GOVERNMENT OF GUJARAT
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT NO. 31 OF 1973
THE GUJARAT JUDICIAL COURTS
LAWS (AMENDMENT)ACT,1973
(As modified upto the 31st October, 2006)
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THE GUJARAT JUDICIAL COURTS LAWS (AMENDMENT) ACT, 1973
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CONTENTS
PREAMBLE PAGE
NO.
SECTIONS.
1. Short title 1
2. Substitution of new section 35 in Bom. XIV of 1869. 2
3. Amendment of section 36 of Bom. XIV of 1869. 2
4. Insertion of section 6A in Guj. XIX of 1961. 2
5. Amendment of section 11 of Guj. XIX of 1961. 3
6. Amendment of section 14 of Guj. XIX of 1961. 3
7. Insertion of section 14A in Guj. XIX of 1961. 3
8. Insertion of section 8B in Act XV of 1882. 3
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GUJARAT ACT NO. 31 OF 1973*1
[THE GUJARAT JUDICIAL COURTS LAWS (AMENDMENT) ACT, 1973]
[21st December, 1973]
An Act to amend certain laws relating to judicial courts for purposes hereinafter appearing.
It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows :
1. This Act may be called the Gujarat Judicial Courts Laws (Amendment) Act,
1973.
2. For section 35 of the Bombay Civil Courts Act, 1869 (hereinafter referred to as
"the Civil Courts Act"), the following section shall be substituted, namely :-
"35. (1) Where the office of the District Judge in a district falls or remains vacant from any cause or the District Judge is prevented from performing his duties due to illness or other cause,-
(i) if there is a Joint Judge in such district, the Joint Judge shall assume charge of the District Court without interruption to his own duties and shall, while so in charge, exercise all the powers of a District Judge ;
(ii) if there is no Joint Judge in the district or if there is a Joint Judge, but he is unable to assume charge of the District Court due to his absence from the district or any other reason, the first in rank of the Assistant Judges in the district shall assume charge of the District Court without interruption to his ordinary jurisdiction and if there is no Assistant Judge or the Assistant Judge is unable to assume charge for any reason as aforesaid, the first in rank of the Civil Judges in the district shall so assume such charge.
(2) The Assistant Judge or, as the case may be, the Civil Judge holding charge of the District Court under sub-section (1) shall, while so in charge, perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processed ,return of writs and like matters and exercise such powers of a District Judge as may be specified by a general or special order made by the High Court.
(3) The Joint Judge, Assistant Judge, or, as the case may be, the Civil Judge, while holding such charge shall be designated as Joint Judge, Assistant Judge or, as the case may be, Civil Judge, in charge of the district.
(4) The Joint Judge, the Assistant Judge, or, as the case may be, the Civil Judge in charge of the district shall continue in such charge until the office of the District Judge may be resumed or assumed by an officer duly appointed thereto and in cases other than those where such officer so resumes or assumes such charge, the Assistant Judge or, as the case may be, the Civil Judge so in charge shall continue to be in such charge until the Joint Judge or as the case may be, the Assistant Judge shall assume such charge."
3. In section 36 of the Civil Courts Act,-
(a) for the words "may delegate to an Assistant Judge, or in the absence of an Assistant Judge, to Civil Judge" the words "may delegate to a Joint Judge, if any, or in the absence of a Joint Judge, to an Assistant Judge or in the absence of an Assistant Judge, to a Civil Judge" shall be substituted;
(b) for the words "shall be designated Assistant or Civil Judge" the words
"shall be designated Joint or Assistant or Civil Judge' shall be substituted.
4. In the Ahmedabad City Courts Act, 1961 (hereinafter referred to as "the City Courts Act"), after section 6 the following section shall be inserted, namely :-
Short title. Substitution of new section 35 in Bom. XIV of 1869.
Temporary vacancy of office of District Judge. Amendment of section36 of Bom.XIV of 1869. Insertion of section 6A in Guj. XIX of
1961.
Guj. XIX of
1961.
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"6A. (1) In the event of the office of the Principal Judge falling or remaining vacant from any cause or in the event of his being prevented from performing his duties due to illness or other cause, the first in rank of the other Judges of the City Court shall, without interruption to his own duties, assume charge of the office of the Principal Judge and while so in charge shall perform all the duties and exercise all the powers of the Principal Judge under this Act or any other law for the time being in force.
(2) The Judge so assuming charge shall continue in such charge until the office of the Principal Judge may be resumed or assumed by an officer duly appointed thereto."
5. In section 11 of the City Courts Act, after sub-section (2), the following sub-section shall be added, namely :-
"(3) The Judge specified in sub-section (1) may, with the approval of the High Court, make any change in the days to be so observed as holidays for vacation, if at any time after the publication of such list, circumstances render it necessary for him to do so and such change shall be published in the Official Gazette."
6. In section 14 of the City Courts Act, after sub-section (4), the following sub-section shall be added, namely :-
"(5) Notwithstanding anything contained in sub-sections (1), (2) and (4), where a public notification under article 237 of the Constitution has been issued in relation to such class of Magistrates, the power to appoint Magistrates under this section shall be exercised subject to the terms of the said notification and in a case where, in view of the issue of such notification, the power to appoint any Magistrate vests in the High Court, the term of appointments of such Magistrate shall be such as the High Court may direct."
7. In the City Courts Act, after section 14, the following section shall be inserted, namely :-
"14A. (1) In the event of the office of the Chief Magistrate falling or remaining vacant from any cause or in the event of his being prevented from performing his duties due to illness or other cause, the first in rank of the other Magistrates for the City of Ahmedabad shall, without interruption to his own duties, assume charge of the office of the Chief Magistrate and while so in charge shall perform all the duties and exercise all the powers of the Chief Magistrate under the Criminal Procedure Code or any other law for the time being in force.
(2) The Magistrate so assuming charge shall continue in such charge until the office of the Chief Magistrate may be resumed or assumed by an officer duly appointed thereto."
8. In the Presidency Small Cause Courts Act, 1882, in its application to the City of Ahmedabad, after section 8A the following section shall be inserted, namely :-
"8B. (1) In the event of the office of the Chief Judge falling or remaining vacant from any cause or in the event of his being prevented from performing his duties due to illness or other cause, the first in rank of the other Judges of the Court of Small Causes of Ahmedabad shall, without interruption, to his own duties, assume charge of the office of the Chief Judge and while so is charge shall perform all the duties and exercise all the powers of the Chief Judge under this Act or any other law for the time being in force.
(2) The Judge so assuming charges shall continue in such charge until the office of the Chief Judge may be resumed or assumed by an officer duly appointed thereto."
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1. For Statement of Objects and Reasons see Gujarat Government Gazette, Extraordinary, Part V, dated the 6th September, 1973 pages 278.
* This Act was assented by the President on 14th December, 1973.
Arrangement as to holding charge of office of Principal Judge during Vacancy. Amendment of section 11 of Guj. XIX of 1961. Amendment of section 14 of Guj. XIX of 1961. Inserrtion of section 14A in Guj. XIX of 1961. Arrangement as to holding charge of office of the Chief
Magistrate during
vacancy. Insertion of section 8B in Act XV of
1882.
Arrangement as to holding charge of office of the Chief Judge during
vacancy.
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