The Assam Administration of Justice in the Karbi Anglong District Act, 2009
##### Registered No. 768/97

# THE ASSAM GAZETTE

### EXTRAORDINARY

## wr emNu

#### PUBLISHED BY THE AUTHORITY

##### T° 341 29 2009, 7 1931 (’TT)

 No. 341 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.88/2008/5 The following Act of the Assam Legislative Assembly which received
 the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XXVII OF 2009

 (Received the assent of the Governor on 27th October, 2009)

 THE ASSAM ADMINISTRATION OF JUSTICE
 INTHEKARBI ANGLONG DISTRICT
 ACT, 2009


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1644 **THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009**

**AN**

**ACT**

for the Administration of Justice - both Civil and Criminal in the Karbi-Anglong

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

Karbi-Anglong 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 to the Constitution of India and to set

up regular Civil and Criminal Courts for discharge of

Judicial functions. The Karbi-Anglong 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) This Act may be called the Assam Administration of
extent and Justice in the Karbi-Anglong District Act, 2009.
commencement

(2) It extends to the whole of the Karbi-Anglong District

in the State of Assam.

(3) It shall come into force at once.


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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
District of and the Criminal Procedure Code, 1973
Karbi-Anglong. shall apply in the whole of the Karbi Anglong

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

Karbi-Anglong 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 (1) The provisions of the Rules for the Administration
saving of Justice and police in the Sibsagar, Nowgaong and Mikir

Hills Tracts 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 Centra! 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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1646 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009

(iii) (a) In the trial of suits and cases arising out of any law in

force in the Karbi-Anglong 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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