The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 90, Vol. XXX, Naharlagun, Thursday, April 13, 2023, Chaitra 23, 1945 (Saka)

GOVERNMENT OF ARUNACHAL PRADESH

LAW, LEGISLATIVE AND JUSTICE DEPARTMENT

CIVIL SECRETARIAT

ITANAGAR

————

NOTIFICATION

The 12th April, 2023

No. Law/Legn-2/2023.—The following Act of the Arunachal Pradesh Legislative Assembly which was

passed in the Eleventh Session of the Seventh Legislative Assembly and received the assent of the Governor

of Arunachal Pradesh is hereby published for general information.

(Received the assent of the Governor on 5th April, 2023)

THE ASSAM FRONTIER (ADMINISTRATION OF JUSTICE)

REGULATION (AMENDMENT) ACT, 2023

(ACT NO. 4 OF 2023)

Act

further to amend the Assam Frontier (Administration of Justice) Regulation, 1945 (Regulation 1 of 1945) ;

Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventy-fourth Year of the Republic

of India as follows,-

Short title, extent and commencement : (1) This Act may be called the Assam Frontier (Administration

of Justice) Regulation (Amendment) Act, 2023.

(2)

It shall extend to the whole of the State of Arunachal Pradesh.

(3)

It shall be deemed to have come into force with effect from 20th February, 1987.

Amendment of clause (b) of section 1 : In the Assam Frontier (Administration of Justice) Regulation,

1945 (hereinafter called the principal Regulation, - in clause (b), in section 1, for the words, “It extends

to the whole of Balipara, Lakhimpur, Sadiya and Tirap Frontier Tracts” the words, “It shall extend to the

whole of the State of Arunachal Pradesh” shall be substituted.

(i)

Amendment of section 2 : In the principal Regulation, the clauses under section 2, shall be arranged

as under,-

(a)

“Administrator”;

(b)

“Heinous offence”;

(c)

“Pleader”;

(d)

“Deputy Commissioner”

(e)

“The tracts”

(ii)

in clause (a), in section 2, for the existing entries, the following shall be substituted,-

“(a)

“State Government” means Government of Arunachal Pradesh”.

(iii)

In section 2, in clause (e), for the definition of the word “Tracts” the definition of the word “district”

means a district of the State of Arunachal Pradesh” shall be substituted.

(iv)

After clause (e), the following clause shall be added, namely,-

“(f)

“Village Authority” means member(s) of traditional village council or inter-village territorial council

or Apex Council by whatever name called including Head Gaon Bura, Head Gaon Buri, Gaon

Bura, Gaon Buri and traditional village Head”.

Amendment of section 4 : In the principal Regulation, for the existing entries, the following entries shall

be substituted,-

“Subject to the provisions of this Regulation, the Assistant Commissioner or the Deputy

Commissioner, as the case may be, shall refer back the case presented before them, to the concerned

village authority for trial and settlement within the territorial jurisdiction of the concerned village or

ithi

th j

i di ti

f it i t

ill

i l C

(3)

The State Government may frame guidelines for all or any matters as may be deemed expedient,

including election, selection, appointment, powers, functions and meetings of the Head Gaon

Bura, Head Gaon Buri, Gaon Bura and Gaon Buri”.

“Explanation : For the purpose of section 5, village authority shall include member(s) of traditional

village council or inter-village territorial council or Apex Council by whatever name called as defined in

clause (f) of section 2 and Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri institutions.

The member(s) of traditional village council or inter-village territorial council or Apex Council shall be

determined by Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri and the traditional village

Head as per their traditional customary laws and practices and the Head Gaon Bura, Head Gaon Buri,

Gaon Bura and Gaon Buri shall be appointed by the Deputy Commissioner of the respective district”.

Amendment of section 13 : In the principal Regulation, the words -

“or with imprisonment of either description for a term which may extend to six months, on conviction by

the Deputy Commissioner or an Assistant Commissioner. An appeal shall lie from an order of Assistant

Commissioner under this section to the Deputy Commissioner”, appearing in the last part of the sentence,

shall be deleted.

Deletion of section 14 : In the principal Regulation, section 14 shall be deleted.

Amendment of section 23 : In the principal Regulation, the words “Assistant Commissioner” appearing

after the word “an” and before the word “to” shall be substituted by the words “Inter-village territorial

Customary Court or Apex Customary Court”.

Substitution of section 24 : In the principal Regulation, in section 24, for the existing entries, the

following shall be substituted,-

“Any party aggrieved by a decision of the village authority may appeal within thirty days before the

Inter-village territorial Customary Court or Apex Customary Court, by whatever name called, who on

receipt of such appeal, shall dispose of the case or try the case de novo.

Provided that, the proceedings in the village authority or inter-village territorial customary court or

Apex customary court as the case may be, shall be recorded in writing in their respective vernacular or

English, as the case may be.

Provided further that, an appeal arising out of the decision of village authority or Inter-village territorial

Customary Court or Apex Customary Court, as the case may be, shall lie before the Courts of Civil

Judge Junior Division, the Courts of Civil Judge Senior Division, the Courts of Additional District Judge or

the Courts of District Judge, as the case may be, as per their territorial and pecuniary jurisdiction, who

shall not set aside an appeal so filed merely on technical ground or procedural lapses but in the interest

of justice dispose of the same as may be deemed appropriate or proceed with the case de novo”.

10.

Deletion of sections, 30, 31, 32, 33, 34 and 35 : In the principal Regulation, sections 30, 31, 32, 33, 34

and 25 shall be deleted.

11.

Amendment of section 44 : In the principal Regulation, in section 44, after sub-section (3), the following

sub-section shall be inserted,-

“(4)

The Village authority or the inter-village territorial council or Apex Council, as the case may be, may

pronounce or take ex-parte decision, if one of the disputing party does not turn up or remain

absent willfully for three consecutive times after giving not less than thirty days on each occasion

of reasonable opportunity of being heard”.

12.

Addition of Section 60 : In the principal Regulation, after section 59, the following section shall be

added, namely,-

“60. Power to remove difficulties : If any difficulty arises in giving effect to the provisions of the

Regulation, the State Government may, by order not inconsistent with the provisions of this Act or

any other laws for the time being in force, remove such the difficulty”.

13.

Amendment of the Arunachal Pradesh Civil Courts Act (Act No. 4 of 2021) :

(i)

In the Arunachal Pradesh Civil Courts Act, (Act No.4 of 2021), in section 15, in sub-section (4), for

the words, “if agreed to by the parties” the words, “if agreed to by the parties or if the aggrieved party

desires to appeal, as the case may be, shall be substituted.

(ii)

The entries “Chapter -V” appearing after “Chapter - III” shall be substituted by the entries,

“Chapter -IV”.

Onit Panyang, IAS

Commissioner to the

Government of Arunachal Pradesh,

Itanagar.

————