THE ACTING JUDGES ACT, 1867 (ACT NO. XVI OF 1867).

(Short title given by the Short Titles Act, 1897 (14 of 1897)

The Bill which was passed on the 1st March, 1867, and published as Act No. 16 of 1867, was introduced and passed at one sitting. See the Proceedings in council published in Gazette of India, 1867, Supplement, p. 180.

This Act has been extended and shall be deemed to have been so extended to the whole of Pakistan on the 14th day of October, 1955, see the Central Laws(Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.)

ACT No. XVI OF 1867

[1st March, 1867]

An Act to authorize the making of acting appointments to certain Judicial Offices

Preamble WHEREAS the Governor General (The words “of India in Council” rep. by the Federal Laws (Revision: and Declaration) Act, 1951 (26 of 1951) s. 3 and II Sch)* * * or the Local Government, as the case may be, is empowered by divers enactments to, appoint the Judges of certain Courts in (Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation which had been subs. for “British India”, by A. O., 1949, Arts. 3(2) and 4.) [Pakistan];

And whereas it has been doubted whether he or it is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubts;

It is hereby enacted as follows:—

  1. Power to appoint acting Judges. In every case in which the (Subs. by A. O., 1937, for “G. G. of India in C”) [Central Government], or the (Subs. ibid. for “L. G”) [Provincial Government], as the case may be, has power under any Act or Regulation to appoint a Judge of any Court (The words “in British India” omitted by A. O., 1949, Sch.)* * *, such, power shall be taken to include the power to appoint any person capable of being appointed a permanent Judge of such Court, to act as Judge of the same Court for such time as the (Subs. by A. O., 1937, for “G. G. of India in C.”)[Central Government] or the (Subs. ibid. for “L. G”) [Provincial Government], [as the case may be, shall direct Every person so appointed to act temporarily as a Judge of any such Court shall have the powers and perform the duties which he would have had and been liable to perform in case he had been duly appointed a permanent Judge of the same Court.
  2. Certain enactments to be constructed as if they contained a clause like section 1 of this Act. Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.

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