The ASSAM ADMINISTRATION OF JUSTICE IN THE NORTH CACHAR HILLS DISTRICTACT, 2009 (SINGLE DOCUMENT)
# ASSAM ACT NO. XXVI OF 2009 (Received the assent of the Governor on 27th October, 2009)
 THE ASSAM ADMINISTRATION OF JUSTICE IN THE NORTH CACHAR HILLS DISTRICTACT, 2009
 AN ACT

for the Administration of Justice - both Civil and Criminal in the
North Cachar Hills District in the State of Assam to facilitate the trial
of suits and cases by regular Civil and Criminal Courts subject to
provisions of the Sixth Schedule to the Constitution of India.


**Preamble.**

**Short title,**
**extent and**
**commencement.**


**1.**


Whereas it is expedient to provide for the administration of
Justice both - Civil and Criminal in the North Cachar Hills District in
the State of Assam to facilitate the trials of suits and cases by regular
civil and Criminal Courts in order to effect the Constitutional
mandate of separation of Judiciary from Executive pursuant to the
directive of the Apex Court subject to provisions of the Sixth
Schedule to the Constitution of India and the matters connected there
with or incidental thereto.

Whereas it is expedient for bringing the Judiciary Separated
from the Executive to take away the existing system of
Administration of Justice by the Deputy Commissioner or his
assistants within the scope and ambit of the Sixth Schedule of the
Constitution of India and to set up regular Civil and Criminal Courts
for discharge of Judicial functions. The North Cachar Hill Areas
being the Tribal areas contemplated under Article - 244 of the
constitution. Therefore, the regular Civil and Criminal Courts shall
be made functional subject to provisions of Para - 4 and 5 of the
Sixth Schedule to the Constitution.

It is hereby enacted in the Sixtieth Year of the Republic of
India as follows: 
(1) This Act may be called the Assam Administration of Justice in
the North Cachar Hills District Act, 2009

(2) It extends to the whole of the North Cachar Hills District in the
State of Assam

(3) It shall come into force at once.


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(1) On and from such date as the State Government may notify in
this behalf in the Official Gazette under the proviso to subsection(3) of section 1 of the Code of Civil Procedure, 1908 and
under the proviso to sub-section (2) of section 1 of the Code of
Criminal Procedure, 1973 respectively, the provisions of the
Code of Civil Procedure, 1908 and the Criminal Procedure Code,
1973 shall apply in the whole of the North Cachar Hills District
for the administration of Justice -both Civil and Criminal subject
to provisions of the Sixth Schedule to the Constitution of India.

(2) The provisions of the Code of Civil Procedure, 1908 and the
Code of Criminal Procedure, 1973 shall apply mutatis mutandis
to all proceedings, enquiry, investigation, trial and other
incidental matters connected with the conduct of Civil and
Criminal cases subject to provisions of the Sixth Schedule.

(3) The powers and functions of the police under the existing system
which have been prevailing in the North Cachar Hills District so
far the suits and cases covered by this Act shall be exercised by
the State Police authorities in exercise of the powers conferred
and functions assigned to them under the relevant provisions of
the Code of Civil Procedure, 1908 and the Code of Criminal
Procedure, 1973.

(1) The provisions of the Rules for the Administration of Justice in
the North Cachar Hills Sub-Division framed by the Governor
under the powers vested in him by section 6 of the Scheduled
District Act, 1874 (Act XIV of 1874 ). hereinafter called as the
Rules, in so far they are inconsistent with the provisions of this
Act, shall stand repealed.

(2) Notwithstanding such repeal,
(i) anything done or any action taken or any case already
disposed of under the Rules shall be deemed to have been
done or disposed of as if this Act has not come into force.

(ii) suits, cases, appeal, application, proceedings or other business
relating to both Civil and Criminal Justice pending before the
Court of Deputy Commissioner or the Assistants to Deputy
Commissioner shall stand transferred to the Competent Civil
and Criminal Courts of the appropriate jurisdiction to be
established under the Code of Civil Procedure, 1908 and the
Code of Criminal Procedure, 1973, as the case may be, with
effect from such date as may be notified by the State
Government.

(iii) (a) In the trial of suits and cases arising out of any law in
force in the North Cachar Hills District, the Civil Courts
of competent Jurisdiction shall be governed by the
provisions of the Code of Civil Procedure, 1908 as
amended.


**Application of**
**the provisions**
**of the Code of**
**Civil**
**Procedure,1908**
**and the Code of**
**Criminal**
**Procedure,1973,**
**in the North**
**Cachar Hills**
**District**


**2.**


**Repeal and** **3.**
**saving**


Central Act
No. of 1908
Central Act
No 2 of
1974

Central Act
No 5 of
1908
Central Act
No. 2 of
1974


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(b) In the trial of Criminal cases in respect of offences
punishable with death, transportation for life,or
imprisonment for a term of not less than 5 years under the
Indian Panel Code or under any other laws for the time
being in force, the Courts of competent Jurisdiction shall
be governed by the Code of Criminal procedure, 1973 as
amended.

## MOHD. A. HAQUE,
Secretary to the Government of Assam,
Legislative Department, Dispur.


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