Transport Act, 1944

Transfer of certain jurisdictions of the railway tribunal to the High Court.

106.—(1) On the establishment date there shall be transferred to and vested in the High Court the several jurisdictions which, immediately before the establishment date, were vested in or capable of being exercised by the railway tribunal—

(a) by virtue of section 23 of the Railways Act, 1924 (No. 29 of 1924), or

(b) by virtue of section 58 of the Railways Act, 1924 (No. 29 of 1924), or

(c) by virtue of section 30 of the Road Transport Act, 1932 (No. 2 of 1932).

(2) Any proceedings, which are pending before the railway tribunal immediately before the establishment date and which relate to matters in respect of which jurisdiction is, by virtue of subsection (1) of this section, to be exercised, on and after the establishment date, by the High Court, may, upon the application to the High Court of either party, be transferred to the High Court and may thereupon be continued and concluded in all respects as if those proceedings had been originally instituted before the High Court.

(3) On and after the establishment date, every mention or reference contained, by virtue of the adaptation effected by subsection (2) of section 23 of the Railways Act, 1924 , in any British statute of or to the railway tribunal shall, so far as relates to the jurisdiction vested in the railway tribunal by the said section 23 and transferred to the High Court by this section, be construed and have effect as a mention of or a reference to the High Court.

(4) The reference in subsection (5) of section 58 of the Railways Act, 1924 , and in section 30 of the Road Transport Act, 1932 , to the railway tribunal shall, on and after the establishment date, be construed and take effect as a reference to the High Court.