REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 23] NEW DELHI, MONDAY SEPTEMBER 2, 1963/BHADRA 11, 1885
MINISTRY OF LAW
(Legislative Department) New Delhi, the 2nd September, 1963/Bhadra 11, 1885 (Saka)
THE DADRA AND NAGAR HAVELI (CIVIL COURTS AND MISCELLANEOUS PROVISIONS) REGULATION, 1963 No. 8 OF 1963
Promulgated by the President in the Fourteenth Year of the Republic of India.
A Regulation to provide for the constitution of civil courts in the Union territory of Dadra and Nagar Haveli and for certain other matters.
In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him: —
1. (i) This Regulation may be called the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulation, 1963.
Short title, extent and commence- ment.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
SUBORDINATE COURTS
Classes of courts.
2. (1) On and from the commencement of this Regulation, in addi- tion to the courts established under any other law for the time being
(291)
2gJ THE GAZETTE OF INDIA EXTRAORDINARY [PART IIin force, there shall be in the Union territory of Dadra and Nagar Haveli (which shall be a district for the purposes of this Regulation)—
(a) a court of the District Judge; and
(b) a court of the Civil Judge.
(2) The District Judge and the Civil Judge shall be appointed by the Central Government after consultation with the High Court at Bombay (hereinafter referred to as the High Court).
Situation of courts.
3. The place at which any court under this Regulation shall be held may be fixed and may from time to time be altered by the Administrator of Dadra and Nagar Haveli.
Seal of the aourt.
4. Every court under this Regulation shall use a* seal of such form <*nd dimensions as are for the time being prescribed by the Central Government after consultation with the High Court.
5. (1) The court of the District Judge shall be the principal civil court of original jurisdiction in the district within the meaning of the Code of Civil Procedure, 1908.
S of ]q08.
Jurisdic- tion of courts of the District Judge and the Civil Judge,
(2) The jurisdiction of the court of the District Judge and the court of the Civil Judge shall extend to all original suits and proceed- ings of a civil nature.
(3) The court of the Civil Judge shall be subordinate to the court of the District Judge and subject to the general superintendence and control tjf the High Court, the court of the District Judge shall have general control over the court of the Civil Judge and its establish- ment, and the District Judge may give such directions with respect to matters not provided for by law as he may think necessary.
Appeals. 6. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of the court of the District Judge shall lie to the High Court.
(2) An appeal from a decree or order of tjie court of the Civil Judgg shall lie—
(a) to the court of the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order has been made, does not exceed ten thousand rupees; and
(b) to the High Court in any other case.
Small cause Jurisdiction of court
7. The Central Government may, by notification in the Official Gazette, confer within such local limits as it thinks fit, on the court of the Civil Judge the jurisdiction of a Judge of the court of Small
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 2Q3• of 1887.
of the Civil Judge.
Cause: under the Pi J innal Small Ornse Courts Act, 1887, for the trial of small cause suns UTJ to such value not exceeding fifteen hundred lupees as the Central Government thinks fit, and may withdraw any jurisdiction so conferred
8. (1) The High Court may, by general or special order, authorise •be court ol the Civil Judge to take cognizance of, and the court oi the Distnct Jud
(a) the Guardians and Wards Act, 1890, or
8 of 1390.
(b) the Piovincial Insolvency Act, 1920, or
o of 1920.
Exercise by court of Civil Judfie of jurisdic- tion of court of. District Judge In certain pro- ceedings.
39 of 1925.
(c) the Indian Succession Act, 1925.
(2) The District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, the court of the Civil Judge and miy d.spcKe of it himself.
(3) Proceedings taken cognizance of by, or transferred to, the '.mil t of the Civil Judge shall be disposed of by it subject to the rules applicable to like proceedings in the court of the District Judge.
Temporary discharge of duties of District Judge.
9. In the event of the death of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence J>om the station in which his court is held, the Civil Judge shall, without interruption to his ordinary duties, assume charge of 1he District Judge's office and shall discharge such of the current duties thereof as arp connected with the filing of-suits and appeals, the execution of processes and the like, and shall continue to be in charPe of the office until the same is resumed or assumed by an officer duly appointed thereto.
10. The ministerial officers of the courts of the District Judge and
the Civil Judge shall be appointed by the District Judge.
Ministerial officers of courts.
Holidays arid vaca- tion.
11. (1) The courts of the District Judge and the Civil Judge shall have holidays on Sundays, New Year's Day, Good Friday and Christ- mas Day and such oiher days as may be sanctioned by the High Court.
(2) The High Court may also permit the said courts to adjourn from time to time for periods not exceeding in the whole six weeks in each year.
25 oF 1961 12. (1) The Advocates Act, 1P61, as amended by sub-section (2), "hall extend to, and come into force m, the Union territory of Dadra .md Nagar Haveli •
ETC tension of the Advocates Act, 1961.
Provided that the provisions of the said Act which have not been brought into force immediately before the commencement of this
304 *^ GAZETl'E OP INDIA E&TRAORDINAR'Y" [PAHT II—Sec, i]Regulation in the areas to which the said Act extends shall come into force only on such date or dates as the Central Government may, by notification under sub-section (3) of section 1 of the said Act, appoint.
(2) In sub-section (1) of section 3 of the said Act,—
(i) in clause (a), the word "Maharashtra" shall be omitted;
(ti) after clause (c), the following clause shall be inserted, namely: —
"(cc) for the State of Maharashtra and the Union territory of Dadra and Nagar Haveli, to be known as the Bar Council of Maharashtra;".
Pendine
18. (I) Any proceeding of a civil nature pending jn a court imme- diately before the commencement of this Regulation shall, on such commencement, be deemed to be transferred to the court exercising jurisdiction under this Regulation or the High Court in which the proceeding would have lain if it had been instituted after such com- mencement, and the court to which the proceeding is transferred or the High Court shall proceed to try, hear and determine the matter as if it had been pending therein.
(2) Any appeal from a decree or order passed by a court and not appealed against before the commencement of this Regulation shall lie to the court exercising jurisdiction under this Regulation or the High Court to which such appeal would have lain if it had been preferred after such commencement.
(3) Any decree or order passed before the commencement of this Regulation by any court shall be deemed for-the purpose of execution to have been passed by the court exercising jurisdiction under this Regulation which corresponds, so far as may be, to the jurisdiction of the court which passed the decree or order or, as the case may be, by the High Court:
Provided that nothing in sub-section (1) or sub-section (2) shall be construed as extending the period of limitation to which any suit or appeal or application may be subject.
Power tc
nrnoy*
difficulties.
a 14. If any difficulty arises in giving effect to the provisions of this Regulation, the Central Government may, by order in the Official Gazette, make such provisions as appear to it to be necessary or expedient for the removal of the difficulty.
S. RADHAKRISHNAN,
President.
R. C. S. SARKAR,