 btu no 158 of 1980 the high court at bombay (extension of jurisdic- tion to goa, daman and diu) bill, 1980 a  billto p1'ovide for the extension of the jurisdiction of the high court at bombay to the unicm territory  of goa, daman and diu, for thr establishment of a permanent bench of that high court at panaji and for mattets connected therewith be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 (1) this act may be called the high court at bombay (extension short of jurisdiction to goa, daman and diu) act, 1980 title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions (/1) "appointed day" means the date on which this act comes into force; 10 (b) "court of the judicial commissioner" means the court of the judicial commissioner for goa, daman and diu  3 (1) on and from the appointed day, the jurlldletlon of the a  court at bombay shall extead to the union territory of go, dun  and diu '(2) on and from the appointed day, the court of the judicial commissioner shall cease to function and is hereby abolished: extension of jurisdiction of bombay high court to goa, daman and diu provided that nothing in this sub-section shall prejudice or affect the continued operation df any notice served, injunction issued, directlon given or proceedings taken before the appointed day by the court of the judicial commissioner, abolished by this sub-section, under the powers then conferred upon that court 10 jurisdiction of bombay high court 4 on and from the appointed day, the high court at bombay shall have, in respect of the territori'es included in the union territory of goa, daman and diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the court of the judicial 15 commissioner 5 the provisions of chapter vi of part vi of the constitution shall apply to the high court at bombay in relation to the exercise of its jurisdiction to the union territory of goa, daman and diu~ subject to the following exceptions and modifications, namely:-20 (a) the references in the said chapter to "state" except where it occurs in the expression "governor of the state" shall be construed as references to the union territory of goa, daman and diu; , (0) in cia,' ',use (1) of article 233, {and,in article ~, t~e ~rences to the governor of the stau qh4 ~m m-tfc1e 2:n, the t~rrt~ to 25 the governor, shall be construed as reterebces to the administrator of the union territory of goa, daman and diu; (c) the provisions of article 'sa shall not apply; chapter vi of part vi of the constitution to apply to the bombay high court exercising jurisdiction over the union territory of goa, daman and diu (d) in ,article 2341 the ·reference to ,the sta~e public ~vice commission shall be construed as a reference to the tjnio,{ public 30 service commission 6 subject to any rule made or' d1reetlorl' gf~~nby the' m~h' court at bombay in· this behalf, any ,person who, immediately be10rethe aj:<,ointed day, is an advocate entitled to practise in the ,court ',01 ,~e judicial commissioner shall be entitled to practise as an advocate in the 3~ high court at aombay special provlsions relating to ad-vocates 7 (1) all proceedings pending in the court of the judicial commissioner immedioate1y bet~e the itppointed day sbal~ r staad trulsfe~ed to the high court at bombay '"  (2) every proceeding transferred under sub-section (1) shall be dis- 40 posed of by the hig,h court at bombay a's if slm:h proceeding were en\e1"-tained by that high court  (3) amy, ol'ger made·lilefore tb& ~ted, ,00y·  oyf·~"coh' of the judicial commissioner shall, for all purposes, have effect -det orhy as an order of that court but also as an order of the high court at bombay, 1 -                                  ~ ;                                                                          -                                                                                              i·                                                                                                       ";                                                                                                                      ~                                                                                                                                      " transfer of pend-ing pro-ceedings from the court of the judicial com-missioner to the bombay high court " ( r ,      '                  , ,                                                                                                    : ' ~ adwicrte,edtitjaa<td'lwtiie im,the'£eart·ol1h,e,juliieialj cammilbioller ~  jauj,qharised ta  appeao  oz':to ~it· dntul¥  ~  ilirar;wfemmi froillh~t:,coult·smqari_ctiitll rr, itu:bue,:tbe"mgbt itoappear or ~o 5 _taa: tbe  iiluij be, inot8e} •• (£ouriiat·~'ia,dni8jat1od:to  ~didgi; right it) appear or act in proceedings transferred to the bombay high court 9 on and from the appointed day, thereiiw , •• rhb_li, permanent bench of the higb court at bombay at panaji and such thadtmj o~ "la,~;",~"j1"'t;~;tw itt •• ber, 10  ,cwt ~~ t"imiihi~  ~\~ m:r~~  ·~k m,'wiij;1f,,~w ~ 1  r~1_~r8l1lrttm'ifj iim t"'i~ "'4~rin ~  ~ ~;,~ 04~/~ i8 t  ~ twtt •• ~~,:g~l""ii\ld4~  establishment of a permllndt' bench"bf bombay hi,h court at panaji pl!o¥idelll  that ·the, ctfief·1j ustic!' lof-that·hirb· coul't ·may, ·in hi's dials atioll,orde!r ·that laily-eatleor elllh·of'cases«riling·jn  territofy shall be heard at bombay  10 the expenditure in respect of the high court at bombay, including the expenditure in respect of the salaries and allowances of the judges, officers and servants of the high court shall, as from the 20 appointed day, be allocated between the state of maharashtra and the union in such proportion as the president may, by order, determine allocation of expenditure of the bombay high court rule of construction 11 references in any law i'n force in the union territory of goa, daman and diu to the court of the judicial commissioner shall, on and from the appointed day, be construed in relation to that territory as 2s references to the high court at bombay 12 as from the appointed day, in the goa, daman and diu civil courts act, 1965,- :  oi_  ~~ i t  i&,ui (i) in section 2, for clause (b), the following clause shall be 6ubstituted, namely:-i amend ment of goa, daman and diu act 16 of 1965 30 '(b) "high court" means the high court at bombay exercising jurisdiction over the union territory'; 10 of 1961 (ii) in section 7, in su~  section ~1), the words, brackets and figures "subject to the provisions contamed in ~he goa, daman and diu (judicial commissioner's cour~) regulatlon, 1963, and the rules made thereunder," shall be onutted 3s power to remove dimcul_ ties (1) if difficulty arises in giving effect to the provisions of 13 h canyt i government may by order notified in the official this act teen ra ' t   f ' k h provision not inconsistent wlth he provlslons 0 gazette ma e sue,  f h i f ' t it to be necessary or expedient or t e remova a this act, as appears 0  i'" '" , 40 the difficulty: : __  a1''''~ - ~lfil  provided that no such order shall be made after the expiry of a period ot two years 'from the appointed day (~) every order made under this section ihall be iaici, :a& 16ot1~ as may be after it is made, before each houle of parliamen~ tdle it iii· tin session, for a total period of thirty day which may be compriaed illude session or in two or more suceessive sessions, and i'l,before the espiry, at the session :immediately following the aeuion or the succeaive sessi s aforesaid, both houses agree in making any modification i ill tlmtorder or both houses agree that the order should not be made, the order shall thereafter have effect only in such modifted form or be of no eftect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously 10 done under that order' power to adapt lawi 16 for the purpose of facilitating the application of «ny law m relation to the union territory of goa, daman and diu, the central government may, before the expiration of two yean from the appointed day, by order, make such adaptations andmodfftcatiglll of the law, is whether by way of repeal or amendment, as may be neeessary' or expedient to give effect to the provisions of this act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legt lature or other competent authority, there has been a persistent demand for'tbe extension of the jurisdiction of a high court to the union territory of goa,' daman and diu and for the establishment of a permanent 'qench of that high court there in lieu of the existing court of the judicial commissioner although the judicial commissioner's court functioning at present ut that union  territory has been given certain powers of a high court under the provisions of the goa, daman and diu (judicial commisttoner's q)urt) regulation, 1963, it is not a full-fledged high court the judicial commissioner also does not enjoy those constitutional safeguards which protect the independence of a high court judge it is felt that the extension of the jurisdiction of 3 high court to the union territory wm improve the tone of judicial administration in that unioa territory and in~pire greater public confidence it is, therefore, proposed toftterld the jurisdiction of the bombay high court to the union territory of goa, daman and diu and abolish the court of the judicial commiasioaer there it is also proposed to establish a permanent bench of that high court at panaji the bill seeks to achieve the above objects :  new delhi; p shiv shanker the 4th august, 1980 c~use 3,(1) of t~ bil~~:rofi4es for the ,extel)~on of th~j~tion of t"" m~ court at borpbay,to the u~~ ~ritpl;y ,q~g~d,~iaqn)d dlu;cla,use 9 ~ th~ bill f,qyjde~ for the, e~i~ ot,pe~_t bejlf:bdf the uigb court at b0jn~ at paliaii 2 om! taxiitiiig ~t~ there is jwtieiw\ ctadeeioer's '~'1ld tll,u,li_1tenritary to! gdj,:n-ti __ (diai_iliiwi1w:et_e ,jwaqialco f'  'add,cim adiliticaarullllllaiulcb __ slic  u: a,mtr ~ jurjdktiaa iof tbe·b"')li\!!piii comt u __ diil,:to~qalien tintt~'-"_ijudilw,;ci in; \t cotirt 1i'ib :8iiiiaci1tuo1jeheelp"at ~prel_,~  ejiip8gditu&-oi tha,«delof bs: laoj6iia~ ~ jeutiag j_ui'nii'gr die,pa,add  of ,tbeujudimei·aaidissi t 'lad mdl"tihiil·u  l commimiome,aad 'tjie  , - ,_  ! 1t exd:lmn __ agld:~  tiiiitm_t 'of a peniiiiiie!lt·cu ""8 ~ii of thf··  1'tuga coltrt at fadbjiu·piigp ' irthelbill,waaldrb'l_~e • addiueaal:  expemitum of &; la;ooo :pel" l~ 3 iri so far as non-recurring expenditure is conc'el'lled,'th~ e}ctstiog buildings for the judicial commissioner's court and additional jlldicfal commissioner's court ~,·be utililile(twi~~iwb"gf~ellijg!;l,~urt therefore, there may not be additional capital expenditure on that count also, the existing official residences of judicial commissioner and additional judicial commissioner would be available for the judges on the bench it will, however, have to be decided in due course whether any residence has to be constructed for a judge on the bench or whether both these residences are suitable i , j clause 13 of the bill empowers the central government to make, by order notified in the official ~~ '!luch provision for the removnl of any difficulty which may arile,m:·gi""effect to the provisions of the act it has been made clear in the clause itself that the provisions so made should not be inconsistent with the provisions of the act no order under this ~ion 'witt !be tnade- ~;the expiry of a period of two years from the appointed day, that is, the date on waich the act cotnt!sintb' 'force olmsa h of the bill, er,verlf~ the centllal' ,gmenlilmhlt·:to,·dapt existing laws in order to facilitate their applioat&oa "0,_: vrjul·,teltitory ot goa, damanand diu thia power will awo be available,until the expintion of two years from the appointed day the delegation of legislative power under the above-ment1oned provisions relates to matters of procedure or administrative detail 't1t to ~"nttters,1n tesp8et"oi which: it is ,not· ~irtolriua at,this stage   !fijm:e;! the ~ption ·of leplative'powerii ·ofa·,mtrmai obaaeter  - put vi the states - • - • chapteil vi-suboroinate oouatsappoint mentof district judges 233 (1) appointments of persons to be, and the posting and pro motion of, district judges in any state shall be made by the governor of the state in eonsultation with the high court exercising juritdiction in relation to such state - - - - - 233a notwithstanding any judgment, decree or order of any court,-(4) (i) no appointment· of any person already in the judicial service c:jf a state or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that state, and (ii) no posting, promotion or transfer of any such person as a district judge, validationof appointments of and judgments, etc, deliveredby, certain district judges made at any time before the commencement of the constitution (twentieth amendment) act, 1966, otherwise than in a<:cordance with the provisions of 3rticle 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions; (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the constitution (twentieth amendment) act, 1966 by, or before, any person appdinted, postecl promoted or transferred as a district judge in any state otherwise than in accordance with the provisions of article 233 or article 23~ shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions 234 appointments of persons other than district judges to the judicial service of a state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state public service commission and with the high court exercisi'ng jurisdiction in relation tt> such state recruitmentof persons other than 4iistrict judie! to the judicial service 237 the governor may by p  blic notification direct that the :(oregoing provisions of this chapter and any rules made thereunder shall ~th ef':~t from such date as may be fixed by him in th~t behalf apply m relation to any class or classes·· of magistrate:; in the state as they apply in relation to persons appointed to the judicial bcl'vice of the state subject to such except :ons and modifications as may be specified in the notification - - - - - application of the provisions 01 this chapter tocertain class or classes of magistrates  extracts from the goa, daman and diu civil courts act, 1965(no 16 of 1965) - - - - - deftni tions 10 of 1963 2 in this act, unless the context otherwise requires: - - - - - (b) "high court" means the judicial commissioner's com constituted by the goa, daman and diu (judicial commissioner's court) regulation, 1963 - - - - - 7 (1) subject to the provi~ions cantained in the goa, daman and control 10 of diu (judicial commissioner's court) regulation, 1963 and the rules and 1963 made thereunder, the district judge shall have general cuntrol over all :::::i the civi1 courts subordinate to the district court and their establish-courtl ment and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all such courts thereafter the district judge or an additional district judge may give such direction wi'th respect to matters not provided for by law as he may think necessary  - - - - - a, bill to "pl"m'ide fer the extalhidn of the jurisdiction of the high court at !km1bay io the 1:jniaa 'terl'hory of goa, daman and ~u, for the eftiibtisbmejltuf a pei'iilaaant bench of that high court at panaji and 'for matteraccmnw:ted therewith (shri p shiv shan1cer, mimrter of law, jultice ,,'rid compantl affain) 