Section Text
1(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 inexpedient that the appointment of the Kazi-ul-Kuzaat, or of City, Town or Pargana Kazis should be made by the Government, and by the same Act the enactments relating to the appointment by Government of the said officers were repealed; and whereas by the usage of the Muhammadan community in some parts of1[India] the presence of Kazis appointed by the Government is required at the celebration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 :-Maharashtra: In its application to the State of Maharashtra in the long title and in the preamble after the words "office of kazi" insert the words "and to cast certain duties on persons discharging the functions of a Kazi". See Mah. Act 21 of 1978, Sections 2,3 (9-10-1978). SECTION 01: SHORT TITLE This Act may be called The Kazis Act, 1880; 3[* * * *]. Local extent.- It extends, in the first instance, only to the territories administered by the Governor of Fort St. George in Council.4[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 territories5under its administration. STATE AMENDMENT-(See Below) SECTION 02: POWER TO APPOINT KAZIS FOR ANY LOCAL AREA Wherever it appears to the 6[State Government] that any considerable number of the Muhammadans resident in any local area desire that one or more Kazis should be appointed for such local area, the6 [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 Kazis for such local area. If any question arises whether any person has been rightly appointed Kazi under this section, the decision There of by the 6[State Government] shall be conclusive. The 6[State Government] may, if it thinks fit, suspend or remove any Kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the6 [State Government] unfit, or personally incapable, to discharge the duties of the office. SECTION 03: NAIB KAZIS 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. SECTION 04: 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 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. Section 3 - Notes