State of Gujarat - Act
Ahmedabad City Courts (Amendment) Act, 1980
GUJARAT
India
India
Ahmedabad City Courts (Amendment) Act, 1980
Act 33 of 1980
- Published on 21 November 1980
- Not commenced
- [This is the version of this document from 21 November 1980.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act further to amend the Ahmedabad City Courts Act, 1961.It is hereby enacted in the Thirty-first Year of the Republic of India as follows:-* (Received the assent of the President on 21st November, 1980 and published in the "Gujarat Government Gazette" on the 27th November, 1980)(2)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (a)before clause (1), the following clause shall be inserted, namely:- "(1A) "Amending Act" means the Ahmedabad City Courts (Amendment) Act, 1980 (Guj. 33 of 1980);";(b)for clause (2), the following clause shall be substituted, namely;- "(2) "City of Ahmedabad" means the areas within the limits of the City of Ahmedabad as constituted under the Corporations Act, immediately before the specified date:Provided that as and when the limits of the City of Ahmedabad as constituted under the Corporations Act, are altered under sub-section (2) of section 3 of that Act, by the inclusion therein, or exclusion therefrom, of any area, the State Government may, by a notification in the Official Gazette, alter the limits of the City of Ahmedabad as defined in this clause by including therein, or excluding therefrom, with effect on and from such date as may be specified in such notification, any such area as is so included in, or excluded from, the limits of the City of Ahmedabad as constituted under the Corporations Act,";(c)for clause (4), the following clause shall be substituted, namely:- "(4) "Corporations Act" means the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);";(d)after clause (6), the following clause shall be added, namely;- "(7) "specified date" means the date of the coming into force of the Amending Act.".(a)with effect on and from the specified date, it shall also extend to and come into force in those areas, of the City of Ahmedabad as constituted under the Corporations Act, which, were included in the said City under the said Act, after the appointed day, but before the specified date. (b)with effect on and from the date of inclusion in, or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2, of any area, by a notification issued under the proviso to that clause, it shall also extend to and come into force in the area so included in the said City, or, as the case may be, cease to extend to and be in force in the area so excluded from the said City, by such notification: Provided further that the provisions of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall, save as otherwise expressly provided in this Act, apply to such cesser in any area as aforesaid as if it were a repeal of an enactment.".(a)with effect on and from the specified date cease to apply to or be in force in those areas of the City of Ahmedabad as constituted under the Corporations Act which were included therein under the said Act, after the appointed day, but before the specified date; (b)with effect on and from the date of inclusion in, or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2 of any area by notification issued under the proviso to that clause, cease to apply to or be in force in the areas so included in the said City, or apply to or be in force in the areas so excluded from the said City, by such notification; Provided further that the provisions of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall save as otherwise expressly provided in this Act, apply to such cesser in any area as aforesaid as if it were a repeal of an enactment.".(1)in the entries relating to the amendments to the Presidency Small Cause Courts Act, 1882 (Act XV of 1882) in its application to the City of Ahmedabad-(a)for entry 1, the following shall be substituted, namely:- "1. After section 1, the following section shall be inserted, namely:-"1A. Extent and commencement in the City of Ahmedabad.- This Act shall extend to, and come into force in the City of Ahmedabad on the date on which the Ahmedabad City Courts Act, 1961 (Guj. XIX of 1961) comes into force:Provided that-(a)with effect on and from the date of the commencement of the Ahmedabad City Courts (Amendment) Act, 1980 (Guj. 33 of 1980) it shall also extend to and come into force in those areas of the City of Ahmedabad as constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) which were included in the said City under the latter Act after the appointed day, but before the date of the commencement of the former Act, (b)with effect on and from the date of inclusion of or exclusion from, the City of Ahmedabad as defined in clause (2) of section 2 of the Ahmedabad City Courts Act, 1961 (Guj. XIX of 1961) of any area by a notification issued under that clause, it shall also extend to and come into force in the area included in the said City, or as the case may be, cease to extend to and be in force in the area excluded from the said City by such notification: Provided further that the provisions of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall, save as otherwise expressly provided in the Ahmedabad City Courts Act, 1961 (Guj. XIX of 1961), apply to such cesser in any area as aforesaid as if it were repeal of an enactment.";(b)in entry 2 relating to section 4, clause (2) shall be deleted; (2)the heading "Amendment to the Code of Criminal Procedure, 1898 in its application to the City of Ahmedabad", and the entry thereunder shall be deleted. (2)All suits and proceedings cognizable by the Small Cause Court which may be pending immediately before the specified date or, as the case may be, the date of inclusion, in the Court of a Civil Judge shall stand transferred to the Small Cause Court. (3)An appeal or revision application against any judgment, decision, decree or order passed before the specified date or as the case may be, the date of inclusion by a Civil Court in the exercise of jurisdiction over any area within the limits of the City of Ahmedabad as defined in clause (2) of section 2 as amended by the Amending Act shall-(i)if it was pending immediately before the specified date or, as the case may be, the date of inclusion in any District Court or Court of any Civil Judge, other than City Court, stand transferred to the City Court, and (ii)if before the specified date or, as the case may be, the date of inclusion it has not been preferred within the period of limitation to a competent Court, lie within that period to the City Court. (4)A proceeding, appeal or revision application transferred to any court Tinder the foregoing provisions of this section shall be disposed of by such Court, as if it were the Court from which such proceeding, appeal or revision application was so transferred. (2)A proceeding, appeal or revision application transferred to any Court under the foregoing provisions of this section shall be disposed of by such Court, as if it were the court from which such proceeding, or appeal or revision application was so transferred.