THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN 
AND DIU) ACT, 1981 
___________ 

ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu. 
4.  Jurisdiction of Bombay High Court. 
5.  Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising 

jurisdiction over the Union territory of Goa, Daman and Diu. 

6.  Special provisions relating to advocates. 
7.  Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay 

High Court. 

8.  Right to appear or act in proceedings transferred to the Bombay High Court. 
9.  Establishment of a permanent bench of Bombay High Court at Panaji. 
10.  Allocation of expenditure of the Bombay High Court. 
11.  Rule of construction. 
12.  [Repealed.] 
13.  Power to remove difficulties. 
14.  Power to adapt laws. 

1 

 
 
 
THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN 
AND DIU) ACT, 1981 

ACT NO. 26 OF 1981 

[9th September, 1981.] 

An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union 
territory of  Goa, Daman and Diu, for the  establishment of a permanent  bench of that High 
Court at Panaji and for matters connected therewith. 

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  High  Court  at  Bombay 

(Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. 

(2)  It  shall  come  into  force  on  such  date1as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “appointed day” means the date on which this Act comes into force; 

(b) “Court of the Judicial Commissioner” means the Court of the Judicial Commissioner for Goa, 

Daman and Diu. 

3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.—(1) On and from 
the  appointed  day,  the  jurisdiction  of  the  High  Court  at  Bombay  shall  extend  to  the  Union  territory  of 
Goa, Daman and Diu. 

(2) On and from the appointed day, the Court of the Judicial Commissioner shall cease to function 

and is hereby abolished: 

Provided  that  nothing  in  this  sub-section  shall  prejudice  or  affect  the  continued  operation  of  any 
notice  served,  injunction  issued,  direction  given  or  proceedings  taken  before  the  appointed  day  by  the 
Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon 
that Court. 

4.  Jurisdiction  of  Bombay  High  Court.—On  and  from  the  appointed  day,  the  High  Court  at 
Bombay shall have, in respect of the territories included in the Union territory of Goa, Daman and Diu, all 
such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, 
are exercisable in respect of the said territories by the Court of the Judicial Commissioner. 

5.  Chapter  VI  of  Part  VI  of  the  Constitution  to  apply  to  the  Bombay  High  Court  exercising 
jurisdiction over the Union territory of Goa, Daman and Diu.—The provisions of Chapter VI of Part 
VI  of  the  Constitution  shall  apply  to  the  High  Court  at  Bombay  in  relation  to  the  exercise  of  its 
jurisdiction  to  the  Union  territory  of  Goa,  Daman  and  Diu,  subject  to  the  following  exceptions  and 
modifications, namely:— 

(a)  the  references  in  the  said  Chapter  to  “State”  except  where  it  occurs  in  the  expression 
“Governor of the State” shall be construed as references to the Union territory of Goa, Daman and 
Diu; 

(b) in clause (1) of article 233 and in article 234, the references to the Governor of the State, and 
in article 237, the reference to the Governor, shall be construed as references to the Administrator of 
the Union territory of Goa, Daman and Diu; 

(c) the provisions of article 233A shall not apply; 

1. 30th October, 1982, vide notification No. G.S.R. 592(E), dated 8th October, 1982, see Gazette of India, Extraordinary,  
    Part II, sec. 3(i). 

2 

                                                           
 
(d) in article 234, the reference to the State Public Service Commission shall be construed as a 

reference to the Union Public Service Commission. 

6.  Special  provisions  relating  to  advocates.—Subject  to  any  rule  made  or  direction  given  by  the 
High  Court  at  Bombay  in  this  behalf,  any  person  who,  immediately  before  the  appointed  day,  is  an 
advocate entitled to practise in the Court of the Judicial Commissioner shall be entitled to practise as an 
advocate in the High Court at Bombay. 

7. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay 
High Court.—(1) All proceedings pending in the Court of the Judicial Commissioner immediately before 
the appointed day shall stand transferred to the High Court at Bombay. 

(2)  Every  proceeding  transferred  under  sub-section  (1)  shall  be  disposed  of  by  the  High  Court  at 

Bombay as if such proceeding were entertained by that High Court. 

(3) Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all 
purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay. 

8. Right to appear or act in proceedings transferred to the Bombay High Court.—Any person 
who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial 
Commissioner  and  was  authorised  to  appear  or  to  act  in  any  proceedings  transferred  from  that  Court 
under section 7, shall have the right to appear or to act, as the case may be, in the High Court at Bombay 
in relation to those proceedings. 

9.  Establishment  of  a  permanent  bench  of  Bombay  High  Court  at  Panaji.—On  and  from  the 
appointed day, there shall be established a permanent bench of the High Court at Bombay at Panaji and 
such Judges of the High Court at Bombay, being not less than two in number, as the Chief Justice of that 
High Court may, from time to time, nominate, shall sit at Panaji in order to exercise the jurisdiction and 
power for the time being vested in that High Court in respect of cases arising in the Union  territory of 
Goa, Daman and Diu: 

Provided that the Chief Justice of that High Court may, in his discretion order that any case or class of 

cases arising in such territory shall be heard at Bombay. 

10. Allocation of expenditure of the Bombay High Court.—The expenditure in respect of the High 
Court  at  Bombay,  including  the  expenditure  in  respect  of  the  salaries  and  allowances  of  the  Judges, 
officers and servants of the High Court shall, as from the appointed day, be allocated between the State of 
Maharashtra and the Union in such proportion as the President may, by order, determine. 

11. Rule of construction.—References in any law in force in the Union territory of Goa, Daman and 
Diu  to  the  Court  of  the  Judicial  Commissioner  shall,  on  and  from  the  appointed  day,  be  construed  in 
relation to that territory as references to the High Court at Bombay. 

12. [Amendment of Goa, Daman and Diu Act 16 of 1965].—Rep. by the Repealing and Amending 

Act, 1988 (19 of 1988) s.2 and the First Schedule (w.e.f. 31-3-1988). 

13. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order notified in the Official Gazette, make such provision, not 
inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal 
of the difficulty: 

Provided that no such order shall be made after the expiry of a period of two years from the appointed 

day. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order. 

3 

14. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the 
Union territory of Goa, Daman and Diu, the Central Government may, before the expiration of two years 
from the appointed day, by order, make such adaptations and modifications of the law, whether by way of 
repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Act and 
thereupon  every  such  law  shall  have  effect  subject  to  the  adaptations  and  modifications  so  made  until 
altered, repealed or amended by a competent legislature or other competent authority. 

4 

