ACT 12 OF 1959

THE KERALA CIVIL COURTS (AMENDMENT)

ACT, 1958

ACT

to amend the Kerala Civil Courts Act, 1957.

Preamble.- WHEREAS it is expedient to amend the Kerala Civil Courts Act, 1957, for the purposes hereinafter appearing;

BE it enacted in the Tenth Year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Kerala Civil Courts (Amendment) Act, 1959.

(2) It shall come into force at once.

2. Amendment of section 7.- For subsection (1) of section 7 of the Kerala Civil Courts Act, 1957 (Act I of 1957), hereinafter referred to as the principal Act, the following subsection shall be substituted, namely:-

“(1) The place or places at which any court referred to in section 2 shall be held, may be fixed, and may from time to time, be altered by the Government in consultation with the High Court.”

3. Substitution of new section for section 10.- For section 10 of the principal Act, the following section shall be substituted, namely:-

“10. Local limits of jurisdiction of Munsiffs’ Courts.- The Government shall fix and may, from time to time, vary, the local limits of the jurisdiction of any Munsiff’s Court in consultation with the High Court”.

4. Amendment of section 13.- Section 13 of the principal act shall be renumbered as subsection (1) of that section, and , -

(i) in subsection (1) as so renumbered , for the words “seven thousand and five hundred rupees,” the words “ten thousand rupees” shall be substituted;

(ii) after subsection (1) as so renumbered, the following subsection shall be inserted, namely:-

“(2) The provisions of subsection (1) shall apply to original decrees and orders of a Subordinate Judge’s Court passed after the commencement of the Kerala Civil Courts (Amendment) Act, 1959, notwithstanding the fact that the suits in respect of which such decrees and orders have been passed were instituted before such commencement.”

5. Insertions of new section 20A and 20B.- After section 20 of the principal act, the following sections shall be inserted, namely:-

“20A. Maintenance of forms, books and registers by civil courts.- (1) The High Court may,, in consultation with the Government, direct that the civil courts subordinate to it shall maintain such forms, books and registers as may be specified by it in the interests of the public.The High Court may make rules specifying the particulars which such forms, books and registers shall contain.

(2) The Government may, for discharging their functions and responsibilities, require through the High Court, the civil courts subordinate to the High Court to furnish to the Government such particulars and information relating to the working of courts and other matters as they may call for from them from time to time.

20B Constitution and functions of committees.- (1) The High Court may, constitute a committee for each civil court subordinate to it or for two or more of such courts.

(2) The functions of the Committee may include, among other things,-

(i) the dissemination by means of publicity, advice and instruction of legal knowledge to the general public;

(ii) the making of recommendations to the High Court or to the Government, regarding the improvements to be made to court buildings, amenities to be provided for the litigant public and lawyers and other matters of a similar nature;

(iii) the bringing to the notice of the High Court the activities of the staff of the court in the discharge of the duties with a view to stamp out corruption and reporting to the Government

specific cases of corruption, if any , for appropriate action;

and

(iv) the provision of facilities for the closer association between the members of the Bar and the Bench in considering matters of common concern.

(3) The Committee shall discharge such other functions as are assigned to it from time to time by the High Court.

(4) The rules regulating he constitution of committees shall be such as my be prescribed by the Government in consultation with the High Court.”