The Arunachal Pradesh Civil Courts (Amendment) Act, 2022

The Arunachal Pradesh Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 340, Vol. XXIX, Naharlagun, Tuesday, November 15, 2022, Kartka 24, 1944 (Saka)

GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR

NOTIFICATION

The 14th November, 2022

No. Law/Legn-21/2022. The followingAct of the Arunachal Pradesh Legislative Assembly which was passed in the Tenth Session of the Seventh Legislative Assembly and received the assentof the Governor of

Arunachal Pradesh is hereby pulished for general information.

(Received the assent of the Governor on 3rd November, 2022)

THE ARUNACHAL PRADESH CIVIL COURTS (AMENDMENT)ACT, 2022

(ACT No. 15 OF 2022) An

Act to amend the Arunachal Pradesh Civil Courts Act, 2021 (Act No. 4 of 2021).

Be itenacted by the LegislativeAssembly ofArunachal Pradesh in the Seventy-third Year of the Republic of India as follows;

1. (1) This Act may be called the Arunachal Pradesh Civil Courts (Amendment) Act, 2022.
2. (2) Itshall come into force on the date of its publication in the Official Gazette.

(hereinafter called the principal Act), in section 1G, after proviso (iii) to sub-section (3), the following subsection shall be inserted,-

"(4) Notwithstanding anything contained inthis Act or any other law for the time being in force, whenever a Civil suitis instituted for trial by the village authorities, the concerned local administrative officer(s) of the area shall continue to facilitate and refer back the case to the concerned village authorities, for trial under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945".

1. (i) In the principal Act, in sub-section (3) of section 15, after the words, Court of Civil Judge (Senior

Division) of the district appearing in the last part of the sentence, the words, "and in case the Court of Civil Judge (Senior Division) has not been established in the district, to the Court ofAdditional District Judge or the District Judge, as the case may be" shall be added.

1. (if) In the second proviso of sub-section (3) of section 15, for the existing entries, the following shall be substituted,- Provided further that,in case the Deputy Commissioners could not dispose of the pending appeals in their Court(s) within one year from the date ofcommencement of the Arunachal Pradesh Civil Courts Act, 2021 (Act No. 4 of 2021), they shall transfer such pending appeal cases to the Courts of Civil Judge Junior Division, the courtsof Civil Judge Senior Division, the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, as per their territorial and pecuniary jurisdiction. 2 The Arunachal Pradesh Extraordinary Gazette, November 15,2022 Provided also that,in case an appeal is transferred by the Deputy Commissioners or preferred against the judgement of the Customary Court(s) in the Courts of Civil Judge Junior Division, the courts of Civil Judge Senior Division, the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, such appeal shall not be set aside merely on technical ground or procedural lapses but in the interest of justice shall be disposed of as may be deemed appropriate or proceed with the case de novo. Provided further aiso that, where the Deputy Commissioners has already transferred pending appeals of pending civil suits to the Courts ofAdditional District Judge or the Courts of District Judge in terms ofthe second proviso of sub-section (3) of section 15 of the Arunachal Pradesh Civil Courts Act, 2021 (Act No. 4 of 2021), the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, may further transfer the appeal to the Courts of Civil Judge Junior Division, the courts of Civil Judge Senior Division as per their territorial and pecuniary jurisdiction for their disposal.
   • (iii) After the fourth proviso to sub-section (3) of section 15, the following sub-section shall be inserted,-

1. (4) Anappeal from the village Authority, if agreed to by the parties, shall lie before the inter-village territorial Customary Court or Apex Customary Court, by whatever name called, which shall settle the case as per the local traditional customary laws under the provisions of section 40 of the Assam Frontier (Administration of Justice) Regulation, 1945. Provided that, an appeal against the order of the inter-viliage territorial court or Apex Customary Court shall lie before the Courts of Civil Judge Junior Division, the Courts of Civil Judge Senior Division, the Courts of Additional District Judge or the Courts of District Judge, as the case may be, as per their territorial and pecuniary jurisdiction. Provided further that, the courts of Civil Judge Junior Division, the Courts of Civil Judge Senior Division, the Courts of Additional District Judge or the Courts of District Judge, as the case may be, shall not set aside an appeal so filed merely on technical ground or procedural lapses but in the interest of justice shall dispose of the same as may be deemed appropriate or proceed with the case de novo.

(i) In section 27 of the principal Act, in sub-section (1), clause (xi) shall read as under,- For sub-section (2) of section 45 of the Assam Frontier (Administration of Justice) Regulation, 1945, the following shall be substituted,- (2) (a) Executionand enforcement of the order or decree passed by the village authority : If the person against whom a decree or order has been passed by the village authority, fails to pay or comply with such order or decree within a period of thirty days, the party in whose favour such decree or order has been passed, may apply to the concerned Deputy Commissioner or Assistant Commissioner, as the case may be, for execution or enforcement of the decree or order of the village authority. (b) The concerned Deputy Commissioner or the Assistant Commissioner, as the case may be, on receipt of such application may call for records of the order or decree of the village authority and execute or enforce the same by following the principles laid down in the Code of Civil Procedure, 1908 in spirit . (ii) In clause (xiv), the figure 58" shall be deleted. Onit Panyang, IAS Commissionerto the Government of Arunachal Pradesh, Itanagar Published and Printed by Directorate of Printing, Naharlagun.-548/2022-DoP-250+Secy. (LA) 50+Commissioner (Law)-50-11-2022.