The Assam Administration of Justice in the North Cachar Hills District Act, 2009
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# THE ASSAM GAZETTE

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## EXTRAORDINARY

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### PUBLISHED BY THE AUTHORITY

##### T° 340 fUt^T, 29 2009, 7 <T4fe, 1931

 No. 340 Dispur, Thursday, 29th October, 2009, 7th Kartika, 1931 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

 NOTIFICATION

 The 29th October, 2009

 No.LGL.88/2008/4:-- The following Act of the Assam Legislative Assembly which received
 the assent of the Governor is hereby published for general information.

 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 DISTRICT
 ACT, 2009


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##### □
 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 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 therewith 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 is covered by the Sixth Schedule to 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: -

 Short title, 1.(1) This Act may be called the Assam Administration of
 extent and Justice in the North Cachar Hills District Act, 2009
 commencement
 (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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1HE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29. 2009 1641

Application (1) On and from such date as the State Government may
of the provisions notify in this behalf in the Official Gazette under the
of the Code of proviso to sub-section(3) of section 1 of the Code of
Civil Procedure, Civil Procedure, 1908 and under the

1908 and the proviso to sub-section (2) of section 1 Central Act

Code of Criminal of the Code of Criminal Procedure, No.5 of 1908
Procedure, 1973 respectively, the provisions Central Act
1973, in the of the Code of Civil Procedure, 1908 No 2 of 1974
North Cachar and the Criminal Procedure Code, 1973
Hills District 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.

Repeal and 3. (1) The provisions of the Rules for the Administration

saving 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, insofar 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 Central Act

be established under the Code of Civil No 5 of 1908

Procedure, 1908 and the Code of Criminal Central Act
Procedure, 1973,as the case may be, No.2 of 1974
with effect from such date as may be
notified by the State Government.


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(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.

(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.

GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21


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