The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN

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THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court. Right to appear or act in proceedings transferred to the Bombay High Court. Establishment of a permanent bench of Bombay High Court at Panaji.

THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN

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Section 1 — Short title and commencement

Section 2 — Definitions

Section 3 — Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu

Section 4 — Jurisdiction of Bombay High Court

Section 5 — Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu

THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981 ACT NO. 26 OF 1981 [9th September, 1981.] An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, for the establishment of a permanent bench of that High Court at Panaji and for matters connected therewith. Short title and commencement.—(1) This Act may be called the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.—(1) On and from the appointed day, the jurisdiction of the High Court at Bombay shall extend to the Union territory of Goa, Daman and Diu. (2) On and from the appointed day, the Court of the Judicial Commissioner 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, direction given or proceedings taken before the appointed day by the Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon that Court. Jurisdiction of Bombay High Court.—On and from the appointed day, the High Court at Bombay shall have, in respect of the territories included in the Union territory of Goa, Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the Court of the Judicial Commissioner. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu.—The provisions of Chapter VI of Part VI of the Constitution shall apply to the High Court at Bombay in relation to the exercise of its jurisdiction to the Union territory of Goa, Daman and Diu, subject to the following exceptions and modifications, namely:— (a) the references in the said Chapter to “State” except where it occurs in the expression “Governor of the State” shall be construed as references to the Union territory of Goa, Daman and Diu; (b) in clause (1) of article 233 and in article 234, the references to the Governor of the State, and in article 237, the reference to the Governor, shall be construed as references to the Administrator of the Union territory of Goa, Daman and Diu; (c) the provisions of article 233A shall not apply; 1.

(d) in article 234, the reference to the State Public Service Commission shall be construed as a

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Section 6 — Special provisions relating to advocates

Section 7 — Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court

Section 8 — Right to appear or act in proceedings transferred to the Bombay High Court

Section 9 — Establishment of a permanent bench of Bombay High Court at Panaji

Section 10 — Allocation of expenditure of the Bombay High Court

Section 11 — Rule of construction

Section 12 — [Amendment of Goa, Daman and Diu Act 16 of 1965]

Section 13 — Power to remove difficulties

(d) in article 234, the reference to the State Public Service Commission shall be construed as a reference to the Union Public Service Commission. Special provisions relating to advocates.—Subject to any rule made or direction given by the High Court at Bombay in this behalf, any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner shall be entitled to practise as an advocate in the High Court at Bombay. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court.—(1) All proceedings pending in the Court of the Judicial Commissioner immediately before the appointed day shall stand transferred to the High Court at Bombay. (2) Every proceeding transferred under sub-section (1) shall be disposed of by the High Court at Bombay as if such proceeding were entertained by that High Court. (3) Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay. Right to appear or act in proceedings transferred to the Bombay High Court.—Any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner and was authorised to appear or to act in any proceedings transferred from that Court under section 7, shall have the right to appear or to act, as the case may be, in the High Court at Bombay in relation to those proceedings. Allocation of expenditure of the Bombay High Court.—The expenditure in respect of the High Court at Bombay, including the expenditure in respect of the salaries and allowances of the Judges, officers and servants of the High Court shall, as from the appointed day, be allocated between the State of Maharashtra and the Union in such proportion as the President may, by order, determine. Rule of construction.—References in any law in force in the Union territory of Goa, Daman and Diu to the Court of the Judicial Commissioner shall, on and from the appointed day, be construed in relation to that territory as references to the High Court at Bombay.

14. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the

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Section 14 — Power to adapt laws

Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the Union territory of Goa, Daman and Diu, the Central Government may, before the expiration of two years from the appointed day, by order, make 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 other competent authority.