Regulations under article 240, 2010

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met Tio 3% ~~~)04/0007/2003---l0 REGISTERED NO. DL-(N)OJ10007/2003-10

ORD DIN AIRY

PUBLISHED BY AUTHORITY

No. 71 NEW DELHI, TUESDAY, MARCH 23,2010 1 CHAITRA 2,1932 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the 23rd March, 20101Chaitra 2,1932 (Saka) THE DAMAN AND Dm CIVIL COURTS (AMENDMENT)

REGULATION, 20 10

No. I OF 2010 Promulgated by the President in the Sixty-first Year of the Republic of India. A Regulation hrther to amend the Goa, Daman and Diu Civil Courts Act, 1965 as in. , force in the Union territory of Daman and Diu.

In exercise ofthe powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by her:- 1, (I) This Regulation may be called the Daman and Diu Civil Courts (Amendment) Short title and Regulation, 201 0. commencemenl

(2) It shall come into force at once.

16 of 1965. 2,lu the Goa, Daman and DiuCivil Courts Act, 1965, as-in force in the union territory *?endmen1 of of Daman and Diu, (hereinafterreferred tq as the principal Act), 'in section 2, afier c!ause . (4, . the fol!owing proviso shai! be inserted, namely:-- 'Prov:ded that, on and from the c3mAencement of the Daman and Diu Civil Co~r t s (Ainrsndment) Regulation, 2310, the provisions of clauses (a), (c) and (4, in re!2.tionto Daman and Diu, shal! have effect as if f ~ r the words "Goa, Daman and Diu", the words "Damar? and Diu" had been substit~ited.'.

Amendment of section 4.

Amendment of section 7.

Insertion of new' section 14A.

Sections 10, 11, 12, 13 and 14 not to apply to Daman and Diu.

, Amendment of section 20.

3. In section 4 ofthe principal Act, the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this section shall have effect in relation to Daman and Diu as if for the word "Panjim", the words "Daman and Diu" had been substituted.'.

4. In section 7 of the principal Act, in sub-section (I), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulatior., 20 10, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words, "The District Judge shall have general control", the words "Subject to the control of the High Court, the District Judge shall have general control" had been substituted.'.

5. After section 14 ofthe principal Act, the following section shall be inserted, namely:- "14A. Nothing contained in sections 10, 1 1, 12, 13 and 14 shall, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 20 10, apply to Daman and Diu.".

6. In section 20 of the principal Act,-

(i) in sub-sectian (I), the following proviso shall be inserted, namely:- 'Provided that, on and fiom the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judges and Junior Civil Judges", the words and brackets "Civil Judges (Senior Division) and Civil Judges (Junior Division)" had been substituted.';

(ii) in sub-section (2), the following proviso shall be inserted, namely:- cn---.:> rruv~ued that, on arid fioiii iiie coiiiiiieiiceiiieiii of ihe Daiiiaii and Diil Civil Courts (Amendment) Regulation, 2010, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge", the words and brackets "Civil Judge (Senior Division)'' had been substituted.';

(iiz] in sub-section (3), after the proviso, the following proviso shall be inserted, namely:- "Provided further that nothing contained in sub-section (3), on and from the commencement ofthe Daman and Diu Civil Courts (Amendment) Regulation, 20 10, shall apply to Daman and Diu.";

(iv) after sub-section (3), the following sub-section shall be inserted, namely:- "(4) On and fiom thc commencement of the Damari and Diu Civil Courts (Amendment) Regulation, 201 0, the jurisdiction of a Civil Judge (Junior Division), in relation to Daman and !Xu, extends to all original suits and proceedings of a civil nature wherein the subject matter does not exceed in amount or value one lakh rupees.".

Amendment 7. In section 21 of the principal Act,- of sectlon 2 1 ( i ) in sub-section (I), the i*~llowing proviso shall be inserted, :lamely:- Civil C o ~ f i 3 (Amelldll le~~~\ Regulation, 2010, the provisions of this sub-section, SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3 in relation to Daman and Diu, shall have effect as if for the words "Senior or Junior", the words "Senior Division or Junior Division" had been substituted.';

(ii) ip sub-section (2), the following proviso shall be inserted, namely:- 'Provided that, on and from'the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 20 10, the provisions of this sub-section, . . in relation to Daman and Diu, shall have effect as if- .

(a) for the words "Senior Civil Judge", the words and brackets "Civil Judge (Senior Division)" had been substituted;

(b) for the words "Junior Civil Judge", occurring at both the places, the words and brackets "Civil Judge (Junior Division)" had been substituted.'.

8. In section 22 of the principal Act, the following proviso shall be inserted, Amendment name1y:- of section 22.

'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 20 10, the provisions of this section, in relation to Daman and Diu, shall have effect as if for the words "twenty-five thousand rupees", the words "one lakh rupees" had been substituted.'.

9. In section 23 of the principal Act,- Amendment of section 23.

( i ) in sub-section (I), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 20 10, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge" and "Junior Civil Judge", the words and brackets "Civil Judge (Senior Division)" and "Civil Judge (Junior Division)" had respectively been substituted.';

(ii) in sub-section (2), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 201 0, the provisions ofthis sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge", the words and brackets "Civil Judge (Senior Division)" had been substituted.':

(iii) in sub-section (3), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 20 10, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge", at both the places where they occur, the words and brackets "Civil Judge (Senior Division)" had been substituted.'.

10. In section 24 of the principal Act,- Amendment of section 24

(i) in sub-section (I), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencemeni of the Daman and Diu Civil Courts (Amendment) Regulation, 201 0, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge one thousand and five hundred rupees and in the case of Junior Civil Judge fide hundred rupeesw, the words and brackets "Civil Judge (senior Division) thousand five hundred rupees" had been substituted.';

( i i ) in sub-section (2), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions ofthis sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge" and "Junior Civil Judge", occurring at both the places, the words and brackets "Civil Judge (Senior Division)" and "Civil Judge (Junior Division)" had respectively been substituted.'.

Amendment 11. In section 25 ofthe pr incipi l~ct , after sub-section (2), the following proviso shall of section 25 . be inserted, namely:- 'Provided that, on and fiom the commencement of the Daman and Diu Civil Courts (Amendment) Reguldion, 2010, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "ten thousand &pees", the words "one lakh rupees" had been substituted.'.

Amendment 12. In section 26 ofthe principal Act, after the proviso, the following proviso shall be of section 26. inserted, namely:- 'Provided further that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge", the words and brackets "Civil Judge (Senior Division)" had been substituted.'. Amendment 13. In section 27 ofthe principal Act, after sub-section (2), the following proviso shall Of 27. be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if for the words "District Judge and Assistant Judge", the words "District Judge" had been substituted.'.

Amendment 14. In section 28 ofthe principal Act, in sub-section ( I ) , the following proviso shall be Of sect'on 28. inserted, namely:- 'Provided that, on and fiom the commencement of the Daman and Diu Civil Coilrts (Amendment) Reguiation, 201 0, the provisions of this sub-section, in relation to Daman and Diu, shall have effect as if-

(a) for the words "the Senior-most Assistant Judge if any or the Senior-most Civil Judge", the words "Senior-most Civil Judge" had been substituted;

(b ) for the words "Assistant Judge or Civil Judge", the words "Civil Judge" had been substituted.'.

Amendment 15. Section 29 of the principal Act, the following proviso shall be inserted, of section 29. namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions ofthis section, in relation to the Daman and Diu, shall have effect as if-

(a) for the words "the'Assistant Judge, or ir, the absence of an Assistant Judge to a Civi! Judge", the words "to a Civil Judge" had been substituted;

(b) for the words "Assistant or Civil Judge"+ the words "Civil Judge" bad been subsrituted.'.

I

SEC. 11 THE GAZETTE OF INDJA EXTRAORDINARY 5

16. In section 3 3 of the principal Act, the following proviso shall be inserted, Amendment namely:- of sectton 33 .

Reg. .10 of '.Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this section, in relation to Daman and Diu, shall have effect as if for the words, figures and brackets "notified by the High Court under section 21 ofthe Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963", the \vords "notified by the High Court" had been substituted.'.

17. In section 34 of the principal Act, in sub-section (2),- Amendment of section 34.

'(i) in clause (b), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this clause, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge", the words and brackets "Civil Judge (Senior Division)" had been substituted;';

(ii) in clause (c), the following proviso shall be inserted, namely:- 'Provided that, on and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this clause, in relation to Daman and Diu, shall have effect as if for the words "Junior Civil Judge", the words and brackets "Civil Judge (Junior Division)" had been substituted;';

(iii) in clause (4, the following proviso shall be inserted, namely:- 'Provided that, on and fromthe commencement of the Daman and Diu civil Courts (Amendment) Regulation, 2010, the provisions of this clause, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge or Junior Civil Judge",. the words "Civil Judge (Senior Division) or Civil Judge (Junior Division)" had been substituted.'.

18. In section 35 of the principal Act, the following proviso shall be inserted, Amendment namely:- of section 35.

'Provided that, o n and from the commencement of the Daman and Diu Civil Courts (Amendment) Regulation, 2010, the provisions of this section, in relation to Daman and Diu, shall have effect as if for the words "Senior Civil Judge and the court of Junior Civil Judge", the words and brackets "Civil Judge (Senior Division) and the court of Civil Judge (Junior Divisibn)" had been substituted.'.

PRA'FIBHA DEVISINGH PATIL,

President.

Secy, to the Govt. of India.

PRIKTED BY TI-IE GENERAL MANAGER, GOVT. OF INDIA PRESS, ?+iM.TO RGAU, NEW DELI41 AND '