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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 34] NEW DELHI, MONDAY, SEPTEMBER 14, 1964/BHADRA 23, 1886

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 14th Sep- tember, 1964: —

BILL NO. 58 OF 1964

a bill to provide for the superintendence of the estates of the Rulers of Indian States by the Court of Wards in certain cases.

BE it enacted by Parliament in the Fifteenth Year of the Republic

nf India as follows: —

CHAPTER I

PRELIMINARY

5 1. (1) This Act may be called the Court of Wards (Rulers of Indian States) Act, 1964.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Short title, ex- tent end com- mence- ment.

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

10

2, In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "Commissioner" includes the Board of Revenue;

(b) "Indian State" has the same meaning as in article 366 of the Constitution;

(c) "minor" means a Ruler who, under the provisions of the '5

Indian Majority Act, 1875, has not attained majority;

9 of 1875.

(d) "Ruler" has the same meaning as in article 366 of the Constitution;

(e) "ward" means a Ruler who has been made a ward of 20 the Court of Wards under this Act.

(531)

429 G of I. Ex.—1.

CHAPTER II

COURT OF WARDS AND ASSUMPTION OF SUPERINTENDENCE OF ESTATES

3. The Collector or the Deputy Commissioner of a district shall Court of Wards.

be the Court of Wards for the limits of his district:

5 Provided that the Central Government may, if it thinks fit, by

notification In the Official Gazette,—

(a) appoint a Commissioner or Special Officer to bo the

Court of Wards for any division, district, area or estate; or

io (b) constitute a Board consisting of two or more officers to be the Court of Wards for any division, district, area or estate.

4. The Court of Wards may, with the previous sanction of the Central Government, assume the superintendence of the estate o: any Ruler who is disqualified under section 5 to manage his estate.

5. The following Rulers shall be deemed to be disqualified to

manage their estates, namely: —

IS Assump- tion of superin- tendence by Court of Wards of the estates of dis- qualified Rulers Disquali- fied Rulers.

(a) Rulers who are minors;

(b) Rulers declared by a competent civil court to be of

unsound mind and incapable of managing their estates;

(c) Rulers declared by the Central Government to be in-

20 capable of managing or unfitted to manage their estates,—

(i) owing to any physical defect or infirmity; or (ii) owing to their having entered upon a course of ex- travagance; or

(in) owing to their failure to discharge the debts anc

liabilities due by them:

25

Provided that no declaration under sub-clause (ii) or sub-claus< (in) of this clause shall be made unless the Central Government ii satisfied—

30 (a) that the aggregate annual interest payable at the con. tractual rate on the debts and liabilities due by the Ruler ex- ceeds one-third of the gross annual profits of the estate; or

(b) that such extravagance or such failure to discharge th< said debts and liabilities is likely to lead to the dissipation of th< estate.

5<

6. (1) Where on the basis of any Information in its possession,

he Central Government has reason to believe that a Ruler is inca-

>able of managing or unfitted to manage his estate under clause (c)

>f section 5, it may direct an inquiry to be made into the circuinstan-

:es and conditions of the Ruler by an officer of Government appoint-

sd by it in this behalf.

Inquiry into cir- cum- stances and condi- tions of a Ruler believed to be dis- qualified.

S of IBOB.10

(2) The officer appointed to make the inquiry may, for the pur- pose of compelling the attendance of witnesses and the production af documents in the course of such inquiry, exercise all or any of the powers of a civil court under the Code of Civil Procedure, 1908.

(3) The Central Government, on receipt of the report of the officer appointed to make the inquiry, may, if satisfied that it is lecessary in the public interest so to do, declare the Ruler to be disqualified under clause (c) of section 5:

15

Provided that no such declaration shall be made in respect of a Ruler until the Ruler has been furnished by the Central Government with a detailed statement of the grounds on which it is proposed to disqualify him and the Ruler has had an opportunity of showing cause why such declaration should not be made,

20

8 of 1890.

[Assump- tion of superin- tendence by the appointed guardian.

7. Where any person is appointed or declared to be guardian of the estate of a minor under sub-section (1) of section 7 of the Guar- dians and Wards Act, 1890, he shall intimate the fact to the Court oJ Wards, and the Court of Wards may thereupon, with the previous sanction of the Central Government, assume the superintendence o\ the estate.

25

30

8. (I) Any Ruler may apply to the Central Government to have his estate placed under the superintendence of the Court of Wards and the Central Government may on such application, if it thinks fi1 and expedient, order the Court of Wards to assume the superinten- dence of the estate.

Superin- tendence by Court of Wards on appli- cation of a Ruler

(2) An order made by the Central Government under sub-section (I) shall be sufficient to authorise the Court of Wards to assume thj superintendence of the estate referred to therein, and such order shall not be questioned in any court of law.

35 9. (1) Pending decision as to succession, the Central Govern- ment may, if it considers it necessary so to do for the protection oi the estate of a deceased Ruler, direct the Court of Wards to take sucr steps and make such orders i'or the custody and protection of thf estate of such Ruler as the Court of Wards thinks fit.

Tempo- rary pro- vision for protection of estates of Rulers.

in certain cases.

s (2) Whenever the Court of Wards has reason to believe that the person recognised as the successor of a deceased Ruler is one who is, or should be declared'to be, disqualified under section 5, it may take such steps and make such orders for the temporary custody and protection of the estate of such Ruler as it thinks fit.

10. Where a Ruler owns an estate which is within the jurisdic-

tion of two or more Courts of Wards, such one only of the Courts of Wards as the Central Government may direct in this behalf shall assume the superintendence of the estate of the Ruler.

Superin- tendence where estate is within the juris- diction o* two or more Courts of Wards.

TO 11, (I) Whenever the Court of Wards assumes the superintendence of the estate of any Ruler under this Act, the fact of such assump- tion and the date on which it was sanctioned or ordered by the Central Government shall be notified in the Official Gazette.

r5 Assump- tion of superin- tendence to be noti- fied and to extend to whole of the ward's estate.

(2) On and with effect from the date of such sanction or order, the whole of the property, movable and immovable, comprising the estate of such Ruler, whether the existence of any such property may be known to the Court of Wards or not, shall be deemed to be under its superintendence.

20 (3) Any property which the ward may inherit subsequent to the date of such sanction or order and during the continuance of the superintendence, shall also be deemed to be under the superinten- dence of the Court of Wards.

12. No suit shall be brought in any civil courl to contest the

25 authority of the Court of Wards in respect of the estate of any Ruler under this Act on the ground that such person was not, or is not a Ruler or a minor.

Barring of aults to contest authority to assume iuperin- tendence.

CHAPTER III

INVESTIGATION OF CLATMS AOAINST THE WARD

3° 13. (1) On the issue of a notification under sub-section (1) Q! section 11, the Court of Wards shall publish in the Official Gazette, and in such other manner as the Central Government may, by general or special order, direct, a notice, in English and also in the Publica- tion of notice to claimant* against ward.

5

regional language or languages in common use in the district or division in which the ward is ordinarily resident and in the district or division in which his estate or any part thereof is situated, calling upon all persons, having claims against the ward or his estate to submit the same in writing to the Court of Wards within six months from the date of the publication of the notice aforesaid in English In the Official Gazette.

10

(2) Every such claim (other than a claim on the part of the Government) not submitted to the Court of Wards in compliance with the notice published under sub-section (1), shall, subject to the provisions of clause (c) of sub-section (2) of section 17, be deemed ior all purposes and on all occasions, whether during the continuance at' the superintendence or thereafter, to have been duly discharged:

15

20

Provided that if the Court of Wards is satisfied that the claimant for reasons beyond his control or other sufficient reasons was unable to comply with the notice published under sub-section (1) within the period referred to therein, it may receive his claim at any time after the date of the expiry of that period, but any claim so received shall, notwithstanding any law, contract, decree or award to the contrary, cease to carry any interest from such date until its receipt

14. (I) The Court of Wards may by written order require thai any claimant submitting his claim shall, within such reasonable time as it may specify in such order, furnish full particulars thereoJ and produce all documents on which he relies to support his claim together with a true copy of every such document:

25

Power to require claimant* to furnish full parti- culars and docu- ments,

30

Provided that, where the claim relates to an amount secured by a decree or award, it shall be sufficient for the claimant to product before the Court of Wards, a certified copy of the decree and a certi' ftcate from the court which passed the decree or is executing i1 declaring the amount recoverable thereunder, or a true copy r>f tht award and statement ol the sum recoverable thereunder, as the cast may be; and where the claim is pending adjudication in any cour or has been referred to arbitration, it shall be sufficient for th< claimant to produ(e a certified copy of the plaint, or as the case maj be, © true copy of the reference to arbitration.

35

(2) The Court of Wards shall, after marking for the purpose 0 identification, pvery original document so produced and verifying the correctness of the copy, retain the copy and return the orlgina to the claimant.

40 i (3) Where any document, which is the possession or under thi control of a claimant, is not produced by him in accordance with ai order under sub-section (1), the document shall not be admlasibli in evidence against the ward, in any suit filed, whether during th" continuance of the superintendence of the Court of Wards 0:

5 thereafter, by such, claimant, or by any person claiming under him, in respect of any claim to which the document relates, unless it is proved to the satisfaction of the court that he was, for reasons beyond his control or oth.-r sufficient reasons, uruble tu produce such document as required by such other.

Investi- gation and decision of claims.

10 15. (1) On receipt of the claims submitted in compliance with the provisions of sections 13 and 14, the Court of Wards shall proceed to investigate such claims and shall decide, subject to the provisions of sub-section (3), which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communi- cate its decision in writing to each claimant concerned.

*5

20 (2) Where the Court of Wards has admitted any claim under sub-section (1), it may make to the claimant 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 claimant, and his acceptance is finally recorded and is attested by the Court of Wards or by any Revenue Officer (not below the rank of a Deputy Collector or an Assistant Commissioner) whom the Central Government may, by general or special order appoint in tin's behalf, it shall be conclusively binding upon the claimant:

25 Provided that if, when the superintendence of the estate by the Court of Wards is withdrawn, any portion of the claim reduced as aforesaid is still unsatisfied, the claimant shall be entitled to recover e sum bearing the same proportion to the original claim admitted under suib-section (1) as the unsatisfied portion bears to the reduced claim.

30 (3) Subject to the provisions of sub-section (2), nothing in this section shall be construed to bar the institution of a suit in a civil court against a ward or his estate for the recovery of a claim which has been duly submitted to the Court of Wards:

Provided that no decision of the Court of Wards under this section shall be proved in any such suit as against the defendant.

35 Execution of decrees to be stayed till certi- ficate filed,

40 16. (1) On the publication of a notice in English in the Official Gazette under subjection (1) of section 13, no proceeding in execu- tion of any decree against the ward or his estate shall be instituted or continued until the decree-holder flies a certificate from the Court of Wards that the decree-claim has been duly submitted or until the expiration of one month from the date of receipt by the Court of Wards of a written application, accompanied by a certified copy of the decree, for such certificate.

36 of 1963.

(2) In computing *he period of limitation prescribed by the Limitation Act, 1963, for any application for the execution of a decree, proceedings in which have been stayed or temporarily barred by

Src. 2] THE GAZETTE OF INDIA EXTRAORDINARY 537

5

reason of the claim not having been duly submitted, the time frorr the publication of the notice in English in the Official Gazette under sub-section (/) of section 13 or from the date of the decree if it was passed subsequent to such publication, to the date of due submission shall be excluded.

Report to Central Govern- ment

10

17. (1) When all claims have been investigated under section 15, the Court of Wards shall submit to the Central Government a schedule of the debts and liabilities of the ward, and the Centra] Government may, where the estate appears to be involved beyond all hope of extrication, or for any other sufficient reason, by an order published in the Official Gazette, direct that, on. a date to be fixed by the order, the superintendence of the estate of the ward by the Court of Wards shall be withdrawn.

(2) On the date so f i x e d-

fa) the superintendence shall terminate;

15

(b) the Ruler of the estate under superintendence shall be restored to the possession thereof, subject to any contracts en- tered into by the Court of Wards for the preservation or benefit of such estate;

(c) the claims referred to in sub-section (2) of section 13 20

shall revive.

(3) In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities revived under this section, t he time during which the superintendence has continued shall be excluded.

25'

CHAPTER W

POWERS AND FUNCTIONS OF COURT OF WARDS

30

Dele tion pow by'. ofV

35 '•

18. (1) Where t he Court of Wards does not consist of the Collec- tor or the Deputy Commissioner of a district, such Court of Wards may, with the general or special sanction of the Central Government, from time to time, delegate all or any of its powers to the Collector or the Deputy Commissioner of any district in which any part of the estate of the ward is situated, or to any other Revenue Officer not below the rank of a Deputy Collector or an Assistant Commis- sioner whom it may appoint in this behalf, and may, at any time, with the like sanction, revoke such delegation.

40¹

(2) Where the Court of Wards does not consist of the Collector or the Deputy Commissioner of a district, then, subject to any general or special orders of the Central Government, such Court of Wards may exercise all or any of the powers conferred on it by this Act through the Collector or the Deputy Commissioner of any dis- trict in which any part of the estate of a ward is situated, or through

538 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

any other Revenue Officer not below the rank of a Deputy Collector or an Assistant Commissioner whom it may appoint in this behalf, and, subject to the like orders, any such Collector, Deputy Commis- sioner or other Revenue Officer may exercise all or any of those powers through any Revenue Officer subordinate to him.

5

io

(3) Where the Court of Wards consists of the Collector or the Deputy Commissioner of a district, then, subject to any general or special orders of the Central Government, such Court of Wards may exercise all or any of the powers conferred on it by this Act through a Deputy Collector or an Assistant Commissioner whom it may appoint in this behalf; and subject to the like orders, any such Deputy Collector or Assistant Commissioner may exercise all or any of those powers through any Revenue Officer subordinate to him.

10. The Court of Wards may appoint a manager of the estate of

any ward under its superintendence.

15

Appoint- ment of manager by Court of Wards.

20. (1) Every manager appointed by the Court of Wards shall—

Liabilities

tc., of ianager upointed / Court

(a) give such security, with such sureties, if any, as the Court of Wards thinks fit for the due discharge of the trusts of his office and for the due accounting of all property and moneys which come into his control or possession by reason of his office;

Wards.

20

(b) be entitled to such allowance as the Court of Wards thinks fit for his diligence and responsibility in the execution of his duties; and

25

(c) be responsible for any loss occasioned to the estate under his management by his wilful default or gross negligence; and every such loss shall be recoverable from him and from the sureties, if any, in the same manner as an arrear of land revenue. (2) The manager or any servant of the Court of Wards shall be

30 45 of 1860.

deemed to be a "public servant" within the meaning of Chapter IX of the Indian Penal Code; and, in the definition of "legal remunera- tion" contained in section 161 of the said Code, the word "Govern- ment" shall, for the purposes of this sub-section, be deemed to include the Court of Wards.

35

3 40

21. Subject to the provisions of this Act and of any rules made ¹ thereunder, the Court of Wards may, by itself or through the manager, if any, appointed by it under this Act, do all such things as may be necessary for the proper care and superintendence of the estate diligently and faithfully for the benefit of the estate, and the Court of Wards or the manager shall ih every respect act to the best of its or his judgment for the interests of the estate as if the estate were its or his own.

22. The Court of Wards may, from time to time, determine wha

sums shall be allowed in respect of the expenses of any ward, and o; his family and dependents.

Allow- ance tor ward, hit family and de- pendents.

23. The Court of Wards may sell, exchange, mortgage, charge 01

5

let the estate of a ward, and may do all such things as it may judgt to be best for the benefit of the estate and the advantage of the ward:

Powers of Court of Words as to the estate of the ward.

Provided that—

10

(a) the previous sanction of the Central Government shal] be required for any sale, exchange or mortgage of, or charge 011 immovable property and for any lease of such property for a term exceeding ten years, and

(b) where one-third of the immovable property of a ward has already been sold or exchanged, no further sale or exchange shall be made.

15

Recovery of arrears of rent, etc as airear" of land revenue.

20 £

24. For the purpose of the recovery of rents, profits and other sums 3ue in respect of the estate under the superintendence of the Court )f Wards (whether such arrears become due before or after the issumption of such superintendence), the Court of Wards shall have ill the powers possessed by the relevant authority or officer of a dis- trict tinder the law for the time being in force for the recovery of land revenue due to Government.

25. Save as otherwise provided in section 26, no estate under the superintendence of the Court of Wards shall be liable to sale on account of arrears of land revenue:

25

Provided that all such arrears of land revenue shall be the first charge upon the sale proceeds of any such estate which may be sold for any cause other than for arrears of land revenue.

Estate under superin- tendence of Court of Wards not liable lo sale for arrears.

30 '

Liability of estates to pay ex- penses of Court of Ward*.

26. All expenses incurred by the Court of Wards under the provi- sions of this Act in respect of the estate of a ward and if the Court of Wards assumes the superintendence of the estate of any Ruler disqualified under clause (e) of section 5, all expenses Incurred by the Central Government for complying with the provisions of eec- tion 6 in relation to such Ruler, shall form a charge upon such estate and shall be recoverable as arrears of land revenue.

3 5'

27. (7) Whenever it appears to the Court of Wards that by virtue sf or in execution of a decree or order of a civil court, the estate of

Power ol Court of Ward* to

429 G of I Ex.—2.

a ward under its superintendence is or is lively to be insufficient for the payment of the expenses—

(a) of the superintpidenrp of the e^f?te of the said ward

under this Act, or

5 (b) of the said ward, his (flip lv and dependents, allowed

under section 22,

claim exemption of the estate of ward from pro- cess of civil court.

10 the Court of Wards may issue a ceiHftcate in writing to the civil court executing the said decree 01 order claiming exemption of the estate for such period as the Couri of Wards may from time to time deem expedient from any attachment, sale, transfer or other process of a civil court.

15

2C

30 of 1963.

(2) Upon the receipt of such oeitificate, the civil court executing the decree or order against tho paid estate shall notwithstanding any- thing contained in section 16 or any other law for tho time being in force, raise any attachment or other process pending against the estate specified in the certificate or shall set a^ide any order of sale or trarrfer of the said estate which thereupon shall bo exempt from any attachment, sale, transfer or oilier Drocess nf a c'vil court for the period specified

25 Provided that if the superintendence of the Court of Wards of the said estate terminates under --ed'on 17, or iz withdrawn under sec- tion 36, the exemption granted under this section shall, with effort from the date of such termination or withdrawal, cease to be in operation.

Notice of suit

30 28. No suit relating to the estate of ->ny word shall be brought in any civil court until the expiration of two months after notice In writing stating the name and pHce of "bode of the intend ng'plaintiff, the cause of action and the re^'o" claimed has been delivered to, or left at the office of, the Court nf Wards; and the plaint shall contain a statement that such notice his been ro delivered or left:

35 Provided that notice under this section shell not be required in the case of any suit the period of limitation for which will expire within three months from the date of the notification under sub-sec- tion (7) of section 11

40 29. In every suit brought by or against a ward, the manager or if there is no manager, the Court of Wards having the superintendence of the ward's estate shall be named as the next friend or guardian for the suit, as the case may be.

Manager or Com t of Wards to be next friend or guardian lr. suits by or again.,* the ward.

Payment of costs.

3W. Where, in eny suit brvjght by or agamst a ward, any civil cour decrees any costs again&t the ward's next friend or guardian for th( suit, the Court oi Wards shall cause the costs to be paid out of th< estate of the ward-

5 Hi- Every process which may he issued by any "civil or revenue court against any ward shall be served on the ward's next friend oi guardian for the suit.

Processes against ward to be served on his next friend or guardian.

10

Jl. No suit shall be brought, and no appeal in any suit shall b< preferred, by any manager appointed by the Court of Wards on behal! of any ward unless it is authorised by an order in writing of th< Court of Wards:

Authority of Court of Wards required in case of suits brought on behalf of wards.

15

Provided that the manager may authorise the filing of a plaint 01 a memorandum of appeal in order to save a suit or appeal from being barred by the law of limitation, but the suit or appeal shall not after wards be proceeded wiih except, with the sanction of the Court oJ Wards.

20 i

Adjudica- tion of civil disputes between two or more warda.

6 of 1908.

33. (/) Where any question arising between two or more wards is of such a nature that an adjudication upon it by a civil court is ex- pedient, it shall be lawful tor the Court of Wards or any persor who may be authori:ed by it in this behalf to file in the civil couri in which a cajc might have been stated for its opinion with regard to that question under rule 1 oi Order XXXVI in the First Schedule to the Code of Civil Procedure, 1908, a statement containing the point or points for delermination.

5 (2) When such statement has been filed, the court shall appoint 0 guardian for the suit for each ward having a separate interest, and such guardians shall thereupon conduct the case subject to the general control of the Court of Wards.

30 :

5 of 1908.

(3) The court may, iF it thinks lit, amend the case so stated and shall then proceed to hear and dispose of the case in the manner pro- vided in Order XXXVI in thr> First Schedule to the Code of Civil Procedure, 1908, for the hearing and disposal of cases stated for its opinion under that Order.

CHAPTEB V

DISABILITIES OF A WARD

35

Disabili- ties of a ward 31 (7) Except with the approval of the Court of Wards, a ward shall be incompetent to transfer or create any charge on, or interest n. his estate or any part thereof except such Interest as may be created

5 by a will made in accordance with section 35 or to enter into any con tract which may involve him in pecuniary liability; and no suit shal be brought in any civil court whereby to charge any Ruler upon anj promise made after he has ceased to be a ward to pay any debt con tracted during the period when he was a ward, or upon any ratiflca tion made after he has ceased to be a ward of any promise or con tract made during the period aforesaid, whether there is or Is no any new consideration for such promise or ratification.

(2) Kothing in this section shall be deemed to affect the capacity

10 ot a ward to enter into a contract of marriage:

Provided that a ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to which he is subject and to his rank and cir- cumstances, the Court of Wards may, in writing, declare to be reasonable.

15

35. No adoption or will made Tsy a ward shall be valid unless ii has been made with the sanction" o£ the Central Government obtain- ed on an application made to it by the ward through the Couri of Wards:

20 Sanction of Central Govern- ment necessary tor adoption •nd wills to toe made by w^rdf.

Provided that sanction shall not be withheld unless it appears to the Central Government that the adoption or the will la con- trary to the personal or special law applicable to the ward, or that It is likely to cause considerable pecuniary embarrassment to the estate or to lower considerably the influence or respectability of the Ruler in public estimation.

25

CHAPTER VI

RELEASE or ESTATES FROM SUPERINTENDENCE

38. (/) The Court of Wards shall withdraw its superintendence of the estate of a ward—

30 With- drawal of auperin- tendence of Court •f Wards.

(a) In the case of a Ruler disqualified under clause (a) of section 5 or in the case referred to in section 7, as soon as the Ruler attains his majority;

(b) in the case of a Ruler disqualified under clause (b) of section 5, as soon as he ceases to be of unsound mind and 1B capable of managing his estate;

35 (c) in the case of a Ruler disqualified under clause (c) of section 5, as soon as in the opinion of the Central Government he has become fit to manage his estate;

40 (d) in the case referred to in section 8, on such date as the Central Government may, by notification In the Official Gazette, appoint; and

(e) in the case of the death of a Ruler, as soon as his BUC- cessor Is recognised by the President.

(2) Nothing contained in sub-section (/) shall prevent the Cour of Wards—

5

(a) in any case where at the time when the Court a Wards has to withdraw its superintendence under aub-sectior (1), the estate is still encumbered with debts and liabilities from continuing its superintendence with the sanction of th< Central Government until such debts and liabilities are di" charged; or

(fa) from withdrawing its superintendence at any time witf the sanction of the Central Government.

10

Appoint-

ment of

guardian

in certain

cues.

15 '

37. (i) Where in exercise of the powers conferred by section 36 the Court of Wards decides to withdraw its superintendence from the estate of any minor, it shall, before such withdrawal, by an ordei in writing, appoint some person to be guardian of the estate of the said minor, and such appointment shall take effect from the date oi such withdrawal.

8 of 1890.

20

(2) In appointing a guardian under this section, the Court 01 Wards shall be guided by the provisions of the Guardians and Waxda Act, 1890, and every guardian so appointed shall have, and be sub- ject to, the same rights, duties and liabilities as if he had been appointed under that Act,

With-

drawal to

be notified

in Official

Gazette.

²5

38. Where the Court of Wards withdraws its superintendence tram the estate of a ward under this Act, the fact of such with- Irawal shall be notified in the Official Gazette and in such other man- ler as the Central Government may, by general or special order, lirect.

Appeal*.

39. An appeal shall lie from every order other than an order of a :ivil court passed under this Act, whether original or on appeal,—

(o) if the order is that of a Commissioner, Special Officer or a Board, to the Central Government;

30

(b) if the order is that of a Collector or a Deputy Commia- sioner, to the Commissioner;

(c) in all other cases, to the Collector or the Deputy Com- missioner of a district:

Provided that in no case shall a third appeal lie-

35

CHAPTER VII

MISCELLANEOUS

40 <

40. All orders or proceedings under this Act, other than orders or >roceedinga of a civil court, shall be subject to the supervision and ;ontrol of the Central Government; and the Central Government

Control of Central Govern- ment

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 not.

5 Delega. tion of functions by Central Govern- ment.

41. The Central Government may, by notiilcation in the Official Gazette, direct that the functions uxercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government.

10 Power to compel at- tendance of wit- nesses.

5 of 1908.

42. For the purposes of this Act, the Court of Wards may sum- mon and enforce the attendance of any witness and compel him to give evidence, and compel the production of documents, by the same means and, as far as may be, in the same manner, as is provided in the case of a civil court by the Code of Civil Procedure, 1908.

43. No suit shall be brought in any civil court against the Court

15 Bar of suits. of Wards or any public servant or peraon duly appointed or authoris- ed under this Act in respect of anything in good faith done or in- tended to be done under the provisions thereof or the rules made thereunder:

Provided that any tenant from whom an arrear of rent has been recovered under section 24 may sue for recovery of the amount, or any part thereof, so recovered,

44. (1) The Central Government may, by notification in the Offi-

cial Gazette, make rules to carry out the purposes of this Act.

25 (2) In particular and without prejudice to the generality of the

foregoing power, such rules may—

Power of Central Govern- ment to make rules.

(a) prescribe the matters to which regard shall be had in appointing or removing guardians and managers, and in fixing their remuneration, and their powers and duties;

30 (b) regulate the form, conditions and amount of security, and the number of sureties, if any, to be given by the managers appointed by the Court of Wards;

(c) prescribe the cases in which proposals or arrangements connected with the administration of the estates of wards shall be reported for the sanction of the Central Government;

35

(d) prescribe the accounts and other returns, and the form and other particulars thereof, which shall be rendered by the Court oi Wards to the Central Government and to the Court oJ Wards;

(e) regulate the custody of securities and title-deeds belong- ing to the estate of a ward;

(f) regulate the procedure in inquiries and appeals undei this Act, fix the periods of limitation which shall apply to such appeals and the fees payable in respect of such appeals;

5

(g) prescribe the mode in which powers delegated to managers and officers are to be notified for the information of persons concerned;

10

(h) prescribe the mode in which any expenses incurred by the Court of Wards, or any revenue officer under any power conferred by this Act may be recovered;

(i) generally prescribe the manner in which the powers and duties of the Court of Wards under this Act shall be exercised and performed.

15

20

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirl y days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately follow- ing, both Houses agree in making anv modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annul- ment shall be without prejudice to the validity of anything previ- ously done under that rule.

25

Repeal and savings.

3^>

45. (I) The enactments specified in column 2 of the Schedule shall, to the extent to which they confer powers and functions in relation to the estates of Rulors of Indian States, stand repealed in the State or Union territory specified in the corresponding entry in column 1 thereof or, as the case may be, in any part or parts of that State or Union territory where any such enactment is in force.

35

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of any enactment specified in the Sche- dule shall, in so far as such thing or action is not inconsistent with the provisions of this Act. be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or when such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.

THE SCHEDULE

(See section 45)

Enactments

State or Union Territory

1

2

Andhra Pradesh

5

.. The Andhra Pradesh (Andhra Area) Court of Ward* Act, 1902 (I of 1002).

te The Bombay Court of Wards Act, Gujarat

1905 (I of 1905).

10

to, The Madras Court of Wardn Act, Kerala

1902 (I of 1902).

.. The Central Province! Court uf Madhya Pradwh

Wards Act, 1898 (XXIV of 1899).

• J L. T he M a d r as C o u rt of W a r ds A c t,

Madras

1902 (I of 1902),

15

(1) The Bombay Court of Wards Maharashtra

Act, 1905 (I of 1905).

(ii) The Central Provinces Court of Wards Act, 1889 (XXIV of 1899).

20

(i) The Madras Court of Wards Mysore

Act, 1902 (I of 1902).

(ii) The Bombay Court of Wards

Act, 1909 (I of 1905).

.. The Orissa Court of Wards Act, 1947 Orissa

25

(XXVI of 1947).

.. The Court of Wards Act, 1879 (IX "f W""t Bengal

1879).

Manlpur

30

.. The Court of Wards Act, 1879 (Ben- gal Act IX of 1879), a* cxtenited to Manipur,

Himachal Pradesh

.. The Punjab Court of Wards Act, 1908 (Punjab Act II of 1903), as extend- ed to Hlmachal Pradesh.

STATEMENT OF OBJECTS AND REASONS

When the Ruler of a former Indian State is a minor or is other- wise incapable of managing his estate, the need arises to place his estate under the supervision of a Court of Wards. According to the Constitution, the power to enact laws relating to Courts of Wards for the estates of Rulers of Indian States is vested in Parliament. No such law has yet been enacted. This has given rise to some incon- venience and it is proposed to remedy the situation by enacting this Bill.

The notes on rlauses explain the important provisions of the Bill.

NFAV DELHI;

GULZARI LAL NAUDA

The -Mi September, 1964.

PESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OV THE CONSTITUTION OF INDIA

[Copy of letter No. F. 21/5/64-Poll. Ill, dated the 5th September, 1964 from Shri Jai Sukh Lal Hathi, Minister of State in the Minis- try of Home AffBirs to the Secretary, Lok Sabha.]

The President, having been informed of the subject matter of the Court of Wards (Rulers of Indian States) Bill, 1964, recom- mends consideration of the Bill in the Lok Sabha under article 117(3) of the Constitution of India.

429 G of I Ex.~3.