Schedule

( 15[See sections 18 and 21]) AMENDMENTS TO THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882, IN ITS APPLICATION TO THE CITY OF AHMEDABAD. 16[1. After section 1, the following section shall be inserted, namely :— "1A. This Act shall extend to, and come into force in the City of Ahmedabad on the date on which the Ahmedabad City Courts Act, 1961 comes into force: Provided that— (a) with effect on and from the date of the commencement of the Ahmedabad City Courts (Amendment) Act, 1980 it shall also extend to and come into force in those areas of the City of Ahmedabad as constituted under the Bombay Provincial Municipal Corporations Act 1949 which were included in the said City under the latter Act after the appointed day, but before the date of the commencement of the former Act, (b) with effect on and from the date of inclusion of or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2 of the Ahmedabad City Courts Act, 1961 of any area by a notification issued under that clause, it shall also extend to and come into force in the area included in the said City, or as the case may be, cease to extend to and be in force in the area excluded from the said City by such notification : Provided further that the provisions of the Bombay General Clauses Act, 1904 shall, save as otherwise expressly provided in the Ahmedabad City Courts Act, 1961, apply to such cesser in any area as aforesaid as if it were repeal of an enactment.] 2. In section 4- (1) after the words "as the case may be" the words "or in the City of Ahmedabad" shall be inserted, and Special provision for transfer or continuance of pending proceedings on exclusion of area. Removal of doubt. Guj. XIX of 1961. Extent and commencement in the City of Ahmedabad. Guj. 33 of 1980. Bom. LIX of 1949. Guj. XIX of 1961. Bom.I of 1904. Guj. XIX of 1961. The Ahmedabad City Courts Act, 1961 10 of 13 • * * * * * * * * 3. Section 5 shall be renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, the following sub-section shall be inserted, namely:- "(2) In the City of Ahmedabad there shall be a Court to be called the Court of Small Causes of Ahmedabad." 4. Section 6 shall be renumbered as sub-section (1) of that section and after sub-section (1) so renumbered the following sub-section shall be inserted, namely:- "(2) The Court of Small Causes of Ahmedabad shall be deemed to be a court subject to the superintendence of the High Court of Gujarat and to be a Court subordinate to that High Court within the meaning of section 6 of the Legal Practitioners Act, 1879, and that High Court shall have in respect of the Small Cause Court of Ahmedabad the same powers as it has in respect of the courts subject to its appellate jurisdiction.". 5. In section 16 for the words "High Court" the words "Ahmedabad City Civil Court" shall be substituted. 6. Section 17 shall be renumbered as sub-section (1) of that section and in that section- (i) in sub-section (1) so renumbered, for the words "The local limits" where they occur for the first time, the words, brackets and figure "Save as otherwise provided in sub-section (2), the local limits" shall be substituted; (ii) after sub-section (1), the following sub--section shall be inserted, namely:— "(2) The local limits of the jurisdiction of the Court of Small Causes of Ahmedabad shall be the local limits of the City of Ahmedabad". 7. In section 21,- (a) the words "and all suits whereof the amount of the value of the subject-matter exceeds one thousand rupees" shall be deleted, and (b) for the words "High Court" the words "Ahmedabad City Civil Court" shall be substituted. 8. For section 22 the following shall be substituted, namely:— "22. In any suit instituted in the Ahmedabad City Civil Court, other than a suit to which section 21 applies, if the Judge, who tries it is of the opinion that it ought to have been instituted in the Small Cause Court then — (a) if the Plaintiff does not obtain a decree, the Defendant shall be entitled to his costs and may also be awarded such additional amount not exceeding one thousand rupees by way of compensation as the Judge may award; or (b) if the Plaintiff obtains a decree for any matter of an amount or value less than two thousand rupees, no costs shall be allowed to the Plaintiff". 9. In section 31, in clause (a) after the words "or Bombay" the words "or the Ahmedabad City Civil Court" shall be inserted. 10. Sections 39 and 40 shall be deleted. 18 of 1879. Costs when Plaintiff sues in Ahmedabad City Civil Court in other cases cognizable by Small Cause court. The Ahmedabad City Courts Act, 1961 11 of 13 11. In section 47, for the words "the occupant binds himself" the words "the occupant, at the earliest opportunity, and in any event before filing any statement of defence, binds himself" and for the words "High Court" the words "Ahmedabad City Civil Court" shall be substituted. 12. In section 49, for the words "High Court" the words "Ahmedabad City Civil Court" shall be substituted. 13. In section 50, after the words "and Bombay" the words "and to every place within the City of Ahmedabad" shall be inserted. 14. In section 60,- (1) the first sentence shall be numbered as sub-section (1) and in that sub-section so numbered for the words "five days" the words "fifteen days" shall be substituted and to that sub-section, the following proviso shall be added, namely : - " Provided that where the Judge is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, he may extend the period to such extent as he may consider necessary."; (2) the second sentence shall be numbered as sub-section (2). 15. In section 61 for the words " High Court " at both the places where they occur, the words "Ahmedabad City Civil Court" shall be substituted. 16. In section 63 for the words " High Court " wherever they occur, the words " Ahmedabad City Civil Court "shall be substituted. 17. In section 64,- (1) for the words " High Court " the words " Ahmedabad City Civil Court" shall be substituted ; (2) for the words " at the expiration of five days from the seizure of property under this chapter " the following words, brackets and figures shall be substituted, namely :— "at the expiration of fifteen days from the seizure of property under this chapter or, as the case may be, of the extended period under the proviso to sub-section (1) of section 60.". 18. Section 73 shall be renumbered as sub-section (1) of that section and in sub-section (1) so renumbered after the words "have been respectively paid" the following proviso and sub-section shall be inserted, namely :- "Provided that no such fees shall be repaid if the amount of institution fee on the plaint or application does not exceed five rupees or the claim for repayment is not made within one year from the date on which the suit or proceeding was so settled. (2) The State Government may, from time to time, by order, provide for repayment to the Plaintiffs or applicants of any part of the fees paid on claims or applications by them in suits or proceedings, as the case may be, disposed of under such circumstances and subject to such conditions as may be specified in the order.". 19. In section 92, for the words "State Government" the words "High Court" shall be substituted. 20. In section 93, for the words "and West Bengal," the words "West Bengal and Gujarat" shall be substituted, The Ahmedabad City Courts Act, 1961 12 of 13 21. In the third Schedule, for the words "four annas per day " the words " such fee not exceeding seventy five naye Paise per day as may be fixed by the Registrar of the Small Cause Court " shall be substituted. AMENDMENTS TO THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947, IN ITS APPLICATION TO THE CITY OF AHMEDABAD. 1. In section 28, in sub-section (1) before clause (aa) the following clause shall be inserted, namely :- "(a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad.". 2. In section 29.- (1) in sub-section (1),— (a) before clause (b) the following clause shall be inserted, namely:- "(a) in the City of Ahmedabad, from a decree or order made by the Court of Small Causes, Ahmedabad, exercising jurisdiction under section 28, to a bench of the two judges of said Court which shall not include the judge who made such decree or order,"; (b) in clause (b) for the words "from a decree" the words "elsewhere from a decree" shall be substituted; (c) in the proviso, in clause II, A. before sub-clause (ii), insert the following sub- clause, namely :-- "(i) where such suit or proceeding is instituted in the City of Ahmedabad, two thousand rupees," ; and B. in sub-clause (ii), for the words "the amount upto" the words "where such suit or proceeding is instituted elsewhere the amount upto" shall be substituted. (2) in sub-section (3), after the words "in any suit or proceeding" the words "in the City of Ahmedabad the bench of two judges specified in clause (a) of sub-section {1) and elsewhere" shall be inserted.". 18[ Amendments to the Bombay Pleaders Act, 1920, in its application to the City of Ahmedabad. (i) In section 18, after sub-section (1) the following shall be inserted, namely :— "(2) Nothing contained in sub-section (1) of this section or in section 20 shall apply to fees payable to pleaders in the Court of Small Causes of Ahmedabad". (ii) In section 23, for the words "subordinate to the High Court" the words "other than the Court of Small Causes of Ahmedabad subordinate to the High Court" shall be substituted • * * * * * * * Amendments to the Code of Civil Procedure, 1908, in its application to the City of Ahmedabad. The Ahmedabad City Courts Act, 1961 13 of 13 (i) In section 8, after the words "Calcutta, Madras and Bombay" the words "and in the City of Ahmedabad" shall be inserted. ]. ---------------------------- For Statement of Objects and Reasons, see Gujarat Government Gazette Extra-ordinary, Part V, dated the 8th March 1961, p. 157. * This Act was assented to by the President on 6th May, 1961. Clause (1A) was inserted by Guj. 33 of 1980, s. 2(a). Clause (2) was substituted, by Guj. 33 of 1980,. s. 2(b). Clause (4) was substituted by Guj. 33 of 1980, s. 2(c). Clause (7) was added, by Guj. 33 of 1980, s. 2{d). Section 6A was inserted by Guj .31 of 1973. s. 4. These words and figures were substituted for the words " provided in this Act " by Guj. 32 of 1961, s. 2. Sub-section (3) was added by Guj. 31 of 1973, s. 5. These words were and were deemed always to have been substituted for the words “ or the Judge of that Court as the case may be” by Guj. 21 of 1964, s. 2. These provisos were added by Guj. 33 of 1980, s. 4. These provisos were added, by Guj. 33 of 1980, s. 5. Section 21 was inserted by Guj. 32 of 1961, s. 3. The words and figures "the Code of Criminal Procedure, by Guj. 33 of 1980, s. 6. Sections 22 to 25 were inserted, by Guj. 33 of 1980, J. 7, 1898" were deteted These words and figures were substituted for the words and Figures “See Section 18” by Guj. 32 of 1961, s. 4 (1). Entry 1 was substituted by Guj. 33 of 1980, s. 8(1) (a). Clause (2) was deleted, by Guj. 33 of 1980, s.8 ( 1 ) (b). These h ead in gs and ent ri es th ereund er were ins ert ed b y Guj . 32 of 1961, s.4 (2). The heading "Amendment to the Code of Criminal Procedure, 1898, in its application to the city of Ahmedabad" and the entry thereunder were deleted by Guj. 33 of 1980, s.8(2).