The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965

(1) This Act may be called the Goa, Daman and Diu(Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (a) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu; (b) "Lieutenant-Governor" means the administrator of Goa, Daman and Diu appointed by thePresident under article 239 of the Constitution.

The Code of Civil Procedure, 1908 (5 of 1908), and the Arbitration Act, 1940 (10 of 1940), asin force in the territories to which they generally extend, are hereby extended to, and shall be in forcein, Goa, Daman and Diu.

(1) So much of any law in force in Goa, Daman and Diu as correspondsto the Code of Civil Procedure, 1908 (5 of 1908), or the Arbitration Act, 1940 (10 of 1940), or anypart of the said Code or Act, as the case may be, shall stand repealed as from the coming into force ofthis Act in Goa, Daman and Diu: Provided that the repeal shall not affect-- (a) the previous operation of any law so repealed or anything duly done or sufferedthereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law sorepealed, or (c) any investigation, legal proceeding or remedy in respect of any such right, privilege,obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as ifthis Act had not been passed: Provided further that, subject to the preceding proviso, notifications published, declarations andrules made, places appointed, agreements filed, awards made or filed, scales prescribed, formsframed, appointments made and powers conferred under any law so repealed shall, so far as they areconsistent with the said Code or, as the case may be, the said Act have the same force and effect as ifthey had been respectively published, made, appointed, filed, prescribed, framed and conferred underthe said Code or the said Act and by the authority empowered thereby in such behalf. (2) In every law or notification passed or issued before the commencement of this Act in whichreference is made to or to any Chapter or section or provision of any law hereby repealed, suchreference shall, so far as may be practicable, be taken to be made to the said Code or, as the case maybe, to the said Act or its corresponding Part, Order, section or rule.

(1) In the Code of Civil Procedure, 1908 (5 of 1908), and in theArbitration Act, 1940 (10 of 1940), (a) any reference to any provision of law not in force, or to any functionary not in existence,in Goa, Daman and Diu shall be construed as a reference to the corresponding law in force, or tothe corresponding functionary in existence, in that Union territory: Provided that (i) if any question arises as to who that corresponding functionary is, or (ii) if there is no such corresponding functionary, the Lieutenant-Governor shall decide as to who such functionary will be and his decision shallbe final; (b) any reference to the State Government shall be construed as a reference to the CentralGovernment and also as including a reference to the Lieutenant-Governor. (2) For the purpose of facilitating the application in relation to Goa, Daman and Diu of the saidCode or the said Act, any court or other authority may construe it in such manner not affecting thesubstance as may be necessary or proper to adapt it to the matter before the court or other authority.