(No. 1 of 2008 Bk.)
PEPSU COURT OF WARDS ACT,
2008 BK.
(PEPSU ACT. NO. 1 OF 2008 BK.)
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Year |
No. |
Short Tittle
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Whether affected by Legislation |
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2008 Bk. |
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The Pepsu Court Ward Act, 2008 Bk. |
Amended by Punjab Adaptations of Laws (State and
Concurrent subjects) Orders, 1968. |
An Act to amend the law relating to the Court of Wards in the State of Patiala and East Punjab States Union.
WHEREAS it is expedient to amend the law relating to the Court of Wards in the 1[Territories
of the State of Punjab which, immediately before the 1st November, 1956, formed
part of the State of Patiala and East Punjab States Union];
(1Substituted for
"State of Patiala and East Punjab States Union" by Punjab Adaptation
of Laws (State and Concurrent Subjects)order 1968.
It is hereby enacted as follows:-
1. Short title, extent and commencement: -
(1)
This
Act may be called the Pepsu Court of Wards Act, 2008.
2(2) It extends to the territories of the State of Punjab which,
immediately before the 1st November, 1956, formed part of the State of Patiala
and East Punjab States Union.]
(2 Sub-section (2) Substituted by ibid,)
(3)
It
shall come into force form the date of its publication in the official Gazette.
(1) The
Patiala Court of Wards Act, 2000, is hereby repealed:
Provided that all rules and appointments made, notifications and orders issued, authorities and powers conferred, farms and leases granted, rights acquired, liabilities incurred and other things done under the Act hereby repealed shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, acquired, incurred and done under this Act.
(2)
Any
enactment or document referring to the Patiala Court of Wards Act, 2000, shall,
so far as may be, be construed to refer to this Act or the corresponding
portion thereof.
In this Act, unless there is anything repugnant in the subject or context,-
(a)
"Financial
Commissioner" includes any person exercising the powers of the Financial
Commissioner;
(b)
"Government"
means the Government of the State of 1[Punjab];
(1Substituted
for "Patiala and East Punjab States Union" by the Punjab Adaptation
Laws (State and Concurrent Subjects), Order 1968.
(c)
"immovable
property" includes land, benefits to arise out of land, and things
attached to the earth or permanently fastened to anything which is attached to
the earth, but does not include growing crops or grass;
(d)
"land-holder"
means a person who possesses any interest in land, whether as proprietor,
assignee of the land revenue, lessee of waste lands or otherwise;
(e)
"minor"
means a person who has not, within the meaning of the Patiala Majority Act,
1997, attained his majority;
(f)
"ward"
means any person in respect of whose person, or the whole or any part of whose
property, or of whose person and property, the Court of Wards by this Act
constituted for the time being has assumed superintendence, but does not
include a joint proprietor the superintendence of whose property has been
assumed by the Court of Wards under section 8.
THE COURT OF WARDS AND ITS JURISDICTION
4. Constitution of the Court
of wards and its jurisdiction: The Financial Commissioner
shall be the Court of Wards for 1[territories to which this Act
extends].
(1Substituted for "State
of Patiala and East Punjab States Union" by Punjab Adaptation of Laws (State
and Concurrent Subjects) Order, 1968.
(2) The Court of Wards may
exercise all or any of the powers conferred on it by this Act either direct or
through the Deputy Commissioner of the district within the limits of which any
ward may at any time reside or any part of the property of any ward may be
situate or through any other person whom it may at any time, in respect of any
ward or the whole or any part of the property of any ward, appoint in that
behalf.
(3) The Court of Wards may, with
the sanction of the Government from time to time, by general or special order,
or by rule made under this Act, delegate any of its powers to any Deputy
Commissioner or other person as aforesaid, and may at any time, with the like
sanction, revoke any such delegation.
(4) The powers and authority by
this Act vested in the Court of Wards shall be exercised by it subject to the
control of the Government.
5.
Power of Government to make
order, in certain cases, directing the Court of Wards to assume superintendence
of properties of land-holders: (1) - Any land-holder may apply to the Government to make
an order directing that his property be placed under the superintendence of the
Court of Wards, and, upon receiving any such application, the Government may,
if it considers it expedient in the Public interest so to do, make an order
accordingly.
(2) When it appears to the Government that any land-holder is:-
(a)
by
reason of being a female, or
(b)
owing
to any physical or mental defect or infirmity, or
(c)
Owing
to his having been convicted of a non-bailable offence and to his vicious
habits or bad character, or
(d)
Owing
to his having entered upon a course of wasteful extravagance likely to
dissipate his property.
Incapable
of managing or unfitted to manage his affairs, the Government may make an order
directing that the property of such landholder be placed under the
superintendence of the Court of Wards.
Provided that such an order
shall not be made on the ground stated in clause (c) or on the grounds stated in clause (d) unless such land-holder belongs to a family of political or
social importance and the Government is satisfied that it is desirable, on
grounds of public policy or general interest, to make such order.
(3) Every order made by the Government under
sub-section (1) or sub-section (2) shall be final and shall not be
called in question in any court.
6. Power of Court of Wards of
its own motion to assume superintendence - When any land-holder is minor or
a person adjudged by a competent court to be of unsound mind and incapable of
managing his affairs, the Court of Wards may make an order assuming the
superintendence of the property, or the person and property, of such
land-holder.
7. Court of Wards to assume superintendence where
order made under section 5 and to exercise discretion when Deputy Commissioner
appointed guardian: - (1) When in respect of any
land-holder, an order is made by the Government under sub-section (1) or sub-section (2) of section 5, the Court of Wards shall assume the
superintendence of the property of such land-holder, and may in its discretion
also assume the superintendence of his person.
(2) When the Deputy Commissioner is appointed or declared to be guardian of
the person or property, or both, of a minor, under the provisions of section 18
of the Patiala Guardians and Wards Act, 2002, he shall intimate the fact to the
Court of Wards, and the Court of Wards may thereupon in its discretion, either
assume or refrain from assuming, the superintendence of the person or property
or both (as the case may be) of such minor, and the provisions of this Act
shall, if such superintendence be so assumed, apply to the person or property,
or both (as the case may be), of such minor.
8. Properties of which there are more proprietors
than one- When there
are two or more proprietors of any property and the shares of the several
proprietors have not been separated off, and the Court of Wards, acting under
section 6 or section 7, assumes the superintendence of the property of one or
more, but not all of such proprietors, the Court of Wards may assume the
superintendence also of the shares of such joint-proprietor or
joint-proprietors as is or are not disqualified, paying any such proprietor the
surplus income accruing from his share of the property. The superintendence
assumed under this section shall extend only to the management of the share of
the joint proprietor in such joint property and shall not as regards such share
include the power to sell or mortgage the same or any part thereof or to grant
a lease thereof for a period exceeding twenty years or to create any charge
thereon or interest therein.
9. Notification of assumption of superintendence - Whenever the Court of Wards
assumes the superintendence of the person or property of any person under any of
the provisions of this Act, the order of assumption shall be notified in the
official Gazette and shall specify the district, the Deputy Commissioner of
which shall be put in charge on behalf of the Court of Wards.
10. Operation and finality of orders made under section 6,7 and 8 - Every order made by the
Court of Wards assuming, under sections 6,7 and 8, respectively, the
superintendence of the person or property, or both, of any person, shall take
effect from the date fixed in this behalf in the notification published under
section 9, and shall be final and shall not be called in question in any Court.
INQUIRY AND ACTION PRECEDING
ASSUMPTION OF
SUPERINTENDENCE
11. Inquiry by Deputy Commissioner to satisfy
himself whether action should be taken under the Act - (1) For the purpose of
satisfying himself as to whether, in respect of any landholder.
(a) The Government should be moved to make an
order under sub-section (2) of
section 5, or
(b) The Court of Wards should be moved to make
an order under section 6, or for the purpose of making any report which may be
called for in connection with any application of a land-holder under
sub-section (1) of section 5, the Deputy Commissioner may
make such inquiry into the circumstances of such land-holder as he may deem
necessary, and pending the taking of any such action, may issue such orders for
the temporary custody and protection of the person or property, or both, of
such land-holder, as he thinks fit.
(2) If the land-holder is a minor,
the Deputy Commissioner may direct that the person, if any, then having the
custody of the minor, shall produce him, or cause him to be produced, at such
place and time as the Deputy Commissioner appoints, and may make such order for
the future custody of the minor pending the orders of the Court of Wards, as he
thinks proper.
(3) If the minor is a female who
ought not to be compelled to appear in public the direction under sub-section (2) shall require her to be produced in
accordance with the manners and customs of the country.
(4) If
the land-holder is alleged to be or is of unsound mind. the Deputy Commissioner
shall make application to a competent court with a view to an inquiry being made
by such court for the purpose of ascertaining whether such person is or is not
of unsound mind and incapable of managing his affairs.
12. Procedure in inquiries - (1) For the purposes of every
inquiry to be made, or direction to be given, in pursuance of any of the
provisions of this Act, the Deputy Commissioner may exercise all or any of the
powers of civil court under the Code of Civil Procedure, 1908, in force mutatis mutandis in the State.
(2) For the purpose of protecting the property, or any
part thereof, of any land-holder, pending an inquiry under sub-section (1) of section 11, the Deputy
Commissioner may, subject to the direction and control of the Court of Wards,
take possession thereof and appoint a manager and such care-takers in respect
thereto as he may deem fit.
WARDSHIP AND ITS CONSEQUENCES
13. Vesting of property of
ward in the Court of Wards - (1) Upon the publication of a notification under section
9, in respect of the property of any person the whole of such property, at the
date of the notification, shall vest in the Court of Wards, and shall remain so
vested until the Court of Wards shall by notification under section 50, divest
itself of the superintendence of the whole or any part thereof, or is otherwise
divested of such superintendence in due course of law.
(2) All rights accruing to and
property inherited by or vesting in any ward after the publication of
notification under section 9, and while the property of such ward is under the
superintendence of the Court of Wards, shall vest in the Court of Wards:
Provided that the Court of
Wards may, in its discretion, assume, or refrain from assuming the
superintendence of any property which any ward may acquire otherwise than by
inheritance, subsequent to the date of the notification published under section
9.
14. Non-liability of land
vested in the Court of wards to sale for arrears revenue. Disabilities of wards
- No land under the
superintendence of the Court of Wards shall be sold for arrears of revenue
accruing while such land is under such superintendence,
15. No ward
shall be competent - (a) To transfer or create any
charge on, or interest in, the whole or any part of his property, which is under
the superintendence of the Court of Wards, or to enter into any contract which
may involve him in pecuniary liability:
Provided that nothing in this clause shall be deemed to affect the capacity of a ward to enter into a contract of marriage : but he shall not incur, in connection therewith, any pecuniary liability, except such as, having regard to the personal law to which he is subject, and to his rank and circumstances, the Court of Wards may, in writing, declare to be reasonable;
(b) With the previous sanction, in writing, of the Court of Wards,
(1) to adopt, or (2) to give permission to adopt, or (3) to dispose of any
property by will.
16. Continuing disabilities
certain cases - (1) When
the property of any land-holder, in respect of whom an order has been made
under sub-section (2) or on the last
ground stated in sub-section (2) of
section 5, is released from the superintendence of the Court of Wards, such
land-holder shall not be competent, without the previous sanction of the
Government, to alienate the whole or any part of immovable property which has
been so released, in any way, or to create any charge upon any such property
extending beyond his life-time, and every transfer made or attempted to be made
or charge created or attempted to be created, in contravention of this
provision shall be void.
(2) No suit shall be brought
charging any person upon any promise made after he has ceased to be a ward to
pay any debt contracted during the period when he was a ward, or upon any
ratification, made after he has ceased to be ward of any promise or contract
made during the above period, whether there shall or shall not be new
consideration for such promise or ratification.
17. Power of Court of Wards to
act on behalf of wards and to deal with their properties - (1) The Court of Wards may at
any time mortgage or sell the whole or any part of the property of ward, and
may grant leases or farms of the whole or any part of such property for such
terms as it thinks fit, and may make such remissions of rental or other arrear
and may generally and from time to time pass all such orders and do all such
acts, not inconsistent with the provisions of this or any other enactment for
the time being in force, as it may deem to be for the advantage of the ward or the
benefit of his property.
(2) The Court of Wards may, for the purpose of raising a loan for the
benefit of a ward or his property, hypothecate, with the consent of the
Government, any jagir, muafi, pension or assignment of land revenue held by the
ward.
18. Deeds and other instrument
- (1) All deeds, contracts or
other instruments executed by the Court of Wards in the exercise of its powers
of superintendence under this Act, shall be executed by the Court of Wards in
its own name.
(2) Covenants entered into by
the Court of Wards shall be binding on the Court of Wards only so long as the
ward or the property affected by such covenants remains under its
superintendence and only to the extent of such property; and such covenants
shall be binding of the ward or on the person entitled to such property after
the ward or the property or both (as the case may be) shall have been released
from superintendence.
19. Notice of
suit - No
suit or decree relating to the person of any ward or to any property under the superintendence
of the Court of Wards shall be instituted or executed in any civil or revenue
court until the expiration of two months after notice in writing has been
delivered to or left at, the office of the Deputy Commissioner of the district
specified in the order of assumption in the notification under section 9,
stating the name and place of abode of the intending plaintiff or
decree-holder, as the case may be, and such other particulars as may be
prescribed by rules made under this Act, and the plaint or application for
execution shall contain a statement that such notice has been so delivered or
left..
Provided that notice under this section shall not be required in the case of any suit the period of limitation for which will expire within three months from the date of the notification under section 9.
20. Suits to be in name of
Court of Wards - (1)
No suit by or on behalf of a ward or affecting any property under the
superintendence of the Court of Wards shall be brought without the authority of
the Court of Wards or of such officer as it may appoint in that behalf, and in
every such suit brought with such authority the Court of Wards shall be named
as plaintiff.
(2)
In every suit against a ward or affecting property under the superintendence
of Court of Wards the Court of Wards shall be named as the defendant.
(3) Suit brought by or against any Court of Wards may be instituted
and conducted or defended on behalf of the Court of Wards by the Deputy
Commissioner of the district specified in the order of assumption in the
notification under section 9, or by the manager or other person authorised, by
general or special order or rule made under this Act, in that behalf, by the
Court of Wards.
GENERAL PROVISIONS AS TO THE SUPERINTENDENCE
OF THE PERSONS AND
21. Court of Wards assuming
superintendence of the property to take possession thereof. Procedure as to
property situate in other districts - As soon as conveniently may be after the assumption,
by the Court of Wards, of the superintendence of the property of any person,
the Deputy Commissioner of every district within which any part of such
property may be situated, or some person authorised, in writing, by him in this
behalf, shall take possession, of all such property and all accounts and papers
relating thereto, and shall do all other acts and things which may be necessary
to secure and protect the same and place it under proper custody and control.
22. Powers of Court of Wards
as to superintendence and control Audit of accounts and management of legal
affairs of wards and properties - The Court of Wards may from time to time direct such provision as it may
think fit to be made in respect of the:-
(1) Superintendence and supervision of the
persons of the wards and properties under its superintendence;
(2) Periodical or special audit by an
independent auditor, of the accounts of properties generally, or of any
particular property, as it may think fit;
(3) Management of the legal affairs of
properties generally, or of any particular property, as it may think fit.
23. Power of Court of Wards to
charge expenses against properties under its superintendence 0 The Court of Wards may
from time to time regulate the expenses to be incurred in the supervision care
and management of the wards and properties under its superintendence, and generally in carrying out all or any of
the purposes of this Act, and may order that such expenses, or any of them
including all salaries, gratuities and leave allowances of establishments and
all contingent and other expenses whatsoever which it shall consider requisite,
be charged against such property generally, or against any one or more
properties comprised in such property for the purposes of which such
establishments are, or have been, entertained or such expenses have been
incurred.
24. Residence and education of
wards - (1) The Court of Wards may
pass such orders as it thinks fit in respect of the residence of any ward whose
person is for the time being under its superintendence, and, when he is a male
minor, in respect of his education.
(2) The Court of Wards may from time to time require any such male
minor ward to attend such tuitor, class, school or college, for the purposes of
education, as it thinks fit.
25. Allowance
for ward and the his family: - (1) The Court of Wards may
from time to time determine what sums shall be allowed in respect of the
expenses of any ward and of his family and dependants.
(2) The Court of Wards may from time to time determine what sums
may be spent on the education of any minor ward whose person is for the time
being under its superintendence.
ASCERTAINMENT AND LIQUIDATION
OF
26. Notice to claimants: -(1) On
the publication of a notification under section 9, the Deputy Commissioner whom
the Court of Wards may appoint in that behalf, shall publish in the official
Gazette a notice, in both the English and the Punjabi or Hindi Languages,
calling upon all persons having claims against the ward or against the property
under the superintendence of the Court of Wards to notify the same in writing
to such Deputy Commissioner within six months from the date of the publication
of the notice.
(2) The
notice may also be published at such places and in such other manner as the
Court of Wards may, by general or special order, direct or by rule, made under
this Act, prescribe.
(3) The Deputy Commissioner may, if he is satisfied that any
claimant had reasonable excuse for not submitting his statement of claim within
six months receive his claim at any time after the expiry of the period
aforesaid, but any claim so received shall, unless the Deputy Commissioner
otherwise directs and notwithstanding any law, contract, decree or award to the
contrary, cease to carry interest from the date of the expiry of the period
aforesaid.
27. Presentation of
claims: - (1) Every
claimant shall together with his statement of claim, present full particulars
thereof.
(2) Every
document (including entries in books of account) on which the claimant founds
his claim, or on which he relies in support thereof shall be produced before
the Deputy Commissioner with the statement of claim.
(3) Every such document shall be accompanied by a true copy of the
same. The Deputy Commissioner, or such officer as he may appoint in that
behalf, 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 original to the claimant.
28. Examination into admission
and rejection of claims - The Deputy Commissioner shall, after such inquiry as he may consider
necessary, decide as to each claim made against any ward or property, in manner
in section 26 and section 27 provided, whether such claim is either in whole or
in part, to be admitted or disallowed, and shall intimate, in writing, his
decision in respect of each such claim to the claimant thereof. If such
liabilities cannot be paid at once the decision shall fix the interest, if any,
to be paid thereon from the date of such decision to the date of the payment
and discharge of such claim.
29. Bar of claims not duly
notified - Every debt
or liability (other than debts due to or liabilities incurred in favour of the
Government) to which any ward is subject, or with which any property under the
superintendence of the Court of Wards or any part thereof is charged, and which
is not duly notified to the said Deputy Commissioner within the time and in the
manner here in before prescribed, shall, subject to the provisions of section 7
and section 13 of the Patiala Limitation Act, 1969, be deemed for all purposes
and on all occasions, whether during the continuance of the superintendence of
the Court of Wards or afterwards to have been duly discharged.
Provided that the provisions of this section shall not be deemed to extinguish any such debt or liability in any case in which the Court of Wards, after assuming the superintendence of such property, releases the same from the superintendence without ascertaining and dealing with the liabilities thereof as in this chapter provided in that behalf and that in any such case, in computing the period of limitation applicable to any such suit or application for the recovery of any such debt or the enforcement of any such liability, the time from the date of the notification of claim under section 26, to the date of the release of the property from the superintendence of the Court of Wards, shall be excluded.
30. Exclusion
of documents not produced - If any document in the possession or under the
control of the claimant is not produced by him as required by section 27, such
document shall not be admissible in evidence in any suit or proceeding
thereafter brought against a ward or as affecting any property under the
superintendence of the Court of Wards by the claimant, or by any person
claiming under him.
31. Decrees
against wards or their properties and their execution: - (1) Nothing
contained in this chapter shall be deemed to empower the Deputy Commissioner to
disallow any claim, notified under sector 26, which is based upon a decree
passed by any competent court, and any such decree may be proved by the
production of a certified copy of the same accompanied by a certificate from
the proper court that such decree remain unsatisfied.
(2) On the publication of a
notice under section 26, all suits and all proceedings in execution of any
decree against a ward or as affecting any property under the superintendence of
the Court of Wards then pending in any civil court, shall be stayed.
(3) No suit or proceeding shall be continued or revived in any such
Court until the expiration of six months from the date of the publication of
the notice under section 26, and until the expiration of two months after
notice in writing has been delivered to, or left at, the office of the Deputy
Commissioner of the district specified in the order of assumption in the notification
under section 9, stating the name and place of abode of the plaintiff or
decree-holder, as the case may be and such other particulars in respect of the
suit or decree as may be prescribed by the rules made under this Act, and every
application for the continuance or revival of the suit or proceedings and every
application for the institution of fresh proceedings in execution of such
decree shall contain a statement that the provisions of the this sub-section
have been complied with:
Provided that no suit or
proceedings in execution of any decree shall at any time be brought or be
maintainable:-
(a)
In respect of any claim which has not been so notified; or
(b)
To set aside or modify the order, if any, of a Deputy Commissioner
fixing a date for the payment of such claim or regulating the order in which
claims against the ward or properties under the superintendence of the Court of
Wards shall be paid.
32. Saving of
right to use in certain case: (1) Subject to the provisions of
section 19 and section 31, nothing in this chapter shall be construed as
preventing any claimant from bringing or prosecuting any suit or executing and
decree, in any competent court, in respect of any claim which has been duly
notified, within the time and in the manner hereinbefore prescribed to the
Deputy Commissioner, and which has whether in whole or in part, been disallowed
by him:
Provided that no suit or
proceedings in execution of any decree shall at any time be brought or be
maintainable:-
(a) In respect of any claim which has not been
so notified; or;
(b) To set aside or modify the order, if any
of a Deputy Commissioner fixing a date for the payment of such claim or
regulating the order in which claims against the ward or properties under the superintendence
of the Court of Wards shall be paid.
(2) In computing any period
of limitation prescribed by the law of limitation in force for the time being
in the State, or section 48 of the Civil Procedure Code, every period during
which proceedings have been stayed or temporarily barred by reasons of the
provisions of this section or of section 31 shall be excluded.
33. Appeal
and revision - No appeal shall lie from any decision given or order made by a Deputy
Commissioner under this chapter, but nothing in this section shall be deemed in
any way to limit or interfere with the power of the Court of Wards to revise
any such decision or order.
34. Government
may confer the powers of Deputy Commissioner on any person: For the purpose of this
chapter, the Government may, at any time or at stage of any proceedings
thereunder, invest any person with all or any of the powers of a Deputy
Commissioner.
GUARDIANS AND MANAGERS
35. Appointment removal of and
control of guardian and tutors: - (1) The Court of Wards may from
time to such wards as are minors or of unsound mind, or are suffering from any
physical or mental defect to infirmity, or are females and unmarried, and may
control and remove such guardians; and no appointment of a guardian for any
ward shall be valid unless and until it has been confirmed by the Court of
Wards.
(2) In
appointing a guardian under this section, the Court of Wards shall be guided,
as far as may be, by the provisions of section 17 of the Patiala Guardians and
Wards Act, 2002 (V of 2002), and if a ward leaves or is removed from the
custody of a guardian appointed under this section, the Deputy Commissioner of
the district specified in the notification issued under section 9 may exercise
the powers conferred by section 25 of the said Act on a court as defined in
that Act.
(3) The Court of Wards may
appoint any person to be the tutor of any minor male ward and may control and
remove such tutor. Every tutor so appointed shall discharge such duties and
regulate his conduct in such manner as the Court of Wards may from time to time
direct.
36. No person
who can succeed to ward to be appointed guardians: - No person who would be the
next legal heir of a ward, or would otherwise be immediately interested in
outliving a ward, shall be appointed to be his guardian; but nothing in this
section shall apply to the mother of a ward or to a testamentary guardian.
37. Duties
and responsibilities of guardian: -A guardian appointed under this chapter shall be
charged with custody of the ward, and shall subject to the supervision and
direction of the Court of Wards, and the rules made, under this Act, in that
behalf, make suitable provision for his maintenance, health and, if he be a
minor, his education and such other matters as the personal law to which the
ward is subject, requires and shall:-
(a) give such security, if any, as the Court
of Wards thinks fit for the due performance of his duty;
(b) submit such accounts as the Court of Wards may direct;
(c) pay the balance due from him thereon;
(d) continue to be liable to account to the
Court of Wards, after he has ceased to be guardian, for his receipts and
disbursements during the period of his guardianship;
(e) apply for the sanction of the Court of
Wards to any act which may involve expenses not previously sanctioned by it;
and
(f) be entitled to such salary or allowance,
to be paid out of the proceeds of the property of the ward, as the Court of
Wards thinks fir, in respect of the execution of his duties as such.
38. Appointment,
control and removal of managers: -The Court of Wards may appoint one or more managers
for any properties under its superintendence and may control and remove such
manager.
39. Powers of
manager: -A
manager appointed by the Court of Wards shall, subject to the supervision and
direction of the Court of Wards, and the rules made, under this Act, in that
behalf, have power to collect the rent of the lands placed under his charge as
well as all other money due to the ward or person whose property he manages,
and to grant receipts therefor; and he may, subject to the same supervision,
direction and rules, grant and renew leases and farms, and do all such lawful
acts as he may be generally or specially authorized by the Court of Wards to do for the good management
of the property.
40. Duties
and responsibilities of managers: -Every manager appointed by the Court of Wards, shall
subject to the supervision and direction of the Court of Wards, and to the
rules made, under this Act, in that behalf, manage the property or properties
placed under his charge diligently and faithfully, and he shall:-
(a) give such security, if any,
as the Court of Wards thinks fit, duly to account for what he may receive in
respect of the rents and profits and other income of the property under his
charge;
(b) keep accounts in such from
and submit them at such times as the Court of Wards may direct;
(c) deal with all money received
by him in such manner as the Court of Wards may direct;
(d) apply for the sanction of
the Court of Wards to any act which may involve the property in expense not
previously sanctioned by it;
(e) be entitled to such salary
or allowance, to be paid out of the proceeds of such property, as the Court of
Wards thinks fit, in respect of the execution of duties;
(f) be responsible for any loss
occasioned to the property by his negligence of willful default; and
(g) continue to be liable to
account to the Court of Wards, after he has ceased to be manager, for his
receipts and disbursements during the period of this management.
41. Termination
of appointment of guardian or manager: -The appointment of every guardian or manager made
under this chapter, shall, subject to the provisions of section s35 and 38,
terminate on the Court of Wards ceasing to exercise superintendence of the
person or property in respect of whom or which such guardian or manager, as the
case may be, has been appointed.
42. Guardians
and managers to be deemed to be public servants and managers and certain guardians
to be deemed to be public accountant: - (1) Every guardian and manager
appointed under this chapter shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code and for the purposes of that
Code.
(2) Every such manager shall be
deemed to be a public accountant within the meaning of the law relating to
Public Accountants in force for the time being in the State and every such
guardian shall be deemed to be public accountant within the meaning of the said
law.
(3) In the definition of legal remuneration contained in section
161 of the Indian Penal Code, the word "Government" shall, for the
purposes of this section, be deemed to include the Court of Wards.
43. Deputy
Commissioner when to discharge the duties of guardian or manager: - If no such guardian or
manager is appointed by the Court of Wards, the Deputy Commissioner of the
district specified in the order of assumption in the notification under section
9 or any other Deputy Commissioner whom the Court of Wards may appoint in that
behalf, shall be competent to do any thing that might be lawfully done by a
guardian of the person or a manager of the property appointed under this
chapter.
RELEASE OF PERSONS AND
PROPERTIES FROM SUPERINTENDENCE
44. Power to
release from superintendence: - The Court of Wards may, at any time, release any
person or property, or both from its superintendence;
Provided that the property
of a land-holder who has been made a ward in accordance with an order under
section 5, shall not be released from the superintendence of the Court of Wards
without the previous sanction of the Government:
Provided, further, that
persons or property under the charge of the Court of Wards in accordance with
the provisions of sub-section (2) of section 7, shall not be released without
the concurrence of the court which appointed or declared the Deputy
Commissioner to be guardian of the person or property, or both of the person
concerned, under the Patiala Guardians and Wards Act, 2002.
45. Retention
of superintendence of property until discharge of debts: (1) Whenever a ward dies or
ceases to be under any legal incapacity, and his property is, at the time of
his death or cessation of incapacity, still encumbered with debts and
liabilities, the Court of Wards may either release such property or, with the
sanction of the Government, retain it or any part thereof under its
superintendence until such debts and liabilities have been discharged.
(2) In
any case provided for in sub-section (1) the Court of Wards may together with
the property of any such ward also retain, until the said debts and liabilities
have been discharged, the property of which it has assumed the superintendence
under section 8.
Provided that in such cases a proprietor who has ceased to be disqualified shall not after the cessation of such disqualification, be deemed to be a ward for the purposes of this Act and the Court of Wards shall pay to such proprietor the surplus income accruing from his share of the joint property.
47. Appointment of guardian on
release of minor: - (1)
When
the Court of Wards decides to release from its superintendence the person or
property, or both of any minor, it may, before such release, by an order in
writing, appoint any person to be the guardian of the person or person or
property, or both, of such minor.
(2) Such
appointment shall take effect from the date of such release.
(3) In appointing a guardian under
this section the Court of Wards shall be guided by the provisions of section 17
of the Patiala Guardians and Wards Act 2002 (V of 2002), and in every such case
the Deputy Commissioner of the district specified in the order of assumption in
the notification under section 9 shall have the powers conferred upon a Deputy
Commissioner under sub-section (2) of section 35.
(4) Every such guardian
shall have and be subject to the same rights, duties and liabilities as if he
had been appointed under the Patiala Guardians and Wards Act, 2002.
48. Disposal of property after
the death of a person of whose property the Court of Wards has assumed
superintendence: - Whenever, in the event of
the death of any person of whose property the Court of Wards has assumed superintendence,
the succession to his property, or any part there of, is unclaimed or disputed,
the Court of Wards may either direct that the property or part thereof, be made
over to any person entitled to or claiming the same, or may institute a suit of
interpleader against the several claimants, or may retain the superintendence
thereof until a claimant has, in due course of law, established his title
thereto in a competent court.
49. Delivery of documents and
accounts on release of property: - Whenever the Court of Wards releases the property of any person from its
superintendence it shall deliver to such person, or if it has appointed a
guardian under sub-section (1) of
section 47 to such guardian all documents of title and all papers and accounts
other than Government records relating to such property.
50. Notification as to release
from superintendence: -Whenever the Court of Wards releases any person or property from its
superintendence, the fact of such release shall be notified in the official Gazette
and such release shall take effect from the date fixed in this behalf in the
notification.
51. Recovery of expenses - Any expense incurred by
the Court of Wards on account of any property under its superintendence may,
after the release of such property, be recovered, as an arrear of land-revenue
due in respect of such property or any part thereof.
MISCELLANEOUS PROVISIONS
52. Bar of suits and proceedings: -(1) No suit shall be brought
in any civil court in respect of the exercise of any discretion conferred by
this Act.
(2) No suit shall be brought
against any officer of Government or any guardian, manager or servant appointed
by and discharging the duties under a Court of Wards for anything done by him
in good faith under this Act.
53. Investigations into
matters under Chapters VI and VII to be considered judicial proceedings: -Every investigation
conducted by a Deputy Commissioner with reference to any claim preferred before
him under Chapter VI or Chapter VII or to any matter connected with any such
claim shall be taken to be a judicial proceeding within the meaning of the
Indian Penal Code.
54. Power to make rules: -The Court of Wards may,
with the previous sanction of the Government, make rules consistent with this
Act relating to all or any of the following matters, namely:-
(a) the management of properties or of all or any property under the superintendence of the Court of Wards;
(b) the procedure to be observed and the powers
to be exercised by all or any persons in all or any proceedings under this Act;
(c) all matters or things required or
permitted by this Act to be prescribed; and
(d) generally for the purpose of giving effect
to all or any of the provisions of this Act.