REGISTERED No. D. Ml

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No.

20]

NEW DELHI, MONDAY, APRIL I8, 1966/CHAITRA 28, 1888

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

as a separate compilation.

LOK SABHA

The following Report of the Select Committee on the Bill to

provide for the constitution of a High Court for the Union territory

of Delhi, for the extension of the jurisdiction of that High Court

to the Union territory of Himachal Pradesh and for matters con-

nected therewith was presented to Lok Sabha on the 18th April,

1966: —

Composition of the Committee

Shri S. V. Kdshnamoorthy Rao—Chairman

MEMBERS

Dr. M, S. Aney

Shri Bhagwat Jha Azad

Shri Ramchandra Vithal Bade

(359)

2<X>

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

Shri S. M. Banerjee

Chodhury Brahm Perkash

Shrimatl Renu Chakravartty

Shri Gajraj Singh Rao

Shri Shiv Charan Gupta

Shri K. Hanumanthaiya

Shri Himmatsinhji

Shri Hari Vishnu Kamath

Sardar Kapur Singh

Shri Bakar Ali Mirza

Shri Gulzarilal Nanda

Shri Naval Prabhakcir

Shri J. B. Muthyal Rao

Shri Sham Nath

Shri Vidya Charan Shukla

Dr. L. M. Singhvi

Shri U. M. Trivedl

Shri Ram Sewak Yadav

Shri Jaisukhlal Hathi

DRAFTSMEN

, Shri K. K. Sundaram, Joint Secretary and Draftsman, Ministry

of Law.

Shri V. S. Bhashyam, Assistant Draftsman, Ministry of Law.

REPRESENTATIVES OP THE MINISTRY

Shri C. P. Gupta, Joint Secretary, Ministry of Home Affairs.

Shri Mangli Prasad, Deputy Secretary, Ministry oj Home Affairs.

SECRETARIAT

Shri M. C. Chawla -Deputy. Secretary.

Sic. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

261

REPORT OP THE SELECT COMMITTEE

1. the Chairman of the Select Committee to which the Bill* to

provide for the constitution of a High Court for the Union territory

of Delhi, for the extension of the jurisdiction of that High Court to

the Union territory of Himachal Pradesh and for matters connected

therewith was referred, having been authorised to submit the report

on their behalf present their report, with the Bill as amended by

the Committee annexed thereto.

2. The Bill was introduced in Lok Sabha on the 6th December,

1965. The motion for consideration of the Bill was moved by Shri

Jaisukhlal Hathi, the Minister of State In the Ministry of Home

Affairs, on the 9th December, 1965. On the 15th February, 1966,

Shri Hathi moved a motion for reference of the Bill to a Select Com-

mittee which was adopted on the same day.

3. The Committee held five sittings in all.

4. The first sitting of the Committee was held on the 16th Feb-

ruary, 1966, to draw up a programme of work. The Committee at

this sitting decided to hear evidence from associations, etc., desirous

of presenting their views before the Committee and to issue a press

communique inviting memoranda for the purpose. The Committee

also decided to hear the views of the concerned Bar Associations, if

they so desired.

5. The report of the Committee was to be presented by the 28th

February, 1966. As this could not be done, the Committee, at their

first sitting held on the 16th February, 1966, decided to ask for exten-

sion of time for presentation of their report upto the 4th April, 1966.

Necessary motion was brought before the House and adopted on the

22nd February, 1966. At their third sitting held on the 1st April,

1966, the Committee decided to ask for further extension of time

upto the 18th April, 1966 which was granted by the House on the

4th April, 1966.

6. Eleven memoranda/representations/resolution

on the Bill

were received by the Committee from different Bar Associations/

associations/individuals.

•Published in tho Gazette of India. Extraordinary, Part II, Section 2, dated the 6th

December, 1965.

262

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

7. At their second and third sittings held on, the 14th March and

1st April, 1966, the Committee heard the evidence given by the rep-

rtsentatives of two associations, namely P.C.S. (Judicial Branch)

Association, Punjab and Delhi, New Delhi and the District Bar Asso-

ciation, Gurgaon, respectively.

8. The Committee have decided that the evidence given before

them should be laid on the Table of the House m extenso.

9. The Committee considered the Bill clause by clause at their

third and fourth sittings held on the 1st and 5th April, 1966.

10. The Committee considered and adopted the report on the 11th

April, 1966.

11. The observations of the Committee with regard to the principal

changes proposed in the Bill are detailed in the succeeding para-

graphs.

12. Clause 1 and enacting formula.—The changes made therein

are of a consequential nature.

13. Clause 4.—The Committee feel that since there will be no

Chief Justice of the Delhi High Court in office before the "appointed

day", the provision in Article 217 of the Constitution regarding con-

sultation with the Chief Justice of the High Court by the President

should not be made applicable to appointment of other Judges of the

High Court before the "appointed flay".

Sub-clause (1) (a) of the clause has been amended accordingly,

14. Clause 9.—The amendment Is of a drafting nature.

15. Clause 16.—The Committee are of the opinion that on the

coming Into being of the Delhi High Court, all proceedings in respect

of suits the value of which exceeds twenty-five thousand rupees and

which are pending before subordinate courts in the Union territory

of Delhi should stand transferred to the Delhi High Court.

The clause has been substituted accordingly.

16. Clause 17.—Consequent upon the amendment made In clause

16, a corresponding provision has been made in sub-clause" (7) with

regard to the Union territory of Himachal Pradesh.

17. Clause 18.—The amendments made In the clause are of a

drafting nature.

a64

THE GAZETTE OF INDIA EXTRAORDINARY

[PAOT II

MINUTES OF DISSENT

According to the Constitution (Art. 241) there can be established

a High Court for a Union territory and Art. 241(4) declares that

"Nothing in this article derogates from the power of Parliament to

extend or exclude the jurisdiction of a High Court for a State to, or

from, any Union territory or part thereof" which means that the

jurisdiction of a High Court for a State can be extended to a Union

territory or a part thereof but it is clear that the jurisdiction of a

High Court cannot be extended, so as to include any other Union

territory. Here in this Bill both Delhi and Himachal are Union

territories. This requires amendment of the Constitution and It

cannot be deemed to have been done by this Bill by itself.

2. The areas surrounding and near Delhi are Districts Hissar,

Mohindergarh, Gurgaon, Rohtak, Karnal and Ambala of Punjab. It

Is well established principle of justice that it should be efficiently

and cheaply available. It is in the interest of public and in conson-

ance with the principle that there should be a common High Court

for these Districts of Hariana and Delhi

(which is in common

parlance called old Delhi Territory—with custom and law common

to them since times immemorial). The Bar Associations of these

areas have also demanded it and submitted memoranda and led

evidence. If clause 4 of the Bill amounts to amendment of Constitu-

tion, it can be also to same effect if these Districts are also in the

extended jurisdiction of Delhi High Court and amendment can be

made.

3. Himachal Pradesh area is 200 miles to 500 miles away from

Delhi, with Hariana area of Punjab intervening, while the areas of

Hariana mentioned above only 15 to 80 miles away and contiguous.

On grounds of justice, convenience, good of public there should be

common High Court for these areas of Hariana Prant and Delhi.

4. Now that it has been declared that there is to be Punjabi

Suba and Hariana Pradesh or Prant and also some material changes

in Himachal Pradesh i.e., inclusion of Kangra, Kullu, Lahaul and

Spiti Districts in that Pradesh, another Bill shall have to be brought

SEC. 2]

THE GAZETTE Of INDIA EXTRAORDINARY

265

to Include these areas under the High Court of Delhi and consti-

tutional amendments would be necessary. This process is being

expedited and boundary commission is being appointed for demarca-

tion and, at the latest, these States are to be established by October,

1966. It is also not certain whether new Himachal Pradesh is to be

a State or a Union territory and, therefore, very many changes shall

be necessary, including those of the Constitution. Further, the

assurance that there should be a permanent Bench at Simla, would

cause huge unnecessary expenditure to the States and the Centre.

5. In view of what has been stated above, it is advisable and in

public interest and to avoid complications and difficulties, that till

the question of further division of Punjab by metes and bounds is

decided, this Bill be kept in abeyance, as it would require amend-

ments in the light of delimitation of Punjabi Suba, Hariana Prant

and Himachal Pradesh.

The point that it would delay this matter is not very material or

valid ground, since this Bill cannot be passed till monsoon session

of Parliament and by that time the Bill for creation of Punjabi Suba

etc. would also be passed and in summer the High Court remains

closed for about two months.

6. When the division of Punjab and creation of Punjabi Suba,

Hariana Prant and Himachal Pradesh is established and there would

be clear picture for enacting the law and there would be no consti-

tutional difficulty or doubts, aa there can be, rather there shall be

High Court for a State and thus there can be a High Court for

Hariana Prant (State) and its jurisdiction can be according to

Art. 241 of the Constitution extended to Delhi (Union) territory

and even Himachal Pradesh if it remains a Union territory. There

is no prohibition according to Constitution that the seat of the High

Court be at Delhi with a common High Court for Hariana Prant

and Delhi (also Himachal Pradesh).

7. Considering all the aspects it is desirable that it be kept in

abeyance, as stated above or in the alternative be amended so as to

have its jurisdiction over Hariana Prant area and clause (4) may

be deemed as amendment of the Constitution, with this provision.

GAJRAJ SINGH RAO.

NEW DELHI;

The Uth April, 1966.

266

THE GAZETTE 6 F INDIA EXTRAOKDINABV

[PABT n

When the Delhi High Court Bill was on the anvil of Parliament,

and was being considered by a Select Committee of the House, a

decision was taken by Government to reorganize the State of Punjab

on a linguistic basis. This decision should have induced

second

thoughts on the part of Government with regard to this Bill.

With Punjabi Suba and Haryana State in the offlng which will

probably affect the status of Himachal Pradesh as a separate entity,

the Bill should either have been withdrawn or kept in abeyance.

Clause 17 of the Bill seeks to extend the jurisdiction of the High

Court of Delhi to the Union territory of Himachal Pradesh. The

future of Himachal Pradesh is now in the balance. Moreover, It

would be practicable to have a common High Court for Haryana State

and Delhi, but it would be impossible, constitutionally, to extend

the jurisdiction of the High Court of Delhi

(Union territory)

Haryana (State), The extension of the jurisdiction

of the High

Court of Haryana to Delhi would, however, be possible, and even

desirable.

3. The vicissitudes of this Bill have amply vindicated the plea,

which I have often made in the House, that all Bills, except those of

a routine or minor character, should invariably be referred to a

Joint Committee of both Houses or a Select Committee of the House.

H. V. KAMATH-

NEW

DELHI;

The 15th April, 1966.

The Bill is, as I conceive the matter, unconstitutional since accord-

ing to Article 231 of the Constitution, there cannot be a common High

Court for two Union Territories and according to Article 241, though

the jurisdiction of a State High Court can be extended to a Union

SEC. 2 ]

THE GAZETTE OF TNDTA EXTRAORDINARY

Territory or a part of a Union Territory, the jurisdiction of a High

Court in a Union Territory cannot be extended to another Union

Territory.

The State of Punjab is to be reorganised in the immediate near

future and Punjabi-speaking and Haryana Prant States are to be de-

marcated and reorganised, and also, some parts, Kangra etc. are

likely to be included in H.P. Union Territory, and thus the Bill, even

if passed, would require multiple amendments conpequent upon the

reorganisation of these States wbrch is likely to be affected by the

beginning of October, 1966. The Haryana State, when formed, can,

according to Article 214, have its own High Court and its jurisdiction

can then be extended to the Delhi Union Territory which would be

as convenient as in public interest as well as in the interest of

justice for both these territories.

The Punjabi-speaking State can

have its own High Court, and considering the basic principle of con-

venience of dispensing justice, the proposed Haryana State and Delhi

should have a common High Court.

The clause in the Bill, by itself, ev?n if enacted, cannot have the

effect of amending the Constitution, and amending of the Constitu-

tion, in any case, is absolutely necessary, and Article 368 of the Con-

stitution requires a spec'?I procedure and special voting for amend-

ment of the Constitution. Therefore-, it is appropriate and expedient

that this Bill be kept in abeyance till the new proposed States are

formed and come into existence, as this would r;ave a great

many

complications which are otherwise most likely to arise-

KAPUR SINGH,

NEW

DELHI;

The 15th April, 1966.

268

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

BUI No. 90A of 1965

THE DELHI HIGH COURT BILL, 1965

(As REPORTED BY THE SELECT COMMITTEE)

(Words underlined or side-lined indicate the amendments suggested

by the Committee.)

BILL

to provide for the constitution of a High. Court for the Union

territory of Delhi, for the extension of the jurisdiction of that

High Court to the Union territory of Himachal Pradesh and for

matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the

Republic of India as follows:—

—————

Short

title and

commen-

cement.

1. (1) This Act may be called the Delhi High Court Act, 1966.

(2) Section 17 shall come into force on such date as the Central

Government may, by notification in the Official Gazette, appoint; and 5

the remaining provisions of this Act shall come into force at once.

Defini-

tion!.

2. In this Act, unless the context otherwise requires,—

(o) "appointed day" means the date appointed under sec-

tion 3;

SKC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINABY

269

(b) "notified order" means order notified in the Official

Gazette.

3. (1) As from such date as the Central Government may, by

notification in the Official . Gazette, appoint^ there shall be a High

5 Court for the Union territory of Delhi (hereinafter referred to as

the High Court of Delhi).

(2) The principal seat of the High Court of Delhi shall be at Delhi

or at such other place as the President may, by notified order, appoint.

(3) Notwithstanding anything contained in sub-section (2), the

10 Judges and Division Courts of the High Court of Delhi may sit at

such other place or places other than its principal seat as the Chiei

Justice may, with the approval of the President, appoint.

High

Court,

4. (1) The provisions of Chapter V of Fart VI of the Constitution

shall, in their application to the High Court of Delhi, have

effect

15 subject to the following exceptions and modifications, namely: —

(a) in article 217, the words "the Governor of the State"

shall be omitted and in relation to appointmenls to be made

under sub-section (2), that article shall be construed as if the

words "and, in the case oi appointment of a Judge other than

the Chief Justice, the Chiei Justice of the High Court." had also

been omitted;

(b) in article 219, the reference to the Governor of the State,

and in the proviso to clause (3) of article 227, the reference to

the Governor, shall be construed as a reference to the adminis-

trator of the Union territory of Delhi;

(d) in article 229,—

(i) the references to the Governor of the State shall be

construed as references to the administrator of the Union

territory of Delhi;

(ii) the references to the State Public Service Commis-

sion, the Legislature of the State and the Consolidated Fund

of the State shall be construed, respectively, as references to

the Union Public Service Commission, Parliament and the

Consolidated fund of India;

(e) the provisions of article 230 shall apply subject to the

modifications that—

(i) in clause (1) thereof, for the words "High Court" in

both the places where they occur, the words "High Court for

a Union territory" and for the words "any Union territory",

the words "any other Union territory" shall be substituted;

Exceptions

and modi-

fications

subject

to which

the provi-

sions of

Chapter V

of Fait

VI of th«

Constitu-

tion apply

to the

High

Court of

Delhi

270

THE GAZETTE OF INDIA EXTRAORDINARY

[PAH! 11

(ii) for clause (2) thereof, the following clause shall u^

substituted, namely: —

" (2) Where the High Court for

a Union

territory

exercises jurisdiction

in relation to another

Union

territory, the reference in article 227 to the administrator

of the Union territory of Delhi shall, in relation to any

rules, forms or tables for subordinate courts in that other

Union territory, b e

construed as a reference to

the

administrator of that other Union territory.".

(2) Between the coming Into force of this section and the appoint- I 0

ed day, the President may, after consultation with the Chief Justice

of India, appoint the Chief Justice of the High Court of Delhi and

as many other Judges of the said High Court as he thinks fit, and any

appointments so made shall take effect as from the appointed day.

Jurisdic-

tion of

High

Court of

Delhi.

5. (2) The High Court of Delhi shall have, in respect of the

territories for the time being included In the Union territory of Delhi,

all such nominal, appellate and other jurisdiction as, under the law

In force immediately before the appointed day, is exerclsable in

respect of the said territories by the High Court of Punjab.

(2) Notwithstanding anything contained in any law for the time 2C

being in force, the High Court of Delhi shall also have in respect

of the said territories ordinary original civil jurisdiction in every

suit the value of which exceeds twenty-five thousand rupees.

Powtr to

enrol

legal prac-

titioners,

•te

6. (i) The High Court of Delhi shall have like powers to approve,

admit, enrol, remove and suspend legal prictitioners, and to make 25

rulea with respect to them, as are, under the law in force immediately

before the appointed day, exercisable by the High Court of Punjab.

(2) The right of audience in the High Court of Delhi shall be

regulated in accordance with the like principles, as,

immediately

before the appointed day, are in force with respect to the right of g0

audience in the High Court of Punjab:

Provided that subject to any rule made or direction given by the

High Court of Delhi in the exercise of the powers conferred by this

section, any person who immediately before the appointed day is

an advocate entitled to practise or an attorney entitled to act in the 35

High Court of Punjab shall be recognised as an advocate or an

attorney entitled to practise or act, as the case may be, in the High

Court of Delhi,

SEC. 2 ]

THE GAZETTE OF INtHA EXTRAORDINARY

2-Jt

7. Subject to the provisions of this Act, the law in force Imme-

diately before the appointed day with respect to practice and proce-

dure in the High Court of Punjab shall, with, the necessary modifica-

tions, apply in relation to the High Court of Delhi and accordingly

5 the High Court of Delhi shall have all such powers to make rules

and orders with respect to practice and procedure as are imme-

diately before the appointed day exercisable by the High Court of

Punjab and shall also have powers to make rules and orders with res-

pect to practice and procedure for the exercise of its ordinary original

10 civil jurisdiction:

Provided that any rules or orders which are in force immediately

before the appointed day with respect to practice and procedure in

the High Court of Punjab shall, until varied or revoked by rules or

orders made by the High Court of Delhi, apply with the necessary

15 modifications in relation to practice and procedure in the High Court

of Delhi as if made by that High Court,

Prac-

tice

and

proce-

dure

in the

High

Court

Delhi.

8. The law in force immediately before the appointed day with

respect to the custody of the Soal of the High Court of Punjab

shall, with the necessary modifications, apply with respect to the

20 custody of the Seal of the High Court of Delhi.

Custo-

of the

Seal of

the

High

Court of

Delhi.

9. The law in force immediately before the appointed day with

respect to the form of writs and other processes used, issued or

awarded by the High Court of Punjab shall, with the necessary

modifications, apply with respect to the form of writs and other

processes used, issued or awarded by the High Court of Delhi.

Form of

writs

and other

processes.

10. (7) Where a single Judge of the High Court of Delhi exer-

cises ordinary original civil jurisdiction conferred by sub-section (2)

of section 5 on that Court, an appeal shall lie from the judgment

of the single Judge to a Division Court of that High Court.

, 0

(2) Subject to the provisions of sub-section (1), the law in force

immediately before the appointed day relating to the powers of the

Chief Justice, single Judges and Division Courts of the High Court

of Punjab and with respect to all matters ancillary to the exercise

of those powers shall, with the necessary modifications, apply in

relation to the Hieh Court of Delhi.

Powers

of Judges.

11. The law in force immediately before the appointed day relat-

ing to appeals to the Supreme Court from the High Court of

Punjab and the Judges and Division Courts thereof shall, with' the

necessary modifications, apply in relation to the High Court of

40 Delhi.

Procedure

as to

appeals to

Supreme

Court.

271

TftBl GAZETTE OF INDIA EXTRAORDINARY

.. [PART II

Transfer

of pro-

ceedings

from the

High

Court of

Punjab

to the

High

Court of

Delhi.

12. (1) Except as hereinafter provided, the High Court of Punjab

shall, as from the appointed day, have no jurisdiction in respect of

the Union territory of Delhi.

(2) Such proceedings pending in the High Court of Punjab

immediately before the appointed day as are certified, whether 5

before or after that day, by the Chief Justice of that High Court

having regard to the place of accrual of the cause of action and

other circumstances to be proceedings which ought to be heard and

decided by the High Court of Delhi, shall, as soon as may be after

such certification, be transferred to the High Court of Delhi.

(3), Notwithstanding anything contained in sub-sections (2) and

(2) of this section and in section 5, but save as hereinafter provided,

the High Court of Punjab shall have, and the High Court of Delhi

shall not have, jurisdiction to entertain, hear or dispose of, appeals,

applications for leave to appeal including leave to appeal to the 15

Supreme Court, applications for review and other proceedings

where any such proceedings seek any relief m respect of any order

passed by the High Court of Punjab before the appointed day:

Provided that if after any such proceedings have been entertainea

by the High Court of Punjab, it appears to the Chief Justice of that 20

High Court that they ought to be transferred to the High Court of

Delhi, he shall order that they shall be so transferred, and such pro-

ceedings shall thereupon be transferred accordingly.

(4) Any order made by the High Court of Punjab—

(a) before the appointed day, in any proceedings transferred 25

to the High Court of Delhi by virtue of sub-section (2);

(b) in any proceedings with respect to which the High

Court of Punjab retains jurisdiction by virtue of sub-section (3),

shall for all purposes have effect, not only as an order of the High

Court of Punjab, but also as an order made by the High Court of 30

Delhi.

Right

to appear

or to act

in pro-

ceedings

transfer-

red to

the High

Court of

Delhi.

Interpre-

tation.

13. Any person who, immediately before the appointed day, is an

advocate entitled to practise or an attorney enl.tled to act, in the

High Court of Punjab, and was authorised to appear or to act in

any proceedings transferred from that High

Court to the High 35

Court of Delhi under section 12, shall have the right to appear or to

act, as the case may be, in the High Court of Delhi in relation to

those proceedings.

14. For the purposes of sections 12 and 17,—

(o) proceedings shall Be deemed to be pending in a court 40

until that court has disposed of all issues between the parties,

including any issues with respect to the taxation of the costi of

SEC, 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

273

the proceedings and shall include appeals, applications for leave

to appeal to the Supreme Court, applications for review, peti-

tions for revision and petitions for writs;

(b) references to a High Court shall be construed as includ-

ing references

to a Judge

or Division

Court thereof, and

references to an order made by a court or a Judge shall be

construed as including references to a sentence, judgment or

decree passed or made by that court or Judge.

15. Save as provided in section 4, nothing in this Act shall affect

10 the application to the High Court of Delhi of any provisions of the

Constitution, and this Act shall have effect subject to any provision

that may be made on or after the appointed day with respect to that

High Court by any Legislature or other authority having power to

make such provision.

Savings.

16. AH proceedings pending immediately before the appointed

day in any subordinate court in the Union territory of Delhi in or

in relation to any such civil suit as is referred to in sub-section (2)

of section 5 shall on that day stand transferred to the High Court

of Delhi which shall proceed to try, hear and determine the matter

20 as if it had been pending therein.

Pending

proceed-

ings

before

subordi-

nate

17. (1) As from; such date as the Central Government may, by

notification in the Official Gazette, appoint (hereinafter referred to

as the prescribed date), the jurisdiction of the High Court of Delhi

shall extend to the Union territory of Himachal Pradesh.

(2) As from the prescribed date the Court of the Judicial Com-

missioner for Himachal Pradesh shall cease to function and is hereby

abolished:

Provided that nothing in this sub-section shall prejudice or affect

the continued operation of any

notice served, injunction

issued,

30 direction given, or proceedings taken before the prescribed date by

the Court of

the Judicial

Commissioner for Himachal

Pradesh

abolished by this sub-section.

(3) The High Court of Delhi shall have, in respect of the terri-

tories for the time being included in the Union territory of Himachal

05 Pradesh,—

(a) all such original, appellate and ofier jurisdiction

under the law in force immediately before the prescribed date,

is exercisable in respect of the said

territories by the Court of

the Judicial Commissioner for Himachal Pradesh; and also

(b) ordinary original civil jurisdiction in every suit the value

of which exceeds twenty-five thousand rupees, notwithstanding

anything contained in any law for the time being in force.

Courts in

Delhi

Extension

of the

Jurisdic-

tion of

the High

Court of

Delhi.

274

THE GAZETTE OF INDIA EXTRAORDINARY

[PART H

(4) All proceedings pending in the Court of the Judicial Com-

m'Soioner for Himachal Pradesh before

the prescribed date sha]l

stand transferred to the High Court of Delhi.

(5) Any order made before the prescribed date by the Court

referred to in sub-section (4) shall for all purposes have effect not 5

only as an order of that Court but also as an order of the High

Court of Delhi.

(6) For the removal of doubts, it is hereby declared that the

provisions of sections 6 to 11 and 13 shall, with the necessary modi-

fications, apply to the High Court of Delhi in the exercise of juris-^IO

diction conferred upon it by this section.

(7) All proceedings pending immediately before the prescribed

date in any subordinate court in the Union territory of Himachal

Pradesh in or in relation to any such civil suit as is referred to In

clause (b) of sub-section (3) shall on that date stand transferred^X5

to the High Court of Delhi which shall proceed to try, hear and

determine the matter as if it had been ppnding therein.

Rule of

construc-

tion.

1.8. (7) References in any law in force in the Union territory of

Delhi to the High Court of Punjab shall, as from the appointed day,

be construed in relation to that Union territory as references to the -¹⁰

High Court of Delhi,

(2) References in any law in force in the Union territory of

Himachal Pradesh to the High Court of Punjab or to the Court of

the Judicial Commissioner for that territory shall, as from the pres-

cribed date, be construed in relation to that Union territory As 25

references to the High Court of Delhi.

Amend-

ment of

certain

laws.

19. The laws specified in the Schedule shall be amended in the

manner and with effect from the date specified therein.

Power

to remove

diffi-

culties.

20. (1) If any difficulty arises in giving effect to the provisions

of this Act, the Central Government may, by notified order, make 30

such provision as appears to it to be necessary or expedient for the

removal of the difficulty.

(2) Every order made under this section shall be laid as soon as

may be after it is made before each House of Parliament while it is

in session for a total period of thirty days which may be comprised 35

in one session or in two successive sessions, and if, before the expiry

of the session in which it is so laid or the session immediately fol-

lowing, both Houses agi;ee in making any modification in the order

or both Houses agree that the order should not be made, the order

shall thereafter have effect only in such modified form or be of no 40

SEC. 2 ]

THE GAZETTE OI' ;NE>1A EXTRAORDINARY

275

effect, as the case may be; so, however, that any such modification

or annulment shall be without prejudice to thp validity of anything

previously done under that order.

21. For the purpose of facilitating the application of any law in

5 relation to the Union territory of Delhi or Himachal Pradesh, the

Central Government may, before the expiration of two years from

the appointed day in relation to the Union territory of Delhi and

before the expiration of two years from the prescribed date In rela-

tion to the Union territory of Himachal Pradesh, by order,

make

i° such adaptations and modifications of the law, whether by way of

repeal or amendment, as may be necessary or expedient to give effect

to the provisions of this Act and thereupon every such law

shall

have effect subject to the adaptations and modifications

so made

until altered, repealed or amended by a competent Legislature or

15 other competent authority.

Power to

adapt

laws.

THE SCHEDULE

(See section 19)

Punjab

Act VI

of 1918.

I. As from the appointed day, in the Punjab Courts Act, 1918, as

in force in the Union territory of Delhi,—

(i) In section 25, for the words "in original civil suits with-

out limit as regards the value", the words "In every original

civil suit the value of which does not exceed twenty-five thou-

sand rupees" shall be substituted;

(ii) in section 26, for the words "The jurisdiction", the words

and figures "Subject to the limit specified in section 25, the

jurisdiction" shall be substituted.

15 of 1950.

II. As from the prescribed date, in the Judicial Commissioners'

Courts (Declaration as High Courts) Act, 1950, in section 3, the

expression "Himachal Pradesh," shall be omitted.

m As from

the prescribed date,

in the Himachal

Pradesh

(Courts) Order, 1948,—

(i) throughout the Order, save as otherwise expressly pro-

vided, for the words "Chief Commissioner", the words "Lieute-

nant Governor" shall be substituted and for the words "Judicial

Commissioner" or "Court of the Judicial

Commissioner", the

words "High Court" shall be substituted, and such consequential

amendments as the rules of grammar may require shall

made;

(ii) Chapter II shall be omitted;

(Hi) in paragraph 15, the words "the Court of the Judicial

Commissioner and" shall be omitted;

(iv) in paragraph 20, for the words "in civil suits without

276

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 21

limit as regards the value", the words "in every civil suit the

value of which does not exceed twenty-five thousand rupees'

•hall be substituted;

(v) in paragraph 21, for the worda "The jurisdiction", the

worda and figures "Subject to the limit specified in paragraph 5

20, the jurisdiction" shall be substituted;

(vi) in paragraph 38, sub-paragraph (1) shall be omitted

and in sub-paragraph (2), for the words, brackets and figure

"under sub-paragraph (1)", the words and figures "for the

exercise of the jurisdiction under paragraph 35" shall be io

substituted.

S. L. SHAKDHER,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER

GOVERNMENT OiT INDIA PRESS,

MIKTO ROAD., NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

DELHI, 1966.