BENGAL, AGRA AND ASSAM CIVIL COURTS (WEST BENGAL AMENDMENT) ACT, 1983

Act No. 14 of 1983

08th June, 1983

An Act to amend the Bengal, Agra and Assam Civil Courts Act, 1887, in its application to West Bengal. Whereas it is expedient to amend the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows: --

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S.1 Short title and commencement

(1) This Act may be called the Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act, 1983.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application of the Act

The Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 3 of Act 12 of 1887

In section 3 of the principal Act, in clause (3), for the words "Subordinate Judge;", the words "Assistant District fudge;" shall be substituted.

S.4 Amendment of section 4

In section 4 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted;
• (b) for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted.

S.5 Amendment of section 6

In section 6 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judges.", the words "Assistant District Judges." shall be substituted;
• (b) in sub-section (1),--
  • (i) for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted, and
  • (ii) for the words "Subordinate Judges" in the two places where they occur, the words "Assistant District Judges" shall be substituted;
• (c) in sub-section (2), for the words "Subordinate Judge", wherever they occur, the words "Assistant District Judge" shall be substituted.

S.6 Amendment of section 10

In section 10 of the principal Act,--

• (a) in sub-section (1), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (b) in sub-section (2), for the words "Subordinate Judge,", the words "Assistant District Judge," shall be substituted.

S.7 Amendment of section 11

In section 11 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judge.", the words "Assistant District Judge." shall be substituted;
• (b) in sub-section (1), for the words "Subordinate Judge" in the two places where they occur, the words "Assistant District Judge" shall be substituted;
• (c) in sub-section (3), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (d) in sub-section (4), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.8 Amendment of section 13

In section 13 of the principal Act,--

• (a) in sub-section (2),--
  • (i) for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted, and
  • (ii) for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (b) in sub-section (3),--
  • (i) for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted, and
  • (ii) for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (c) in sub-section (4), for the words "Subordinate Judge" in the two places where they occur, the words "Assistant District Judge" shall be substituted.

S.9 Amendment of section 18

In section 18 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judge.", the words "Assistant District Judge." shall be substituted;
• (b) for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.10 Amendment of section 21

In section 21 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted;
• (b) in sub-section (1), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (c) in sub-section (4), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.11 Amendment of section 22

In section 22 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judges", the words "Assistant District Judges" shall be substituted;
• (b) in sub-section (1), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.12 Amendment of section 23

In section 23 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted;
• (b) in sub-section (1), for the words "Subordinate Judge" in the two places where they occur, the words "Assistant District Judge" shall be substituted;
• (c) in sub-section (3), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.13 Amendment of section 24

In section 24 of the principal Act, in sub-section (1), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.14 Amendment of section 25

In section 25 of the principal Act,--

• (a) in the marginal note, for the words "Subordinate judges", the words "Assistant District Judges" shall be substituted;
• (b) for the words "Subordinate Judge" in the two places where they occur, the words "Assistant District Judge" shall be substituted.

S.15 Amendment of section 36

In section 36 of the principal Act, in sub-section (3), for the words "Subordinate Judge", the words "Assistant District Judge" shall be substituted.

S.16 Saving of suits, proceedings and appeals

(1) Any suit or proceeding pending in the Court of a Subordinate Judge shall, on the coming into force of this Act, be disposed of as if such suit or proceeding had been instituted in the Court of the Assistant District Judge.

(2) Nothing in this Act shall affect any appeal from a decree or order of a Subordinate Judge pending in the Court of the District Judge or in the High Court, as the case may be, on the date on which this Act comes into force, and every such appeal shall be continued as if this Act had not been passed.