The SHILLONG CIVIL COURTS AND LAWS ACT, 1947
### ASSAM ACT VIII· OF 1947

THE SHILLONG CIVIL COURTS AND LAWS ACT, 1947

(Passed by the Assam Legislature.)

'
**(Received the assent of** **the Governor on the 31st March 1947 .]**

[Published in the _Assam_ _Gaz:.ette_ of the 9th April 1947 )

_.I_

_An_ _Act to_ _extend certain enactments_ _to_ _the_ _British portion_ _of_

_Shillong_ _Town,_ _and_ _to_ _make certain provisions_ _for_ _the better_
_administration qf justice in that area._

WHEREAS it is expedient that the administrati'on of civil

Preamble.

justice in the British portion of the Town of Shillong should
be brought into line with that obtaining in the more
advanced parts of the Province ;
And whereas it is further deemed expedient to extend to
the aforesaid area certain enactments which ar~ either now
not in force therein or in respect of which there is doubt as
to whether they are in force ;

It is hereby enacted as follows :-

#### l. (1) This Act shall be called the Shillong Civil

Short titk,
commence- Courts and Laws Act, 1947.
ment and (2) It shall come into force on such date as the Provin-
extent. cial Government may, by notification in the official

Gazette, appoint.
(3) It shall apply to Shillong as defined in this Act.

Definitions. 2. Ir. 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 th~ Government of India

\Exduded and Partially Excluded Areas) Order, 1936.

Efxtentsi'?n 3. (1) Notwithstanding any provision now in force in,
enactments. o cer am or app 1 y1ng to, Sh"ll t ong contame . d . in any R egu 1 . at10n, A ct

or Rules enacted by any authority or in any rule, notifica-
tion 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.

Repeal. 4. 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repealed to the extent specified in the second column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.

_P rice 1_ _anna_ _or_ _ld_ _._ ...                          -


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Shillong to 5. ShiIIong shall be deemed to be a "District" within
be a District, the meaning of clause (4) of section 2 of the Code of Civi!

Procedure, 1908 ; and the District Judge of the Assam Act V of

Valley Districts shall be deemed to be the principal Civil 1908.
Court of original jurisdiction in the aforesaid District for the
purposes of all Acts, Regulations, Ordinances, Rules or
Orders by whatever              - uthority enacted which are, for the

time being, in force in Shillong.

Continuity 6. _(a)_ Every suit, appeal, application for revision,
of procee- proceeding or other business, pending on the date on which
dings. this Act comes into force before the Court of the Deputy

Commissioner or the Additional Deputy Commissioner of
the Khasi a,nd Jaintia Hills District, or of any Assistant to
the Deputy Commissioner as aforesaid, or the Commis-
sioner 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 <;late 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 applicatio~ for i:ehearing, review, execution,
amendment of decree or the like and any other petition in
respect of a disposed of suit, appeal ·or other judicial pro-
ceeding which could have been filed in the Court of the said
Deputy or Additional Deputy Commissioner, or of any 0
Assistant to the Deputy Commissioner, or of the Commis·

sioner 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.

FIRST SCHEDULE

_(See_ section 3)

(Acts extended to Shillong)

Year Numher Short title

1872 Act I The Indian Evidence Act.
1872 . Act IX The Indian Contract Act.
1877 Act I The Specific Relief Act.
1882 Act IV The Transfer of Property Act.
1887 Act VII The Suits Valuation Act.

_0_

1887 Act IX ... The Provincial Small Cause Courts Act.
1 87 Act XII The Bengal, Agra and Assam Civil Courts

Act.

1908 Act V The Code of Civil Procedure.
1908 Act IX The Indian Limitation Act.


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SECOND SCHEDULE

_(See_ section 4)

(Acts, rules and notifications repealed in Shillong)

Title or Description . Extent of repeal

The Assam General Clauses Act II Section 14 so far as it applies to
of 1915. Shillong.
The Shillong (Attachment of Salaries) The whole Act.

Act VIII of 1943.
Rules for the Administration of Justice Rules 25 to 41 (both inclusive) so far
and Police in the Khasi and only as they apply to Shillong :
Jaintia Hills prescribed by the Provided that all orders and decisions
Governor of Assam by Notificat.fon passed or made under or in pur-

No. 2618-A.P., dated the 29th suance of the aforesaid Rules shall
March, 1937. be deemed to have been passed or

made under or in pursuance of the
corresponding provisions of the
Acts which hereby are extended to
and are in force in Shillong.

Notification No.81-:T ., dated the 19th So far only as it applies to Shillong. ·
November, 1884, issued by the
Chief Commission.er of Assam,
barring the application of the
Transfer of Property Act, 1882, to
the Khasi and Jaintia Hills
Distrir.t, and the Garo Hills
District.
Notification No .502-F., dated the So far only as it applies to Shillong.
19th February 1908, issued by the
Chief Commissioner of Assam,
barring the application of the

lrtdian Stamp Act, 1899, to the _
Khasi and Jaintia Hills District,
etc.
Notification No.5868-A .P., dated the So far only as it applies to Shillong.
8th September 1934, by the
Governor of Assam, barring the

applica~ipn of the Indian Limita-
tion Act, 1908, to the Khasi and
Jaintia Hills District.

A. G, P. (Leg.) Ne. 8-750+2~-17-S-1947.


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