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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 55] NEW DELHI, FRIDAY, DECEMBER 31, I965/PAUSA 10, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 31st December, 1965 /Pausa 10, 1887 (Saka)

THE LACCADIVE, MINICOY AND AMINDIVI ISLANDS (LAWS) REGULATION, 1965 No, 8 OF 1965 Promulgated by the President in the Sixteenth Year of the Republic of India. A Regulation to extend certain laws to the Union territory of the Laccadive, Minicoy and Amindivi Islands and to provide for matters connected therewith or incidental thereto.

In exercise of the powers conferred by article 240 of the Constitu- tion, the President is pleased to promulgate the following Regulation made by him :—

CHAPTER I

PRELIMINARY

1. (1) This Regulation may be called the Laccadive, Minicoy and Amindivi Islands (Laws) Regulation, 1963.

(2) It extends to the whole of the Union territory of the Laccadivie.

Short

title,

extent and

commence-

ment.

Minicoy and Amindivi Islands.

( 6 4 9)

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

t. In this Regulation, unless the context otherwise requires,—

DaAai- ti"n".

(a) "Act" means an Act or Ordinance specified in the Schedule;

(b) "Administrator" means the Administrator of the Islands appointed by the President under article 239 of the Constitution;

(c) "Islands" means the Union territory of the Laccadive, Minicoy and Amindivi Islands.

CHAPTER II

EXTENSION OF LAWS AND REPEAL

S. (1) The Acts, as they are generally in force in the territories to which they extend, shall extend to the Islands, subject to the modifi- cations, if any, specified In the Schedule.

Bxtemloa •f certain lain to the 1M- lands and their com- mencement thwein.

10 of 1897.

(2) Notwithstanding anything contained in sub-section (1) or in the relevant provision, if any, of each such Act with regard to the commencement thereof, the provisions of the General Clauses Act, 1897, shall come into force in the Islands at once and the provisions of each of the other Acts shall come into force in the Islands on such date as the Administrator may, by notification in the Official Gazette of the Islands, appoint:

Provided that different dates may be appointed for different pro- visions of any Act and for different areas and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision in the area where it has been brought into force.

l*p"al and saving.

4. (1) Any law in force in the Islands or any area thereof corres- ponding to any Act referred to in section 3 or any part thereof shall stand repealed as from the coming Into force of such Act or part in the Islands or such area, aa the case may be.

(2) As from the date of coming into force of the Code of Criminal

5 of 1898.

1 of 1912.

5 of 1908.

Procedure, 1898, in the Islands, section 2 [except the definition of "amin" in clause (ii-a)], the proviso to sub-section (1) and sub-section (2) of section 8, sections 9 to 20 (both inclusive) and sections 34 and 35 of the Laccadive Islands and Minicoy Regulation, 1912, shall stand repealed and as from the date of coming into force of the Code of Civil Procedure, 1908, in the Islands, Chapter IV (relating to Civil Justice) of the said Regulation shall stand repealed.

(3) Section 33 of the Laccadive Islands and Minicoy Regulation, 1912, and the Amindivi Islands (Restrictions on Entry and Residence) Regulation, 1949, shall stand repealed as from the commencement of this Regulation.

1 of 1912. Mad. Ref, 4 of 1949.

(4) Nothing in sub-section (1), sub-section (2) or sub-section (3) shall affect—

(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquirtd, accrued or incurred under any law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, for- feiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be insti- tuted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been made:

Provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, patent, permit or licence granted, or registration effected) under any such law shall be deemed to have been done or taken under the corres- ponding provision of the Act extended to the Islands by this Regu- lation and shall continue to be in force; accordingly unless and until superseded by anything done or any action taken under the "aid Act.

Extan-

lion of

rules,

orders, etc,,

under cer-

tain laws.

5. (1) All rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall, as from the commencement of the provisions of such Act in the Islands, extend to, and come into force in, the Islands.

(2) Notwithstanding anything contained in sub-section (1), no rule, notification, order, regulation or bye-law made or issued by the Central Government under the following Acts, namely: —

4 of 1884.

10 of 1934.

7 of 1947.

18 of 1947.

(i) The Indian Explosives Act, 1884, (ii) The Petroleum Act, 1934, (in) The Foreign Exchange Regulation Act, 1947, (iv) The Imports and Exports (Control) Act, 1947,

shall extend to, and come into force in, the Islands unless the Central Government, by notification in the Official Gazette, other- wise directs.

6. (J) In any Act or in any of the rules, notifications, orders, regu- lations and bye-laws made or issued thereunder and extended to the

Rules of

construc-

tion.

Islands by this Regulation,—

(a) any reference to any provision of law not in force, or to any functionary not in existence, in the Islands, shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in the Islands:

Provided that,—

(i) if any question arises as to who such corresponding functionary is, or

(ii) if there is no such corresponding functionary,

the Administrator shall decide as to who such functionary will be and his decision shall be final;

(b) any reference to the State Government shall be cons- trued as a reference to the Central Government and, unless the Central Government otherwise directs in any case, also as including a reference to the Administrator;

5 of 1898.

(c) until the Code of Criminal Procedure, 1898, is brought into force in the Islands and magistrates are appointed there- under, any reference to a magistrate shall be construed as a reference to such officer as the Administrator may, by notifica- tion in the Official Gazette of the Islands, appoint.

(2) For the purpose of facilitating the application in relation to the Islands of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

5 of 1898.

Trial of offences.

7. Until the relevant provisions of the Code of Criminal Procedure, 1898, are brought into force in the Islands, all offences under any Act shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the corresponding law in force in the Islands.

Power to remove difficul- ties.

8. If any difficulty arises in giving effect in the Islands to the pre- visions of any Act extended to the Islands by this Regulation, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty, and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of such Act in the Islands or any part thereof to any corresponding court, tribunal or authority for disposal.

MISCELLANEOUS

9, (1) The Administrator may, with the previous sanction of the Central Government, make rules imposing reasonable restrictions in the interests of the general public or for the protection of the interests of any Scheduled Tribe, on the right of any person, who is not a native of the Islands, to visit or reside in the Islands.

(2) The rules made under sub-section (I) may provide that any

Power of Adminis- trator to prohibit persons from visiting or resid- ing in the Islands.

contravention of any of the provisions of the rules shall be punishable with imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Persons to assist if ordered to do so 10. Whoever, when ordered by the Tehsildar or by any other officer empowered in this behalf by the Administrator, fails to report the unauthorised entry or escape from the Islands of any person or foreign national, shall be punishable with fine which may extend to ten rupees.

THE SCHEDULE

[See section 3(2)]

No.

Short title

Year

Modifiction*

1

2

3

4

1838

The Coasting-Vessels Act, 1838.

19

18

1850

The Judicial Officers Protection

ACT, 1850.

1835        13       The  Indian Fatal Accidents  Act,
                       1855.
1857        13       The  Opium  Act,  1857.
i860        21       The  Societies  Registration  Act,
                       i860.
i860        45       The  Indian  Penal  Code.

1861

The Police Act, 1861.

5

1870

7 The Court-fees Act, 1870.

1

1871

The Cattle-trespass Act, 1871.

1871

The Pensions Act, 1871.

"31 1872 The Indian Evidence Act, 1872. 1872 9 The Indian Contract Act, 1872.

1 Modifications

Short title

No.

Year

i

2

4

3

The Government Savings Banks

1873

5

Act, 1873.

10

The Indian Oaths Act, 1873.

1873

The Indian Majority Act, 1875.

1875

9

The Indian Law Reports Act,

18

1875

1875.

1

The Opium Act, 1878.

1878

The Indian Treasure-trove Act,

187S

6

1878.

In section 4, for "and either ([deposit the treasure in the nearest Government treasury, |or give the Collector such security as the Collector thinks fit, to produce the treasure at fsuch time and place as he [may from time to time re- quire"! substitute "and deposit the treasure with the Tehsildar of the Union terri- tory of the Laccadive, Minicoy and Amindivi Islands or any part thereof for being deposited in the Government Treasury".

The Vaccination Act, 1880.

1880

13

The Obstructions in Fairways

16

ilti

Act, 1881.

After the words, figures and letters " in the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States ", wherever they occur, insert " or in the Union territory of the Lacca- dive, Minicoy and Amindivi Islanda ".

1881

26

The Negotiable Instruments

Act, 1881.

The Transfer of Property Act,

1882

4

1882.

The Powera-of-Attorney Act,

1882

7

1882.

The Land Improvement Loans

1883

19

Act, 1883.

The Indian Explosives Act,

1884

4

1884.

Modifications

Year No.

Short title

1

2

4

3

The Indian Telegraph Act,

1885

13

1885.

1887

The Suits Valuation Act, 1887.

7

1887

The Provincial Small Cause

9

Courts Act, 1887.

1888

The Police Act, 1888.

3

The Indian Reserve*'Forces~Act,

1888

4

1888.

1

1890

The Revenue Recovery Act,

1890,

1890

6 The Charitable Endowments

Act, 1890.

The Guardians and Wards Act,

1890

8

1890.

18

The Bankers' Books Evidence

1891

Act, 1891.

1

1894

The Land Acquisition Act,

1894.

1894

The Prisons Act, 1894.

9

1897

The Epidemic Diseases Act,

3

1897.

Thc^Indian Fisheries Act, 1897.

1897

4

10

The General Clauses Act, 1897.

1897

1898

The Lepers Act, 1898.

3

1898

1. In Part V, after section 176, The Code of Criminal Proce-

5

, insert—

dure, 1898.

fi76A. Power of Amin to investigate into certain offencai.—(1) Notwithstand- ing anything contained in this Code, where any cogni- zable offence triable by a Magistrate of the third class is committed In any area within the local limits of the jurisdiction of an Amin and no police-station is located within a reasonable distance from the place of commission of such offence, the Amin may investigate into such offence and for the purposes of such Investigation, the Amin shall have all the powres

Year No.

Short title

Modifications

1

2

3

4

conferred and dutica im- posed by this Chapter on an officer in charge of a police-, station.

0) For conducting any investigation under sub-sec- tion (1), the Amin shall be assisted by such number of residents of the Laccadive, Minicoy and Amindivi Is- lands not exceeding four^ as the Administrator of the said Islands may appoint in this behalf.

Explanation.—In this sec- tion, "Amin" means any officer appointed by such Administrator to exercise the powers and discharge the duties of an Amin in any local area.'

2. After section 406A, insert—

"407. Appeal from sen- tence of Magistrate of second or third class.—(1) Any per- son convicted on a trial held by a Magistrate of the second or third class may appeal to the District Magistrate.

(2) The District Magis- trate may direct that any appeal under this section or any class of such appeals shall be heard by any Magis- trate of the first class subordinate to him and em- powered by the State Government to hear such appealsj and thereupon such appeal or class of appeals may be presented to such Magistrate, or, if already presented to the District Magistrate, may he trans- ferred to such Magistrate. The District Magistrate may withdraw from such Magis- trate any appeal or class of appeals so presented transferred. ".

3. In section 408, for the words " or any other Magistrate ", the words " or other Magis- trate of the first clasi" shall be substituted.

No.

Year

Short tide

Modifications

1

2

3

4

4. For section 409, substitute—

" 409. Appeals to Court of Session how heard.—An appeal to the Court of Session or Sessions Jud|je shall be heard by the Sessions Judge or by an Additional Session? Judge :

Provided that an Additional Sessions Judge shall hear only such appeals as the State Government may, by- general or special order, direct or as the Sessions Judge of the division may make over to him.".

6

1898

The Indian Post Office Act,

1898.

2

The Indian Stamp Act, 1899

1899

In Schedule I, omit entry 30.

1900

The Prisoners Act, 1900.

3

2

1901

The Indian Tolls (Army and

Air Force) Act, 1901.

1906

The Indian Coinage Act, 1906.

3

1908

The Code of Civil Procedure,

5

1908.

In the proviso to sub-section (?) of section 1, omit the words "the Amindivi Islands and ".

6

1908

The Explosive Substances Act,

1908.

1908

The Indian Ports Act, 1908.

15

16

1908

The Indian Registration Act,

1908.

2 The Indian Patents and Designs

1911

Act, 1911.

1912

The Indian Lunacy Act, 1912.

4

8

1912

The Wild Birds and Animals

Protection Act, 1912.

1917

The Destruction of Records

5

Act, 1917.

12

1919

The Poisons Act, 1919.

1920

The Provincial Insolvency Act,

5

1920.

1

Modifications

No. 2

4

Short title 3

Year I

The Identification of Prisoners

1920

33

Act, 1920.

The Indian Passport Act, 1920.

1920

34

The Emigration Act,li922.

1922

7

1922        22       The  Police  (Incitement  to Dis-
                       affection)  Act, 1922.
1923         5       The  Indian  Boilers  Act,  1923.

The Workmen's Compensation

8

1923

Art, 1923.

The Indian Official Secrets

1923

19

Act, 1923.

The Indian Soldiers (Litigation)

1925

4

Act, 1925.

The Provident Funds Act, 1925.

19

1925

The Indian Carriage of Goods

1925       36
                      by  Sea  Act,  1925.
1926        16      The  Trade  Unions  Act, 1926.
1927        16      The  Indian  Forest  Art,  1927.
1927        17      The  Indian  Lighthouse    Act,
                      1927.

19

The Child Marriage Restraint

1929

Act, 1929.

2

The Dangerous Drugs Act,

1930

1930.

The Sale of Goods Act, 1930.

1930

3

The Provisional Collection of

16

1931

Taxes Act, 1931.

" (j) It shall come into force at once except section

Year No.

Modifications

Short title

1

2

4

3

--

69, which shall come into force on the expiry of a period of one year from the date of commencement of the rest of this Act, ".

The Indian Wireless Telegraphy

1933

17

Act, 1933.

2

The Reserve Bank of India Act,

1934

1934-

The Indian Carriage by Air Act,

1934

1934-

22

The Aircraft Act, 1934.

ft934

The Petroleum Act, 1934.

'1934

3°

The Indian Tariff Act, 1934.

1934

32

The Payment of Wages Act,

1936

4

1936-

26

1937

The Muslim Personal Law (Shariat) Application Act, 1937-

The Insurance Act, 1938.

1938

4

1938

5 The Manoeuvres, Field Firing and Artillery Practice Act, 1938.

20

The Criminal Law Amendment

1938

Act, 1938.

The Employment of Children

26

1938

Act, 1938.

The Registration of Foreigners

16

1939

Act, 1939-

10

The Arbitration Act, 1940.

1940

The Drugs and Cosmetics Act,

1940

23

1940.

11

1941

The Essential Services (Main- tenance) Ordinance, 1941.

The Multi-unit Co-operative

1942

6

Societies Act, 1942.

18 The J Weekly Holidays Act,

1943

1942.

Modifications

Year No.

Short title

i

2

4

3

,18 The Public Debt Act, 1944.

1944

1944

The Criminal Law Amendment

38

Ordinance, 1944.

••

1943

The International Monetary Fund and Bank Act, 1945.

20

1946

The Industrial Employment (Standing Orders) Act, 1946.

1946

The Delhi Special Police Es-

25

tablishment Art, 1946.

1946

The Foreigners Act, 1946.

3i

2

The Prevention of Corruption

1947

Act, 1947-

The Foreign Exchange Regula-

1947

7

tion Act, 1947.

The Industrial Disputes Act,

14

1947

1947.

The Armed Forces (Emergency

15

1947

Duties) Act, 1947.

iS

The Imports and Exports (Con-

1947

trol) Act, 1947.

29

The Capital Issues (Control)

1947

Act, 1947.

.The Antiquities (Export Con-

3i

1947

trol) Act, 1947.

8

1948

The Pharmacy Act, 1948.

1948

9 The Dock Workers (Regulation of Employment) Act, 1948.

II

1948

The Minimum Wages Act, 1948.

The Industrial Finance Corpo-

1948

15

ration Act, 1948.

1948

The National Cadet Corps Act,

3i

1948.

1948

The Census Act, 1948,

37

The Territorial Army Act, 1948.

1948

561948 The Factories Act, 1948. 63 8 1949 The Seaward Artillery Practice Act, 1949-

No.

Modifications

Year

Short title

2

i

3

4

10

1949

The Banking Companies Act,

1949.

1949

The Chattered Accountants

38

Act, 1949.

46

1949

The Banking Companies (Legal Practitioners' Clients' Ac- counts) Act, 1949.

The Police Act, 1949.

64

1949

S. RADHAKRISHNAN,

President.

THE LACCADIVE, MINICOY AND AMINDIVI ISLANDS (CIVIL COURTS) REGULATION. 1965 No. 9 OF 1965

Promulgated by the President in the Sixteenth Year of the Republic of India. A Regulation to provide for the constitution of certain civil courts for the Union territory of the Laccadive, Minicoy and Amindivi Islands and for other matters connected therewith or incidental thereto.

In exercise of the powers conferred by article 240 of the Constitu- tion, the President is pleased to promulgate the following Regulation made by him: —

CHAPTER I

PHELIMINABY

1.(1) This Regulation may be called the Laccadive, Minicoy and Amindivi Islands (Civil Courts) Regulation, 1965.

Short title, extent and com- mencement.

(2) It extends to the whole of the Union territory of the Laocadive, Minicoy and Amindivi Islands.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In this Regulation, unless the context otherwise requires,— Defini- tions.

(a) "Administrator" means the Administrator of the Islands appointed by the President under article 239 of the Constitution;

(b) "civil courts" means the civil courts referred to in section 3;

(c) "district court" means the court of the district judge and includes the court of the additional district judge;

(d) "High Court" means the High Court exercising jurisdiction in the Islands;

(e) "Islands" means the Union territory of the Laccadive, Minicoy and Amindivi Islands.

CHAPTER II

CONSTITUTION OF CIVIL COURTS

Classes of civil courts.

3. As from the date of commencement of this Regulation, there shall be the following classes of civil courts for the Islands (which shall be a district for the purposes of this Regulation), namely: —

(i) the district court; (ii) the court of a subordinate judge; (ill) the court of a munsiff.

4. (1) The district judge shall be appointed by the Central Govern- ment after consultation with the High Court.

District judges and additional district judges.

(2) When the business pending before the court of the district judge requires the aid of an additional district judge for its speedy disposal, the Central Government may, after consultation with the High Court, appoint such number of additional district judges as may be necessary.

(3) The additional district judges so appointed shall discharge any of the functions of the¹ district judge which the district judge may assign to them and in the discharge of those functions they shall exercise the same powers as the district judge.

(4) Nothing in this section shall be deemed to preclude the appointment of any district judge or additional district judge exer- cising jurisdiction in the State of Kerala as the district judge, or as the case may oe, an additional district judge under this Regulation.

5. The Administrator may, after consultation with the High Court,™

Subordi- nate judges and mun- siffs.

(i) make rules as to the qualifications of officers in the Islands, and other persons who may be appointed as subordinate judges and munsiffs;

(ii) appoint as many persons as he thinks necessary to be subordinate judges and munsiffs.

6. (1) The Administrator may, by notification in the Official Gazette of the Islands, fix or alter the local limits of the jurisdiction of the courts ol subordinate judges and munsiffs under this Regulation.

Power to fix local limits of jurisdic- tion of courts

(2) If the same local jurisdiction is assigned to two or more sub- ordinate judges or two or more munsiffs, the district judge rnay assign to each of them such civil business cognizable by the subordi- nate judge or munsiff, as the case may be, as, subject to any general or special order of the High Court, he thinks fit.

(3) When the civil business arising within any local area is assign- ed by the district judge under sub-section (2) to one of two or more subordinate judges or munsiffs, the decree or order passed by the subordinate judge or munsiff shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area, if that place is within the local limits fixed by the Administrator under sub-section (1).

Place of sittings of courts.

7. (2) The Central Government may, by notiiication in the Official Gazette, fix the place or places at which any civil court is to be held.

(2) The place or places so fixed may be within or outside the

territorial limits of the Islands.

Vacation of courts.

8. (1) Subject to such orders as may be made by the Central Gov- ernment, the High Court shall prepare a list of days to be observed in each year as closed holidays in the civil courts,

(2) The list shall be published in the Official Gazette of the

Islands.

(3) A judicial act done by a civil court on a day specified in the list shall not be invalid by reason only of its having been done on that date.

9. Every civil court shall use a seal of such form and dimensions

Seals of courts.

as may be prescribed by the Central Government.

Continu- ance of Proceedings of courts ceasing to have juris- diction 10. (I) Where any civil court has from any cause ceased to have Jurisdiction with respect to any case, any proceeding in relation to that case which, if that court had not ceased to have jurisdiction, might have been had therein, may be had in the court to which the business of the former court has been transferred.

(2) Nothing in this section applies to cases for which provision

Is made in any other enactment for the time being in force.

Temporary charge of office of district judge.

11. (1) The Central Government may, by a general or special order published in the Official Gazette, authorise any additional dis- trict judge or subordinate judge to assume, without relinquishing his ordinary duties, charge of the office of the district judge in the event of the death, resignation or removal of the district judge or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which the court is held:

Provided that nothing herein contained shall be deemed to pre- clude the Central Government from so authorising any additional district judge or subordinate judge in the State of Kerala.

(2) The additional district judge or the subordinate judge assum- ing charge of the office of the district judge under sub-section (1) shall continue in charge thereof until the office is resumed by the district judge or assumed by an officer appointed thereto.

(3) While in charge of the office of the district judge, the addi- tional district judge or the subordinate judge, as the case may be, may, subject to any rules which the High Court may ma.:e in this behalf, exercise any of the powers of the district judge,

CHAPTER III

ORDINARY JURISDICTION OF CIVIL COURTS

13. (1) Save as otherwise provided by any enactment for the time being m force, the district court shall, subject to the provisions of se.oLun 15 of the Code of Civil Procedure, 1908, have original juris- diction in all civil suits without limit as regards the value.

Jurisdic- tion of the district court and of courts of subordi- nate judges and mun- slfts.

¹ {2) The jurisdiction in original civil suits as regards the value to be exercised by a subordinate judge or a munsifr shall be determined by the Administrator in such manner as he thinks fit, after consul- tation with the High Court:

Provided that in no case shall the jurisdiction of a munsiff be

without limit.

(3) Subject to the general superintendence and control of the High Court, the district judge shall have general control over all civil courts, including the establishment thereof and he may give such directions with respect to matters not provided for by law as he may think necessary.

13. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a district judge or an additional district judge shall lie to the High Court.

Appeals from dis- trict and additional district Judges.

(2) An appeal shall not lie to the High Court from a decree or order of an additional district judge in any case in which, if the decree or order has been made by the district judge, an appeal would not lie to that court

14. (2) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a subordinate judge shall he—

Appeal* from sub- ordinate judges and munsiffa

(a) to the district judge where the value of the original suit in which or in any proceeding arising out of which, a decree or order was made did not exceed five thousand rupees, and

(b) to the High Court in any other case.

(2) Save as aforesaid, an appeal from a decree or order of a

munsiff shall lie to the court of the subordinate judge.

ffof 1887

Power to invest sub- ordinate judges and munsiffs with small cause court jurisdic- tion. 15, The Central Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any subordinate judge or munsiff the jurisdiction of a judge of a court of small causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits, cognizable by such courts, up to such value not exceeding five hundred rupees as it thinks fit and may withdraw any jurisdiction so conferred:

Provided that the Central Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.

Certain de- cisions to be accord- ing to per- sonal law or custom.

It. Where in any suit or other proceeding it is necessary for a civil court to decide any question regarding succession, inheritance, marriage, caste or any religious usage or institution, any custom having the force of law, or any personal law, governing the parties to, or applicable in relation to the properties in issue in, such suit or proceeding shall form the rule of decision except in so far as such custom or personal law has, by legislative enactment, beeh altered or abolished.

17. (1) A court trying such suit or proceeding as is referred to Procedure in cases Involving custom or personal law.

in section 16 shall be assisted by four assessors and the court shall : decide such suit or proceeding after obtaining in such manner as the High Court may, by rule, direct, the opinion of each of the assessors separately about the fact in issue:

Provided that where the court disagrees with the opinion of any assessor, it shall record its reasons therefor and, decide the suit or

proceeding in accordance with its own opinion about the fact in issue.

(2) Nothing in this section shall apply to the trial of an appeal or any proceeding connected therewith.

List of

18. (1) The Administrator or such officer as may be appointed by him for the purpose shall, having regard to the provisions of sub- section (5) of section 19, prepare and make out a list of persons liable to serve as assessors in each civil court and forward a copy thereof to the presiding officer of such court.

(2) The list shall be prepared and revised once in every year in such manner as the High Court may, by rules, prescribe.

19. (1) Assessors for any case or proceeding in a court shall be summoned by the presiding officer thereof from the list of assessors of that court in such manner as the High Court may by rule direct.

Assessors how to b" summoned and chosen.

(2) The assessors shall be chosen by lo.t in such manner as the High Court may, by rules, prescribe, from amongst the persons sum- moned to act as such:

Provided that—

(a) pending the issue of rules under this section, the piac- tice prevailing in the Islands immediately before the commence- ment of this Regulation in respect of the choosing of assessors shall be followed;

(b) in the case of deficiency of persons summoned to act as assessors, the number of assessors required may, with the leave of the court, be chosen from such other persons as may be present.

(3) As each assessor is chosen, his name shall be called aloud, and upon his appearance, the parties to the suit or proceeding shall be asked if they object to the acceptance of the assessor.

(4) Objection may then be taken to such assessor by any such party and the grounds of objection shall be stated.

(5) Any objection taken to an assessor on any of the following grounds, if made out to the satisfaction of the court, shall be allowed: —

(a) some presumption or actual partiality in the assessor;

(b) some personal ground, such as alienage, deficiency in the qualification required by any law, or rule having the force of law lor the time being in force, or, being under the age of 21_ or above the age of 60 years;

(c) his having by habit or religious vows relinquished all care of worldly affairs;

(d) his holding any office in or under the court:

(e) his having been convicted of any offence which, in the opinion of the court, renders him unfit to serve as an assessor;

(/) his inability to understand the language in which the evidence is given or when such evidence is interpreted, the language in which it is interpreted;

(g) any other circumstance, which in the opinion of the court renders it improper to require him to act as an assessor.

(6) Every objection taken to an assessor shall be decided by the court, and such decision shall be recorded and be final.

(7) If the objection is allowed, the place of such assessor shall be supplied by any other assessor attending in obedience to a summons and chosen in the manner provided by this section, or if there is no such other assessor present, then, by any other person present in the court, whose name is on the list of assessors, or whom the court considers a proper person to act as an assessor:

Provided that no objection to such assessor or other person is taken and allowed.

CHAPTER IV

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

20. The Code of Civil Procedure, 1908 shall apply to all suits and proceedings before the court of a subordinate judge or munsiff sub- ject to the following exceptions, namely: —

(a) a defendant in a suit may, instead of filing a written statement, make an oral statement of his defence which shall be recorded by the court;

(b) all applications by parties in any suit or proceeding may

Ant 5 of 1908 to apply to suits and proceedings before courts of subordinate Judges and munfiiffs subject to exceptions.

be made orally before the court;

5 at 1908.

(c) no appearance, application or act in or to the court, required or authorised by law to be made or done by a party in such court, shall be made or done by a pleader (as denned in the Code of Civil Procedure, 1908) save with the permission ol the court;

(d) it shall be sufficient for the court to make a memoran- dum of the substance of the evidence of any witness examined by it and it shall not be necessary for the court to take down evidence of any witness in writing at length unless the court is,

on the application of any party or otherwise, satisfied that there is any special reason for so doing.

21. (i) The presiding officer of a civil court shall not try any suit or other proceeding or hear any appeal, to which he is a party or

l, in which he is personally interested.

r (2) No presiding officer shall hear an appeal from any judgment,

decree, sentence or order passed or made by himself.

Presiding officers of courts not to t ry suite, cases in which they are inter- ested.

(3) Where any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, he shall transmit forthwith the record of such suit, proceeding or appeal, as the case may be, to the court to which he is immediately subordi- nate with the report of thje circumstances attending the reference,

(4) The superior court shall thereupon dispose of the case under

5 of 1908.

section 24 of the Code of Civil Procedure, 1908.

(5) For the purposes of this section, the presiding officer of a court subject to the general control of the district judge shall be deemed to be immediately subordinate to the court of the district judge.

36 of 1963.

Exclusion of the monsoon period from the period of lfmita- tion.

22. Notwithstanding anything contained in the Limitation Act, 1963, or any other law for the time being in force in the Islands, if i any period of limitation prescribed by the said Act or bu such law for any suit, appeal or application expires on any day during the mon- soon period, then in computing the period of limitation for such suit, appeal or application, the period to the extent it has fallen within the monsoon period shall be excluded.

Explanation.—In this section "monsoon period" means the period

of four months ending on the 15th September.

Ministerial offlcflrg of cpurts.,

23. The ministerial officers of the district court shall be appointed by the district judge and the ministerial officers of the courts of subordinate judges and munsiffs shall be appointed by the district judge after consultation with the Administrator.

Abolition of certain courts.

24. AH civil courts which are in existence in the Islands imme- diately before the commencement of this Regulation (hereinafter referred to as the existing civil courts), are hereby abolished.

Existing rights not affected.

25. (1) The abolition of any existing civil court under section 24 shall not prejudicially affect? the continued operation of any notice served, injunction issued, direction made or proceeding taken before the commencement of this Regulation by such civil court under the powers then conferred upon it.

(2) Every suit, proceeding, case or appeal pending before any of the existing civil courts immediately before the commencement of this Regulation shall, on such commencement, stand transferred to the court exercising, under this Regulation, jurisdiction which cor- responds, as far as may be, to the jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which the suit, proceeding, case or appeal is deemed to be transferred, shall proceed to try, hear and determine the matter as if it had been pending with that court.

(3) Any judgment, decree, sentence or order passed or made before the commencement of this Regulation by any existing civil court shall be deemed for the purpose of execution to have been passed by a court constituted under this Regulation which corres- ponds, as far as may be, to the court which passed or made the judgment, decree, sentence or order, as the case may be,

(4) Any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed against before the commencement of this Regulation shall, after such commencement, lie to the court exercising under this Regulation jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which such appeal would have lain if this Regulation had not been made and had not come into force.

(5) Where any existing civil court has, by reason of its abolition under section 24, ceased to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or pro- ceeding which, if that court had not ceased to have jurisdiction, might have been had therein, mav be had in the court to which the business of the former court has been transferred under this section.

(6) Nothing contained in this section shall be construed as extending the period of limitation to which any suit, proceeding, case or appeal may be subject.

Removal

of diffi- culties.

26. If any difficulty arises in giving effect to the provisions of this Regulation, the Central Government may, after consultation with the High Court, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Regulation, as appear to it to be necessary or expedient for removing the difficulty.

. 27. Any law in force in the Islands or any area thereof corres- Repeal and saving.

ponding to this Regulation or any part thereof is hereby repeated:

Provided that the repeal by this Regulation of any law aforesaid shall not affect—

(a) the previous operation thereof; or

(b) any penalty, forfeiture or punishment incurred in res- pect of any offence committed against any law so repealed; or

(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been made and had not come into force:

Provided further that, subject to the provisions of the preceding proviso, anything done or any action taken (including any appoint- ment or delegation made, notification, instruction or direction issued, or any rule, regulation or form issued or framed) under any law hereby repealed shall be deemed to have been done or taken under the corresponding provisions of this Regulation.

S. RADHAKRISHNAN,

President.

R. C. S. SARKAR,

Secy, to the Govt. of India.

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MINT© ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

DELHI. ISflfl.