DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Court of Wards Act, 1902
Act 1 of 1902
Keyword(s):
Court, Ward, Minor, Proprietor
1
Preamble.
Court of Way& [I902 : T.N Aot I l(TaMU( NADq ACT NO. I OF 19028. (Received the msent of the Governor on the 22nd F e b r w y 1902, a d that of the Viceroy and Govemr-General on the 7th May 1902 ; the Governor-General's assent was first published i n the Fort. S t . George Gazette of the 27th May/1902.)
An Act to consolidate and amend the law
relating to the Court of Wards in the 8CState of Tamil Nadu].
WHEREAS it is expedient to oomolidate and amend the law relating to the Court of Wards in the '[State of Tamil Nadu] ; It is hereby enaoted as follows :-
CHAPTER I.
1. This Aot may be oalled the lvamil Nadu] Court of Wards Act, 1902. -
1 These words were substituted for the word "Madrk " by the Tamil Nadu Adaptation of Laws Order. 1969, as amended by the Tamil Nadu Adaptation of Laws (boond Amendment) Order,
1969, whioh,oame into foroa on the 14th January 1969,
2 For Statement of Objects and Reasons, ase Fort St. Cfsorge Gazette, 1901, Extraordinary, p. 16 ; for Report of the Seleot Committee, 8ca ibid, 1902, Extreo-ry, p. 1 ; and for Prooeedinge
in Oounoil, see ibicl, 1901, Pt. W , pp. 44, 74, and ibid, 1902, Pt. V, pp. 46, 89, 123.
This Aot wes extended to the merged State of Pudukkottai by
seotion 3 of, and the First Sohedule to, the Tamil Nadu Merged
States (Laws) Act, 1949 ( T d l Nadu Aot XXXV of 1949).
This Aot was extended to the Kenyakumsri distriot and the Shenoottah taluk of the Tirunelwli district by esotion 4 of! and
the Seoond Sohedule to, the T+ Nadu (Traasferred Terntorg) Extension of Laws Act, 1960 (Tam11 Nadu Aot 23 of 1960) repealing the oorresponding law in that territory.
3 This expression was substituted for the expreaaion " Mad?@
Preaidenoy" by the Tamil Nadu Adaptation of Laws Order, 1Q70, which was deemed to have aome into f o m on the 14th Jm-
1970.
4 This expwion was substituted for the erpmfssion " Presidency of Madres " by iW.
- .
2
I-, 1902 : T.N. Act I] Court of War& ' 476
It extends to the 1 [State of Tamil Nadu] a[ * ~xjeht. * * * * I .
2. Seotion 26 of the '[Tamil Nadu] Collectors Regu- J,~WS repealed.
. lation, 1803, the Madras Court of Wards Regulation,
'V 1804, the Madras Minorrr Aot, 1866 and the Madras
Court of Wards (Amendment) Aot, 1899 are hereby
8. Nothing in this Act,shell be construed to affect Jurisdiction of ' or in any way to derogate t o m any power possessed z;:d.Court by the High Court of Madras over the persons and estates of infants, idiots and lunatics.
4. In this Aot, unless there is something repugnant Definitions.
9 . in the subjeob or oontext :
" The Court ' ' means the Court of Wards. a ' ~ ~ ~ r t . "
" Ward " meGns a person who has been made a ,.Ward.m ward of the Court under section 19. .
" Minor " means a person who, under the provi-! minor."
z:t-siom of the Indian Majority Act, 1876, as amended by kt V I I I ~ mtion 62 of the Guardians and Wards Act, 1890, has
890. not attained majority.
" Proprietor " means a person who owns or has 6PrOPri~tOr.'9 a life interest in land either solely or as a co-sharer.
CHAPTER 11.
THE COURT oa WARDS.
5. The Board of Revenue shell be the Court of Warde court of Wards. for the territories to which this Act extends, and for the purposes of this Act, Collectors shall be subject to the oontrol of the Caurt.
6. The Court of Wards shall be subject to the control Control of State of the '[State Government], and the "State Govern- Government. ment] may, if it thinks fit, revise, modify or reverse any - ---
1 This cxpreaaion was substituted for the expression "Presidcncy of Madras" by the Tamil Rtldu Adaptation of Laws Order, 1970,
which was deemed to have come into force on the 14th January
1969.
9 The words " exolueive of ths scheduled districts " were omitted by theXtdr88 Adaptation of Laws Order 10.57. a Them word8 wen, subetituted for the word "Msdrss " by the
Temil Nadu Adaptation of Laws Order, 1969, as amended by the
TaspiI Nadu Adeptation of Lawa (Seo~)nd Amoudmont) Ordor, 1969,
whah aeme into form on the 14th Jenuay 1969.
4 The words " Provincinl Cl~vernrnent were substituted for
the words-** l o c d B0y:rnment by the Adaptation Order of 1937
en4 the word " State was substituted for " Prwinoial " by the Adaptatin Order of 1DMf.
3
476 Court of War88 [I902 : T.N. Act I
order passed or proceedings taken under this Act, whether a petition is presented against such order or proceeding or not.
Distribution of 7. (1) Sections 2, 3 and 4 of the l[Tamil Nadu] Board busineee. of Revenue Act, 1894, shall, SO far as may be, apply to the Board of Revenue when exercising jurisdiction as A O ~ I the Court of Wards. 1894.
Secretary may (2) It shall in all cases be lawful for a Secretary sign for court. of the Board of Revenue to sign on behalf of the Court.
Powere of
Court how
exeroiaed.
8. The Court may exercise all or any of the powers . conferred on it by this Act through the District Col- lectors in whose districts any part of the property of the ward may be situated or through any other person whom it may appoint for the purpose ; and m y confer any of its powers on any such Collector or person and withdraw any powers so conferred.
CHAPTER 111.
ASSUMPTION OR' SWPEI~INTIENDENUE OF PERSONS AND PROP^!^.
Disqualiil- 9. The following proprietors shall be deemed to be oation. disqualified for the management of their property:-
(a) Minors.
(b) Women declared by the e[State Government] to be-incapable of managing their property.
(c) Proprietors adjudged by a competent civil court to be of unsound mind and incapable of managing their property.
1 These words were substituted for the word " M h " by the
Tamil Nadu Adaptation of Laws Order, 1969, aa emended by t b T d Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969
which came into force on the 14th Jan- 1969. a The words "Provincial Government" were aubatituted for the words "L~oal C;overnrnent" by Adaptation Order of
1937 and the word "State" Was subst~tuted for ''Provincial" by
the Adaptation Order of 19 K O .
4
1902 : T.N. Act f] Court of Wards 477
(d) Proprietors declared by the l[State Govern- ment] to be incapable of -managing their properky owing to any physical or mental defect or infirmity renderihg them unfit to manage their property.
10. (1) Whenever rt Collector receives information Immediate
that a proprietor of land situated in his division or $:ie,~e'~~
district has died, and he has reason to believe that the heirs.
heir of such proprietor is, or should be declared to be, disqualified under section9,-
(a) he may take such steps and make such order as he thinks proper for the temporary custody and protection of the property which he has reason to believe to belong to the heir; and
. (b) if the heir be a minor he may direct that the person, if any, having custody of the minor, shall produce him or muse him to be produced, at such place and time, and before such person, as he appoints, and may make such order for the temporary custody and protection of the minor as he thinks proper;
(c) female minors who ought not to be compelled to appear in public shall be produced in accordance with the manners and the customs of the country.
(2) If the Collector taking action under sub-sec- tion (1) is not the District Collector, he shall report the matter forthwith to the District Collector, who ahall decide whether to direct the Collector to withdraw, or himself to report the matter to the Court as provi- ded in section 12.
11. All expenses incurred by a Collector, acting Rocovery of
under section 10, shall, whether the property is after- exPonditu'o-
wards taken under the superintendence of the Court or not, form a charge upon the property concerned, and shall be recoverable from the owner of such pro- perty, or the person whom the Collector shall find to be in possession of such property, as an arreer of land- revenue.
-." 1
1 The words "Provinoid Government" were substituted for the words " L o d ~overnment" by the Adaptation Order of 1937 and the word "State" wee substituted for "Pr~vinoial" by the Adapta- tion Order of 1960.
5
Court of Wards [I902 : T.N. Aot f Report by 12. Whenever any District Colleotor, after making
Distriot Golleo- such inquiry as he deems necessary, has reason to
tor. believe that any proprietor in his district is, or should be declared to be, disqualified under seotion 9, he shall submit a report to the Court setting forth all tho
circumstances of the caso : Provided that in the case of proprietors of land on which the annual revenue payable to Government is less than Rs. 10,000 or ,of which the annual rent value as defined in the Madras ~ h ,
Local Boards Act, 1884l is less than Rs. 20,000, the Act V of
District Collector need not report the case to the Court unless he is of opinion that the Cokxrt ought to assume the superintendence of the property : Provided also
. that the Court or the ZCStuto Govornmont] may oall for a report on any cuso, if it thinks fit.
Proprietor to 13. (1) Before reporting to the Court under seotion
be given 12 that a proprietor ought to be deolared to be disquali- fied under clause (b ) or (a) of sootion 9, the Distriot
be heard and to Collector shall give notice to such proprietor and afford
evidence. him a reasonable . opportunity to be heard and to adduce evidence.
(2) All questions as to whether the provisions of the section have been complied with shall be deoided finally by the 2[State Government].
Report by 14. The Court shall consider the Collector's report
Court. and except in the case of female proprietors, not being ' minors, whom it decides to leave in charge of their property, shall report the oase to the [State Govern- ment] with its recommendation and pending the reoeipt of orders shall have power to take suoh steps as it mcvg deem necessary for the protection of the person and property of the proprietor in question.
State QOvern- 15. The ([State ~ovekment] on r6oeipt of the Court's ment recommendation, may in any oase falling under ~ l a ~ s e declore prop- rietor disquali- (b) or ( d ) of section 9 deolare the proprietor to be
fied and direct 14 7
Court, to RSsulno 1 Sea now tho Ttx~nil Nadu District B o d s Act, 1920 (Tamil Nadu Q superinten- A O ~ XIV of 1920). denoe. 8
2 The words ' 'Provincial Government" were substituted for the worde "Looal Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provinoial"by the Adapte. +
tion* Order of 1960. - .t
6
$902 : T.N. Act I] Court of M s
disqualified, and in any case falling under section 9 may order the Court to assume the superintendence of the person or property of the proprietor or of both. Proprietor no* 16. The '[State Government] shall not declare any to be deolared proprietor to be disqualified under clause (d) of section disqualified 9 unless satisfied that it is expedient in the public ~ ~ ~ ~ u n ~ ~ ~ ~ interests that his property should be managed by the ground Court, and statement to this effect shall be inserted in lit interests. the declaration made by the l[State Government] as
provided in section10.
17. (1) The l[State Government] shall not order the p,o,;sion to Court to take the property of 2[an undivided Hindu meet case of Family or a Marumakkattayrtm tarward under its undivided Hindu families superintendence unless all ' the oo-parceners or and 00-sharers. the members of the tarward, as the case may be] are) or are declared to be, disqualSed under section 9. .
(2) When two or more proprietors are co-sharers otherwise than as co-parceners in an undivided Hindu family 8[or as members of a Marumakkattayam tarwad] and one of such co-sharers is,.or is declared to be, dis- qualified under section 9, the l[State Government] may order the Court to institute a suit for partition on behalf of the disqualified proprietor and to take under its superintendence the property allotted to such proprietor in the partition.
18. A proprietor may make application to the l[State Application by
Government] to have his property placed under the rlpf?
superintendence of the Court, and the l[State Govern- mentlmay, on being satisfied that it is expedient in the - A---
'The words' 'Provinoial &vemment" were substituted for the words "Locd Government" by the Adaptation Order of 1937 and
the word "State" was substituted for "Provincial" by the Adapta- t ion Order of 1960.
s These words were aubatituted for the wods "an undivided Hindu Family under its superintendence unless all the oo-paroeners"
by seotion 4 of, and the Seoond Sohedule to, the Tamil Nndu (Trans. . femd Territory) Extension of Laws Act, 1960 (Tamil Nadu Aob
9 3 64 1960), whioh oame into for@ on the 1st April 1961 repealing the aofiegponding law in that territory.
8 'J'h'ese words were inserted by seation 4, ibid.
7
Court of Wards 11902 : T.N. Act I
public interests that such property should be managed by the Courb, make a declaration to that effe'ot and order the Court to assume the superintendenoe of suoh property.
Notiacetion of 19. (1) Whenever under seotion 15 or 18 the
eseumption of l[State Government] orders the Court to take under
superinten- its superintendence the person or property of a proprie-
dence. tor or both, such order of the l[State Government] together with any declaration made under the aforesaid sections, shall be notified in the a[Offioial Gazette] and also in the Gazette of the distriot in which suoh property . or any portion thereof is situate. The notifioation shall specifiy the District Colleotor who shall disoharge the duties imposed upon a Colleotor by this Aot in respect of such person or property or both, as the case may be.
Cons equenoea (2) Such proprietor shall be deemed to have '
of suoh notid- beoome a ward under the Court, fiom the date of the
oation. said order of the l[State Government] and the superin-
tendence of his person or property or of both shall fake effeot from the said date,and as to property shall extend to all movable and immovable property belonging to him at the date of the order, or Co whioh he shall after- wards beoome in any way entitled whilst he oontinues under such superintendence :
Provided that i t shall be in the disoretion of the Court to assume or refiain from assumhg th? superin- tendonoe of any, property whioh the ward may eoquire otherwise than by inheritance subsequent to the date of the order of the l[State Government] under seotion 15 or 18.
CHAPTER IV.
MANAGEMENT AND GUARDIANSHIP.
Collector take 20. When the Court has assumed the superin-
ward's pro- tendence of the property of a ward, the Distriot
perty. Colleotor speoified in the notifimtion under section 19
1. The words "Provincial Government" were substituted for the words '*Local Ctovernment" by the Adaptation Order of 1987 and the word6~S*tel' was substituted for "Provinciel" by the Adepts- tion Order of 1960.
These words were substituted for the worde "F'ort St. -8 Ba&i%" by the Adaptation Order of 1937.
8
1902 : T.N. Act IJ Court of Wards 481
or if so directed by the Court, the Collector of the Diebict in which m y part of the property is situated
ahall fake possession and custody of such property on behalf of the Courb.
Powere of
21. It shall be lawful for such Collecttor- Oo~Ieotor in eo doing.
(a) to order any person in possession of any mov- able property to the possession of which the ward is entitled or of any accounts or papers relating to the property of such ward, to deliver up such movable property, accounts or papers;
(b) in case there is reason to believe that any
movable property to the possession of which the ward is entitled or any accounts, or papers relating to the property of the ward are to be found in any room, box, or reoeptacle within any house in the actual possession
of the ward, to break open such room, bnx or receptacle or authorize the same to be broken open for the purpom of searching for such property, accounts or papers ;
(c) to order any person who is or has been in the employ of the ward, and any person who was in the employ of the deceased proprietor, if any, from whom the ward derives his title, to attend before him for examination aad to defray the necessary expenses of any person so attending out of the assets of the estate;
(a) to order all holders of tenures and under- tenures on the ward'a property to produce their titlea before him.
22. The Court may determine what sums shall be Allowmoes
allowed for the expenses of the ward and of his family for ward end family.
and dependants.
23. The Courb m y make such orders and mange- cuetody,
ments, as to it may seem fit, in respect of the custody, residenoe,
residence, education and marriage- eduoetion
I y q r i a g e
(a) of any ward whose person is for the time baing
under ite euperinbndenoe, relatives 126-19-31
9
Court of mf~rdu . [I902 : T.N. Aet 1
(b) of any minor ehild, minor brother, OP minor sister of such ward, who, in the opinion of the Court, is entitled to maintenance a t the charge of the ward's estate,
(c) of the ward's next male heir being a minor and
alao so entitled to maintenance.
Appoint- 24. (1) The Court may appoint managers for the
ment, eto., of property, and guardians for the person, of any ward,
and and may control or remove any manager or guardian
guardians.
so appointed :
Provided that it shall not appoint a, guardianfor any person who has become a ward in pursuance of an order under section18.
Collector to act if there is no manager or guardian. Wb may end may uot Be guer.linne.
(2) Any appointment made under this section shall terminate when the Court ceases to exercise superin- tendence over the person for whom a guardian, or over property for which a manager, has been appointed.,
25. If no manager of the property or guardian of the person of a ward is appointed by the Court, or the office is temporarily vacant, the District Collector specified in the notification under section 19, or any other Clelleotor whom the Court may appoint in this behalf, shall be competent, under the control of the Court, to do any- thing that might be done by suoh manager or guardian. 1 s
26. (1) No person being the next legal heir of a ward,i 3
or appearing to have a direct or indirect advantage in the death or continued disqualification of suoh ward, shall be appointed guardian of such ward:
Provided that the mother of a ward, or any peraon appointed guardian by the will of a person authorized to make suoh appointment may be appointed guardian
by the Court a t ita discretion.
(2) A female guardian shall be appointed for a female ward, and a male guardim for a male ward above seven years of age, unless, in any am, the
Court, for special reasons, shall direot otherwise :
10
: 1902' : .T.N. Act I] Court of Wards Provided 'that no guarditin shall ordinarily ba 1 appointed for a female ward if she has an adult husband.
27. A guardian appointed under section 24 shall bo
or charged with tho custody of the ward, and, subject to gusrdiarrg,
the control of the Court, shall make suitable provision for his maintenance and health, and, if he be a minor, for his education, and for such other matters as are required by the personal law to which the ward is subject, and shall-
(a) give such socurity (if any), as the Court thinks fit, for the due porformmce of his duty;
(b) submit such accounts as the Court may direct ;
(c) pay the balmoes due from him thereon;
(a) continue liable to account to the Court after he has ceased to be guardian for his receipts and dis- bursements during the period of his guardianship;
(e) apply for the sanction of the Court to any aot which may involve expense, not previously sanctioned by the Court;
df ) be paid such allowance out of the property of the ward, as the Court thinks fit.
28. Every manager appointed by the Court shall powersof
have power, subjoot to the control of the Court, to manager.
collect the rents of land placed under his charge, as well as all other money due to the ward, and to grant receipts therefor, and may under tihe ordors of the Court, grant or renew such leasesss may in his opinion be necessary for the good management of the property, and do all such lawful acts as he may be generally or speoially authorized by the Court to do for the good management of the property.
29. Every mollugor uppointod by tho C o ~ ~ r t sliall Dutio8 of
manage the property placed under his charge diligently manager*
and faithfully ancl shall-
(a) give such security, if any, as the Court thinks fit
duly to acoount for what he may receive in respect of he rents and profits of the property under his charge;
11
Court of W a d . [lQOB : T.N. A d 1
(b) keep such accounts in such form and submit them at such times as the Courb may direot;
(c) deal with all moneya received by him in such manner as the Court may direct;
(d) apply for the sanction of the Court to any act
whioh may involve the property in expense not previously sanotioned by the Court;
(e) be responsible for any loss oooasioned to the property by his negligenw or wilful defaulf; i
:
Cf) continue liable to account to the Court after he has oeased to be manager for hie rewipts and disburse- ments during the period of his malagership;
(g) be paid such allowance out of the property of the ward as the Court thinks fit.
Employees 30. Every guardian, manager, or other servmb of the
of court Court, shall be deemed to be a "public eervant" within
deemed to the meaning of aections 161, 162,163,164 and 166 of
be s rvants. yublio the Indian Penal Code, and in the definition of legal EgV
remuneration contained in the said section 161, the of Isso.
word "Government" shall for the purposes of this section, be deemed to include the Court.
Manager and 31. Every manager or other servant of the Court
other entrusted with the receipt, oustody or control of moneys
servants to or securities for money on behalf of the Court or with the !: eitj$o management of any property under its superintendence
aooountants shall be deemed to be a public accountant within the F:$rg and amen- meaning of the Public Accountants' Default Act, 1860, .f lsao. dable to lCTamil Nadul and shall be amenable to the provisions of the l[Tamil Tamil Rseulation Nadu] Revenue Malversation Regulation, 1822, as if Nadu IX of 1822. he were a a[ 1 servant of the ?fig
Collector's public establishmentis.
1 These words were substituted for the word ''Msdnre" by the Tamil Nadu Adaptation of Laws Order, 1969, a8 amended by the 9 4 Nedu Adaptation of Laws (Seoond Amendment) Order, 1069, whioh w e into f-me on the 14th January 1969.
* Therood '* nw~ve" wan omittea by the Adaptation (Amend- rat) Order of 1960. *
12
1902 I T.N. Aet I ] Court of War& 486
82. Unless the Court otherwise direots, all moneys Regulation 1 received by, or on behalf of, the Court on aocount of :fz:ydd
f the property of any ward, shall be employed in meet- ing the ohmgee included in Qass I hereinafter speci- fied before i t is employed in meeting the charges in
Classes I1 and I11 hereinafter specified, and in meeting
, the oharges in Clase 11, before it is employed in meeting
those in ass 111. ..,..,g,
ch8 1. [l\l
Charges n m for the maintenance, residence, eduoation, marriage and indispensable religious observances of the ward and his family. Charges necessary for the management and supervi- sion of the property of the ward.
Charges on account of Government revenue and of all oesses and other public demands due in respeot of suoh property, or any part of such property.
Class II.
Charges on account of rent, ceases or demands due ti o any superior landholder in respect of any land held on behalf of the ward.
The liquidation of debts payable by the ward. Expenses necessary to protect the interests of the ward in the oivil courts or otherwise. The maintenance in effioient condition of the estates, buildings and other immovable property and the suitable upkeep of the M t u r e , equipage, live-stock and other movable property belonging to the ward.
Class III.
The payment of suoh ohargea for the religious obser- vances of the ward and hie family and of suoh religious, oharitable and other allowmoes, and of suoh donsbiona befitting the position of the ward's family, as the Courb may authorize to be paid:
13
4 36 Court of Ward8 \ [I902 : T.N. A d 1
The prcvention and relief of distress among the ward's tenantry.
The improvement of the land and property of the ward and the benefit of the ward and his property generally.
lurplus how 33. Any surplus which remains after providing, so , to be dealt far 85 the Court deems fit for the objects mentioned in with, section 32, shall be .applid in the purchase of other landed propcrty, or invostcd at interest on the security of-
(a) promissory notes, debentures, stock and other securities of tho l[Ccntral Government] ;
2 [ ( B ) bonds, dobenturcs and annuities charged by the Pwliaincnt of tho Unitcd Icingdom before the 15th day of August 1047, on thc revenues of India or of the Governor-Gcneral in Cou~lcil or of any Provinco ;I
(c) stock, or debentures of, or shares in, railways or other companies, the interest whereon has been guaranteed by the Secretary of State for India,in Council ; .
(d) debentures, or other securities for money, issued by, or on behalf of, any local authority under the authority of "any Central Act, any Provincial Act as defined in clause (46) of section 3 of the General Clauses Act, 1897, or '(any State Act)] ; -- . -- - .-
I These words wore substituted for the words "Government of .Ind~a" by tho Adaptation Order of 1937.
2 This clauso was substit~~tod by the Adaptation (Amendment) Order of 1950 for tho original clause as amended by the Adaptation Ordor of 1937.
3 Tho words, letters, figures and brackets " any Central Act,
any Proviticial Aot as defined in clause (40) of scotion 3 of tllu General Clauses Act, 1897, or any Aot of tho Legislature of a Part A State or a Part C S tah" wero substituted for the words "any Act of a Legislature, established in British India " by the Adaq; !tation (Amendment) Order of 1950 and tho wofds " any State Act were substituted for the words and letters " any Act of the Legie. eture of a Part A State or a Part C State " by seotion 4 of, end
the ~ h i r d Schedule to, the Tamil Nadu Repealing and A-dicg
Aet, 1967 (TamilNadu Aot XXV o f 1957).
14
-. .--. .=
1902 : T.N. Act I] Court of Wards 4 87
(e) such other securities, stock, or shares guaran- teed by the l[Central Government] or the =[State
Government] as the Court shall deem fit ; or, ,
Cf) first mortgages of immovable property situab in SIIndia] provided thab the property is not a, lease- hold for a term of years and that the value of the property exceeds by one-third or if consisting of buildings, exceeds by one half, the mortgage-money.
4 [84. (I)]. A ward shall not be competent- Disabilities of wards.
(a) to transfer or create any charge on, or interes* ' in, any part of his property which is under the superin- tendence of the Court, or to enter into any contract or to make any acknowledgment involving him in pecuniary liability personally or in respect of such property ; but nothing in this clause or in section 23 shbll be deemed to affect the capacity of a ward to enter into a contract of marriage : provided that he shall not incur in connection therewith any pecu- niary liability, except such as, having regard to the personal law to which he is subjeat and to his rank
and circumstances, the Court may, in writing, declare to be reasonable;
-
1 These worde were substituted for the worda " Government of India " by the Adaptation Order of 1937.
a The worde '' Provinoial Q~vernment " were substituted for the words " Looal,.kvernment by the Adaptat5n Order of ,!937 and the word State " was substituted for Provincial by the Adaptation Order of 1960.
a The words and lettera " e Part A State or Part C State "
were substituted for the words " British India by the A$pta- tion (Amendment) Order of 1960, and the word " India was substituted for these words by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil Nadu Act XXV of 1967).
In so far as this Act applies to the added territories, this word
was substituted for the words, figures and letters "any part of India which, immediately before the 1st day of Np~ember 1968,
was oomprised in a Part A State or a Part C State by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) $xteneion of Laws (No. 2) Act. 1961 (Tamil Nadu Act 39 of 1981). 'Seotion 34 wae renumbered tlsl sub.section (1) of section 84
by seotion 2 of the Madras Court of Warda (Amendment) Act,
1.933 (Madree Act XVU of 1933).
I
15
Court of Ward8 [I902 : T.N. Act I
(b) i o grant valid receipts for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate ;
(c) to adopt or to give a written or verbal permis- sion to adopt, without the consent of the Court;
(d ) to dispose of his property by will without the oonsent of the Court :
Provided first, that the Court , shall not with- hold its oonsent under clause (c) or (d) if the adoption or testamentary disposition is not oontrary to the personal or special law applioable to the ward, and does not appear likely t o muse pecuniary embarrass- ment to the property, or to lower the influenoo or respectability of the family in publio estimation :
Provided, secondly,that the Court may confirm a will or an adoption made, or a permission to adopt given, without its previous consent:
Provided thirdly, that the provisions of clauses (c) and (d ) shall not apply to any proprietor in regard
to whose property a declaration has been made under seotion18.
l[(2) No claim under aection 68 of the Indian &ntrel
Contract Act, 1872, shall be enforceable against ~ c t xI '
the property of a ward which is under the superin- Of 18720
tendence of the Court ; but the Court rhay, in its diicretion, satisfy in whole or in part, any such olaim.]
Powers of Court as to 35. The Court may mortgage or sol1 the whole or
Property under any part of any property under its superintendence its superin- and may give leases or farms of the whole or any
tendence. part of such property for such terms as i t thinks fit, and may make remissions of rent or other dues, and may generally pans such orders and t16 such acts not inconsistent with the provisions of this or any
other Act for the time being in force as i t may judge to be for the advantage of the ward or for the benefit of the property
-7-
L This sub-seotion was added by seotion 2 of the ~ s d r a e OoPrJ of Wudv (Amendment) Act, 1933 (M&ee Act XVII ~f 1935.
16
; 1902 : T.N. Aet I ] Court of Wards 489 i 36. The Court may order such establidhments to be ~stablish- end employed and charges to be incurred as it shall consider GzfbUtiOn of
requisite for the oare and management of the persons chergee.
and properties under its superintendence, and generally for all the purposes of this A d , and may order that such charges shall be borne by and distributed amongst the said properties in such proportions as it deems fit.
CHAPTER V.
37. (1) On the publication of a notification under ~ ~ ~ ~ ; l ~ ~ ~ &
section 19, the District Collector therein specified to notify
may, a t any time with the previous sanction of the claime.
'[State Government] publish in the Gazette of the district or districts in which such property may be situate a notice in English and in the vernacular oalling upon all persons. having pecuniary olaima, whether immediately enforceable or not against the ward or his property to notify the same in writing to the Collector within six months from the date of such notification.
(2) The notice shall also be published a t such - places and in such other manner as the court may, by general or special order, direct and shall be sent
by registered post to every person who is known
to the Collector as having a pecuniary claim against
the
Collector is credibly informed.
(3) The l[State Government] may at any stage of the proceedings under sections 37, 38 and 40 invest any person either by name or in virtue of his office with the powers of e Collector for any or all of the purposes of these sections.
1 The wo$a " Provincial Govepnent " were substituted for
the words Looal ,Fvenunent by the Adepte;qion Order :$
1937 and the word State " was substituted for Provincial by the Adaptation Order of 1950.
17
,490 'Court of Wards. [I902 : T.N.. Act.1 Ezpla.nation.-A claim shall be deemed to be pecuniary for the purpose of this section and sections
. . 38 and 41 notwithstanding that a suit for its enforce- ment or a reference of such claim to arbitration is pending or that a decree or award has been passed establishing the same.
Cleimanta to 38. (1) Every such claimant shall within the period
furnieh full and prescribed by section 37, notify to the Collector in
doournente. writing his claim with full particulars thereof :
Provided that any claim presented after the expiration of such period and within a, further period of six months may be admitted if the claimant satisfies the Collector that he had sufficient cause for not notifying the claim a t an earlier date.
(2) Every document (including entries in books of account) in the possession of or under the control of the claimant on which he founds his claim, shall be pro- duced before the Collector with the statement of claim or within such time after the preferring of the claim as may be allowed by the Collector in that behalf :
Provided that if the claim relates to an amount secured by a decree or award, it shall be sufficient for the claimant to produce before the Collector a certified copy of the decree and a certificate fro111 the Court which passed or is executing the same declaring the amount recoverable thereunder or a true copy of the award and a statement of the sum recoverable thereunder as the case may be ; and if the claim is
pending adjudicstio~ in any court or has been referred .to arbitration, i t shall be sufficient for the claimant to produce a certified copy of the plaint or a true copy of the reference to arbitration as the case may be.
I
(3) I t shall be lawful for the Collector to require the production by any claimant of such of tho docu- ments in his possession or power relating to his alaim .other than the docume~ts, if any, produced under sub-seation (2) as the Colleqtor may oonsider.ne9ess~r~1.
18
:
I
1 1902: EN. Act I] Court of Way& 891
(4) Unless the Collector shall otherwise direct,- every document produced under this section shall be accompanied by a true copy thereof. The Collector shall mark the original document for t h e ' purpose of identification and, after examining and comparing the copy with it, shall retain the copy and return the original to the claimant. . .
39. Nothing contained in sections 37 and 38 shall ~ ~ ~ l ' P t h e j apply'to- any peciiniary claim of I[the Government] Government, . or any local authority, or to claims for maintenance etc.~ not
or for wages or salaries due to servants. affected.
40. The Collector shall after making such inquiry ~laiills
as he may deem fit, decide which claims notified or ;P;fE,",d. and
admitted under sectidn 38 are to be allowed in whole or in part, and which are to be disallowed, and, on his decision being confirmed by the Court, shall give written notice of the same to the claimants :
Provided that nothing herein contained shall be construed as precluding any claimant from continuing or instituting proceedings in any civil court in respeot of any claim whether such claim be allowed or dis- allowed by the Court in whole or in part.
41. Every pecuniary claim against the ward or Claims not notified cease
his property which has not been duly notified to, or to carry
admitted by, the Collector under section 38 shall interest, eto.
notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the expiration of the period prescribed by section 37, and shall not be paid until after the discharge or sattisfac- tion of the claims notified or admitted under section 38.
42. NO document in the possession or under the In admissibility
oontrol of the claimant which should have been, but ~ ~ ~ " , " ~ ~ ~ t 8
has not been, produced in accorda,nce with the require* not produced.
ments of section 35 shall be admiiible in evidence 'against the ward or his representative in any suit
1 The words,," the Crown " were substituted for the word
" Government by the Adaptation 'Pder of, ,1937 end the word
'' Government " was substituted for Crown by the Adaptation Order of 1950. . . , . . . \
19
Court of War& , [I902 .: T.N. Act I
brought by or against the daimant, or any person olaiming under him unless it be proved to the satis- faotion of the civil court that it was not within his
power to produoe suoh dooument before the Colleotor
43. (1) When any property of a ward is in the ye possession of a mortgagee, or any person alsiming gegee pmerweeion under a mortgagee, the '[State Government] may,
may be on being satisfied that it is expedient in the publio
di8poseessed. interest that the estate should be preserved and that suoh inoumbrancter should deliver up possession of the mortgaged property, make a deolaration to that effeot, and direct the Court to take possession thereof ; the Court shall, thereupon by an order in writing, require suoh inoumbranoer to deliver up possession of the same to the manager at the end of the then ourrent revenue year.
(2) If suoh inoumbranoer refuses or negleots to obey suoh order, the Colleotor may, without re- sorting to a oivil oourt, enter upon the property, and summarily eviot therefrom the said inoumbranoer and any other person obstruoting or resisting on his behalf.
(3) The dispossession of the inoumbranoer under sub-sectiom (1) and (2) shall not deprive him of any summary powers whioh he would h v e had under the Madras Rent Recovery Aot, 1865,' for the recovery 2py~n
of arrears of rent due to him at the date of his ,f 1865.
dispossession.
(4) If in the instrument of mortgage under whioh the inoumbranoer iu in possession of the property, no rate of interest is specified, the Collector shall, in cases where the mortgage debt has been notified to or admitted by him, offer to the inoumbrancer the rate of interest whioh appears to him to be reason- able ; and pass an order fixing the rate aooordingly . ---
1 The words " Provinoial CSovemxwnt " were substituted for the words "Lod Q o v ~ f t t " by the Adaptation Order of 1
1957 \ and the word " Stete waa eubetituted for ''Provinci~ by the Adaptation Order of 1960.
& b p a d d by Tenail Nedu Bat I of lW8.
20
1902 : T.N. Act I] Court of Wards i
Copy of the b; order shall be served upon the inoumbranoer '-ni the manner presaribed by the Code of Civil Prooedure l for semi- of summons
t x ~ v upon a defendant. If the inoumbranoer be dissatisfied
1882. with the rate of interest so k e d , he may, within three months from the date of servioe upon him of suoh order, institute a suit against the ward in a i distriot court within whose jurisdiction the property j mortgaged or any portion thereof is situate, and the said oourt shall, if the mortgage debt has been notified k or admitted as aforesaid, pass a deolaratory dearee
fixing suoh rate of interest as to it may seem reasonable.
If no such suit be instituted within the said period,
the inaunbranoer shell be deemed to have agreed
to the rate fixed by the Colleoiar.
(6) If an inoumbranoer is dispossessed under this seotion, the money due to him under the instrument of mortgage a t the date of suoh disposse8sion together with subsequent interest on the unliquidated prinoipal of the mortgage debt at the rate stipulated in the said instrument, and in the absenoe of suoh stipulation at the rate determined as hereinbefore provided, shall, subjed to the provisions of seation 41, and subjeot to the ohmges speoified in olasses I and II
in seotion 32, exoepting the liquidation of debts payable by the ward, and the provisions with referenoe to the upkeep of the furniture, equipage, live-stook and other movable property belonging to the ward, be recoverable together with any money whioh he may be legally entitled to add to the prinoipal money, on the security of the property mortgaged and of the rents and profits arising or acoruing therefrom subsequent to the date of suoh dispossession, in the same manner as if he were a simple mortgagee under the said instrument of suoh property and of suoh rents and profits.
(6) The Colleotor shall, as soon as oonveniently may be, after the expiration of the revenue year oommenoing with the date of suoh dispossession and of every auooessive revenue year deolare, subjeot to
the approval of the Court, the gross annual rents -
1 See now the Code of Civil -dm, 1908 (Central Aot V of 1908). -'
21
-.
Cburt of Wards [I902 :. T.N. Act 1 and profits realized from such property, the several heads of expenditure and the balance and suoh declaration shall bo oonclusive' evidence of tho statement therein contained. A oopy of such declaration shall be furnished to the dispossessed incumbrancer free of charge.
Provision 44. (1) When any proporty of a ward is in the
lcaeox possession of any person claiming to hold under a
for ineuffloient lease granted by the ward and dated wit.hin the three
consideration. years immediately preceding the commcnooment of the superintendonce or of any person claiming under such lessee, the Collector may inquire into the sufficiency of the consideration for which the lease was granted ; and if such consideration appears to him inadequate, he may, with the previous sanction of the Court, give notice in writing that the losse shall determine at the end of the then cilrrcnt rovonue year unless the lessee or any one claiming under him pays or agrees to pay such additional consideration as may be mentioned in such notice within a date therein fixed. If within such date such person does not pay or enter into an agreement to pay the additional oonsideration demanded, or suoh other consideration as the Collector may be willing to accept, the lease shall determine at the end of the then current revenue year:
. Provided that such person may, if dissatisfied ,with the said notice of the Colleotor, institute a suit against the ward within three months from the date of service of suoh notioe in a district court within whose jurisdiction the property comprised in the lease or any portion thereof is situate for determining whether the consideration for the lease was adequate, and if not, whether the additional consideration demanded by the Collector or what other amount is reasonable.
(2) If the said district oourt be satisfied that^ the lease was granted for adequate consideration and
ib is not shown to be otherwise invalid, it shall pass a
dearee establishing the validity of the lease.
22
9.N. !Act I1 '0ourt of Wards 493 '
(3) If the district court holds the consideration for the lease to be inadequate, it shall determine the amount of additional consideration to be paid by the lessee.
(4) If no such suit be instituted or if on the institution of such suit the lessee does not within one month from the date of the decree therein pay9
or entor into an agreement to pay the additional consideration, .determined by the district court, the Collector may without resorting to a civil court enter upon the property and summarily evict therefrom such person and any other person obstructing or resisting on his behalf.
45. (1) In the case of any specified ward of th: ~~~~~0
Court, the '[State Government] may 2[* * * * tramfernd to
* * * * * *] declare by notification in the Coll~tor i r k
Official Gazette that execution of decrees passed by c-in cas:81.
civil courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contraot speoifiaally affecting any ' such immovable property order the sale of the same, whether such decrees be pasged prior to such notification or subsequent thereto, shall be transferred to the Colleotor 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, . suoh portion alone shall be transmitted to the Collector for execution.
(2) The l[State Government] may also notwithstanding anything contained in the Code of Civil Procedures prescribe rules for the transmission --
1 The words " Provincial Government " were substituted for the worda "Local Government" by the Adaptation Ordef; of 1937 and the word "State " was substituted for "Provincial by the Adaptation Order of 1980.
'The words "with the previous sanction of the Governor- General in Council" were omitted by the Devolution Aat, 1920 (Central Act XXXVIII of 1920) First Schedule-Part iii. a See no^ Central Act V of 1908.
23
Oourt of .Wards 11902: T.N. Act 1
of the deoree from the oivil oourt to the Colleotor, and for regulating the prooedure of the Colleotor in executing the same, and for retransmitting the deoree from the Colleotor to the oivil oourt.
(3) Rules under this seotion may oonfer upon the Colleotor or any gazetted subordinate of the Colleotor all or any of the powers whioh a oivil oourt might, exeroise in the exeoution of the deoree if the exemtion thereof had not been transferred to the Colleotor, including the powers of the oivil oourt under seotions 294 and 312 of the Code of Civil Pro- Central
oedurel and may provide for orders passed by the A C ~ ~ X I V
Colleotor or any gazetted subordinate of the Colleotor of 1882. or orders passed on appeal with respect to such orders, being subjeot to appeal to and irevision by superior revenue authorities as nearly as may be as the orders passed by the oivil oourt, or orders passed on appeal with respeot to suoh:orders, would be subjeot to appeal to and revision by appellate or revisional oivil oourts under the Code of Civil Pmoedurel or other law for EgV
the time being in force if the deoree had not been JF 1882. transferred to the Collector.
(4) A power oonferred by the rules upon the Colleotor, or any gazetted subordinate of the Colleotor, or upon any appellate or revisional authority, shall not be exeroisable by the oivil oourt whioh passed the transferred deoree or by any oivil oourt in exeroise' of any appellate or revisional jurisdiotion which it has with respeot to deorees or orders of the aforesaid oivil oourt.
(6) In exeouting a deoree transferred to the
Collwtor fa
Colleotor under this seotion the Collecttor shall be
whomexecution deemed to be aoting judioially within the meaning of decree has of the Judioial Offioers' Prohtion Act, 1860. Uentrsl .
been tranrdemd &t X V ~ to aeeee to dia- 46. (1) When the Colleotor, to whom the exemtion of ISM). &y&m oih:of any decree has been t r d m e d under seotion 46,
ooue0tor -is also the Colleotor who has to disoharge the other i the Act.
1 See now Centrd Act V of 1908. I
a The worde " Provinoial aove,-t " were substituted for
the words " L o d Ctoveyent by the Ada tetion Order d 1031 and the word i' State was subetituted Zr 4iProvinW
. by the Adeptetion Order of 1960.
24
-- -- --
1902 : T.N. Act I] Court of Wards 4ti7
functions of a Collector under this Aot in respect of the ward against whom suoh decree has to be exeouted, the '[State Government] shall appoint some other t person by name or in virtue of his office to exercise the functions of a Collector under this Act in respeot of such ward other than the execution of the decreer
transferred to him.
(2) The Bo rd of Revenue may authorize the person so appointed to exercise 211 or any of the yo:vers conferred on a xevcnue-officer in charge of a
drar , ,, tlivision by sub-sec tion (2) of section 16 of the Madras
94. Proprietsry Eatc tes' Village Eervice Act, 1894.
47. The provisions of sections 321,322, 322A,322B, cem, pro. bntrsl ='LC, 322D, 323, 324, 324-A, 325,3258, 325C of the vieiens of Civil
Procedure Code Of Code of Civil Procedure8, shr 11 subject to the provi- to be applicsblo 182. sions of this Act and to such rules as may be prescribed to execution
by the '[State Governnient] under section 45, be appli- decreer truu- ferred $0 cab!e as far as mny be to the execution of decrees a ollector.
trrtnsfe~red under section 45.
CHAPTER VI.
48. No declaration made by the [State Govern- E=eroire of dircrrtion not
ment] under section 16 or 18 and no act done in the ,, bb queltionbd
exercise of any discretionary power conferred by in civil court.
this Act shall be questioned in any civil court.
49. (1) No suit relating to the person or property Suit n3t to be instituted until
of any ward shall be instituted in my civil court until arbr n9tice to
the expiration of two months after notice in writing aolreator.
has been delivered to or left st the ofice of the Distrioij
Collector specified in the notification under seotion 19 or the Colleotor appointed under section 46, as the case may be.
.-. -
1 The wordn " Provincial Government " were rubstitutsd for the worde "Leal G o v y e n t " by the Adaptation Order,pf 1017 and the word " 8tate was substituted for "Provincid by the Adaptation Order of 1960.
ISee now Central Aot V of 1908
1 26-1 9--3 2
25
4 08 Cozwt of Faras [I902 : T.N. Act
(2) Such notice shall state the nqme and place of abode of the intending plaintiff, the cause of action and the relief which he claims ; and the plaint shall contain a statement that such notice has been so delivered or left:
Provided that notice under this section shall not be required in the case of any suit the period of Pilnitation for which will expire within three montb from the date of the notification umder section 19.
Suit Or Pro- l[50. In all suits or proceedings in any civil or ceeding by or agains P\ard. revenue court the ward shall sue and be sued in his own name and tho manugor of his proporty appointed
under section 24 or, if there is no such manager, the
officer competent to act as manager under section 25
shall represent-him, as next friend or guardian ad litem as the w e may be.]
costs again6 t 51. If in any such suit or proceedmgs any oivil Collector Or or revenue court shall decree any costs against the . manager how ., j
r~n id . * * manager S[or other officer compe- 1 tent to act as mtbnager under section 261 the Court
of Wards shall cause costs to be paid out of any property of the ward, which, for the time being,may
be in its hands. i
1
311its m n ~ t bo 52. No suit shall be brought on behalf of m y
"lthorized by ward by the * * * manager 8 [or other ( J o ~ ~ r t .
officer clompetent to act as mmager under section
251 unless authorized by some particular or general ordor of the Court :
Provided that a manager [or other officer as aforesaid]5.. . . . . . . . . . . . . . .may file a plaint in order to prevent a suit from being barred by the law --
I This section was substituted for the original s.60 by Mad. Act 1 of 1911, 8.2.
2The words "Collector or " were omitted by ibid, s.3. Inserted by ibid.
Inserted by ibid, s. 4.
6 The words "in the name of the Colleator or in hie oan nrna as the oaEe may be" were repealed by ibid.
26
1902 : T.N Act I]
oflimitstion, but such suit shall not be further proceeded with, until the consent of the Court has been obtained.
53. (1) When any question arises as between two or *djudication of
more wards of such a: - ture that anedjudicationupon oivil dispute8
i t by a civil court i i 2xpedient, it shall be lawful between mom wards. O'
for the Court of Wards, acting through the Collector of the district in which a case might have been stated
ccntml for the opinion of the civil court with regard to such
Art XIV of matter under section 627 of the Code of Civil Proce-
1882. dure, ' to file in the oivil court having jurisdiction, a statement containing the point or points for determi- nation.
(2) When such statement has been filed, the oivil courb shall appoint a guardian ad Eitem for eaoh ward having a separate interest, and such guardian shall thereupon conduct the case subject to the general oontrol of the Court of Wards.
(3) The civil court may, if i t thinks fit, amend the case so stated, and shall then proceed to hear and dispose of the case in the manner provided in
C ntral A;t XLV of Ckipter XXXVIII of the Code of Civil Procedure 1882. for the hearing and disposal of cases stated for opinion under that Chapter.
CHAPTER VII.
Release from
54. The Court*may, with the previous sanction of the ,pelintend. 2[ State Government] in all cases where superinten- enco.
dence has been assumed in pursuance of ordors under section 16, a t any time release from its superinten-
L - - - - -- -- - .-
1 S e e now Central Act V of 1908. 2The wor& "Provincial Government" wero subetituted for the words '* Local Government " by the Adaptation Order of 1937 and the word " State " -was substituted for "Provinoial " by the Adaptation Order of 1060.
27
600 Court of 'Wards [I902 : T.N. Act 1
dence the person or property of a ward or both and shall save as provided in seehion 87 release from superin- tendence-
(a) the person and property of a ward disqualified under clause (a) of section 9 --,-?on as he ceases to ' be a minor ;
(b) the person and property of a ward disqualified under clause (c) of section 0 as soon aa it is found by a competent civil court that the disability has ceased ;
(c) the person and property of a proprietor declared to be disqualified under clause (b ) or (a) of section 9 as soon as the l[State Government] revokes its decla- ration that such proprietor is disqualified ;
a [(d) the property of an undivided Hindu family
or A Marun~ald
emry co-prmler in such family or member of such
t&, as the case may be, who is not possessed of separate estate, as soon as any co-parcener or member oeases to be disqualified under section 9.1 Ralease of
estates taken
55. (1) The Court may, with the previous sanction
under of the [State Government], a t any time within two
ment under years from the date of the notification published
*ction 18 when under section 19, release Gom its superintendence,
clehts annot be liquidated on day to be notifie48 the property of a person who
rithin has been made a ward of the Court in pursuanae
"asonable tim- of an order under section 18 without liquidating m y of his debts and liabilities or &r liquidating some of the debts and liabilities, when, the Court is satisfied that it is impracticable to liquidate within a reasonable time all the debts and liabilities or such of them as have not been liquidated and in either case the legal incapsoity of such ward shall sew on the date so notified.
1 The words '6Pr~vincid Government" were substitutad for the words " L o ~ s l Government " by the Adeptstion Order of 1937 and the word " Stste " -was substituted for " Provincid " by the Adaptation Order of 1960.
2 Thb o l a w ww substituted for the 0r i r .1 olaum (d) by section 4 of, nnd the 8eoond Sobedule to, t e Tamil Nedu (Tr- farred Territory) Externion of Lawa Aot, 1960 (Tamil Nsdu Aot 13 of 1960).
28
1902 : T.N. Act I] Court of Warde 601
(2) Whenever an inoumbrancer is diaposaessed under motion 43, and his debt remains unliquidated at the time the Court relews from its superintendenoe the property of suoh ward under sub-section (I), the Collector shall replace the incumbranoer in posses-
sion.
(3) Whenever the property of a person is released under sub-aection (1) from the superintendence of the Court, the provisions of aectiona 41 and 42 shall not apply to any of the debts and liabilities of the
ward remaining unliquidated at the time when hia
property is so released.
(4) In oomputing the period! of limitation appli- oable bo a suit brought or applioation made againa6 suoh person or his legal representative after the Court
has r e 1 4 his property under sub-seotion (1) $he
time during whioh the superintendence of the Comb
continued shall be excluded.
58. The Court m y , with the previous wnotion z~,"
of the l[State Government], replaoe any proprietor ,,aer
made a ward of the Court in pursuanoe of an order ment under
under motion 18, in the management of his estate ~$2::~:::
on 8 day to be notified if the debts and liabilities propricbr.
binding on his estate have been disoharged, and the Court is satisfied bha t he will thereafter be oompeht to take charge of his estate and administer hie own
affairs find hie legal incapacity shall cease on suoh date.
Option C.
57. When a ward dies or ceases to be disqualified retain superip-
before the debts and liabilities binding on his estate tendenco ~n
have been disoharged, the Court may, with the previous
certeh cares.
sanction .,f the 1 [State Government], retain the property under its superintendence until the debts and liabilities are discharged or for my shorter period,
ancl when for the purpose of discharging suoh debts and liabilities tho Court has raised monej. on condition that it should retain the superintendence of the property until the money so raised is repaid, the Court shall -
1 The words I s Provincial Gqyernment " were substituted for the words Local Government by the Adaptation Order of 1937 and the wordUState " was substituted for " Provinoid" by the Adaptation Order of 1960.
29
602 Court of Wurds . [1902: T. N. Act I
not without the coilsent of tlie lender or his represell- tatives withdrew from superiiltendeilce until the money so raised has been repaid:
Provided that, after the death of the ward the Court shall not retain chargo on account of any debt or liability which has been declared by a civil court not to be binding on the representatives of the deceased ward.
Disabilities of pro,,riotor in 58. If the Court retains the superintendence under
suoh oases. the provisions of the last preceding section, the person who has succeeded to theproperty, or the person who has ceased to be disqualified shall in so far as the property in question is concerned be deemed to be s
ward of the Court for the purposes of cleuses (a) and (b)
of '[sub-section (1) and sub-section (2) of section 341. Appointmelit 59. (1) When the Court decides to release from its of guardian befor? r,.leaso, euperintendence the person and property of a minor it may, before such release, by cln order in writing, appoint any person to be the guardian of the
person or property or both of such minor.
(2) Such appointments shall take effect from the
date of such release.
(3) In appointing a guardian under this section, the CIciurt shall be guided by the provisions of section 17 of the Guardians a-lld Wards Act, 1890. . I S
4
(4) Every such guardian shall have and be subject Central Ac
to the same rights, duties and liabilities as if he had 'Ir1 Of 18!
' been appointed under the Guardians and Wards Act, :
1800. j!
Recovery of 60. Any expense incurred by the Court on account of
'*PemM any property under its charge, and not defrayed from release.
such property during the Court's superintendence may, after the release of such property, be recovered as if it were an arrear of land-revenue from any person into whose possession such property or any part thereof
may have passed: -
1 The portion within squar: braokets was substituted for the word ctnd figures "section 34 by seotion 3 of the Madras Court of Wards (Amendment) Aot, 1933 (Madras Aot XVII or 1933).
30
C:ntral Act XX 1902 : T.N. Act I] Court of War& 603
Provided that the sum so recovered from any such person shall not be greater than the value of any such property, wliioh so passed into the possession of such . person.
61. Whenever, on the death of any ward, the succes- Ploreclure \&en
sion to his property or any part thereof is disputed, the ~ ~ ~ ; ~ ~ ~ , r t ;
Court may either direct that such property, or part i? disputed.
thereof, be made over to any person claiming the property, or may retain the superintendence of the property until a ola' has established his title to the gig 1 same in a cornpet! k ivi court, or institute a suit of inter-pleader against all the claimants.
62. Whenever the Court releases any person or ~ ~ ~ $ ; a t i O n f r o ~
property from its superintendence, the faof of such super.intcn.
release shall be notified in the '[Official Gazette] and dence.
also in the Gazette of the district in which such property or any part thereof is situate.
CHAPTER VIIT
63. If a ward is the .hereditary trustee or manager l?6wsra of court
of a temple, mosque or other religious es tsblishment or ~ ; i g f ~ ~ ~ ~ " , d o ~
endowment, the Court, notwithstanding anything ,,,tS of which
oontained iu section 22 of the Religious Endowmante ward is heredi-
Act, 1863, may make such ~,rrangements t s i t thinksdry trustee or manegar.
fit for the discharge, during the wardship of the ward's duties as trustee or manager, provided that for the direct and personal management of the religious affairs of any such institution, establishment or endowment the Court shall appoint suitable persons other than 2[servants of the Government] and that the Court shall as far as possible restrict its superintendence to the preser~ation of the property belonging to the institu- tion, establishment or endowmsn t.
----..I- 1These words were substituted for the words "Fort S:. George
31
604 Court 9f Wclzls [1902: T.N. Act I
Pow,r8 - 64. In holding any inquiry under this Act the - 0 8 h018S ColJector or other perBon authorized to hold such
~~u~IJ'&H. inquiry shall ham all the powers conferred on revenue
officers by the lflamil Nadu] Revenue Summonses Act, '[Tamil
1869. Nedu] Ba of 180 PrOp*r under 05. NO immova&:s property under the auperinten- charge of Court not liable to dence of the Court s h l l be liable to sale on account of for arrears. arrears of land-revenue, accruing while such estate is
under the superintendence of the Court:
Provided that all such arrears of revenue shall be
the first charge upon the sale proceeds of any such pro-
perty which may be sold for any other cause than for
arrears of revenue.
Power to make 66. The Court may, with Ohe previous sanction of the
rlller ' [State Government], m a k f ~ ~ u l e s consistent with this
Am--.
(a) regulating the management of property under the superintendence of the Court; and
(b ) generally for the guidance of all persons in all under this Act and for carrying out the provisions of this Act.
Application of [06-A. The powers and functions conferred on the ~ o t to estates of State Government by or under this Ac6 shall, in relation
of Indian the estates of Rulers of Indian States, be powers and Itator. functions of the Central Government.]
CHAPTER IX.
) ~ b ~ ~ ~ i ~ ~ un. 67. Whoever, without the previous consent of the mnot.ioned Court, abets the marriage of any of the persons specified msrrlage in clauses (a), (b ) and (c) of section 23 shall be liable, wards, eta.
on conviction before a Court of Session, to a fine not exceeding Rs. 2,000 or to imprisonment for a term not
exceeding six months or to both.
1 Them words were substituted for the word 6'MexZree" by the
T d Nedu Adaptation of Laws Order, 1969, es amended by the
T d Nadu Adaptetion of Laws (Second Amendment) Order, 1969,
whioh oeme into force on the 14th January 1969. 4
The words 61Provinoial Government" were substituted for the 1
words "Looel Government" by the Adaptation Order of 1937 m d the word "t3tateW was substituted for "Provinoiel" by the Adapts.
tion Order of 1950. a This seotion waa inserted by the Adaptation (Ammbent)
Order of 1950.
32