COURT OF WARDS ACT, 1879
This Act may be called the Court of Wards Act, 1879.
Extent.-1[It extends to the 2[States] of West Bengal, Bihar and Assam and that part of the 2[State] of Orissa which on the 30th day of July, 1879, was subject to the Lieutenant-Governor of Bengal.]
1. Subs. for the original paragraph by the Indian Independence (Adaptation of Bengal Punjab Acts) Order, 1948.
2. Subs. by the ALO.
3[xxx]
3. Repealed by Act 5 of 1897.
Bengal Act IV of 1870 (the Court of Wards Act), section 11 of Act 35 of 18584, sections 12, 14 and 15 of Act 40 of 18585, and so much of section 21 of Act 40 of 18855 and provides that the Civil Court may direct the Collector to take charge of an estate, are hereby repealed.
4. Rep. and re-enacted by the Indian Lunacy Act, 1912 (now Mental Health Act, 1987).
5. Act 40 of 1958 repealed by the Guardians and Wards Act, 1890.
All persons and properties which at the commencement of this Act are under the charge of the Court of Wards, as constituted by Bengal Act IV of 1870, shall be deemed to be under the charge of the Court of Wards, as constituted by this Act.
And all persons and properties which at the commencement of this Act are under the charge of
In this Act, unless there be something repugnant in the subject or context-
"Collector" includes any officer in charge of the revenue jurisdiction of a district;
"the Court" means the Court of Wards;
or, when the Court of Wards has delegated any of its powers to a Commissioner or Collector or any other person, it means, in respect of such powers, the Commissioner or Collector or person to whom they are delegated;
"estate" means all lands which are borne on the revenue roll of a Collector as liable for the payment of one and the same demand of land-revenue 2[and includes a share in or of an estate other than an undivided share held in coparcenary as the property of a Hindu joint family governed by the Mitakshara or Mithila law 3[and the tenure of any
Nothing contained in this Act shall affect any of the provisions of Act 34 of 18585 or the jurisdiction, as respects infants, of any High Court of Judicature.
5. Act 40 of 1858 repealed by the Guardian and Words Act, 1890.
The Board of Revenue1 shall be the Court of Wards for the 2[State] of Bihar.
1. For the constitution and powers of the Board of Revenue, see the Bihar and Orissa Board of Revenue Act, 1913 (printed in Vol. 1 of this series).
2. Subs. by the ALO.
It shall deal with every person and every property of which it may take or retain charge under this Act, or which may be placed under its charge by order of a competent court, in accordance with the provisions of this Act.
(1) The authority vested in the Court shall be subject to the previous approval of the 2[State] Government in the following matters-
2. Subs. by the ALO.
3. Ins. by Act 4 of 1940.
(a) the assumption of charge of the property of a proprietor;
(b) the creation of, and the appointment of any person to, any post, the salary of which exceeds Rs. 200 a month;
(c) in the case of all estates,--
(i) the estimates of revenue and expenditure for the first year after the Court assumes charge;
(ii) expenditure on all exceptional items exceeding Rs. 1,000;
(d) in the case of estates, t
(1) There shall be constituted a committee to be called the Court of Wards Advisory Committee which shall consist of three members, of whom-
(a) one shall be a person elected by the members of the Bihar Legislative Assembly representing the Landlords' Constituencies of the said Assembly and the member of the Legislative Assembly representing the Bihar and Orissa Landholders' Constituency of the Legislative Assembly;
(b) one shall be a person elected by the Bihar Landholders' Association; and
(c) one shall be a servant of the 1[Government], not below the rank of District Judge, nominated by the 1[State] Government by notification.
1. Subs. by the ALO.
(2) The members referred to in clauses (a) and (b) of s
(1) The Court shall have power to take charge of the property of the following proprietors or trustees:-
2. Subs. by Act 4 of 1940.
(a) female proprietors declared by the Court incompetent to manage their own property;
(b) proprietors declared by the Court to be minors;
(c) proprietors adjudged by a competent Civil Court to be of unsound mind and incapable of managing their affairs;
(d) proprietors who apply to the Court to have all their immovable property and such part of their movable property as they may specify placed under the management of the court, if the court, on being satisfied that it is expedient in the public interest that such property should be managed under the direction and control of t
If the right of the Court of Wards to assume or retain charge of the property of any proprietor mentioned in clause (a), (b), (c), (f) or (g) of sub-section (1) of section 6 is disputed by such proprietor, or, if he be a minor or of unsound mind, by some person on his behalf, the case shall be reported to the 1[State] Government whose orders thereon shall be final and shall not be questioned in any Civil Court.
1. Subs. by the ALO.
2. Sections 6-A to 6-D ins. by Act 4 of 1940.
Notwithstanding anything contained in proviso (ii) to clauses (f) and (g) of subsection (1) of section 6, the 1[State] Government may, at any time within six months from the date on which this Act comes into force, or until the constitution of the first Court of Wards Advisory Committee under section 58, whichever is earlier, direct that the property of any proprietor referred to in clause (f) or (g) of sub-section (1) of section 6 shall be placed under the management of the Court from a date to be specified in the order, and such property shall thereupon be managed by the Court as if a declaration had been made by the 1[State] Government in respect of such property under section 6.
(1) The application referred to in clause (e) of sub-section (1) of section 6 shall be made if the property is already held in trust, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them.
(2) For the purposes of this section, the executor or administrator of a deceased trustee of property held in trust shall be deemed to be a person acting in the administration of the trust.
Notwithstanding anything to the contrary contained in this Act, no application made under any of the provisions of this Act for having any property placed under the management of the Court shall be rejected under the direction of the 1[State] Government.)
1. Subs. by the ALO.
When the Court takes charge under section 6 of the property of a sole proprietor, or of all joint proprietors, or of the trust property of a sole trustee or of all joint trustees, the Court shall have power to take charge of-
2. Subs. by Act 4 of 1940.
(a) all the property of any such sole proprietor or joint proprietors as are mentioned in clause (a), (b), (c), (f) or (g) of sub-section (1) of section 6;
(b) such part, as the 1[State] Government thinks fit, of the immovable property, and so much of the movable property as may be specified in the application, of a proprietor mentioned in clause (d) of subsection (1) of section 6;
1. Subs. by the ALO.
(c) all the property held by such sole trustee or by su
Subject to the provisions of this Act, when the Court has taken charge of the trust property of a trustee then, notwithstanding anything contained in the Indian Trusts Act, 1882, or any other law relating to trusts, the manager or any officer authorised in this behalf by the Court shall, subject to the direction and control of the Court exercise such powers and perform such duties in respect of such property as could have been exercised and performed by the trustee.
No proceedings shall be taken in any Civil, Criminal or Revenue Court against a trustee, the trust property held by whom lies been taken under the charge of the Court, on the ground that the rights and obligations of a trustee are not exercised or performed by him or that the trust property has been placed under the management of the Court.
When the Court takes charge of the trust property of any trustee, such trustee shall not be entitled to manage the trust property and shall not be competent to transfer, or create any charge on, or interest in, any part of the trust property, or to enter into any contract which may involve the trust property in any pecuniary liability.
Nothing contained in the foregoing sections or in any of the other provisions of this Act shall be deemed to authorise the Court to take charge of any property of a trust for a religious purpose, or any trust which involves the management of any public temple, mosque, or other religious establishment, or a trust to which the Religious Endowments Act, 1863, or any other enactment relating to provision for superintendence and control of religious endowment, applies.
Explanation.--A trust is not a trust for a religious purpose merely because it provides for the making of periodical payments to any mosque, temple or any other religious establishment, or provides for the maintenance of a private temple of the author of the trust, meant for religious worship of the author of the trust and of his family.
Nothing contained in any of the foregoing sections or any of the other provisions of this Act shall be deemed to authorise the Court to take charge of property of a trust to which English law is applicable.
Nothing in the Indian Trusts Act, 1882, the Official Trustees Act, 1913, the Charitable Endowments Act, 1890 or the Charitable and Religious Trusts Act, 1920, shall apply to any trust property of which charge has been taken by the Court of Wards or to the trustees of such trust property.]
Whenever the circumstances of any ward become such that the Court could not take charge of him or of his property if he were not under its charge already, the Court shall be bound to release from its charge such person and his property.
The Court may in its discretion, in any case in which it is empowered by this Act to take charge of the person and property of any 1[xxx] proprietor-
1. Word "disqualified" omitted by Act 4 of 1940.
(a) take charge of such property without taking charge of such person;
(b) refrain from taking charge of any such person or property;
(c) at any time withdraw from such charge, it taken;
(d) at any time resume such charge, after having withdrawn from it.
2[xxx]
2. Matter added by Act 4 of 1892 and repealed by Bengal Act 1 of 1906.
The 4[State] Government may, by notification, direct that the Court shall, from a date to be specified in such notification, withdraw from charge-
3. Ins. by Act 4 of 1940.
4. Subs. by the ALO.
(a) of any property of which charge has been taken under clause (d) or clause (e) of sub-section (1) of section 6, on application made by the proprietor or trustee of such property, as the case may be, requesting that such property shall be released from the charge of the Court;
(b) of any property of which charge has been taken under clause (f) or (g) of sub-section (1) of section 6, if the 4[State] Government is satisfied that the circumstances owing to which the declaration in respect of such property was made no longer exist;
&
6[Whenever a Civil Court is satisfied that an order should be made under section 7 of the Guardians and Wards Act, 1890, appointing guardian of the person or property of a minor, or both;
6. Subs. by Act 4 of 1892.
Whenever a Civil Court removes, under section 39 of the same Act, the guardian of a minor,] or whenever a person has been adjudged, under Act 35 of 18587, to be of unsound mind and incapable of managing his affairs, if the property of such minor or 1[xxx] proprietor consists, in whole or in part, of land or any interest in land, the Civil Court may apply to the Court of Wards to take charge of the person and property of such minor or 1[xxx] proprietor; and it shall be at the discretion of the Court of Wards to take charge of such person or property, or to refuse to do so.
7. Act 35
(1) Whenever the Court of Wards assumes charge of any person or property under section 7 or section 10, it shall publish, in the manner provided in section 6A, a notice calling upon all creditors having claims against the ward or his immovable property to submit the same in writing to the Court, at a place to be named in the notice, within six months from the date of the publication of the notice aforesaid.
3. Sections 10A to 10E ins. by Ben. Act 1 of 1906.
(2) Every such claim (other than a claim on the part of the 4[Government], not submitted to the Court in compliance with the provisions of subsection (1), shall, save in the case provided for by section 10E, sub-section (2), clause (c), notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the date of the expiry of the period aforesaid:
&n
(1) Every creditor submitting his claim in compliance with the provisions of section 10A, subsection (1), shall furnish, along with his written statement of claim, full particulars thereof; and shall, within such time as the Court may appoint, produce all documents which are in his possession, power or control (including entries in books of account) on which he relies to support his claim, together with a true copy of every such document.
(2) The Court shall, after marking, for the purpose of identification, every original document so produced, and verifying the correctness of the copy, retain the copy and return the original to the creditor.
(3) If any document, which to the knowledge of the creditor is in his possession, power or control, is not produced by him as required by sub-section (1), the document shall not be admissible in evi
If a Civil Court has directed any process of execution to issue against any immovable property of a ward, or the rents thereof, or any crops standing thereof, the Court of Wards may, at any time within one year after it assumes charge of such property, apply to the Civil Court to stay proceedings in the matter of such process; and the Civil Court may, on such terms regarding interest or compensation for delay as may appear to it to be just and reasonable, stay such proceedings for such period as it may deem fit.
(1) On receipt of all claims submitted in compliance with provisions of sections 10A and 10B the Court shall proceed to investigate such claims, and shall decide which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communicate its decision in writing to each claimant concerned.
(2) When the Court has admitted any claim under sub-section (1), it may make to the creditor a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both; and, if such proposal, or any modification of it, is accepted by the creditor anti his acceptance is finally recorded and attested by the Court it shall be conclusively binding, upon the creditor and upon the ward:
Provided that if, when the superintendence of the property by the Court is relinquished or
(1) The Court of Wards may after making an investigation under section 10D, when it appears to the Court that 1[any estate or trust property of which it has taken charge] is involved beyond all hope of extrication for any other sufficient reason, by notice published in the manner provided in section 64A, declare that it will, on a date to be fixed by the notice, relinquish charge of the property and person (or of the property, as the case may be) of the ward under this section.
1. Subs. by Act 4 of 1940.
(2) On the date so fixed,-
(a) such charge shall terminate;
(b) the owner of the said property 2[or the trustee of such trust property] shall be restored to the possession thereof, subject to any contracts entered into by the Court of Wards for the
Whenever one or more of any joint proprietors of whose property the Court has taken charge under clause (a) (b) or (c) of sub-section (1) of Section 6, cease to be subject to the jurisdiction of the Court, the Court may retain charge of the persons and property of the other joint proprietors who continue to be subject to the jurisdiction of the Court.
1. Subs. by Act 4 of 1940.
And, in case any person entitled to any property jointly with any joint proprietors who continue to be subject to the jurisdiction of the Court shall consent thereof, the Court may retain or resume charge of the property of such joint proprietor or any part thereof, so long as the property of such joint proprietor as aforesaid remains in charge of the Court.]
The Court of Wards may at any time withdraw from the charge of any person and property taken under section 10 or under section 11, and from the charge of any person or property 2[which either before or after the commencement of this Act was or is placed] under the charge of the Collector by a Civil Court under Section 12, Section It or Section 21 of Act 40 of 18583, or under Section 11 of Act 35 of 18584 5[or under other enactment for the time being in force]:
2. Subs. by Act 4 of 1892.
3. Repealed by Act 8 of 1890.
4. Act 35 of 1858 repealed and re-enacted by the Indian Lunacy Act, 1912 (now Mental Health Act, 1987).
5. Added by Act 4 of 1892.
Provided that it shall give notice of its intention to withdr
Whenever, on the death of any ward, the succession to his property or any part thereof is in dispute, the Court may either direct that such property or part thereof be made over to any person claiming such property, or may retain charge of the same until the right to possession of the claimant has been determined under Bengal Act 7 of 1876, or until the dispute has been determined by a competent Civil Court.
If, when 1[any ward, other than a trustee, dies, or ceases to be subject to the jurisdiction of the Court], there remain un-discharged and debts or liabilities which were incurred by, or are due from, 1[such ward], or which are a charge upon his property or any part thereof,
6. Ins. by Ben. Act 1 of 1906.
1. Subs. by Act 4 of 1940.
Then, notwithstanding anything contained in the foregoing sections, the Court may either withdraw from the charge of such property or retain such charge until such debts and liabilities, as the Court considers necessary to be discharged, together with all interest due thereon, have been discharged:
Provided that, 1[after the death of a ward], the Court shall not retain charge on account of any debt or liability which has
When the Court has taken charge of any trust property and the sole trustee or one of several joint trustees of such trust property dies, the Court shall,-
2. Ins. by ibid.
(a) if there is no dispute as to the succession to the office of the deceased trustee, retain charge of the trust property until the successor of the sole trustee or a majority of the joint trustees request the Court to release the trust property from its charge;
(b) if there is a dispute as to the succession to the office of the deceased trustee, retain charge of the property until the dispute has been determined by a competent Civil Court and the sole trustee or a majority of the trustees who, in accordance with the decision of such Court, are entitled to succeed to the office of the deceased trustee request the Court to r
(a) may, through its manager, do all such things requisite for the proper care and management of any property 2[other than trust property of which it may take or retain charge under this Act, or which may be placed under its charge by order of a competent Civil Court, as the proprietor of any such property, 1[if competent to contract], might do for its care and management, and
1. Subs. by Act 4 of 1940.
2. Ins. by ibid.
(b) may, in respect of the person of any ward, do all such things as might be lawfully done by the legal guardian of such ward.
The Court may exercise all or any powers conferred on it by this Act through the Commissioners of the Divisions and the Collectors of the districts in which any part of the property of 1[a ward] may he situated, or through any other person whom it may appoint for such purpose.
1. Subs. by Act 4 of 1940.
Delegation of powers.- The Court may 3[xxx] from time to time delegate any of its powers to such Commissioners or Collectors or other person as aforesaid, and may at any time 3[xxx] revoke such delegation.
3. Omitted by B & O Act 3 of 1916.
The Court may from time to time order such establishments to be entertained and expenses to be incurred as it shall consider requisite for the care and management of the persons and properties under its charge, for superintendence, for the audit of accounts, and generally for all purposes of this Act; and may order that such expenses, inclusive of all the salaries, gratuities and payments on account of the leave-allowances of such establishments, be charged against anyone or more properties for the purposes of which such establishments are, or have been, entertained or such expenses have been incurred]
4. Subs. by Ben. Act 3 of 1881.
1[xxx]
1. Repealed by Act 10 of 1892.
The Court may sanction the giving of leases or farms of the whole or part of any property 2[other than trust property] under its charge, and may direct the mortgage or sale of any part of such property, and may direct the doing of all such other acts as it may judge to be most for the benefit of the property and the advantage of the ward.
2. Ins. by Act 4 of 1940.
If the Court thinks it expedient to direct the sale or mortgage of any part of an estate 2[liable to the payment of land revenue] of which the ward is the sole proprietor it may order the Collector to partition off such part into a separate estate; and the demand of land-revenue and of the ceases for which the original estate was liable shall be assessed upon and divided between the two separate estates so formed respectively, in such manner as the Court, with the sanction of the 3[State] Government, may direct.
2. Ins. by Act 4 of 1940.
3. Subs. by the ALO.
2[Nothing in this section shall apply to any trust property of which the Court has taken charge under clause (e) of sub-section (f) of section 6.]
2. Ins. by Act 4 of 1940.
The Court may appoint one or more managers for property of any ward, and one or more guardians for the case of the person of any ward under the charge of the Court and may control and remove any manager or guardian so appointed.
4[When any person, other than a proprietor of whose property the Court has taken charge under clause (d) of sub section (1) of section 6 or a trustee of whose trust property the Court has taken charge under clause (e) of the said Sub-section, becomes a Ward, The Court may, as its discretion, confirm or refuse to recognise any appointment of a person to be the guardian of such ward which may have been made by a will.]
4. Subs. by Act 4 of 1940.
The Court may make such orders as to it may seem fit in respect of the custody, Education and residence of a minor ward, and such minor members of the ward's family as are under its charge, and in respect of the custody and residence of any ward, not being a minor, whose person in under the charge of the Court.
The Court shall allow, for the support of each ward [other than a trustee] and of his family, such monthly sum as it thinks fir (if any) with regard to the rank and circumstances of the parties.
Clause 1.--Except as hereinafter provided by Section 23A, estate, and subject to the provisions of section 14 of Act 11 of 1859, every share or part of an estate for which a separate account has been opened under Section 10 or Section 11 of the said Act, or under Section 70 of Bengal Act 7 of 1876, shall be exempted from sale for arrears of Government revenue which accrued whilst such estate, share or part has been under the charge of the Court:
Provided that all such arrears of revenue shall be the first charge upon the sale proceeds of any estate, share or part which may be sold for any other cause than for such arrears of revenue.
Recovery of arrears of revenue due at time when estate ceases to be under charge of Court.--Clause 2.--If at the time when such estate, share or part ceases to be under the charge of the Court of Wards an ar
Notwithstanding anything in clause 5, Section 8, Regulation 1 of 1793, or in Section 23 of this Act, contained, any estate, share or part of an estate on which an arrear of revenue has accrued while under the charge of the Court, may at any time be sold under the provisions of the law for the time being in force for the recovery of arrears of Government revenue, if the Court has certified in writing that the interest of the ward require that such estate, share or part be so sold, and has stated in such writing the reasons upon which it has arrived at such conclusion.
No estate, the sale property of a minor or of two or more minors, and descended to him or them by the regular course of inheritance, or by virtue of the will of, or some settlement made by, some deceased owner thereof, shall be sold for arrears of revenue accruing subsequently to his or their succession to the same, until such minor or one such minor has completed his age of twenty-one years; but all arrears of revenue shall be the first charge upon the proceeds of such estate if the estate is sold for any other cause during such minority.
Power of Collector to attach such estate-The Collector may, on an arrear so accruing on any such estate, attach the estate and collect the rent find all arrears of rent due, managing the estate either directly or through a manager or by farming it, as he may think fit, for a period not exceeding ten years nor extending beyond the time when such m
The exemption from sale for arrears of revenue given by Section 24 shall only apply to cases in which a written notice of that fact that the estate is the sole property of one or more minors, and entitled to such exemption, has been served on the 'Collector before the sale.
When an estate has been farmed under the provisions of Section 24, the proceeds of such farm shall be paid to the Collector; and the Collector, after deducting the amount of the claims of Government for revenue and other public demands, and the charges of management, shall either pay the proceeds to the person authorized to receive them for the proprietor, or shall dispose of them in any of the modes mentioned in section 49 or in Section 50.
Whenever any Collector has reason to believe that charge should be taken by the Court under clause (a) or (b) of sub section (1) of Section 6 of the property of any person residing in his district or of the property of any proprietor of an estate lying wholly or partly within his district, he shall make such enquiries as he may deem necessary and, if satisfied that charge should be taken he shall make a report accordingly to the Court and the Court shall, on receipt of such report, make such order consistent with this Act as may seem to it expedient.
1. Subs. by Act 4 of 1940.
Nothing in Section 27 shall prevent the Court or the 2[State] Government from putting the provisions of this Act in force without any report from the Collector.
2. Subs. by the ALO.
Whenever any Collector receives information that the sole proprietor of an estate 1[situated in] his district has died, or that the sole proprietor of any estate has died within his district,
1. Subs. by Act 4 of 1940.
and such Collector has reason to believe 1[that the Court should take charge of the property of the heirs of such proprietor under clause (a), (b), or (c) of subsection (1) of Section 6], he may take such steps and make such orders for the safety and preservation of the movable property of such heirs, and of all deeds, documents or papers relating to the property of such heirs, as to him may deem fit.
1. Subs. by Act 4 of 1940.
Such Collector may call upon any other Collector in whose jurisdiction any such movable property, or any suc
A Collector acting under the last preceding section may direct that any person who has the custody of a minor heir of any such deceased proprietor shall produce such minor before such Collector or before any other Collector on a day fixed; and the Collector before whom the minor is so produced may make such order for the temporary custody and protection of such minor as to him may seem fit.
If the minor is a female, she shall not be brought into the presence of the Collector, but the Collector may take such steps for her identification as he may think fit.
If a sole proprietor of an estate, who does not reside within the local limits of the ordinary original civil jurisdiction of the High Court, is reported by a Collector to be of unsound mind and incapable of managing his affairs, the Court may order the Collector making such report, or such other Collector as the Court may appoint, to apply, in pursuance of the provisions of Act 35 of 1858,2 to the Civil court of the district within the jurisdiction of which such proprietor may reside.
2. Act 35 of 1858 repealed and re-enacted by the Indian Lunacy Act, 1912 (now Mental Health Act, 1987).
3[xxx]
3. Repealed by Act 4 of 1940.
3[xxx]
3. Repealed by Act 4 of 1940.
4[xxx]
4. Repealed by ALO.
All expenses incurred by a Collector in taking action under section 31, 4[XXX] in respect of any person shall, if the property of such person is not taken under the charge of the Court, be recoverable from such person or from the person whom the collector finds to be in possession of such property, under the procedure provided by the Public Demands Recovery Act, 18951 for the recovery of public demands.]
1. See Bihar and Orissa Public Demands Recovery Act, 1914 (4 of 1914).
4. Repealed by ALO.
5. Ins. by Ben. Act 1 of 1906.
Whenever the court has determined to take the person or property of a [xxx] proprietor under its charge, whether in accordance with an order of the Civil Court or otherwise, the Court shall make an order declaring the fact and direction that possession be taken of such person and property or of such property on behalf of the Court; and the Court shall be held to be in charge of such property from the time when possession shall have been so taken.
As soon as conveniently may be, after an order is made under the provisions of section 35, the Collector or every district within which any part of the ward's property may be situated, or some person authorized in writing by him in that behalf, shall take possession of all accounts, papers and movable property of the ward, and place under proper custody such portion thereof as he may think necessary.
Any such Collector, or some person authorised as aforesaid, may, in case he has reason to believe that any such account, paper or property in any room, box or receptacle within any house is in the actual possession of the ward, break open the same for the purpose of searching for such account, paper or property.
Any such Collector may also order all the persons in the employ of the ward or all persons who were in the employ of the deceased proprietor from whom the ward has derived his property, to attend before him;
and may order any persons to deliver up any accounts, papers or movable property belonging to the ward, or any accounts or papers relating to the ward's property, which the Collector has reason to believe are in such person's possession,
and may order all holders of tenures and under-tenures on such property to produce their title to such tenures and under-tenures.
If no manager of the property of a ward is appointed by the Court, the Collector of the district in which the greater part of such property is situated, or any other Collector whom the Court may appoint in that behalf, shall be competent to do, under the orders of the Court, anything that might be lawfully done by the manager of such property.
Every manager appointed by the Court shall have power to manage all property which may be committed to his charge, to collect the rents of the land entrusted to him as well as all other money due to the ward, and to grant receipts therefore;
and may, under the orders of the Court, grant or renew such leases and farms as may be necessary for the good management of the property.
Every manager shall manage the property committed to him diligently and faithfully for the benefit of the proprietor, and shall, is every respect, act to the best of his judgment for the ward's interest as if the property were his own.
Every manager appointed by the Court shall-
(a) have the care of so much of the property of the ward as the Court may direct;
(b) give such security (if any) as the Court thinks fit, to the Collector, duly to account for all such property and for what he shall receive in respect of such property;
(c) Continue liable to account to the Court, after he has ceased to be manager, for his receipts and disbursements during the period of his management;
(d) pass his accounts at such periods and in such forms as the Court may direct;
(e) pay the balance due from him thereon;
(f) Apply for the sanction of the Court to any act which may involve the property in expense not
A guardian appointed to the care of a ward shall be charged with the custody of the ward, and must look to his maintenance, health and, if he be a minor, to his education.
Every guardian appointed by the Court shall-
(a) give such security (if any) as the Court thinks fit, to the collector for due performance of his duty;
(b) pass his accounts at such periods and in such form as the Court may direct;
(c) pay the balance due from him thereon;
(d) continue liable to account to the Court, 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 to any act which may involve expense not previously sanctioned by the Court;
(f) be entitled to such allowance, to be paid out of the property of the ward, as the court may think fit, for his care and
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.
If the ward is a female, a female of the same religion shall, except in the case of a testamentary guardian, be appointed guardian, preference being given to female relatives, if any, such be eligible.
But no guardian shall ordinarily be appointed or continued for a female ward if she has an adult husband.
Every sum due to the Court from a manager of guardian or from the sureties of a manager or guardian, or from any such officer or servant, shall be recoverable as a demand under Bengal Act 7 of 1868 or any similar law1 for the time being in force.
1. See Bihar and Orissa Public Demands Recovery Act, 1914 (4 of 1914).
The Court may order any past or present manager or guardian, or past or present officer subordinate to a manager or guardian, to deliver up his accounts or any property which may be in his possession within such time as may be fixed by the Court.
All moneys received by the manager 3[of the estate of a proprietor] shall be applied to the purposes hereinafter mentioned, in accordance with such instructions as the court may from time to time give in that behalf.
2. Subs. by Ben. Act 3 of 1881.
3. Ins. by Act 4 of 1940.
Unless the Board of Revenue shall specially otherwise direct, priority shall be given to the purposes included under Class lover those included in Class II, and priority shall be given to the purposes included in Class II over those included in Class III.
Class I
The payment of all charges necessary for the maintenance, education and religious observances of the ward and his family, for the management and supervision of the property of
If the ward is a female of sound mind, who has completed her age of twenty-one years, or a male who has completed his age of twenty-one years whose property 3[is under the charge of the Court under clause (e) of section 6, or under the second clause of section 10], no part of the surplus mentioned in the proviso to the section immediately preceding shall be expended by the Court otherwise than in the liquidation of debts or in the improvement of the lands or property as aforesaid.
2. Subs. by Ben. Act 3 of 1881.
3. Subs. by Act 4 of 1892.
Any portion of such surplus remaining, after provision has been made for such purposes shall be paid to such ward:
Provided that, before paying any portion of such surplus to such ward, the Court may deduct therefr
If the ward is not a female or 2[male] as aforesaid, and if any surplus remains after providing, so far as the Court may think fit, for the objects mentioned in 2[section 48], the same shall be applied in the purchase of other landed property, or invested at interest on the security of-
2. Subs. by Ben. Act 3 of 1881.
promissory notes, debentures, stock and other securities of the 4[Central Government or the Government of] United Kingdom of Great Britain and Ireland;
4. Subs. by AO.
5[bonds, debentures and annuities which before the fifteenth day of August, 1947, were charged by an Act of Parliament of the United Kingdom] on the revenues of India 6[xxx] or of any 5[State],
5. Subs. by ALO.
Nothing in this Part shall apply to a ward who is a trustee or to the trust property of such ward of which the Court has taken charge under clause (e) of sub-section (1) of Section 6].
5. Ins. by Act 4 of 1940.
If no manager of trust property under the charge of the Court is appointed, the Collector of the district in which the greater part of such property is situated or any other officer whom the court may appoint in that behalf, shall be competent to do, under the orders of the Court anything that could be legally done by the trustee of such property.
The manager shall deal with the trust property as carefully as a man of ordinary prudence would deal with such property if it were his own, and the manager so dealing shall not be responsible for the loss, destruction or deterioration of the trust property.
In this section and in the following provisions of this part, "manager" means the person appointed by the Court to manage trust property which is under the charge of the Court.
The manager is bound to maintain and defend all such suits, and subject to the provisions of the instrument of trust to take such other steps as, regard being had to the nature and amount or value of the trust property, may be reasonably requisite for the preservation of the trust property and the assertion or protection of the title thereto.
The manager shall-
(a) keep clear and accurate accounts of the trust property; and
(b) at all reasonable times (not exceeding twice a year), at the request of the beneficiaries, furnish them with such information as may be required regarding the state of the trust property.
All money received by the manager shall be applied to the purposes hereinafter mentioned, in accordance with such instructions as the Court may from time to time give in this behalf. Priority shall be given to the purposes included in Class lover those included in Class II, and to the purposes included in class II over those included in Class III.
Class I
The payment of all charges necessary for the management and supervision of the trust property.
Class II
The punctual payment of the Government revenue, all cesses, rates and taxes, and other public demands from time to time due in respect of the trust property or any part of the trust property.
Class III
The p
When the interest of any beneficiary becomes vested in another person, and the manager, not having notice of the vesting, pays or delivers trust property to the person who would have been entitled thereto in the absence of such vesting, the manager is not liable for the property so paid or delivered.
When the interest of a beneficiary is forfeited or awarded by legal adjudication to the 1[Government], the manager is bound to hold the trust property to the extent of such interest for the benefit of such person in such manner as the 1[State] Government may direct in this behalf.
1. Subs. by the ALO.
If any surplus remains after providing for the purposes mentioned in section 50F or where the trust property consists of money and cannot be applied either immediately or at an early date to the purposes of the trust, the manager is bound (subject to any directions contained in the instrument of trust) to invest it in the securities specified in clauses (a) and (b) of section 20 of the Indian Trusts Act, 1882, in such order as the Court may decide, and in no other.
Except in accordance with rules made or instructions issued in this behalf by the Code, the manager shall not grant all lease of any trust property for a term exceeding 9 years from the date of the execution of the lease and without reserving the best yearly rent that can be reasonably obtained.
Not withstanding anything contained in the instrument of trust, the manager may, with the permission of the Court,-
(a) accept any composition or any security for any debtor for any property claimed;
(b) allow any time for payment of any debt;
(c) compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account. claim or thing whatever relating to the trust; and
(d) for any of these purpose, enter into, give, execute and do such agreements, instruments of composition or arrangement, releases and other things as to him seems expedient, without being responsible for any loss occasioned by any act or thing so done by him in good faith.
The manager may give a receipt in writing for any money securities or movable property payable, transferable, or deliverable to the trustee in respect of the trust property of which he has been appointed manager and, in the absence of fraud, such receipt shall discharge the person paying, transferring or delivering the same there from, and from seeing to the application thereof, or being accountable for any loss or misapplication thereof.
In addition to the powers expressly conferred by this Act, the manager may do all acts which are reasonable and proper for the realisation, protection or benefit of the trust property.
Where the trustee is empowered to sell any trust property, the manager may sell the same subject to prior charges or not, and either together or in lots by public auction or private contract, and either at one time or at several times, unless the instrument of trust otherwise directs.
The manager making any such sale may insert such reasonable stipulations either as to title or evidence of title, or otherwise, in any conditions of sale or contract for sale, as he thinks fit; and may also buy in the property or any contract for sale, and resell the property to rescinded, without being responsible to the beneficiary for any loss occasioned thereby.
Where a trustee is so directed, the manager may sell trust property or invest money in the purchase of property and may exercise a reasonable discretion as to the time of effecting the sale or purchase.
For the purpose of completing such sale, the manager shall have power to conveyor otherwise dispose of the property sold in such manner as may be necessary.
The manager may, at his discretion, call in any trust property invested in any security and invest the same in any of the securities mentioned in section 50-I, and from time to time vary any such investments for others of the same nature.
Where the trust property or any part of it is held by a trustee in trust for a minor, the manager may, at his discretion, pay to the guardian (if any) of such minor, or otherwise apply for or towards his maintenance or education or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the whole or any part of the income to which he may be entitled in respect of such property; and the manager shall accumulate all the residue of such income by way of compound interest by investing the same and the resulting income thereof from time to time in any of the securities mentioned in section 50-I, for the benefit of the person who shall ultimately become entitled to the property from which such accumulations have arisen.
Any beneficiary aggrieved by any act, omission or order of the manager which he considers prejudicial to his interest or to the preservation of the trust property, may appeal to the Collector.]
In every suit brought by or against any ward he shall be therein described as a ward of Court; and the manager of such ward's property, or, if there is no manager, the Collector of the district' in which the greater part of such property is situated, or any other Collector whom the Court of Wards may appoint in that behalf, shall be named as next friend or guardian for the suit, and shall in such suit represent such ward; and no other person shall be ordered to sue or be sued as next friend or be named as guardian for the suit by any Civil Court in which such suit may be pending.
(1) If the court retains charge of any property under section 13 or section 13A, if may confer on the manager generally or in any specified case or class of cases all, such powers as to bringing and defending, on behalf of the owner of the property, suits relating to such property as the owner of such property would have had if the Court had not so retained charge.
1. Ins. by Act 1 of 1936.
(2) If the Court confers on the manager any power under sub-section (1), the manager shall be entitled to bring or defend any suit in pursuance of such power, and shall in any such suit be described as the manager of the property, of which or of any part of which the Court retains charge under section 13 or section 13A, acting on behalf of the owner of the property, and it shall not be necessary to name such owner.]
The Court of Wards may, by an order, nominate or substitute any other person to be next friend or guardian for any such suit; and, upon receiving a copy of any such order of substitution, the Civil Court in which such suit is pending shall substitute the name of the next friend or guardian for the suit so appointed for the name of the manager or Collector.
If in any such suit any Civil Court shall decree any costs against the next friend or guardian for the suit of the ward, the Court of Wards shall cause such costs to be paid out of any property of the ward which for the time being may be in its hands.
Every process which may be issued out of any Civil Court against any ward shall be served, through the Collector, upon the next friend or guardian for the suit as aforesaid of such ward.
No suit shall be brought on behalf of any ward 1[by a manager], unless the same be authorized by some order of the Court:
1. Ins. by Ben. Act 3 of 1881.
Provided that a manager may authorise a plaint to be tiled in order to prevent a suit from being barred by the law of limitation; but such suit shall not be afterwards proceeded with except under the sanction of the Court:
Provided also that suits for arrears of rent may be brought on behalf of any ward if authorized by an order of the manager of the landed property on which such rents are due.
Nothing contained in this Part shall apply to any suit instituted or pending in the High Court [xxx]2.
2. Repealed by Ben. Act 1 of 1906.
Nothing in this Part shall apply to a ward who is a trustee or to the trust property of such ward of which the Court has taken charge under clause (e) of sub-section (1) of Section 6 or to the manager appointed by the Court to manage such trust property.]
3. Ins. by Act 4 of 1940.
Any person who refuses to comply with an order of a Collector under section 29, 30, 36 or 37 shall be liable, by order of the Collector, to a fine not exceeding five hundred rupees.
Any person who refuses to comply with an order made under section 47 may be punished, by order of the Court, with simple imprisonment and attachment of his property until the order is complied with:
4[Provided that the Collector may release any person who has been so imprisoned, on his furnishing sufficient security for his attendance and for the delivery of the accounts or property required within such time as the Collector shall think fit. The Collector may, at any time, rescind such order of release, and direct that effect shall be given to the previous order of imprisonment.]
4. Ins. by Ben. Act 3 of 1881.
Any farmer, holding or having held lands under the Court, who, upon notice served upon him to that effect at any time during the currency of the lease or within six months after the expiry of the lease under which such lands were held or after he has relinquished such lands, omits or refuses to furnish accounts or produce documents or papers required under such notice, and shall not show sufficient cause for such omission or refusal, shall be liable to such fine as the Collector may think fit to impose, not exceeding one hundred rupees, for such omission; and the Collector may impose such further daily fine as he may think proper, not exceeding twenty rupees for each day during which such farmer shall omit to furnish the accounts, documents or papers required after a date to be fixed by the Collector in a notice warning the farmer that such further daily fine will be imposed.
4. In
Any person who disobeys any lawful order of the Court shall be liable, on conviction before a Magistrate, to a fine not exceeding five hundred rupees and, if he is a manager or guardian appointed by the Court, to a fine not exceeding one thousand rupees.
Every person employed by the Court under this Act shall for the purposes of the Indian Penal code, be deemed to be a public servant.]
1. Ins. by Ben. Act 1 of 1906.
A ward shall not be competent-
2. Subs. by Act 4 of 1940.
(a) to transfer or create any charge on, or interest in, any part of his property which is under the charge of the Court, or to enter into any contract which may involve him in pecuniary liability; but nothing in this clause shall be deemed to affect the capacity of a ward to enter into a contract of marriage;
Provided that he shall not incur in connections 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 may, in writing, declare to be reasonable;
(b) to adopt, within the consent of the 3[State] Government obtained previously to such adoption on application made to the 3[State] Government
No Property which is or has been under the charge of the Court shall be liable at any time, except with the leave of the Court, to be taken in execution of a decree made in respect of any contract entered into by the ward without the leave of the Court which his property was under such charge.]
2. Ins. by Act 4 of 1892.
For the purposes of Part VII and Sections 60 and 60A, a person whose property is under the charge of the Court of Ward by virtue of the second clause of section 11, or charge of whose property has been retained under section 13A, shall be deemed to be a "ward", but only so far as regards such property.]
3. Ins. by Ben. Act 1 of 1906.
(1) All deeds, contracts or other instruments executed by the Court in the exercise of its powers under this Act may be executed in its own name or on behalf of the ward, as the circumstances of the case may require.
4. Ins. by Act 4 of 1940.
(2) Covenants entered in to by the Court that be binding on the courts only so long as the ward or the property affected by such covenants remains under its charge and only to the extent of such property; such covenants shall be binding on the ward or on the person entitled to such property after the ward or the property or both shall have ceased to be under the charge of the Court.]
5[xxx]
5. Repealed by ibid.
6[xxx]
6. Repealed by Ben. Act 1 of 1906.
Any amount of interest which has accrued due, on arrears of rent or other demand recoverable as rent payable to the manager of an estate which is in charge of the Court, may be recovered in any manner and. by any process according to which such arrears may be recovered under any law for the time being in force; and any Court or officer who is competent to make an order or certificate in execution of which such arrears or the demands are recoverable may direct that any costs incurred by the manager in obtaining such order or certificate, and in executing the same, shall be recovered in the same manner and by the same process as if the amount thereof had been included in the said order or certificate.
1. To be read instead of the original section 63 which stood repealed by Ben. Act 7 of 1883, see Ben. Act 3 of 1881.
When any penalty is imposed by any order under section 57 or section 58, the Collector or Court passing such order shall make a formal record of the same, with the reasons or grounds thereof.
Any notice required to be published by the provisions of sub-section (1) of section 10A, or of sub-section (1) of section 10E, shall be published-
2. Ins. by Ben. Act 1 of 1906.
(a) in the English and in the vernacular Official Gazettes;
(b) in at least three issue each of one English and one vernacular newspaper published in Calcutta;
(c) In two issues of a newspaper (if any) published in the district or Division in which the ward ordinarily resides or has last resided; and
(d) by posting such notice on the notice-boards in the office of the Collector and of the Judge of the district in which the place named in the notice is situate.]
Whenever the Court has determined to release the property of a ward from its charge, it shall make an order that the jurisdiction of the Court over such property shall cease on a date not more than sixty and not less than fifteen days from the date of such order; and copies of such order shall be published as the Court may direct.
Any expense incurred by the Court on account of any property under its charge may, after the release of such property be recovered as a demand, under Bengal Act VII of 1880]4 or any other Act at the time being in force for the recovery of public demands, from any person into whose possession such property or any part thereof may have passed immediately after the release by the Court of such property:
3. Ins. by Ben. Act 3 of 1881.
4. Ben. Act 7 of 1880 repealed by Ben. Act 1 of 1895 which has been again repealed by Bihar and Orissa Public Demands Recovery Act, 1914 (4 of 1914).
Provided that the sum so recovered from any such person shall not be greater than the value of any such property which so passed into the possession of such person.]
A Collector making any inquiry under this Act may exercise any power conferred by the Code of Civil Procedure on a Civil Court for the trial of suits.
An appeal shall lie from every order of a Collector under this Act to the Commissioner of the Division, and from every order of a Commissioner under this Act, to the Court.
All orders or proceedings of the Commissioner and of the Collector under this Act shall be subject to the supervision and control of the Court; and the Court may, if it thinks fit, revise, modify or reverse any such order or proceeding whether an appeal is presented against such order or proceeding or otherwise.
In the exercise of the powers and in the discharge of the duties conferred and imposed respectively on the Court by this Act, the Court shall be guided by such orders and instructions as it may from time to time receive from the 1[State] Government.
1. Subs. by the ALO.
No suit shall be instituted against the 1[Government] in respect of any thing done or purporting to be done under this Act or in respect of any alleged neglect or omission to perform any duty devolving on the 1[State] Government or the Court, or any of the officers subordinate to it and acting under this Act, or in respect of the exercise of, or the failure to exercise, any powers conferred by this Act on the 1[State] Government or the Court, or any officer subordinate to it and acting under this Act, except for the recover of possession of property in charge of the Court on the ground that such property is not subject to a trust, or for making the Court chargeable with or accountable for the loss or misapplication of any property in its charge or the income thereof, where the loss or misapplication has been occasioned by or through the wilful neglect or default of the Court or of any officer subordinate to the Court.
&nbs
The powers and functions conferred on the State Government by or under this Act shall, in relation to the estates of Rulers of Indian States, be powers and functions of the Central Government.]
3. Ins. by the ALO.
The court may make rules, consistent with this Act,--
(a) defining the powers of Commissioners and Collectors respectively when the property of a ward is situated in two or more districts or in two or more Divisions;
(b) prescribing what reports shall be made from time to time by Collectors and Commissioners on the condition of the ward and his property;
(c) prescribing the periods at which and the mode in which accounts shall be submitted by managers and guardians respectively, and the mode in which such accounts shall be audited;
(d) Regulating the custody of securities and title deeds belonging to the estate or property of a ward;
(e) regulating the procedure in appeals from orders of Collectors and Co
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