21. High Court for Himachal Pradesh.—(1) On and from the appointed day, there shall be a
separate High Court for the State of Himachal Pradesh (hereinafter referred to as the High Court of
Himachal Pradesh).
(2) The principal seat of the High Court of Himachal Pradesh shall be at Simla.
22. Judges of High Court.—(1) The President may, if he thinks fit, direct that such of the Judges of
the High Court of Delhi holding office immediately before the appointed day as may be determined by
him, shall on that day cease to be Judges of the High Court of Delhi and become Judges of the High Court
of Himachal Pradesh.
(2) The persons who by virtue of sub-section (1) becomes Judges of the High Court of Himachal
Pradesh shall, except in the case where any such person is appointed to be the Chief Justice of the High
Court, rank in that Court according to the priority of their respective appointments as Judges of the High
Court of Delhi.
23. Jurisdiction of High Court.—The High Court of Himachal Pradesh shall have, in respect of any
part of the territories comprised in the State of Himachal Pradesh, all such jurisdiction, powers and
authority as, under the law in force immediately before the appointed day, are exercisable in respect of
that part of the said territories by the High Court of Delhi.
24. Special provision relating to Advocates and Bar Council.—(1) Subject to any rule made or
direction given by the High Court of Himachal Pradesh in this behalf, any person who immediately before
the appointed day is an advocate entitled to practise in the High Court of Delhi shall be entitled to practise
as an advocate in the High Court of Himachal Pradesh.
(2) The right of audience in the High Court of Himachal Pradesh 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 Delhi.
(3) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter in this section
referred to as the Advocates Act), in section 3,—
(a) in sub-section (1), for clause (d), the following clauses shall be substituted, namely:—
“(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known
as the Bar Council of Punjab and Haryana;
(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;
(b) in clause (b) of sub-section (2), after the words “Bar Council of Orissa”, the words “, the Bar
Council of Himachal Pradesh” shall be inserted.
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(4) The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar
Council of Himachal Pradesh 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 on the roll of the Bar Council of Punjab and
Haryana immediately before the day appointed under clause (b) of section 2 of the State of
Himachal Pradesh Act, 1970, and who within three months from that day express in such manner
as the Bar Council of India may, by rules, prescribe an intention in writing to practise within the
jurisdiction of the Bar Council of Himachal Pradesh”;
(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 Punjab and Haryana” 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 Himachal Pradesh under that Act, the fifteen members
required to be elected under clause (b) of sub-section (2) of section 3 of that Act, as amended by
sub-section (3), shall be nominated by the Chief Justice of the High Court of Himachal Pradesh from
amongst advocates who are entitled as of right to practise in the High Court of Himachal Pradesh and
are ordinarily practising within the territories comprised in the State of Himachal 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) until the members of the first Bar Council of Himachal Pradesh required to be nominated
under clause (a) are duly nominated in accordance with the provisions of that clause, the Bar Council
of Punjab and Haryana shall function as the Bar Council of Himachal Pradesh and the provisions of
the Advocates Act shall, so far as may be, apply accordingly;
(c) the names of persons entered on the roll of the Bar Council of Himachal Pradesh 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 Punjab and Haryana;
(d) any proceedings which may be pending or which may be instituted against any person before
or by the Bar Council of Punjab and Haryana immediately before his name is removed under clause
(c) from the roll of that Bar Council may after such removal be continued or instituted before or by
the Bar Council of Himachal Pradesh;
(e) every person who immediately before his name stands removed from the roll of the Bar
Council of Punjab and Haryana in accordance with the provisions of clause (c) is a member of the Bar
Council of Punjab and Haryana 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;
(f) the rules made or deemed to have been made by the Bar Council of Punjab and Haryana and in
force immediately before the date on which the first Bar Council of Himachal Pradesh 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 Himachal Pradesh, be
deemed to be rules made by the Bar Council of Himachal Pradesh and shall have effect accordingly.
(6) As soon as may be, after the first Bar Council of Himachal Pradesh is duly constituted in
accordance with the provisions of clause (a) of sub-section (5), the assets and liabilities of the Bar
Council of Punjab and Haryana shall be apportioned between that Bar Council and the Bar Council of
Himachal Pradesh in such manner and proportion as may be agreed upon by the two 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.
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25. Practice and procedure in 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 Delhi
shall, with the necessary modifications, apply in relation to the High Court of Himachal Pradesh.
26. Custody of seal of High Court.—The law in force immediately before the appointed day with
respect to the custody of the seal of the High Court of Delhi shall, with the necessary modifications, apply
with respect to the custody of the seal of the High Court of Himachal Pradesh.
27. 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 Delhi
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 Himachal Pradesh.
28. 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 Delhi 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 Himachal Pradesh.
29. 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 Delhi and the Judges and
division courts thereof, shall, with the necessary modifications, apply in relation to the High Court of
Himachal Pradesh.
30. Transfer of proceedings from High Court of Delhi to High Court of Himachal
Pradesh.—(1) Except as hereinafter provided, the High Court of Delhi shall, on and from the appointed
day, have no jurisdiction in respect of the territories comprised in the State of Himachal Pradesh.
(2) Such proceedings pending in the High Court of Delhi immediately before the appointed day 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 Himachal Pradesh shall, as soon as may be after such certification, be
transferred to the High Court of Himachal Pradesh.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 23, but
save as hereinafter provided, the High Court of Delhi shall have, and the High Court of Himachal Pradesh
shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal 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 High Court of Delhi before the appointed day:
Provided that if, after any such proceedings have been entertained by the High Court of Delhi, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Himachal Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon
be transferred accordingly.
(4) Any order made by the High Court of Delhi—
(a) before the appointed day, in any proceedings transferred to the High Court of Himachal
Pradesh by virtue of sub-section (2); or
(b) in any proceedings with respect to which the High Court Delhi retains jurisdiction by virtue of
sub-section (3),
shall, for all purposes, have effect not only as an order of the High Court of Delhi, but also as an order
made by the High Court of Himachal Pradesh.
Explanation.—For the purposes of this section—
(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;
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(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.
31. Right to appear or to act in proceedings transferred to High Court of Himachal
Pradesh.—Any person who, immediately before the appointed day, is an advocate entitled to practice in
the High Court of Delhi and was authorised to appear or to act in any proceedings transferred from that
High Court to the High Court of Himachal Pradesh under section 30 shall have the right to appear or to
act, as the case may be, in the High Court of Himachal Pradesh in relation to those proceedings.
32. Savings.—Nothing in this Part shall affect the application to the High Court of Himachal Pradesh
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 provision.