Minors Act, 1858 [Repealed]
(Received the assent of the Governor General on the 11th of December 1858.)
PREAMBLE
Whereas is expedient to make better provision for the care of the persons and property of Minors not brought under the superintendence of the Court of Wards; It is enacted as follows:
Section 1. Regulations repealed
Regulation I. 1800, Clause 8 and the six following Clauses of Section XXIX Regulation VIII. 1505, Section V Regulation XVII. 1805, and so much of Section II and III Regulation V. 1799, and of Clauses 2 and 3 Section XVI Regulation III. 1803, as restrict the interference of the Civil Courts in cases of inheritance by Minors, are repealed.
Section 2. Persons and property of Minors not under the protection of the Court of Wards shall be subject to jurisdiction of Civil Court
Except in the case of proprietors of estates paying Revenue to Government who have been or shall be taken under the protection of the Court of Wards, the care of the persons of all Minors (not being European British subjects) and the charge of their property shall be subject to the jurisdiction of the Civil Court.
Section 3. What persons claiming to have charge of property in trust for a Minor may apply for Certificate of administration
Every person who shall claim a right to have charge of property in trust for a Minor under a Will or Deed, or by reason of nearness of kin, or otherwise, may apply to the Civil Court for a Certificate of administration;
No person to institute or defend a suit without such Certificate. and no person shall be entitled to institute or defend any suit connected with the estate of which he claims the charge until he shall have obtained such Certificate.
Proviso. Provided that, when the property is of small value, or for any other sufficient reason, any Court having jurisdiction may allow any relative of a Minor to institute or defend a suit on his behalf, although a Certificate of administration has not been granted to such relative.
Section 4. Who may apply to Court to appoint a person to take charge of the property & c. of a Minor
Any relative or friend of a Minor in respect of whose property such Certificate has not been granted, or, if the property consist in whole or in part of land or any interest in land, the Collector of the District may apply to the Civil Court to appoint a fit person to take charge of the property and person of such Minor.
Section 5. To what Court application to be made, if property be situate in more than one District
If the property be situate in more than one District, any such application as aforesaid shall be made to the Civil Court of the District in which the Minor has his residence.
Section 6. Summary enquiry to be made by Court on application
When application shall have been made to the Civil Court either by a person claiming a right to have charge of the property of a Minor, or by any relative or friend of a Minor, or by the Collector, the Court shall enquire summarily into the circumstances and pass orders in the case.
Proviso. Provided always that it shall be competent to the Civil Court to direct any Court subordinate to it to make such enquiry and report the result.
Section 7. Certificate of administration to whom to be granted
If it shall appear that any person claiming a right to have charge of the property of a Minor is entitled to such right by ??? of a Will or Deed, and is willing to undertake the trust, the Court shall grant a Certificate of administration to such person. If there is no person so entitled, or if such person is unwilling to undertake the trust, and there is any near relative of the Minor who is willing and fit to be ??? with the charge of his property, the Court may grant a Certificate to such relative.
Court may appoint person having such Certificate, Guardian of the Minor's person. The Court may also if it think fit (unless a Guardian have been appointed by the father), appoint such person as aforesaid or such relative or any other relative or friend of the Minor, to be Guardian of the person of the Minor.
Section 8. Court may call upon Collector or Magistrate for a report on the character and qualification of relative or friend
The Court may call upon the Collector or Magistrate for a report on the character and qualification of any relative or friend of the Minor who may be desirous or willing to be entrusted with the charge of his property or person.
Section 9. Proceeding if no title to a Certificate be established, and if here be no relative fit to be entrusted with the property, & c. of a Minor
If no title to a Certificate be established to the satisfaction of the Court by a person claiming under a Will or Deed, and if there be no near relative willing and fit to be entrusted with the charge of the property of the property of the Minor, and the Court shall think it to be necessary for the interest of the Minor that provision should be made by the Court for the charge of his property and person, the Court may proceed to make such provision in the manner hereinafter provided.
Section 10. If estate consist only of moveable property, & c., Court may grant Certificate to Public Curator or other person
If the estate of he Minor consist of moveable property or of houses, gardens, or the like, the Court may grant a Certificate to the Public Curator appointed under Section XIX Act XIX of 1841 (for the protection of moveable and immoveable property against wrongful possession in certain cases), or, it there be no Public Curator, to any fit person whom the Court may appoint for the purpose.
Section 11. Appointment of Guardian
Whenever the Court shall grant a Certificate of administration to the estate of a Minor to the Public Curator or other person as aforesaid, it shall at the same time appoint a Guardian to take charge of the person and maintenance of the Minor. The person to whom a Certificate of administration has been granted, unless he be the public Curator, may be appointed Guardian.
Guardian's allowance. If the person appointed to be Guardian be unwilling to discharge the trust gratuitously, the Court may assign him such allowance, to be paid out of the estate of the Minor, as under the circumstances of the case it may think suitable.
Minor's allowance. The Court may also fix such allowance as it may think proper for the maintenance of the Guardian (if any) shall be paid to the Guardian by the Public Curator other person as aforesaid.
Section 12. When the estate consist of land, Court may direct Collector to take charge of estate. Appointment of Manager and Guardian thereupon
If the estate of the Minor consist, in whole or in part, of land or any interest in land, the Court may direct the Collector to make charge of the estate, and thereupon the Collector shall appoint a Manager of the property of the Minor and a Guardian of his person, in the same manner and subject to the same rules in respect of such appointment and of the duties to be performed by the Manager and the Guardian respectively, so far as the same may be applicable, as if the property and person of the Minor were subject to the jurisdiction of the Court of Wards.
Section 13. Costs of enquiries under this Act
In all enquiries held by the Civil Court under this Act, the Court may make such order as to the payment of costs by the person on whose application the enquiry was made, or out of the estate of the Minor or otherwise as it may think proper.
Section 14. When an estate, some of the co-proprietors of which are still Minors, ceases to be subject to the Court or Wards, Civil Court may direct Collector to retain charge of shares and persons of Minors
Whenever one or more of the proprietors of an estate, which has come under the jurisdiction of the Court of Wards on account of the disqualification of all the proprietors, cease to be subject to the jurisdiction of the Court of Wards, notwithstanding the continued ??? of one or more of the co-proprietors, the Collector of the District in which the estate is situate may represent the fact to the Civil Court; and the Court, unless it see sufficient reason to the contrary, shall direct to the Collector to retain charge of the person, and of the shares of the property of the still disqualified proprietors, during the continuance of their disqualification, or until such time as it shall be otherwise ordered by the Court. The Collector shall in such case appoint a Guardian for the care of the persons, and a Manager for the charge of the property of the disqualified proprietors, in the manager prescribed in Section XII.
Provision for case of estates situated in more than one District. If the property be situate in more than one District, the representation shall by the Collector who had the general management of the property under the Court of Wards, to the Civil Court of his own District, and the orders of the Court of that District shall have effect also in other Districts in which portions of the property may be situate.
Section 15. Proceedings of the Collector subject to control of the superior Revenue Authorities
The proceedings of the Collector in the charge of estates under this Act shall be subject to the control of the superior Revenue Authorities.
Section 16. Public Curator & c. to ??? and annual accounts
The Public Curator and every other Administrator to whom a Certificate shall have been granted under Section X shall, within six months from the date of the Certificate, deliver on Court an inventory of any immoveable property belonging to the Minor, and of all such sums of money, goods, effects, and things as he shall have received on account of the estate, together with a statement of all debts due by or to the same. And the Public Curator and every such other Administrator shall furnish annually, within three months from the close of the year of the era current in the District, an account of the property in his charge, exhibiting the amounts received and disbursed on account of the estate, and the balance in hand.
Proceeding if accuracy of inventory or account be impugned. If any relative or friend of a Minor or any Public Officer, by petition to the Court, shall impugn the accuracy of the said inventory and statement or of any annual account, the Court may summon the Curator or Administrator and enquire summarily into the matter, and make such order thereon as it shall think proper, or the Court at its discretion may refer such petition to any subordinate Court.
Section 17. Public ??? & c. to pay proceeds of estates into ??? Surplus funds to be invested in public Securities
All sums received by the Public Curator or such other Administrator on account of any estate, in excess of what may be required for the current expenses of the Minor or of the estate, shall be paid into the public Treasury on account of the estate, and may be invested from time to time in the public Securities.
Section 18. Powers of person to whom Certificate has been granted in the management of a Minor's estate
Every person to whom a certificate shall have been granted under the provision of this Act, may exercise the same powers in the management of the estate as might have been exercised by the proprietor if not a Minor, and may collect and pay all just claims, debts, and liabilities due to or by the estate of the Minor. But no such person shall have power to sell or mortgage any immoveable property, or to grant a lease thereof for any period exceeding five years, without an order of the Civil Court previously obtained.
Section 19. Relative or friend may sue for an account
It shall be lawful for any relative or friend of a Minor, at any time during the continuance of the minority, to sue for an account from any Manager appointed under this Act, or from any person to whom a Certificate shall have been granted under the provisions of this Act, or from any such Manager or person after his removal from office or trust, or from his personal representative in case of his death, in respect of any estate then or formerly under his care or management, or of any sums of money or other property received by him on account of such estate.
Section 20. Continuance of suit instituted under this Act after disqualification shall have ceased
If the disqualification of a person, for whose benefit a suit shall have been instituted under this Act, cease before the final decision thereof, it shall be lawful for such person to continue the prosecution of the suit on his own behalf.
Section 21. Revocation of Certificate
The Civil Court for any sufficient cause may recall any Certificate granted under this Act, and may direct the Collector to take charge of the estate, or may grant a Certificate to the Public Curator or any other person as the case may be; and may compel the person whose Certificate has been recalled to make over the property in his hands to his successor, and to account to such successor for all monies received and disbursed by him.
Removal of Guardian. The Court may also for any sufficient cause remove any Guardian appointed by the Court.
Section 22. Penalty for neglect or refusal to deliver accounts or property
The Civil Court may impose a fine not exceeding five hundred Rupees on any person who may wilfully neglect or refuse to deliver his accounts, or any property in his hands within the prescribed time, or a time fixed by the Courts; and may realize such fine by attachment and sale of his property under the rules in force for the execution of decrees of Court; and may also commit the recusant to close custody until he shall consent to deliver such accounts or property.
Section 23. Civil Court may permit resignation of trust & c
The Civil Court may permit any person to whom a Certificate shall have been granted under this Act not being the Public Curator, and any Guardian appointed by the Court, to resign his trust; and may give him a discharge therefrom on his accounting to his ??? appointed for all monies received and disbursed by him, and making over the property in his hands.
Section 24.
The Public Curator and every other Administrator to whom a Certificate shall have been granted under Section X. shall be entitled to receive such commission not exceeding five per centum on the sums received and disbursed by him, or such other allowance to be paid out of the Minor's estate as the Civil Court shall think fit.
Section 25. Guardian of Minors under this Act to provide for their education
Every Guardian appointed by the Civil Court, or by the Collector under this Act, who shall have charge of any male Minor, shall be bound to provide for his education in a suitable manner. The general superintendence and control of the education of all such Minors shall be vested in the Civil Court or in the Collector, as the case may be;
Act XXVI of 1854, declared applicable. and the provision of Act XXVI of 1854 (for making better provision for the education of male Minors subject to the superintendence of the Court of Wards) shall so far as is consistent with the provision herein contained, be applicable to the Civil Court, or to the Collector, as the case may be, in respect to such Minors, and to every such Guardian.
Section 26. Persons under the age of 18 years to be held Minors for the purposes of this Act
For the purpose of this Act, every person shall be held to be Minor, who has not attained the age of eighteen years.
Section 27. Act not to authorize the appointment of Guardians of certain married woman and other persons
Nothing in this Act shall authorize the appointment of a Guardian of the person of a whose husband is not a Minor, or the appointment of a Guardian of the person of any Minor whose father is living and is not a Minor; and nothing in this Act shall authorize the appointment of any person other than a female as the Guardian of the person of a female.
Guardianship during the ??? of the father or husband of a Minor when to cease. If a Guardian of the person of a Minor be appointed during the minority of the father or husband of the Minor, the Guardianship shall cease as soon as the father or husband (as the case may be) shall attain the age of majority.
Section 28. Appeals
All orders passed by the Civil Court or by any Subordinate Court under this Act, shall be open to appeal under the rules in force for appeals, in miscellaneous cases, from the orders of such Court and this Subordinate Courts.
Section 29. Construction of the Words Civil Court & c., Powers of Supreme Court not affected
The expression Civil Court as used in this Act shall be held to mean the principal Court of original jurisdiction in the District, and shall not include the Supreme Court; and nothing contained in this Act shall be held to affect the powers of the Supreme-Court over the person or property of any Minor subject to its jurisdiction.
Number. Unless the contrary appears from the context, words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number;
Gender. and words importing the masculine gender shall include females.