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THE NORTH-EASTERN AREAS (REORGANIZATION) ACT, 1971

Title : THE NORTH-EASTERN AREAS (REORGANIZATION) ACT, 1971

Year : 1971



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.



(1) On and from the appointed day, Courts of the Judicial Commissioners for Manipur and Tripura shall cease to function and are hereby abolished.

(2) Nothing in 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 any of the Courts abolished by that sub-section, under the powers then conferred upon that Court.



(1) The principal seat of the common High Court shall be at the same place at which the principal seat of the High Court of Assam and Nagaland is located immediately before the appointed day.

(2) The President may by notified order provide for the
establishment of a permanent bench or benches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith:

Provided that before issuing any order under this sub-section, the President shall consult the Chief Justice of the common High Court and the Governor of the State in which the bench or benches is or are proposed to be established.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and Division Courts of the common High Court may also sit at such other place or places in the State of 1*[Assam, Arunachal Pradesh, Mizoram or Nagaland] as the Chief Justice may, with the approval of the Governor of the State concerned, appoint.
 
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1. Substituted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following : - " Assam, Manipur, Meghalaya, Nagaland or Tripura"

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On and from the appointed day, the jurisdiction of the common High Court shall extend to the Union territories of Mizoram and Arunachal Pradesh.

1*[Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of this section shall cease to have effect.]
 
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1. Inserted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following : - " Assam, Manipur, Meghalaya, Nagaland or Tripura"

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The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Assam, 1*[Arunachal Pradesh, Mizoram and Nagaland] and the Union in such proportion as the President may, by order determine.
 
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1. Substituted by the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 (Act No. 26 of 2012) w.e.f. 23.03.2013 for the following : - "Manipur, Meghalaya, Nagaland and Tripura"
 
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(1) Subject to any rule made or direction given by the common High Court in this behalf any person, who immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura, shall be entitled to practise as an advocate in the common High Court.

(2) The right of audience in the common High Court shall be regulated in accordance with the like principles as immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam and Nagaland.

Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrollment as advocates.

(3) On and from the appointed day, in the Advocates Act, 1961 (hereinafter in this Part referred to as the Advocates Act), in section 3,-

(a) In sub-section (1),-

(i) For clause (b), the following clause shall be substituted, namely:-

"(b) For the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura.";

(ii) In clause (e), for the words "Union territories of Tripura and the Andaman and Nicobar Islands," the words "Union territory of the Andaman and Nicobar Islands" shall be substituted;

(b) In sub-section (2), in clause (b), for the words "Bar Council of Assam," the words "Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura" shall be substituted.

(4) The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura subject to the modifications that,-

(a) For clause (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely:-

(a) All persons who were entered as advocates,-

(i) On the roll of the Bar Council of Assam and Nagaland immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971;

(ii) On the roll of the Bar Council of West Bengal immediately before that day and who, within three months from that day, express in such manner as the Bar Council of India may, by rule, prescribe their intention in writing to practise within the jurisdiction of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;

(b) in clause (a) of sub-section (3) of the said section 17, for the words and figures "with his date of enrollment under the Indian Bar Councils Act, 1926," the words "with his seniority on the roll of the Bar Council of Assam and Nagaland or as the case may be, the Bar Council of West Bengal" shall be substituted.

(5) Notwithstanding anything contained in the Advocates Act, as amended or modified by sub-sections (3) and (4),-

(a) In the case of the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura under that Act, the fifteen members required to be elected under clause (b) of sub-section (2) of section 3 of that Act, shall be nominated by the Chief Justice of the common High Court from amongst the advocates who are entitled as of right of practise in that High Court and are ordinarily practising within the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the Council or until their successors are duly elected in accordance with the provisions of the said Act, whichever is earlier;

(b) The names of persons entered on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), shall, as from the date or dates on which the names are so entered, stand removed from the roll of the Bar Council of West Bengal;

(c) Any proceedings which were pending or which may be instituted against any person before or by the Bar Council of Assam and Nagaland or by the Bar Council of West Bengal immediately before his name is entered in the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), may, after such entry, be continued or instituted before or by the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;

(d) Every person who, immediately before his name stands removed from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (b), is a member of the Bar Council of West Bengal, shall cease to be a member of that Council as from the date on which his name stands so removed from the roll of that Bar Council;

(e) The rules made or deemed to have been made by the Bar Council of Assam and Nagaland and in force immediately before the date on which the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura is duly constituted in accordance with the provisions of clause (a), shall, subject to such modifications and adaptations as may be made therein by the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, be deemed to be rules made by that Bar Council and shall have effect accordingly.

(6) (a) As from the appointed day, the assets and liabilities of the Bar Council of Assam and Nagaland shall pass to the Bar Council of Assam Nagaland, Meghalaya, Manipur and Tripura.

(b) The assets and liabilities of the Bar Council of West Bengal shall be apportioned between that Bar Council and the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in such manner and proportion as may be agreed upon by the Bar Councils and in default of agreement with reference to any matter, the matter shall be referred to the Chairman of the Bar Council of India and his decision thereon shall be final.

Explanation.- Expressions used in this section but not defined in this Act shall have the meanings assigned to them respectively in the Advocates Act.



Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Assam and Nagaland shall, with the necessary modifications, apply in relation to the common High Court.



The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Assam and Nagaland shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court.



The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam and Nagaland shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.



The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and Division Courts of the High Court of Assam and Nagaland and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court.



The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Assam and Nagaland and the Judges and Division Courts thereof shall, with the necessary modifications, apply in relation to the common High Court.



(1) All proceedings pending in the High Court of Assam and Nagaland and in the Courts of the Judicial Commissioners for Manipur and Tripura immediately before the appointed day shall, from such day, stand transferred to the common High Court.

(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by that High Court.

(3) Any order made before the appointed day by the High Court of Assam and Nagaland or by the Court of the Judicial Commissioner for Manipur or by the Court of the Judicial Commissioner for Tripura shall, for all purposes, have effect not only as an order of that High Court or, as the case may be, of that Court but also as an order of the common High Court.



For the purposes of section 40,-

(a) Proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issues 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.



Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura and was authorised to appear or to act in any proceedings transferred from the said High Court or Courts of the Judicial Commissioners to the common High Court under section 40, shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings.



Nothing in this Part shall affect the application to the common High Court of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provisions.

Last updated on August, 2016

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