ANDHRA PRADESH (TELANGANA AREA) COURT OF WARDS ACT, 1350
12 of 1350
Preamble: Whereas it is expedient to consolidate and amend the law relating to the Court of Wards in the Telangana area of the State of Andhra Pradesh; It is hereby enacted as follows:
CHAPTER 1 Preliminary
Section 1 Short title, commencement and extent
This Act may be called, the Andhra Pradesh (Telangana Area) Court of Wards Act, 1350 F., and shall come into force in the Telangana area of the State of Andhra Pradesh from the date of its publication in the Official Gazette.
Section 1A Effect of Regulations LX and LXIX of 1358 F on this Act
With effect from the commencement of the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 Fasali (LX of 1358 Fasli) and the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation. 1358 Fasli (LXIX of 1358 Fasli), respectively, the provisions of this Act are subject to the provisions of the said Regulations
Section 2 Repeal, amendment and effect of repeal
(1) On the commencement of this Act, the Hyderabad Court of Wards Act No.V of 1307 Fasli, hereinafter called the said Act, shall be repealed.
(2) The person or property taken under superintendence, rules enforced, appointments made, notifications and orders issued, powers conferred and duties imposed, contracts, leases and pattas granted, rights acquired, lia lities incurred and acts done under the said Act or any enactment repealed thereby,. shall, so far as they are not inconsistent with this Act, be deemed to have been taken under superintendence, enforced, made, issued, conterred, imposed, granted, acquired, incurred and done under this Act.
(3) Any reference to or mention of the said Act in any law, instrument or voucher, shall be deemed to be a reference to, or mention of this Act or any portion thereof applicable to such law, instrument or voucher.
Section 3 Definitions
In this Act unless there is anything repugnant in the subject or context
(a) ward means any person whose property or whose person and property has or have been taken under the custody and superintendence of the Court of Wards under this Act or by a Firman of H.E.H. the Nizam passed before the commencement of the Constitution of India or an owner whose property has been notified under section 13, to have been taken under the superintendence of the Court of wards;
(b) owner shall mean the following persons:
(1) any person who owns land or has a life interest therein.
(2) Jagirdar, HissadariJagir and Guzaraya Jagir as defined in the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli;
(c) minor means a person who has not attained the age of 21 years;
(d) Collector includes the Nizam, Court of Wards
(e) Court means the Court of Wards.
CHAPTER 2 Constitution of the Court
Section 4 Appointment of the Court
The Board of Revenue shall be the Court, and for the purpose of this Act, the Collector shall be subject to the orders of the Court.
Section 5 Powers of Government
The Government may examine any order made or proceeding taken under this Act, and may modify, rescind or reverse it. The Court shall be subjected to the control of the Government.
Section 6 Mode of exercise, and delegation of Courts powers
(1) The Court may exercise all or any of the powers conferred upon it by this Act either directly or through the collector within the limits of whose jurisdiction any ward resides, or any part of the property of any ward is situate, or through any other person whom the Court may, in respect of the property of any ward or any part thereof or for any local limits, appoint for this purpose.
(2) The court may, with the sanction of the Government or under any rule made under this Act. delegate any of its powers to any , Collector or any other person appointed under sub section (1).
CHAPTER 3 Assumption of Superintendence of Person and Property
Section 7 When may owners, be deemed to be disqualified
(1) For the purpose of this Act an owner shall be deemed to be disqualified for the management or control of his property
(a) whose property or person and property has or have been taken under the custody and superintendence of the Court by a Firman of H.E.H. the Nizam passed before the commencement of the Constitution of India;
(b) who is a minor;
(c) who has been adjudged by a competent Civil Court to be of unsound mind and incapable of managing his property.
(d) who is a female and declared by the Government to be incapable of managing the property;
(e) who has been declared by the Government to be incapable of managing property on the following grounds:
(i) any physical or mental defect or infirmity, or
(ii) conviction for a nonbailable offence, his conduct or vice, or
(iii) extravagance or failure, without reasonable cause, to repay and discharge the debts and liabilities:
Provided that no person shall be declared to be disqualified under clause (e), unless he is a jagirdar, hissedar or guzaraya jagir and unless the Government is satisfied
(a) that the aggregate annual interest payable at the contractual rate on the debts and lia lities due by the owner exceeds one third of the gross income of the property; and
(b) that the property is likely to be dissipated on account of extravagance or failure to repay and discharge the debts and lia lities.
(2) no person shall be declared to be disqualified under clause (d) or (e) of subsection (1) unless the person concerned has been informed of the grounds on which it is proposed to disqualify him and he has had an opportunity to show that there is no ground for disqualifying him.
(3) No cause of action shall arise for a suit in a Civil Court in respect of any action taken under clause (d) or(e) of subsection (1)
Section 8 Protection of person and property of successor on death or disappearance of owner
(1) When Collector receives information that any owner who resided or whose property is situated within his territorial jurisdiction, has died or disappeared and has reason to believe that successor of such owner whether by survivorship or inheritance or will or gift, is a person who is or should be declared to be disqualified under section 7, the collector may -
(a) subject to the directions and control of the Court, take possession of the property of the deceased or missing owner, and appoint a manager thereof or make such order or take such measures for the temporary custody and protection of the said property as he deems fit. The manager appointed under this clause shall exercise all the powers conferred by this Act on a manager appointed by the Court.
(b) if the successor be a minor, direct the person in whose custody or protection the minor is to produce him or cause to be produced at such time and place, and before him or any person appointed by the Collector for this purpose. The Collector may make suitable orders for the temporary custody and protection of such minor, and if the minor be a female such direction shall be given with due regard to the custom and usage of the country.
(2) Any action taken by the Collector under subsection (1) shall be reported by him without undue delay to the Court, which shall decide whether the Collector should withdraw his management or submit a report under section 10.
Section 9 Recovery of expenses incurred for protection of property
The expenses incurred by a collector acting under section 8, shall, whether or not the property is taken over by him or a manager appointed, be charged on the property concerned, and shall be recovered from the owner or the person whom the Collector may declare to be in possession of such property as an arrear of land revenue.
Section 10 Inquiry into circumstances of owner by order of Court
(1) Where a Collector has reason to believe that any owner residing, or having his property situated, within his territorial jurisdiction, is or should be declared to be disqualified under section 7, he shall report the facts and circumstances to the Court, and shall in accordance with the direction of the Court, make such inquiry, as may be necessary, into the circumstances of such owner and extent of his indebtedness.
(2) The Court as also the Government may on their own motion direct any collector within whose territorial jurisdiction an owner, who is or should be declared to be disqualified under Section 7, resides, to make such inquiry as may be necessary, into the circumstances and debts of such owner.
(3) The Collector may either himself make an inquiry under subsection (1) or
(2) or direct a Deputy or Assistant Collector or any other person to make necessary inquiry.
(4) The officer conducting an inquiry under this section, shall in addition to notifying in the Official Gazette the date appointed by him for inquiry, notify the same in such manner as the Government may by a special or general order prescribe in this behalf. He shall also cause to be served a notice on the owner, and where the owner is a minor, on the person having custody or charge of the person or property or the owner or both, and shall give them an opportunity to be heard and to adduce evidence.
(5) From the date of the notification in the Official Gazette the owner shall be subject to the prohi tions mentioned in section 29 so long as inquiry is proceeding, and until the orders of Government are passed thereon.
(6) After the aforesaid inquiry, the Collector shall submit a report to the Court setting forth all the circumstances of the case.
(7) The question whether the provisions of this section have been complied with, shall be decided by the Government whose decision shall be final.
Section 11 Interim orders for protection of heirs and property in certain cases
The Court shall submit the report received under section 10 along with its opinion thereon to the Government, and may, pending orders of Government, adopt necessary measures at its discretion, for protection of the person and property of the owner.
Section 12 Order for assumption of superintendence by Court and notifying it
(1) Where the Court has assumed protection and superintendence of the property or person and property, of the owner under clause (a) of subsection (1) of section 7, the Court shall cause the Firman of H.E.H. the Nizam to be published in Official Gazette)
(2) The Government may, on the Courts recommendation order the court to assusme protection and superintendence of the property or person and propety of the owners mentioned in clauses (b), (c), (d) and (e) of subsection (1) of Section 7. An order made by Government shall be published in the Official Gazette.
Section 13 Superintendence of Court on application of owners
Any owner may apply in writing to the Government to have his property placed under the superintendence of the Court, and the Government may, on such application, if it is of opinion that it is expedient in the public interest and for the benefit of the applicants family to protect his property, and that the said property is of such value that economical management by the Court is practicable, order the Court to assume the superintendence of the property and notify accordingly in the Official Gazette.
Section 14 Superintendence to extend to whole of wards property Order as to commencement of superintendence to be notified
(1) The Government may, for the purpose of publication of the Firman of H.E.H. order and notification under Section 12 and 13, prescribe generally any other manner in addition to the Official Gazette. In view of any special case, the Government may in addition to the prescribed mode determine any other special manner.
(2) On publication under subsection (1), the Court shall appoint the Collector or any person who shall under this Act, discharge the duties of a Collector.
(3) When effect from the date of publication of Firman of H.E.H. and order under sections 12 and 13 the owner shall be deemed to become a ward and the protection and superintendence of his person or property or both by the Court shall be deemed to take effect from the said date.
(4) With effect from the said date all movable and immovable property of the owner whether the Court has or has not knowledge thereof, shall be deemed to be under the superintendence of the Court.
(5) Where after the Court has assumed superintendence, the ward has inherited any property or acquired any right or is otherwise declared entitled to any property or right, such property or right shall be deemed to be under the superintendence of the Court. But the Court may, in the interest of the ward, assume or refuse to assume superintendence of any property or right, other than that vested in him as successor or representative and which after the date of publication of the order of the Government accrues to the ward in any manner other than in the capacity of the successor or representative.
Section 15 Bar of suits against Court
No suit against the Court shall be instituted in any civil Court on the ground that the Court has exercised its powers of superintendence of the person or property of a person who was or is not an owner or a minor.
CHAPTER 4 Management and Guardianship
Section 16 Collector to take charge of wards property
When the Court has assumed superintendence of the property of a ward, the Collector named in the notification under subsection (2) of section 14, or if so directed by the Court, the Collector of the district in which any part of the property is situate, shall take possession and custody of the property on behalf of the Court and manage it in accordance with the rules made under this Act.
Section 17 Powers of Collector
A Collectorwho takes the property in his possession and custody, may
(a) require any person in possession of any movable property to the possession of which the ward is entitled or of any accounts or papers relating to the property of the ward to deliver up such property, accounts or papers to him within a specified time;
(b) in case there is reason to believe that any movable property to the possession of which the ward is entitled or any accounts or papers relating to the property of the ward, are to be found in any room, box or receptacle in any house in possession of the ward, break open or authorise to break open such house, or room, box or receptacle for the purpose of searching for such property or accounts or papers, and take or authorise any other person to take every precautionary measure for preventing clandestine removal of accounts, papers or property from such house or room:
Provided that an entry into any house or room occupied by a pardahnashin lady shall not be lawful unless sufficient time and adequate facilities are afforded to her for withdrawing therefrom;
(c) summon for examination any person who is or was in the employ of the ward and any person who was in the employ of the deceased owner from whom the ward got the property; and defray the necessary expenses for summoning and attendance out of the profits from the wards property.
(d) require all persons in possession of the immovable property of the ward or interested therein to produce documents in respect of their possession or interest.
Section 18 Allowance for ward and his family
The Court may, from time to time, determine the sums to be allowed for the expenses of any ward, his family and dependents.
Section 19 Custody, education and residence of ward
The Court may, at its discretion, make orders and arrangements for the custody, residence, education and marriage of the following persons:
(a) ward whose person is under the superintendence of the Court;
(b) any minor member of the wards family who, in the opinion of the Court, should be maintained at the charge of the wards property
(c) wards next male heir being minor and entitled to maintenance.
Section 20 Court to appoint manager etc.
(1) The Court may appoint a guardian for the person of the ward and manager for his property and may supervise their work or remove them.
(2) The Court may, at it discretion, obtain from the person appointed under subsection (1), security and guarantee for the performance and discharge of duties and may pay, if necessary, adequate remuneration for his service, from the property of the ward.
(3) An appointment made under subsection (1) shall terminate on cessation of superintendence of the Court.
(4) The appointment of a guardian under this section, shall be subject to the provisions contained in sections 3 and 17 of the Guardian and Wards Act, 1890
Section 21 Collector to act in absence of guardian or manager
Where no guardian or manager is appointed by the Court for the person or property of the ward or such office is temporarily vacant, the Collector specified in the notification under section 14, or any other person whom the Court may appoint for this purpose, may, under the control of the Court, do all acts that might be done by such guardian or manager.
Section 22 Who may appoint guardian
(1) No person being the next legal heir of a ward or appearing to have a direct or indirect advantage in the death or continued disqualification of such ward, shall be appointed as a guardian:
Provided that the Court may, as its discretion, appoint as guardian, the mother of a ward or any person who was appointed a guardian by will by any person empowered to make such appointment.
(2) Where a ward belongs to female sex a female shall be appointed to be her guardian, unless the Court, for special reasons otherwise directs. A male guardian shall be appointed for a minor who is a male above seven years of age.
Provided that no guardian shall ordinarily be appointed for a female ward whose husband is an adult.
Section 23 Duties of guardian
(1) A guardian appointed under section 20 shall-
(a) be charged with the custody of the ward and subject to the control of the Court, make suitable provision for his maintenance,. health and education and for such other matters as may be required by the religion and family custom and usage of the ward;
(b) keep and submit accounts at the time prescribed by the Court, for all moneys that may come in his control or possession;
(c) pay the balance due from him as per the accounts.
(2) The guardian shall continue to be liable to account even after he has vacated the office.
(3) The guardian shall not, without the sanction of the Court, do anything whereby the property of the ward is encumbered or expenses are incurred.
Section 24 Powers of Manager
Subject to the control of the Court, the manager may-
(a) collect the income of the wards property under the superintedence of the Court, and all moneys due to the ward and grant receipts therefor.
(b) under the orders of the Court, grant or renew leases for good management of the property and do any act for which he has been authorised by the Court generally or specially.
Section 25 Duties of manager
The manager shall diligently and faithfully manage the property placed under his charge and shall
(a) keep and submit at the times and in the forms prescribed by the Court, accounts of all such moneys as may come under his control or in his possession;
(b) deal with all moneys received by him in such manner as the Court may direct;
(c) without the sanction of the Court, not do anything whereby the property of the ward is encumbered or expenses are incurred;
(d) be responsible for any loss occasioned to the property by his negligence or wilful omission of duties;
(e) continue liable to account even after he has ceased to be manager;
Section 26 Employees of Court to be deemed Government servants
Any guardian, manager or any other employee of the Court, shall be deemed to be a Government servant for the purposes of Chapter IX of the Indian Penal Code, 1860 and the word "Government" used in the definition of "legal remuneration" in section 161 of the said Code shall, for the purposes of this section, include the Court within its meaning.
Section 27 Regulation of expenditure
The whole income from the property of any ward shall be expended on the following items, under the control of the Court. The charges in Class I shall have priority over all other charges and charges in Class II shall have priority over charges in Class III.
Class I Charges. Charges necessary for the maintenance, residence, education, marriage and indispensable religious ceremonies of the ward and his family, and for the management and supervision of his property. Payment of land revenue, taxes and other Government demands due in respect of the wards property or any part thereof.
Class II Charges. Rent and other demands due on account of any land in the possession of the ward and debts payable by the ward. Expenses necessary for pursuing cases in courts and departments or otherwise for the protection of wards interests. Charges for the maintenance of lands, buildings and other immovable property of the ward and upkeep of the furniture and other equipage or livestock and movable property.
Class III Charges. Under orders of the Court, payment of charges for the religious observances of the wards family or of other religious or charitable aids, allowances and donations befitting the position of the wards family. Prevention and relief of distress among the wards tenantry, improvement and benefit of the property to the ward generally.
Section 28 Application of surplus
Any surplus, remaining after applying the income of the wards property to the items specified in section 27 may, in consultation with the Finance Department, be utilised for the purchase of immovable property for the benefit of the ward, or be invested in the following securities:
(a) Promissory notes, debentures and stock of the Government or the Government of India:
(b) Bonds, debentures and annuities charged by the Imperial Parliament on the revenue of India or by the Government on the revenues of the State;
(c) Shares, debentures or stock in railways or other companies the interest whereon is guaranteed by the Government or the Government of India;
(d) debentures or other securities for money issued under any law, by any authority established in Telangana area of the State of Andhra Pradesh or in any part of India;
(e) such other securities, stock and share guaranteed by the Government or the Government of India or any State Government;
(f) first mortgagee of immovable property where the owners title thereto is not limited in time and which is situate in Telangana area of the State of Andhra Pradesh or in any part of India.
Section 29 Acts which ward cannot do
(1) A ward shall not
(a) transfer any part of his property under the superintendence of the Court; or create any charge thereon or interest therein other than the interest created therein under clause (e); or to enter into any contract or to make any acknowledgment involving him or his property in pecuniary lia lity.
(b) marry without obtaining sanction of Government through the Court;
(c) grant receipts for the rents and profits arising from the property or for debts or moneys which the Court is entitled to collect;
(d) adopt or give permission to adopt, without obtaining sanction of the Government through the Court;
(e) dispose of his property by will without obtaining sanction of the Government through the Court;
(2) The Government shall not refuse sanction under clause (d) and (e) of subsection (1):
Provided that the will or adoption is not contrary to the personal or special law applicable to the ward; or the property is not likely to be encumbered by the will or adoption or the will or adoption is not likely to lower the influence and respecta lity of the wards family.
(3) The Government may give its assent to the will or an adoption made or may confirm it.
(4) The provisions of clauses (d) and (e) of subsection (1) shall not apply to an owner whose property has been placed under the superintendence of the Court under section 13.
Section 30 Powers of Court as to property under superintendence
The court may generally, in respect of the whole property under its superintendence, or any part thereof, pass such order and do such act not inconsistent with the provisions of this Act or any other law for the time being in force, as may be necessary for the welfare of the ward and benefit of the property. The court may, subject to the general power, sell or mortgage the whole or any part of any property, other than State grant under its superintndence or may, at its discretion, lease out the whole or any part of such property for any term or may remit rent or other dues in respect of the property Provided that where the property has been taken under superintendence under section 13, the immovable property shall not in any way be encumbered given on lease for a term exceeding ten years, sold mortgaged or exchanged, without the consent of the owner and the sanction of the Government and in other cases without the sanction of the Government.
Section 31 Expenses for superintendence
The Court may, for the care and management of the ward and the property under its superintendence, and generally for carrying out the purposes of this Act, make necessary appointments and may defray the charges in proper proportion from the properties under its superintendence:
Provided that in no case the charges for supervision and management shall exceed two annas per rupee on the gross income of the said estate.
Section 32 Act VIII of 1317F
The Court may summarily evict any person in possession of, or occupying in contravention of the provisions of this Act, any property under its superintendence. For this purpose the Court may exercise all the powers which a Collector has under section 157 of the Andhra Pradesh (Telangana Area) Land Revenue Act,1317F.
Section 33 Rent, profits and other sums recoverable as land revenue
The Court shall, in respect of rents, lease money or land revenue due in the respect of property under its superintendence, have the same powers possessed by a Collector for the recovery of land revenue under the Andhra Pradesh (Telangana Area) Land Revenue Act 1317F.
Section 34 Immovable property under courts superintendence not to be sold for payment of land revenue"
No immovable property under the superintendence of the Court, shall be liable to auction or sale for the purpose of paying the arrears of land revenue. But if such property is auctioned or sold for any other reason, the arrears of land revenue shall first be paid from the proceeds of sale.
CHAPTER 5 Ascertainment of Debts
Section 35 Notice for filing claims
(1) On the publication of a notification under subsection (1) of Section 14 the Collector or any other person appointed subsection (2) of the said section shall, as soon as possible, notify in the Official Gazette and at such places and by such means as the Court may, by a general or special order determine, that persons having any pecuniary claims whether immediately enforceable or enforceable in future, against the ward or his property, should furnish to him full particulars of their claims in writing, within six months from the date of such notification. A copy of the notification shall be sent by registered post to the person whom the person notifying knows to have a pecuniary claim against the ward of his property:
Provided the person publishing the notification knows or can easily know the address of such person.
(2) The Government may at any stage of proceedings under sections 35,36 and 39, invest any person either by name or by virtue of his office with the powers of a Collector for all or any of the purposes of the said sections.
Explanation:-For purposes of this section and section 36 claim shall be deemed to be a pecuniary claim, notwithstanding that a suit in respect thereof is pending or a dispute with regard to such claim has been referred to ar tration or a decree or an ar tration award has been passed in relation to such claim.
(3) Any claim against the ward or his property other than a claim by the Government, not filed before the collector in accordance with the notice under subsection (1), shall, save in the cases provided for in clause (d) of subsection (2) of section 43 of this Act or section 7 of the Indian Limitation Act, 1908, be deemed, to have been duly discharged, for all purposes and on all occasions whether during the continuance of the superintendence of the Court or afterwards, unless in any suit or proceeding instituted by the claimant, or his legal representative, it is proved to the satisfaction of the Civil Court that the plaintiff or his legal representative has, for good and sufficient reasons, failed to act in accordance with the notice published under subsection (1).
Section 36 Claims to be submitted with full particulars
(1) Every person, having a money claim to be satisfied immediately or in future against a ward or his property shall, within the period prescribed under section 35, present his claim in writing to the Collector with full particulars thereof. Any claim presented within six months from the expiration of such period, shall be admitted, if the Collector is satisfied that there was good and sufficient cause for not notifying the claim within the period:
Provided that where the Court is satisfied that any claim as aforesaid, could not have been presented within the period prescribed under section 35 due to reasonable and sufficient cause, it may, with the sanction of the Government allow him to file such claim at any time after the expiration of such period. But notwithstanding any contract, decree award or law to the contrary, no interest shall be allowed on such claim for the period between the date of expiry of the period and the date of presentation of the claim.
(2) Every document, in the possession of or under the control of the claimant and relevant to the claim, shall be produced before the Collector with the statement of claim, within the prescribed period. But where the claim related to an amount secured by a decree or award, it shall be sufficient for the claimant to produce a certificate by the Court passing or executing the decree, specifying the amount recoverable or a certified copy of the award specifying the amount recoverable thereunder , and if the claim is pending in any Court or has been referred to ar tration, it shall be sufficient for the claimant to produce certified copy of the plaint, and if the stage for filing a plaint has not reached, a certified copy of the reference to ar tration.
Explanation: For the purposes of this subsection, a document shall include entries in books of the account.
(3) The Collector may require the claimant to produce, such other documents in his possession or power, relating to the claim, other than those mentioned in subsection (2)
(4) Unless the Collector otherwise directs, every document produced under this section, shall be accompanied by a copy thereof. The Collector shall mark the original document for the purpose of identification, and after comparing the copy with the original, shall retain the copy and return the original to the person producing the same.
Section 37 Government claims etc., not to be affected
Nothing contained in sections 35 and 36 shall apply to claims of Government or of any local authorities, or to claims for maintenance for wages and salaries due to servants.
Section 38 Effect on subsequent transaction
Nothing contained in this Chapter shall apply to any claim in respect of any transaction subsequent to the date of publication of the notification under section 14.
Section 39 Claims admitted or disallowed
(1) The collector shall, after making such inquiry as he deems fit, decide as to which claims notified to him or presented to him under section 36, are to be allowed in whole or in part and which are to be disallowed. On such decision being confirmed by the Court, the collector shall give written notice of the same to the claimants.
(2) The collector may, where he has admitted any claim or part thereof, make to the claimant a proposal in writing for the reduction of the claim or for the rate of interest to be paid in future or for both or for the terms of payment. If the claimant accepts such proposal in writing with or without modification, and such written acceptance is attested by the Collector himself or by any Revenue Officer, not below the rank of a Deputy or Assitant collector, appointed by the Government by a general or special order for the purpose, it shall be nding upon the claimant.
(3) Subject to the provisions of subsection (2) nothing contained in this section shall preclude any claimant from instituting or continuing any suit in a Civil Court in respect of any claim against a ward or his property. whether such claim is allowed or disallowed by the Court:
Provided that where a suit is instituted, no decision made under this section, shall be used as against the defendant:
Provided further that where the claimant has failed to notify his claim under section 36, no suit or proceeding in respect of such claim shall be maintainable unless the plaintiff satisfies the Civil Court that there was reasonable and sufficient cause for not notifying his claim.
Section 40 Execution of decree to be stayed till certificate is produced
On the publication of a notification under section 35 the Court shall not proceed with execution of a decree against the person or property of the ward, until a certificate to the effect that the decreeholder has acted in accordance with section 36 is produced or until the expiration of three months from the date of receipt by the Collector of a written application by the decreeholder, for such certificate, accompanied by a certified copy of the decree.
(2) Any person, holding a decree against the ward or his property, shall be entitled to receive from the collector free of cost the certificate under subsection (1). Such certificate shall be conclusive proof of the matters stated therein.
(3) In computing the period of limitation for the execution of the decree, proceeding in which have been stayed under sub section (1), the time from the date of the notice or of the decree, if it was passed subsequently to the publication of the notice, to the date when the Collectors decision under section 39 is confirmed and notified shall be excluded.
Section 41 Inadmissi lity in evidence of document not produced under section 36
Where any document which is in the possesion or under the control of a claimant is not produced by him as required by section 36, such document shall not be admitted in evidence in any suit instituted by the claimant or his legal representative during the continuance of the superintendence of the Court or after it is withdrawn, in respect of any claim or lia lity founded upon such document or supported by it, unless the Court is satisfied that there was reasonable and sufficient cause for not producing such document before the Collector.
Section 42 Stay of execution against property of ward
Where a Court has passed an order for execution of a decree against any property of a ward, the Collector may, within one year from the date on which superintendence is assumed, apply to the Court to stay the execution; and the Court may secure the interest and any loss of the decreeholder and stay execution of the decree for a reasonable period.
Section 43 Notice of withdrawal of superintendence and its effect
(1) When all the claims have been confirmed under section 39, the Collector shall submit to the Government through the Court, a schedule of the debts and lia lities of the ward, and the Government may, where the property appears to be involved in debts beyond any hope of extrication, or for any other sufficient cause, by order published in the Official Gazette direct that on a date to be specified, the superintendence of the property of the ward shall be withdrawn. From the said date -
(a) the superintendence shall terminate.
(b) the possession of the property under superintendence shall be delivered to the owner thereof.
(c) the contracts entered into by the Court for the preservation and benefit of the property shall be nding upon the owner, and
(d) the claims referred to in subsection (3) of section 35 shall revive.
(2) In computing the period of limitation, applicable to suit, in respect of claims, referred to in clause (d) of subsection (1), the time during which the property has been under the superintendence of the Court, shall be excluded.
Section 44 Provisions regarding leases with inadequate consideration
(1) Where any property of a ward is in the possession of any person who has been granted a lease by the ward and dated within the three years immediately preceding the commencement of superintendence of the Court, or any representative of such lessee, the collector may inquire into the sufficiency of the consideration for which the lease was granted; and if the Collector is of the opinion that the consideration is inadequate, he may with the previous sanction of the Court, give notice in writing to the lessee that the lease shall determine at the end of the then current revenue year, unless the lessee or his representative pays or agrees to pay such additional consideration specified in such notice within the date therein fixed. If the such person fails to pay or to agree to pay the additional consideration agreed upon by the Collector, the lease shall determine at the end of the then current revenue year. If the lessee or his representative is aggrieved by the said notice of the Collector, he may, within three months from the date of receipt of such notice, institute a suit against the ward, in a competent Court, for determining the following matters:
(a) Whether the consideration for the lease was adequate:
(b) If the consideration is found to be inadequate, the consideration which would be reasonable.
(2) The Court, if satisfied that the lease was granted for adequate consideration, shall pass a declaratory decree.
(3) If the Court is of the opinion that the consideration is inadequate, it shall determine the amount of additional consideration.
(4) If not suit is instituted as aforesaid or after institution of a suit, the Court decrees an additional consideration, and the lessee does not, within a month from the date of the decree pay or enter into an agreement to pay the additional consideration, the Collector may, without resorting to a Court, enter upon the property, and may evict the lessee or any person resisting on his behalf.
CHAPTER 6 Suits
Section 45 Civil Court not to entertain suits regarding exercise of discretion
(1) No Court shall question the propriety of an order passed by the Government or the Court in the exercise of its descretion under this Act.
(2) No suit shall lie against any Government servant or any guardian, manager, or servant appointed by, and discharging his duties under the Court, for anything done by him in good faith under this Act:
Provided -
(a) that any person evicted under Section 32 may sue for restitution; and
(b) that any person from whom rent, lease money or revenue has been recovered under Section 33, may sue for recovery of the same or any part thereof.
Section 46 Suit not to be instituted without written notice to Collector
(1) No suit relating to the person or property of any ward, shall be instituted in any Civil Court unless the plaintiff has given notice in writing of his intention to the Collector or to the person appointed under subsection (2) of Sec.14 and until the expiration of two months after such notice is given.
(2) The written notice referred to in subsection (1) shall state the name and place of abode of the plaintiff, the relief which he claims, and the cause of action; and the plaint shall contain a statement that such notice has been delivered. No notice shall be required in respect of a suit the period of limitation for which will expire within three months from the date of notification under Section 14.
Section 47 Suit or proceedings by or against ward
A suit or proceedings in any Civil or Revenue Court by or against ward shall be in his name; but shall be conducted or defended by the manager appointed under Section 20 as next friend or guardian and where no manager is appointed, the officer competent to act as manager under Section 21.
Section 48 Costs of suits to be charged to wards property
The cost decreed by a Court in any suit or proceeding against the manger of the property or the Officer appointed under Section 21, shall be paid out of the property of the ward.
Section 49 Suits not to be instituted on behalf of ward without leave of Court
No suit shall be instituted on behalf of any ward, by the manager of the property or the officer appointed under Section 21, unless authorised by some general or special order of the Court:
provided that a suit about to be barred by limitation, may be instituted without leave of the Court, but the Court shall not further proceed with such suit, until the Court ratifies the institution of the suit.
Section 50 Settlement of disppute between two ore more wards
Where in any suit or proceeding wards being parties, have conflicting interest, the Court shall appoint for each such ward a next friend to conduct the suit or proceeding under supervision of the Court.
Section 51 Procedure for ar tration in suits between wards
If, in the opinion of the Court, any dispute between two or more wards is a fit subject for reference to ar tration, it shall appoint a next friend for each ward and shall direct him to submit the dispute to the ar tration of such referees or ar trators as may be nominated by the Court.
(2) An award made under subsection (1) shall have the same effect and consequences, as an award made by referees or ar trators to whom a dispute is referred by persons who are not wards.
Section 52 Court not liable for expenses
When a suit is instituted in a Court in respect of any property of the ward under the superintendence of the Court, and the title of the ward to such property is lost by reason of a decree of the Court, the expenses incurred in the course of litigation, shall be paid from any other property of the ward.
CHAPTER 7 Withdrawal of Superitendence of Person and Property
Section 53 Withdrawal of superintendence
The Court shall save as provided in Section 56, withdraw superintendence of the person and property of the ward when
(a) the ward attains majority:
(b) a Civil Court declares that he is no more insane:
(c) on the orders of the Government being issued if the superintendence was imposed under clause (a) of subsection (1) of section 7;
(d) the Government revokes its declaration that any owner is disqualified:
Provided that where superintendence has been assumed under section 12, the Court may with the previous sanction of the Government, at any time withdraw its superintendence from the person or property of the ward or from both.
Section 54 Withdrawal of superintendence when debts cannot be liquidated within reasonable time
(1) Where the Court is satisfied that it is impracticable to liquidate within a reasonable time all the debts of an owner who has been made a ward under section 13, or the debts and lia lities due by him, it may, with the previous sanction of the Government, within two years from the date of publication of the notification under section 14, withdraw its superintendence, on a day to be notified, whether during continuance of superintendence, the debts and lia lities are partly liquidated or not liquid dated at all. From the date of such withdrawal such owner shall cease to be a ward, and the provisions, of Section 36 shall not apply to any debts and lia lities which become due after withdrawl of superintendence.
(2) In computing the period of limitation applicable to a suit brought or application made against the owner from whose property superintendence has been withdrawn as aforesaid, the time during which the superintendence of the Court continued shall be excluded.
Section 55 Withdrawal of superintendence of estate taken over under Section 13
If, in respect of any owner who has been made a ward under section 13, the Court is satisfied that his debts and lia lities have been discharged to an extent that he will thereafter be able to manage his estate and administer his affairs, the Court may, with the sanction of the Government, make over the management of the estate to the owner on a day to be notified. The owner shall, on the date when the management is made over, cease to be disqualified.
Section 56 Circumstances in which superintendence may continue
Where a ward dies or ceases to be disqualified before the debts and lia lities have been discharged, the Court may, with the sanction of the Government. retain the property under its superintendence until the debts and lia lities are discharged or for any shorter period and when for the purpose of discharging such debts and lia lities, Court has raised money on condition that it should retain the superintendence of the property until the money so raised is repaid, the Court shall not, without the consent of the lender, withdraw the superintendence until the money so raised is repaid:
Provided that, after the death of the ward, the Court shall not retain superintendence on account of any debts or lia lities which have been declared by a Civil Court not to be nding on the representatives of the deceased ward.
Section 57 Disqualifications of owner
If the Court retains superintendence of the property under section 56, the owner who has ceased to be disqualified or the person succeeding to the property, shall, in respect of the property under superintendence, be deemed to be a ward so far as the prohi tions contained in clause (a) (c) and (e) of subsection (1) section 29 are concerned; and any debts and lia lities incurred by such owner or person before he succeeded, shall not be chargeable on the property under the Superindentence until the debts and lia lities to discharge, which the superintendence has continued, have been discharged.
Section 58 Appointment of Guardian before release
(1) When the Court decides to withdraw its superintendence from the person and property of any minor, it may, before withdrawing such superintendence, by an order in writing, appoint any person to be the guardian of the person or property or of both of the minor.
(2) The appointment of guardian shall take effect from the date of release.
(3) In appointing a guardian under this section, the Court shall have due regard for the provisions of sections 3 and 17 of the Guardians and Wards Act, 1890.
(4) Every such appointment shall be notified to the District Judge within whose jurisdiction the property of the minor or any part thereof is situated.
(5) Such a guardian shall be deemed to have been appointed by the District Judge and to be subordinate to him, and shall have, and be subject to the same rights, duties and lia lities as a guardian appointed under the said Central Act.
Section 59 Recovery of expenses after release of estate
Any expenses incurred by the Court on account of any property under its superintendence, and not defrayed during superintendence, shall be recovered as an arrear of land revenue from any person in whose favour such property or any part thereof has been released:
Provided that the expenses so recovered shall not exceed the value of the property so released.
Section 60 Procedure where succession is disputed
Where on the death of a ward, the succession of his property or any party thereof is disputed, the Court may retain its superintendence until a claimant has established his title to the same in a Civil Court or a Revenue Court, or institute a suit or proceedings against all the claimants for settlement of their claims.
Section 61 Retention of superintendence where there are more owners than one
(1) If there are more owners than one of any property under the superintendence of the Court, and if any one of such owners has ceased to be a ward and the Court considers this cause expedient in the interests of the owner who remains a ward, it may retain the whole property under its superintendence.
(2) If the Court under subsection (1) retains superintendence of the share of any owner who has ceased to be a ward, such owner shall not be competent to transfer or create any charge and incur any lia lity on any part of his share during the superintendence of the Court, but he shall not be prevented from making a testamentary disposition, or from applying to a Court of competent department for partition of his share and from the date of such application until such partition takes place, the Court shall pay to such owner the surplus income accruing from his share of the property.
Section 62 Powers in respect of property the superintendence of which is retained
When the court retains superintendence of any property under Section 56 or 60 or 61, it may exercise all the powers conferred by this Act in respect of any property of a ward. All acts done by the Court under this section shall be nding on the owner of such property.
Section 63 Delivery of documents and accounts on withdrawal of superintendence
When the Court withdraws its superintendence of any property, it shall deliver to the owner all documents of title and all papers, and accounts and such records as it may think proper relating to such property.
Section 64 Notification for withdrawal of superintendence
The fact of withdrawal of superintendence of person or property shall be notified in the Official Gazette.
Section 65 Withdrawal of superintendence without discharging lia lity
When the Court withdraws its superintendence of any property under the provisions of Chapter VII, without discharging the lia lities thereof, the time from the date of publication of notice, under Section 35 to the date of such withdrawal shall be excluded in computing the period of limitation applicable to suits for the recovery of the claims outstanding at the date of such publication.
CHAPTER 8 Miscellaneous
Section 66 Power of Court in regard to religious endowments, of which ward is hereditary mutawalli or manager
If a ward is a mutawalli or hereditary manager of a temple, mosque or other religious establishment or endowment, the Court may, during his wardship, make arrangements for the discharge of his duties as mutawalli or manager:
Provided that, for the personal management by the ward of the affairs of any such establishment or endowment, the Court shall appoint suitable person other than a Government servant, and shall as far as possible restrict its superintendence to the preservation of the property belonging to such establishment or endowment
Section 67 Penalty for abatement in marriage
Whoever, without previous written permission of the Court, abets the marriage of any person specified in Section 19 and who is maintained in the tenor of the said section, by the wards estate within the meaning of that section, shall be liable on conviction before a Court of Session, to be punished with fine which may extend to two thousand rupees or with imprisonment for a term not exceeding six months or with both.
Section 68 Power to compel attendance of witnesses
In holding any inquiry under this Act, the Collector or a person authorised shall have the powers vested in a Civil Court under the code of Civil Procedure, 1908.
Section 69 Appeals
(1) An appeal shall lie from every order passed under this Act, within sixty days from the date of order whether such order is original or on appeal.
(2) An appeal, from an order passed by the Court, shall lie to the Government
(3) An appeal, from an order passed by the Collector shall lie to the Court.
(4) In all other cases the first appeal shall lie to the Collector but in no case there shall be a third appeal.
(5) Sections 161,163, 164 and 165 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F shall apply to appeals under this section.
Section 70 Power to make rules
(1) The Government may make and enforce rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of subsec (1) the Government shall make and enforce rules for the following matters:
(a) appointment, salary and removal of manager or guardian
(b) manner in which security shall be taken from manager and amount thereof:
(c) matters relating to the superintendence or management of the wards property which shall be reported for the sanction of Government:
(d) forms of accounts and returns, the manner, time and period of thier submission:
(e) custody of securities and other title deeds belonging to a ward;
(f) procedure of filing appeals from an order of the Court;
(g) manner of notifying the powers of a manager to the persons concerned and the manner of publication thereof;
(h) manner in which the powers and duties of the Court under this Act shall be exercised and discharged. |
