The Assam Administration of Justice in the Karbi Anglong District Act, 2009

Registered No. 768/97
THE ASSAM GAZETTE
EXTRAORDINARY
w r emNu
PUBLISHED BY THE AUTHORITY
T° 341 29 2009, 7 1931 (’ TT)
No. 341 Dispur, Thursday, 29th October, 2009, 7th Kartika, 1931 (S.E.) 
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH
NOTIFICATION
The 29th October, 2009
No.LGL.88/2008/5 The following Act of the Assam Legislative Assembly which received 
the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XXVII OF 2009
(Received the assent of the Governor on 27th October, 2009)
THE ASSAM ADMINISTRATION OF JUSTICE  
INTHEKARBI ANGLONG DISTRICT  
ACT, 2009

1644 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009
AN
ACT
for the Administration of Justice -  both Civil and Criminal in the Karbi-Anglong 
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.
(3) It shall come into force at once.
Preamble Whereas it is expedient to provide for the 
administration of Justice both -  Civil and Criminal in the 
Karbi-Anglong 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 
therewith 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 to the Constitution of India and to set 
up regular Civil and Criminal Courts for discharge of 
Judicial functions. The Karbi-Anglong Areas being the 
Tribal areas contemplated under Article -  244 of the 
Constitution is covered by the Sixth Schedule to 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) This Act may be called the Assam Administration of 
Justice in the Karbi-Anglong District Act, 2009.
(2) It extends to the whole of the Karbi-Anglong District 
in the State of Assam.

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009 1645
Application 
of the provisions 
of the Code of 
Civil Procedure, 
1908 and the 
Code of Criminal 
Procedure, 
1973, in the 
District of 
Karbi-Anglong.
.  (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
Central Act
No.5 of 1908
Central Act
No. 2 of 1974
and the Criminal Procedure Code, 1973 
shall apply in the whole of the Karbi Anglong 
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 
Karbi-Anglong 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.
Repeal and 
saving
(1) The provisions of the Rules for the Administration 
of Justice and police in the Sibsagar, Nowgaong and Mikir 
Hills Tracts 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, 
insofar 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
Centra! Act
No.5 of 1908
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.
Central Act
No.2 of 1974

1646 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 29, 2009
(iii) (a) In the trial of suits and cases arising out of any law in 
force in the Karbi-Anglong District, the Civil Courts of 
competent Jurisdiction shall be governed by the 
provisions of the Code of Civil Procedure, 1908 as 
amended.
(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.
GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21 
(Ex-Gazette) No. 681/09-500+600-29-10-2009.

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