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SIXTH SCHEDULE - Ministry of Law and Justice

SIXTH SCHEDULE - Ministry of Law and Justice

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248THE CONSTITUTION OF INDIA(c) for clause (c), the following clause had been substituted,namely:—“(c) the transfer <strong>of</strong> appeals <strong>and</strong> other proceedingspending before the Regional or District Council or any courtconstituted by such Council immediately before the dateappointed by the President under sub-paragraph (5);”; <strong>and</strong>(d) in clause (e), for the words, brackets <strong>and</strong> figures “subparagraphs(1) <strong>and</strong> (2)”, the word, brackets <strong>and</strong> figure “subparagraph(1)” had been substituted.5. Conferment <strong>of</strong> powers under the Code <strong>of</strong> Civil Procedure, 1908,<strong>and</strong> the Code <strong>of</strong> Criminal Procedure, 1898 1 , on the Regional <strong>and</strong> DistrictCouncils <strong>and</strong> on certain courts <strong>and</strong> <strong>of</strong>ficers for the trial <strong>of</strong> certain suits,cases <strong>and</strong> <strong>of</strong>fences.—(1) The Governor may, for the trial <strong>of</strong> suits or casesarising out <strong>of</strong> any law in force in any autonomous district or region being a lawspecified in that behalf by the Governor, or for the trial <strong>of</strong> <strong>of</strong>fences punishablewith death, transportation for life, or imprisonment for a term <strong>of</strong> not less thanfive years under the Indian Penal Code or under any other law for the timebeing applicable to such district or region, confer on the District Council or theRegional Council having authority over such district or region or on courtsconstituted by such District Council or on any <strong>of</strong>ficer appointed in that behalfby the Governor, such powers under the Code <strong>of</strong> Civil Procedure, 1908, or, asthe case may be, the Code <strong>of</strong> Criminal Procedure, 1898 1 , as he deemsappropriate, <strong>and</strong> thereupon the said Council, court or <strong>of</strong>ficer shall try the suits,cases or <strong>of</strong>fences in exercise <strong>of</strong> the powers so conferred.(2) The Governor may withdraw or modify any <strong>of</strong> the powers conferredon a District Council, Regional Council, court or <strong>of</strong>ficer under sub-paragraph(1) <strong>of</strong> this paragraph.(3) Save as expressly provided in this paragraph, the Code <strong>of</strong> CivilProcedure, 1908, <strong>and</strong> the Code <strong>of</strong> Criminal Procedure, 1898 1 , shall not apply tothe trial <strong>of</strong> any suits, cases or <strong>of</strong>fences in an autonomous district or in anyautonomous region to which the provisions <strong>of</strong> this paragraph apply.(4) On <strong>and</strong> from the date appointed by the President under subparagraph(5) <strong>of</strong> paragraph 4 in relation to any autonomous district orautonomous region, nothing contained in this paragraph shall, in its applicationto that district or region, be deemed to authorise the Governor to confer on theDistrict Council or Regional Council or on courts constituted by the DistrictCouncil any <strong>of</strong> the powers referred to in sub-paragraph (1) <strong>of</strong> this paragraph.______________________________________________1. See now the Code <strong>of</strong> Criminal Procedure, 1973 (Act 2 <strong>of</strong> 1974).

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