The Assam frontier ( Administration of Justice) Regulation (Amendment) act, 2023

W The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 90, Vol. XXX, Naharlagun, Thursday, April 13, 2023, Chaitra 23, 1945 (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 12th April, 2023 No. Law/Legn-2/2023.—The following Act of the Arunachal Pradesh Legislative Assembly which was passed in the Eleventh Session of the Seventh Legislative Assembly and received the assento f the Governor of Arunachal Pradesh is hereby published for general information. (Received the assent of the Governor on 5th April, 2023) THE ASSAM FRONTIER (ADMINISTRATION OF JUSTICE) REGULATION (AMENDMENT) ACT, 2023 (ACT NO.4 OF 2023) An Act further to amend the Assam Frontier (Administration of Justice) Regulation, 1945 (Regulation 1 of 1945) ; Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventy-fourth Yearo f the Republic of India as follows, - 1. Shorttitle, extent and commencement : (1) This Act may be called the Assam Frontier (Administration of Justice) Regulation (Amendment) Act, 2023. (2) Itshall extend to the whole of the State of Arunachal Pradesh. (3) Itshall be deemed to have come into force with effect from 20th February, 1987. 2. Amendment of clause (b) of section 1 : In the Assam Frontier (Administration of Justice) Regulation, 1945 (hereinafter called the principal Regulation, - in clause (b), in section 1, for the words, “It extends to the whole of Balipara, Lakhimpur, Sadiya and Tirap Frontier Tracts” the words, “It shall extend to the whole of the State of Arunachal Pradesh” shall be substituted. 3. (i) Amendmentof section 2: In the principal Regulation, the clauses under section 2, shall be arranged as under,- (a) “Administrator”; (b) “Heinous offence”; (c) “Pleader”; (d) “Deputy Commissioner” (e) “Thetracts” (i) in clause (a), in section 2, for the existing entrigs, the following shall be substituted. - “(a) “State Government’ means Government cf Arunachal Pradesh”. (i) Insection 2, in clause (e), for the definition of the word “Tracts” the definition of the ~ word “district” means a district of the State of Arunachal Pradesh” shall be substituted. (iv) After clause (e), the following clause shall be added, namely,- “(fy "Village Authority" means member(s) of traditional village council or inter-village territorial council or Apex Council by whatever name called including Head Gaon Bura, Head Gaon Buri, Gaon Bura, Gaon Buri and traditional village Head". 4. Amendment of section 4 : In the principal Regulation, for the existing entries, the following entries shall be substituted,- “Subject to the provisions of this Regulation, the Assistant Commissioner or the Deputy Commissioner, as the case may be, shall refer back the case presented before them, to the concerned village authority for trial and settlement within the territorial jurisdiction of the concerned village or within the jurisdiction of its inter-village territorial Customary Court or Apex Customary Court, as the case may be". 2 The Arunachal Pradesh Extraordinary Gazette, April 13, 2023 5. Amendment of section 5 : In the principal Regulation, in section 5, after sub-section (2), the following sub-section and explanation shall be inserted, namely,- “(3) The State Government may frame Rules and guidelines for all or any matters as may be deemed expedient, including election, selection, appointment, powers, functions and meetings of the Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri” “Explanation : For the purpose of section 5, village authority shall include member(s) of traditional village council or inter-village territorial council or Apex Council by whatever name called as defined in clause (f) of section 2 and Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri institutions. The member(s) of traditional village council or inter-village territorial council or Apex Council shall be determined by Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri and the traditional village Head as per their traditional customary laws and practices and the Head Gaon Bura, Head Gaon Buri, Gaon Bura and Gaon Buri shall be appointed by the Deputy Commissioner of the respective district’. Amendment of section 13 : In the principal Regulation, the words - “or with imprisonment of either description for a term which may extend to six months, on conviction by the Deputy Commissioner or an Assistant Commissioner. An appeal shall lie from an order of Assistant Commissioner under this section to the Deputy Commissioner”, appearing in the last part of the sentence, shall be deleted. Deletion of section 14 : In the principal Regulation, section 14 shall be deleted. Amendment of section 23 : In the principal Regulation, the words “Assistant Commissioner” appearing after the word “an” and before the word “to” shall be substituted by the words “Inter-village territorial Customary Court or Apex Customary Court”. Substitution of section 24 : In the principal Regulation, in section 24, for the existing entries, the following shall be substituted,- “Any party aggrieved by a decision of the village authority may appeal within thirty days before the Inter-village territorial Customary Court or Apex Customary Court, by whatever name called, who on receipt of such appeal, shall dispose of the case” Provided that, the proceedings in the village authority or inter-village territorial customary court or Apex customary court as the case may be, shall be recorded in writing in their respective vernacular or English, as the case may be. Provided further that, if agreed to by the parties or if the aggrieved party desires to appeal, as the case may be, an appeal arising out of the decision of village authority or Inter-village territorial Customary Courtor Apex Customary Court, as the case may be, shall lie before the Courts of Judicial Magistrate First Class, the Courts of Chief Judicial Magistrate, the Courts of Additional District and Sessions Judge or the Courts of District and Sessions Judge, as the case may be, as per their territorial and pecuniary jurisdiction, who shall not set aside an appeat so filed merely on technical ground or procedural lapses but in the interest of justice dispose of the same as may be deemed appropriate or proceed with the case de novo”. Deletion of sections, 30, 31, 32, 33, 34 and 35 : in the principal Regulation, sections 30, 31, 32, 33, 34 and 35 shall be deleted. Amendment of section 44 : In the principal Regulation, in section 44, after sub-section (3), the following sub-section shall be inserted,- “(4) The Village authority or the inter-village territorial council or Apex Council, as the case may be, may pronounce or take ex-parte decision, if one of the disputing party does not turn up or remain absent willfully for three consecutive times after giving not less than thirty days on each occasion of reasonable opportunity of being heard”. 12 Addition of Section 60 : In the principal Reguiation, after section 59, the foliowing section shall be added, namely,- “60. Power to remove difficulties : If any difficulty arises in giving effect to the provisions of the Regulation, the State Government may, by order not inconsistent with the provisions of this Act or any other laws for the time being in force, remove such difficulty”. 13. Amendment of the Arunachal Pradesh Civil Courts Act (Act No. 4 of 2021) : (i) Inthe Arunachal Pradesh Civil Courts Act, (Act No.4 of 2021), in section 15, in sub-section (4), for the words, “if agreed to by the parties” the words, “if agreed to by the parties or if the aggrieved party desires to appeal, as the case may be, shall be substituted. (i) The entries “Chapter -V" appearing after “Chapter - IlI” shall be substituted by the entries, “Chapter -IV". Onit Panyang, 1AS Commissioner to the Governomf Aerunnactha l Pradesh, ltanagar. “ublished and printed by Directorate of Printing, Naharlagun—170/2023- DoP-250+Secy,(LA)-50+Co(Lmamw)r-.50 -4-2023.