POWERS, DUTIES AND FUNCTIONS OF THE COMMISSIONERMarginal 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.AGREEMENTSMarginal note:Agreements7.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 COMMISSIONERSMarginal note:Appointment of Deputy Commissioner8.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 FUNCTIONSMarginal note:Exercise by personnel9.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.

Power & Function of Deputy CommissionerStatutory FunctionsA. 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. Registrarunder 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.Others1. Convenor ofDistrict Development Committee.2. Convenor of District Task Force3. Chairman ofDistrict 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 MagistrateStatutory FunctionsA. 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 Officerunder Hindu Marriage Act & Special Marriage Act 1955 & 1954.Power & Function of Sub Divisional MagistrateStatutory FunctionsA. 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 PROPERTYPOWER 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 PROVISIONSSection 145 of Cr.P.CPOWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF IMMOVEABLE PROPERTY UNDER SECTION 145A 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 MAGISTRATEI-EXISTENCE OF DISPUTEII-SATISFACTION OF MAGISTRATEIII-DISPUTE CONCERNING LANDIV-DISPUTE LIKELY TO CAUSE BREACH OF PEACEV-LAND MUST BE WITHIN JURISDICTIONMAKING OF ORDERAfter 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 ORDERAn order shall be served in following manner;I-IN MANNER OF SUMMONSII-PUBLICATION OF ORDER NEAR DISPUTEPOWERS OF MAGISTRATEA magistrate can exercise the following powers in respect of the disputed property.I-DETERMINE THE FACT OF ACTUAL POSSESSIONII-HEAR THE PARTIESIII-RECEIVING OF EVIDENCEIV-TAKES FURTHER EVIDENCEV-DECISION AS TO POSSESSIONVI-ATTACHMENT OF PROPERTYVII-CANCELLATION OF ORDER OF ATTACHMENTVIII-APPOINTMENT OF RECEIVERIX-ADDITION AS TO PARTIESX-DECLARATION OF ENTITLEMENT OF POSSESSIONXI-RESTORATION OF POSSESSIONXII-ORDER FOR DISPOSAL OR SALEXIII-ISSUING SUMMONS TO ANY WITNESSXIV-REFERRING PARTIES TO COURT OF COMPETENT JURISDICTIONThe magistrate can refer the parties to a court of competent jurisdiction after attaching the property ifi)More of the parties are found in possession. Orii)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 145An 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 ORDERThe remedy for the unsuccessful party is to file a civil suit.SUBORDINATION OF POWER OF MAGISTRATEPowers 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