Courthouses (Provision and Maintenance) Act, 1935

Appointment of caretakers.

5.—(1) Whenever the custody of any courthouse accommodation is vested under this Act in a county registrar, the council in whose functional area such courthouse accommodation is situate shall as often as occasion requires appoint and shall pay a fit and proper person to be the caretaker of such courthouse accommodation, and shall also so appoint and shall pay so many (if any) fit and proper persons as the Minister shall direct (either generally or in any particular case) to be assistants to such caretaker.

(2) Whenever a Council fails for three months to make any appointment which such council is required by the foregoing sub-section of this section to make, the Minister may make such appointment, and in every such case such council shall duly pay to the person so appointed such remuneration as the Minister shall direct.

(3) Whenever a vacancy occurs in the post of a caretaker of courthouse accommodation who is appointed under the foregoing provisions of this section or in the post of assistant to any such caretaker, the county registrar having the custody of such courthouse accommodation may appoint a person to fill such post temporarily until such post is duly filled under the said foregoing provisions, and in every such case the council in whose functional area such courthouse accommodation is situate shall duly pay to the person so appointed such remuneration as the Minister shall direct.

(4) Every caretaker and every assistant to a caretaker of courthouse accommodation appointed under this section may at any time be dismissed from his post as such caretaker or assistant by the council by whom his remuneration is payable or by any Judge of the Supreme Court, the High Court, or the Circuit Court presiding at a sitting of any such Court in such courthouse accommodation, or by the Minister.

(5) Neither the Court Officers Act, 1926 (No. 27 of 1926), nor the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall apply to any person appointed or to any appointment made under this section.

(6) Where the person who holds at the passing of this Act the post of caretaker or of assistant to the caretaker of any courthouse accommodation the custody of which is vested under this Act in a county registrar is continued in such post after the passing of this Act, such person shall be deemed to have been appointed to such post under this section.