The calcutta sheriff's act, 1948

West Bengal Act XXX of 1948 
THE CALCUTTA SHERIFF'S ACT, 1948. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 15th October, 1948.1 
An Act to provide for certain matters relating to the office of 
the Sheriff of Calcutta. 
WHEREAS it is expedient to provide for certain matters 
relating to the office of the Sheriff of Calcutta; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the Calcutta Sheriff's 
Act, 1948. 
(2) It shall come into force on such date as the Provin-
cial Government may, by notification in the Official Gazette, 
appoint. 
Z. In this Act, unless there is anything repugnant in Definition. 
the subject or context, "prescribed" means prescribed by 
rules made under this Act. 
3. (1) The Sheriff of Calcutta (hereinafter referred to Appoint-
as the Sheriff) shall be appointed annually by the Governor ment of the 
from a panel of three persons to be ,nominated on the Sheriff of 
occasion of each vacancy by the High Court in Calcutta. 	 Calcutta. 
(2) The Sheriff shall hold office during the pleasure of 
the Governor and shall be entitled to such allowances as 
the 'Governor may determine and no other allowances. 
4. The Deputy Sheriff of Calcutta shall be appointed 
in such manner and shall be entitled to such allowances as 
may be prescribed. 
5. Subject to the provisions of this Act, the Sheriff and 
the Deputy Sheriff and their subordinates shall carry out 
the orders of the High Court in Calcutta in the manner 
determined by the said Court. 
6. Notwithstanding anything contained in the Charter p osts o f 
establishing the Supreme Court of Judicature at Fort officers and 
William in Bencral, dated the twenty-sixth day of March servants 9f  tp 1774, or in any other law, the posts of all such officers and the Sheriff to be civil 
servants (other than employees ,who are paid by the day)  posts under 
as may be employed for the proper performance of the the Crown. 
duties of the Sheriff shall, on the commencement of this 
Act, be civil posts under the Crown in India. 
7. The Sheriff and the Deputy Sheriff and their sub- Indemnity. 
ordinates shall be exempt from liability in respect of all 
their acts or defaults done or committed while exercising 
or purporting to exercise their functions under this Act or 
for which they would have been liable but for this Act. 
Price—Indian, annas 2 ; English, 3d. 
Short title 
and com- 
mencement. 
Appoint-
ment of the 
Deputy 
Sheriff of • 
Calcutta. 
Power of 
the High 
Court to 
control cer-
tain func-
tions of the 
Sheriff and 
other em-
ployees. 
The-Calcutta Sheri's Act, 1948. 
[West Ben. itet 
(Sections 8-11.) 
8. (1) The revenues of the Province shall be liable to 
make good all sums required to discharge the liability mentioned in section 7. 
(2) Nothing in sub-section (1) shall be deemed to render liable the revenues of the Province or any Sheriff, or 
Deputy Sheriff or any of their subordinates appointed after 
the commencement of this Act for anything done by, or 
under the authority of, any Sheriff or Deputy Sheriff before the commencement of this Act. 
(3) Nothing in sub-section (1) shall prevent the Provin-cial Government from recovering any sum paid by it under 
that sub-section from the Sheriff, the Deputy Sheriff or 
any of their subordinates liable personally to pay such sum. 
(4) Sums payable by the Provincial Government under sub-section (1) are hereby declared to be charged on the revenues of the Province. 
Credit of 	 9. The Sheriff shall transfer and pay to such authority, fees to  Pro- in such manner and at such times as may be prescribed, all vincial re- 
fees realised by him or by any of his officers and servants venues. 	
after the date of the commencement of this Act, together 
with the balance standing on the said date to the credit of 
the account known as the "Sheriff's Account Number II," 
and such fees and balance shall be carried to the account and credit of the revenues of the Province. 
The Sher- 	 10. The Trustees of the fund known as "the Sheriff's iff's Pen- 	
Pension Fund" (hereinafter referred to as the Fund), main.- sion Fund. 
tained for the provision of pensions for the officers and 
servants employed by the Sheriff prior to the commencement 
of this Act, shall transfer and pay to such authority, iu 
such ananner and at such times as may be prescribed, the 
balance standing to the credit of the Fund at the date of 
the commencement of this Act, and such balance shall be 
carried to the account and credit of the revenues of the Province. 1, 
11. (1) All officers and servants previously employed 
by the Sheriff who, at the date of the commencement of this 
Act, are in receipt of pensions or entitled to gratuities in 
accordance with the rules of the Fund, shall be paid such 
pensions or gratuities out of the revenues of the Province. (2) All officers and servants of the Sheriff, who are in 
his employment at the date of the commencement of this 
Act, shall, in respect of such employment prior to that date, 
be paid out of the revenues of the Province such pensions, 
aratuities and compensation as may be determined by the 
Fund: 
Provincial'' 	 Government in accordance with the rules of the 
Provided that such compensation, if any, shall not be 
less than that which, iu similar circumstances and in .  accordance with the rules made in this behalf by the 
Provincial Government, would be admissible to persons in the service of the Provincial Government. 
(3) Any dispute arising in connection with the amount. 
of- any pension, gratuity or compensation payable under sub-section (1) or sub-section (2) shall be referred to the 
Liability 
of the Pro-
vincial re-
venues in 
certain 
eases. 
Pensions. 
The Calcutta Sheriff's Act, .7948. 	 3 
XXX of 1948.] 
(Section 12.) 
West Bengal Public Service Commission, the decision of 
which shall be final and shall not be the subject-matter of 
any proceedings in any Court. 
(4) All pensions payable under this section out of the 
revenues of the Province shall be so payable in all respects 
as pensions payable for service under the Provincial Gov-
ernment and shall be subject to the rules made in that 
behalf by the Provincial Government. 	 • 
(5) If any officer or servant of the Sheriff is permanently 
re-employed in the service of the Provincial Government, 
his employment under the Sheriff shall, for the purposes of 
the rules relating to pay and pensions, be deemed to -  have been service under the Provincial Government: 
Provided that,— 
(a) if any such officer or servant desires to elect to 
refund any. gratuity or cease to draw any 
pension, as the case may be, and to count for 
future pension his employment under the 
Sheriff, he shall so elect immediately on being 
permanently re-employed; and 1)) if he so elects, any period of temporary service 
under the Provincial Government intervening 
between the date of the commencement of this 
Act and the date of such permanent re-employ-
ment shall not be considered as a break in 
service, but shall not count as service for the 
purposes of pension. 
Explanation.—Whe re  -such election is made, the whole 
of the pension, both for employment under the Sheriff prior 
to the commencement of this Act and for service in such • 
permanent re-employment under the Provincial Govern-
ment, shall be calculated at the rates provided in the rules 
relating to the pensions of servants of the Provincial Gov- 
ernment, and not at the rates provided in the rules of the Fund. 
12. (1) The Provincial Government may make rules 
for carrying into effect the purposes of this Act in regard 
to those functions of the Sheriff which are discharged under 
the administrative control of the Provincial Government. 
(2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for 
(b)  
(c)  
ninnies, 
(e) 
the distribution of work between the Sheriff and the 
Deputy Sheriff; 
the authority referred to in sections 9 and 10 and 
the manner in which and the time at which the 
fees and balances referred to in these sections 
shall be transferred and paid ; 
the safe custody and deposit of all 
securities and other moveables which come into 
the hands of the Sheriff; and 
the accounts to be maintained by the Sheriff, and 
the audit and inspection thereof. WBGP -48/9-7320A-2M 
(a) the manner of appointment and the allowances of 
the Deputy Sheriff referred to in section 4; 
Power to 
make rules. 

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