The Kazis Act, 1880

THE KAZIS ACT, 1880

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THE KAZIS ACT, 1880 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Power to appoint Kazis for any local area. Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi.

THE KAZIS ACT, 1880

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Section 1 — Short title

Section 2 — Power to appoint Kazi’s for any local area

THE KAZIS ACT, 1880 1 ACT NO.12 OF 1880 [9th July, 1880.] An Act for the appointment of persons to the Office of Kazi’. 2 WHEREAS by the preamble to Act No. 11 of 1864 (An Act to repeal the law relating to the offices of Hindu and Muhammadan Law officers and to the offices of Kazi’-ul-Kuzaat and of Kazi’, and to abolish the former offices) it was (among other things) declared that it was declared that it was inexpedient that the appointment of the Kazi-ul-Kuzaat, or of City, Town or Pargana Kazi’s should be made by the Government, and by the same Act the enactments relating to the appointment by the Government of the said officers were repealed; and whereas by the usage of the Muhammadan community in some parts of 3 [India] the presence of Kazi’s appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered to appoint persons to the office of Kazi; It is hereby enacted as follows:— 1. Short title.—This Act may be called the Kazi’s Act, 1880; 4 * * * * * Local extent.—It extends, in the first instance, only to the territories administered by the Governor of 5 Fort Saint George in Council. [But the Government of any other State] may, from time to time, by notification in the Official Gazette, extend it to the whole or any part of the territories under its 6 administration. Power to appoint Kazi’s for any local area.—Wherever it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Ka’zi’s should be appointed for such local area, the State Government may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Kazi’s for such local area. If any question arises whether any person has been rightly appointed Kazi’ under this section, the decision thereof by the State Government shall be conclusive.

3. Naib Kazi’s.—Any Kazi’ appointed under this Act may appoint one or more persons as his Naib

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Section 3 — Naib Kazi’s

Section 4 — Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi’s necessary; or to prevent any one acting as Kazi’s

Naib Kazi’s.—Any Kazi’ appointed under this Act may appoint one or more persons as his Naib or Naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed. When any Kazi’ is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be. Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi’s necessary; or to prevent any one acting as Kazi’s.—Nothing herein contained, and no appointment made hereunder, shall be deemed— (a) to confer any judicial or administrative powers on any Kazi’ or Naib Kazi’ appointed hereunder; or (b) to render the presence of a Kazi’ or Naib Kazi’ necessary at the celebration of any marriage or the performance of any rite or ceremony; or (c) to prevent any person discharging any of the functions of a Kazi’. __________