Section 36. Power to confer powers of Civil Courts on officers

CHAPTER VII Supplemental provisions 36. Power to confer powers of Civil Courts on officers. - (1) The (State) Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office- - (a) any officer in the Chotanagpur, (Sambalpur), (Jalpaiguri of Darjeeling District), ( or in any part of the territories administered by the Chief Commissioner of Assam, except the district of Sylhet ) or - (b) After consultation with the High Court, any officer serving in any other part of the territories to which this Act extends and belonging to a class defined in this behalf by the State Government. - (2) Nothing in ( Sections 4, 5,6,8,10 or 11) applies to any officer so invested, but all the other provisions of this Act, shall so far as those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested. - (3) Where in the territories mentioned in Clause (a) of subSection (1), the same local jurisdiction is assigned to two or more officers invested with the powers of a Civil Judge (Junior Division) the officers invested with the powers of a Principal District Judge may, with the previous sanction of the State Government, delegate his functions under sub-Section. (2) of Section 13 to the officer invested with the powers of a Civil Judge (Senior Division) or to one of the officers invested with the powers of a Civil Judge (Junior Division). - (4) Where the place at which the Court of an officer invested with powers under sub-Section (1) is to be held has not been fixed under Section 14 , the Court may be held at any place within the local limits of its jurisdiction. 37. Certain decisions to be according to law. - (1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan Law in cases where the parties are Muhammadans, and the Hindu Law in cases where the parties are Hindus shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished. - (2) In cases not provided for in sub-Section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and goods conscience.