Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965
No: 22 Dated: Sep, 16 1965
THE GOA, DAMAN AND DIU (EXTENSION OF THE CODE OF CIVIL PROCEDURE AND THE ARBITRATION ACT) ACT, 1965
ACT NO. 30 OF 1965
An Act to provide for the extension of the Code of Civil Procedure, 1908, and the Arbitration Act, 1940, to the Union territory of Goa, Daman and Diu and for certain other matters.
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Goa, Daman and Diu” means the Union territory of Goa, Daman and Diu;
(b) “Lieutenant-Governor” means the administrator of Goa, Daman and Diu appointed by the President under article 239 of the Constitution.
3. Extension of Code of Civil Procedure and Arbitration Act, 1940, to Goa, Daman and Diu.—The Code of Civil Procedure, 1908 (5 of 1908), and the Arbitration Act, 1940 (10 of 1940), as in force in the territories to which they generally extend, are hereby extended to, and shall be in force in, Goa, Daman and Diu.
4. Repeal and saving.—(1) So much of any law in force in Goa, Daman and Diu as corresponds to the Code of Civil Procedure, 1908 (5 of 1908), or the Arbitration Act, 1940 (10 of 1940), or any part of the said Code or Act, as the case may be, shall stand repealed as from the coming into force of this Act in Goa, Daman and Diu: Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed:
Provided further that, subject to the preceding proviso, notifications published, declarations and rules made, places appointed, agreements filed, awards made or filed, scales prescribed, forms framed, appointments made and powers conferred under any law so repealed shall, so far as they are consistent with the said Code or, as the case may be, the said Act have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under the said Code or the said Act and by the authority empowered thereby in such behalf.
(2) In every law or notification passed or issued before the commencement of this Act in which reference is made to or to any Chapter or section or provision of any law hereby repealed, such reference shall, so far as may be practicable, be taken to be made to the said Code or, as the case may be, to the said Act or its corresponding Part, Order, section or rule.