POWERS, DUTIES AND FUNCTIONS OF THE COMMISSIONER

Marginal note:Powers, duties and functions of the Commissioner

5. (1) The Commissioner has the powers, duties and functions assigned to the
Commissioner by this Act and by the Acts listed in Schedule 1 and shall examine and
inquire into, and report to the Minister from time to time on, all matters connected
with the administration of this Act and of the consumer provisions of those other Acts.
Marginal note:Personal information

(2) The Commissioner may collect any personal information that he or she considers
necessary in furtherance of the object described in paragraph 3(2)(a).
Marginal note:Review re voluntary codes of conduct

(3) The Commissioner, if a financial institution has adopted a voluntary code of

conduct referred to in paragraph 3(2)(c) or made a commitment designed to protect
the interests of its customers, may make or cause to be made any review that he or
she considers necessary to monitor compliance with the code or the commitment, as
the case may be.
Marginal note:Respect for other monitors

(4) When acting under subsection (3), the Commissioner shall have due regard for the
role of any department, agency or agent corporation of the Government of Canada or
of a province or any organization that has a role in monitoring compliance by financial
institutions with voluntary codes of conduct or commitments.
Marginal note:Consumer awareness

(5) The Commissioner may carry on any activity that he or she considers necessary in
furtherance of an object described in paragraph 3(2)(d) or (e).

Marginal note:Duties and functions generally

6. (1) The Commissioner shall engage exclusively in the duties and functions of the
Commissioner under section 5 and as deputy head of the Agency.
Marginal note:Other duties

(2) Despite subsection (1), the Commissioner may hold any other office under Her
Majesty or perform any other duties for Her Majesty, but not for reward.
AGREEMENTS

Marginal note:Agreements
7. The Agency, in order to carry out its objects, may enter into an agreement or
arrangement with a department or agency of the Government of Canada or of a province or

with any other person or body in the name of Her Majesty in right of Canada or in its own
name. An agreement or arrangement with a department or agency of a province must be
made with the approval of the Governor in Council.
DEPUTY COMMISSIONERS

Marginal note:Appointment of Deputy Commissioner

8. The Commissioner may appoint one or more officers each to be called a Deputy
Commissioner of the Financial Consumer Agency of Canada who shall act under the
instructions of the Commissioner.
EXERCISE OF POWERS, DUTIES AND FUNCTIONS

Marginal note:Exercise by personnel

9. Except as otherwise provided by the Commissioner and subject to any terms and
conditions that may be specified by the Commissioner, a person who is an officer or employee
of the Agency may exercise any of the powers and perform any of the duties and functions of
the Commissioner under this Act if the person is appointed to serve in the Agency in a
capacity appropriate to the exercise of the power or performance of the duty or function.

Statutory Functions

Power & Function of Deputy Commissioner

A. To act as Collector under Section 6 read with Section 76 of DLR Act, 1954 and Section 3(6) of
DLR Act.
B. To act as Collector under section 105(1)(a) of Punjab Tenancy Act, 1887 and under Section
27(1)(a) of Punjab Tenancy Act.
C. To act as collector under section 14(a) of Uttar Pradesh Land Revenue Act, 1901.
D. Powers to refund to renew stamps within a period not exceeding two years.
E.

Collector of stamps under Indian Stamps Act, 1889.

F.

Registrar under Indian Registration Act, 1908.

G. Powers under Mines & Mineral Act.

H. Competent authority under ULCR Act, 1976.
I.

Powers under Section 8 of House hold electrical appliances (Quality Control) Order 1987.

J.

Powers to enforce the Oil pressure Store (Quality Control) Order 1987.

K. Powers under Section 6 under clause 7 General Service Electrical Lamps (Quality Control)
Order 1989.
L.

District Environmental Protection Officer under Section 4(1) of Environment Protection Act,
1986.

M. Competent authority under Right to Information Act 2001.

N. Jt. CEO / Returning officer of te Parliament Constituency.
Others
1.

Convenor of District Development Committee.

2.

Convenor of District Task Force

3.

Chairman of District Public Grievance Cell.

4.

Powers of Head of Department under Section 2(10) & 3(f) of Delegation of Financial Powers
Rules, 1978.

Power & Function of Additional Deputy Magistrate

Statutory Functions
A. ADMs have been given power of Executive Magistrate to deal with Section 109, 110, 133, 145,
174 & 176 and other link provisions under CRPC.
B. To act as Additional Collector under Section 6 read with Section 76 of DLR Act, 1954 and
Section 3(6) of DLR Act.
C. To act as Collector under Section 105(1)(a) of Punjab Tenancy Act, 1887 and under Section
27(1)(a) of Punjab Tenancy Act.
D. To act as Land Acquisition Collector under clause C of Section 3 of Land Acquisition Act, 1894.
E.

To act as Collector under section 14(a) of Uttar Pradesh Land Revenue Act, 1901.

F.

Registrar of Marriage/Marriage Officer under Hindu Marriage Act & Special Marriage Act 1955 &

1954.

Power & Function of Sub Divisional Magistrate

Statutory Functions
A. SDMs have been given power of Executive Magistrate to deal with Section 109, 110, 133, 145,
174 & 176 and other link provisions under CRPC.
B. To work as Asstt. Collector, I class under sub-section 1 of section 27 of the Punjab Land
Revenue Act, 1887 (Punjab Act No. 70 of 1887) as enforced in NCT of Delhi and sub-section(1)
of section 15 read with section 223 of UP Land Revenue Act, 1901 (Act No. III of 1901).
C. To act as Asstt. Collector, I class and Revenue Assistant under sub-section(1) of Section 7 read
with section 76 of Delhi Land Revenue Act, 1954 (Act No. 12 of 1954).

D. To act as Collector under sub-section(4) read with clause 6 of the section 3 of the Northern
India Canal and Drainage Act, 1873 (Act No.2 of 1873).
E.

Asstt. Collector under clause 19-A of section 3 of Delhi Land Reforms Act, 1954 (Act No. 8 of
1954).

F.

To act as Settlement Officer (Consolidation) under sub-section(1) of sub-section (i) of section

20 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
(East Punjab Act No. 50 of 1948).

G. To function as competent authority under clause (c) of section 2 of the Delhi Land Holdings
(Ceiling) Act, 1960 (F.24 of 1960).
H. Collector of stamps under Indian Stamps Act, 1889.
I.

Power under Mines and Minerals Act.

J.

Powers to enforce the Oil pressure Store (Quality Control) Order 1987.

K. Powers under Section 6 under clause 7 General Service Electrical Lamps (Quality Control)
Order 1989.
L.

Powers under Cable Television Networks (Regularisation) Act, 1995.

M. District Environment Protection Officer under section 4(1) of Environment Protection Act,
1986.
N. Powers under section 207 of Motor Vehicle Act, 1988 for impounding the vehicles.
O. Powers under the Delhi Prohibition of Smoking & Non Smoking Health Protection Act, 1996.
P.

Local Health Authority under PFA Act.

Q. Returning Officers for Assembly Constituency.

POWER OF MAGISTRATE TO CONTROL DISPUTE OVER

POSSESSION OF AN IMMOVEABLE PROPERTY
POWER OF MAGISTRATE TO CONTROL DISPUTE OVER
POSSESSION OF AN IMMOVEABLE PROPERTY
When and what powers can be used by the magistrate to control dispute over possession of an
immoveable property? Can possession be restored back to person dispossessed?

 What order can be passed by a magistrate if any apprehension of breach of peace is brought to
his notice regarding immoveable property?
INTRODUCTION

RELEVANT PROVISIONS
Section 145 of Cr.P.C
POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF IMMOVEABLE
PROPERTY UNDER SECTION 145
A magistrate of first class can exercise powers to control dispute over possession of an
immoveable property which is likely to cause breach of the peace in police report or other
information.
ESSENTIALS FOR EXERCISING POWERS BY MAGISTRATE
I-

EXISTENCE OF DISPUTE

II-

SATISFACTION OF MAGISTRATE

III-

DISPUTE CONCERNING LAND

IV-

DISPUTE LIKELY TO CAUSE BREACH OF PEACE

V-

LAND MUST BE WITHIN JURISDICTION

MAKING OF ORDER
After being satisfied from police report or other information that there is a dispute exists
regarding land which is likely to cause breach of the peace, he shall make the order in writing.
SERVICE OF ORDER
An order shall be served in following manner;

I-

IN MANNER OF SUMMONS

II-

PUBLICATION OF ORDER NEAR DISPUTE

POWERS OF MAGISTRATE
A magistrate can exercise the following powers in respect of the disputed property.

I-

DETERMINE THE FACT OF ACTUAL POSSESSION

II-

HEAR THE PARTIES

III-

RECEIVING OF EVIDENCE

IV-

TAKES FURTHER EVIDENCE

V-

DECISION AS TO POSSESSION

VI-

ATTACHMENT OF PROPERTY

VII-

CANCELLATION OF ORDER OF ATTACHMENT

VIII-

APPOINTMENT OF RECEIVER

IX-

ADDITION AS TO PARTIES

X-

DECLARATION OF ENTITLEMENT OF POSSESSION

XI-

RESTORATION OF POSSESSION

XII-

ORDER FOR DISPOSAL OR SALE

XIII-

ISSUING SUMMONS TO ANY WITNESS

XIV-

REFERRING PARTIES TO COURT OF COMPETENT JURISDICTION

The magistrate can refer the parties to a court of competent jurisdiction after attaching the
property if

i)
ii)

More of the parties are found in possession. Or

The magistrate is unable to satisfy himself as to which of the parties were at the relevant time
in possession.

EFFECT OF ORDER MADE UNDER SECTION 145

An order under section 145 is final and conclusive and is intended to be effective until the party
in whose favour the order is made is evicted in due course of law.
REMEDY AGAINST SUCH ORDER
The remedy for the unsuccessful party is to file a civil suit.
SUBORDINATION OF POWER OF MAGISTRATE
Powers of criminal Courts in proceedings under section 145 Cr.P.C are subordinate to powers of
civil courts which have dealt with the same property.
CONCLUSION