THE GOA, DAMAN AND DIU (EXTENSION OF THE CODE OF CIVIL PROCEDURE 
AND THE ARBITRATION ACT) ACT, 1965 

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ARRANGEMENT OF SECTIONS 
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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 provisions. 

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THE GOA, DAMAN AND DIU (EXTENSION OF THE CODE OF CIVIL PROCEDURE 
AND THE ARBITRATION ACT) ACT, 1965  

ACT 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:—  

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 date1 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 (5 of 1908), and the Arbitration Act, 1940 (10 of 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. 

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 (5 of 1908), or the Arbitration Act, 1940 (10 of 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part of the said Code or Act, as the case may be, shall stand repealed as from the coming into force of 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:  

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(a)  the  previous  operation  of  any  law  so  repealed  or  anything  duly  done  or  suffered 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. 

1.  15th,  June,  1966,  vide  notification  No.  S.O.  1597(E),  dated  24th,  June,  1966,  see  Gazette  of  India,  Extraordinary                          

Part II,  sec. 3(ii).  

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

Arbitration 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 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  (5  of  1908),  or  the  Arbitration                       
Act, 1940 (10 of 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. 

7. Consequential provisions.—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. 

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