The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration) Act has been enacted on 19th October 1965. This is an Act established in order to extend the Code of Civil Procedure, 1908 (CPC) and the Arbitration Act, 1940 in the Union Territory of Goa, Daman and Diu.
The CPC and the Arbitration Act, 1940 to the entire part of Goa, Daman and Diu. Many Laws in force in Goa, Daman and Diu in pursuance to CPC and the Arbitration Act, 1940 shall stand repealed. These repeals shall not affect the previous such repeals of any laws made prior. This Repeal shall also not affect the rights and a power conferred before by any such previous repeals and also shall not affect any legal proceedings and investigations.
These legal proceedings as well as investigations shall remains as if this Act has not been enforced. This proceeding provisions shall not remains and could not be made for already proceeded matters and awarded or powers conferred, etc, under any law so repealed that are proceeded consistently without prejudice with the Code by such competent authority.
In case of any laws and notifications that are passed before the commencement of this Act that are followed with the provision, laws that are repealed shall be taken to be made to the said code or any other laws with its corresponding Order, rules and Sections, etc,.
In case of any reference made on any provision of law not in force in CPC and Arbitration Act, 1940 shall be interpreted in accordance with the reference with the corresponding laws in force in Goa, Daman and Diu and its functionary in existence. The functionary shall be decided by Lieutenant Governor with the head of State Government.
In case of proceedings with the application in pursuance to Goa, Daman and Diu of the said Code or Act any Court or any other authority shall interpret without affecting the Objectives as it is necessary to adopt in any Court or any other authority.
In case of any difficulties in making any laws or provisions of the Code of Civil Procedure, 1908 and the Arbitration Act, 1940 in extending its provision to whole Goa, Daman and Diu, the Central Government may by Order remove such difficulties through a notification in the Official Gazette.
by C.Srivenkatesh Prabhu.