Section 2 of The Kazis Act, 1880
Wherever it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Ka’zi’s 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 Ka’zi’s for such local area. If any question arises whether any person has been rightly appointed Ka’zi’ 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 Ka’zi’ 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, or who refuses or becomes in the opinion of the State Government unfit, or personally incapable, to discharge the duties of the office.
Summary
- The State Government has the power to appoint one or more Kazis for a local area if a considerable number of Muslim residents in that area desire it.
- Before making an appointment, the State Government must consult the principal Muslim residents of that local area.
- The State Government selects one or more fit persons to be appointed as Kazis for the area.
- If any dispute arises about whether a person was rightly appointed as a Kazi, the decision of the State Government is final and conclusive.
- The State Government can suspend or remove an appointed Kazi for specific reasons, such as misconduct (which means bad behavior or doing something wrong), being declared an insolvent (which means they cannot pay their debts), or personal incapacity (which means they are physically or mentally unable to do the work).
- A Kazi can also be suspended or removed if they desire to leave the office, refuse to work, are absent from their local area for a continuous period of six months, or leave the area to reside elsewhere.
Practical examples
FAQ
1. Who has the authority to appoint a Kazi under Section 2?
The State Government has the authority to appoint a Kazi.
2. What triggers the State Government to consider appointing a Kazi?
It must appear to the State Government that a considerable number of the Muhammadans resident in a local area desire such an appointment.
3. Whom must the State Government consult before appointing a Kazi?
The State Government must consult the principal Muhammadan residents of that local area.
4. If someone challenges whether a Kazi was properly appointed, who decides?
The State Government decides, and its decision is conclusive.
5. Under what conditions can an appointed Kazi be suspended or removed?
A Kazi can be suspended or removed for misconduct, continuous absence of six months from their area, leaving their area to live elsewhere, being declared an insolvent, desiring to be discharged, refusing to work, or becoming unfit or personally incapable in the opinion of the State Government.
Test yourself
Q1.Whose desire is required before the State Government considers appointing a Kazi under Section 2?
Q2.Whom must the State Government consult before selecting a Kazi under Section 2?
Q3.If a question arises about whether a Kazi has been rightly appointed, whose decision is conclusive?
Q4.A Kazi can be suspended or removed if they are absent from their local area for what continuous period?
Q5.Which of the following is NOT a ground for suspending or removing a Kazi under Section 2?
Q6.What is the legal effect of a Kazi being declared an insolvent under Section 2?