No: 18 Dated: Dec, 23 1976

THE MEGHALAYA ADMINISTRATIVE OF JUSTICE (AMENDMENT) ACT, 1976

MEGHALAYA ACT 18 OF 1976

      An Act further to amend the Rules for the Administration of Justice and Police in the Khasi Hills District and Jaintia Hills District and in the Garo Hills District (hereinafter referred to as the principal Rules), and the Khasi Syiemship (Administration of Justice) Order, 1950 (hereinafter referred to as the principal Order)

Be it enacted by the Legislature of Meghalaya in the Twenty-seventh Year of the Republic of India as follows:-

1. Short title and extent:- (1) This Act may be called the Meghalaya Administration of Justice (Amendment) Act, 1976.

(2) It shall have the like extent as the principal rules and Order.

2. Amendments of the principal rules and Order:- The Rules and Order herein below mentioned stand amended as follows :-

1. On and from the 22nd day of October, 1976, in the rules for the Administration of Justice and Police in the Garo Hills District published with Notification N.2816-AP, dated the 29th March, 1937, as amended:-

(i) for the words “Garo Hills” wherever they occur, other than in the title of the Rules, the words “East Garo Hills District and West Garo Hills District” shall be substituted ;

(ii) in rule 1, for the words “District known as the Garo Hills” the words “East Garo Hills District and West Garo Hills District” shall be substituted; and

(iii) the word “District” occurring at the end of the title of the Rules shall be omitted.

2. On and form the 28th day of October, 1976,-

(a) In the rules for the Administrative of Justice and Police in the Khasi Hills District and Jaintia Hills District published with Notification No.2618-AP,dated 29th March, 1937, as amended,-

(i) For the words “Khasi Hills District” wherever they occur, other than in the title of the Rules, the words “East Khasi Hills District, West Khasi Hills District ”shall be substituted ; and

(ii) For the words “Khasi Hills District and Jaintia Hills District” occurring in the title of the Rules, the words “Khasi and Jaintia Hills”, shall be substituted.

(b) In the Khasi Syiemships (Administration of Justice) Order, 1950 published with Notification N.SK/140/49/8, dated the 25th January, 1950 as amended,-

(i) for the words “United KhasiJaintia Hills District” wherever occurring in the Order, the words “East Khasi Hills District and West Khasi Hills District” shall be substituted ; and

(ii) in sub-rule (2) of Rule 1 for the words “said District” the words “said East Khasi Hills District” shall be substituted.

3. Construction of references:- In the principal Rules and Order, all references therein to the Code of Criminal Procedure, 1898 or to any of the provisions of the said Code, shall be read as referring tot he Code of Criminal Procedure, 1973 (Act 2 of 1974) or to the corresponding provisions of the Code.

4. Assimilation of laws:- All laws which immediately before the 22nd day of October, 1976 and the 28th day of October, 1976, are in force in the Garo Hills District and the Khasi Hills District respectively, shall continue to be in force in the East and West Garo Hills Districts and in the East and West Khasi Hills Districts, as the case may be :

    Provided that except where the context otherwise requires all references therein to the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner of the Garo Hills District and the Khasi Hills District shall be read, on and from the dates aforesaid, as referring respectively to the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner of the East Garo Hills District, West Garo Hills, District, East Khasi Hills District and West Khasi Hills District.

5. Trial of cases and appeals:- Notwithstanding anything contained in this Act or in any other law for the time being in force the State Government may, by order, for the trial of cases or appeals generally, or for the trial of a particular class of cases or appeals, both Civil and Criminal, relating to any district, direct that the same be tried by the Court of the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner of any other District.

6. Repeal of Ordinance 2 of 1976:- The Meghalaya Administration of Justice (Amendment) Ordinance, 1976 is hereby repealed.

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