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Report No. 37

Section 145(1)

In section 145 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-

"(1) Whenever a Chief Presidency Magistrate, District Magistrate, Sub-divisional Magistrate, or any other Executive Magistrate of the first class specially empowered by the State Government in this behalf, is satisfied from a police-report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing,-

(a) stating the grounds of his being so satisfied;

(b) mentioning the date of receipt of the police-report or other information;

(c) requiring the parties concerned in such dispute to attend his court in person or by pleader, on a date and at a time to be specified in the order, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute; and

(d) further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons as they rely upon in support of such claims."

Section 145(4)

In section 145 of the principal Act,1 in sub-section (4),

(a) in the main paragraph, for the words "the date of the order before mentioned" substitute the words "the date of the police-report or other information on which the order under sub-section (1) was passed";

(b) in the second proviso, for the words "date of such order" substitute the words "date of such police-report or other information;"

(c) in the third proviso, after the words "at any time", insert the words, brackets and figure "after the passing of the order under sub-section (1)".

1. Where there were numerous sub-section in a particular section, the amendments to each sub-section has been put separately, for convenience.

Section 145(4A) (New)

In section 145 of the principal Act, after sub-section (4), insert the following sub-section, namely:-

"(4A) Where the Magistrate attaches the subject of dispute under the third proviso to sub-section (4), he shall make such arrangements as he considers proper for looking after the property which is the subject of the dispute, including where necessary, an order for the appointment of a receiver, and where he makes an order for the appointment of a receiver, the provisions of sub-section (2) of section 146 shall, so far as may be, apply as they apply in relation to the appointment of a receiver under that section".

Section 145(5A) (New)

In section 145 of the principal Act, after such section (5), insert the following sub-section, namely:-

"(5A) where the Magistrate cancels the said order under sub-section (5), he shall also make an order withdrawing the attachment, if any, ordered under the third proviso to sub-section (4), and may, in a proper case, restore to possession the party who was in possession at the time of attachment."

Section 145(6A) (New)

In section 145 of the principal Act, after sub-section (6), insert the following sub-section, namely:-

"(6A) The order under sub-section (6) shall be served and published in the manner laid down in sub-section (1)".

Section 145(9)

In section 145 of the principal Act, in sub-section (9), insert the following words at the end, namely:-

"and nothing in the first proviso to sub-section (4) shall be construed as limiting the discretion of the Magistrate to issue under this sub-section a summons to a person whose affidavit has not been put in under sub-section (1)".

Section 146

For section 146 of the principal Act, substitute the following section, namely:-

"146. Power to attach subject of dispute.- (1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof:

Provided that the District Magistrate or the Magistrate who has attached the subject of dispute may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit, and if no receiver of property, the subject of dispute, has been appointed by any Civil Court, appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):

Provided that in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate who shall thereupon be discharged."

Section 147(1)

In section 147 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-

"(1) Whenever a Chief Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or any Executive Magistrate, of the first class is satisfied, from a police-report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in sub-section (2) of section 145, whether such right be claimed as an easement or otherwise, within the local limits of his jurisdiction, he may make an order in writing-

(a) stating the grounds of his being so satisfied;

(b) mentioning the date of receipt of the police-report or other information;

(c) requiring the parties concerned in such dispute to attend his court in person or by pleader, on a date and at a time to be specified in the order, and to put in written statements of their respective claims; and shall thereafter inquire into matter in the manner hereinafter provided.

Section 147(2)

In section 147 of the principal Act, for sub-section (2), substitute the following sub-section, namely:-

"(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right:

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt of the police-report or other information leading to the institution of the inquiry, or where the right. is exercisable only at particular seasons or on particular occasions, unless "the right has been exercised during the last of such occasion before such receipt."

Section 147A (New)

After section 147 of the principal Act, insert the following new section, namely:-

"147A. Convertibility of Proceedings.- Whenever proceedings are commenced under sub-section (1) of section 145 or under sub-section (1) of section 147(1), the Magistrate may, if he finds that the matter is one which should be dealt with under sub-section (1) of section 147 or under sub-section (1) of section 145, respectively, record an order to that effect; and may thereafter deal with it accordingly".

Section 148

In section 148 of the principal Act, in sub-section (1), for the words "any District Magistrate or Sub-divisional Magistrate," substitute the words "any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate".

[Cf. section 148, Bombay]



Code of Criminal Procedure, 1898 (Sections 1-176) Back




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