CALCUTTA SHERIFF'S ACT, 1948

Preamble - THE CALCUTTA SHERIFF'S ACT, 1948

THE CALCUTTA SHERIFF'S ACT, 1948

[Act No. 30 of 1948]

[15th October, 1948]

PREAMBLE

NOTE

Calcutta Sheriff's Act, 1948, enacted to appoint the Sheriff of Calcutta annually by the Government from a pannel of three persona to be nominated on the occasion of each vacancy by the High Court in Calcutta.

An Act to provide for certain matters relating to the office of the Sheriff of Calcutta.

WHEREAS it is expedient to provide for certain matters relating to the office of the Sheriff of Calcutta;

It is hereby enacted as follows:?

Section 1 - Short title and commencement

(1)     This Act may be called the Calcutta Sheriffs Act, 1948.

 

(2)     It shall come into force on such date as the [1][State] Government may, by notification in the Official Gazette, appoint.

Section 2 - Definition

In this Act, unless there is anything repugnant in the subject or context, "prescribed" means prescribed by rules made under this Act.

Section 3 - Appointment of the Sheriff of Calcutta

(1)     The Sheriff of Calcutta (hereinafter referred to as the Sheriff) shall be appointed annually by the Governor from a panel of three persons to be nominated on the occasion of each vacancy by the High Court in Calcutta.

 

(2)     The Sheriff shall hold office during the pleasure of the Governor and shall be entitled to such 1[remuneration] as the Governor may determine and no other [2][remuneration].

Section 4 - Appointment of the Deputy Sheriff of Calcutta

The Deputy Sheriff of Calcutta [3][hereinafter referred to as the Deputy Sheriff] shall be appointed in such manner and shall be entitled to such [4][remuneration] as may be prescribed.

Section 4A - The Deputy Sheriff to perform functions of the Sheriff during casual vacancy in the office

[5]In the event of the occurrence of any vacancy in the office of the Sheriff by reason of his death, resignation or removal, or otherwise, the Deputy Sheriff shall perform the functions of the Sheriff until a new Sheriff, appointed in accordance with the provisions of this Act, enters upon his office and shall, during such period, have the same privileges and be subject to the same liabilities as the Sheriff and be entitled to such remuneration as the Governor may determine.

Section 5 - Power of the High Court to control certain functions of the Sheriff and other employees

Subject to the provisions of this Act, the Sheriff and the Deputy Sheriff and their subordinates shall carry out the orders of the High Court in Calcutta in the manner determined by the said Court.

Section 6 - Posts of officers and servants of the Sheriff to be civil posts under the Government

Notwithstanding anything contained in the Charter establishing the Supreme Court of Judicature at Fort William in Bengal, dated the twenty-sixth day of March, 1774, or in any other law, the posts of all such. officers and servants (other than employees who are paid by the day) as may be employed for the proper performance of the duties of the Sheriff shall, on the commencement of this Act, be civil posts under [6][the Government].

Section 7 - Indemnity

The Sheriff and the Deputy Sheriff and their subordinates shall be exempt from liability in respect of all their acts or defaults done or committed while exercising or purporting to exercise their functions under this Act or for which they would have been liable but for this Act.

Section 8 - Liability of the State revenues in certain cases

[7] (1) ?The Consolidated Fund of the State shall be liable to make good all sums required to discharge any liability from which the Sheriff, the Deputy Sheriff or their subordinates are exempted under the provisions of section 7.

(2)? ?Nothing in sub-section (1) shall be deemed to render liable the [8][Consolidated Fund of the State] or any Sheriff, or Deputy Sheriff or any of their subordinates appointed after the commencement of this Act for anything done by, or under the authority of, any Sheriff or Deputy Sheriff before the commencement of this Act.

(3) ??Nothing in sub-section (1) shall prevent the [9][State] Government from recovering any sum paid by it under that sub-section from the Sheriff, the Deputy Sheriff or any of their subordinates liable personally to pay such sum.

(4)? ?Sums payable by the [10][State] Government under sub-section (1) are hereby declared to be charged on the [11] [Consolidated Fund of the State].

Section 9 - Disposal of fees, poundages and charges by the Sheriff

[12]The Sheriff shall dispose of, in such manner and at such times as may be prescribed, the balance standing on the date of the commencement of this Act to the credit of the account known as the 'Sheriffs Account Number IF and all fees, poundages, charges and other monies realised by him or by any of his officers and servants, after the said date.

Section 9A - The Sheriff not to incur any expenditure unless parties have deposited amounts

[13]The Sheriff shall not incur any expenditure on account of the wages of temporary guards, advertisement charges, subsistence allowance or on any other account unless the parties have deposited necessary amounts in advance.

Section 10 - The Sheriffs Pension Fund

The Trustees of the fund known as "the Sheriffs Pension Fund" (hereinafter referred to as the Fund), maintained for the provision of pensions for the officers and servants employed by the Sheriff [14]***, shall transfer and pay to such authority, in such manner and at such times as may be prescribed, the balance standing to the credit of the Fund [15]* * *, and such balance shall be carried to the account and credit of the [16][Consolidated Fund of the State].

Section 11 - Pensions

(1)     All officers and servants previously employed by the Sheriff who, at the date of the commencement of this Act, are in receipt of pensions or entitled to gratuities in accordance with the rules of the Fund, shall be paid such pensions or gratuities out of the [17][Consolidated Fund of the State].

 

(2)     All officers and servants of the Sheriff, who are in his employment at the date of the commencement of this Act, shall, in respect of such employment prior to that date, be paid out of the [18][Consolidated Fund of the State] such pensions, gratuities and compensation as may be determined by the [19][State] Government in accordance with the rules of the Fund:

Provided that such compensation, if any, shall not be less than that which, in similar circumstances and in accordance with the rules made in this behalf by the [20][State] Government, would admissible to persons in the service of the [21][State] Government.

(3)     Any dispute arising in connection with the amount of any pension, gratuity or compensation payable under sub-section (1) or sub-section (2) shall be referred to the West Bengal Public Service Commission, the decision of which shall be final and shall not be the subject-matter of any proceedings in any Court.

 

(4)     All pensions payable under this section out of the 1[Consolidated Fund of the State] shall be so payable in all respects as pensions payable for service under the [22] [State] Government and shall be subject to the rules made in that behalf by the [23][State] Government.

 

(5)     If any officer or servant of the Sheriff is permanently re-employed in the service of the [24] [State] Government, [25][the period of his employment under the Sheriff including the period up to the date of such permanent re-employment] shall, for the purposes of the rules relating to [26][leave,] pay and pensions, be deemed to have been service under the [27][State] Government:

[28]Provided that if any such officer or servant has been paid any pension or gratuity under sub-section (2) then, unless he surrenders his right to such pension and refunds the amount received by him as pension or gratuity the period of employment under the Sheriff prior to the date of the commencement of this Act shall not count as service for purposes of pension under this sub-section.

[29]Explanation.-- The rules relating to leave, pay and pensions shall mean the rules relating to the leave, pay and pensions of servants of the State Government.

Section 12 - Power to make rules

(1)     The [30][State] Government may make rules for carrying into effect the purposes of this Act in regard to those functions of the Sheriff which are discharged under the administrative control of the [31][State] Government.

 

(2)     In particular and without prejudice to the generality of the foregoing power, such rules may provide for,?

 

(a)      the manner of appointment and the [32][remuneration] of the Deputy Sheriff referred to in section 4;

 

(b)      the distribution of work between the Sheriff and the Deputy Sheriff;

 

(c)      the authority referred to in sections 9 and 10 and the manner in which and the time at which the fees [33][,poundage and charges,] and balances referred to in these sections shall be transferred and paid;

 

(d)      the safe custody and deposit of all monies, securities and other moveables which come into the hands of the Sheriff; and

 

(e)      the accounts to be maintained by the Sheriff, and the audit and inspection thereof.