(1) In the case of any specified ward of th: ~~~~~0 Court, the '[State Government] may 2[* * * * tramfernd to * * * * * *] declare by notification in the Coll~tor i r k Official Gazette that execution of decrees passed by c-in cas:81.
civil courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contraot speoifiaally affecting any ' such immovable property order the sale of the same, whether such decrees be pasged prior to such notification or subsequent thereto, shall be transferred to the Colleotor of the district in which such property or any portion thereof is situate and rescind such notification :
Provided that when a portion only of a decree passed by a civil court is of the description aforesaid, .
suoh portion alone shall be transmitted to the Collector for execution.
(2) The l[State Government] may also notwithstanding anything contained in the Code of Civil Procedures prescribe rules for the transmission -- 1 The words " Provincial Government " were substituted for the worda "Local Government" by the Adaptation Ordef; of 1937 and the word "State " was substituted for "Provincial by the Adaptation Order of 1980.
'The words "with the previous sanction of the Governor- General in Council" were omitted by the Devolution Aat, 1920 (Central Act XXXVIII of 1920) First Schedule-Part iii.
a See no^ Central Act V of 1908.
Oourt of .Wards 11902: T.N. Act 1 of the deoree from the oivil oourt to the Colleotor, and for regulating the prooedure of the Colleotor in executing the same, and for retransmitting the deoree from the Colleotor to the oivil oourt.
(3) Rules under this seotion may oonfer upon the Colleotor or any gazetted subordinate of the Colleotor all or any of the powers whioh a oivil oourt might, exeroise in the exeoution of the deoree if the exemtion thereof had not been transferred to the Colleotor, including the powers of the oivil oourt under seotions 294 and 312 of the Code of Civil Pro- Central oedurel and may provide for orders passed by the A C ~ ~ X I V Colleotor or any gazetted subordinate of the Colleotor of 1882.
or orders passed on appeal with respect to such orders, being subjeot to appeal to and irevision by superior revenue authorities as nearly as may be as the orders passed by the oivil oourt, or orders passed on appeal with respeot to suoh:orders, would be subjeot to appeal to and revision by appellate or revisional oivil oourts under the Code of Civil Pmoedurel or other law for EgV the time being in force if the deoree had not been JF 1882.
transferred to the Collector.
(4) A power oonferred by the rules upon the Colleotor, or any gazetted subordinate of the Colleotor, or upon any appellate or revisional authority, shall not be exeroisable by the oivil oourt whioh passed the transferred deoree or by any oivil oourt in exeroise' of any appellate or revisional jurisdiotion which it has with respeot to deorees or orders of the aforesaid oivil oourt.
(6) In exeouting a deoree transferred to the Collwtor fa Colleotor under this seotion the Collecttor shall be whomexecution deemed to be aoting judioially within the meaning of decree has of the Judioial Offioers' Prohtion Act, 1860. Uentrsl .
been tranrdemd &t X V ~ to aeeee to dia- 46. (1) When the Colleotor, to whom the exemtion of ISM). &y&m oih:of any decree has been t r d m e d under seotion 46, ooue0tor -is also the Colleotor who has to disoharge the other i the Act.
1 See now Centrd Act V of 1908. I a The worde " Provinoial aove,-t " were substituted for the words " L o d Ctoveyent by the Ada tetion Order d 1031 and the word i' State was subetituted Zr 4iProvinW . by the Adeptetion Order of 1960.
-- -- -- 1902 : T.N. Act I] Court of Wards 4ti7 functions of a Collector under this Aot in respect of the ward against whom suoh decree has to be exeouted, the '[State Government] shall appoint some other t person by name or in virtue of his office to exercise the functions of a Collector under this Act in respeot of such ward other than the execution of the decreer transferred to him.
(2) The Bo rd of Revenue may authorize the person so appointed to exercise 211 or any of the yo:vers conferred on a xevcnue-officer in charge of a drar , ,, tlivision by sub-sec tion (2) of section 16 of the Madras
94. Proprietsry Eatc tes' Village Eervice Act, 1894.
47. The provisions of sections 321,322, 322A,322B, cem, pro.
bntrsl ='LC, 322D, 323, 324, 324-A, 325,3258, 325C of the vieiens of Civil Procedure Code Of Code of Civil Procedure8, shr 11 subject to the provi- to be applicsblo 182.
sions of this Act and to such rules as may be prescribed to execution by the '[State Governnient] under section 45, be appli- decreer truuferred $0 cab!e as far as mny be to the execution of decrees a ollector.
trrtnsfe~red under section 45.
CHAPTER VI.
48. No declaration made by the [State Govern- E=eroire of dircrrtion not ment] under section 16 or 18 and no act done in the ,, bb queltionbd exercise of any discretionary power conferred by in civil court.
this Act shall be questioned in any civil court.