 bill no 61 of 1,61 tile goa, daman and diu judicial commissioner's court (declara- tion as high court) bill, 1963 a billto declme the judicial commissioner's court ten- goa, daman :and diu to be a high court fen- certain purposes of the constitution ~ it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the goa, daman and diu judi- short title cia! commissioner's court (declaration as high court) act, 1963 and commenee-5 (2) it shall be deemed to have come into force on the date of ment commencement of the goa, daman and diu (judicial commissioner's court) regulation, 1963 z in this act, "article" means an article of the constitution detlnition 3 the court of the judicial commissioner for the union territory declara-10 of goa, daman and diu (hereinafter referred to as the judicial com- tion of missloner's court) is hereby declared to be a high court for the goad ' aman purposes of articles 132, 133 and 134 and diu judicial commissioner' courta high court for certain purposes 4 an appeal shall lie to the supreme court under the provisions of article 133 from any judiment, decree or final order of the judicial commissioner's court notwithstanding that such judgment, decree or final order is that of a single judge - appeals to the supreme court not to be barred on account of judgment, etc, being of a single judge 5 subject to any rules made under article 145 or any other law 5 as to the time within which appeals to the supreme court are to be entered, an appeal shan lie to that court from a judgment, decree or final order of the judicial commissioner's court, under the provisions of article 132 or article 133, or from a judgment,ftnal order or sentence of sueh court under the provisions of article 134 whe-j 0 ther such judgment, decree, final order or sentence, as the case may be, was passed or made before or after the commencement of this act appeals to lie to the supreme court from judgment, decree, etc, whether passed or made before or after the commencementor this act (4) the provisions of articles 216, 217, 218, 220, 221, 222, 223, 224, 224a, 225, 230 and 231 shall not apply; (b) references--exceptions 45 the provisions of chapter v of part vi of the constitution and modi- shall in their application to the judicial coidiiussioner's court have fications subject to effect subject to the fo1lowing exceptions and hlodiflcations, namewhich the ly: ~ provisions of chapter vofpart vi of the constitutionapply to the judicial comaaiasioner' court (i) in article 219, in the p1"ovilo to eiaule (3) of article 227 and in article 229 to the governor shall be construed as references to the admjnistrator of the union territory of goa, daman and diu; - (ii) in articles 219 and 229 to the state (except ill the los expression "the state public service commission") shall be construed as references to the union territory of goa, daman and diu; (c) the reference to the state public service commission in the proviso to clause (1) of article 229 shall be construed as a reference to the union public service commission 30 5 7 any person aggrieved-appeals to ie to the (a) "by any judgment, decree, order or sentence of the tri- supreme bunal de relacao passed or made before the 20th december, ~ourt 96  ~ 1 1, against which an appeal would he to a superior court in jud,ment, portugal in accordance with law ;but could not be preferred by decree, reason of goa, daman and diu "becoming part of the territory etc, passed of india, or against which an appeal having been preferred to a or ~ade by superior court in portugal in accordance with law had not been ~rlbunal disposed of before t~e said date: or ~lacao 10 (b) by any judgment, decree, order or sentence of the tribunal de relacao passed or made on or after the 20th december, 1961, may, within ninety days from the date of passing of this act, prefer an appeal from such judgment, decree, order or sentence to is the supreme court as if such judgment, decree, order or sentence had been passed or made by the judicial commissioner's court 8 section 7 of the goa, daman and diu (administration) 1962, is hereby repealed act, repeal of section 7 of article 1 of 1982  statement of objects and reasons under the goa, daman and diu (judicial commissioner's court) regulation, 1963, a court of judicial commissioner has been constituted for the union territory of goa, daman and diu it is the highest court gf appeal replacing the existing court of appeal (tribunal de relacao) in that territory article 241-(1) of the constitution provides that parliament may by law declare any court in a union territory to be a high court for all or any of the purposes of the constitution in the a'bsence of such a declaration, the judicial commissigner's court will not be competent to exercise the powers of a high court and no appeal will he to the supreme court the bill accordingly seeks to declare the judicial commissioner's court for goa, daman and diu to be a high court for certain purposes and to apply thereto provisions of chapter v of part vi of the constitution with certain ekceptions and modifications 2 provision has also been made for appeals to the supreme court against judgments, decrees and orders of the tribunal de relacao: (a) passed before 20th december, 1961, in respect of which appeals lay to the superior courts in portugal, and (b) passed on or after 20th december, 1961, in respect of which appeals could not be preferred in the absence of necessary provisions 3 constitution of the judicial commissioner's court has rendered superfluous the provisions of section 7 of the goa, daman and diu (administration) act, 1962, enabling the central government to extend the jurisdiction of the high court at bombay to the union territory of goa, daman and diu section 7 of the said act is, therefore, being repealed new dblm; jawaharlal nehru the 12th december, 1963  annexure erruct i'rom the goaj daman and diu (administration) act, 1962(1 of 1962)     -  7 a3 from such date as the central- government may, by notifi- e~' s on,of cation in the official gazette, specify, the jurisdiction of the high ~:nj~flsdlc-court at bombay shall extend to goa, daman and diu bombay high court ie goa, daman and diu  - a bill to declare the judicial commissioner's court for goa, daman and diu to be a high court for certain purposes of the constitution - (shri jljfjhjharlal nehru, prime minister) 