Amendment status not verified — confirm the current text below against the official source.
Execution of decrees to be transferred to Collector in certain cases.- (1) In the case of any specified ward of the Court, the State Government may declare, by notification that execution of decrees passed by Civil Courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contract specifically affecting any such immovable property order the sale of the same, whether such decrees be passed prior to such notification or subsequent thereto, shall be transferred to the Collector 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, such portion alone shall be transmitted to the Collector for execution. (2) The State Government may also notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908) prescribe rules for the transmission 16 of the decree from the Civil Court to the Collector, and for regulating the procedure of the Collector in executing the same, and for retransmitting the decree from the Collector to the Civil Court. (3) Rules under this section may confer upon the Collector or any gazetted subordinate of the Collector all or any of the powers which a Civil Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector, including the powers of the Civil Court under Rules 72 and 92 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) and may provide for orders passed by the Collector or any gazetted subordinate of the Collector or orders passed on appeal with respect to such orders, being subject to appeal to and revision by superior revenue authorities as nearly as may be as the orders passed by the Civil Court, or orders passed on appeal with respect to such orders, would be subject to appeal to and revision by appellate or revisions Civil Courts under the Code of Civil Procedure, 1908 (V of 1908) or other law for the time being in force if the decree had not been transferred to the Collector. (4) A power conferred, by the rules upon the Collector, or any gazetted subordinate of the Collector, or upon any appellate or revisional authority, shall not be exercisable by the Civil Court which passed the transferred decree or by any Civil Court in exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders of the aforesaid Civil Court. (5) In executing a decree transferred to the Collector under this section the Collector shall be deemed to be acting judicially within the meaning of the Judicial Officers Protection Act, 1850 (XVIII of 1850).