Central · Act 12 of 1887

Section 36 — Power to confer powers of Civil Courts on officers.

The Bengal, Agra and Assam Civil Courts Act, 1887

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STATUTORY TEXT
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(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]

Source footnotes

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)".

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Next · Section 37Certain decisions to be according to Native law. →All sections / सभी धाराएँThe Bengal, Agra and Assam Civil Courts Act, 1887 →
More sections of this actSection 1 · Title, extent and commencement.Section 2 · Repeal.Section 3 · Classes of Courts.Section 4 · Number of District Judges, Subordinate Judges and Munsifs.Section 5 · [Repealed.] .Section 6 · Vacancies among District or Subordinate Judges.Section 7 · [Repealed.] .Section 8 · Additional Judges.
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India Code, Government of India. Text fetched 16 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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