the lrtdian Stamp Act, 1899, to the_ Khasi and Jaintia Hills District, etc. Notification No.5868-A .P., dated the 8th September 1934, by the Governor of Assam, barring the applica~ipn of the Indian Limita­ tion Act, 1908, to the Khasi and Jaintia Hills District. A. G, P. (Leg.) Ne. 8-750+2~-17-S-1947. Extent of repeal Section 14 so far as it applies to Shillong. The whole Act. Rules 25 to 41 (both inclusive) so far only as they apply to Shillong : Provided that all orders and decisions passed or made under or in pur­ suance of the aforesaid Rules shall be deemed to have been passed or made under or in pursuance of the corresponding provisions of the Acts which hereby are extended to and are in force in Shillong. So far only as it applies to Shillong. · So far only as it applies to Shillong. So far only as it applies to Shillong.