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THE KERALA COURT OF WARDS ACT, 1967
(Presidents Act No. 3 of 1967) Preamble.
Sections
CoNTENTs
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Act not to affect power of High Court over infants, idiots and lunatics.
3. Definitions.
CHAPTER II
The Court of Wards
4. Court ofWards.
5. Control of Government.
6. Power of court to regulate procedure.
7. Power of court how exercised.
CHAPTER III
Assumption of Superintendence of Persons and Property
8. Disqualification.
9. Immediate protection of disqualified heirs.
10. Recovery of expenditure.
11. Report by Collector.
12. Proprietor to be given opportunity to be heard and to adduce evidence.
13. Report by court.
14. Government may declare proprietor disqualified and direct court to assume superintendence.
15. Proprietor not to be declared disqualified under section 8 (c) unless on ground of public interest.
16. Provision to meet cases of undivided Hindu family, Maru-
. makkathayam tarwad, etc.
17. Application by proprietor himself.
18. Notification of assumption of superintendence.
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CHAPTER IV
Management and Guardianship
19. Collector to take charge of ward's p1·operty.
20. Powers of Collector.
21. Allowances for ward and family.
22. Custody, residence, education and marriage of ward or minor relatives.
23. Appointment, etc., of managers and guardiam.
24. Collector to act if there are no managers or guardians.
25. Who may and may not be guardians,
26. Duties of guardians,
27. Powers of manager.
28. Dutiesofmanager.
29. Employees of court deemed to be public servant,,
30. Manager and other servants to he deemed to be public accountants.
31. Regulation of expenditure.
32. Surplus how to be dealt with.
33. Disabilities of wards.
34. Powers of court as to property under its superintendence.
35. Establishments and distribution of charges.
CHAPTER V
Ascertainment and S!ettlement of Debts
36. Notice calling upon claimants to notify claim!,
37. Claimants to furnish full particulars and documents.
38. Pecumary claim of Government, etc , not affected.
39. Claims admitted and disallowed .
40. Claims not notified cease to carry interest, etc.
41. Inadmissibility in evidence of documente not produced.
42. When mortgagee in posseSSion may be dispossessed. 3/21-8
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CHAPTER VI
Suits
43. Protection of action taken in good faith.
44. Suit not to be instituted until after notice to Collector.
45. Suit or proceeding by or agamst ward.
46. Costs against manager how paid.
47. Suits must be authorised by court.
48. Adjudication of civil disputes between two or more wards.
CHAPTER VII
Release of Persons and Property from Superintendence
49. Release from superintendence.
50. Release of estate taken under management under section 17 when debts cannot be liquidated Within reasonable time.
51. When estate taken under management under section 17 may be made over to proprietor,
52. OptiOn to retain superintendence in certain cases.
53. Disabilities of proprietor in such cases.
54. Appointment of guardian before release.
55. Recovery of expenses after release.
56. Procedure when succession to ward's property is disputed.
57. Not tficatJon of release from superintendence. CHAPTER Vlll
Miscellaneous
58. Po\\er of cou1 t in regard to religious endowment of which Vvai d is hereditary trustee or manager.
59. Po~~ers of persons holdmg inqUiries.
60. Propcrtr under charge of court not liable to sale for arreq.rs.
61. Power to make rules.
CHAPTER IX
Penaltie,s
62. Abetting unsanctioned marr1age of wards, etc.
CHAPTER X
• Repeal
63. Repeal. ;
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THE KERALA COURT OF WARDS ACT, 196?*
(No. 3 of 1967) ENACTED BY THE PRESIDENT IN TilE. E!OIITP.t.NTH YEAR OF TilE REPUBLIC OP INDIA.
Atz Act to consoltdatt and amend tht law ttlnting to Court of Wards. In exercise of the powers conferred by section 3 of the Kerala State Leg1slature (Delegation of Powers) Act, 1965 (12 of 1965), the President IS pleased to enact as follows:-
CHAPTER I
Preliminary
I. ~hart tztle, extctll and commmcrmtlll.-( I) Thi~ Act may be called the Kcrala Court of Wards Act, 1967.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force Oil such date as the Government may, by notification in the Gazette, appoint.
2. Act not to affect power of 1/igh Court over infants, idiotl and lunatzcs.-Nothmg in this Act shall be construed to affect or in any way to derogate from any pO\\ cr possessed by the High Court of Kerala over the persons and estates of infants, idiots and lunatics.
3. Defznittons.-In this Act, unless the context othe1wise reqUires,-
( a) " Collector '' means the chief officer in charge of the revenue administration of a district and mcludes an acting or officiating Collector and also any officer appointed by the Government to exercise the functions of a Collector under this Act;
(b) " court " means the Court of Wards;
(c) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), has not attained majority;
(d) " proprietor" means a persons who owns or has a life· interest in land either solely or as a co-q}mrer ; -
(e) " ward" means a person who has been made a ward of the court under section 18.
• Publi~hcd m the Kerala Gazette Extraordinary No. 23, dated 14th February,
1967.
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CHAPTER II
The Court of Wards
4. Court of Wards.-The Board of Revenue shall be the Court of Wards for the entire State of Kerala and, for the purposes of this Act, Collectors shall be subject to the control of the court.
5. Cont1ol of Govemment.-The court shall be subject to the control of the Government and the Government may, 1f they think fit, revise, modify or reverse any order passed or proceedings taken under this Act, whether a petition is presented against such order or proce- edings or not.
6. Power of court to regulate proadure .-(I) Notwithstanding an)· thing contained m this Act, or m any other law for the time being in force, it shall be lawful for the Board o[ Revenue, subject to the approval of the Government, to declare what portion of the business of the court may be disposed of by a single member of the Board and what portion shall be reserved for the decision of the full Board. Every such declarauon shall, after approval by the Govet nment, be notified in the Gazette
(2) All orders made and decisions passed by one member of the Board or by the full Board in accordance with a declaration made under sub-sect ion (I) shall be held to be the orders and decisions of the court, and the same shall not be deemed to be invalid by reason that subsequent thereto the said declaration was disapproved by the Government. \Vhere there is a difference of opmion between the members of the Board sittmg as the court on any point, the decision of the majority shall prevail and, when there is no majority, the point in difference shall be referred to the Government whose decision thereon shall be deemed to be the decision of the court on the point.
(3) It shall 111 all cases be lawful for the officer appointed by the Government as Secretary to the court to s1gn on behalf of the court.
7. Power of court how exemsed.-The court may exercise all or any of the powers conferred on it by this Act throu~h the Collectors in whose districts any part of the property of the ward may be situated or through any c,ther person whom 1t may apppoint for the purpose ; and may confer any of 1ts powers on any such Collector or person and with· draw any powers so conferred.
CHAPTER III
Assumption of Superintendence of Persons and Property
8. Disqualzfication.-The following proprietors shall be deemed be disqualified for the management of their property:-
(a) minors ; '(
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(b) proprietors adjudged by a competent civil court to be of unsound mind and incapable of tranaging their property ;
(c) proprietots declared by the Government to be incapable of managing their property O\\ ing to any physical or mental defect or in- firmity rendering them unfit to manage their' pro petty.
9. Immedtate p1otection of dtsqualijud heus.-Whenever a Collector receives information that a proprietor of land situated in his district has died, and he has reason to believe that the heir of such proprietor is, or should be declared to be, disqualified under section 8,-
(a) he may take such steps and make such order as he thinks proper for the temporary custody nml protection of the property which he has reason to believe to belong to the heir;
(b) if the heir be a minor, he rna y direct that the person, if any, having custody of the minor, shall produce him or cause 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 protect10n of the minor as he thinks proper :
P10vided that female minors, who ought not to be compelled to appear in public, shall be proaucecl in accordance with the manners and customs applicable to them.
10. Recovery of e>.peuditwe.-All expemes incuned by a Collector, .p.. acting under section 9, shall, whether the property is afterwards taken und~r the supenntendence of the court or not, form a charge upon the property concerned, and shall be recoverable from the owner of such property, or the person whom the Collector shall find to he in possession of such property, as arrears of land revenue.
11. Report by Collec/or.-Whenever nuy Collector, after making such inquiry as he deems necessary, h,\s reason to believe that any proprietor m his district is, or should be declared to be, disqualified under section 8, he shall submit a report to the court setting forth all the circumstances of the case:
Provided that the said property is of such value that its economic management by the court is practicable:
Provided further that the court or the Government may call for a report on any case if in its or their opinion it is necessary to do so.
12. Proprietor to be given opportumty to be heard and to adduce eVtdmce.-(1) Before reportmg to the court under section 11 that a pro- prietor ought to be declared. to b~ disquahlied un.der clause (c) of section 8, the Collector shall giVe not1cc to such p10pnetor and afford him a reasonable opp:lrtunity to be heard anti to adduce evidence.
(2) All questions as to whether the provisions of this section have been complied with shall be dedded finally by the Government.
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13. Report by court.-The court shall consider the Collector's report and, except in the case of female proprietors, not being minors, whom it decides to have in cha1ge of their property, shall report the case to the Government w1th its recommendation and pending the receipt of orders, shall have power to take such steps, as it may deem neces&ary, for the protection of the person and property of the pro· prietor in question.
14. Government may declare proprzetor disqualzjud an f dzrect court to assume supermtendence.-The Government, on receipt of the court's re- commendation, may, in any case falling under clause (c) of section 8, declare the proprietor to be disqualified, and, in every case falling under section 8, may order the court to assume the superintendence of the person or property of the proprietor or of both.
15. Proprietor not to be declared dtSqualifted under sectzo11 8 (c) unless on ground of public mtmst.-The Government shall not declare any propnetor to be disquahfied under clause (c) of section 8, unless satisfied that it is expedient in the public interest that the property should be managed by the court, and a statement to that effect shall be inserted in the declaration made by the Government under section 14.
16. Provzszon to meet cases of undzuzd•d Hzndu. jamzly, A1arumakl..a- thayam tal wad, etc.-( I) The Government shall not, except under section 17, order the court to take the property of any undivided Hindu family, Marumakkathayam tarwad, Aliyasantana family or Nambudiri family under its superintendence, unless all the coparceners, members of the tarwad or members of the family, as the case may be, are, 01 are declared to be, disqualified under sectton 8.
(:?) When two or rome proprietors ate co-sharers, otherwise than as coparceners in an undtvided,Hindu family or as members of a Maru- makkathayam tarwad, Aliyasantana family or Nambudiri family, as the case may be, and one of such co-sharers is, or is declared to be, disqualified under section 8, the Government may order the court to mstltute a suit for partition on behalf of the disqualified proprietor and to take under its superintendence the property allotted to such pro- prietor in the partition.
17. Appllcatzon by propnelor hzmselj .-(I) A proprietor may apply to the Government to have his property placed under the superinten- dence of the court, and the Go\·ernment may, on being satisfied that it is expedient in the public interest that such property should be managed by the court, and that the said property is of such valul' that its economic management by the court is practicable, make a declaration to that effect and order the court to assume the supenntendence of such property.
(2) In the case of any undivirled Hindu famtly, Marumakkatha- yam tarwad, Aliyasantana famtly or Nambudiri family, an application siyned by a majority of the coparceners or a majority of the members
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18. Notiftcatioll of assumptiott of Jttfttrintendence .-( 1) Whenever under section 14 or section 1 7 the Government order the court to take under 1ts superintendence the person or property of a proprietor or both, such order of the Government, together with any declaration made under sect10n 14 or section 17, as the case may be, shall be noti- fied in the Gazette. The notificatiOn shall specify the Collector who shall discharge the dutie~ unposed upon a Collector by this Act in respect of such person or property or both, as the case may be. '(2) Such propnetor shall be deemed to have become a ward under the court from the date of the said order of the Government; and the supelintendence ol his person or property or ofboth shall take dfect 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, an1l to wh1ch he shall afterwards become in any way entitled while he conti· nues under such superintendence:
Provided that it shall be in the discretion of the court to assume or refram from assuming the supetmtendence of any property which the ward may acquire otherwise than by inheritance subsequent to the date of the order of the Government under section 14 or section 1 7.
CHAPTER IV
Management and guardianship
19. Collecto1 to take charge of ward'" property.-When the court has assumed the supermtendence of the property of a ward, the Collector specified in the notificatiOn .. umler scctlOn ltl or, if so directed by the court, the Collector of the d1St1 ict in which any part of the property is situated, shall take posseSSion and custody of such p10perty on behalf of the court.
20. Powers of Collector .-lt shall be lawful for the Collector refer· red to in section 19-
(a) to order any person m possession of any movable property to the possessiOn of which the ward IS entitled or of any accounts or papers relating to the property ot such ward, . to dchver up such movable property, accounts or papers;
(b) m case there is reason to believe that any movable property to the possession of which the ward is entitled or any accounts or papers relatmg to the propery of the ward J.l'e to be found in nny room, bo:ll or
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receptacle within any house in the actual possession of the ward, to break open such room, box or receptacle or authonse the same to be broken open for the purpose of searc4ing for such property, accounts or
papers;
(&) 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 proprie- tor, if any, from whom the ward derives his t1tlc, to attend before him for r.xamination and to defray the necessary expenses of any person so attending out of the assets of the estate;
(d) to order all holders of tenures and under-tenures on the ward's property to produce their titles before him.
21. Allowances for ward ond famzly.-The court may determine what sums shall be allo'\\ed for the expenses of the ward and of his family and dependants and of those who are entitled to be maintained out of the property taken possession of on behalf of the coUl t.
22. Custody, resuience, eductzon aud marriage of ward or minor relatwes.- The court may make such orders and arrangements as it may deem fit, in respect of the custody, residence, education and marriage- ( a) of any ward whose person is for the t1me being unde1 its su permtendence;
(b) of any minor child, minor brother or minor sister of such ward, or such other minor or incapacitated person who, in the opinion of the court, is entitled to maintenance at the charge of the ward's estale.
23. Appointment, ete., oj managers and guardians.-(1) The court may appo~t managers for the property, and guardians for the person, of any ward, and may control or remove any manager or guard ~an so appomted:
Provided that the court shall not appoint a guardian for any pe1 son who has become a ward in pursuance of an order under section 1 7.
(2) Any appointment made under this section shall terminate
"hen the court ceases to exercise superintendence over the person for whom a guardian, or over property for which a manage1, has been appointed.
24. Collector to act if there are no managers or guardtans.-If no manager of the property or guardian of the person of a ward is appoin• ted by the court, or the office is temp01arily vacant, the Collector spt>cJficd 111 the notification under section 18, or any other Collector whom the court may appoint in th1s behalf, shall be competent, under control of the ~ourt, to do anythmg that might be done by such manager or guard1an,
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25. Who may and may not be guardians.-( I) No pe1 son being the next legal he1r of a ward, or appeat·ing to have a direct 01 indirect advantage in the death or contmued dis<)Ucdification of ~uch w.1rd, shall be appointed guatdian ofsuch ward:
Provided that the mothet ot a ward, or any person appointed guardian by the will of a person authorised to make such appointment, may be appointed guardian by the court at its discretiOn.
(2) A female guard:an shall be appointed for a female ward, and a male guardian for a male ward above seven years of age, unless, in any case, the court, for special reasons, shall direct otherwise:
Provided that no guardian shall oHlinarily he appointed for a female ward, if she has an adult husband.
26. Dutus of guardians.-A guardian appointed under section 23 shall be charged with the custody of tht' wa1d, and, ~ubject to the control of the court, shall make suitable Jll ov1sion for his maintenance and health, and if he be a minm·, for his education, and for such other matters as are required by the personal law to which the \\ardis subject, and shall-
( a) give such security (if ,my), as the cou1 t think~ fit, for the due performance of his duty, ,
(b) submit such accounts as the comt may direct;
(c) pay the balance due from hun thcJcon;
(d) continue liable to account to the cou1 t afte1 he has ceased to be guardian for his receipts and
(e) apply for the sanction of the court to any act which may mvolve expense, not previously l>anctioned by the cou1 t, ( /) be paid such allowace out of the p1 operty of the ward as the court thinks fit.
' 27. Powers of manager.-Every manager appointed by the coutt shall have power, subject to the control of the court, to collect the rrnts of land placed under his charge, as well as nil other moneys due to the ward, and to grant receipts therefor, and may, under the ordl'rs of the court, grant or renew such leases as may in his opinion be neLessary for the good management of the property, and do all such Ia\\ ful acts as he may be generally or specially authorised by the cout t to do for the good management of the property.
28. Duties of manager.-(!) Every manager appointed by the court shall manage the p10perty placed under his charge dihgt'ntly and faithfully and shall-
( a) give such security, with such suretie!, if any, as the court thinks fit, for the due discharge of the trusts of his office aud for the due account of all property and moneys which come into his control or possession by reason of his office;
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(b) keep such accounts in such form and submit them at such times as the court may direct;
(c) deal with all moneys received by him in such manner as the court may direct;
(d) obtain the sanctiOn of the court to any act -which may involve the property in expense not previously sanctioned by the court;
(c) be responsible for any loss occasioned to the property under h~ management by his negligence or wilful default; and every such los> shall be recoverable from him and from his sureties, if any, as an arrear of land revenue;
(/) continue liable to account to the court after he has ceased to be manager for his receipts and disbursements during the period of his managership.
(2) The manager shall be paid such allowance out of the property of the ward as the court thinks fit.
29. EmplGyees of court deemed to be public servants .-Every guardian, manager, or othet· servant of the court shall be deemed to be a public servant within the meaning of sections I 61, 162, I 63, 16·!, I 65 and I 65A of the lndian Penal <::ode ( 15 of 1860); and in the definition of " legal remuneration" contained m the said section 161, the word "Govern· ment" shall, for the purposes of this section, be deemed to include the court.
30. Manager and othc1 servants to be deemed to be publzc accountants.- Every manager or other servant of the court entt usted with the receipt, custody or control of moneys or securities for money on behalf of the court or with the management of any property under its superinten- dence shall be deemed to be a pubhc accountant within the meaning of the Kerala Public Accountants Act, 1963 (Kerala Act 37 of 1963). ' ~i I. Regulation of cxpcndzturc.- Unless the court otherwise directs, all moneys received by, or on behalf of, the court on account of the property of any ward shall be employed in meeting the charges included m Class I heremafter specified, befme such moneys are employed in meeting the charges in Classes II and III hereinafter specified and in meeting the charges in Class II before they are employed in meeting those in Class II I.
CLASS I
Charges necessary for the mamtenance, residence, education, marriage and indispensable religious observances of the ward and his family and of those in respect of whom such charges have to be paid out ofthe property of the ward.
Charges necessary for the management and supervision of the property of the ward.
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Charges on account of Go vet nment re\'enuc and of all ce~ses and other public demands due in respect of such pro petty, or any part of such property. .
CLASS II
Charges on account of rent, cesses ot demands due to any supet iut land holder in respect of any land held on behalf of the w.1rd. The liquidation of debts payable hy the ward out of the ptoperty taken charge of by the court.
Expenses necessary to protect the 111tcrests of the ward in the civil courts or otherwise.
The maintenance in e!ltcient condition of the <'states, butldings and other immovable p10perty and the suitable upkeep ofthe furnitmc, equipage, livestock and other movable propet ty belonging to the ward.
CLASS III
The payment of such charges for the roligious obset \'.ltlCes of the ward and his family and of such religiom, charitable and other allowances and of such donations befitting the positton of the ward's family, as the court may authorise to be paid.
The prevention and relief of distress among the ''at d'~ tenantt y. The improvement of the land and propr.t ty of the "ard and the benefit of the ward and his p10perty generally.
32. Surplus how to be dealt with.-Any smplus whidt remains .1fter p10viding, ~o far as the court deems fit, for the objects mcntionetl in se(.t ion 31, shall be applied in the pUI chase of othet landed property, or invested at mterest on the security of-
(a) promissory notes, debentures, stock and other securities of the Government of India or of the Government of Kerala;
(b) stock, or debentures of, or shares in, compame~, the mterest whereon has been guaranteed by the Govenunenl of India;
(c) debentures or other securities for mo11ey tssued hy, or on behalf of, any local authority under the authority of any Act of the Legislature of any State ;
(d) such other securities, stock or shares guaranteed by the Government of Kerala or the Government of India as the court shnll deem fit; or
(e) first mm1gages of immovable p10pe1t}' situate in the State of Kerala, provided that the property is not a lea~ehold for a term of years and that the value of the property exceeds by one-third ot, if consisting of buildings, exceeds by one-half, the mortgage money.
33. Dzsabrlitres of.wards.-(1) A ward shall not be competent-
(a) to transfer or create any charge on, or interest in, any part of his propet ty which is ur1der the superintendcnt.e of the court, or
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to enter into any contract or to make any acknowledgment involving him in pecuniary liability pet so nail; or in respect of such property; but nothmg in this clause or in section 22 shall 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 pecuniary liabtlity, except such as, having regard to the personal law to which he is subject, and to l11s rank and circumstances the court may, m writmg, declare to be reasonable;
(b) to grant valtd 1 eceipts for the rents and profits arismg or accruing from such property or for debts or other moneys due to the estate ;
(c) to adopt or to give a vvntten or verbal permission to adopt withoUl the consent of the court;
(d) to dtspose of his property by w1ll wtthout the consent of the court :
Prov1ded first that the court shall not with hold 1ts consent under clause (c) or clause (d) if the adoptiOn or testamentary dispos1tion is not contrary to the personal or special law applicable to the ward and does not appear likely to cause pecuniary embarrassment to the property, or to lower the influence or re~pectabthty ofthe family in public estimaiton:
Provided secondly that the court may confirm a wlll or an adoptiOn made, or a petmission to c:dopt g1vcn, 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 sectiOn 1 7.
(2) No claim under sect10n 68 of the Indian Contract Act, 1872 (9 of 18n), shall be enforceable against the property of a ward which is under the ~upermtendence of the court ; but the court may, in 1ts discretion, satisfy in whole or in part, any such claim.
34. Powers of court as to property under zts superintendence.-The court may mortgage or sell the whole or any part of any property under its supermtendence and may give leases of the whole or any part of such property for such terms as it thinks fit, and may make remissions of rent or other dues, and may generally pass such ordets and do such acts not inconsistent wtth the provtsions of this or any other Act for the t1me being in force as 1t may judge to be for the advantage of the ward or for the benefit of the property.
35. Establzshments and distribu12on of charges.-The court may order "b- ~uch estabhshments to be employed and charges to be incurred as it · sha.ll consider requisite for thecate and management of the persons and properties under Its superintendence and generally for all the purposes of this Act, and may order that such charges shall be borne by and distnbuted amongst the said pt operties in such proportions as it
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CHAPTER V
Ascertainment and settlement of debts
36. Notzce callwg upon clazma11ts to notify clazms.-(1) On the publi~ cation of a not1fication under section 18, the Collector the• ein spec1fied may, at any time, with the previous sanction of the Government, publish in the Gazette a notice in English anti in Malayalam or in such regional language as he may consider necessary calling upon all pe•sonc; havmg pecuniary claims, whether immet!intely enf01ceable or not against the ward or his property, to not1fy tlte same in WI iting to the Collector withm six months from the date of such notiflc.Ltion.
(2) The nottce shall also be publishetl nt such places .md in ~uch other manner as the coUlt may, by general or special or.ler, direct and shall be sent by reg1stered post to every person who i~ known to the Collector as having a pecumary claim against the ward or his property and of whose address the Collectot· is credibly informed.
(3) The Government may at any stage of the p oceed mgs under this section and sections 3 7 and 39 invest any person either by name or by virtue of his office with the powers of a Collector for any or all of the purposes of these Sf'ctions.
E>.p!anatzo1z.-A claim shall be deemed to be pecuniary for the purposes of this section and sect1ons 37 and 40 notwithstanding that a suit for its enforcement or a re'e•ence of such claim to arlntration is pending or that a decree or award has been passed establislung 1 he same.
37. Claimants to furmsh full parttcufars a11d documents.-( I) Every such claimant shall, Within the period prec;cnbed by section 36, notify to tlw Collector in writmg his claim w1th full particula1s thereof :
Provided that any claim pt escnted afte•· the expiration of such period and within a further period of SIX months may be admitted if the cla1mant satisfies the Collector that he had sufficient cause for not noti- fying the claim at an earlier date.
(2) Every document (including entries in uooks of account) in the possession of or under the conttol of tlw claimant on which he found his claim shall be produced before the Collector with the state- ment of claim or withm such t1me after the 1nlfcn ing of the cla1m as may be allowed by the Collector in tha1 behalf':
Provided that if the claim relates to nn amount S!'cured by a decree or award, it shall be ~ufficient for tlte c-laimant to produce before the Collector a certified copy of the deCI re and a certificate from the court which pass~d or is executing the same declaring the amount recoverable thereunder or a true copy of the awanl and a statement of the sum recoverable thereunder, as the cac;e mny he; and ifthe claim is pending adjudication in any com t or has been refe1 red to .trbitratJon, it shall be suffic1ent for the clai•r.ant to produce a certified copy ofthe plamt or a true copy ofthr reference to arbitration, as the case may be.
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(3) It shalll.:e lawful for the Collector to require the production by any claimant of such of the documents in his possession or power relating to his claim, other than the documents, if any, produced under sub-section (2J, as the Collector may consider nece>sary.
(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 the purpose of identification and, after examining and comparing the copy with it, shall retain the copy and return the origina.l to the claimant. 3B. Pecu111ary claim of Government, t!tc., not affected. -Nothing contained in sections 36 and 37 shall apply to any pecuniary claim of the Government or any local authority, or to claims for maintenance or for wages o~ salaries due to servants.
39. Clazms admztted and dzsallowed.-The Collector shall, after making such inquiry as he may dee•n fit, decide which clarms notified or admitted under section 37 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 co·rstrued as precluding any claimant from continuing or instituting proceedmgs in any r.ivil court in respect of any claim, whether such claim be allowed or disallowed by the Court of Wards in whole or in part.
40. Claims tzot tzotified cease to carry wterest, etc. -Every pecuniary claim against the ward or his property which has not been duly notified to, or admitted by, the Collector under section 37 shall, notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the expiration of the period prescribed by section 36, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under sectwn 37.
41. ln12dmissibrlity in evrdcnce of documents tzot troduced.-No docu- ment in the possession or under the control of the claunant which should have been but has not been produced in accordance with the require- ments of section 37, shall be admissible in evidence against the ward or his representative in any suit brought by or against the claimant, or any person claiming under him, unless it be proved to the satisfaction of the civil court that it was not within his power to produce such document before the Collector.
42. When mortgagee zn posseman may be dispossessed.-( l) When any property of a ward is m the possession of a mortgagee, or any person cla1ming under a mortgagee, the Government may, on being satisfied that 1t is expedient in the public interest that the estate should be preserved and such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the court to take possession thereof; the court shall thereupon, by an order
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in writing, require such encumbrancer to deliver up possession of the same to the manager at the end ofthe then cunent financial yea1.,
(2) If such encumbrancer refuse~ ur neglects to obey such order, the Collector may, w1thout resorting ton civil court, enter upon the property, and summarily ev1ct therefrom the said <'ncumbrancer and any other person obstructing or res1sting on his behalf.
(3) The dispossession of the encumln ancer under sub-sections ( l) and (2) shall not df'prive him of any right for the 1 ecove1 y of at rears of rent due to him at the date of his d1spossessiun.
(4) If in the instrument of mortgage under which the <-ncum. brancer is in possession of the property, uo rate of intere~t is specified, the Collector shall, m cases where the m01 tgage debt has been notified to or admitted by htm, offer to the encumbrancer the rate of intere~t which appears to htm to be reasonable; nml pass on order fixing the rate accordingly. Copy of the 01 det shall be served upon the encum· brancer in the manner prescnbed by the Code of Civtl Procedure, 1908 (5 of 1908), for service of summons upon a defendant. If the encum- brancer is dissatisfied wtth the rate of mtcrest so fixed, he may, within three months from the date of set vice upon him of such order, institute a suit against the ward in the District Court within whose jurisdiction the property mortgaged or any portion thereof Is situate, and the said court shall, if the mortgage debt has lweu notified or admitted as aforesaid, pass a declat atm y decree fixing snrh rate of intet est as it may deem reasonable. If no such SUit be instituted within the said period, the encumbrancer shall be deemed to have agreed to the rate fixed by the Collector.
(5) If an encumb1 anccr is dispossess1·d of pro petty undet this section, he shall be entitled to recover the amount due to him undrr the instrument of mortagage on the date of ~uch di~possession together with-
( a) mterest as f10m that date, on the priucipal money outstan· ding on such date at the rate st1pulated 111 the instrument of mortgage or, if there is no ~uch stipulation, at the 1ate fixr.d under sub- section (4), and
(b) any amount to which he may, in case of dispossession, be entitled under the instrument of mortgage or under any i.lw fm the time being in force,
in the same manner as if-
(z) he were a stmple mortgagee of such property under the said mstrumcnt, a11d
(u) the entire money as computed above \\Cte advanced uy way of loan under the said iusturment:
Provided that the rights of the encurnbrance1 und!'t this sub· section shall l.Je subject to-
(a) the provisions of section 40, and
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(b) the charges specified in Classes I and II in section 31, except those relating to the liquidation of debts payable by the ward and to the upkeep of the furniture, equipage, livestock and other movable property belonging to the Vvard.
(6) The Collector shall, as soon as conveniently may be after the expiratiOn of the financial year commencing with the date of such dispossessiOn and of every successive financial year, declare, subject to the approval of the court, the gross annual rents and profits realised from such property, the several heads of expenditure and the balance, and such declaration shall be conclusive evidence of the statements therem con tamed. A copy of such declaration shall be fu1 nished to the dispossessed encumbrancer free of charge.
CHAPTER VI
Suits
43. Protection of action taken in good fazth.-1\"o SUit shall be brought in any civil court against the Government, the Court of \Vatds or any public servant or person duly appointed or authonsed under this Act in respect of anything m good faith done or intended to be done under the provisions thereof or the rules made thereunder.
44. Suzt not to be znstitut,·d untzl after notzc~ to Collector.-( I) No suit relating to the person or property of any ward shall be instituted in any civil court until the expiration of two months after nottce in writmg has been delivered to or left at the office of the Collector specified in the not1ficat10n under section 18.
(2) Such notice shall state th.e name and place of abode of the intending plaint1ff, the cause of actwn and the relief wh1ch he cla1ms ; and the plamt shall contain a statement that such notice has been so dehver ed or left :
Provided that notice under tlus section shall not be req utred m the case of any suit the penod of hmitation fot which will expire within three months from the date of the notification under section 18.
45. Suit or proceedmg1Jy or agawst ward.-In all suits or proceedings in an) civ1l or re~enue court the ward shall sue and be sued 111 h1s own name.and the manager of his property appointed under section 23 or, if there ts no such manager, the officer competent to act as manager under section 24 shall represent him as next friend or 5uard.an ad litem, as the case may be.
46. Costs against manager how pazd.-If in any such suit or proceed- ings any ctvil or revenue court shall decree any costs agamst the manager or other officer competent to act as manager under section 24, the Court of Wards shall cause such costs to be patd out of any prc- perty of the ward, which, for the time bemg, may be in its hands.
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47, Suits must be authorised by court.-No suit 11hal\ be brought on behalf of any ward by the manager or other officer competent to act as manager under section 24, unles!. authorised by some particular or general order of the court :
Provided that a manager or other officer as aforesaid may file a plaint in order to prevent the suit from being barred by the law of limi- tation, but such suit shall not be further proceeded with, until the consent of the court has been obtained.
48. Adjudzcation of rivil disputes between two or more wards.-( 1) When any question arises as between two or more wards of such a nature that an adjudicatiOn upon it by a civil court is expedient, it shall be lawful for the Court of Wards, acting through the Collector of the district in which a case might have been stated for the opinion of the civil court with regard to such matter under rule 1 of Order XXXVI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), to file in the civil court having jurisdiction a statement contaming the point or points for determination.
(2) When such statement has been filed, the civil court shall appoint a guardian ad lztem for each ward having a separate interest, and such guardians shall thereupon conduct the case subject to the general control of the Court of Wards.
(3) The civil court may, if it thinks fit, amend the case so stateri, and shall then proceed to hear and dispose of the case in the manner provided in Order XXXVI in the First Schedule to the Cod<"
of CIVIl Procedure, 1908 (5 of 190B), for the hearing and disposal of cases stated for opinion under that Order.
CHAPTER VII
Release of persons and property from superintendence
49. Release from superzntendence.-The court may, with the pre· vious sanct1on of the Government, in all cases where superintendence has been assumed in pursuance of orders under section 14, at any time release from its supenntendence the person or property of a ward or both and shall, save as provided in sectwn 52, release from superintendence-
(a) the person and property of a ward disqualified under clause (a) of section 8, as sJon as he ceases to be a minor;
(b) the person and property of a ward disqualified under clause (b) of section 8, as soon as it is found by a competent civil court that the drsability has ceased ;
' (c) the person and property of a proprietor declared to be dis- qualified under clause (c) of section 8, as soon as the Government revoke their declaration that such proprietor is disqualified ; 3/21-9
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(d) the property of an undivided Hindu family, Marumakka- thayam tarwad, Aliyasantana family or Nambudiri family, and the person of every coparcener or member therein who is not possessed of separate estate, as soon as any coparcener or member, as the case may be, ceases to be disqualified under section 8.
50. Release of estate taken under management under section 17 when debts cannot be liqutdated within reasonable tzme.-(1) The court may, with the previous sanction of the Govermonent, at any time within two years from the date of the notification published under section 18, release from its superintendence, on a day to be notified, the property of a per· son who has been made a ward of the court in pursuance of an order under section 17, without liquidating any of his debts and liabilities, or after liquidating some of the debts and habilities, when the court is satisfied that it is impracticable to liquidate within a reasonable time al1 the debts and liabilities or such of them as have not been liquidated, and in either case the legal incapacity of such ward shall cease on the date so not1fied :
Provided that with the previous sanction of the Government, the court may at any time release such property on app!Jcation made to it by the proprietor, or in the case of an und1vided Hindu family, a Marumakkathayam tarwad, an Aliyasantana family or a Nambudiri faO?iiY on such application made by a majority of the coparceners who have attained majority or of the major members of such tarwad or family, as the case may be. -~
(2) Whenever an incumbrancer is dispossessed under section 42, and his debt remains unliquidated at the time the court releases from its superintendence the property of such ward under sub-sectiOn (I), the Collector shall replace the mcumbrancer in possession.
(3) Whenever the propet·ty of a person is released unde1· suiJ. section ( 1) r rom the su perint("ndence of the court' the provisions of sections 40 and 41 shall not apply to any of the debts and liabilities of the ward remaining unliquidated at the time when his properties are so released.
(4) In computing the period of limitation applicable to a suit brought or application made against such person or his legal represen- tative after the court has released his property under sub-section (I), the time dunng which the superintendence of the court continued shall be excluded.
51. W htn estate taken under management under sectzon 17 ml!)l be made t:r' over to proprietor.-The court may, with the previous sanction of the Government, replace any proprietor who has been made a ward of the court in pursuance of an order under section 17, in the management of his. estate on a day to be notified, if the debts and liabilities binding on his estate have been discharged and the court is satisfied that he will
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thereafter be competent to take charge of his estate and administer his own affairs, and his legal incapacity shall cease on such date.
52. Option to retain superintendence 111 certam cases.-Whcn a ward dies or ceases to be disqualified before the deLts and liabilities binding on his estate have been discharged, the court may, with the previous sanction of the Government, retain the property· under its superinten• dence until the debts and liabilities are discharged or for nny short('r period, and when for the purpose of discharging such debts and liabi- lities the court has raised money on condition that it should retain the superintendence of the property until the money so raised is repaid, the court shall not without the 'consent of the lender or his 1 epresentatives withdraw from superintendence until the money so raised has been repaid :
Provided that, after the death of the ward, the court shall not retain charge on account of any debt or liability which has been de- clared by a civil court not to be binding on the representatives of the deceased ward.
53. Disabzlzties of proprietor in such ,as1s .-If the court retains the superintendence 'under section 52, the person who has succeeded to the property, or the person who has ceased to be disqualified, shall, in so far as the property in questiOn is concerned, be deemed to be a ward of the court for the purposes of clauses (a) and (b) of sub-~ection (1) and sub-section r2) of section 33.
54. Appomtment of guardzan before release.-( I) When the court decides to release from its superintendence the person and property of a minor, it may: before such release, by an order in writing, appoint any person to be the guardian of the person or property or both of such min.>r.
(2) Such appointment shall take effect from the date of such release.
(3) In appointing a guardian under this section, the court shall be guided by the provisions of sect1on 17 of the Gua1·diana and Wards Act, 1890 (8 of 1890).
(4) Every such guardian shall have, and be subject to, the same rights, duties and liabilities, as 1f he had been appointed under the Guardians and Wards Act, 1890 (8 of 1890).
55. Recovery of expenses after release.-Any expense incurred by the court on account of any property under its charge, and not defrayed from such propel ty 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 :
Provided that the sum so recovered from any such person shall not be greate1 than the value of any such property which so passed into the possession of such person.
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56. Procedure when succession to ward's property is disputed.-When• ever, on the death of any ward, the succession to his property or any part thereof is disputed, the court may either direct that such property or part thereof be made over to any penon claiming the property, or may retain the superintendence of the property until a claimant has established his title to the same in a competent civil court, or institute a suit of inter-pleader against all the claimants.
57. NotificatiOn of release from superin.tendence.-Whenever the court releases any person or property from its superintendence, the fact of such release shall be notified in the Gazette.
CHAPTER VIII
Miscellaneous
58. Powe1 of court in regard to religiow endowment of which ward is heredztary trustee or manager.-If a ward is the hereditary trustee or manager of a temple, mosque or other religious institution, establish- ment or endowment, the court may make such arrangements as it thinks 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, establish· mentor endowment, the court shall appoint suitable persons other than servants of the Government and that the court shall as far as possible restrict its superintendence to the preservation of the property belonging to the institution, establishment or endowment.
59. Powas of persons holdmg tnqumes.-In holding any inquiry under this Act, the Collector or other person authorised to hold such inquiry shall have all the powers conferred on revenue officers by the Kerala Enquiries and Summonses Act, 1960 (Kerala Act 24 of 1960).
60. Property under charge of court not liable to sale for arrears.-No immovable property under the superintendence of the court shall be liable to sale on account of arrears of land revenue accruing while such estate is under the superintendence of the court :
Provided that all such arrears of land revenue shall be the first charge upon the sale proceeds of any such property which may be sold for any other cause than for arrears of land revenue.
61. Power to make rules.-The court may, w1th the previous sane- \Y-
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CHAPTER IX
Penalties
62. Abetting wuanctioned marriage of wards, etc.-Whoever, without the previous consent of the court, abets the marriage of any of the persons specified in clauses (a) and (b) of section 22 shall be liable, on convictiOn before a court of session, to a fine not exceeding two thou- sand rupees, or to imprisonment for a tenn not exceeding six months, or to both.
CHAPTER X
Repeal
63. Repeal.-The Madras Court of Wards Act, 1902 (Madras Act I of 1902)• (except in so far as it relates to estates of Rule1 s of Indian States), as in force in the Malabar District referred to in sub-section (~) of section 5 of the States Reorgamsation Act, 1956 (37 of 1956), the Cochin Court of Wards Act, XIII of 1097 and the Travancore Court of Wards Act, III 0 (Travancore Act V of Ill 0) are hereby repealed.