The North-Eastern Areas (Reorganisation) Act, 1971
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 21 Amendment of Second Schedule to Act 43 of 1950.
(1) In the Second Schedule to the Representation of the People Act, 1950,—
(i) under the heading "I. STATES:",—
(a) in item 2 relating to Assam, for the figures 126, the figures "114" shall be substituted;
(b) after item 17 and the entries relating thereto, the following shall be inserted, namely:—
"18. Manipur .. 60 1 19
19. Tripura .. 60 6 19
20. Meghalaya .. 60 .. 50";
(ii) under the heading "II. UNION TERRITORIES:" items 3 and 5 and the entries relating thereto shall be omitted.
(2) The amendment made by clause (i)(a) of sub-section (1) shall have effect on and after the appointed day in relation to the Legislative Assembly of the State of Assam and the amendments made by clause (i)(b) and clause (ii) of sub-section (1) shall have effect in relation to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya to be constituted at any time after the appointed day.
(i) under the heading "I. STATES:",—
(a) in item 2 relating to Assam, for the figures 126, the figures "114" shall be substituted;
(b) after item 17 and the entries relating thereto, the following shall be inserted, namely:—
"18. Manipur .. 60 1 19
19. Tripura .. 60 6 19
20. Meghalaya .. 60 .. 50";
(ii) under the heading "II. UNION TERRITORIES:" items 3 and 5 and the entries relating thereto shall be omitted.
(2) The amendment made by clause (i)(a) of sub-section (1) shall have effect on and after the appointed day in relation to the Legislative Assembly of the State of Assam and the amendments made by clause (i)(b) and clause (ii) of sub-section (1) shall have effect in relation to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya to be constituted at any time after the appointed day.
Section 22 Delimitation of constituencies.
(1) The Election Commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya under section 20 to single member territorial constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the following provisions:—
(a) all constituencies shall, so far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the States and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in those areas where the proportion of their population to the total population is the largest.
Explanation.—In this section "latest census figures" means the census figures with respect to the State concerned ascertainable from the latest census of which the finally published figures are available.
(2) For the purpose of assisting in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,—
(a) in respect of the State of Manipur, all the sitting members of the House of the People representing the Union territory of Manipur or, as the case may be, the State of Manipur under sub-section (2) of section 15, and such six persons who were members of the Legislative Assembly of the Union territory of Manipur immediately before its dissolution by order of the President published in the Gazette of India, dated 16th October, 1969 with notification No. S. O. 4223, dated 16th October, 1969 of the Government of India in the Ministry of Home Affairs, as the President may, by order, nominate;
(b) in respect of the State of Tripura, all the sitting members of the House of the People representing the Union territory of Tripura or, as the case may be, the State of Tripura under sub-section (2) of section 15, and such six persons, being members of the Legislative Assembly of the Union territory of Tripura as it functioned immediately before the 1st November, 1971, as the President may, by order, nominate;
(c) in respect of the State of Meghalaya, the member of the House of the People representing the Autonomous Districts parliamentary constituency or, as the case may be, the Meghalaya parliamentary constituency under section 17, and such of the six members of the Legislative Assembly of the autonomous State of Meghalaya constituted under section 62 of the Assam Reorganisation (Meghalaya) Act, 1969 ( 55 of 1969) or, as the case may be, of the Provisional Legislative Assembly of the State of Meghalaya referred to in section 27, as the President may, by order, nominate:
Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2).
(4) A member of any Legislative Assembly nominated under clause (b) or clause (c) of sub-section (2) shall continue to be an associate member notwithstanding that he ceases to be a member of such Legislative Assembly, otherwise than consequent on the incurring of any disqualification.
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order shall be laid before the Legislative Assembly of the concerned State.
(a) all constituencies shall, so far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the States and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in those areas where the proportion of their population to the total population is the largest.
Explanation.—In this section "latest census figures" means the census figures with respect to the State concerned ascertainable from the latest census of which the finally published figures are available.
(2) For the purpose of assisting in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,—
(a) in respect of the State of Manipur, all the sitting members of the House of the People representing the Union territory of Manipur or, as the case may be, the State of Manipur under sub-section (2) of section 15, and such six persons who were members of the Legislative Assembly of the Union territory of Manipur immediately before its dissolution by order of the President published in the Gazette of India, dated 16th October, 1969 with notification No. S. O. 4223, dated 16th October, 1969 of the Government of India in the Ministry of Home Affairs, as the President may, by order, nominate;
(b) in respect of the State of Tripura, all the sitting members of the House of the People representing the Union territory of Tripura or, as the case may be, the State of Tripura under sub-section (2) of section 15, and such six persons, being members of the Legislative Assembly of the Union territory of Tripura as it functioned immediately before the 1st November, 1971, as the President may, by order, nominate;
(c) in respect of the State of Meghalaya, the member of the House of the People representing the Autonomous Districts parliamentary constituency or, as the case may be, the Meghalaya parliamentary constituency under section 17, and such of the six members of the Legislative Assembly of the autonomous State of Meghalaya constituted under section 62 of the Assam Reorganisation (Meghalaya) Act, 1969 ( 55 of 1969) or, as the case may be, of the Provisional Legislative Assembly of the State of Meghalaya referred to in section 27, as the President may, by order, nominate:
Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2).
(4) A member of any Legislative Assembly nominated under clause (b) or clause (c) of sub-section (2) shall continue to be an associate member notwithstanding that he ceases to be a member of such Legislative Assembly, otherwise than consequent on the incurring of any disqualification.
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order shall be laid before the Legislative Assembly of the concerned State.
Section 23 Power of Election Commission to maintain delimitation orders up-to-date.
(1) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under section 22 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendment as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the concerned State.
(a) correct any printing mistake in any order made under section 22 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendment as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the concerned State.
Section 24 Validation of acts done previous to the commencement of the Act.
All things done, and all steps taken, before the commencement of this Act with a view to delimiting the territorial constituencies of the States of Manipur, Tripura and Meghalaya for the purpose of elections to the Legislative Assemblies of those States shall, in so far as they are in conformity with the provisions of sections 22 and 23, be deemed to have been done or taken under those sections as if those sections were in force at the time such things were done or such steps were taken.
Section 25 Amendment of Scheduled Castes Orders.
(1) On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950 shall stand amended as directed in the Second Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951 shall stand amended as directed in the Third Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951 shall stand amended as directed in the Third Schedule.
Section 26 Amendment of Scheduled Tribes Orders.
(1) On and from the appointed day the Constitution (Scheduled Tribes) Order, 1950 shall stand amended as directed in the Fourth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 shall stand amended as directed in the Fifth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 shall stand amended as directed in the Fifth Schedule.
Section 27 Provision as to Provisional Legislative Assembly of the State of Meghalaya and as to Rules of Procedure and Conduct of Business of the Legislative Assemblies of the States of Meghalaya, Manipur and Tripura.
(1) On and from the appointed day and until the Legislative Assembly of the State of Meghalaya has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, the Provisional Legislative Assembly of the autonomous State of Meghalaya, excluding the members nominated thereto, constituted under section 62 of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969) and functioning immediately before the appointed day, shall be the Provisional Legislative Assembly of the State of Meghalaya and that Assembly shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State:
Provided that for the purposes of this sub-section, the member representing the autonomous District of United Khasi-Jaintia Hills in the said Provisional Legislative Assembly of the autonomous State of Meghalaya shall be deemed also to represent the territories specified in clause (b) of section 5.
(2) The term of office of the members of the Provisional Legislative Assembly of the State of Meghalaya shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Meghalaya.
(3) The persons who, immediately before the appointed day, are the Speaker and the Deputy Speaker of the Provisional Legislative Assembly of the autonomous State of Meghalaya shall be the Speaker and the Deputy Speaker respectively of the Provisional Legislative Assembly of the State of Meghalaya.
(4) The Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the autonomous State of Meghalaya, as in force immediately before the appointed day, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the State of Meghalaya and of the Legislative Assembly of the State of Meghalaya duly constituted under the provisions of the Constitution, subject to such adaptations as may be made therein by the Speaker of the Legislative Assembly, concerned.
(5) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Manipur, as in force immediately before its dissolution by order of the President published in the Gazette of India, dated the 16th October, 1969 with notification No. S.O. 4223, dated the 16th October, 1969 of the Government of India in the Ministry of Home Affairs, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Manipur, subject to such modifications and adaptations as may be made therein by the Governor of that State.
(6) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Tripura as in force immediately before the 1st November, 1971, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Tripura, subject to such modifications and adaptations as may be made therein by the Governor of that State.
Provided that for the purposes of this sub-section, the member representing the autonomous District of United Khasi-Jaintia Hills in the said Provisional Legislative Assembly of the autonomous State of Meghalaya shall be deemed also to represent the territories specified in clause (b) of section 5.
(2) The term of office of the members of the Provisional Legislative Assembly of the State of Meghalaya shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Meghalaya.
(3) The persons who, immediately before the appointed day, are the Speaker and the Deputy Speaker of the Provisional Legislative Assembly of the autonomous State of Meghalaya shall be the Speaker and the Deputy Speaker respectively of the Provisional Legislative Assembly of the State of Meghalaya.
(4) The Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the autonomous State of Meghalaya, as in force immediately before the appointed day, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Provisional Legislative Assembly of the State of Meghalaya and of the Legislative Assembly of the State of Meghalaya duly constituted under the provisions of the Constitution, subject to such adaptations as may be made therein by the Speaker of the Legislative Assembly, concerned.
(5) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Manipur, as in force immediately before its dissolution by order of the President published in the Gazette of India, dated the 16th October, 1969 with notification No. S.O. 4223, dated the 16th October, 1969 of the Government of India in the Ministry of Home Affairs, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Manipur, subject to such modifications and adaptations as may be made therein by the Governor of that State.
(6) The Rules of Procedure and Conduct of Business of the Legislative Assembly of the Union territory of Tripura as in force immediately before the 1st November, 1971, shall, until rules are made under clause (1) of article 208, be the Rules of Procedure and Conduct of Business of the Legislative Assembly of the State of Tripura, subject to such modifications and adaptations as may be made therein by the Governor of that State.
Section 28 Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura.
(1) On and from the appointed day,—
(a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished;
(b) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);
(c) the Judges of the High Court of Assam and Nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court:
1 [Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the common High Court shall be the High Court for the States of Assam, Arunachal Pradesh, Mizoram and Nagaland and shall cease to have its jurisdiction, powers and authority for the States of Meghalaya, Manipur and Tripura.]
(2) Nothing in clause (a) of sub-section (1) shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the High Court of Assam and Nagaland under the powers then conferred upon that Court.
(a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished;
(b) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);
(c) the Judges of the High Court of Assam and Nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court:
1 [Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the common High Court shall be the High Court for the States of Assam, Arunachal Pradesh, Mizoram and Nagaland and shall cease to have its jurisdiction, powers and authority for the States of Meghalaya, Manipur and Tripura.]
(2) Nothing in clause (a) of sub-section (1) shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the High Court of Assam and Nagaland under the powers then conferred upon that Court.
1. The proviso ins. by Act 26 of 2012, s. 3 (w.e.f. 23-3-2013).
Section 28A Establishment of separate High Courts for the States of Meghalaya, Manipur and Tripura.
1 [28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and Tripura.—(1) On and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, there shall be a High Court—
(a) for the State of Meghalaya to be called the High Court of Meghalaya;
(b) for the State of Manipur to be called the High Court of Manipur;
(c) for the State of Tripura to be called the High Court of Tripura.
(2) The principal seat of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall respectively be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura may sit at such other place or places in the States of Meghalaya, Manipur and Tripura respectively, other than their principal seat as the Chief Justice of the respective High Court may, with the approval of the Governor of the State concerned, appoint.
(a) for the State of Meghalaya to be called the High Court of Meghalaya;
(b) for the State of Manipur to be called the High Court of Manipur;
(c) for the State of Tripura to be called the High Court of Tripura.
(2) The principal seat of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall respectively be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura may sit at such other place or places in the States of Meghalaya, Manipur and Tripura respectively, other than their principal seat as the Chief Justice of the respective High Court may, with the approval of the Governor of the State concerned, appoint.
1. Ins. by s. 4, ibid. (w.e.f. 23-3-2013).
Section 28B Judges of High Courts of Meghalaya, Manipur and Tripura.
(1) Such of the Judges of the common High Court holding office immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 as may be determined by the President after ascertaining their option shall, on such commencement, cease to be the Judges of the common High Court and become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be.
(2) Every person who by virtue of sub-section (1) become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura shall, except in the case where any such person is appointed to be the Chief Justice of any of those High Courts, rank in the respective High Court according to the priority of their respective appointments as Judges of the common High Court.
(2) Every person who by virtue of sub-section (1) become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura shall, except in the case where any such person is appointed to be the Chief Justice of any of those High Courts, rank in the respective High Court according to the priority of their respective appointments as Judges of the common High Court.
Section 28C Jurisdiction of High Courts of Meghalaya, Manipur and Tripura.
The High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall have, in respect of any part of the territories included in the State of Meghalaya, the State of Manipur and the State of Tripura respectively, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, are exercisable in respect of that part of the said territories by the common High Court.
Section 28D Custody of seal of High courts of Meghalaya, Manipur and Tripura.
The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the custody of the seal of the common High Court shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura, as the case may be.
Section 28E Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura.
The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to practice and procedure in the common High Court shall, with necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura, and accordingly, the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall, respectively, have all such powers to make rules and orders with respect to practice and procedure as are immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 exercisable by the common High Court:
Provided that any rules or orders which are in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the practice and procedure in the common High Court shall, until varied or revoked by rules or orders made by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, apply with the necessary modifications in relation to the practice and procedure in the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura respectively, as if such rules or orders were made by the respective High Court.
Provided that any rules or orders which are in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the practice and procedure in the common High Court shall, until varied or revoked by rules or orders made by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, apply with the necessary modifications in relation to the practice and procedure in the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura respectively, as if such rules or orders were made by the respective High Court.
Section 28F Forms of writs and other processes.
The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the form of writs and other processes used, issued or awarded by the common High Court shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura.
Section 28G Powers of Judges.
The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to the powers of the Chief Justice, Single Judges and division courts of the common High Court and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura.
Section 28H Procedure as to appeals to Supreme Court.
The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to appeals to the Supreme Court from the common High Court and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Courts of Meghalaya, Manipur and Tripura.
Section 28-I Transfer of proceedings from common High Court to the High Courts of Meghalaya, Manipur and Tripura
(1) Except as hereinafter provided, the common High Court shall, as from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura.
(2) Such proceedings pending in the common High Court immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be.
(3) Notwithstanding anything contained in sub-sections (1)@ i@ and (2) or in section 28A, but save as hereinafter provided, the common High Court shall have, and the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall not have, jurisdication to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the common High Court before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012:
Provided that if after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the common High Court--
(a) before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, in any proceedings transferred to the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura by virtue of sub-section (2); or
(b) in any proceeding with respect to which the common High Court retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the common High Court but also as an order made by the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the case may be.
(2) Such proceedings pending in the common High Court immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be.
(3) Notwithstanding anything contained in sub-sections (1)@ i@ and (2) or in section 28A, but save as hereinafter provided, the common High Court shall have, and the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall not have, jurisdication to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the common High Court before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012:
Provided that if after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the common High Court--
(a) before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, in any proceedings transferred to the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura by virtue of sub-section (2); or
(b) in any proceeding with respect to which the common High Court retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the common High Court but also as an order made by the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the case may be.
Section 28J Interpretation.
For the purposes of section 28H,—
(a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.
(a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.
Section 28K Saving.
Nothing in sections 28A to 28J (both inclusive) shall affect the application to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura of any provisions of the Constitution, and the provisions of these sections shall have effect subject to any provision that may be made on or after the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the respective High Court by any Legislature or other authority having power to make such provisions.]
Section 29 Jurisdiction of the common High Court.
On and from the appointed day, the common High Court shall have, in respect of the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, all such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Assam and Nagaland or the Court of the Judicial Commissioner for Manipur, or the Court of the Judicial Commissioner for Tripura, as the case may be.