Bengal, Agra and Assam Civil Courts Act, 1887
No: 12 Dated: Mar, 11 1887
Amendment:- Bengal, Agra and Assam Civil Court (Amendment) Act, 1965
THE BENGA L, AGRA AND ASSAM CIVIL COURTS ACT, 1887
ACT NO. 12 OF 1887
An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam.
WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Title, extent and commencement.—(1)This Act may be called the Bengal, Agra and Assam Civil Courts Act, 1887.
(2) It extends to the territories 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; and
(3) It shall come into force on the first day of July, 1887
2. Repeal.—
(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powers conferred and lists published under the Bengal Civil Courts Act, 1871 (6 of 1871) 7 , or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made,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(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871 (6 of 1871)7 , or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.
CHAPTER II
CONSTITUTIONOF CIVILCOURTS
3. Classes of Courts.—Thereshall 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.
4. Number of District Judges, Subordinate Judges and Munsifs.—TheState Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.
5.Number of Munsifs. Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule, PartI
6.Vacancies among District or Subordinate Judges.—(1) Wheneverthe 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 (an increase in the number of District or Subordinate Judges has been made under the provisions of section 4, the 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.
(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.