The Provincial Small Cause Courts (Bombay Amendment) Act, 1930

1. (1) This Act may be called the Provincial Small Cause Courts (Bombay Amendment) Act, 1950.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

1. (1) The Provincial Small Cause Courts Act, 1887, as amended by the Acts mentioned in the Schedule is hereby also extended to, and shall be in force in, the Hyderabad and Saurashtra areas of the State of Bombay.
2. (2) The Acts mentioned in the Schedule which amend the Provincial Small Cause Courts Act, 1887, in its application to the area of the pre-Reorganisation State of Bombay excluding the transferred territories, are hereby extended to, and shall be in force in, the Vidarbha region and the Kutch area of the State of Bombay to which they did not extend immediately before the commencement of this Act; and the Provincial Small Cause Courts Act, 1887, shall, from the commencement of this Act, be deemed to be amended accordingly also in that part of the State.

In the Second Schedule to the said Act the following amendments shall be made, namely :—

1. (1) to clause
2. (4) after the words " such property " the following shall be added, namely :— " but not including a suit for ejectment where—
   • (a) The property has been let under a lease made by a written instrument, and
   • (b) The Court of Small Causes would be competent to take cognizance of

In section 1 of the principal Act,—

1. (a) to sub-section (2), the following proviso shall be added, namely :— “ Provided that on the commencement of the Provincial Small Cause Courts (Bombay Unification and Amendment) Act, 1958, it shall also extend to the Saurashtra and Hyderabad areas of the State of Bombay.”;
2. (b) to sub-section (3), the following proviso shall be added, namely :— “ Provided that, in the Saurashtra and Hyderabad areas of the State of Bombay, it shall come into force on the commencement of the Provincial Small Cause Courts (Bombay Unification and Amendment) Act, 1958.”

Amendment of section 12 of Act IX of 1887. 5.

Amendment of section 14 of Act IX of 1887 Amendment of section 14 of Act IX of 1887. 6.

Insertion of new Chapter IV A of in Act IX of 1887 In the principal Act, after Chapter IV, the following new Chapter shall be inserted, namely:—

"CHAPTER IV-A.

The provisions of this Chapter extend to the areas within the local limits of the jurisdiction of a Court of Small Causes : Provided that nothing in this Chapter shall apply—

1. (1) to a judge or court, other than a Small Cause Court, invested with the jurisdiction of a Court of Small Causes ;
2. (2) to any rent due to Government ;
3. (3) to any rent which has been due for more than twelve months before the date of the application made under section 27B ;
4. (4) to any rent which is in arrears for a period less than three months. 27B.
5. (1) Any person claiming to be entitled to arrears of rent of any house or premises to which this Chapter extends situate in the local limits of the jurisdiction of a Court of Small Causes or his duly constituted attorney, may apply to such Court for issuing a warrant under section 27C : Provided that before making an application such person shall give 15 days' notice to the tenant making a demand of the said arrears.
6. (2) The application made under sub-section
7. (1) shall be supported by an affidavit or affirmation in Form A in the Third Schedule.

Provided that the Court may, on personal examination of the person applying for such warrant, decline to issue the same.

27E.

1. (1) The bailiff directed to make the distress may force open any stable, outhouse or other building and may also enter any dwelling-house the outer door of which may be open and may break open the door of any room in such dwelling-house for the purpose of seizing property liable to be seized under this Chapter.
2. (2) Where a room in a dwelling-house is in the actual occupancy of a woman, who according to custom, does not appear in public, the bailiff shall give notice to such woman that she is at liberty to withdraw ; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution consistent with these provisions, to prevent its clandestine removal.

Provided that the bailiff shall not seize—

1. (a) things in actual use ; or
2. (b) the necessary wearing apparel, cooking vessels, beds and bedding of the debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman ; or
3. (c) tools of artisans, and, where the debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section ; or
4. (d) books of account ; or
5. (e) goods in the custody of the law.

The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the debtor and his family, shall, in the case of all agriculturists or any class of agriculturists, be exempted from liability to seizure in pursuance of a warrant issued under section 27C.

27I.

1. (1) On seizing any property under section 27F, the bailiff shall make an inventory of such property and shall give a notice in writing in Form C in the Third Schedule to the debtor, or to any other person upon his behalf in or upon the said house or premises.
2. (2) The bailiff shall, as soon as may be, file in the Court of Small Causes copies of the said inventory made, and notice given, under sub-section (1). 27J.
3. (1) The debtor or any other person alleging himself to be the owner of any property seized under this Chapter, or the duly constituted attorney of such debtor or other person, may, at any time within fifteen days from such seizure, apply to the Court of Small Causes to discharge or suspend the warrant, or to release a distrained article, and the Court may discharge or suspend such warrant or release such article accordingly upon such terms as it thinks just and may give reasonable time to the debtor to pay the rent due from him : Provided that where the Court is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, it may extend the period to such extent as it may consider necessary.
4. (2) Upon an application made under sub-section (1), the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court, and shall be paid as it directs. 27K.
5. (1) If any claim is made to, or in respect of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person not being the debtor, the Court of Small Causes upon the application of the bailiff who seized the property, may issue a summons calling before the Court the claimant and the person who obtained the warrant.
6. (2) On issuing a summons under sub-section (1), any suit which may have been brought in any other Civil Court in respect of such claim shall be stayed, and such other Court on proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons.
7. (3) The Court of Small Causes shall adjudicate upon such claim as is referred to in sub-section
8. (2) and make such order between the parties in respect thereof and of the costs of the proceedings as it thinks fit ; and such order shall be enforced as if it were an order made in a suit brought in such Court.
9. (4) The procedure in a Court of Small Causes in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Court. 27L.
10. (1) In any case under section 27J or section 27K, the Court of Small Causes may award such compensation by way of damages to the applicant or claimant, as the case may be, as the Court thinks fit and may for that purpose make any inquiry it thinks necessary.
11. (2) The order of the Court awarding or refusing compensation under sub-section
12. (1) shall bar any suit for the recovery of compensation for any damage caused by the distress. 27M.
13. (1) In any case under section 27J or section 27K, if the value of the subject-matter in dispute exceeds the limits of the pecuniary jurisdiction of the Court of Small Causes, the applicant or claimant may apply to the District Court to transfer the case to itself, and the District Court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by the Court of Small Causes and may make such order therein as the District Court thinks fit.
14. (2) Every application under sub-section
15. (1) shall be made within seven days from the date of the seizure of the subject-matter in dispute.
16. (3) In granting applications under sub-section (1), the District Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit.
17. (4) The procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the District Court in the exercise of its original Civil jurisdiction ; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction.

1. (1) In default of any order to the contrary by the Court of Small Causes or by the District Court, the Nazir of the Court appointed for the purpose may, at the expiration of fifteen days from a seizure of property under this Chapter, or, as the case may be, of the extended period under the proviso to sub-section
2. (1) of section 27J, appraise the property so seized, and give the debtor notice in writing in Form D of the Third Schedule.
3. (2) The Nazir shall file in the Court of Small Causes a copy of every notice given under sub-section (1).

Provided that when the property seized is subject to speedy and natural decay, it may, under special order of the Court, be sold at any time after it is seized :

No costs of any distress under this Chapter shall be taken or demanded except those mentioned in Form E of the Third Schedule.

The Court of Small Causes shall cause to be kept a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered.

Bar of distresses except under this Chapter and penalty for making illegal distresses No distress shall be levied for arrears of rent except under the provisions of this Chapter; and any person, except a bailiff, a Nazir or an officer of the Court, levying or attempting to levy any such distress, on conviction, be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings. 8. Insertion of new Schedule in Act IX of 1887 After the Second Schedule to the principal Act, the following Schedule shall be inserted, namely:— 9. Repeal and Savings The Hyderabad Small Causes Courts Act, and the Provincial Small Cause Courts Act, 1887, as modified and applied to the Saurashtra area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, are hereby repealed: Provided that such repeal shall not affect the previous operation of the Acts so repealed and anything done or any action taken (including the courts established or constituted, limits defined, appointments, rules or orders made, functions assigned, powers granted, amounts deposited, securities given, seals or forms prescribed, jurisdiction defined or vested, notifications or notices issued, restrictions imposed and proceedings instituted before any court or authority) by or under the provisions of any of the Acts so repealed shall, in so far as it is not inconsistent with the provisions of the principal Act, be deemed to have been done or taken under the corresponding provisions of the principal Act and shall continue in force unless and until superseded by anything done or any action taken under the principal Act and accordingly all such proceedings pending before any court or authority shall stand transferred, where necessary, to the corresponding court or authority under this Act, and if no court or authority exists or if there be a doubt as to the corresponding court or authority to such court or authority as the State Government may designate, and shall be continued and disposed of before such court or authority in accordance with the provisions of the principal Act.

1. (1) Any person claiming to be entitled to arrears of rent of any house or premises to which this Chapter extends situate in the local limits of the jurisdiction of a Court of Small Causes or his duly constituted attorney, may apply to such Court for issuing a warrant under section 27C: Provided that before making an application such person shall give 15 days' notice to the tenant making a demand of the said arrears.
2. (2) The application made under sub-section
3. (1) shall be supported by an affidavit or affirmation in Form A in the Third Schedule.

1. (1) The bailiff directed to make the distress may force open any stable, outhouse or other building and may also enter any dwelling-house the outer door of which may be open and may break open the door of any room in such dwelling-house for the purpose of seizing property liable to be seized under this Chapter.
2. (2) Where a room in a dwelling house is in the actual occupancy of a woman, who according to custom, does not appear in public, the bailiff shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution consistent with these provisions, to prevent its clandestine removal.

Inventory. Notice of intended appraisement and sale Inventory. Notice of intended appraisement and sale.

27I.

1. (1) On seizing any property under section 27F, the bailiff shall make an inventory of such property and shall give a notice in writing in Form C in the Third Schedule to the debtor, or to any other person upon his behalf in or upon the said house or premises.
2. (2) The bailiff shall, as soon as may be, file in the Court of Small Causes copies of the said inventory made, and notice given, under sub-section (1).

1. (1) The debtor or any other person alleging himself to be the owner of any property seized under this Chapter, or the duly constituted attorney of such debtor or other person, may, at any time within fifteen days from such seizure, apply to the Court of Small Causes to discharge or suspend the warrant, or to release a distrained article, and the Court may discharge or suspend such warrant or release such article accordingly upon such terms as it thinks just and may give reasonable time to the debtor to pay the rent due from him: Provided that where the Court is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, it may extend the period to such extent as it may consider necessary.
2. (2) Upon an application made under sub-section (1), the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court, and shall be paid as it directs.

1. (1) If any claim is made to, or in respect of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person not being the debtor, the Court of Small Causes upon the application of the bailiff who seized the property, may issue a summons calling before the Court the claimant and the person who obtained the warrant.
2. (2) On issuing a summons under sub-section (1), any suit which may have been brought in any other Civil Court in respect of such claim shall be stayed, and such other Court on proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons.
3. (3) The Court of Small Causes shall adjudicate upon such claim as is referred to in sub-section
4. (2) and make such order between the parties in respect thereof and of the costs of the proceedings as it thinks fit; and such order shall be enforced as if it were an order made in a suit brought in such Court.
5. (4) The procedure in a Court of Small Causes in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Court.

1. (1) In any case under section 27J or section 27K, the Court of Small Causes may award such compensation by way of damages to the applicant or claimant, as the case may be, as the Court thinks fit and may for that purpose make any inquiry it thinks necessary.
2. (2) The order of the Court awarding or refusing compensation under sub-section
3. (1) shall bar any suit for the recovery of compensation for any damage caused by the distress.

1. (1) In any case under section 27J or section 27K, if the value of the subject-matter in dispute exceeds the limits of the pecuniary jurisdiction of the Court of Small Causes, the applicant or claimant may apply to the District Court to transfer the case to itself, and the District Court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by the Court of Small Causes and may make such order therein as the District Court thinks fit.
2. (2) Every application under sub-section
3. (1) shall be made within seven days from the date of the seizure of the subject-matter in dispute.
4. (3) In granting applications under sub-section (1), the District Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit.
5. (4) The procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the District Court in the exercise of its original Civil jurisdiction; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction.

(See section 2.) Serial No. Acts. 1. The Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom. VI of 1930). 2. The Provincial Small Cause Courts (Bombay Amendment) Act, 1932 (Bom. IX of 1932). 3. The Provincial Small Cause Courts (Bombay Amendment) Act, 1950 (Bom. LVII of 1950).