658. Central banks. In order to proceed funds for village societies in the early years of their existence, central banks have been established. These are not necessarily  cooperative in form but are joint stock companies with limited liability and foxed capital. They are allowed to be registered under the co-operative societies act and to enjoy the privileges of registered the co-operative societies. In the Punjab these are of two kinds the banking union which has as its members and share-holders only the co-operative societies with which it deal and  central banks proper which include individuals among their share-holders. The latter possess the advantage of  securing more outside credit and so in  the early stages of the movement  proved invaluable. Their success has been  largely due to the unselfish devotion of a few public- spirited gentlemen to whom the co-operators of the Punjab  rest under a great debt. These  banks lend only to registered societies and to the extent considered advisable by the Registrar. They have a right to  all information concerning  their client societies which the staff can provide. They must put one-fourth of their annual profits to reserve, while their clients are not allowed to distribute profits for ten years. Their business is thus unusually safe ,and as their reserve funds grow, these banks generally experience no difficulty in attracting all the credit they desire. The Deputy commissioner or sub-divisional officer used in most sases to be ex-officio. President, but there are now many central banks where this is no longer so; and practice is conforming to the recommendations of the committee on  co-operation.

 

          In consideration of the special privileges enjoyed by these central banks the Act and flues impose certain restrictions which differentiate them from joint stock companies: at last one-fourth of their annual profits must go to reserve and the dividend must not exceed 10per cent, and no person may hold more than one thousand rupees of shares of more than one-fifth of the whole. These restrictions, it will be observed, add to the financial stability of the bank.

 

659.       Registrar and his duties. To control the co-operative movement, Government has appointed a Registrar, whose post is now permanent, and maintains a large inspecting and teaching staff under him. In addition to this, the Punjab co-operative union, a non official body ,has a large field staff for the purposes  of audit and supervision of societies, which ot maintains out of its own funds, and with the help of an annual grant from Government. The position and duties of the Registrar are thus described in the committee’s repots:-

 

“The progress of the co-operative movement in India may be said to be due almost entirely to the fact that in every province a special officer of Government has been appointed to guide and control it. In European countries we find that such officers are appointed in some cases, but that their duties are mainly of a formal character. In other cases the movement is in the charge of no individual representative of Government  but Government officers in several departments are expected to give it  their support and countenance. In the creation of a
Registrar not only to fulfill the formal requirements of the Act but also to guide and control the whole movement, the Indian Government occupies a unique position and one which we think has been of great, and could be made of still greater, utility to the movement, when the appointment. When the appointment as first created in 1905 the retention of a Government officer as Registrars was looked on as a more are less temporary measure, and it was hoped that as experience was gained and societies  become more able to stand alone, the fostering care of the Registrar would gradually be round less necessary until ultimately he would be able to confine himself to his statutory functions only. Even now the appointments in the various provinces are on a temporary footing and their further continuance will come up for  consideration in 1916, but from what we have said throughout this report, and in view of the duties which our recommendations impose on the Registrar, it will be understood that we cannot subscribe either to the disappearance if the post or to the transference of its functions to non-official agency. Nor can we contemplate the continued development of co-operation in India on any other condition than the permanent maintenance of an efficient and adequate staff of registers.

 

“under the act it is the duty of the register to receive and inquire into application for registration, to register the bye-laws of societies and amendments to them to audit the accounts or cause them to be audited; to make a valuation of the assets and liabilities of societies and prepare a list of overdue loans; to see that the act, rules and by-laws are observed; to make special inspections when called upon to do so; to dissolve or cancel societies and to carry out their liquidation. In order to fulfill his duties he must be continually studying co-operative literature, which is now most extensive; he must make him-self acquainted with economic conditions and practices both throughout India and in his own province; he must know the principles and methods of joint stock banking, and  must examine the  system of developing thrift and inoculation co-operation which have been tried in other countries. He is also head of teaching establishment, and must devise effective means for impressing a real knowledge of co-operation on the bulk of the population. He has further to control a large staff, to draft model by-laws and rules, to collect statistics and write reports, to advice government on various subjects, and to keep in close touch with the higher finance of the movement as managed by provincial banks and central banks. In addition to this he must keep in constant tough with markets, with honorary organizers and other well-wishes and various departments of government for the official press and for co-operation journals. As Mr. Wolf has put it to us, the registrars should not be set down as officials, but he guides, philosophers and friends to the societies, appointed and paid by the state. He must further be remember that there is no finality in the register’s work, and he can never feel that it has been cleared off and brought up to date. He will always feel the need of wider reading and of giving more and supervision and teaching to his societies. New means and methods to attain fresh ends must constantly be discussed and devised and devised. His work is moreover, highly responsible, involving a watch over large sums of money deposited by the public and a share in the responsibility for the economic fate of a province. It can well be realized that few officers are entrusted with work more serious or more exacting.”

 

660.       Position of district officers. The relation of district officers to the movement was thus described in the resolution of the government of India of 1914:-

 

“but while the movement must be essentially a popular one and while excessive official supervision must be avoided it by no means follows that government officials outside the circle of those directly connected with co-operation should hold aloof. It is true that the details of initiation and inspection should be left to the expert agency provided for the purpose, and it is no part of the duty of the district officer to internee in the internal administration of societies. But as co-operative societies are no longer isolated experiments outside the sphere of district work, and as beyond  the material benefits which they pffertjeu represent an influence sloselu connected with the welfare of the people and powerful, now and in the future ,for good, or evil, the district officer  cannot  dissociate himself from the movement. On the contrary a knowledge of co-operative principles and  practice has now become  as essential as acknowledge of  revenue law, allowing them to languish through want of languish through want of sympathy or to develop on undesirable lines through want of vigilance. Without in any way becoming an active propagandist he should, personally, and not grass of the movement in his district, encouraging and helping those who have formed themselves in into societies, enlisting the interest and support of men of influence and wealth  and assisting with his advice. Those who seek to avail themselves of the benefits of  co-operation. this in no way involves the officiating of co-operation, nor does it trench upon the essential principle that the movement, if it by such encouragement and guidance, while the more closely the district officer is in touch with societies the more surely will he find to his hand new and valuable agencies to help him in his daily work. 

 

              “It is for local Governments to consider to what extent and in what manner use can be made of societies in each province in district administration –how far they can afford a means of ascertaining the real public feeling of the district, how far they can be rendering voluntary aid assist in promoting primary education , rural sanitation and medical relief, in what manner they can be used in times of scarcity and famine or during the prevalence of epidemics, or whether the training afforded by them will lead to the development of a true system of village Government.

 

              “In these and other ways it may be found possible to utilize the co-operative organization and the movement should if wisely directed, exercise an important influence in prompting the welfare of the people. But although it is still uncertain to what extent and in what manner , societies may assist in the work of the district there can be no doubt that a new factor in administration which cannot be disregarded, has come into being and that new duties and responsibilities have been thrown upon the district officers.”

 

              The committee on co-operation agreed with the above. The only define functions assigned to the Collector by the Act are set forth in section 35. He may call on the Register to make an enquiry into the condition of a society and is entitled to access to all the books and to call for any information regarding the working of any society that the may require. With reference to his position towards central banks the committee wrote – “although we see no objection to the Collector or sub-divisional officer acting as chairman or member of the managing committee of a central bank in individual cases we do not advocate that they should hold these positions ex-officio or as an invariable rule. The district officer should however, in our opinion always have a formal right to attend meetings of the share –holders or directors of a central bank, and it is for the local Government to decide in what manner this arrangement can be best carried out. He would also be the most suitable person to preside at a district conference . In that character and in any position which Government in accordance with our suggestions above may assign to him on the central bank, he would occupy in our opinion a position which represent correctly his general relation to the movement. He would stand as a well wiser equipped with the requisite knowledge and sympathy, but need not  necessarily have any intimate connection with the management or assume direct responsibility.”

 

660-A. Chief duties to be performed by official staff. The Royal Commission on Agricultural in general supported the recommendations of the Maclagan Committee on Co-operation  and added little that was new; it; however , stressed a few  points on which critics are apt to go astray . The movement was initiated by  a Government faced with the finding that “Indian famines are necessarily recurring calamities” and was intended to be a part of its anti-famine policy. This has resulted in three features characteristic of the movement in the Punjab and other provinces; the movement is closely supervised by Government officer, it has been chiefly developed in the rural areas and it has been concerned more with the organization of credit than with other needs of the people. The Royal Commission accepted the position that the movement must in the main continue to be directed towards the expansion of credit societies until the burden of outside debt has been considerably eased. Those charged with its direction are fully alive to the advantages to be granted from the application of the co-operative principle in directions other than credit. But their most important  duty must, for many years to come be that  of developing  a rural credit system covering the whole field of village life, and we think it should be left to their unfettered judgement to decide what part of there resources at their disposal should be directed towards the extension of the non-credit movement.”

The main function of the official staff is to train the members of societies to manage their own affairs without outside interference or assistance, but practical considerations render necessary some degree of audit; inspection and supervision. The assistance of non-official workers is essential and is always welcomed but the Royal commission, in view of the many and serious defects which had been brought to their notice, recommended that  every effort should be made to build up a highly educated and well trained staff of officials, “Its chief duty is to educate members upto the point at which they will be competent themselves to undertake its duties and so to dispense with its services; to strengthen the hands of the honorary workers by furnishing them with skilled advice and guidance in the more difficult problems; to supervise the work of unions and federations engaged in the management and control of the movement and to work out new schemes to facilitate the work of other departments to prepare the ground for their special propaganda and to organize the people to receive and adopt expert advice.”

 

660-B Government aid to co-operative movement. Royal Commission made definite recommendations the subject of Government aid to the movement. “We think that local governments should encourage the enlistment of honorary worker by contributing towards their out of pocket expenses , both while they are under training and whilst they are working in the field.

 

“Public funds may also reasonably be spend in assisting institutions whose object to spread education in the application of co-operative principle to various objects and also…… in assisting unions for supervision. We found that Government aid was usually given for propaganda work and we approve this. In considering the prevailing illiteracy and the consequent difficulty in reaching the people by paper or pamphlet, we think that Government have a special interest in promoting organizations on a  co-operative basis to facilitate the activities of the agricultural, veterinary, educational and public health, departments and that assistance should , therefore , be freely given to ventures of a novel nature……..” The Royal Commission further recommended that Government expenditure should be devoted to education in preference to audit.

In general the Punjab movement conforms to the various recommendations mentioned above.

 

660.– C. Organisation of land mortgage banks with aid of loans from Government. The question of organizing land mortgage banks on a co-operative basis has received much consideration and although there has not yet  been sufficient experience on which to base final conclusions, a tentative policy has been accepted of organizing two such banks a year with the aid of loans from Government. The recommendation of the Royal Commission on this difficult subject have been adopted and the banks are registered under the Co-operative Societies Act. These  institutions can at present only be regarded as in the experimental stage and great caution must be exercised in advancing loans to people whose appetite for credit is greater than their readiness to make the personal sacrifice necessary to ensure repayment.

 

611 to 671 Cancelled.

 

CHAPTER XX

THE COURT OF WARDS

 

672. Object of Court of Wards.  The duty of the State to make provision for the care of the persons and property of those who by reason of age, sex, mental, incapacity or other causes are unfit to manage their own affairs is generally recognized. The Guardians and wards Act, VIII of 1890, embodies the general law on the subject, and under this a competent court is empowered, where no other suitable guardian can be found, to appoint the Deputy Commissioner to that office, But where public interest are involved., as in the case of  a large landholder., or where the family is one of political or social importance public policy necessitates a more specialized machinery , which is provided by the Court of Wards Act II of 1903. Action under this Act is regulated party by statutory rules(Punjab  Land Administration Acts, Volume II) and partly by executive order issued in  Financial Commissions Standing orders No. 33 . In the general interest of the administration of the province, it is desirable that large landholding families should receive assistance from Government , where that assistance can suitably be rendered. In cases where the official machinery is not suited to mange the particular business, such as an  industry or trade , it will rarely be to the advantage of the minor to be brought under the court of words. Such cases must be left to the Guardians and wards Act.

 

673. In case of Vicious or spendthrift landholders, interference confined to families of political or social importance. The considerations which lead the State to interfere in the case of landholders of vicious or spend thrift habits are those of public interst. The law does not contemplate the putting of any restraint on a man’s power of dissipating his property by vicious courses or the extravagant pursuit of pleasure unless he belongs to a family whose poetical or social importance it is a matter of public interest to preserve . IN this respect it does not go as far as the French law, which permits the relations of any prodigal spend thrift to apply of the appointment of a judicial adviser, without whose  “assistance,” he is powerless to  borrow money to sell or mortgage his immovable property  or to bring a suit in court. (The power which reversions posses under the customary law of the Punjab to sue for the cancellation of the transfers of land made with out necessary is a restraint of the same kind(see paragraphs 45 and 8 of this Manual)

 

Even in the case of great families it must be remembered that it is against the declared policy of Government to extricate them from debt by means of loans of public money. IN such cases Deputy Commissioners must not formally discuss with the persons concerned applications for the intervention of the court of wards, or initiate proceedings, without first obtaining the sanction of the Commissioner. And if ultimate resort to Government loans seems probable reference should be made to Government for a decision of the question whether the political or other considerations are strong enough to warrant an exception being made to its general rule or policy.

 

674. Imperfection of law regarding court of wards contained in section 34-38 of Act IV of 1872 and origin of Punjab Act, II of 1903. The old law concerning the Court of Wards contained in the Punjab Laws Act of 1872(As amended by Act XII of 1878) was unsatisfactory and defective, but it was not until after the prolonged examination of the measure required to rescue the rural population from debt that Bills were prepared to deal with some aspects of this problem. The Alienation of Land Act of 1900 (See paragraphs 24 et seq. Of this manual) was designed to meet the case of the mass of owners and it was supplemented in 1903 by the Court of Wards Act, to meet the case of families of social or political importance. The remainder of this chapter will be devoted to a short account of the present law followed by a few remarks on some particular questions  which arise in connection with the care of wards an the management of their property.

 

675. Cancelled.

 

676. Financial Commissioner Court wards for Punjab. By Act No. II of 1903, the Financial Commissioner is declared to be the Court of wards for the whole province. But he can exercise all or any of his powers  through Commissioners or Deputy Commissioners to whom also they can be delegated by rules under the Act, or by general of special  orders.(Section 4. For powers delegated to Deputy Commissioner and Commissioners [see the rules under section 4(3) in parts I and II of the rules under the Court of Wards Act in Punjab Land Administration Acts. Volume II.]

 

677. Only landholders can be made wards. To be made a wards a person must be landholder i.e, he must possess an interest in land as proprietor , assignee of the Government revenue, lessee of land, otherwise.(Section 3(b) of Act. No. II of 1903.)

678. Classes of landholders who may be made wards by order of Financial Commissioner. The court may of its own authority  declare the following classes of landholders to be its wards :-

(a)    minors that is to say persons below the age of eighteen.(Section 3(c) of Act II of 1903 read with section 3 of the Indian Majority Act, IX of 1875) A person who has been made a ward while still below that age does not reach his majority till he is twenty one.( Section 3 of Act IX of 1875, as amended by Section 52 of Act VIII of 1890) The Deputy Commissioner reports the cases of all minors  who in his opinion ought to be made wards , and likewise  case in which he himself has been appointed guardian of a minor under the provision  of section 18 of he Guardian and Wards Act, VIII of 1890(Section 7(2)) The object of the report in the latter case is to enable the Financial Commissioner to decide whether the estate should not be brought under the Court of Wards;

(b)   Persons adjudged by a court acting  under section 2 of Act XXXV of 1858 to be of unsound mind and incapable of managing their affairs . (Section 6) The deputy Commissioner may apply to the District Judge to institute the necessary enquiry.( Section II(4) , see also section 3 of Act XXXV of 1858)

 

679. Classes of landholders who may be made wards by order of local Government. The local Government may order the Court of Wards to take charge of the property of the following classes of landholders if it considers them incapable of managing their own affairs :-

(a)    Females;

(b)   Persons suffering from any physical or mental defect or infirmity;

(c)    Persons who themselves apply to made wards;

(d)   Persons who have be convicted of any non-bilabial offence , and are of vicious character;

(e)    Persons whose habits of wasteful extravagance are likely to dissipate their property. (Section 5(2)(d))

 

The court may at its discretion take charge of their persons also. In the case of the third  class action can only be taken , if it is considered “expedient in the Public Interest ;” in the case of the last two classes it is necessary that the landholder shall belong to a “a family of political  or social importance” and that the local Government  shall be satisfied that it is desirable on grounds of public policy or general interest” to interfere. (Proviso to section (2))

 

680. Inquiry by Deputy Commissioner. A proposal to take anyone under the superintendence of the court of wards usually originates with the Deputy Commissioner of the district in which the whole or the bulk of the property concerned is situated ; but cases occur where the landholder applies direct to the Governor or the Member in charge. In such cases the application or proposal has to be sent to the Deputy Commissioner who acts as if it were his own . The 3rd chapter of the Act gives him the necessary powers for making an inquiry and for the protection of the person and property of the proposed ward until sanction is received.

 

681. Release from wardship. A minor or an insane  person may be released from wardship by the court at any time, When it is proposed to release the person or a minor, the head of the educational institution at which he is studying should be consulted as to this future. The concurrence of the District judge is, however, required in any case in which the Deputy Commissioner was appointed guardian of the minor before he became as Ward of Court. (Section 44)On releasing a ward who is still a minor the court may give him a guardian who will have the same rights and duties and he subject to the same disabilities as a guardian appointed by the District Judge under Act VIII of 1890.(Section 47)

 

            The property of a landholder who has been made a ward under the orders of the local Government cannot be released without its order; but the court may relinquish charge of his persons at its pleasure. (Section 44)

 

682. Publication of orders. The orders by which the Court of Wards assumes and relinquishes charge of the person or property of a landholder are published in the Government Gazette.( Section 9 and 50)

 

683. Provision to meet case of joint owners. When the landholder declared to be a ward is joint owner of property with other the court may take charge of the whole property.( Section 8) But as will be shown here after , its power of de align with such property is subject to restrictions. Again if a person who has ceased to be subject to its jurisdiction owns property jointly with another person who is still in ward, the court may retain the whole under its care. ( Section 46) This is very useful provision. It obviates the difficulty which arose under the old law, when several brothers were wards and one of them was released from tutelage on attaining his majority . When the court manages property not belonging  to a ward it is bound to make over the surplus income to its owner.( Section 8 and 46)

 

684. Wardship may extend only to property. As already indicated the superintendence of the court may extend only to the property of the ward, or to both his property and his person.(section 6 and 7) .

 

685. Disabilities of ward. A ward cannot purchase on credit, borrow money, or transfer his property by lease, mortgage ,sale or gift. (Section 15(a)) He cannot make a will adopt an heir, or give permission to adopt.( Section 15(b)) He can only use under the authority of the court(Section 20(1)) and he cannot be used without the court being made a defendant, (Section 20(2)) and without two months notice having  previously been given to the Deputy Commissioner.(Section 19)

 

686. Disabilities extending beyond release.  A ward’s disabilities do not in all cases come wholly to an end on his release . A landholder who was made a ward at his own request or as a consequence of  his extravagant habits  cannot, after his release from the superintendence of the court, make any transfer of this property for a term extending beyond his own like. (Section 16(1)).

 

687. Powers of court as regards ward’s property. All property which the ward possesses in the Punjab at the date of the order by which the court assumes charge, and all property  in the Punjab which the ward may subsequently acquire vests in the court , which however , has discretion as to taking he superintendence of any property fo the latter class not received by inheritance.( Section 13) The Act only extends to property in the Punjab ;  property owned by a ward is an other province is not affected by its province, the authorities in that province must be moved to take the necessary action under the local Act. The court has for the item being all the powers of a landowner. It can even sell the whole of the property if it thinks that to do so would be the ward’s  advantage.( Section 17(1)) Of course permanent alienation of any part of the ward’s landed property is usually to be avoided. But the sale of outlying or isolated portions of an estate as part of a scheme for the liquidations of debt may be sound policy. The court cannot sell or mortgage the share of a joint proprietor who is not himself a ward, or grant a lease  of it for more than twenty years.( Section 17(2)) In this connection it must be borne in mind that jagirs notified under the Punjab Jagirs Act, V of 1941 , cannot be attached and are, therefore, of no value as legal security.

 

688. Management may continue after death of release of ward. The cessation of legal disability , or even the death or a ward, does not in every case free his property from management. If still encumbered with debt  it may, with the sanction of the local Government, be kept under the charge of  the Court till all the debts have been discharged.(Section 45)

 

689. Powers of court over ward’s person. When the court has taken charge of the person of a ward it can fix his place of residence and in the case of minor male ward, has complete control of  his education. (Section 24) This control has been delegated to Deputy Commissioners .(See paragraph 696 of this Manual)

 

690. Ascertainment of debts. To free an estate from a load of debt is too often one of the chief tasks of the court of Wards. The first step is to ascertain exactly what the liabilities are. The 6th Chapter of the Act provided a means of doing this promptly and a notice calling on all creditors to present within six months their claims with the documents on which they rely for their establishment.(Sections 26 and 27) Subject to the provisions of section 7and 13 of the Indian Limitation Act, XV of 1877, claims not filed in time without reasonable excuse of the sufficiency of which the Deputy Commissioner is judge are ipsofacto extinguished.(Section 29) Suits and executions against the wards , estate pending at the time are stayed until the plantiff or the decree holders files a certificate that the claim has been duly notified. (Section 3(2) . Compare section 31(3) barring fresh proceeding in execution.)

 

691. Deputy Commissioner must determine amount due and may rank the debts. It is the duty of the Deputy Commissioner to examine in to the truth of each claim, and to determine the amount due. (Section 28) He cannot of course disallow any sum already decreed and still unpaid. (Section 3(1)) He has further to decide in cases in which immediate payment is impossible the rate of interest, if any , to be allowed in future, (Section 28) and he may, if the thinks fit rank the debts in the order in which they are to be paid, and fix a date for the discharge of each.(Section 32(1)) . Debtors will often accept a composition favourable to the ward if, by doing so, they can procure a prompt settlement of accounts.

 

692. Remedies open to creditor. The Deputy Commissioner’s decisions are not subject to appeal , but they may be revised by the Court of Ward. (Section 33) No civil suit lies to set aside the order of Deputy Commissioner ranking debts or fixing dates for their discharge. But, if he has wholly rejected a claim or reduced its amount , the aggrieved party may bring a civil action, in which the court of wards will be defendant to impeach the correctness of the decision.( Section 32) In such a suit no document which the palintiff failed to produce before the Deputy Commissioner, through it was in his power to do some can be received in evidence.( Section 30)

 

693. Appointment of tutors, guardian and mangers. The 7th chapter of the Act provided for the appointment of tutors , guardians and managers , and explains their duties and obligation Subject to the control of the court, a guardian has charge of the person of a ward, and a manager of his property.(Section 35 and 38) It is often well to consult the friends or relations of a ward as to the choice of manager since a fit private person may sometimes be available. In the case of large estates, however, where a  specially competent manager is required, a Government servant should generally be selected. In all case , the interest  to be considered are those of the ward and not those of any friend or relation or other candidate for the post. There is no reason why in suitable cases the two offices of guardian and manager should not be united in a single person. A guardian can only be appointed for the care of a ward. Who is a minor, or an unmarried female, or insane, or suffering from some physical or mental infirmity.(Section 35) The next heir of a ward or a person immediately interested in outliving him cannot be his guardian. (Section 36) If no guardians or manager is appointed by the court, their powers are exercised by the Deputy Commissioner.

 

694. Preliminary report and scheme of management. When a Deputy Commissioner has made up his mind that an estate should be brought under the court of Wards, he submits his proposals in a preliminary report, which is followed as soon as possible by a detailed scheme of management . Orders on the subject will be found in paragraphs 4 and 5 of the Financial Commisisoner Standing Order No. 33.

 

695. Court of Wards rate. (1) A rate is levied on the income of estates managed by the Court of Wards under the authority of section 3 of the Government Management of Private Estates Acct (X of 1892) . The income is intended to cover the cost of all ordinary Government establishments in so far as these have to devote part of their time to Court of Ward’s business. This is of course does not include any staff recruited solidly for the management of any estates or group of estate. Such a staff is paid out of the income of the estate or estate which employ it. The case also covers the share of any contingent expenditure of Government offices, which would otherwise be debatable to the Court of Wards. For the present the rate has been fixed as follows :-

(a)    on gross income up to Rs. 5000 per annum 5 percent.

(b)   On excess upto Rs. 10000 per annum, 4 percent

(c)    On further excess upto Rs. 20000 per annum, 3 percent.

(d)   On further excess above Rs. 20000 per annum, 2 percent.

(2) Gross income is defined in section 2(2) of the government Management of private Estates Act, 1892, as follows:-

            “Gross income includes all receipts of every kind in produce or cash , except money borrowed , recoveries of principal and the proceeds of sale of immovable property or movable property classed as capitals.

 

696. Education of wards.  The education of wards for good family has always been difficult problem. There can be no question in these days as to the kind of knowledge to be arity with Western ideas and modes of thought , which is becoming the common property of all educated Indians. But a young Indian  leaving conservative home surroundings to receive such an education is very much in the position of a young Englishman in the sixteenth century faring to Rome of Padaua to reap the fruits of the Renaissance. We know what the result was in the case of our own countrymen , and we need not wonder if similar disappointments often occur in modern India. Yet the risks of home education are greater and though a body’s relatives commonly urge its advantages, there can in most cases be no doubt that their wishes should be overruled. At best an Eastern home for a fatherless boy of good position and large means is not a school for the development of the mainly virtues; at worst it means an entourage of women trying to keep him in the zanana and of flatterers outside. The general rule that has been laid down therefore is that as far as possible every ward of an age for other than primary education shall , if he is the son or near relative of a hereditary darbari be sent Queen Mary’s College at Lahore as a preliminary to sending him to the Chiefs” college. If the estate is too poor to bear the expense or if there are nay other reasons  against its adoption, the circumstances should be reported to the Financial  Commissioner when the ward has reached the age of 5 years the lowest age at which boys are received at Queen Mary’s College. The annual expenses of education  at the Chiefs College run to some Rs. 2400 but it is often possible to arrange that the boy shall hold a scholarship. The fees paid by wards of Court have now been as similated to those paid by ordinary pupils at the College. When education  at the Chiefs” College is not practicable and a private tutor is not employed a ward should be sent to one of the Government Schools.(See also paragraph 16 of Standing order No. 33) For the reason  stated above private tuition is not usually to  be recommended ; but the week health of a ward or other special circumstances  some times leave no choice in the matter. Although the court of wards is not  empowered to issued orders compusorily directing the education of female wards the Deputy Commissioner  should where possible  satisfy himself that  suitable arrangements are made. Where  funds admit and relations agree Queen Mary’s College provide a very suitable education.( See also paragraph 18 of Financial Commissioner’s Standing Order No. 33)

 

697.    Investments in improvements. As the accumulation of large cash balances or of readily realizable securities merely provides a temptation to a ward on release from control, it is desirable that surplus funds should be employed on the improvement of the estate and on bringing  all buildings etc, into a through state of repair. The advantages to be derived from digging wells tanks, embankments or drains should be  carefully considered and all measures which the agricultural department  can recommend for the improvement of the soil, or for enhancing the security of the crops and the prosperity of the tenancy should be carried out as funds permit. Attempts should also made to effect improvement of the cattle under the advice of the veterinary department. It is not intended that estates under the Court of Wards should be run on model lines; but whatever  an intelligent and enterprising landowner would be ready to spend money on in his own estate, may be object of expenditure by Court. Where Government has provided a body of experts to advice on agricultural matters, there need be little hesitation in taking full advantage of their advice to effect all promising improvements in the estate. The Government of India have especially advised the liberal supply of advances to cultivators upon the ward’s estate in the shape of either money, seed, or cattle, on the security of long leases and conditional on the payment of enhancement rent. (Government of India, Revenue and Agricultural Department , resolution No. 2771 –79 dated 31st December 1891. Also see paragraph 27 standing Order No. 33) In fact the expenditure should be on objects on which a wealthy and thoroughly intelligent landowner living in the neighborhood would be ready to spend money in the case of his own estate.

 

698.    In purchase of mortgage of lands. Following the improvement of a ward’s own estate come investments in the purchase  or taking on mortgage or lands, which should , as a rule be situated in reasonable proximity to the main estate. It will often be found that the difficulties involved  in the management of property situated at a distance from the managing center e.g., in one of the canal colonies. Are such as to render this form of investment inadvisable; but where these difficulties can be obviated, and auctions are advertised , inadvisable; but where these difficulties can be obviated, and auctions are advertised, proposals may be submitted for the purchase at auction of Government lands in the colonies. Where the lands to be acquired are not the property of Government; it is essential  to see that the vendor’s or mortgagor’s title is unimpeachable.

 

It is  to be observed that rule (II) under section 4(3) of the Act, part I( see page 93 of Volume II ; Punjab Land Administration Acts ) Gives the Deputy Commissioner power to execute and register instruments on behalf of the Court of Wards; but before this power is exercised , care should be taken to see that the sale , mortgage or lease in question has received the sanction of competent authority . Under rule (2) the Deputy Commissioner may himself fix the form of lease to be given in certain cases. In other cases  the form of instrument must be approved  either by the Financial Commissioner or by the Commissioner. (Rule (3 part II of the Rules under section 4(3) of the Act(see page 94 of Volume II, Punjab Land Administration Acts).It is necessary to lay particular stress on the fact that on no account should loans be advance in the interest of the borrower but solely, as laid down in section 17(1) of  the Act for the advantage of the ward. Particular instructions in this respect are given paragraph 31 of Standing Order No. 33.

 

699.    In purchase of government paper. The third form of investment is the purchase of Government promissory notes, but this is not only intended to be a convenient course to be adopted pending the occurrence of an opportunity to invest in less easily realizable  securities. In the absence of any special reason to the country , all sum belonging to wards exceeding Rs. 500 and not required for investments in improvements or in land or for current expenses should be invested in Government paper until some letter investment can be secured. (See also paragraph 30 of Financial Commissioner’s Standing Order No. 33)

 

700.    Treatment of tenants. The treatment of the tenants in an estate managed by the court or wards should be an example to neighboring landowners . Undue enhancement of rents must be avoided . There is often more than a mere business relation between land owner and cultivator –as is testified to by the favourable rents which tenants not infrequently enjoy and it is inexpedient to reduce all to a uniform level, and to abolish privilege which the proprietor himself  would wish to preserve. A system of cash rents undoubtedly reduces the difficulties of management and renders accounts easier to keep and Government in the case of tits own lands almost  invariably adopts a cash rent system. But local circumstances and the custom of the estate must be considered. The practice of putting leases up to  competition is forbidden. No estate can be let in farm without the sanction of the Financial Commissioner which will rarely , if ever be given as the practice leads to rack renting of cultivating tenants and other evils connected with the employment of middle men. Government Favor a policy of selecting suitable lessees and conferring on them a tenure of sufficient duration  to offer an inducement towards the improvement of the land. Short term leases induce a lessee to make the most out of the land while he can. As already stated the grant of loans to tenants is a useful way of investing surplus funds but tenants will not taccavi to carry out improvements unless they enjoy in some degree stability of tenure. Section 18(2) of the Act which makes convenience , entered into the court binding on the ward; after the property has been released from superintendence, gives the necessary basis for the policy here set forth.

In dealing with the subject of tenants , it should be remembered that where the interests of both parties coincide, no efforts should be spread to foster these. The use of pure seed , of improved implements, or manure and of good bulls are examples, and these deserve full encouragement. Managers are apt to be some what slow to adopt any measure which is not hallowed by custom., and hesitate to embark on the campaign for improvement when this involves extra work. Deputy Commissioners should endeavor to secure for the estate all advantages which science can bring.

 

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