section_href
stringlengths 116
129
| act_enactment_date
unknown | act_short_title
stringlengths 17
166
| act_long_title
stringlengths 0
983
| act_id
stringlengths 4
8
| ministry
stringlengths 0
58
| section_number
stringlengths 1
7
| section_title
stringlengths 0
382
| section_content
stringlengths 31
149k
| section_part_no
stringlengths 1
4
| section_part
stringlengths 1
3.88k
|
|---|---|---|---|---|---|---|---|---|---|---|
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43398§ionno=46&orderno=48 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 46 | Reports by Collectors and subordinate Courts | (1) The Court may call upon the Collector, or upon any court subordinate to the Court, for a report on any matter arising in any proceeding under this Act and treat the report as evidence.
(2) For the purpose of preparing the report the Collector or the Judge of the subordinate Court as the case may be, shall make such inquiry as he deems necessary, and may for the pruposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the 1Code of Civil Procedure (14 of 1882).1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). | 0 | Reports by Collectors and subordinate Courts (1) The Court may call upon the Collector, or upon any court subordinate to the Court, for a report on any matter arising in any proceeding under this Act and treat the report as evidence.(2) For the purpose of preparing the report the Collector or the Judge of the subordinate Court as the case may be, shall make such inquiry as he deems necessary, and may for the pruposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the 1Code of Civil Procedure (14 of 1882).1.See now the Code of Civil Procedure, 1908 (Act 5 of 1908). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43399§ionno=47&orderno=49 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 47 | Orders appealable | An appeal shall lie to the High Court from an order made by a 1*** Court,--
(a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or,
(b) under section 9, sub-section (3), returning an application ; or,
(c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or,
(d) under section 26, refusing leave for, the removal of award from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or,
(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or,
(f) under section 32, defining, restricting or extending the powers of a guardian ; or,
(g) under section 39, removing a guardian ; or,
(h) under section 40, refusing to discharge a guardian; or,
(i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order ; or,
(j) under section 44 or section 45, imposing a penalty.1. The word District rep. by Act 4 of 1926, s. 4. | 0 | Orders appealable An appeal shall lie to the High Court from an order made by a 1*** Court,--
(a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or,
(b) under section 9, sub-section (3), returning an application ; or,
(c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or,
(d) under section 26, refusing leave for, the removal of award from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or,
(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or,
(f) under section 32, defining, restricting or extending the powers of a guardian ; or,
(g) under section 39, removing a guardian ; or,
(h) under section 40, refusing to discharge a guardian; or,
(i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order ; or,
(j) under section 44 or section 45, imposing a penalty.1.The word District rep.by Act 4 of 1926, s.4. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43400§ionno=48&orderno=50 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 48 | Finality of other orders | Save as provided by the last foregoing section and by 1 section 622 of the Code of Civil Procedure (14 of 1882), an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.1. See now s. 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908). | 0 | Finality of other orders Save as provided by the last foregoing section and by 1 section 622 of the Code of Civil Procedure (14 of 1882), an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.1.See now s.115 of the Code of Civil Procedure, 1908 (Act 5 of 1908). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43401§ionno=49&orderno=51 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 49 | Costs | The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this Act, be in the discretion of the Court in which the proceeding is had. | 0 | Costs The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this Act, be in the discretion of the Court in which the proceeding is had. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43402§ionno=50&orderno=52 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 50 | Power of High Court to make rules | (1) In addition to any other power to make rules conferred expressly or impliedly by this Act, the High Court may from time to time make rules consistent with this Act--
(a) as to the matters respecting which, and the time at which, reports should be called for from Collectors and subordinate Courts;
(b) as to the allowances to be granted to, and the security to be required from, guardians, and the cases in which such allowances should be granted;
(c) as to the procedure to be followed with respect to applications of guardians for permission to do acts referred to in sections 28 and 29 ;
(d) as to the circumstances in which such requisitions as arc mentioned in clauses (a), (b), (c) and (d) of section 34 should be made ;
(e) as to the preservation of statements and accounts delivered and exhibited by guardians ;
(ff) as to the inspection of those statements and accounts by persons interested ;
1 (ff) as to the audit of accounts under section 34A, the class of persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them;
(g) as to the custody of money, and securities for money, belonging to wards ;
(h) as to the securities on which money belonging to wards may be invested ;
(i) as to the education of wards for whom guardians, not being Collectors, have been appointed or declared by the Court ; and,
(j) generally, for the guidance of the Courts in carrying out the purposes of this Act.
(2) Rules under clauses (a) and (1) of sub-section (1) shall not have effect until they have been approved by the State Government, nor shall any rule under this section have effect until it has been published in the Official Gazette.1. Ins. by Act 17 of 1929, s. 3. | 0 | Power of High Court to make rules (1) In addition to any other power to make rules conferred expressly or impliedly by this Act, the High Court may from time to time make rules consistent with this Act--
(a) as to the matters respecting which, and the time at which, reports should be called for from Collectors and subordinate Courts;
(b) as to the allowances to be granted to, and the security to be required from, guardians, and the cases in which such allowances should be granted;
(c) as to the procedure to be followed with respect to applications of guardians for permission to do acts referred to in sections 28 and 29 ;
(d) as to the circumstances in which such requisitions as arc mentioned in clauses (a), (b), (c) and (d) of section 34 should be made ;
(e) as to the preservation of statements and accounts delivered and exhibited by guardians ;
(ff) as to the inspection of those statements and accounts by persons interested ;
1 (ff) as to the audit of accounts under section 34A, the class of persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them;
(g) as to the custody of money, and securities for money, belonging to wards ;
(h) as to the securities on which money belonging to wards may be invested ;
(i) as to the education of wards for whom guardians, not being Collectors, have been appointed or declared by the Court ; and,
(j) generally, for the guidance of the Courts in carrying out the purposes of this Act.(2) Rules under clauses (a) and (1) of sub-section (1) shall not have effect until they have been approved by the State Government, nor shall any rule under this section have effect until it has been published in the Official Gazette.1.Ins.by Act 17 of 1929, s.3. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43403§ionno=51&orderno=53 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 51 | Applicability of Act to guardians already appointed by Court | A guardian appointed by, or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules made under it, as if he had been appointed or declared by the Court under Chapter II. | 0 | Applicability of Act to guardians already appointed by Court A guardian appointed by, or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules made under it, as if he had been appointed or declared by the Court under Chapter II. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43404§ionno=52&orderno=54 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 52 | [Repealed | [Amendment of Indian Majority Act.]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule. | 0 | [Repealed [Amendment of Indian Majority Act.]Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43405§ionno=53&orderno=55 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 53 | [Repealed | [Amendment of Chapter XXXI of the Code of Civil Procedure]. Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and the Fifth Schedule. | 0 | [Repealed [Amendment of Chapter XXXI of the Code of Civil Procedure].Rep.by the Code of Civil Procedure, 1908 (5 of 1908), s.156 and the Fifth Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43334§ionno=1&orderno=1 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 1 | Title, extent and commencement | (1) This Act may be called the Charitable Endowments Act, 1890.
(2) It extends to the whole of India, 1***, 2***; and
(3) It shall come into force on the first day of October, 1890.1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
2. The words "inclusive of British Baluchistan" omitted by the A.O. 1948. | 0 | Title, extent and commencement (1) This Act may be called the Charitable Endowments Act, 1890.(2) It extends to the whole of India, 1***, 2***; and
(3) It shall come into force on the first day of October, 1890.1.The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s.95 and the Fifth Schedule (w.e.f.31-10- 2019).2.The words "inclusive of British Baluchistan" omitted by the A.O.1948. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43335§ionno=2&orderno=2 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 2 | Definition | In this Act “charitable purpose” includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship. | 0 | Definition In this Act “charitable purpose” includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43336§ionno=3&orderno=3 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 3 | Appointment and incorporation of treasurer of Charitable Endowments | 1[(1) The Central Government may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for India, and the Government of any State may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for the State].
(2) Such treasurer shall, for the purposes of taking, holding and transferring movable or immovable property under the authority of this Act, be a corporation sole by the name of the treasurer of Charitable Endowments for 2[India or, as the case may be, the State], and, as such treasurer, shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.1. Subs. by the A.O. 1937, for Sub-section (1).
2. Subs. ibid., for "the territories subject to the L.G". | 0 | Appointment and incorporation of treasurer of Charitable Endowments 1[(1) The Central Government may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for India, and the Government of any State may appoint an officer of the Government by the name of his office to be treasurer of Charitable Endowments for the State].(2) Such treasurer shall, for the purposes of taking, holding and transferring movable or immovable property under the authority of this Act, be a corporation sole by the name of the treasurer of Charitable Endowments for 2[India or, as the case may be, the State], and, as such treasurer, shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.1.Subs.by the A.O.1937, for Sub-section (1).2.Subs.ibid., for "the territories subject to the L.G". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43337§ionno=3A&orderno=4 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 3A | Definition of “appropriate Government”, etc | 1[3A. Definition of "appropriate Government", etc.--In the subsequent provisions of this Act the appropriate Government means, as respects a charitable endowment, the objects of which do not extend beyond a single State and are not objects to which the executive authority of the Central Government extends, the Government of the State, and as respects any other charitable endowment the Central Government].1. Ins. ibid | 0 | Definition of “appropriate Government”, etc 1[3A.Definition of "appropriate Government", etc.--In the subsequent provisions of this Act the appropriate Government means, as respects a charitable endowment, the objects of which do not extend beyond a single State and are not objects to which the executive authority of the Central Government extends, the Government of the State, and as respects any other charitable endowment the Central Government].1.Ins.ibid |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43338§ionno=4&orderno=5 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 4 | Orders vesting property in treasurer | (1) Where any property is held or is to be applied in trust for charitable purpose, the 1[appropriate Government], if it thinks fit, may, on application made as hereinafter mentioned, and subject to the other provisions of this section, order, by 2 notification in the Official Gazette, that the property be vested in the treasurer of Charitable Endowments on such terms as to the application of the property or the income thereof as may be agreed on between the 1[appropriate Government] and the person or persons making the application, and the property shall thereupon so vest accordingly.
(2) When any property has vested under this section in a treasurer of Charitable Endowments, he is entitled to all documents of title relating thereto.
3* * * * *
(4) An order under this section vesting property in a treasurer of Charitable Endowments shall not require or be deemed to require him to administer the property, or impose or be deemed to impose upon him the duty of a trustee with respect to the administration thereof.1. Subs. by the A.O. 1937, for "L.G"..
2. For notifications issued under this section conjunction with s. 5, see different local R. and O.
3. Subs-section (3) omitted, ibid. | 0 | Orders vesting property in treasurer (1) Where any property is held or is to be applied in trust for charitable purpose, the 1[appropriate Government], if it thinks fit, may, on application made as hereinafter mentioned, and subject to the other provisions of this section, order, by 2 notification in the Official Gazette, that the property be vested in the treasurer of Charitable Endowments on such terms as to the application of the property or the income thereof as may be agreed on between the 1[appropriate Government] and the person or persons making the application, and the property shall thereupon so vest accordingly.(2) When any property has vested under this section in a treasurer of Charitable Endowments, he is entitled to all documents of title relating thereto.3* * * * *
(4) An order under this section vesting property in a treasurer of Charitable Endowments shall not require or be deemed to require him to administer the property, or impose or be deemed to impose upon him the duty of a trustee with respect to the administration thereof.1.Subs.by the A.O.1937, for "L.G"..2.For notifications issued under this section conjunction with s.5, see different local R.and O.3.Subs-section (3) omitted, ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43339§ionno=5&orderno=6 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 5 | Schemes for administration of property vested in the treasurer | (1) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1[appropriate Government] if it thinks fit, may settle a scheme for the administration of any property which has been or is to be vested in the treasurer of Charitable Endowments, and may in such scheme appoint, by name or office, a person or persons, not being or including such treasurer, toad minister the property.
(2) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1[appropriate Government] may, if it thinks fit, modify any scheme settled under this section or substitute another scheme in its stead.
(3) A scheme settled, modified or substituted under this section shall, subject to the other provisions of this section come into operation on a day to be appointed by the 1[appropriate Government] in this behalf, and shall remain in force so long as the property to which it relates continues to be vested in the treasurer of Charitable Endowments or until it has been modified or another such scheme has been substituted in its stead.
(4) Such a scheme, when it comes into operation, shall supersede any decree or direction relating to the subject-matter thereof insofar as such decree or direction is in any way repugnant thereto, and its validity shall not be questioned in any court, nor shall any court give, in contravention of the provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding the administration of the property to which the scheme relates:
2[Provided that nothing in this sub-section shall be construed as precluding a court from inquiring whether the Government by which a scheme was made was the appropriate Government].
(5) In the settlement of such a scheme effect shall be given to the wishes of the author of the trust so far as they can be ascertained, and, in the opinion of the 1[appropriate Government], effect can reasonably be given to them.
(6) Where a scheme has been settled under this section for the administration of property not already vested in the treasurer of Charitable Endowments, it shall not come into operation until the property has become so vested.31. Subs. by the A.O. 1937, for L.G..
2. Ins., ibid.
3. A proviso to section 5, applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben. 13 of 1934), section 79. | 0 | Schemes for administration of property vested in the treasurer (1) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1[appropriate Government] if it thinks fit, may settle a scheme for the administration of any property which has been or is to be vested in the treasurer of Charitable Endowments, and may in such scheme appoint, by name or office, a person or persons, not being or including such treasurer, toad minister the property.(2) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1[appropriate Government] may, if it thinks fit, modify any scheme settled under this section or substitute another scheme in its stead.(3) A scheme settled, modified or substituted under this section shall, subject to the other provisions of this section come into operation on a day to be appointed by the 1[appropriate Government] in this behalf, and shall remain in force so long as the property to which it relates continues to be vested in the treasurer of Charitable Endowments or until it has been modified or another such scheme has been substituted in its stead.(4) Such a scheme, when it comes into operation, shall supersede any decree or direction relating to the subject-matter thereof insofar as such decree or direction is in any way repugnant thereto, and its validity shall not be questioned in any court, nor shall any court give, in contravention of the provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding the administration of the property to which the scheme relates:
2[Provided that nothing in this sub-section shall be construed as precluding a court from inquiring whether the Government by which a scheme was made was the appropriate Government].(5) In the settlement of such a scheme effect shall be given to the wishes of the author of the trust so far as they can be ascertained, and, in the opinion of the 1[appropriate Government], effect can reasonably be given to them.(6) Where a scheme has been settled under this section for the administration of property not already vested in the treasurer of Charitable Endowments, it shall not come into operation until the property has become so vested.31.Subs.by the A.O.1937, for L.G..2.Ins., ibid.3.A proviso to section 5, applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben.13 of 1934), section 79. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43340§ionno=6&orderno=7 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 6 | Mode of applying for vesting orders and schemes | (1) The application referred to in the two last foregoing sections must be made,--
(a) If the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them; and
(b) If the property is to be applied in trust for such a purpose then by the person or persons proposing so to apply it.
(2) For the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust.1
STATE AMENDMENTS
Uttar Pradesh.--
Addition of section 6-A in Act II of 1890.--After section 6 of the Charitable Endowments Act, 1890, the following shall be inserted as section 6-A.
"6-A. (1) If the State Government is satisfied upon representation made or otherwise, that in any case, where any property has already vested in the Treasurer of Charitable Endowments under section 4 and a scheme has been settled under section 5 that the person or persons acting in the administration thereof are wasting or mal-administering the same, it may by notice require the person or persons to show cause why the scheme settled for administration be not modified or substituted by another scheme.
(2) The notice under sub-section (1) shall be served in such manner as may be specified.
(3) Where the person or persons served with the notice fail to show cause within the time allowed or the Government is satisfied after considering their explanation, if any, and making such enquiry as it may deem necessary that the property is being wasted or mal-administered it may notwithstanding anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.dbtqts
[Vide the Uttar Pradesh Act 37 of 1952, s. 2]1. A new sub-section (3), applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben. 13 of 1934), s. 80. | 0 | Mode of applying for vesting orders and schemes (1) The application referred to in the two last foregoing sections must be made,--
(a) If the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them; and
(b) If the property is to be applied in trust for such a purpose then by the person or persons proposing so to apply it.(2) For the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust.1
STATE AMENDMENTS
Uttar Pradesh.--
Addition of section 6-A in Act II of 1890.--After section 6 of the Charitable Endowments Act, 1890, the following shall be inserted as section 6-A."6-A.(1) If the State Government is satisfied upon representation made or otherwise, that in any case, where any property has already vested in the Treasurer of Charitable Endowments under section 4 and a scheme has been settled under section 5 that the person or persons acting in the administration thereof are wasting or mal-administering the same, it may by notice require the person or persons to show cause why the scheme settled for administration be not modified or substituted by another scheme.(2) The notice under sub-section (1) shall be served in such manner as may be specified.(3) Where the person or persons served with the notice fail to show cause within the time allowed or the Government is satisfied after considering their explanation, if any, and making such enquiry as it may deem necessary that the property is being wasted or mal-administered it may notwithstanding anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.dbtqts
[Vide the Uttar Pradesh Act 37 of 1952, s.2]1.A new sub-section (3), applicable only to Bengal, has been added by the Bengal Wakf Act, 1934 (Ben.13 of 1934), s.80. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43341§ionno=7&orderno=8 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 7 | [Omitted | [Exercise by Governor General in Council of Powers of Local Government]. --Omitted by the A.O. 1937. | 0 | [Omitted [Exercise by Governor General in Council of Powers of Local Government].--Omitted by the A.O.1937. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43342§ionno=8&orderno=9 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 8 | Bare trusteeship of treasurer | (1) Subject to the provisions of this Act, a treasurer of Charitable Endowments shall not, as such treasurer, act in the administration of any trust whereof any of the property is for the time being vested in him under this Act.
(2) Such treasurer shall keep a separate account of each property for the time being so vested insofar as the property consists of securities for money, and shall apply the property or the income thereof in accordance with the provision made in that behalf in the vesting order under section 4 or in the scheme, if any, under section 5, or in both those documents.
(3) In the case of any property so vested other than securities for money, such treasurer shall, subject to any special order which he may receive from the authority by whose order the property became vested in him, permit the persons acting in the administration of the trust to have the possession, management and control of the property and the application of the income thereof, as if the property had been vested in them. | 0 | Bare trusteeship of treasurer (1) Subject to the provisions of this Act, a treasurer of Charitable Endowments shall not, as such treasurer, act in the administration of any trust whereof any of the property is for the time being vested in him under this Act.(2) Such treasurer shall keep a separate account of each property for the time being so vested insofar as the property consists of securities for money, and shall apply the property or the income thereof in accordance with the provision made in that behalf in the vesting order under section 4 or in the scheme, if any, under section 5, or in both those documents.(3) In the case of any property so vested other than securities for money, such treasurer shall, subject to any special order which he may receive from the authority by whose order the property became vested in him, permit the persons acting in the administration of the trust to have the possession, management and control of the property and the application of the income thereof, as if the property had been vested in them. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43343§ionno=9&orderno=10 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 9 | Annual publication of list of properties vested in treasurer | A treasurer of Charitable Endowments shall cause to be published annually in the Official Gazette, at such time as the 1[appropriate Government] may direct, a list of all properties for the time being vested in him under this Act and an abstract of all accounts kept by him under section 2 of the last foregoing section.1. Subs. by the A.O. 1937, for "Local Government". | 0 | Annual publication of list of properties vested in treasurer A treasurer of Charitable Endowments shall cause to be published annually in the Official Gazette, at such time as the 1[appropriate Government] may direct, a list of all properties for the time being vested in him under this Act and an abstract of all accounts kept by him under section 2 of the last foregoing section.1.Subs.by the A.O.1937, for "Local Government". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43344§ionno=10&orderno=11 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 10 | Limitation of functions and powers of treasurer | (1) A treasurer of Charitable Endowments shall always be a sole trustee, and shall not, as such treasurer, take or hold any property otherwise than under the provisions of this Act, or, subject to those provisions, transfer any property vested in him except in obedience to a decree divesting him of the property, or in compliance with a direction in that behalf issuing from the authority by whose order the property became vested in him.
(2) Such a direction may require the treasurer to sell or otherwise dispose of any property vested in him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or other disposal of the property in any such security for money as is 1[specified in the direction], or in the purchase of immovable property.
(3) When a treasurer of Charitable Endowments is divested, by a direction of 2[the appropriate Government] under this section, of any property, it shall vest in the person or persons acting in the administration thereof and be held by him or them on the same trusts as those on which it was held by such treasurer.1. Subs. ibid., for mentioned in section 4, sub-section (3), clause (a), (b), (c), (d), or (e).
2. Subs. ibid., for "the Local Government or the Governor General in Council". | 0 | Limitation of functions and powers of treasurer (1) A treasurer of Charitable Endowments shall always be a sole trustee, and shall not, as such treasurer, take or hold any property otherwise than under the provisions of this Act, or, subject to those provisions, transfer any property vested in him except in obedience to a decree divesting him of the property, or in compliance with a direction in that behalf issuing from the authority by whose order the property became vested in him.(2) Such a direction may require the treasurer to sell or otherwise dispose of any property vested in him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or other disposal of the property in any such security for money as is 1[specified in the direction], or in the purchase of immovable property.(3) When a treasurer of Charitable Endowments is divested, by a direction of 2[the appropriate Government] under this section, of any property, it shall vest in the person or persons acting in the administration thereof and be held by him or them on the same trusts as those on which it was held by such treasurer.1.Subs.ibid., for mentioned in section 4, sub-section (3), clause (a), (b), (c), (d), or (e).2.Subs.ibid., for "the Local Government or the Governor General in Council". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43345§ionno=11&orderno=12 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 11 | Provision for continuance of office of treasurer in certain contingencies | If the office held by an officer of the Government who has been appointed to be treasurer of Charitable Endowments is abolished or its name is changed, the 1[appropriate Government] may appoint the same or another office of the Government by the name of his office to be such treasurer, and thereupon the holder of the latter office shall be deemed for the purposes of this Act to be the successor in office of the holder of the former office.1. Subs. by the A.O. 1937, for "Local Government". | 0 | Provision for continuance of office of treasurer in certain contingencies If the office held by an officer of the Government who has been appointed to be treasurer of Charitable Endowments is abolished or its name is changed, the 1[appropriate Government] may appoint the same or another office of the Government by the name of his office to be such treasurer, and thereupon the holder of the latter office shall be deemed for the purposes of this Act to be the successor in office of the holder of the former office.1.Subs.by the A.O.1937, for "Local Government". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43346§ionno=12&orderno=13 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 12 | Transfer of property from one treasurer to another | 1[Transfer of property from one treasurer to another--If by reason of any alteration of areas or by reason of the appointment of a treasurer of Charitable Endowments for India or for any State for which such a treasurer has not previously been appointed or for any other reason it appears to the Central Government that any property vested in a treasurer of Charitable Endowments should be vested in another such treasurer, that Government may direct that the property shall be so vested and thereupon it shall vest in that other treasurer and his successors as fully and effectually for the purposes of this Act as if it had been originally vested in him under this Act].
STATE AMENDMENTS
Karnataka
Insertion of new section 12A.--After section 12 of the Charitable Endowments Act, 1890 (Central Act 6 of 1890), as in force in the [State of Karnataka], the following section shall be inserted, namely:--
"12A. Delegation of powers.--Where the appropriate Government is the State Government, it may by notification in the official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 13) or rules made thereunder shall, in respect of any endowment which does not exceed rupees ten thousand in value, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification:
Provided that the powers under sections 4 and 5 shall not be delegated to any officer other than the Head of a Department of Government."
[Vide Karnataka Act 19 of 1973, s. 2].1. Subs. ibid., for section 12. | 0 | Transfer of property from one treasurer to another 1[Transfer of property from one treasurer to another--If by reason of any alteration of areas or by reason of the appointment of a treasurer of Charitable Endowments for India or for any State for which such a treasurer has not previously been appointed or for any other reason it appears to the Central Government that any property vested in a treasurer of Charitable Endowments should be vested in another such treasurer, that Government may direct that the property shall be so vested and thereupon it shall vest in that other treasurer and his successors as fully and effectually for the purposes of this Act as if it had been originally vested in him under this Act].STATE AMENDMENTS
Karnataka
Insertion of new section 12A.--After section 12 of the Charitable Endowments Act, 1890 (Central Act 6 of 1890), as in force in the [State of Karnataka], the following section shall be inserted, namely:--
"12A.Delegation of powers.--Where the appropriate Government is the State Government, it may by notification in the official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 13) or rules made thereunder shall, in respect of any endowment which does not exceed rupees ten thousand in value, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification:
Provided that the powers under sections 4 and 5 shall not be delegated to any officer other than the Head of a Department of Government."
[Vide Karnataka Act 19 of 1973, s.2].1.Subs.ibid., for section 12. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43347§ionno=13&orderno=14 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 13 | Power to make rules | 1[Power to make rules.--,2[(1)] The 3[appropriate Government] may 4[, by notification in the Official Gazette], make rules consistent with this Act for
(a) prescribing the fees to be paid to the Government in respect of any property vested under this Act in a treasurer of Charitable Endowments;
(b) regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under section 5;
(c) prescribing the forms in which accounts are to be kept by treasurers of Charitable Endowments and the mode in which such accounts are to be audited; and
(d) generally carrying into effect the purposes of this Act.
4[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the Rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for section 13.
2. Sub-section (2) of section 13 re-numbered as sub-section (1) by Act 56 of 1982, s. 2. Earlier sub-section (1) omitted by the A. O. 1937.
3 Subs. by the A.O. 1937, for "Local Government".
4. Ins. by Act 56 of 1982, s. 2. | 0 | Power to make rules 1[Power to make rules.--,2[(1)] The 3[appropriate Government] may 4[, by notification in the Official Gazette], make rules consistent with this Act for
(a) prescribing the fees to be paid to the Government in respect of any property vested under this Act in a treasurer of Charitable Endowments;
(b) regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under section 5;
(c) prescribing the forms in which accounts are to be kept by treasurers of Charitable Endowments and the mode in which such accounts are to be audited; and
(d) generally carrying into effect the purposes of this Act.4[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the Rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]1.Subs.by Act 38 of 1920, s.2 and the First Schedule, Pt.I, for section 13.2.Sub-section (2) of section 13 re-numbered as sub-section (1) by Act 56 of 1982, s.2.Earlier sub-section (1) omitted by the A.O.1937.3 Subs.by the A.O.1937, for "Local Government".4.Ins.by Act 56 of 1982, s.2. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43348§ionno=14&orderno=15 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 14 | Indemnity to Government and treasurer | No suit shall be instituted against the Government in respect of anything done or purporting to be done under this Act, or in respect of any alleged neglect or omission to perform any duty devolving on the Government under this Act, or in respect of the exercise of, or the failure to exercise, any power conferred by this Act on the Government, nor shall any suit be instituted against a treasurer of Charitable Endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his willful neglect or default. | 0 | Indemnity to Government and treasurer No suit shall be instituted against the Government in respect of anything done or purporting to be done under this Act, or in respect of any alleged neglect or omission to perform any duty devolving on the Government under this Act, or in respect of the exercise of, or the failure to exercise, any power conferred by this Act on the Government, nor shall any suit be instituted against a treasurer of Charitable Endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his willful neglect or default. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43349§ionno=15&orderno=16 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 15 | Saving with respect to Advocate General and Official Trustee | Nothing in this Act shall be construed to impair the operation 1[of any enactment] for the time being in force, respecting the authority of an Advocate General 2*** to act with respect to any charity 3[or of the Official Trustees Act, 1913] respecting the vesting of property in trust for a charitable purpose in an Official Trustee.1. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for of section III of the Statue 53, George III, Chapter 155, or of any other enactment.
2. The words at a Presidency omitted by s. 3 and the Second Schedule, ibid.
3. Subs. by s. 3 and the Second Schedule, ibid., for or of sections 8, 9, 10, and 11 of Act No. XVII of 1864 (An Act to constitute an office of Official Trustee). | 0 | Saving with respect to Advocate General and Official Trustee Nothing in this Act shall be construed to impair the operation 1[of any enactment] for the time being in force, respecting the authority of an Advocate General 2*** to act with respect to any charity 3[or of the Official Trustees Act, 1913] respecting the vesting of property in trust for a charitable purpose in an Official Trustee.1.Subs.by Act 58 of 1960, s.3 and the Second Schedule, for of section III of the Statue 53, George III, Chapter 155, or of any other enactment.2.The words at a Presidency omitted by s.3 and the Second Schedule, ibid.3.Subs.by s.3 and the Second Schedule, ibid., for or of sections 8, 9, 10, and 11 of Act No.XVII of 1864 (An Act to constitute an office of Official Trustee). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00046_189006_1523274192012§ionId=43350§ionno=16&orderno=17 | "1890-03-17T00:00:00" | The Charitable Endowments Act, 1890 | An Act to provide for the vesting and administration of property held in trust for charitable purposes. | 189006 | Ministry of Law and Justice | 16 | [Omitted | [General Controlling Authority of Governor General in Council.]––Omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule, Pt. I. | 0 | [Omitted [General Controlling Authority of Governor General in Council.]––Omitted by the Devolution Act, 1920 (38 of 1920), s.2 and the First Schedule, Pt.I. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43324§ionno=1&orderno=1 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 1 | Title and extent | (1) This Act may be called the Revenue Recovery Act, 1890.
1[(2) It extends to the whole of India except 2[the State of Jammu and Kashmir*];] 3***
4* * * * *1. Subs. by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O. 31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333), for sub-section (2).
2. Subs. by Act 33 of 1950, s. 2 and the Schedule, for "Part B States".
3. The word "and" rep. by Act 10 of 1914, s. 3 and the Second Schedule..
4. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | 0 | Title and extent (1) This Act may be called the Revenue Recovery Act, 1890.1[(2) It extends to the whole of India except 2[the State of Jammu and Kashmir*];] 3***
4* * * * *1.Subs.by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333), for sub-section (2).2.Subs.by Act 33 of 1950, s.2 and the Schedule, for "Part B States".3.The word "and" rep.by Act 10 of 1914, s.3 and the Second Schedule..4.Sub-section (3) rep.by s.3 and the Second Schedule, ibid.*.Vide Notification No.S.O.3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43325§ionno=2&orderno=2 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,--
(1) "district" includes a presidency-town;
(2) "Collector" means the chief officer in charge of the land-revenue administration of a district; and
(3) "defaulter" means a person from whom an arrear of land-revenue, or a sum recoverable as an arrear of land-revenue, is due, and includes a person who is responsible as surety for the payment of any such arrear or sum. | 0 | Definitions In this Act, unless there is something repugnant in the subject or context,--
(1) "district" includes a presidency-town;
(2) "Collector" means the chief officer in charge of the land-revenue administration of a district; and
(3) "defaulter" means a person from whom an arrear of land-revenue, or a sum recoverable as an arrear of land-revenue, is due, and includes a person who is responsible as surety for the payment of any such arrear or sum. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43326§ionno=3&orderno=3 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 3 | Recovery of public demands by enforcement of processes in other districts than those in which they become payable | (1) Where an arrear of land-revenue, or a sum recoverable as an arrear of land-revenue, is payable to a Collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the Collector may send to the Collector of that other district a certificate in the form as nearly as may be of the Schedule, stating--
(a) the name of the defaulter and such other particulars as may be necessary for his identification, and
(b) the amount payable by him and the account on which it is due.
(2) The certificate shall be signed by the Collector making it 1[or by any officer to whom such Collector may, by order in writing, delegate this duty], and, save as otherwise provided by this Act, shall be conclusive proof of the matters therein stated.
(3) The Collector of the other district shall, on receiving the certificate, proceed to recover the amount stated therein as if it were an arrear of land-revenue which had accrued in his own district.
STATE AMENDMENT
Assam
Insertion of new section.--After Section 3 of the principal Act, the following shall be inserted as section 3A, namely:--
“3A.--Certificate Officers to perform the functions of Collector in respect of certificates received.--Notwithstanding anything to the contrary contained in this Act, when any certificate is received under this Act, by the Collector of a District, any certificate officer in the district may exercise all the powers and perform all the duties and functions of such Collector under this Act, in respect of such certificate.
Explanation--In this section ‘Certificate Officer’ has the same meaning as in the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913).”
[Vide Assam Act 16 of 1971, s. 2.]1. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 0 | Recovery of public demands by enforcement of processes in other districts than those in which they become payable (1) Where an arrear of land-revenue, or a sum recoverable as an arrear of land-revenue, is payable to a Collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the Collector may send to the Collector of that other district a certificate in the form as nearly as may be of the Schedule, stating--
(a) the name of the defaulter and such other particulars as may be necessary for his identification, and
(b) the amount payable by him and the account on which it is due.(2) The certificate shall be signed by the Collector making it 1[or by any officer to whom such Collector may, by order in writing, delegate this duty], and, save as otherwise provided by this Act, shall be conclusive proof of the matters therein stated.(3) The Collector of the other district shall, on receiving the certificate, proceed to recover the amount stated therein as if it were an arrear of land-revenue which had accrued in his own district.STATE AMENDMENT
Assam
Insertion of new section.--After Section 3 of the principal Act, the following shall be inserted as section 3A, namely:--
“3A.--Certificate Officers to perform the functions of Collector in respect of certificates received.--Notwithstanding anything to the contrary contained in this Act, when any certificate is received under this Act, by the Collector of a District, any certificate officer in the district may exercise all the powers and perform all the duties and functions of such Collector under this Act, in respect of such certificate.Explanation--In this section ‘Certificate Officer’ has the same meaning as in the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913).”
[Vide Assam Act 16 of 1971, s.2.]1.Ins.by Act 4 of 1914, s.2 and the Schedule, Part I. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43327§ionno=4&orderno=4 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 4 | Remedy available to person denying liability to pay amount recovered under last foregoing section | (1) When proceedings are taken against a person under the last foregoing section for the recovery of an amount stated in a certificate, that person may, if he denies his liability to pay the amount or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit for the repayment of the amount or the part thereof so paid.
(2) A suit under sub-section (1) must be instituted in a Civil Court having jurisdiction in the local area in which the office of the Collector who made the certificate is situate, and the suit shall be determined in accordance with the law in force at the place where the arrear accrued or the liability for the payment of the sum arose.
(3) In the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate.
1[(4) This section shall apply if under this Act as in force as part of the law of 2[Pakistan or] Burma, or under any other similar Act forming part of the law of 2[Pakistan or] Burma, proceedings are taken against a person in 3[Pakistan or Burma, as the case may be,] for the recovery of an amount stated in a certificate made by a Collector in 4[any State to which this Act extends].]1. Ins. by the A.O.1937.
2. Ins. by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1941 (G.G.O. 31, dated the 10th December, 1947), (Gazette of India, 1947, Extraordinary, p. 1333).
3. Subs., ibid., for "Burma".
4. Subs. by Act 33 of 1950, s. 2 and the Schedule for "a Part A State or a Part C State". | 0 | Remedy available to person denying liability to pay amount recovered under last foregoing section (1) When proceedings are taken against a person under the last foregoing section for the recovery of an amount stated in a certificate, that person may, if he denies his liability to pay the amount or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit for the repayment of the amount or the part thereof so paid.(2) A suit under sub-section (1) must be instituted in a Civil Court having jurisdiction in the local area in which the office of the Collector who made the certificate is situate, and the suit shall be determined in accordance with the law in force at the place where the arrear accrued or the liability for the payment of the sum arose.(3) In the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate.1[(4) This section shall apply if under this Act as in force as part of the law of 2[Pakistan or] Burma, or under any other similar Act forming part of the law of 2[Pakistan or] Burma, proceedings are taken against a person in 3[Pakistan or Burma, as the case may be,] for the recovery of an amount stated in a certificate made by a Collector in 4[any State to which this Act extends].]1.Ins.by the A.O.1937.2.Ins.by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1941 (G.G.O.31, dated the 10th December, 1947), (Gazette of India, 1947, Extraordinary, p.1333).3.Subs., ibid., for "Burma".4.Subs.by Act 33 of 1950, s.2 and the Schedule for "a Part A State or a Part C State". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43328§ionno=5&orderno=5 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 5 | Recovery by Collectors of sums recoverable as arrears of revenue by other public officers or by local authorities | Where any sum is recoverable as an arrear ,of land-Revenue of any public officer other than a Collector or by local authority, the Collector of the district in which the office of that officer or authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if it were an arrear of land-revenue which had accrued in his own district, and may send a certificate of the amount to be recovered to the Collector of another district under the foregoing provisions of this Act, as if the sum were payable to himself. | 0 | Recovery by Collectors of sums recoverable as arrears of revenue by other public officers or by local authorities Where any sum is recoverable as an arrear ,of land-Revenue of any public officer other than a Collector or by local authority, the Collector of the district in which the office of that officer or authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if it were an arrear of land-revenue which had accrued in his own district, and may send a certificate of the amount to be recovered to the Collector of another district under the foregoing provisions of this Act, as if the sum were payable to himself. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43329§ionno=6&orderno=6 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 6 | Property liable to sale under this Act | (1) When the Collector of a district receives a certificate under this Act, he may issue a proclamation prohibiting the transfer or charging of any immovable property belonging to the defaulter in the district.
(2) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the amount stated in the certificate has been recovered or the property has been sold for the recovery of that amount.
(3) Any private alienation of the property or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void as1[against the 2[Government]] and any person who may purchase the property at a sale held for the recovery of the amount stated in the certificate.
(4) Subject to the foregoing provisions of this section, when proceedings are taken against any immovable property under this Act for the recovery of an amount stated in a certificate, the interest of the defaulter alone therein shall be so proceeded against, and no incumbrances created, grants made or contracts entered into by him in 3good faith shall be rendered invalid by reason only of proceedings being taken against those interests.
(5) A proclamation under this section shall be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the property to which it relates.1. Subs. by the A O. 1937, for "against the Government".
2. Subs. by the A.O. 1948, for "Crown".
3. See definition in the General Clauses Act, 1897 (10 of 1897), s. 22. | 0 | Property liable to sale under this Act (1) When the Collector of a district receives a certificate under this Act, he may issue a proclamation prohibiting the transfer or charging of any immovable property belonging to the defaulter in the district.(2) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the amount stated in the certificate has been recovered or the property has been sold for the recovery of that amount.(3) Any private alienation of the property or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void as1[against the 2[Government]] and any person who may purchase the property at a sale held for the recovery of the amount stated in the certificate.(4) Subject to the foregoing provisions of this section, when proceedings are taken against any immovable property under this Act for the recovery of an amount stated in a certificate, the interest of the defaulter alone therein shall be so proceeded against, and no incumbrances created, grants made or contracts entered into by him in 3good faith shall be rendered invalid by reason only of proceedings being taken against those interests.(5) A proclamation under this section shall be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the property to which it relates.1.Subs.by the A O.1937, for "against the Government".2.Subs.by the A.O.1948, for "Crown".3.See definition in the General Clauses Act, 1897 (10 of 1897), s.22. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43330§ionno=7&orderno=7 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 7 | Saving of local laws relating to revenue | Nothing in the foregoing sections shall be construed--
(a) to impair any security provided by, or affect the provisions of, any other enactment for the time being in force for the recovery of land-revenue or of sums recoverable as arrears of landrevenue, or
(b) to authorise the arrest of any person for the recovery of any tax payable to the corporation, commissioner, committee, board, council or person having authority over a municipality under any enactment for the time being in force. | 0 | Saving of local laws relating to revenue Nothing in the foregoing sections shall be construed--
(a) to impair any security provided by, or affect the provisions of, any other enactment for the time being in force for the recovery of land-revenue or of sums recoverable as arrears of landrevenue, or
(b) to authorise the arrest of any person for the recovery of any tax payable to the corporation, commissioner, committee, board, council or person having authority over a municipality under any enactment for the time being in force. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43331§ionno=8&orderno=8 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 8 | Recovery in India of certain public demands arising beyond India | When this Act has been applied to any local area which is under the administration of 1[the Central Government 2***] but which is not part of 3[ 4*** India], an arrear of land-revenue accruing in that local area, or a sum recoverable as an arrear of land-revenue and payable to a Collector or other public officer or to a local authority in that local area, may be recovered under this Act in 3[ 4*** India].1. Subs. by the A.O. 1937, for "the G. G. in C.".
2. The words "or the Crown Representative" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G. G. O. 31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333).
3. Subs., ibid., for "British India".
4. The words "the Provinces of" omitted by the A.O.1950. | 0 | Recovery in India of certain public demands arising beyond India When this Act has been applied to any local area which is under the administration of 1[the Central Government 2***] but which is not part of 3[ 4*** India], an arrear of land-revenue accruing in that local area, or a sum recoverable as an arrear of land-revenue and payable to a Collector or other public officer or to a local authority in that local area, may be recovered under this Act in 3[ 4*** India].1.Subs.by the A.O.1937, for "the G.G.in C.".2.The words "or the Crown Representative" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333).3.Subs., ibid., for "British India".4.The words "the Provinces of" omitted by the A.O.1950. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43332§ionno=9&orderno=9 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 9 | Recovery in India of land revenues etc | 1[9. Recovery in India of land revenues, etc., accruing in Burma.--(1) The Central Government may direct2 that an arrear of land-revenue accruing in Burma or a sum recoverable in Burma as an arrear of land-revenue and payable to a Collector or other public officer or to a local authority in Burma may be recovered under this Act in 3*** India and thereupon such arrear or sum shall be so recoverable:
Provided that the Central Government shall not give any such direction unless it is satisfied that the remedy available under section 4 of this Act in 3*** India to a person paying under protest in 3*** India an arrear accruing in 3*** India is available under Burma law in Burma to a person paying under protest in 3*** India an arrear accruing in Burma.
(2) For recovering by virtue of this section any arrears of tax, penalty due under the enactments relating to income-tax or super-tax in force in Burma, the Collector shall have such additional powers as he has in the case of Indian income-tax and super-tax under the proviso to section 46(2) of the Income-tax Act, 1922 (11 of 1922).
4[(3) Sub-sections (1) and (2) shall apply in relation to Pakistan as they apply in relation to Burma.]1. Ins. by the A. O. 1937.
2. For a direction under this section, see Gazette of India, 1937, Pt. I, p. 1941.
3. The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p. 1333).
4. Ins., ibid. | 0 | Recovery in India of land revenues etc 1[9.Recovery in India of land revenues, etc., accruing in Burma.--(1) The Central Government may direct2 that an arrear of land-revenue accruing in Burma or a sum recoverable in Burma as an arrear of land-revenue and payable to a Collector or other public officer or to a local authority in Burma may be recovered under this Act in 3*** India and thereupon such arrear or sum shall be so recoverable:
Provided that the Central Government shall not give any such direction unless it is satisfied that the remedy available under section 4 of this Act in 3*** India to a person paying under protest in 3*** India an arrear accruing in 3*** India is available under Burma law in Burma to a person paying under protest in 3*** India an arrear accruing in Burma.(2) For recovering by virtue of this section any arrears of tax, penalty due under the enactments relating to income-tax or super-tax in force in Burma, the Collector shall have such additional powers as he has in the case of Indian income-tax and super-tax under the proviso to section 46(2) of the Income-tax Act, 1922 (11 of 1922).4[(3) Sub-sections (1) and (2) shall apply in relation to Pakistan as they apply in relation to Burma.]1.Ins.by the A.O.1937.2.For a direction under this section, see Gazette of India, 1937, Pt.I, p.1941.3.The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333).4.Ins., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_189001_1523274075507§ionId=43333§ionno=10&orderno=10 | "1890-02-14T00:00:00" | The Revenue Recovery Act, 1890 | An Act to make better provision for recovering certain public demands. | 189001 | Ministry of Finance | 10 | Duty of Collectors to remit moneys collected in certain cases | Where a Collector receives a certificate under this Act from, a Collector of another State or a Collector in 1[Pakistan or] Burma, he shall remit any sum recovered by him by virtue of that certificate to that Collector, after deducting his expenses in connection with the matter.]1. Ins., ibid. | 0 | Duty of Collectors to remit moneys collected in certain cases Where a Collector receives a certificate under this Act from, a Collector of another State or a Collector in 1[Pakistan or] Burma, he shall remit any sum recovered by him by virtue of that certificate to that Collector, after deducting his expenses in connection with the matter.]1.Ins., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43316§ionno=1&orderno=1 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 1 | Title and commencement | (1) This Act may be called the Indian Reserve Forces Act, 1888; and
(2) It shall come into force on such day1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.1. The Act came into force on the 26th may, 1888, see Gazette of India of same date, Pt. I, p. 239 | 0 | Title and commencement (1) This Act may be called the Indian Reserve Forces Act, 1888; and
(2) It shall come into force on such day1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.1.The Act came into force on the 26th may, 1888, see Gazette of India of same date, Pt.I, p.239 |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43317§ionno=2&orderno=2 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 2 | Division of Reserve Forces into Regular and Supplementary Reserves | 1[2. Division of Reserve Forces into Regular and Supplementary Reserves.--The Indian Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.]1. Subs. by Act 12 of 1931, s. 2, for section 2. | 0 | Division of Reserve Forces into Regular and Supplementary Reserves 1[2.Division of Reserve Forces into Regular and Supplementary Reserves.--The Indian Reserve Forces shall consist of the Regular Reserve and the Supplementary Reserve.]1.Subs.by Act 12 of 1931, s.2, for section 2. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43318§ionno=3&orderno=3 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 3 | Locality of service of Reserves | 1*** A person belonging to the 2[Indian Reserve Forces] shall be liable to serve beyond the limits of 3[India] as well as within those limits.
4* * * * *1. The brackets and figure "(1)" omitted, by s. 3, ibid.
2. Subs. by s. 3, ibid., for "Active Reserve".
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "the territories comprised within Part A States and Part C Sates".
4 Sub-section (2) omitted by Act 12 of 1931, s. 3. | 0 | Locality of service of Reserves 1*** A person belonging to the 2[Indian Reserve Forces] shall be liable to serve beyond the limits of 3[India] as well as within those limits.4* * * * *1.The brackets and figure "(1)" omitted, by s.3, ibid.2.Subs.by s.3, ibid., for "Active Reserve".3.Subs.by the Adaptation of Laws (No.2) Order, 1956, for "the territories comprised within Part A States and Part C Sates".4 Sub-section (2) omitted by Act 12 of 1931, s.3. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43319§ionno=4&orderno=4 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 4 | Power to make rules for regulation of Reserve Forces | 1[(1)] The Central Government may 2[by notification in the Official Gazette,] make rules and orders for the government, discipline and regulation of the Indian Reserve Forces.
2[(2) Every rule and every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in mating any modification in the rule or order or both Houses agree that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.]1. S. 4 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
2. Ins. by s. 2 and Schedule, ibid (w.e.f. 15-3-1984). | 0 | Power to make rules for regulation of Reserve Forces 1[(1)] The Central Government may 2[by notification in the Official Gazette,] make rules and orders for the government, discipline and regulation of the Indian Reserve Forces.2[(2) Every rule and every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in mating any modification in the rule or order or both Houses agree that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.]1.S.4 renumbered as sub-section (1) thereof by Act 20 of 1983, s.2 and Schedule (w.e.f.15-3-1984).2.Ins.by s.2 and Schedule, ibid (w.e.f.15-3-1984). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43320§ionno=5&orderno=5 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 5 | Liability of Reserve Forces to military law | Subject to 1*** such rules and orders as may be made under section 4, a person belonging to the Indian Reserve Forces shall, as an officer, or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to 2[the Regular Army].1. The words and figure "the provision of section 3 with respect to persons belonging to the Garrison Reserve and to" omitted by Act 12 of 1931, s. 4.
2. Subs. by the A.O. 1950, for "Her Majesty's Indian Forces". | 0 | Liability of Reserve Forces to military law Subject to 1*** such rules and orders as may be made under section 4, a person belonging to the Indian Reserve Forces shall, as an officer, or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to 2[the Regular Army].1.The words and figure "the provision of section 3 with respect to persons belonging to the Garrison Reserve and to" omitted by Act 12 of 1931, s.4.2.Subs.by the A.O.1950, for "Her Majesty's Indian Forces". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43321§ionno=6&orderno=6 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 6 | Punishment of certain offences by persons belonging to Reserve Forces | (1) If a person belonging to the Indian Reserve Forces--
(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or
(b) fails without reasonable excuse to comply with any such rule or order, or
(c) fraudulently obtains any pay or other sum contrary to any such rule or order, he shall be liable--
(i) on conviction by a court-martial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such Court is by the 1[Army Act, 1950 (46 of 1950)] empowered to award, or
(ii) on conviction by 2[a Presidency Magistrate or] a Magistrate of the first class, to imprisonment for-a term which may extend, in the case of a first offence under this section, to six months, and, in the ease of any subsequent offence thereunder, to one year.
(2) Where a person belonging to the Indian Reserve Forces is required by or in pursuance of any rule or order under this Act to attend at any place, a certificate purporting to be signed by an officer appointed by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, he evidence of the matters stated therein.
(3) Any person charged with an offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other.1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "Indian Army Act, 1911".
2. Ins. by Act 12 of 1931, s. 5. | 0 | Punishment of certain offences by persons belonging to Reserve Forces (1) If a person belonging to the Indian Reserve Forces--
(a) when required by or in pursuance of any rule or order under this Act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or
(b) fails without reasonable excuse to comply with any such rule or order, or
(c) fraudulently obtains any pay or other sum contrary to any such rule or order, he shall be liable--
(i) on conviction by a court-martial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such Court is by the 1[Army Act, 1950 (46 of 1950)] empowered to award, or
(ii) on conviction by 2[a Presidency Magistrate or] a Magistrate of the first class, to imprisonment for-a term which may extend, in the case of a first offence under this section, to six months, and, in the ease of any subsequent offence thereunder, to one year.(2) Where a person belonging to the Indian Reserve Forces is required by or in pursuance of any rule or order under this Act to attend at any place, a certificate purporting to be signed by an officer appointed by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, he evidence of the matters stated therein.(3) Any person charged with an offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other.1.Subs.by Act 42 of 1953, s.4 and the Third Schedule, for "Indian Army Act, 1911".2.Ins.by Act 12 of 1931, s.5. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43322§ionno=7&orderno=7 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 7 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services | 1[7. Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of trailing, muster or Army service.--(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order--
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act.]1. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid. | 0 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services 1[7.Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of trailing, muster or Army service.--(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order--
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43322§ionno=7&orderno=7 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 7 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services | 1[7. Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of trailing, muster or Army service.--(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order--
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act.]1. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid. | 1 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services (4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43322§ionno=7&orderno=7 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 7 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services | 1[7. Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of trailing, muster or Army service.--(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order--
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act.]1. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid. | 2 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43322§ionno=7&orderno=7 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 7 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services | 1[7. Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of trailing, muster or Army service.--(1) If a person belonging to the Indian Reserve Forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this Act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order--
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this Act.]1. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid. | 3 | Reinstatement in civil employ of persons belonging to Reserve Forces on termination of periods of training, muster or Army services ]1.Ins.by Act 3 of 1958, s.2.Section 7 was rep.by s.6, ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00040_188804_1523273943369§ionId=43323§ionno=8&orderno=8 | "1888-03-02T00:00:00" | The Indian Reserve Forces Act, 1888 | An Act to regulate the Indian Reserve Forces. | 188804 | Ministry of Defence | 8 | Preservation of certain rights of persons belonging to Reserve Forces when called up for training, muster or army service | 1[8. Preservation of certain rights of persons belonging to Reserve Forces when called up for training, muster or army service.--When any person belonging to the Indian Reserve Forces and called up for training, muster or army service in pursuance of his liability under any rule or order under this Act has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in training, muster or army service and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme, such rights as may be prescribed by rules made under this Act.]1. Ins. by Act 3 of 1958, s. 2. Section 7 was rep. by s. 6, ibid. | 0 | Preservation of certain rights of persons belonging to Reserve Forces when called up for training, muster or army service 1[8.Preservation of certain rights of persons belonging to Reserve Forces when called up for training, muster or army service.--When any person belonging to the Indian Reserve Forces and called up for training, muster or army service in pursuance of his liability under any rule or order under this Act has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in training, muster or army service and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme, such rights as may be prescribed by rules made under this Act.]1.Ins.by Act 3 of 1958, s.2.Section 7 was rep.by s.6, ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43020§ionno=1&orderno=1 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 1 | Title, extent and commencement | (1) This Act may be called the Bengal, 1[Agra] and Assam Civil Courts Act, 1887.
(2) It extends to the territories 2[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the NorthWestern 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 3***; and
(3) It shall come into force on the first day of July, 1887.1. Subs. by Act 16 of 1911, s. 2, for "North-Western Provinces".
2 Subs. by the A.O. 1937, for "for the time being".
3. The words "and except the Jhansi Division" rep. by Act 20 of 1890, s. 9. | 0 | Title, extent and commencement (1) This Act may be called the Bengal, 1[Agra] and Assam Civil Courts Act, 1887.(2) It extends to the territories 2[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the NorthWestern 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 3***; and
(3) It shall come into force on the first day of July, 1887.1.Subs.by Act 16 of 1911, s.2, for "North-Western Provinces".2 Subs.by the A.O.1937, for "for the time being".3.The words "and except the Jhansi Division" rep.by Act 20 of 1890, s.9. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43021§ionno=2&orderno=2 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 2 | Repeal | 1 * * * * *
(2) 2 *** 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) 3 , 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)7 , or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.1. Sub-section (1) rep. by Act 12 of 1891, s. 2 and the First Schedule.
2. The word "But" rep. s. 2 and the First Schedule, ibid.
3. Act 6 of 1871 was rep. by s. 2 of this Act. | 0 | Repeal 1 * * * * *
(2) 2 *** 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) 3 , 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)7 , or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.1.Sub-section (1) rep.by Act 12 of 1891, s.2 and the First Schedule.2.The word "But" rep.s.2 and the First Schedule, ibid.3.Act 6 of 1871 was rep.by s.2 of this Act. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43022§ionno=3&orderno=3 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43023§ionno=4&orderno=4 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 4 | Number of District Judges, Subordinate Judges and Munsifs | 1 [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.]1. Subs. by 38 of 1920, s. 2 and the First Schedule, for section 4. | 0 | Number of District Judges, Subordinate Judges and Munsifs 1 [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.]1.Subs.by 38 of 1920, s.2 and the First Schedule, for section 4. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43024§ionno=5&orderno=5 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 5 | [Repealed | [Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule, Part I. | 0 | [Repealed [Number of Munsifs.] Rep.by the Decentralization Act, 1914 (4 of 1914), s.2 and the Schedule, Part I. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43025§ionno=6&orderno=6 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 6 | Vacancies among District or Subordinate Judges | (1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of 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.
Uttar Pradesh
Amendment of section 6 of Act XII of 1887.--In section 6 of the Bengal, Agra and Assam Civil Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub -section (2), for the words "state Government" the words "High Court" shall be substituted.
[Vide Uttar Pradesh Act 17 of 1991, s. 2]1. Subs. by s. 2 and the First Schedule, ibid., 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 rep. by ibid. | 0 | Vacancies among District or Subordinate Judges (1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of 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.Uttar Pradesh
Amendment of section 6 of Act XII of 1887.--In section 6 of the Bengal, Agra and Assam Civil Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub -section (2), for the words "state Government" the words "High Court" shall be substituted.[Vide Uttar Pradesh Act 17 of 1991, s.2]1.Subs.by s.2 and the First Schedule, ibid., 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 rep.by ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43026§ionno=7&orderno=7 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 7 | [Repealed | [Vacancies among Munsifs.] Rep.by the A. O. 1937. | 0 | [Repealed [Vacancies among Munsifs.] Rep.by the A.O.1937. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43027§ionno=8&orderno=8 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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, 1[having consulted] the High Court 2***, 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 Disrict Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.1. Subs., ibid., for "upon the recommendation of".
2. The words "and with the previous sanction of the G. G. in C." rep. by Act 16 of 1911, s. 3. | 0 | 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, 1[having consulted] the High Court 2***, 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 Disrict Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.1.Subs., ibid., for "upon the recommendation of".2.The words "and with the previous sanction of the G.G.in C." rep.by Act 16 of 1911, s.3. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43028§ionno=9&orderno=9 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43029§ionno=10&orderno=10 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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 that continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(2) While in charge of the office of the District Judge, the Additional 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. | 0 | 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 that continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.(2) While in charge of the office of the District Judge, the Additional 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43030§ionno=11&orderno=11 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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 otherwise 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 exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court. | 0 | 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 otherwise 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 exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43031§ionno=12&orderno=12 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 12 | [Repealed | [Temporary charge of office of Munsif.] Rep. by the A.O. 1937. | 0 | [Repealed [Temporary charge of office of Munsif.] Rep.by the A.O.1937. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43032§ionno=13&orderno=13 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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 Subordinate 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 Subordinate 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).
(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. | 0 | 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 Subordinate 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 Subordinate 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).(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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43033§ionno=14&orderno=14 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43034§ionno=15&orderno=15 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 15 | Vacations of Courts | (1) Subject to such orders as may be made 1*** 2[*** by the State Government 3*** ] the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts.
(2) The list shall be published in the official Gazette.
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.1. The words "by the G.G. in C., in the case of the High Court at Calcutta, and " rep. by the A.O. 1937.
2. Ins. by Act 38 of 1920, s. 2 and the First Schedule.
3. The words "in other cases" rep. by the A.O. 1937. | 0 | Vacations of Courts (1) Subject to such orders as may be made 1*** 2[*** by the State Government 3*** ] the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts.(2) The list shall be published in the official Gazette.(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.1.The words "by the G.G.in C., in the case of the High Court at Calcutta, and " rep.by the A.O.1937.2.Ins.by Act 38 of 1920, s.2 and the First Schedule.3.The words "in other cases" rep.by the A.O.1937. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43035§ionno=16&orderno=16 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 16 | Seals of Courts | Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government. | 0 | Seals of Courts Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43036§ionno=17&orderno=17 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 17 | Continuance of proceedings of Courts ceasing to have jurisdiction | (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.
(2) Nothing in this section applies to cases for which provision is made in section 623 o r section 649 of the Code of Civil Procedure1 (14 of 1882) or in any other enactment for the time being in force.
STATE AMENDMENT
Assam
Amendment of section 17.-- In sub-section (2) of section 17 of the said Act, for the words and figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall be substituted.
[Vide Assam Act 6 of 1935, s. 3]1. In Bengal and Assam, for the words and figures "in s. 623 or s. 649 of the Code of Civil Procedure" the words and figures "in ss. 36, 37 and 114 of, and rule 1 of Order XLVII in Sch. I to, the Code of Civil Procedure, 1908, " have been subs. by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa, also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158. | 0 | Continuance of proceedings of Courts ceasing to have jurisdiction (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.(2) Nothing in this section applies to cases for which provision is made in section 623 o r section 649 of the Code of Civil Procedure1 (14 of 1882) or in any other enactment for the time being in force.STATE AMENDMENT
Assam
Amendment of section 17.-- In sub-section (2) of section 17 of the said Act, for the words and figures "in Section 623 or Section 649 of the Code of Civil Procedure" the words and figures "in sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908" shall be substituted.[Vide Assam Act 6 of 1935, s.3]1.In Bengal and Assam, for the words and figures "in s.623 or s.649 of the Code of Civil Procedure" the words and figures "in ss.36, 37 and 114 of, and rule 1 of Order XLVII in Sch.I to, the Code of Civil Procedure, 1908, " have been subs.by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively.In Agra, Bihar and Orissa, also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s.158. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43037§ionno=18&orderno=18 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 18 | Extent of original jurisdiction of District or Subordinate Judge | Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure1 (14 of 1882), to all original suits for the time being cognizable by Civil Courts.
STATE AMENDMENT
Assam
Amendment of section 18 and 39.-- In Section 18 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be inserted.
[Vide Assam Act 6 of 1935, s. 4]1. In Bengal and Assam, the figures "1908," have been ins. at this place by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively. In Agra, Bihar and Orissa. also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 158. | 0 | Extent of original jurisdiction of District or Subordinate Judge Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure1 (14 of 1882), to all original suits for the time being cognizable by Civil Courts.STATE AMENDMENT
Assam
Amendment of section 18 and 39.-- In Section 18 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be inserted.[Vide Assam Act 6 of 1935, s.4]1.In Bengal and Assam, the figures "1908," have been ins.at this place by Bengal Act 19 of 1935 and Assam Act 6 of 1935, respectively.In Agra, Bihar and Orissa.also, the reference to the old enactment should be construed in the same way: see the Code of Civil Procedure, 1908 (Act 5 of 1908), s.158. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43038§ionno=19&orderno=19 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 19 | Extent of jurisdiction of Munsif | 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s. 5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.
(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s. 2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
Uttarakhand
Amendment of sub-section (2) of section 19.--In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
Uttar Pradesh
Amendment of section 19 of Act no. XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 0 | Extent of jurisdiction of Munsif 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s.5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.[Vide Assam Act 44 of 2005, s.2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s.2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.[Vide Assam Act 7 of 1993, s.2]
Uttarakhand
Amendment of sub-section (2) of section 19. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43038§ionno=19&orderno=19 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 19 | Extent of jurisdiction of Munsif | 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s. 5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.
(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s. 2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
Uttarakhand
Amendment of sub-section (2) of section 19.--In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
Uttar Pradesh
Amendment of section 19 of Act no. XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 1 | Extent of jurisdiction of Munsif --In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43038§ionno=19&orderno=19 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 19 | Extent of jurisdiction of Munsif | 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s. 5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.
(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s. 2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
Uttarakhand
Amendment of sub-section (2) of section 19.--In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
Uttar Pradesh
Amendment of section 19 of Act no. XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 2 | Extent of jurisdiction of Munsif |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43038§ionno=19&orderno=19 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 19 | Extent of jurisdiction of Munsif | 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s. 5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.
(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s. 2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
Uttarakhand
Amendment of sub-section (2) of section 19.--In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
Uttar Pradesh
Amendment of section 19 of Act no. XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 3 | Extent of jurisdiction of Munsif |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43038§ionno=19&orderno=19 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 19 | Extent of jurisdiction of Munsif | 119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification:
2[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENTS
Assam
Amendment of section 19.-- In sub-section (2) of section 19 of the said Act, for the words beginning with "that his jurisdiction" and ending with "in the notification" the following shall be substituted, namely:--
"(a) that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or
(b) that so long as he holds Court at a place where the Court of a Subordinate Judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified."
[Vide Assam Act 6 of 1935, s. 5]
Assam
Amendment of section 19.-- In the Principal Act, in Section 19--
(i) in sub-section (1), for the words "seven thousand rupees" , the words "fifty thousand rupees" shall be substituted.
(ii) in sub-section (2), for the words "twenty five thousand rupees" the words "two lakhs rupees" shall be substituted.
[Vide Assam Act 44 of 2005, s. 2]
Assam
Amendment of section 19.--/b In section 19 of the principal Act, --
(1) in sub-section (1), for the words "one thousand rupees at the end the words three thousand rupees" shall be substituted:
(2) for sub-section (2) the following shall be substituted, namely:--
"(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette with respect to any Munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section."
[Vide Assam 9 of 1965, s. 2]
Assam
Amendment of section 19.--(1) In section 19 of the principal Act, in sub-section (1), for the words "three thousand rupees" the words "seven thousand rupees" shall be substituted.
(2) In section 19 of the principal act, in sub-section (2) for the words "ten thousand rupees" the words "twentyfive thousand rupees" shall be substituted.
[Vide Assam Act 7 of 1993, s. 2]
Uttarakhand
Amendment of sub-section (2) of section 19.--In sub-section (2) of section 19 of the Bengal, Agra and assam Civil Courts Act, 1887--
"(2) Words 'one lac' for the words 'twenty five thousand' shall be substituted.
[Vide Uttaranchal Act 20 of 2005, s. 2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s. 27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.
[Vide Uttar Pradesh Act 17 of 1991, s. 3]
Uttar Pradesh
Amendment of section 19 of Act no. XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.
[Vide Uttar Pradesh Act 14 of 2015, s. 2 ]1. S. 19 does not apply to Honorary Munsifs and Benches, in the U. P.: see the U. P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben. Act 19 of 1935, s. 5, B. & O. Act 4 of 1922, s. 2, U.P. Act 5 of 1925, ss. 2 and 3, and Assam Act 6 of 1935, s. 5, respectively.
2. Ins. by Act 4 of 1914, s. 2 and the Schedule, Part I. | 4 | Extent of jurisdiction of Munsif [Vide Uttaranchal Act 20 of 2005, s.2"
Uttar Pradesh
Amendment of Bengal, Agra and Assam Civil Courts Act, 1887:--
Amendment of section 19 of act 12 of 1887.--for section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, hereinafter in this Chapter referred to as the principal Act, the following section shall be substituted, namely:--
"19 (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value dose not exceed five thousand rupees.(2) The State Government may, on the recommendation of the High Court, direct by notification in the official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: Provided that the State Government may, the notification in the official Gazette, delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 57 of 1976, s.27]
Uttar Pradesh
Amendment of section 19.--In section 19 of the principal Act,-
(a)-in sub-section (1), for the words five thousand rupees the words ten thousand rupees shall be substituted;
(b)-for sub-section (2), the following sub-section shall be substituted namely:-
(2) the High Court may direct by notification in the official Gazette, with respect to any music named therein, that his Jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification.[Vide Uttar Pradesh Act 17 of 1991, s.3]
Uttar Pradesh
Amendment of section 19 of Act no.XII of 1887.-- In section 19 of the Bengal, Agra and Assam Civil Court Act, 1887 hereinafter in this Chapter referred to as the principal Act,--
(a) in sub-section (1) for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted;
(b) in sub-section (2) for the words "twenty five thousand rupees" the words "five lakh rupees" shall be substituted.[Vide Uttar Pradesh Act 14 of 2015, s.2 ]1.S.19 does not apply to Honorary Munsifs and Benches, in the U.P.: see the U.P.Honorary Munsifs Act, 1896 (U.P.2 of 1896), s.13.This section has been diversely amended in Bengal, Bihar and Orissa, Agra and Assam by Ben.Act 19 of 1935, s.5, B.& O.Act 4 of 1922, s.2, U.P.Act 5 of 1925, ss.2 and 3, and Assam Act 6 of 1935, s.5, respectively.2.Ins.by Act 4 of 1914, s.2 and the Schedule, Part I. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43039§ionno=20&orderno=20 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 20 | Appeals from District and Additional Judges | (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or orderof a District Judge or Additional Judge shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court. | 0 | Appeals from District and Additional Judges (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or orderof a District Judge or Additional Judge shall lie to the High Court.(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43040§ionno=21&orderno=21 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 21 | Appeals from Subordinate Judges and Munsifs | (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
STATE AMENDMENTS
Assam
Amendment of section 21.--In the Principal Act, in section 21, in sub-section (1), in clause (a), for the words fifty thousand rupees the words five lakh rupees shall be substituted.
[Vide Assam Act 44 of 2005, s. 3]
Assam
In section 21 of the principal Act, in clause (a) of sub -section (1), for the words five thousand rupees the words seven thousand rupees shall be substituted.
[Vide Assam Act 9 of 1965, s. 3]
Assam
Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause (a), for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted.
[Vide Assam Act 7 of 1993, s. 3]
Uttar Pradesh
Amendment of section 21.—In section 21 of the principal Act,-
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be substituted, namely :–
(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made (either instituted or commenced before or after the relevant date) did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may fix from time to time by notification in the official Gazette.
Explanation—For the purposes of this sub-section and sub-section (1-A) and (1-B) relevant date means the date of com-mencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub-section (1).
(1-A) An appeal, from a decree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of subsection (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908.
(1-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge made before the relevant date, which lay to the High Court immediately before such date but lies to the District Judge under subsection (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lieto the High Court.;
(b) in sub-section (4), the words with the previous sanction of the State Government,' shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 4] | 0 | Appeals from Subordinate Judges and Munsifs (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.STATE AMENDMENTS
Assam
Amendment of section 21.--In the Principal Act, in section 21, in sub-section (1), in clause (a), for the words fifty thousand rupees the words five lakh rupees shall be substituted.[Vide Assam Act 44 of 2005, s.3]
Assam
In section 21 of the principal Act, in clause (a) of sub -section (1), for the words five thousand rupees the words seven thousand rupees shall be substituted.[Vide Assam Act 9 of 1965, s.3]
Assam
Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause (a), for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted.[Vide Assam Act 7 of 1993, s.3]
Uttar Pradesh
Amendment of section 21.—In section 21 of the principal Act,-
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be substituted, namely :–
(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made (either instituted or commenced before or after the relevant date) did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may fix from time to time by notification in the official Gazette.Explanation—For the purposes of this sub-section and sub-section (1-A) and (1-B) relevant date means the date of com-mencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub-section (1). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43040§ionno=21&orderno=21 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 21 | Appeals from Subordinate Judges and Munsifs | (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
STATE AMENDMENTS
Assam
Amendment of section 21.--In the Principal Act, in section 21, in sub-section (1), in clause (a), for the words fifty thousand rupees the words five lakh rupees shall be substituted.
[Vide Assam Act 44 of 2005, s. 3]
Assam
In section 21 of the principal Act, in clause (a) of sub -section (1), for the words five thousand rupees the words seven thousand rupees shall be substituted.
[Vide Assam Act 9 of 1965, s. 3]
Assam
Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause (a), for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted.
[Vide Assam Act 7 of 1993, s. 3]
Uttar Pradesh
Amendment of section 21.—In section 21 of the principal Act,-
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be substituted, namely :–
(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made (either instituted or commenced before or after the relevant date) did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may fix from time to time by notification in the official Gazette.
Explanation—For the purposes of this sub-section and sub-section (1-A) and (1-B) relevant date means the date of com-mencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub-section (1).
(1-A) An appeal, from a decree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of subsection (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908.
(1-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge made before the relevant date, which lay to the High Court immediately before such date but lies to the District Judge under subsection (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lieto the High Court.;
(b) in sub-section (4), the words with the previous sanction of the State Government,' shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 4] | 1 | Appeals from Subordinate Judges and Munsifs (1-A) An appeal, from a decree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of subsection (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43040§ionno=21&orderno=21 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 21 | Appeals from Subordinate Judges and Munsifs | (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
STATE AMENDMENTS
Assam
Amendment of section 21.--In the Principal Act, in section 21, in sub-section (1), in clause (a), for the words fifty thousand rupees the words five lakh rupees shall be substituted.
[Vide Assam Act 44 of 2005, s. 3]
Assam
In section 21 of the principal Act, in clause (a) of sub -section (1), for the words five thousand rupees the words seven thousand rupees shall be substituted.
[Vide Assam Act 9 of 1965, s. 3]
Assam
Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause (a), for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted.
[Vide Assam Act 7 of 1993, s. 3]
Uttar Pradesh
Amendment of section 21.—In section 21 of the principal Act,-
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be substituted, namely :–
(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made (either instituted or commenced before or after the relevant date) did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may fix from time to time by notification in the official Gazette.
Explanation—For the purposes of this sub-section and sub-section (1-A) and (1-B) relevant date means the date of com-mencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub-section (1).
(1-A) An appeal, from a decree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of subsection (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908.
(1-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge made before the relevant date, which lay to the High Court immediately before such date but lies to the District Judge under subsection (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lieto the High Court.;
(b) in sub-section (4), the words with the previous sanction of the State Government,' shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 4] | 2 | Appeals from Subordinate Judges and Munsifs |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43040§ionno=21&orderno=21 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 21 | Appeals from Subordinate Judges and Munsifs | (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High Court may, with the previous sanction of the State Government, direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
STATE AMENDMENTS
Assam
Amendment of section 21.--In the Principal Act, in section 21, in sub-section (1), in clause (a), for the words fifty thousand rupees the words five lakh rupees shall be substituted.
[Vide Assam Act 44 of 2005, s. 3]
Assam
In section 21 of the principal Act, in clause (a) of sub -section (1), for the words five thousand rupees the words seven thousand rupees shall be substituted.
[Vide Assam Act 9 of 1965, s. 3]
Assam
Amendment of section 21.--In section 21 of the principal Act, in sub-section (1), in clause (a), for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted.
[Vide Assam Act 7 of 1993, s. 3]
Uttar Pradesh
Amendment of section 21.—In section 21 of the principal Act,-
(a) for sub-sections (1), (1-A) and (1-B), the following sub-sections shall be substituted, namely :–
(1) Save as aforesaid an appeal from a decree or order of a Civil Judge shall lie,–
(a) to the High Court in any case other than a case referred to in clause (b) ;
(b) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made (either instituted or commenced before or after the relevant date) did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may fix from time to time by notification in the official Gazette.
Explanation—For the purposes of this sub-section and sub-section (1-A) and (1-B) relevant date means the date of com-mencement of the Uttar Pradesh Civil Laws (Amendment) Act, 1991 or, as the case may be, the date of commencement of notification made under clause (b) of sub-section (1).
(1-A) An appeal, from a decree or order of a Civil Judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause (b) of subsection (1) instituted in High Court and pending in the High Court immediately before the relevant date, shall stand transferred to the District judge having jurisdiction who may either decide it himself or assign it to any additional Judge subordinate to him :
Provided that any judgment, decree or order passed in such an appeal by the High Court after the relevant date shall be valid as if the High Court had withdrawn the appeal under section 24 of the Code of Civil Procedure, 1908.
(1-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge made before the relevant date, which lay to the High Court immediately before such date but lies to the District Judge under subsection (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lieto the High Court.;
(b) in sub-section (4), the words with the previous sanction of the State Government,' shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 4] | 3 | Appeals from Subordinate Judges and Munsifs (1-B) The period of limitation prescribed for filing an appeal from a decree or order of a Civil Judge made before the relevant date, which lay to the High Court immediately before such date but lies to the District Judge under subsection (1) shall not withstanding anything to the contrary contained in the Limitation Act, 1963, be deemed to be and always to have been the same as if the appeal continued to lieto the High Court.;
(b) in sub-section (4), the words with the previous sanction of the State Government,' shall be omitted.[Vide Uttar Pradesh Act 17 of 1991, s.4] |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43041§ionno=22&orderno=22 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 22 | Power to transfer to Subordinate Judges appeals from Munsifs | (1) A District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs.
(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge. | 0 | Power to transfer to Subordinate Judges appeals from Munsifs (1) A District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs.(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43129§ionno=23&orderno=23 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 23 | Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain proceedings | 1(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order.
(2) The proceedings referred to in sub-section (1) are the following, namely:--
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons dying intestate);
2* * * * *
3* * * * *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865), 4 and the Probate and Administration Act, 1881 (5 of 1881)4 which cannot be disposed of by District Delegates; and
(e) references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882)5.
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
STATE AMENDMENT
Assam
Amendment of section 23.-- In sub-section (2) of section 23 of the said Act, --
1) in clause (d) for the words and figures “the Indian Succession Act, 1865, and the Probate and Administration Act, 1881”, the words and figures “the Indian Succession Act, 1925”, shall be substituted; and
(2) in clause (e), for the word and figures “section 322C”, the words “paragraph 5 of the Third Scheduled “ shall be substituted and after the words “Code of Civil Procedure” the figure “1908” shall be added.
[Vide Assam Act 6 of 1935, s. 6]1. S. 23 does not apply to Honorary Munsifs and Benches in the U. P.: See the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Clause (b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 rep. by Act 8 of 1890, s. 2 and Sch.
3. Clause (c) relating to applications for certificates under Act 27 of 1860 was rep. by Act 7 of 1889.
4. See now the Indian Succession Act, 1925 (39 of 1925). In Bengal and Assam, this cl. has been formally amended by Ben. Act 19 of 1935 and Assani Act 6 of 1935, respectively.
5. See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. III. This cl. has been omitted in Bengal by Ben. Act 19 of 1935 and formally amended in Assam by Assam Act 6 of 1935. | 0 | Exercise by Subordinate Judge or Munsif of jurisdiction of District Court in certain proceedings 1(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order.(2) The proceedings referred to in sub-section (1) are the following, namely:--
(a) proceedings under Bengal Regulation 5, 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and Administration to the Estates of persons dying intestate);
2* * * * *
3* * * * *
(d) proceedings under the Indian Succession Act, 1865 (10 of 1865), 4 and the Probate and Administration Act, 1881 (5 of 1881)4 which cannot be disposed of by District Delegates; and
(e) references by Collectors under section 322C of the Code of Civil Procedure (14 of 1882)5.(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.STATE AMENDMENT
Assam
Amendment of section 23.-- In sub-section (2) of section 23 of the said Act, --
1) in clause (d) for the words and figures “the Indian Succession Act, 1865, and the Probate and Administration Act, 1881”, the words and figures “the Indian Succession Act, 1925”, shall be substituted; and
(2) in clause (e), for the word and figures “section 322C”, the words “paragraph 5 of the Third Scheduled “ shall be substituted and after the words “Code of Civil Procedure” the figure “1908” shall be added.[Vide Assam Act 6 of 1935, s.6]1.S.23 does not apply to Honorary Munsifs and Benches in the U.P.: See the U.P.Honorary Munsifs Act, 1896 (U.P.2 of 1896), s.13.2.Clause (b) relating to proceedings under Act 40 of 1858 or Act 9 of 1861 rep.by Act 8 of 1890, s.2 and Sch.3.Clause (c) relating to applications for certificates under Act 27 of 1860 was rep.by Act 7 of 1889.4.See now the Indian Succession Act, 1925 (39 of 1925).In Bengal and Assam, this cl.has been formally amended by Ben.Act 19 of 1935 and Assani Act 6 of 1935, respectively.5.See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch.III.This cl.has been omitted in Bengal by Ben.Act 19 of 1935 and formally amended in Assam by Assam Act 6 of 1935. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43043§ionno=24&orderno=24 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 24 | Disposal of proceedings referred to in last foregoing section | 1(1) Proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge:
Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the District Judge.
(2) An appeal from the order of the District Judge on the appeal from the order of a munsif under this section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.1. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13. | 0 | Disposal of proceedings referred to in last foregoing section 1(1) Proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge:
Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the District Judge.(2) An appeal from the order of the District Judge on the appeal from the order of a munsif under this section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.1.Ss.24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P.Honorary Munsifs Act, 1896 (U.P.2 of 1896), s.13. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43044§ionno=25&orderno=25 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 25 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction | 1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
Vide Uttar Pradesh Act 17 of 1991, s. 51. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Subs. by Act 16 of 1911, s. 4, for one hundred rupees.
3. Ins. by 4 of 1914, s. 2 and Sch., Pt. I. | 0 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction 1[25.Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.[Vide Assam Act 6 of 1935, s.7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25.The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s.5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43044§ionno=25&orderno=25 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 25 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction | 1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
Vide Uttar Pradesh Act 17 of 1991, s. 51. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Subs. by Act 16 of 1911, s. 4, for one hundred rupees.
3. Ins. by 4 of 1914, s. 2 and Sch., Pt. I. | 1 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction ";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43044§ionno=25&orderno=25 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 25 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction | 1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
Vide Uttar Pradesh Act 17 of 1991, s. 51. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Subs. by Act 16 of 1911, s. 4, for one hundred rupees.
3. Ins. by 4 of 1914, s. 2 and Sch., Pt. I. | 2 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43044§ionno=25&orderno=25 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 25 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction | 1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
Vide Uttar Pradesh Act 17 of 1991, s. 51. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Subs. by Act 16 of 1911, s. 4, for one hundred rupees.
3. Ins. by 4 of 1914, s. 2 and Sch., Pt. I. | 3 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43044§ionno=25&orderno=25 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 25 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction | 1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred1 rupees in the case of a Subordinate Judge or 2[two hundred and fifty3 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:]
3[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Uttar Pradesh
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
Vide Uttar Pradesh Act 17 of 1991, s. 51. Ss. 24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P. Honorary Munsifs Act, 1896 (U.P. 2 of 1896), s. 13.
2. Subs. by Act 16 of 1911, s. 4, for one hundred rupees.
3. Ins. by 4 of 1914, s. 2 and Sch., Pt. I. | 4 | Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s.5]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees.[Vide Uttar Pradesh Act 57 of 1976, s.28]
Uttar Pradesh
Amendment of section 25.--In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 for the trial of suits cognizable by such Courts.up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.Vide Uttar Pradesh Act 17 of 1991, s.51.Ss.24 and 25 do not apply to Honorary Munsifs and Benches in the U.P.; see the U.P.Honorary Munsifs Act, 1896 (U.P.2 of 1896), s.13.2.Subs.by Act 16 of 1911, s.4, for one hundred rupees.3.Ins.by 4 of 1914, s.2 and Sch., Pt.I. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43045§ionno=26&orderno=26 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 26 | [Repealed | [Suspension or removal of Judges by Local Government.] Rep., ibid. | 0 | [Repealed [Suspension or removal of Judges by Local Government.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43046§ionno=27&orderno=27 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 27 | [Repealed | [Suspension of Subordinate Judge by High Court.] Rep., ibid. | 0 | [Repealed [Suspension of Subordinate Judge by High Court.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43047§ionno=28&orderno=28 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 28 | [Repealed | [Suspension or removal of Munsif by High Court.] Rep., ibid. | 0 | [Repealed [Suspension or removal of Munsif by High Court.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43048§ionno=29&orderno=29 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 29 | [Repealed | [Suspension of Munsif by District Judge. Rep., ibid. | 0 | [Repealed [Suspension of Munsif by District Judge.Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43049§ionno=30&orderno=30 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 30 | [Repealed | [Appointment and removal of ministerial officers of District Courts..] Rep., ibid. | 0 | [Repealed [Appointment and removal of ministerial officers of District Courts..] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43050§ionno=31&orderno=31 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 31 | [Repealed | [Appointment and removal of ministerial officers of other Courts.] Rep., ibid. | 0 | [Repealed [Appointment and removal of ministerial officers of other Courts.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43051§ionno=32&orderno=32 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 32 | [Repealed | [Appointment and removal of ministerial officers on joint establishments.] Rep., ibid. | 0 | [Repealed [Appointment and removal of ministerial officers on joint establishments.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43052§ionno=33&orderno=33 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 33 | [Repealed | [General powers of District Judge.] Rep., ibid. | 0 | [Repealed [General powers of District Judge.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43053§ionno=34&orderno=34 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 34 | [Repealed | [Transfer of ministerial officers.] Rep., ibid. | 0 | [Repealed [Transfer of ministerial officers.] Rep., ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43054§ionno=35&orderno=35 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 35 | [Repealed | [Recovery of fines.] Rep., ibid | 0 | [Repealed [Recovery of fines.] Rep., ibid |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43055§ionno=36&orderno=36 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 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, 1[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*** .
(2) Nothing in 3[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.
STATE AMENDMENT
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]1. Ins. by 4 of 1906, s. 6.
2. 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. 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)". | 0 | 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, 1[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*** .(2) Nothing in 3[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.STATE AMENDMENT
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]1.Ins.by 4 of 1906, s.6.2.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.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)". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43056§ionno=37&orderno=37 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 37 | Certain decisions to be according to Native law | 1(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished.
(2) In cases not provided for sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.1. The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of 1943. | 0 | Certain decisions to be according to Native law 1(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished.(2) In cases not provided for sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.1.The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937), rep.by s.6 of that Act, but have been revived by s.3 of Act 16 of 1943. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43057§ionno=38&orderno=38 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 38 | Judges not to try suits in which they are interested | (1) The presiding officer of a Civil Court shall not try any spit or other proceeding to which he is a party or in which he is personally interested.
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or subsection (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference.
(4) The superior Court shall thereupon dispose of the case under section 25 of the Code of Civil Procedure (14 of 1882)1.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.
STATE AMENDMENT
Assam
Amendment of section 38.-- In sub-section (4) of section 38 of the said Act, for the words and figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of Civil Procedure, 1908" shall be substituted.
[Vide Assam Act 6 of 1935, s. 8]1. See now s. 24 of the Code of Civil Procedure, 1908 (Act 5 of 1908). In Bengal and Assam, that reference has been formally subs. by Ben. Act 19 of 1935 and Assam Act 6 of 1935 respectively. | 0 | Judges not to try suits in which they are interested (1) The presiding officer of a Civil Court shall not try any spit or other proceeding to which he is a party or in which he is personally interested.(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity.(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or subsection (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference.(4) The superior Court shall thereupon dispose of the case under section 25 of the Code of Civil Procedure (14 of 1882)1.(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.STATE AMENDMENT
Assam
Amendment of section 38.-- In sub-section (4) of section 38 of the said Act, for the words and figures "section 25 of the Code of Civil Procedure", the words and figures "section 24 of the Code of Civil Procedure, 1908" shall be substituted.[Vide Assam Act 6 of 1935, s.8]1.See now s.24 of the Code of Civil Procedure, 1908 (Act 5 of 1908).In Bengal and Assam, that reference has been formally subs.by Ben.Act 19 of 1935 and Assam Act 6 of 1935 respectively. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43058§ionno=39&orderno=39 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 39 | Subordination of Courts to District Court | For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and, for the purposes of the Code of Civil Procedure (14 of 1882), the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.
STATE AMENDMENT
Assam
In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be inserted.
[Vide Assam Act 6 of 1935, s. 4] | 0 | Subordination of Courts to District Court For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and, for the purposes of the Code of Civil Procedure (14 of 1882), the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.STATE AMENDMENT
Assam
In Section 39 of the Said Act, after the words "Code of Civil Procedure", the figures "1908" shall be inserted.[Vide Assam Act 6 of 1935, s.4] |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00027_188712_1523273842065§ionId=43059§ionno=40&orderno=40 | "1887-03-11T00:00:00" | The Bengal, Agra and Assam Civil Courts Act, 1887 | An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. | 188712 | Ministry of Law and Justice | 40 | Application of Act to State Courts of Small Causes | (1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887).
(2) Save as provided by that Act, the other sections of this Act do not apply to those Courts. | 0 | Application of Act to State Courts of Small Causes (1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887).(2) Save as provided by that Act, the other sections of this Act do not apply to those Courts. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00043_195818_1538115590939§ionId=35326§ionno=1&orderno=1 | "1958-05-15T00:00:00" | The Gift-tax Act, 1958 | An Act to provide for the levy of gift-tax | 195818 | Ministry of Finance | 1 | Short title, extent and commencement | (1) This Act may be called the Gift-tax Act, 1958.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
(3) It shall be deemed to have come into force on the 1st day of April, 1958.*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | 0 | Short title, extent and commencement (1) This Act may be called the Gift-tax Act, 1958.(2) It extends to the whole of India except the State of Jammu and Kashmir*.(3) It shall be deemed to have come into force on the 1st day of April, 1958.*.Vide notification No.S.O.3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00043_195818_1538115590939§ionId=35327§ionno=2&orderno=2 | "1958-05-15T00:00:00" | The Gift-tax Act, 1958 | An Act to provide for the levy of gift-tax | 195818 | Ministry of Finance | 2 | Definitions | In this Act, unless the context otherwise requires,
1 * * * * *
2 (ii) Appellate Tribunal means the Appellate Tribunal constituted under section 252 of the Income-tax Act;
(iii) assessee means a person by whom gift-tax or any other sum of money is payable under this Act, and includes
(a) every person in respect of whom any proceeding under this Act has been taken for the determination of gift-tax payable by him or by any other person or the amount of refund due to him or such other person;
(b) every person who is deemed to be an assessee under this Act;
(c) every person who is deemed to be an assessee in default under this Act;
3 (iiia) Assessing Officer means the 4 Assistant Commissioner or Deputy Commissioner or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of the Income-tax Act which apply for the purposes of gift-tax under section 7 of this Act, and also the 5 Joint Commissioner who is directed under clause (b) of sub-section (4) of the said section 120 to exercise or perform all or any of the powers and functions conferred on or assigned to the Assessing Officer under that Act;
(iv) assessment includes reassessment;
(iva) assessment year means the period of twelve months commencing on the 1st day of April every year;
(v) Board means the 6 Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
7 (va) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility 8 ***;
9 * * * * *
10 * * * * *
11 (vii) the expressions company, Indian company and company in which the public are substantially interested shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
12 * * * * *
(viii) donee means any person who acquires any property under a gift, and, where a gift is made to a trustee for the benefit of another person, includes both the trustee and the beneficiary;
(ix) donor means any person who makes a gift;
(x) executor means an executor or administrator of the estate of a deceased person;
13 (xi) the expressions firm, partner and partnership shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
(xii) gift means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or moneys worth, and 14 includes the transfer or conversion of any property referred to in section 4, deemed to be a gift under that section.
15Explanation.A transfer of any building or part thereof referred to in clause (iii), clause (iiia) or clause (iiib) of section 27 of the Income-tax Act by the person who is deemed under the said clause to be the owner thereof made voluntarily and without consideration in money or moneys worth, shall be deemed to be a gift made by such person;
16* * * * *
17 (xiv) ―Income-tax Act‖ means the Income-tax Act, 1961 (43 of 1961);
18 * * * * *
19 * * * * *
20 * * * * *
21 (xvib) ―legal representative‖ has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);
22 * * * * *
(xviii) ―person‖ includes a Hindu undivided family or a company or an association or a body of individuals or persons, whether incorporated or not;
(xix) ―prescribed‖ means prescribed by rules made under this Act;
(xx) ―previous year‖, in relation to any assessment year—
(a) in the case of an assessee 23 having no source of income, profits or gains or having a source of income, profits or gains in respect of which there is no previous year under the Income-tax Act, means the twelve months ending on the 31st day of March immediately preceding the assessment year;
24 * * * * *
(c) in the case of any other assessee, means the previous year as defined in 25 section 3 of the the Income-tax Act if an assessment were to be made under that Act for that year :
26Provided that where a person who has not been assessed under this Act for any assessment year makes a gift on a date which does not fall within a previous year as defined in sub-clause (a) 27*** or sub-clause (c), the previous year shall be the twelve months ending on the 31st day of March immediately preceding the assessment year;
28* * * * *
(xxi) ―principal officer‖, used with reference to a company or any association of persons, means—
(a) the secretary and treasurer, manager, managing agent, managing director or agent of the company or association; or
(b) any person connected with the management of the affairs of the company or association upon whom the 29Assessing Officer has served a notice of his intention of treating him as the principal officer thereof;
(xxii) ―property‖ includes any interest in property, movable or immovable;
(xxiii) ―taxable gifts‖ means gifts chargeable to gift-tax under this Act;
301 (xxiiia) territories to which this Act extends shall be deemed to include the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu, and Pondicherry—
(a) as respects any period for the purposes of section 5; and (b) as respects any period included in the previous year, for the purposes of making any assessment for the assessment year commencing on the 1st day of April, 1963, or for any subsequent year;
(xxiv) ―transfer of property‖ means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes—
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment 31 (whether general, special or subject to any restrictions as to the persons in whose favour the appointment may be made) of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person;
32 (xxv) the expressions ―Chief Commissioner‖, ―Director General‖, ―Commissioner‖, ―Commissioner (Appeals), ―Director, 334 ―Additional Director of Income-tax‖, ―Additional Commissioner of Income-tax‖, ―Additional Commissioner of Income-tax (Appeals), ― 34 Joint Director 35 ―Joint Commissioner, ―Deputy Commissioner (Appeals), 36 ―Assistant Commissioner Commissioner or Deputy Commissioner‖, ―Income-tax Officer, ―Tax Recovery Officer‖ and ―Inspector of Income-tax shall have the meanings respectively assigned to them under section 2 of the Income-tax Act.1. Clause (i) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
2. Subs. by Act 53 of 1962, s. 2, for clauses (ii), (iii) and (iv) (w.e.f. 1-4-1963).
3. Ins. by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
4. Subs. by Act 21 of 1998, s. 76, for Assistant Commissioner (w.e.f. 1-10-1998).
5. Subs. by s. 76, ibid., for Deputy Commissioner (w.e.f. 1-10-1998).
6. Subs. by Act 54 of 1963, s. 5 for Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (w.e.f. 1-1-1964).
7. Ins. by Act 53 of 1962, s. 2 (w.e.f. 1-4-1963).
8. The words not involving the carrying on of any activity for profit omitted by Act 67 of 1984, s. 71 (w.e.f. 1-4-1984).
9. Clause (vi) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
10. Clause (via) omitted by s. 162, ibid. (w.e.f. 1-4-1988).
11. Subs. by s. 162, ibid., for clause (vii) (w.e.f. 1-4-1988).
12. Clause (viia) omitted by s. 162, ibid. (w.e.f. 1-4-1988).
13. Subs. by s. 162, ibid., for clause (xi) (w.e.f. 1-4-1989).
14. Subs. by Act 32 of 1971, s. 37, for includes the transfer of any property deemed to be a gift under section 4 (w.e.f. 1-4-1972).
15. Ins. by Act 11 of 1987, s. 90 (w.e.f. 1-4-1988).
16. Clause (xiii) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
!7. Subs. by Act 53 of 1962, s. 2, for clause (xiv) (w.e.f. 1-4-1963).
18. Clause (xv) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
19. Clause (xvi) omitted by, s. 162, ibid. (w.e.f. 1-4-1989).
20. Clause (xvia) omitted by, s. 162, ibid. (w.e.f. 1-4-1989).
21. Ins. by Act 53 of 1962, s. 2 (w.e.f. 1-4-1963).
22. Clause (xvii) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
23. Ins. by Act 12 of 1959, s. 27 (w.e.f. 1-4-1959).
24. Sub-clause (b) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
25. Subs. by Act 53 of 1962, s. 2, for ―clause (11) of section 2 (w.e.f. 1-4-1963).
26. Ins. by Act 12 of 1959, s. 27 (w.e.f. 1-4-1959).
27. The words ―or sub-clause (b) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
28. The Second proviso omitted by s.162, ibid, (w.e.f. 1-4-1989).
29. Subs. by s. 161, ibid., for ―Gift-tax Officer (w.e.f. 1-4-1988).
30. Ins. by The Taxation Laws (Extension to Union Territories) Regulation, 1963 (3 of 1963), by s. 3 and the Schedule (w.e.f. 1-4-1963).
31. Ins. by Act 44 of 1980, s. 42 (w.e.f. 1-4-1980).
32. Ins. by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
33. Ins. by Act 32 of 1994, s. 54 (w.e.f. 1-6-1994).
34. Subs. by Act 21 of 1998, s. 76 for ―Deputy Director (w.e.f. 1-10-1998).
35. Subs. by s. 76, ibid., for ―Deputy Commissioner (w.e.f. 1-10-1998).
36. Subs. by s. 76, ibid., for ―Assistant Commissioner (w.e.f. 1-10-1998). | 0 | Definitions In this Act, unless the context otherwise requires,
1 * * * * *
2 (ii) Appellate Tribunal means the Appellate Tribunal constituted under section 252 of the Income-tax Act;
(iii) assessee means a person by whom gift-tax or any other sum of money is payable under this Act, and includes
(a) every person in respect of whom any proceeding under this Act has been taken for the determination of gift-tax payable by him or by any other person or the amount of refund due to him or such other person;
(b) every person who is deemed to be an assessee under this Act;
(c) every person who is deemed to be an assessee in default under this Act;
3 (iiia) Assessing Officer means the 4 Assistant Commissioner or Deputy Commissioner or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of the Income-tax Act which apply for the purposes of gift-tax under section 7 of this Act, and also the 5 Joint Commissioner who is directed under clause (b) of sub-section (4) of the said section 120 to exercise or perform all or any of the powers and functions conferred on or assigned to the Assessing Officer under that Act;
(iv) assessment includes reassessment;
(iva) assessment year means the period of twelve months commencing on the 1st day of April every year;
(v) Board means the 6 Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
7 (va) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility 8 ***;
9 * * * * *
10 * * * * *
11 (vii) the expressions company, Indian company and company in which the public are substantially interested shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
12 * * * * *
(viii) donee means any person who acquires any property under a gift, and, where a gift is made to a trustee for the benefit of another person, includes both the trustee and the beneficiary;
(ix) donor means any person who makes a gift;
(x) executor means an executor or administrator of the estate of a deceased person;
13 (xi) the expressions firm, partner and partnership shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
(xii) gift means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or moneys worth, and 14 includes the transfer or conversion of any property referred to in section 4, deemed to be a gift under that section.15Explanation. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00043_195818_1538115590939§ionId=35327§ionno=2&orderno=2 | "1958-05-15T00:00:00" | The Gift-tax Act, 1958 | An Act to provide for the levy of gift-tax | 195818 | Ministry of Finance | 2 | Definitions | In this Act, unless the context otherwise requires,
1 * * * * *
2 (ii) Appellate Tribunal means the Appellate Tribunal constituted under section 252 of the Income-tax Act;
(iii) assessee means a person by whom gift-tax or any other sum of money is payable under this Act, and includes
(a) every person in respect of whom any proceeding under this Act has been taken for the determination of gift-tax payable by him or by any other person or the amount of refund due to him or such other person;
(b) every person who is deemed to be an assessee under this Act;
(c) every person who is deemed to be an assessee in default under this Act;
3 (iiia) Assessing Officer means the 4 Assistant Commissioner or Deputy Commissioner or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of the Income-tax Act which apply for the purposes of gift-tax under section 7 of this Act, and also the 5 Joint Commissioner who is directed under clause (b) of sub-section (4) of the said section 120 to exercise or perform all or any of the powers and functions conferred on or assigned to the Assessing Officer under that Act;
(iv) assessment includes reassessment;
(iva) assessment year means the period of twelve months commencing on the 1st day of April every year;
(v) Board means the 6 Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
7 (va) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility 8 ***;
9 * * * * *
10 * * * * *
11 (vii) the expressions company, Indian company and company in which the public are substantially interested shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
12 * * * * *
(viii) donee means any person who acquires any property under a gift, and, where a gift is made to a trustee for the benefit of another person, includes both the trustee and the beneficiary;
(ix) donor means any person who makes a gift;
(x) executor means an executor or administrator of the estate of a deceased person;
13 (xi) the expressions firm, partner and partnership shall have the meanings respectively assigned to them under section 2 of the Income-tax Act;
(xii) gift means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or moneys worth, and 14 includes the transfer or conversion of any property referred to in section 4, deemed to be a gift under that section.
15Explanation.A transfer of any building or part thereof referred to in clause (iii), clause (iiia) or clause (iiib) of section 27 of the Income-tax Act by the person who is deemed under the said clause to be the owner thereof made voluntarily and without consideration in money or moneys worth, shall be deemed to be a gift made by such person;
16* * * * *
17 (xiv) ―Income-tax Act‖ means the Income-tax Act, 1961 (43 of 1961);
18 * * * * *
19 * * * * *
20 * * * * *
21 (xvib) ―legal representative‖ has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);
22 * * * * *
(xviii) ―person‖ includes a Hindu undivided family or a company or an association or a body of individuals or persons, whether incorporated or not;
(xix) ―prescribed‖ means prescribed by rules made under this Act;
(xx) ―previous year‖, in relation to any assessment year—
(a) in the case of an assessee 23 having no source of income, profits or gains or having a source of income, profits or gains in respect of which there is no previous year under the Income-tax Act, means the twelve months ending on the 31st day of March immediately preceding the assessment year;
24 * * * * *
(c) in the case of any other assessee, means the previous year as defined in 25 section 3 of the the Income-tax Act if an assessment were to be made under that Act for that year :
26Provided that where a person who has not been assessed under this Act for any assessment year makes a gift on a date which does not fall within a previous year as defined in sub-clause (a) 27*** or sub-clause (c), the previous year shall be the twelve months ending on the 31st day of March immediately preceding the assessment year;
28* * * * *
(xxi) ―principal officer‖, used with reference to a company or any association of persons, means—
(a) the secretary and treasurer, manager, managing agent, managing director or agent of the company or association; or
(b) any person connected with the management of the affairs of the company or association upon whom the 29Assessing Officer has served a notice of his intention of treating him as the principal officer thereof;
(xxii) ―property‖ includes any interest in property, movable or immovable;
(xxiii) ―taxable gifts‖ means gifts chargeable to gift-tax under this Act;
301 (xxiiia) territories to which this Act extends shall be deemed to include the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu, and Pondicherry—
(a) as respects any period for the purposes of section 5; and (b) as respects any period included in the previous year, for the purposes of making any assessment for the assessment year commencing on the 1st day of April, 1963, or for any subsequent year;
(xxiv) ―transfer of property‖ means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes—
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment 31 (whether general, special or subject to any restrictions as to the persons in whose favour the appointment may be made) of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person;
32 (xxv) the expressions ―Chief Commissioner‖, ―Director General‖, ―Commissioner‖, ―Commissioner (Appeals), ―Director, 334 ―Additional Director of Income-tax‖, ―Additional Commissioner of Income-tax‖, ―Additional Commissioner of Income-tax (Appeals), ― 34 Joint Director 35 ―Joint Commissioner, ―Deputy Commissioner (Appeals), 36 ―Assistant Commissioner Commissioner or Deputy Commissioner‖, ―Income-tax Officer, ―Tax Recovery Officer‖ and ―Inspector of Income-tax shall have the meanings respectively assigned to them under section 2 of the Income-tax Act.1. Clause (i) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
2. Subs. by Act 53 of 1962, s. 2, for clauses (ii), (iii) and (iv) (w.e.f. 1-4-1963).
3. Ins. by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
4. Subs. by Act 21 of 1998, s. 76, for Assistant Commissioner (w.e.f. 1-10-1998).
5. Subs. by s. 76, ibid., for Deputy Commissioner (w.e.f. 1-10-1998).
6. Subs. by Act 54 of 1963, s. 5 for Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (w.e.f. 1-1-1964).
7. Ins. by Act 53 of 1962, s. 2 (w.e.f. 1-4-1963).
8. The words not involving the carrying on of any activity for profit omitted by Act 67 of 1984, s. 71 (w.e.f. 1-4-1984).
9. Clause (vi) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
10. Clause (via) omitted by s. 162, ibid. (w.e.f. 1-4-1988).
11. Subs. by s. 162, ibid., for clause (vii) (w.e.f. 1-4-1988).
12. Clause (viia) omitted by s. 162, ibid. (w.e.f. 1-4-1988).
13. Subs. by s. 162, ibid., for clause (xi) (w.e.f. 1-4-1989).
14. Subs. by Act 32 of 1971, s. 37, for includes the transfer of any property deemed to be a gift under section 4 (w.e.f. 1-4-1972).
15. Ins. by Act 11 of 1987, s. 90 (w.e.f. 1-4-1988).
16. Clause (xiii) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
!7. Subs. by Act 53 of 1962, s. 2, for clause (xiv) (w.e.f. 1-4-1963).
18. Clause (xv) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
19. Clause (xvi) omitted by, s. 162, ibid. (w.e.f. 1-4-1989).
20. Clause (xvia) omitted by, s. 162, ibid. (w.e.f. 1-4-1989).
21. Ins. by Act 53 of 1962, s. 2 (w.e.f. 1-4-1963).
22. Clause (xvii) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
23. Ins. by Act 12 of 1959, s. 27 (w.e.f. 1-4-1959).
24. Sub-clause (b) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
25. Subs. by Act 53 of 1962, s. 2, for ―clause (11) of section 2 (w.e.f. 1-4-1963).
26. Ins. by Act 12 of 1959, s. 27 (w.e.f. 1-4-1959).
27. The words ―or sub-clause (b) omitted by Act 4 of 1988, s. 162 (w.e.f. 1-4-1989).
28. The Second proviso omitted by s.162, ibid, (w.e.f. 1-4-1989).
29. Subs. by s. 161, ibid., for ―Gift-tax Officer (w.e.f. 1-4-1988).
30. Ins. by The Taxation Laws (Extension to Union Territories) Regulation, 1963 (3 of 1963), by s. 3 and the Schedule (w.e.f. 1-4-1963).
31. Ins. by Act 44 of 1980, s. 42 (w.e.f. 1-4-1980).
32. Ins. by Act 4 of 1988, s. 162 (w.e.f. 1-4-1988).
33. Ins. by Act 32 of 1994, s. 54 (w.e.f. 1-6-1994).
34. Subs. by Act 21 of 1998, s. 76 for ―Deputy Director (w.e.f. 1-10-1998).
35. Subs. by s. 76, ibid., for ―Deputy Commissioner (w.e.f. 1-10-1998).
36. Subs. by s. 76, ibid., for ―Assistant Commissioner (w.e.f. 1-10-1998). | 1 | Definitions A transfer of any building or part thereof referred to in clause (iii), clause (iiia) or clause (iiib) of section 27 of the Income-tax Act by the person who is deemed under the said clause to be the owner thereof made voluntarily and without consideration in money or moneys worth, shall be deemed to be a gift made by such person;
16* * * * *
17 (xiv) ―Income-tax Act‖ means the Income-tax Act, 1961 (43 of 1961);
18 * * * * *
19 * * * * *
20 * * * * *
21 (xvib) ―legal representative‖ has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);
22 * * * * *
(xviii) ―person‖ includes a Hindu undivided family or a company or an association or a body of individuals or persons, whether incorporated or not;
(xix) ―prescribed‖ means prescribed by rules made under this Act;
(xx) ―previous year‖, in relation to any assessment year—
(a) in the case of an assessee 23 having no source of income, profits or gains or having a source of income, profits or gains in respect of which there is no previous year under the Income-tax Act, means the twelve months ending on the 31st day of March immediately preceding the assessment year;
24 * * * * *
(c) in the case of any other assessee, means the previous year as defined in 25 section 3 of the the Income-tax Act if an assessment were to be made under that Act for that year :
26Provided that where a person who has not been assessed under this Act for any assessment year makes a gift on a date which does not fall within a previous year as defined in sub-clause (a) 27*** or sub-clause (c), the previous year shall be the twelve months ending on the 31st day of March immediately preceding the assessment year;
28* * * * *
(xxi) ―principal officer‖, used with reference to a company or any association of persons, means—
(a) the secretary and treasurer, manager, managing agent, managing director or agent of the company or association; or
(b) any person connected with the management of the affairs of the company or association upon whom the 29Assessing Officer has served a notice of his intention of treating him as the principal officer thereof;
(xxii) ―property‖ includes any interest in property, movable or immovable;
(xxiii) ―taxable gifts‖ means gifts chargeable to gift-tax under this Act;
301 (xxiiia) territories to which this Act extends shall be deemed to include |