High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981
No: 26 Dated: Sep, 09 1981
THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981
ACT NO. 26 OF 1981
An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, for the establishment of a permanent bench of that High Court at Panaji and for matters connected therewith.
BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981.
(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) “appointed day” means the date on which this Act comes into force;
(b) “Court of the Judicial Commissioner” means the Court of the Judicial Commissioner for Goa, Daman and Diu.
3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.—(1) On and from the appointed day, the jurisdiction of the High Court at Bombay shall extend to the Union territory of Goa, Daman and Diu.
(2) On and from the appointed day, the Court of the Judicial Commissioner shall cease to function and is hereby abolished:
Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon that Court.
4. Jurisdiction of Bombay High Court.—On and from the appointed day, the High Court at Bombay shall have, in respect of the territories included in the Union territory of Goa, Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the Court of the Judicial Commissioner.
5. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu.—The provisions of Chapter VI of Part VI of the Constitution shall apply to the High Court at Bombay in relation to the exercise of its jurisdiction to the Union territory of Goa, Daman and Diu, subject to the following exceptions and modifications, namely:—
(a) the references in the said Chapter to “State” except where it occurs in the expression “Governor of the State” shall be construed as references to the Union territory of Goa, Daman and Diu;
(b) in clause (1) of article 233 and in article 234, the references to the Governor of the State, and in article 237, the reference to the Governor, shall be construed as references to the Administrator of the Union territory of Goa, Daman and Diu;
(c) the provisions of article 233A shall not apply;
(d) in article 234, the reference to the State Public Service Commission shall be construed as a reference to the Union Public Service Commission.