 bill no 125 of 2016 the state of arunachal pradesh (amendment) bill, 2016 byshri ninong ering, mp a billfurther to amend the state of arunachal pradesh act, 1986be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the state of arunachal pradesh (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint69 of 19862 after section 29 of the state of arunachal pradesh act, 1986, the following sections shall be inserted, namely:—insertion of new sections 29a to 29l10"29a on and from the commencement of the state of arunachal pradesh(amendment) act, 2016, the provisions of sections 18 to 29 (both inclusive) shall not apply to the state of arunachal pradesh and the common high court shall be the high court for the states of assam, mizoram and nagalandnonapplicability of sections 18 to 29 (both inclusive) to the state of arunachal pradeshestablishment of separate high court for the state of arunachal pradesh529b (1) on and from the commencement of the arunachal pradesh (amendment)act, 2016, there shall be a high court for the state of arunachal pradesh to be called the high court of arunachal pradesh(2) the principal seat of the high court of arunachal pradesh shall be at itanagar (3) notwithstanding anything contained in sub-section (2), the judges and division courts of the high court of arunachal pradesh, may sit at such other place or places in the state of arunachal pradesh, other than their principal seat as the chief justice of the high court of arunachal pradesh may, with the approval of the governor of the state of arunachal pradesh, appoint| 10        ||-----------|| court of  || arunachal || pradesh  |29c (1) such of the judges of the common high court holding office immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, 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 judges of the high court of arunachal pradesh15(2) every person who by virtue of sub-section (1) becomes a judge of the high court of arunachal pradesh shall, except in the case where any such person is appointed to be the chief justice of the high court of arunachal pradesh, rank in the high court of arunachal pradesh according to the priority of his appointment as judge of the common high court20jurisdiction of high court of arunachal pradesh29d the high court of arunachal pradesh shall have, in respect of any part of the territories included in the state of arunachal pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, is being exercised in respect of that part of the said territories by the common high court25custody of seal of high court of arunachal pradesh29e the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 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 arunachal pradesh30practice andprocedure in the high court of arunachal pradesh29f the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 with respect to practice and procedure in the common high court shall, with necessary modifications, apply in relation to the high court of arunachal pradesh and accordingly, the high court of arunachal pradesh shall have all such powers to make rules and orders with respect to practice and procedure as are, immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016, exercisable by the common high court:3540provided that any rules or orders which are in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 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 arunachal pradesh, apply with the necessary modifications in relation to the practice and procedure in the high court of arunachal pradesh as if such rules or orders were made by the high court of arunachal pradeshforms of writs and other processes4529g the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 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 arunachal pradeshpowers of judges5029h the law in force immediately before the commencement of the state ofarunachal pradesh (amendment) act, 2016 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 arunachal pradeshprocedure as to appeals tosupreme court29i the law in force immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 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 court of arunachal pradesh529j (1) except as hereinafter provided, the common high court shall, as from the commencement of the state of arunachal pradesh (amendment) act, 2016, have no jurisdiction in respect of the state of arunachal pradeshtransfer of proceedings from common high court to the high court of arunachal pradesh10(2) such proceedings pending in the common high court immediately before the commencement of the state of arunachal pradesh (amendment) act, 2016 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 arunachal pradesh shall, as soon as may be after such certification, be transferred to the high court of arunachal pradesh15 20(3) nothwithstanding anything contained in sub-sections (1) and (2) or in section29b, but save as hereinafter provided, the common high court shall have, and the high court of arunachal pradesh shall not have, jurisdiction 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 state of arunachal pradesh (amendment) act, 2016: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 arunachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly25(4) any order made by the common high court—(a) before the commencement of the state of arunachal pradesh (amendment) act,2016, in any proceedings transferred to the high court of arunachal pradesh by virtue of sub-section (2); or30(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 arunachal pradesh29k for the purposes of section 29i,—interpretation35(a) proceedings shall be deemed to be pending in a court until that court has disposedof 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; and40(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, judgement or decree passed or made by that court or judgesaving4529l nothing in sections 29b to 29k (both inclusive) shall affect the application to the high court of arunachal pradesh 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 state of arunachal pradesh (amendment) act, 2016 with respect to the high court of arunachal pradesh by the legislature of arunachal pradesh or other authority having pwoer to make such provisions" statement of objects and reasonsa separate and permanent high court for arunachal pradesh is demanded by the people of the state from long time now although there exists a bench of gauhati high court at itanagar but due to escalating burden of pending cases and myriad historical facts, a separate high court should be established in arunachal pradesh very soonwhen the state of arunachal pradesh act, 1986 provided for a common high court, the population and dynamics of administration of the state was very different from the present times now the state faces many problems such as law and order, border management, illegal activities, insurgency, inter-state disputes, etc which have raised number of cases at a rapid rate in order to have a proper and time bound justice to the people, a separate high court of arunachal pradesh is required now which will meet the needs and aspirations of the people this will help them in getting justice timely without making unnecessary expenditureshence this billnew delhi;ninong eringfebruary 16, 2016 financial memorandumclause 2 of the bill provides for establishment of separate high court in the state of arunachal pradeshthe expenditure on establishment of separate high court in the state of arunachal pradesh including recurring expenditure will be met out of consolidated fund of the state of arunachal pradesh———— a billfurther to amend the state of arunachal pradesh act, 1986————(shri ninong ering, mp)gmgipmrnd—67l(s3)—03052016