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The Bengal, Agra and Assam Civil Courts Act, 1887

Chapter VII — SUPPLEMENTAL PROVISIONS

Section 36Power to confer powers of Civil Courts on officers

Read in the full Act
Section 36: 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, [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 *** .

(2)

Nothing in [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 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 sanc tion 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.

Amendment notes (3)
  1. Ins . Ins. by 4 of 1906, s. 6.
  2. rep . The words "with the previous sanction of the G. G. in C." rep. by Act 38 of 1920, s. 2 and the First Schedule, Part I.
  3. Subs . 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)".
State amendments

Assam

Amendment of section 36.— In section 36 of the principal Act, in clause (a) of sub-section (1), for the words "territories administered by the Chief Commissioner of Assam except the district of Sylhet" occurring between the words "the" and "or" the words "State of Assam" shall be substituted.

[Vide Assam Act 9 of 1965, s. 4]