Bengal, Agra and Assam Civil Court (Amendment) Act, 1996

No: 24 Dated: Nov, 13 1997

THE BENGAL, AGRA AND ASSAM CIVIL COURTS ( SECOND ASSAM AMENDMENT ) ACT, 1996

ASSAM ACT NO. XXIV OF 1997

    An Act further to amend the Bengal, Agra and Assam Civil Courts Act, 1887 in its application to the State of Assam.

    Preamble;- Whereas it is expedient further to amend the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter referred to as the principal Act, in its application to the State of Assam, in the manner hereinafter appearing;

    It is hereby enacted in the Forty-seventh Year of the Republic of India as follows:- 

1. Short Title, Extent and Commencement:- (1) This Act may be called the Bengal, Agra and Assam Civil Courts (Second Assam Amendment) Act, 1996.

(2) It shall extend to the whole of Assam.

(3) It shall come into force at once.

2. Insertion of new section 21A:- In the principal Act, after section 21, the following shall be inserted as section 21 A, namely:-

21 A "Power to Transfer pending appeals to District Judge:-An appeal from a decree or order of an Assistant District Judge, where the value of the original suit in which or any proceeding arising out of which decree or order was made exceeds twenty thousand rupees but does not exceed fifty thousand rupees instituted in the High Court before the date of commencement of the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992 and pending in the High Court immediately before the said date, shall stand transferred to District Judge having jurisdiction who shall decide the appeal according to law or assign it to any Additional District Judge.

3. Amendment of section 5 of the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992:- In the the Bengal, Agra and Assam Civil Courts (Assam Amendment) Act, 1992, in section 5, for the words, "prior to the commencement of this Act, "the words", "save and except the appeals instituted to High Court against the decree or order of an Assistant District Judge under clause (b) of sub section (1) of section 21," shall be substituted.