act 016 of 1867 : Acting Judges Act, 1867 [Repealed]

Acting Judges Act, 1867 [Repealed]

ACTNO. 16 OF 1867

03 January, 1867

[Repealed by Act 22 of 2001, Section 2 and Schedule.]

An Act to authorize the making of acting appointments to certain Judicial Offices1

Whereas the Governor General of India in Council or the Local Government, as the case may be, is empowered by divers enactments to appoint the Judges of certain Courts 2[* * *]: And whereas it has been doubted whether he or it is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubts; It is hereby enacted as follows:

Section 1. Power to appoint acting Judges

In every case in which the Central Government, or the State Government, as the case may be, has power under any Act or Regulation to appoint a Judge of any Court 3[* * *], such power shall be taken to include the power to appoint any person capable of being appointed a permanent Judge of such Court, to act as Judge of the same Court for such time as the Central Government or the State Government, as the case may be, shall direct. Every person so appointed to act temporarily as a Judge of any such Court shall have the powers and perform the duties which he would have had and been liable to perform in case he had been duly appointed a permanent Judge of the same Court.

Section 2. Certain enactments to be construed as if they contained a clause like Section 1 of this Act

Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.

1. This Act has been declared, by notification under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: The Districts of Haz ribagh, Loh rdaga (now the Ranchi Districts, see Calcutta Gazette, 1899, Part I, p. 44), and Manbhum, and Pargana Dh lbhum and the Kolhan in the District of Singbhum see Gazette of India, 1881, Part I, p. 504. This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), Section 2.

2. The words in the Provinces were omitted by the A.O. 1950.

3. The words in British India were repealed by the A.O. 1948.