PRESIDENCY SMALL CAUSE COURTS (GUJARAT AMENDMENT) ACT, 1973
GUJARAT ACT NO. 28 OF 1973
(First published after having received the assent of the Governor in the Gujarat Government Gazette on the 28th November 1973).
An Act further to amend the Presidency Small Cause Courts Act, 1882 in its application to the City of Ahmedabad.
It hereby enacted in the Twenty-Fourth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Presidency Small Cause Courts (Gujarat Amendment) Act, 1973.
Amendment of section 7 of Act XV of 1882.
2. In the Presidency Small Cause Courts Act, 1882 in its application to the City of Ahmedabad (hereinafter referred to as “the principal Act”), section 7 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-sections and Explanation shall be added, namely:-
“(2) The Chief Judge of the Court of Small Causes of Ahmedabad shall be appointed by the State Government in consultation with the High Court either by promotion of a person in the judicial service of the State Government or by appointment from amongst persons eligible to be appointed as such Judge in accordance with the provisions of clause (2) of article 233 of the Constitution.
(3) The appointment of other Judges of the Court of Small Causes of Ahmedabad shall be made either by the State Government from amongst persons not in the judicial service of the State, in accordance with the provisions of article 234 of the Constitution, or by the High Court by promotion of a person in such service:
Provided that the appointments by the State Government and by the High Court shall be made in such proportion as may be determined by rules made by the State Government in consultation with the High Court.
Explanation.— In this section the expression “Judicial service of the State” shall have the same meaning as given to that expression in article 236 of the Constitution.”.
Amendment of section 8A of Act XV of 1882.
3. In sub-sections (1) and (2) of section 8A of the principal Act, for the words "the State Government” the words “the State Government in consultation with the High Court” shall be substituted. |
