The SHILLONG CIVIL COURTS AND LAWS ACT, 1947

.I 
ASSAM ACT VIII· OF 1947 
THE SHILLONG CIVIL COURTS AND LAWS ACT, 1947 
(Passed by the Assam Legislature.) 
' 
(Received the assent of the Governor on the 31st Marc h 1947 .] 
Preamble. 
Short titk, 
commence­
ment and 
extent. 
Definitions. 
[Published in the Assam Gaz:.ette of the 9th April 1947 ) 
An Act to extend certain enactments to the British portion of 
Shillong Town, and to make certain provisions for the better 
administration qf justice in that area. 
WHEREAS it is expedient that the administrati'on of civil 
justice in the British portion of the Town of Shillong should 
be brought into line with that obtaining in the more 
advanced parts of the Province ; 
And whereas it is further deemed expedient to extend to 
the aforesaid area certain enactments which ar~ either now 
not in force therein or in respect of which there is doubt as 
to whether they are in force ; 
It is hereby enacted as follows :-
l. (1) This Act shall be called the Shillong Civil 
Courts and Laws Act, 1947 . 
(2) It shall come into force on such date as the Provin­
cial Government may, by notification in the official 
Gazette, appoint. 
(3) It shall apply to Shillong as defined in this Act. 
2. Ir. this Act, 
(a) "the Governor" means the Governor of Assam. 
(b) "Shillong" means the British portion of the Khasi 
and Jaintia Hills Distri ct other than that declared to be a 
Partially Excluded Area under th~ Government of India 
\Exduded and Partially Excluded Areas) Order, 1936. 
Efxtentsi'?n 3. (1) Notwithstanding any provision now in force in, 
o cer am 1 Sh"ll . d . R 1 . A enactments. or app y1ng to, t ong contame in any egu at10n, ct 
Repeal. 
or Rules enacted by any authority or in any rule, notifica­
tion or order framed or issued by any authority under any 
such Regulation, Act or Rules, the enactments specified in 
the First Schedule to this Act are hereby extended to, and 
shall be in force in, Shillong. 
(2) The Provincial Government may, from time to 
time, by notification in the official Gazette, declare that 
any other enactment or enactments shall be in force in 
Shillong from such date as may be specified in such 
notification. 
4. The Acts , Rules and Notifications mentioned in the 
first column of the Second Schedule to this Act are hereby 
repealed to the extent specified in the second column 
thereof. 
P rice 1 anna or ld . · ... 
2 
Shillong to 5. ShiIIong shall be deemed to be a "District" within 
be a District, the meaning of clause (4) of section 2 of the Code of Civi! 
Continuity 
of procee­
dings. 
Year 
1872 
1872. 
1877 
1882 
1887 
1887 
1 87 
1908 
1908 
Procedure, 1908 ; and the District Judge of the Assam 
Valley Districts shall be deemed to be the principal Civil 
Court of original jurisdiction in the aforesaid District for the 
purposes of all Acts, Regulations, Ordinances, Rules or 
Orders by whatever ·authority enacted which are, for the 
Act V of 
1908. 
time being, in force in Shillong. 
6. (a) Every suit, appeal, application for revision, 
proceeding or other business, pending on the date on which 
this Act comes into force before the Court of the Deputy 
Commissioner or the Additional Deputy Commissioner of 
the Khasi a,nd Jaintia Hills District, or of any Assistant to 
the Deputy Commissioner as aforesaid, or the Commis­
sioner of Divisions or the Governor shall, on the aforesaid 
date, be transferred or deemed to have been transferred for 
disposal to the Court which would have been competent to 
entertain and dispose of such suit, appeal, application for 
revision, proceeding or business, had this Act been in force 
on the <;late of the institution or commencement of the same; · 
and the latter Court shall deal with and dispose of the same 
in accordance with law. 
(b) Any applicatio~ for i:ehearing, review, execution, 
amendment of decree or the like and any other petition in 
respect of a disposed of suit, appeal ·or other judicial pro­
ceeding which could have been filed in the Court of the said 
Deputy or Additional Deputy Commissioner, or of any 
Assistant to the Deputy Commissioner, or of the Commis· 
sioner or of the Governor but for the passing of this Act 
shall be filed in the Court to which such suit, appeal or 
other judicial proceeding would be deemed to have been 
transferred if it had been pending on the date this Act 
comes into force. 
Numher 
Act I 
Act IX 
Act I 
Act IV 
Act VII 
Act IX ... 
Act XII 
Act V 
Act IX 
FIRST SCHEDULE 
(See section 3) 
(Acts extended to Shillong) 
Short title 
The Indian Evidence Act. 
The Indian Contract Act. 
The Specific Relief Act. 
The Transfer of Property Act. 
The Suits Valuation Act. 
The Provincial Small Cause Courts Act. 
The Bengal, Agra and Assam Civil Courts 
Act. 
The Code of Civil Procedure. 
The Indian Limitation Act. 
0 
0 
3 
SECOND SCHEDULE 
(See section 4) 
(Acts, rules and notifications repealed in Shillong) 
Title or Description . 
The Assam General Clauses Act II 
of 1915. 
The Shillong (Attachment of Salaries) 
Act VIII of 1943. 
Rules for the Administration of Justice 
and Police in the Khasi and 
Jaintia Hills prescribed by the 
Governor of Assam by Notificat.fon 
No. 2618-A.P., dated the 29th 
March, 1937. 
Notification No.81-:T ., dated the 19th 
November, 1884, issued by the 
Chief Commission .er of Assam, 
barring the application of the 
Transfer of Property Act , 1882, to 
the Khasi and Jaintia Hills 
Distrir.t, and the Garo Hills 
District. 
Notification No .502-F., dated the 
19th February 1908, issued by the 
Chief Commissioner of Assam, 
barring the appli cation of the 
lrtdian Stamp Act, 1899, to the _ 
Khasi and Jaintia Hills District, 
etc. 
Notification No.5868-A .P., dated the 
8th September 1934, by the 
Governor of Assam, barring the 
applica~ipn of the Indian Limita­
tion Act, 1908, to the Khasi and 
Jaintia Hills District. 
A. G, P. (Leg .) Ne. 8-750+2~-17-S-1947. 
Extent of repeal 
Section 14 so far as it applies to 
Shillong. 
The whole Act. 
Rules 25 to 41 (both inclusive) so far 
only as they apply to Shillong : 
Provided that all orders and decisions 
passed or made under or in pur­
suance of the aforesaid Rules shall 
be deemed to have been passed or 
made under or in pursuance of the 
corresponding provisions of the 
Acts which hereby are extended to 
and are in force in Shillong. 
So far only as it applies to Shillong. · 
So far only as it applies to Shillong. 
So far only as it applies to Shillong. 

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