POWERS OF ADDITIONAL DISTRICT JUDGES

BENGAL, AGRA AND ASSAM CIVIL COURTS ACT 1887

ACT NO.12 OF 1887

1. Title, extent and commencement. (1) This Act may be called the Bengal, 2[Agra] and Assam Civil Courts Act, 1887.

(2)It extends to the territories 3[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam, except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Courts 4 * * * ; and ---------------------------------------------------------------------- 1 This Act has been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), s. 3, to be in force in the following Scheduled Districts namely:-the districts of Hazaribagh, Ranchi, Palamau and Manbhum, and Parganas Dhalbhum, the Chaibbassa Municipality, and the Porahat Estate in the district of Singhbhum in the Chota Nagpur Division. It has also been declared in force in the Angul District by the Angul Laws Regulation 1936 (5 of 1936), s. 3 and Sch. It is in force in the Sonthal Parganas for certain purposes ; see the Sonthal Parganas Justice Regulation, 1893 (5 of 1893). It has been extended to. the Sambalpur district by the Sambalpur Civil Courts Act, 1906 (Ben. 4 of 1906) ; to the areas transferred to the Province of Orissa from the Madras Presidency and the Central Provinces by the Orissa Laws Regulation, 1936 (1 of 1936), s. 4 ; and to the District of Koraput and certain areas of the Ganjam Agency, by the Koraput and Ganjam Agency Repealing and Extension of Laws Regulation, 1951 (Orissa Regu. 5 of 1951). It has been amended in its application to- West Bengal, by Ben. Act 19 of 1935 and West Ben. Act 59 of 1950; West Bengal Act 16 of 1956. Bihar and Orissa, by B. & O. Act 4 of 1922 ; Agra, by U. P. Acts 5 of 1925 and 4 of 1936 ; and Assam, by Assam Act 6 of 1935. 2 Subs. by Act 16 of 1911, s. 2, for " North-Western Provinces". 3 Subs. by the A. O. 1937 for " for the time being ". 4 The words " and except the Jhansi Division " rep. by Act 20 of 1890, s. 9. Amended in Bihar by Bihar Act 12 of 1960. Amended in Assam by Assam Act 17 of 1974. Amended in West Bengal by W.B. Act 26 of 1969. Amended in Uttar Pradesh by U.P. Act 14 of 1970. Amended in Uttar Pradesh by U.P. Act 57 of 1976. Amended in West Bengal by W.B. Acts 55 & 58 of 1978. Amended in Assam by Assam Act 1 of 1979. ------------------------------------------------------------------------ ---------------------------------------------------------------------- 72

(3) It shall come into force on the first day of July, 1887.

Repeal. 2. Repeal. 1* * * * * *

(2) 1* * * All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and powers conferred and lists published under the Bengal Civil Courts Act, 1871, (6 of 1871)2, or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act ; and

(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, (6 of 1871)2, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAP CONSTITUTION OF CIVIL COURTS CHAPTER II CONSTITUTION OF CIVIL COURTS

Classes of Courts. 3. Classes of Courts. There shall be the following classes of Civil Courts under this Act, namely --

(1) the Court of the District Judge;

(2) the Court of the Additional Judge;

(3) the Court of the Subordinate Judge ; and

(4) the Court of the Munsif.

Number of District Judges, Subordinate Judges and Munsifs. 3[4. Number of District Judges, subordinate Judges and Munsifs. The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]

Number of Munsifs. 5. [Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Part I.

Vacancies among Districts or Subordinate Judges.

6. Vacancies among Districts or Subordinate Judges. (1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of ----------------------------------------------------------------------

1 Sub-section (1) and the word "But" at the beginning of sub-

section (2) were rep. by Act 12 of 1891, s. 2 and Sch. I.

2 Act 6 of 1871 was rep. by s. 2 (1) of this Act. 3 Subs. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, for the original section. ----------------------------------------------------------------------- 73 the Judge or other cause, or whenever 1[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4], the 2[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the Additional District Judges or Subordinate Judges 3* * *.

(2) Nothing in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be.

Vacancies among Munsifs. 7. [Vacancies among Munsifs.] Rep. by the A. O. 1937.

Additional Judges

8. Additional Judges. (1) When the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may, 4[having consulted the High Court 5* * * appoint such Additional Judges as may be requisite.

(2) Additional Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.

Administrative control of Courts. 9.Administrative Control of Courts. Subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.

NOTE

(The position of the additional District Judge is equated with that of the District Judge is equated with that of the District Judge of the disstrict ha ving identical powers as may be conferred relating to discharge of Judicial work – Prosanta Kumar Giri v. Gangadhar Rout, 1977 CHN 357.

The District Judge while exercising powers u/Sec.8 is competent to transfer to the Additional District Judge all cases which he himself is competent to to try. Bijan Kr. Bose vs. Gouri Bose, AIR 1075 Pat 131.)

Temporary charge of District Court.

10.Temporary charge of district Court. (1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall, continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto. ---------------------------------------------------------------------- 1 Subs. by Act 38 of 1920, s. 2 and Sch. I, for " the G. G. in C. has sanctioned an increase of the number of District Judges or Subordinate Judges". 2 Subs. by the A. O. 1937 for "L. G.". 3 The words " as the case may be " were rep., ibid. 4 Subs., ibid., for " upon the recommendation of ". 5 The words "and with the previous sanction of the G. G. in C." were rep. by Act 16 of 1911, s. 3, ---------------------------------------------------------------------- 74

(2)While in charge of the office of the District Judge, the Addi- tional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.

Transfer of proceedings on vacation of office of Subordinate Judge. 11. Transfer of proceedings on vacation of office of Subordinate

Judge. (1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or other- wise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them.

(2)Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred :

(3)Provided that the District Judge may re-transfer to the Court of the Subordinate Judge or his successor any proceedings transferred

under sub-section (1) to his own or any other Court.

(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge on the occurrence of an event referred

to in sub-section (1), and with respect to which that Court has exclu- sive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.

Temporary Charge of office of Munsif. 12. [Temporary charge of office of Munsif.] Rep. by the A.O.

Power to fix local limits of jurisdiction of Courts.

13. Power to fix local limits of jurisdiction of Courts.(1) The State Government may, by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.

(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more Munsifs, the District Judge may assign to each of them such civil business cognizable by the Sub- ordinate Judge or Munsif, as the case may be, as, subject to any general or special orders of the High Court, he thinks fit.

(3) When civil business arising in any local area is assigned by

the District Judge under sub-section (2) to one of two or more Sub- ordinate Judges, or to one of two or more Munsifs, a decree or order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the

local limits fixed by the State Government under sub-section (1). 75

(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a Subordinate Judge or Munsif, as the case may be, within the meaning of this section.

(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.

Place of sitting of Courts.

14. Place of sitting of Courts. (1) The State Government may, by notification in the Official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.

(2)All places at which any such Courts are now held shall be deemed to have been fixed under this section.

Vacations of Courts.