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

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

Act, 1965 
 
 
 
 
 
 
 
 
 
 
 
 



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

The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the 
Arbitration) Act, 1965 (No. 30 of 1965 [25-9-1965] published in the Government 
Gazette, Series I No.  
 

Arrangement of Sections 

1 Short title and commencement 
2 Definitions 
3 Extension of Code of Civil Procedure and 

Arbitration Act, 1940, to Goa, Daman 
and Diu 

4 Repeal and saving 
5 Rules of construction 
6 Power to remove difficulties 
7 Consequential provision 

 
GOVERNMENT OF GOA, DAMAN AND DIU 

Law Department 
___ 

Notification 
L.D. 40/65 

The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the 
Arbitration Act) Act, 1965, passed by the Central Government, is hereby published for 
the general information. 

Kant Desai, Under Secretary. 

Panjim, 19th October, 1965. 
______ 

 

Ministry of Law 
(Legislative Department) 

New Delhi, the 27th September, 1965/Asvina 5, 1887 (Saka) 
The following Act of Parliament received the assent of the President on the 25th 

September, 1965, and is hereby published for general information:— 
 

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

No. 30 of 1965    [25th September, 1965] 
 

An Act to provide for the extension of the Code of Civil Procedure, 1908, and the 
Arbitration Act, 1940, to the Union territory of Goa, Daman and Diu and for certain 
other matters. 
Be it enacted by Parliament in the Sixteenth Year of the Republic of India as 

follows:— 



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1. Short title and commencement.— (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 date as the Central Government may, by 
notification in the Official Gazette, appoint. 

2. Definitions.— 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 the President under article 239 of the Constitution. 

3. Extension of Code of Civil Procedure and Arbitration Act, 1940, to 
Goa, Daman and Diu.— The Code of Civil Procedure, 1908, and the 
Arbitration Act, 1940, as in force in the territories to which they generally 
extend, are hereby extended to and shall be in force in Goa, Daman and Diu. 

 

5 of 1908. 

10 of 1940. 

 

4. Repeal and saving.— (1) So much of any law in force in Goa, Daman 
and Diu as corresponds to the Code of Civil Procedure, 1908, or the 
Arbitration Act, 1940, or any part of the said Code or Act, as the case may 
be, shall stand repealed as from the coming into force of this Act in Goa, 
Daman and Diu: 

 

5 of 1908. 

 

10 of 1940. 

Provided that the repeal shall not affect— 
 

(a) The previous operation of any law so repealed or anything duly done or suffered 
thereunder, or 

 

(b) Any right, privilege, obligation or liability acquired, accrued or incurred under 
any law so repealed, 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 if this Act had not been passed: 

Provided further that, subject to the preceding proviso, notifications published, 
declarations and rules made, places appointed, agreements filed, awards made or filed, 
scales prescribed, forms framed, appointments made and powers conferred under any law 
so repealed shall, so far as they are consistent with the said Code or, as the case may be, 
the said Act have the same force and effect as if they had been respectively published, 
made, appointed, filed, prescribed, framed and conferred under the 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 which reference is made to or to any Chapter or section or provision of any law hereby 
repealed, such reference shall, so far as may be practicable, be taken to be made to the 
said Code or, as the case may be, to the said Act or its corresponding Part, Order, section 
or rule. 

 



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5. Rules of construction.—  (1) In the Code of Civil Procedure, 1908, 
and in the Arbitration Act, 1940,— 

5 of 1908. 
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 to the 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 
shall be final; 

(b) Any reference to the State Government shall be construed as a reference to the 
Central Government 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 said Code or the said Act, any court or other authority may construe it in such manner 
not affecting the substance as may be necessary or proper to adapt it to the matter before 
the court or other authority. 

6.  Power to remove difficulties.—  If any difficulty arises in giving 
effect in Goa, Daman and Diu to the provisions of the Code of Civil 
Procedure, 1908 or the Arbitration Act, 1940, extended by this Act to that 
Union territory, the Central Government may, by order in the Official 
Gazette, make such provisions or give such directions as appear to it to be 
necessary for the removal of the difficulty. 

 
 
 

5 of 1908.  
10 of 1940. 

 

7. Consequential provision.— As from the commencement of this Act, 
in the Goa, Daman and Diu (Judicial Commissioner’s Court) Regulation, 
1963,— 

 

 
Reg. 10 of 
1963. 

(i) In section 8, in sub-section (1), the words “Subject to the provisions of any law 
for the time being in force” shall be inserted at the commencement; 

 
(ii)  In section 16, after the words “subject to the provisions of this Regulation”, the 

words “and until other provision is made by law” shall be inserted; 
 
(iii) In section 17, in sub-section (1),  after the word  “shall”  the words, “until other 

provision is made by law”, shall be inserted. 
 
 

 
 

  R. C. S.  SARKAR, 
  Secy. to  the Govt. of India.