The ASSAM ADMINISTRATION OF JUSTICE IN THE NORTH CACHAR HILLS DISTRICTACT, 2009 (SINGLE DOCUMENT)

ASSAM ACT NO. XXVI OF 2009 
(Received the assent of the Governor on 27th October, 2009) 
 
THE ASSAM ADMINISTRATION OF JUSTICE 
IN THE NORTH CACHAR HILLS DISTRICTACT, 2009 
 
 
AN 
ACT 
 
 
 
 
Preamble.
 
 for the Administration of Justice - both Civil and Criminal in the 
North Cachar Hills District in the State of Assam to facilitate the trial 
of suits and cases by regular Civil and Criminal Courts subject to 
provisions of the Sixth Schedule to the Constitution of India. 
            Whereas it is expedient to provide for the administration of 
Justice both - Civil and Criminal in the North Cachar Hills District in 
the State of Assam to facilitate the trials of suits and cases by regular 
civil and Criminal Courts in order to effect the Constitutional 
mandate of separation of Judiciary from Executive pursuant to the 
directive of the Apex Court subject to provisions of the Sixth 
Schedule to the Constitution of India and the matters connected there 
with or incidental thereto. 
          Whereas it is expedient for bringing the Judiciary Separated 
from the Executive to take away the existing system of 
Administration of Justice by the Deputy Commissioner or his 
assistants within the scope and ambit of the Sixth Schedule of the 
Constitution of India and to set up regular Civil and Criminal Courts 
for discharge of Judicial functions. The North Cachar Hill Areas 
being the Tribal areas contemplated under Article -  244 of the 
constitution. Therefore, the regular Civil and Criminal Courts shall 
be made functional subject to provisions of Para - 4 and 5 of the 
Sixth Schedule to the Constitution. 
          It is hereby enacted in the Sixtieth Year of the Republic of 
India as follows: - 
 
 
Short title, 
extent and 
commencement. 
1.  
 
(1) This Act may be called the Assam Administration of Justice in 
the North Cachar Hills District Act , 2009 
 
(2) It extends to the whole of the North Cachar Hills District in the 
State of Assam 
 
(3) It shall come into force at once. 
 
 
 
Application of 
the provisions 
of the Code of 
Civil 
Procedure,1908 
and the Code of 
Criminal 
Procedure,1973, 
in the North 
Cachar Hills 
District 
 
2.  
 
(1) On and from such date as the State Government may notify in 
this behalf in the Official Gazette under the proviso to sub-
section(3) of section 1 of the Code of Civil Procedure, 1908 and 
under the proviso to sub-section (2) of section 1 of the Code of 
Criminal Procedure , 1973 respectively, the provisions of the 
Code of Civil Procedure, 1908 and the Criminal Procedure Code,  
1973 shall apply in the whole of the North Cachar Hills District 
for the administration of Justice -both Civil and Criminal subject 
to provisions of the Sixth Schedule to the Constitution of India. 
 
(2) The provisions of the Code of Civil Procedure, 1908 and the 
Code of Criminal Procedure, 1973 shall apply mutatis mutandis 
to all proceedings, enquiry, investigation, trial and other 
incidental matters connected with the conduct of Civil and 
Criminal cases subject to provisions of the Sixth Schedule. 
 
(3) The powers and functions of the police under the existing system 
which have been prevailing in the North Cachar Hills District so 
far the suits and cases covered by this Act shall be exercised by 
the State Police authorities in exercise of the powers conferred 
and functions assigned to them under the relevant provisions of 
the Code of Civil Procedure, 1908 and the Code of Criminal 
Procedure, 1973. 
 
 
Central Act 
No. of 1908 
Central Act 
No 2 of 
1974 Repeal and 
saving 
3.  
 
(1) The provisions of the Rules for the Administration of Justice in 
the North Cachar Hills Sub-Division framed by the Governor 
under the powers vested in him by section 6 of the Scheduled 
District Act , 1874 (Act XIV of 1874 ). hereinafter called as the 
Rules, in so far they are inconsistent with the provisions of this 
Act , shall stand repealed. 
 
(2) Notwithstanding such repeal,-  
(i) anything done or any action taken or any case already 
disposed of under the Rules shall be deemed to have been 
done or disposed of as if this Act has not come into force. 
(ii)  suits, cases, appeal, application, proceedings or other business 
relating to both Civil and Criminal Justice pending before the 
Court of Deputy Commissioner or the Assistants to Deputy 
Commissioner shall stand transferred to the Competent Civil 
and Criminal Courts of the appropriate jurisdiction to be 
established under the Code of Civil Procedure, 1908 and the 
Code of Criminal Procedure, 1973, as the case may be, with 
effect from such date as may be notified by the State 
Government.  
(iii)  (a) In the trial of suits and cases arising out of any law in 
force in the North Cachar Hills District, the Civil Courts 
of competent Jurisdiction shall be governed by the 
provisions of the Code of Civil Procedure, 1908 as 
amended. 
 
 
 
 
 
 
 
 
 
Central Act 
No 5 of 
1908 
Central Act 
No. 2 of 
1974 
(b) In the trial of Criminal cases in respect of offences 
punishable with death, transportation for life,or 
imprisonment for a term of not less than 5 years under the 
Indian Panel Code or under any other laws for the time 
being in force, the Courts of competent Jurisdiction shall 
be governed by the Code of Criminal procedure, 1973 as 
amended. 
 
 
 
 
 
MOHD. A. HAQUE, 
Secretary to the Government of Assam, 
Legislative Department, Dispur . 

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