Administration of Justice in Karbi Anglong Bill 2009

The Assam Administration of Justice in the Karbi Anglong District Bill, 2009
A Bill
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.

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 trial 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 the 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 the 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, the 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 Karbi Anglong District in the State of Assam.
(3) It shall come into force immediately.

Application of the provisions of the of the
Code of Civil Procedure, 1908 and the
Code of Criminal Procedure, 1973, in the
District of Karbi Anglong. 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 as amended and the
Criminal Procedure Code, 1973 as amended shall apply Central Act No.5 of 1908
in the whole of the Karbi Anglong District for the Central Act No. 2 of 1973
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 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 3. (1) The provisions of the Rules for 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
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.
(3) 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 Central Act No. 5 of 1908
Civil and Criminal Courts of the appropriate jurisdiction to be Central Act No. 2 of 1973
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 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 Penal 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.

Statement of Object and Reasons

In the Karbi Anglong District, Judicial functions are still being administered by executives namely Deputy Commissioner or his assistants. However, the Constitution of India provides for separation of Judiciary from Executives. That apart, the Hon’ble Supreme Court issued directives to bring separation of Judiciary, interalia, in the Karbi Anglong District. Situated thus, it has been considered necessary to enact a legislation providing for setting up of regular Civil and Criminal Courts in the Karbi Anglong District for discharge of Judicial functions.
Karbi Anglong Areas being Tribal Areas is covered by the Sixth Schedule to the Constitution of India. Therefore, the proposed regular Courts can only be made functional within the scope and ambit of the Sixth Schedule to the Constitution more particularly subject to provisions of Para-4 and 5 of the Sixth Schedule to the Constitution of India.
Hence, the instant Bill namely “The Administration of Justice in the Karbi Anglong District Bill, 2009”.

(P Gogoi)
Minister, Law, Assam

(SP Das)
Secretary,
Assam Legislative Assembly.s

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