The Shillong Civil Courts and Laws Act, 1947
The Shillong Civil Courts and Laws Act, 1947
1. Short title, commencement and extent
1. (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 Provincial Government may, by notification in the official Gazette, appoint.
- (3) It shall apply to Shillong as defined in this Act.
2. Definitions
2. In 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 the Government of India (Excluded and Partially Excluded Areas) Order, 1936.
3. Extension of certain enactments
3. (1) Notwithstanding any provision now in force in, or applying to, Shillong contained in any Regulation, Act or Rules enacted by any authority or in any rule, notification 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. Repeal
4.
5. The Acts, Rules and Notifications mentioned in the first column of the Second Schedule to this Act are hereby repealed to the extent specified in the second column thereof.
Shillong to be a District 5. Shillong shall be deemed to be a "District" within the meaning of clause (4) of section 2 of the Code of Civil 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 time being, in force in Shillong.
6. Continuity of proceedings
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 and Jaintia Hills District, or of any Assistant to the Deputy Commissioner as aforesaid, or the Commissioner 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 date 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 application for rehearing, review, execution, amendment of decree or the like and any other petition in respect of a disposed of suit, appeal or other judicial proceeding 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 Commissioner 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.
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