Section 1. Second paragraph Rep. by the A.O. 1937

1. Second paragraph Rep. by the A.O. 1937. Penalty for making illegal distresses. —and any person, except a bailiff appointed under section 51, levying or attempting to levy any such distress, shall, on conviction before a Presidency Magistrate, be liable to 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. THE FIRST SCHEDULE.—[ Repealed .]. THE SECOND SCHEDULE. —[ Repealed .]. THE THIRD SCHEDULE.—FORMS OF AFFIDAVIT, WARRANT, INVENTORY, ETC. CHAPTER I PRELIMINARY 1. Short title. Commencement.— This Act may be called the Presidency Small Cause Courts Act, 1882; and it shall come into force on the first day of July, 1882. But nothing herein contained shall affect the provisions of the Army Act,[2] * (44 & 45 Vict., c. 58) section 151, or the rights or liabilities of any person under any decree passed before that day. 2. [ Repeal of enactments. ] —Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule. 3. [ Amendments of Acts. ] —Rep. by s. 2 and Schedule, ibid. 1. For first Report of the Select Committee, see Gazette of India, 1881, Pt. V, p. 381; for further Report of the Select Committee, see ibid., 1882, Pt. V., p. 3; for Proceedings in Council, see ibid., Supplement, 1880, pp 1394 and 1433; ibid., 1882, Supplement, p. 204; and ibid.. 1882, Extra Supplement, p.43. This Act has been amended in its local application by Bengal Acts 4 of 1922 and 20 of 1932, Bombay Act 5 of 1933 and Madras Acts 5 of 1916, 3 of 1922 and 3 of 1927, in Bombay by Bombay Act 11 of 1959, in Madras by Madras Act 9 of 1960, in its application to the City of Ahmedabad by Gujarat Act 19 of 1961, in Maharashtra by Maharashtra Acts 35 of 1961, and 19 of 1976, in West Bengal by West Bengal Act 32 of 1969, in Gujarat by Gujarat Acts 28 of 1973 and 31 of 1973. 2. The figures "1881" rep. were by Act 12 of 1891, s. 2 and I Schedule. 3. Added by Act 3 of 1899, s. 2. 1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 2. Ins. by Act 4 of 1906, s. 2. purchaser, but shall not be removed by him from the property until he has done to the property whatever the judgment-debtor would have been bound to do to it if he had removed such thing. 1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 2. Subs. by Act 9 of 1912, s. 2, for "one". maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property. 1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). "41. Suits or Proceedings between licensors and licenses or landlords and fenants for recovery of possession of immovable property and licence fees or rent, except to those to which other Acts apply to lie in Small Cause Court. —(1) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, but subject to the provisions of sub-section (2), the Court of Small Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property situated in Greater Bombay, or relating to the recovery of the licence fee or charges or rent therefore, irrespective of the value of the subject matter of such suits or proceedings. (2) Nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or charges or rent thereof, to which the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), the Bombay Government Premises (Eviction) act, 1955 (Bom. II of 1956), the Bombay Muncipal Corporation Act, the Bombay Housing Board Act, 1948 (Bom LXIX of 1948), or any other law for the time being in force, applies.