The Goa1 Civil Courts Act, 1965

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The Goa1[ ]Civil Courts Act, 1965
(G. D. D. Act No. 16 of 1965) [15th October, 1965]
An
Act
to provide for the constitution and organisation of a District Court
and subordinate Courts in the Union Territory of Goa, Daman and
Diu.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu
in the Sixteenth Year of the Republic of India as follows:—
1. Short title, extent and commencement.— This Act may be
called the Goa 2[ ] Civil Courts Act, 1965.
(2) It extends to the whole of the 3[State of Goa].
(3) It shall come into force on such date as the 4[Government]
may, by notification in the Official Gazette, appoint.
2.Definitions.— In this Act, unless the context otherwise requires:
5[(a) “Government” means the Government of Goa;]
6[(b) “High Court” means the High Court of Bombay at Panaji;]
(c) “Official Gazette” means the Goa 7[ ]
Government Gazette; 8[(d) “State” means the “State
of Goa”]
PART II
District Court
3.District Court.— There shall be a District Court for the 9[each
District of State of Goa], presided over by a Judge to be called the
District Judge and appointed by the 10[Government] but the 11
[Government] may from time to time by notification in the Official
Gazette, alter the limits of the District or create new Districts for the
purposes of this Act, in consultation with the High Court.
4.Situation of District Court.— The District Judge shall ordinarily
hold the District Court 12[at Panaji or Margao] but may, with the
previous sanction of the High Court, hold it elsewhere within the
13[State of Goa].
5.Original jurisdiction of District Court.— The District Court
shall be the principal Court of original civil jurisdiction in the district,
within the meaning of the Code of Civil Procedure, 1908 or any other
law for the time being in force.
6.Appellate jurisdiction of District Court.— Save as otherwise
expressly provided in this Act, the District Court shall be the Court of
Appeal from all decrees and orders passed by the subordinate Courts
from which an appeal lies under any law for the time being in force.
7.Control and inspection of Courts.— (1) Subject to the
provisions contained in the 14[Part IV of the Goa, Daman and Diu
Reorganisation Act, 1987 (Central Act 18 of 1987)] and the rules
made thereunder, the District Judge shall have general control over all
the Civil Courts subordinate to the District Court and their
establishment and it shall be his duty to inspect, or to cause one of his
assistants to inspect, the proceedings of all such Courts. Thereafter the
District Judge or an Additional District Judge may give such direction
with respect to matters not provided for by law as he may think
necessary.
(2) The District Judge shall also refer to the High Court all such
matters as appear to him to require that a rule of that Court should be
made thereon.
8.Writs and Orders.— (1) The District Judge shall obey all writs,
orders or processes issued to him by the High Court and shall make
such returns or reports thereto under his signature and the seal of the
Court as the exigencies of the case require.
(2) He shall further furnish such reports and returns and copies of
proceedings as may be called for by the High Court or the
15[Government].
9. Additional District Judges.— The 16[Government] may appoint one
or more Additional Judges to the District Court who shall be invested
with co-extensive powers and a concurrent jurisdiction with the
District Judge, except that an Additional District Judge shall not keep
a file of civil suits or appeals and shall transact such civil business
only as he may receive from the District Judge, or as may have been
referred to him by order of the High Court.
10 – 14 17[…]
PART III
Civil Judges
15.Number of subordinate Civil Courts.— There shall be so
many Civil Courts subordinate to the District court as the 18
[Government] may, from time to time direct.
16. Appointment of Civil Judges.— The Judges of such
Subordinate Courts shall be appointed by the 19 [Government] and
shall be called Civil Judges.
17.Local limits of jurisdiction of Civil Judges.— The 20
[Government], may by notification in the Official Gazette, fix, and by
a like notification, from time to time, alter the local limits of the
ordinary jurisdiction of the Civil Judges.
18. Situation of subordinate Courts.— (1) The Civil Judges
shall hold their Courts at such place or places as the 21 [Government]
may, from time to time appoint within the local limits of their
respective jurisdictions:
Provided that for special reasons it shall be lawful for the 22
[Government] to order that a Civil Judge shall hold his Court at a
place outside the local limits of his jurisdiction.
(2) Wherever more than one such place is appointed, the District
Judge shall, subject to the control of the High Court, fix the days on
which the Civil Judge shall hold his court at each of such places, and
the Civil Judge shall cause such days to be duly notified throughout
the local limits of his jurisdiction.
(3)The same person may be the Judge of more than one subordinate
Court and may dispose of the Civil business of anyone of his Courts at
the headquarters of any other of his Courts, and in such cases the
District Judge shall, subject to the control of the High Court prescribe
rules for regulating the time during which the Civil Judge shall sit in
each Court.
19.Additional Civil Judges.— (1) For the purposes of assisting the
Judge of any subordinate Court in the disposal of the Civil business on
his file, the 23 [Government] may appoint to such Court one or more
additional Civil Judges. An Additional Civil Judge shall dispose of
such civil business within the limits of his pecuniary Jurisdiction as
may, subject to the control of the District Judge, be referred to him by
the Civil Judge of such Court.
(2) For the purpose of this section the provisions of this Act
applicable to Civil Judges shall be, applicable to additional Civil
Judges.
20. Classes of Civil Judges and their jurisdiction.— (1) The
Civil Judges shall be of two classes, namely Senior Civil Judges and
Junior Civil Judges.
(2) The jurisdiction of a Senior Civil Judge extends to all original
suits and proceedings of a Civil nature.
24(3) The jurisdiction of a Junior Civil Judge extends to all original
suits and proceedings of a civil nature wherein the subject matter does
not exceed in amount or value 25[twenty Lakhs rupees].
26[―20A.— Transfer of pending appeals before the High Court.
— All appeals which are valued upto Rupees Twenty lakhs or below
and pending before the High Court immediately before the
commencement of the Goa Civil Courts (Amendment) Act, 2009,
shall, on such commencement stand transferred to the concerned
District Court and such District Court may proceed to deal with such
appeals from the stage which was reached before such transfer or from
any earlier stage or de-novo as such District Court may deem fit:
Provided that this section will not apply to any appeals which are
pending before the High Court and which are statutorily provided
under the relevant Act before the High Court.”.]
21.Local limits of jurisdiction.— (1) The local limits of the
jurisdiction of every Civil Judge Senior or Junior, shall be such as
may from time to time be fixed by the 27 [Government] in consultation
with the High Court by notification in the Official Gazette.
(2) A Senior Civil Judge in addition to his ordinary jurisdiction,
shall have and exercise jurisdiction in respect of such suits and
proceedings of a civil nature as may arise within the local jurisdiction
of such Courts presided over by a Junior Civil Judge as may be
specified by the 17[Government] in consultation with the High Court
by notification in the Official Gazette, and wherein the subject matter
exceeds the pecuniary jurisdiction of the Junior Civil Judge as defined
in the preceding section.
22. Appeals from his decision.— In all suits decided by a Civil
Judge of which the amount or value of the subject matter exceeds
28[twenty Lakhs] the appeal from his decision shall be direct to the
High Court.
23. Appellate jurisdiction of Civil Judge.— (1) The 29
[Government] may invest any Senior Civil Judge with power to hear
appeals from such decrees and orders of a Junior Civil Judge as may
be referred to him by the District Judge.
(2) Decrees and orders so passed in appeal by Senior Civil Judge,
shall have the same force as if passed by a District Judge.
(3) A Senior Civil Judge, on whom the power of hearing appeals has
once been conferred under this section shall continue to have this
power so long and so often as he may fill the office of Senior Civil
Judge, without reference to the place in which he may be employed:
Provided that the 19[Government] may by notification in the Official
Gazette at any time withdraw such power.
24.30[…]
25.Power to invest Civil Judges with jurisdiction under special
law.— (1) The 31 [Government] may by general or special order invest
any Civil Judge within such local limits and subject to such pecuniary
limitation as may be prescribed in such order, with all or any of the
powers of a District Judge or a District Court as the case may be under
any special law.
Every order made by a Civil Judge by virtue of the powers
conferred upon him under sub-section (1) shall be subject to appeal to
the High Court or the District Court according as the amount or value
of the subject matter exceeds or does not exceed ten thousand rupees.
(3) Every order of the District Judge passed on appeal under sub-
section (2) from the order of a Civil Judge shall be subject to an
appeal to the High Court under the rules contained in the Code of
Civil Procedure applicable to appeals from appellate decrees.
PART IV
Miscellaneous
26. Suits in which the Government is a party .— (1) No Court
other than the 32[“District Court”] shall receive or register any suit in
which the Central Government or the 33[Government of the
Government of Goa] or any officer of Government in his official
capacity, is a party:
Provided that the 34 [Government] may by general or special order
notified in the Official Gazette, direct that the provisions of this
section shall not apply to any suit or class or category of suits of the
nature referred to therein.
(2) Nothing in this section shall be deemed to apply to a suit
against the administration of a Government Railway.
35[26A.— Transfer of pending suits and bar on the jurisdiction.
— All suits received or registered under section 26 and pending
before any Court of a Senior Civil Judge immediately before the
commencement of the Goa Civil Courts (Amendment) Act, 2004,
shall, on such commencement, stand transferred to the District Court
of the concerned district and such District Court may proceed to deal
with such suit from the stage which was reached before such transfer
or from any earlier stage or de novo, as such District Court may deem
fit and no Court of any Senior Civil Judge shall entertain, try, dispose
off or proceed to hear any matter where the Central Government or the
Government of Goa or any officer of the Government in his official
capacity, is a party to the proceedings.]
36[26B. Appeals.— Notwithstanding anything contained in section 6,—
(a)an appeal shall lie to the High Court having jurisdiction over
the State of Goa, from all decrees made by any Court of a Senior
Civil Judge before the commencement of the Goa Civil Courts
(Amendment) Act, 2004 (Act 5 of 2004), in any suit where the
Central Government or the Government of Goa or any officer of the
Government in his official capacity, is a party to the proceedings;
(b)all appeals from any decree made by any Court of a Senior
Civil Judge in any suit where the Central Government or the
Government of Goa or any officer of the Government in his official
capacity, is a party to the proceedings, pending before any District
Court as on the date of commencement of the Goa Civil Courts
(Amendment) Act, 2004 (Act 5 of 2004), shall stand transferred to
the High Court having jurisdiction over the State of Goa.].
27. Seal.— (1) The District Judge shall use a circular seal, in
050.8 metres in diameter, which bear thereon the Ashoka Capital
Motif with the following inscription in Hindi and English —
37[“District Court of ………………...”]
(2) Every additional District Judge 38[…] shall use the seal of the
District Judge.
(3) Each Civil Judge shall use a circular seal one inch and a half
in diameter, bearing the Ashoka Capital Motif with the following
inscription in English and in Hindi —
“Civil Judge of ……”
28. Temporary vacancy of Judges.— (1) In the event of the District
Judge being prevented from performing his duties by illness or other
casualty, or of his absence from his district on leave, or of death, the
Senior most Additional District Judge if any or in his absence 39[…],
the Senior most Civil Judge shall assume charge of the District Court
without interruption to his ordinary jurisdiction, and while so in
charge shall perform the duties of a District Judge with respect to the
filing of suits and appeals, receiving pleadings, execution of
processes, return of writs and the like and shall be designated
Additional District Judge 40[…] or Civil Judge as the case may be, in
charge of the district and shall continue in such charge until the office
of District Judge may be resumed or assumed by an officer duly
appointed thereto.
(2) In the event of the death, suspension or temporary absence of
any Civil Judge, the District Judge may empower the Judge of any
other subordinate Court to perform the duties of the Judge of the
vacated subordinate Court, either at the place of such Court or of his
own Court; but in every such case the registers and records of the two
Courts shall be kept distinct.
29. Delegation of powers of District Judge.— Any District
Judge leaving the station and proceeding on duty to any place within
his district may delegate to an Additional District Judge, if any, 41[or
in absence of Additional District Judge to a Senior Civil Judge] to a
Civil Judge at the station, the power of performing such of the duties
enumerated in the preceding section as may be emergent; and such
officer shall be designated Additional District Judge, 42[…] or Civil
Judge, as the case may be, in charge of the station.
30. Ministerial Officers.— (1) The duties and designations of the
ministerial officers of the Civil Courts shall be regulated by such rules
as the High Court may from time to time prescribe.
(2) There may be appointed to any Civil Court under this Act a
clerk of the Court, who in addition to such duties as may from time to
time be prescribed by the High Court may receive and register plaints,
and shall refer such as he may consider should be refused for the
orders of the Judge of the Court, and may sign all processes, and
authenticate copies of papers.
31. Rules for keeping proceedings.— The proceedings of each
Civil Court shall be kept and recorded according to such rules as the
High Court may from time to time prescribe. The High Court shall
also lay down rules under which copies of papers may be granted.
32. Petition writers.— (1) The High Court may, from time to time
make rules consistent with this Act and any other enactment for the
time being in force: —
(a) declaring what persons shall be permitted to act as petition-
writers in the Courts subordinate to it;
(b) regulating the issue of licenses to such persons, the conduct of
business by them, and the scale of fees to be charged by them; and
(c) providing a penalty of fine not exceeding fifty rupees for the
breach of any of the rules so made and determining the authority by
which such breaches of the rules shall be investigated, the penalties
imposed, and the procedure to be followed by such authority.
(2) Every fine imposed under clause (c) of sub-section (1) shall be
recoverable as if it were a fine imposed by a Magistrate in the
exercise of his ordinary jurisdiction.
33. Sittings of Courts.— The District and Subordinate Courts
shall sit from day to day except on closed holidays notified by the
High Court. 43[...]
34.Repeal and Savings.— (1) As from the commencement of this
Act, any law in force in the Union Territory making provisions for the
constitution and organisation of Civil Courts, or any part of such law,
shall stand repealed.
(2) Notwithstanding anything contained in the foregoing provisions:—
(a) the constitution and organisation of Courts under this Act
shall not prejudicially affect the continued operation of any notice
served, injunction issued, direction made or proceedings taken
before the commencement of this Act by any court under the powers
conferred upon it by any law for the time being in force;
(b)every proceedings pending before a Court of Comarca
immediately before the commencement of this Act shall, on such
commencement, stand transferred to the corresponding court of
Senior Civil Judge;
(c)every proceeding pending before any Court, of Julgado
immediately before the commencement of this Act shall, on such
commencement, stand transferred to the corresponding court of
Junior Civil Judge; and
(d) every decree or order made or sentence passed by a Court of
Comarca or a Court of Julgado shall be deemed for the purpose of
execution to have been made or passed by the corresponding court
of Senior Civil Judge or Junior Civil Judge, as the case may be.
Explanation:— In this section the expression “corresponding
courts” means the court specified as such by order of the
Administrator published in the Official Gazette.
35. Rule of construction.— Any reference in any law in force in
the 44[State of Goa] to the Court of Comarca or to the Court of Julgado
or to the Judge thereof, shall be construed as a reference respectively
to the Court of Senior Civil Judge and the Court of Junior Civil Judge,
or to the Judge thereto.
36. Removal of difficulties.— If any difficulty arises in giving
effect to the provisions of this Act, the 45[Government] in consultation
with the High Court may, by order, published in the Official Gazette,
make such provisions or give such directions (not inconsistent with
the provisions of this Act) as may appear 46[to the Government] to be
necessary for the removal of the difficulty.
Secretariat, P. B. VENKATASUBRAMANIAN,
Panjim, Secretary to the Government of Goa,
October 25, 1965. Daman and Diu.
(Published in the Government Gazette, Series I No. 31 dated 28-10-1965).
1 The words “, Daman and Diu” deleted by the Amendment Act, 2009
2 The words “, Daman and Diu” deleted by the Amendment Act, 2009
3 Substituted for the words “the Union Territory of Goa, Daman and Diu” by
Amendment Act 2009
4 Substituted for the word “Administrator” by Amendment Act, 2009.
5 Substituted by the Amendment Act, 2009.
6 Substituted by the Amendment Act, 2009.
7 The words “, Daman and Diu” deleted by the Amendment Act, 2009.
8 Substituted by the Amendment Act, 2009.
9 Substituted for the words “whole of the Union Territory”, by Amendment Act, 2009.
10 Substituted for the word “Administrator” by Amendment Act, 2009.
11 Substituted for the word “Administrator” by Amendment Act, 2009.
12 Substituted for the words “at Panjim”, by Amendment Act, 2009.
13 Substituted for the words “Union Territory”, by Amendment Act, 2009.
14 Substituted for the expression “Goa, Daman and Diu (Judicial
Commissioner’s Court) Regulation, 1963”, by Amendment Act, 2009.
15 Substituted for the word “Administrator” by Amendment Act, 2009.
16 Substituted for the word “Administrator” by Amendment Act, 2009.
17 Sections 10, 11, 12, 13 and 14 of the principal Act Omitted by the Amendment
Act, 2009.
18 Substituted for the word “Administrator” by Amendment Act, 2009.
19 Substituted for the word “Administrator” by Amendment Act, 2009.
20 Substituted for the word “Administrator” by Amendment Act, 2009.
21 Substituted for the word “Administrator” by Amendment Act, 2009.
22 Substituted for the word “Administrator” by Amendment Act, 2009.
23 Substituted for the word “Administrator” by Amendment Act, 2009.
24 This sub-section has been substituted by Amendment Act, 1987.
25 Substituted for the words “one Lakh rupees”, by Amendment Act, 2009.
26 Section inserted by the Amendment Act, 2009.
27 Substituted for the word “Administrator” by Amendment Act, 2009.
28 Substituted for the words “one Lakh”, by Amendment Act, 2009.
29 Substituted for the word “Administrator” by Amendment Act, 2009.
30 section 24 of the principal Act omitted the by Amendment Act, 2009.
31 Substituted for the word “Administrator” by Amendment Act, 2009.
32 Provisions has been amended twice i.e. by Amendment Act, 1987 and again
by Amendment Act, 2009.
33 Substituted for the expression “Administrator of the Government of Goa,
Daman and Diu”, by Amendment Goa Act 22 of 2009.
34 Substituted for the word “Administrator” by Amendment Act, 2009.
35 Inserted by Goa Act No. 5 of 2004 published in the Official Gazette
(Extraordinary No. 3), Series I No. 50 dated 16 th March, 2004 and came into
force at once.
36 Inserted by Amendment Act 2005.
37 Substituted for the expression “District Court of Goa, Daman and Diu”, by
Amendment Act, 2009.
38 Omitted the words “and Assistant Judge” by Amendment Act, 2009.
39 Omitted the expression “the senior most Assistant Judge if any or” by
Amendment Act, 2009.
40 Omitted the words “Assistant Judge” by Amendment Act, 2009.
41 Substituted for the expression “or the Assistant Judge, or in the absence
of an Assistant Judge”, by Amendment Act, 2009.
42 Omitted the word “Assistant” by Amendment Act, 2009.
43 The words “under section 21 of the Goa, Daman and Diu (Judicial
Commissioner’s Court) Regulation, 1963” have been omitted by Amendment
Act, 1989.
44 Substituted for the words “Union Territory”, by Amendment Act, 2009.
45 Substituted for the word “Administrator”, by Amendment Act, 2009.
46 Substituted for the words “to him”, by Amendment Act, 2009.

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