Section 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]
Notes:
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)".