28. Common High Court for Assam, Nagaland, Meghalaya, Manipur and Tripura.—(1) On and from the appointed day,— (a) the High Court of Assam and Nagaland shall cease to function and is hereby abolished; (b) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura); (c) the Judges of the High Court of Assam and Nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court: 1 [Provided that on and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the common High Court shall be the High Court for the States of Assam, Arunachal Pradesh, Mizoram and Nagaland and shall cease to have its jurisdiction, powers and authority for the States of Meghalaya, Manipur and Tripura.] (2) Nothing in clause (a) of 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 the High Court of Assam and Nagaland under the powers then conferred upon that Court. 2 [28A. Establishment of separate High Courts for the States of Meghalaya, Manipur and Tripura.—(1) On and from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, there shall be a High Court— (a) for the State of Meghalaya to be called the High Court of Meghalaya; (b) for the State of Manipur to be called the High Court of Manipur; (c) for the State of Tripura to be called the High Court of Tripura. (2) The principal seat of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall respectively be at such place as the President may, by notified order, appoint. (3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura may sit at such other place or places in the States of Meghalaya, Manipur and Tripura respectively, other than their principal seat as the Chief Justice of the respective High Court may, with the approval of the Governor of the State concerned, appoint. 1. The proviso ins. by Act 26 of 2012, s. 3 (w.e.f. 23-3-2013). 2. Ins. by s. 4, ibid. (w.e.f. 23-3-2013). 14 28B. Judges of High Courts of Meghalaya, Manipur and Tripura.—(1) Such of the Judges of the common High Court holding office immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be. (2) Every person who by virtue of sub-section (1) become a Judge of the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura shall, except in the case where any such person is appointed to be the Chief Justice of any of those High Courts, rank in the respective High Court according to the priority of their respective appointments as Judges of the common High Court. 28C. Jurisdiction of High Courts of Meghalaya, Manipur and Tripura.—The High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall have, in respect of any part of the territories included in the State of Meghalaya, the State of Manipur and the State of Tripura respectively, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, are exercisable in respect of that part of the said territories by the common High Court. 28D. Custody of seal of High Courts of Meghalaya, Manipur and Tripura.—The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya, the High Court of Manipur and the High Court of Tripura, as the case may be. 28E. Practice and procedure in the High Courts of Meghalaya, Manipur and Tripura.—The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to practice and procedure in the common High Court shall, with necessary modifications, apply in relation to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura, and accordingly, the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall, respectively, have all such powers to make rules and orders with respect to practice and procedure as are immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 exercisable by the common High Court: Provided that any rules or orders which are in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, apply with the necessary modifications in relation to the practice and procedure in the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura respectively, as if such rules or orders were made by the respective High Court. 28F. Forms of writs and other processes.—The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya, the High Court of Manipur and the High Court of Tripura. 28G. Powers of Judges.—The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya, the High Court of Manipur and the High Court of Tripura. 28H. Procedure as to appeals to Supreme Court.—The law in force immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 relating to appeals to the Supreme Court from the common High Court and the Judges and division 15 courts thereof shall, with the necessary modifications, apply in relation to the High Courts of Meghalaya, Manipur and Tripura. 28-I. Transfer of proceedings from common High Court to the High Courts of Meghalaya, Manipur and Tripura.—(1) Except as hereinafter provided, the common High Court shall, as from the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura. (2) Such proceedings pending in the common High Court immediately before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 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 Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be. (3) Notwithstanding anything contained in sub-sections (1) and (2) or in section 28A, but save as hereinafter provided, the common High Court shall have, and the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura shall not have, jurisdication 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 North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012: 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 Meghalaya or the High Court of Manipur or the High Court of Tripura, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the common High Court— (a) before the commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, in any proceedings transferred to the High Court of Meghalaya, or the High Court of Manipur or the High Court of Tripura by virtue of sub-section (2); or (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 Meghalaya, or the High Court of Manipur or the High Court of Tripura, as the case may be. 28J. Interpretation.—For the purposes of section 28H,— (a) proceedings shall be deemed to be pending in a Court until that Court has disposed of 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; 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. 28K. Saving.—Nothing in sections 28A to 28J (both inclusive) shall affect the application to the High Court of Meghalaya, the High Court of Manipur and the High Court of Tripura 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 North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 with respect to the respective High Court by any Legislature or other authority having power to make such provisions.] 16 29. Jurisdiction of the common High Court.—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. 30. Abolition of certain Courts.—(1) On and from the appointed day, the 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. 31. Principal seat and other places of sitting of the common High 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. 32. Extension of jurisdiction of the common High Court to the Union territories of Mizoram and Arunachal Pradesh.—On and from the appointed day, the jurisdiction of the common High Court shall extend to the Union territories of Mizoram and Arunachal Pradesh: 2 [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.] 33. Allocation of expenditure of the common High Court.—The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of 3 [Arunachal Pradesh, Mizoram and Nagaland] and the Union in such proportion as the President may, by order, determine. 34. Special provisions relating to advocates and Bar Council.—(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 enrolment as advocates. 1. Subs. by Act 26 of 2012, s. 5, for “Assam, Manipur, Meghalaya, Nagaland or Tripura” (w.e.f. 23-3-2013). 2. The proviso ins. by s. 6, ibid. (w.e.f. 23-3-2013). 3. Subs. by s. 7, ibid., for “Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013). 17 (3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter 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 rules, 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 enrolment under the Indian Bar Councils Act, 1926,” (38 of 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 18 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. 35. Practice and procedure in the common High Court.—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. 36. Custody of seal of 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. 37. Form of writs and other processes.—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. 38. Powers of Judges.—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. 39. Procedure as to appeals to Supreme 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. 40. Transfer of proceedings from the High Court of Assam and Nagaland and the Courts of the Judicial Commissioners 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. 19 (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. 41. Interpretation.—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. 42. Right to appear or act in proceedings transferred to the common High Court.—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. 43. Savings.—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.