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ACT NO.12 of 1880
[AS ON 1957]
An Act for the appointment of persons to the Office of Kazi.
[9th July, 1880]
WHEREAS by the preamble to Act No.XI of 1864 { 1.Rep.by Act 8 of 1868.} (An Act of repeal
the law relating to the offices of Hindu and Muhammandan Law officers and to the offices
of Kazi-ul-Kuzaat and of Kazi, and to abolish the former offices) it was (among other
things) declared that it was (among other things) declared that it was inexpedient that
the appointment of Kazi-ul-Kuzaat, or of City, Town or Pargana Kazis should be made by the
Government, and by the same Act the enactments relating to the appointment by the
Government of the said officers were repealed; and whereas by the usage of the Muhammadan
community in some parts of{ 2.Subs.by the A.O.1950, for "the Provinces".}
(India) the presence of Kazis appointed by the government of the said officers were
repealed; and whereas by the usage of the Muhammadan community in some parts of (India)
the presence of Kazis appointed by the Government is required at the celebration of
marriages and the performance of certain other rites and ceremonies, and it is therefore
expedient that the Government should again be empowered to appoint persons to the office
of Kazi; It is hereby enacted as follows:-
1.Short title.- This Act may be called the Kazis Act, 1880 ;
{ The words "and it shall come into force at once" rep.by Act 10 of 1914,
s.3.and Sch.II}
Local extent.- It extends, in the first instance, only to the territories administered by
the Governor of Fort Saint George in Council.{ Subs.by Act 3 of 1951, s.3 and Sch., for
"But the Government of any other Part A State or the Government of a Part C
State".} (But the Government of any other State) may, from time to time, by
notification in the Official Gazette, extend it to the whole or any part of the
territories under its administration { The Act has been extended to certain places in the
Bombay Presidency, West Bengal, The U.P., The Punjab, The C.P.and Assam.}.
2.Power to appoint Kazis for any local area.- Wherever it appears to the State Government
that any considerable number of the Muhammadans resident in any local area desire that one
or more Kazis should be appointed for such local area, the State Government may, if it
thinks fit, after consulting the principal Muhammadan residents of such local area, select
one or more fit persons and appoint him or them to be Kazis for such local area.
If any question arises whether any person has been rightly appointed Kazi under this
section, the decision thereof by the State Government shall be conclusive.
The State Government may, if it thinks fit, suspend or remove any Kazi appointed under
this section who is guilty of any misconduct in the execution of his office, or who is for
a continuous period of six months absent from the local area for which he is appointed, or
leaves such local area for the purpose of residing elsewhere, or is declared an insolvent,
or desires to be discharged from the office, r who refuses or becomes in the opinion of
the State Government unfit, or personally incapable , to discharge the duties of the
office.
3.Naib Kazis.- Any Kazi appointed under this Act may appoint one or more persons as his
Naib or Naibs to act in his place in all or any of the matters appertaining to his office
throughout the whole or in any portion of the local area for which he is appointed, any
may suspend or remove any naib so appointed.
When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be
deemed to be suspended or removed, as the case may be.
4.Nothing in Act to confer judicial or administrative powers; or to render the presence of
Kazis necessary; or to prevent any one acting as Kazi.- Nothing herein contained, and no
appointment made hereunder, shall be deemed -
(a) to confer any judicial or administrative powers on any Kazi or Naib Kazi appointed
hereunder; or
(b) to render the presence of a Kazi or Naib Kazi necessary at the celebration of any
marriage or the performance of any rite or ceremony ; or
(c) to prevent any person discharging any of the functions of a Kazi.
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