Bengal, Agra and Assam Civil Courts Act,1887
Act No : 12
Section :
Power to confer powers of Civil Courts on officers.
36. Power to confer powers of Civil Courts on officers. (1) The State Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office,- (a) any officer in the Chutia Nagpur, 4[Sambalpur,] Jalpaiguri or Darjeeling District, or in any part of the territories administered by the Chief Commissioner of Assam except the district of Sylhet, or, (b) after consultation with the High Court, any officer serving in any other part of the territories to which this Act extends and belonging to a class defined in this behalf by the State Government 5* * *. (2) Nothing in 6[sections 4, 5, 6, 8, 10 or 11] applies to any officer so invested, but all the other provisions of this Act shall, so far as ---------------------------------------------------------------------- 1 In Bengal and Assam the limits are seven hundred and fifty and three hundred, respectively: see Ben. Act 19 of 1935 and Assam Act 6 of 1935. 2 Subs. by Act 16 of 1911, s. 4, for " one hundred rupees ". 3 Ins. by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Pt. 1. 4 Ins. by the Sambalpur Civil Courts Act, 1906 (Ben. 4 of 1906), s. 6. 5 The words "with the previous sanction of the G. G. in C." were rep. by Act 38 of 1920, s. 2 and Sch. I, Pt. I. 6 Subs. by the A. O. 1937, for "sections 4 to 8 (both inclusive), or sections 10 to 12 (both inclusive), or sections 27 to 35 (both inclusive)". ---------------------------------------------------------------------- 80 those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested. (3)Where, in the territories mentioned in clause (a) of sub- section (1), the same local jurisdiction is assigned to two or more officers invested with the powers of a Munsif, the officer invested with the powers of a District Judge may, with the previous sanction of the State Government, delegate his functions under sub-section (2) of section 13 to an officer invested with the powers of a Subordinate Judge or to one of the officers invested with the powers of a Munsif. (4)Where the place at which the Court of an officer invested with powers under sub-section (1) is to be held has not been fixed under section 14, the Court may be held at any place within the local limits of its jurisdiction.
Read All Comments
