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Pakistan (Punjab) Legislation |
THE
(Act II of
1903)
C O N T E N T S
Section Heading
Chapter I
Preliminary
1. Title, extent and
commencement.
2. Repeal.
3. Definitions.
Chapter
II
The Court of Wards and its Jurisdiction
4. Constitution
of the Court of Wards and its jurisdiction.
5. Power of Government to make order, in
certain cases directing the Court of Wards to assume superintendence of
properties of land-holders.
6. Power
of Court of Wards, of its own motion, to assume superintendence.
7. Court of Wards shall assume
superintendence in cases in which an order is made under section 5 and may do
so when Collector is appointed
guardian under Act VIII of 1890.
8. Properties
of which there are more proprietors than one.
9. Notification
of assumption of superintendence.
10. Operation and finality of orders made
under sections 6, 7 and 8.
Chapter
III
Inquiry and Action Preceding
Assumption of Superintendence
11. Inquiry
by Collector in order to satisfy himself as to whether action should be taken under
the Act.
12. Procedure
in inquiries.
Chapter
IV
Wardship and its
Consequences
13. Vesting
of property of ward in the Court of Wards.
14. Non-liability
of land vested in the Court of Wards to sale for arrears of revenue.
15. Disabilities
of wards.
16. Continuing
disabilities in certain cases.
17. Power
of the Court of Wards to act on behalf of wards and to deal with their
properties.
18. Deeds
and other instruments.
19. Notice
of suits.
20. Suits
to be in name of Court of Wards.
Chapter
V
General Provisions as to the
Superintendence of the Persons
and Properties of Wards
21. Court
of Wards assuming superintendence of the property to take possession thereof.
Procedure as to property situate in other districts.
22. Powers
of Court of Wards as to superintendence and control. Audit of
accounts and management of legal affairs of wards and properties.
23. Power
of Court of Wards to charge expenses against properties under its
superintendence.
24. Residence
and education of wards.
25. Allowance
for ward and his family.
Chapter
VI
Ascertainment and Liquidation
of Liabilities of Wards
26. Notice
to claimants.
27. Presentation
of claims.
28. Examination
into, admission and rejection of claims.
29. Bar
of claims not duly notified.
30. Exclusion
of documents not produced.
31. Decrees against wards or their
properties and their execution.
32. Saving
of right to sue in certain cases.
33. Appeal
and revision.
34. Government
may confer the powers of Collector on any person.
Chapter
VII
Guardians and Managers
35. Appointment, removal and control of
guardians and tutors.
36. No
person who can succeed to ward to be appointed guardian.
37. Duties
and responsibilities of guardians.
38. Appointment,
control and removal of managers.
39. Powers
of managers.
40. Duties
and responsibilities of managers.
41. Termination
of appointment of guardian or manager.
42. Guardians
and managers to be deemed to be public servants and managers and certain
guardians to be deemed to be public accountants.
43. Collector
when to discharge the duties of guardian or manager.
Chapter
VIII
Release of Persons and Properties
from Superintendence
44. Power
to release from superintendence.
45. Retention of superintendence of
property until discharge of debts.
46. Retention
of superintendence where there are more proprietors than one.
47. Appointment
of guardian on release of minor.
48. Disposal of
property after the death of a person of whose property the Court of Wards has
assumed superintendence.
49. Delivery of documents and accounts on
release of property.
50. Notifications
as to release from superintendence.
51. Recovery
of expenses.
Chapter
IX
Miscellaneous Provisions
52. Bar
of suits and proceedings.
53. Investigations
into matters under Chapters VI and VII to be considered judicial proceedings.
54. Power
to make rules.
Schedule
Enactments Repealed
[1]THE PUNJAB COURT OF WARDS ACT, 1903
(Act II of
1903)
[
An Act to
consolidate and amend the law
relating to the Court of Wards in
the
WHEREAS it is expedient to consolidate and amend the
law relating to the Court of Wards in the
It is
hereby enacted as follows:-
Chapter I
Preliminary
1. Title, extent and commencement.- (1) This Act may be called the Punjab Court of Wards Act, 1903.
(2) It extends to the whole of the
2. Repeal.- (1) The enactments specified
in the schedule are hereby repealed to the extent mentioned in the third column
thereof.
(2) But all rules and
appointments made, notifications and orders issued, authorities and powers
conferred, farms and leases granted,
rights acquired, liabilities incurred and
other things done under any of those enactments shall, so far as may be, be
deemed to have
been respectively made, issued, conferred, granted, acquired,
incurred and done under this Act.
(3) Any enactment of document referring to any of
those enactments shall so far as may be, be construed to refer to this Act, or
the corresponding
portion thereof.
[2][3. Definitions.- In this Act-
(a) "immovable property" shall include land, benefits to arise out of
land, and things attached to the earth or permanently fastened to
anything
which is attached to the earth, but shall not include growing crops or grass;
(b) "Board
of Revenue" means the Board of Revenue established under the Punjab Board of
Revenue Act 1957 (XI of 1957);
(c) "Collector"
means the Collector of a District appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an officer
authorized by the Government to
exercise the powers of the Collector;
(d) "Commissioner" means a Commissioner of a Division appointed under the
Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an
Additional
Commissioner;
(e) "Government" means Government of the
(f) "land-holder" shall mean a person who possesses any interest in
land, whether as proprietor, assignee of the land-revenue, lessee
of waste
lands or otherwise;
(g) "minor" shall mean a person who has not,
within the meaning of the Majority Act 1875, attained his majority; and
(h) "ward" shall mean any person in respect of whose person or the
whole or any part of whose property or of whose person and property,
the Court
of Wards has assumed superintendence, but shall not include a joint proprietor
the superintendence of whose property has
been assumed by the Court of Wards
under section 8.]
Chapter II
The Court of Wards and
its jurisdiction
4. Constitution of the Court of Wards and its
jurisdiction.-
[3][(1) The [4][Commissioner of the Division]
within the limits of which any ward ordinarily resides, or any property of any
ward is situate, shall
be the Court of Wards in respect of the person and the
property of such ward:
Provided
that where any ward ordinarily resides, within the jurisdiction of one [5][Commissioner] and his
property or any part thereof is situate within the jurisdiction of any other [6][Commissioner], the Board of
Revenue shall determine which [7][Commissioner] shall be the
Court of Wards in respect of the person and the property of such ward].
(2) The Court of Wards
may exercise all or any of the powers conferred on it by this Act either direct
or through [8][* * *]
the [9][Collector]
of the district within the limits of which any ward may at any time reside or
any part of the property of any ward may
be situate, or through any other
person whom it may at any time, in respect of any ward of the whole or any part
of the property
of any ward, appoint in that behalf.
(3) The Court of Wards may, with the sanction of
the [10][Board of Revenue], from
time to time, by general or special order, or by rule made under this Act,
delegate any of its powers to
any [11][* * *] [12][Collector] or other person as
aforesaid, and may at any time, with the like sanction, revoke any such
delegation.
(4) The powers and authority by this Act vested in
the Court of Wards shall be exercised by it, subject to the control of the [13][Board of Revenue].
5. Power of [14][Government] to make order, in certain cases directing the Court of
Wards to assume superintendence of properties of land-holders.- (1) Any land-holder may
apply to the [15][Court of Wards] to make an
order directing that his property be placed under the superintendence of the
Court of Wards and upon receiving
any such application, the [16][Court of Wards], may, if it
considers it expedient in the public interest so to do, make an order
accordingly.
(2) When it appears to the [17][Court of Wards] that any
land-holder is-
(a) by reason of being a
female; or
(b) owing to any physical
or mental defect or infirmity; or
(c) owing to his having
been convicted of a non-bailable offence and to his
vicious habits or bad character; or
(d) owing to his having
entered upon a course of wasteful extravagance likely to dissipate his
property;
incapable of managing or unfitted to
manage his affairs, the [18][Court of Wards] may make an
order directing that the property of such land-holder be placed under the superintendence
of the Court
of Wards:
Provided
that such an order shall not be made on the ground stated in clause (c) or on
the ground stated in clause (d) unless such
land-holder belongs to a family of
political or social importance and the [19][Court of Wards] is
satisfied that it is desirable, on ground of public policy or general interest,
to make such order.
(3) Every order made by the [20][Court of Wards] under
sub-section (1) or sub-section (2) shall be final and shall not be called in
question in any Court of Law.
6. Power of Court of Wards, of its own motion,
to assume superintendence.- When any land holder is a minor
or a person adjudged by a competent Court to be of unsound mind and incapable
of managing his affairs,
the Court of Wards may make an order assuming the
superintendence of the property or the person and property of such land-holder.
7. Court of Wards shall assume superintendence
in cases in which an order is made under section 5 and may do so when Collector
is appointed
guardian under Act VIII of 1890.- (1) When , in respect of
any land-holder an order is made by the [21][Court of Wards] under
sub-section (1) or sub-section (2) of section 5, the Court of Wards shall
assume the superintendence of the
property of such land-holder and may in its discretion
also assume the superintendence of his person.
(2) When the [22][Collector] is
appointed or declared to be guardian of the person or property or both, of a
minor, under the provisions of section 18 of the
Guardian and Wards Act, 1890[23], he
shall intimate the fact to the Court of Wards, and the Court of Wards may
thereupon, in its discretion, either assume, or refrain
from assuming, the
superintendence of the person or property, or both (as the case may be), of
such minor, and the provisions of
this Act shall if such superintendence be so
assumed, apply to the person or property, or both (as the case may be) of such
minor.
8. Properties of which there are more
proprietors than one.- When there are two or more proprietors of any property and the shares
of the several proprietors have not been separated off, and
the Court of Wards,
acting under section 6 or section 7, assumes the superintendents of the
property of one or more, but not all,
of such proprietors, the Court of Wards
may assume the superintendence also of the shares of such joint-proprietor or
joint-proprietors
as is or are not disqualified, paying any such proprietor the
surplus income accruing from his shares of the property. The superintendence
assumed under this section shall extend only to the management of the share of
the joint proprietor in such joint property and shall
not as regards such share
include the power to sell or mortgage the same or any part thereof or to grant
a lease thereof for a period
exceeding 20 years or to create any charge thereon
or interest therein.
9. Notification of assumption of
superintendence.- Whenever the Court of
Wards, assumes the superintendence of the person or property of any person
under any of the provisions of this
Act, the order of assumption shall be
notified in the [24][Official
Gazette] and shall specify the district the [25][Collector]
of which shall be put in charge on behalf of the Court of Wards.
10. Operation and finality of
orders made under sections 6, 7 and 8.- Every order made by the
Court of Wards assuming, under section 6, 7 and 8 respectively, the
superintendence of the person or property,
or both of any person shall take
effect from the date fixed in this behalf in the notification published under
section 9 and shall
be final and shall not be called in question in any court
of law.
Chapter III
Inquiry and Action
Preceding Assumption of Superintendence
11. Inquiry
by [26][Collector] in order to satisfy himself as to whether action
should be taken under the Act.- (1) [27][For
the purpose of satisfying himself as to whether in respect of any land-holder,
the Court of Wards should be moved to
make an order under section 5(2) or section 6,] or for the purpose of making
any report which may be called for
in connection with any application of a
land-holder under sub-section (1) of section 5, the [28][Collector]
may make such inquiry into the circumstances of such land-holder as he may deem
necessary, and, pending the taking of
any such action, may issue such orders
for the temporary custody and protection of the person or property, or both, of
such land-holder,
as he thinks fit.
(2) If the land-holder be a minor, the [29][Collector] may direct that
the person, if any, then having the custody of the minor, shall produce him, or
cause him to be produced,
at such place and time as the [30][Collector] appoints, and
may make such orders for the future custody of the minor, pending the orders of
the Court of Wards, as he
thinks proper.
(3) If the minor is a female who ought not to be
compelled to appear in public, the direction under sub-section (2) shall
require her
to be produced in accordance with the manners and customs of the
country.
(4) If the land-holder is
alleged to be or is of unsound mind, the [31][Collector]
shall make application to a competent Court in view to an inquiry being made by
such Court for the purpose of ascertaining
whether such person is or is not of
unsound mind and incapable of managing his affairs.
12. Procedure in inquiries.- (1) For the purposes of every inquiry to be made, or direction to be
given, in pursuance of any of the provisions of the Act, the
[32][Collector] may exercise all
or any of the powers of a
(2) For the purpose of protecting the property, or
any part thereof, of any land-holder, pending an inquiry under sub-section (1)
of section
11, the [34][Collector] may, subject to
the direction and control of the Court of Wards, take possession thereof and
appoint a manager and such
caretakers in respect thereto as he may deem fit.
Chapter IV
Wardship
and its Consequences
13. Vesting of property of ward
in the Court of Wards.- (1) Upon the publication of a notification under section 9, in respect
of the property of any person, the whole of such property,
at the date of the
notification, shall vest in the Court of Wards, and shall remain so vested
until the Court of Wards shall, by
notification under section 50, divest itself
of the superintendence of the whole or any part thereof, or is otherwise
divested of
such superintendence in due course of law.
(2) All rights accruing to and properly inherited
by or vesting in any ward after the publication of a notification under section
9, and
while the property of such ward is under the superintendence of the
Court of Wards, shall vest in the Court of Wards:
Provided
that the Court of Wards may, in its discretion assume, or refrain from
assuming, the superintendence of any property which
any ward may acquire,
otherwise than by inheritance, subsequent to the date of the notification
published under section 9.
14. Non-liability of land
vested in the Court of Wards to sale for arrears of revenue.- No land under the
superintendence of the Court of Wards shall be sold for arrears of revenue
accruing while such land is under such
superintendence.
15. Disabilities of wards.- No ward shall be competent-
(a) to transfer or
create any charge on, or interest in, the whole or any part of his property
which is under the superintendence of the
Court
of Wards, or to enter into any contract which may involve him in pecuniary
liability:
Provided that nothing in
this clause shall be deemed to affect the capacity of a ward to enter into a
contract of marriage, but he
shall not incur, in connection therewith, any
pecuniary liability, expect such as, having regard to the personal law to which
he
is subject, and to his rank and circumstances, the Court of Wards may, in
writing, declare to be reasonable;
(b) without the previous
sanction, in writing, of the Court of Wards, (1) to adopt, or (2) to give
permission to adopt, or (3) to dispose of
any property by will.
16. Continuing disabilities in
certain cases.- (1) When the property of any land-holder, in respect of whom an order
has been made under sub-section (1) or on the last ground stated
in sub-section
(2) of section 5, is released from the superintendence of the Court of Wards,
such land-holder shall not be competent,
without the previous sanction of the [35][Board of Revenue] to
alienate the whole or any part of the immovable property which has been so
released, in any way, or to create
any charge upon any such property extending
beyond his life time, and every transfer made to or attempted to be made, or
charge created
or attempted to be created, in contravention of this provision,
shall be void.
(2) No suit shall be brought whereby to charge any
person upon any promise made after he has ceased to be a ward to pay any debt
contracted
during the period when he was a ward, or upon any ratification made
after he has ceased to be a ward of any promise or contract made
during the
above period, whether there shall or shall not be any new consideration for
such promise or ratification.
17. Power of the Court of Wards
to act on behalf of wards and to deal with their properties.- (1) The Court of Wards may,
at any time, mortgage or sell the whole or any part of the property of a ward,
and may grant leases or
forms of the whole or any part of such property for
such terms as it thinks fit, and may make such remissions of rental or other
arrears and may generally and from time to time pass all such orders and do all
such acts, not inconsistent with the provisions of
this or any other enactment
for the time being in force, as it may deem to be for the advantage of the ward
or the benefit of his
property.
(2) The Court of Wards may, for the purpose of
raising a loan for the benefit of a ward or his property, hypothecate, with the
consent
of the [36][Board of Revenue] any Jagir, mafi, pension or
assignment of land-revenue held by the ward.
18. Deeds and other
instruments.-
(1) All deeds, contracts or other instruments executed by the Court of Wards in
the exercise of its powers of superintendence under
this Act, shall be executed
by the Court of Wards in its own name.
(2) Covenants entered into by the Court of Wards
shall be binding on the Court of Wards only so long as the ward or the property
affected
by such covenants remains under its superintendence and only to the
extent of such property; and such covenants shall be binding
on the ward or on
the person entitled to such property after the ward or the property or both (as
the case may be) shall have been
released from superintendence.
(3) This section shall also apply to all deeds,
contracts and other instruments executed before the commencement of this Act.
19. Notice of suits.- No suit [37][or decree] relating to the
person of any ward or to any property under the superintendence of the Court of
Wards shall be instituted
[38][or executed] in any Civil
or Revenue Court until the expiration of two months after notice in writing has
been delivered to, or left
at, the office of the [39][Collector] of the district
specified in the order of assumption in the notification under section 9,
stating the name and place of
abode of the intending plaintiff, [40][or decree-holder, as the
case may be, and such other particulars as may be prescribed by rules made
under this Act], and the plaint
[41][or application for
execution] shall contain a statement that such notice has been so delivered or
left:
Provided
that notice under this section shall not be required in the case of any suit
the period of limitation for which will expire within three
months from the date of the notification under section 9.
20. Suits
to be in name of Court of Wards.- (1) No
suit (a) by or on behalf of a ward, or (b) affecting any property under
superintendence of the Court of Wards shall be brought
without the authority of
the Court of Wards or of such officer as it may appoint in that behalf, and in
every such suit brought with
such authority the Court of Wards shall be named
as plaintiff.
(2) In every suit against a ward or affecting
property under the superintendence of Court of Wards, the Court of Wards shall
be named
as the defendant.
(3) Suits brought by or
against any Court of Wards may be instituted and conducted or defended on behalf
of the Court of Wards by the
[42][Collector]
of the district specified in the order of assumption in the notification under
section 9, or by the manager or other person
authorised, by general or special
order or rule made under this Act, in that behalf, by the Court of Wards.
Chapter
V
General
Provisions as to the Superintendence
of
the Persons and Properties of Wards
21. Court
of Wards assuming superintendence of the property to take possession thereof.
Procedure as to property situate in other districts.- As
soon as conveniently may be after the assumption, by the Court of Wards, of the
superintendence of the property of any person,
the [43][Collector]
of every district within which any part of such property may be situated, or
some person authorised, in writing, by him
in this behalf, shall take
possession of all such property and all accounts and papers relating thereto,
and shall do all other acts
and things which may be necessary to secure and
protect the same and place it under
proper custody and control.
22. Powers of Court of Wards as
to superintendence and control. Audit of accounts and management of legal
affairs of wards and properties.- The Court of Wards may from time to time direct
such provision as it may think fit to be made in respect of the-
(1) superintendence and
supervision of the persons of the wards and properties under its
superintendence;
(2) periodical or
special audit, by an independent auditor, of the accounts of properties
generally or of any particular property as it may think
fit;
(3) management of the
legal affairs of properties generally, or of any particular property, as it may
think fit.
23. Power of Court of Wards to
charge expenses against properties under its superintendence.- The Court of Wards may from
time to time regulate the expenses to be incurred in the supervision, care and
management of the wards
and properties under its superintendence, and generally
in carrying out all or any of the purposes of this Act, and may order that
such
expenses, or any of them, including all salaries, gratuities and leave
allowances of establishments and all contingent and other
expenses whatsoever
which it shall consider requisite, be charged against such property generally,
or against any one or more properties
comprised in such property for the
purposes of which such establishments are, or have been, entertained or such
expenses have been
incurred.
24. Residence and education of
wards.- (1)
The Court of Wards may pass such orders as it thinks fit in respect of the
residence of any ward whose person is for the time
being under its
superintendence, and, when he is a male minor, in respect of his education.
(2) The Court of Wards may from time to time
require any such male minor ward to attend such tutor, class, school or
college, for the
purposes of education, as it thinks fit.
25. Allowance for ward and his
family.- (1) The Court of Wards may from time to time
determine what sums shall be allowed in respect of the expenses of any
ward and of his family and dependents.
(2) The Court of Wards may from time to time
determine what sums may be spent on the education of any minor ward whose
person is for the
time being under its superintendence.
Chapter
VI
Ascertainment
and Liquidation of Liabilities of Wards
26. Notice to claimants.- (1) On the publication of a
notification under section 9, the [44][Collector] of the District
specified in the order of assumption or any other [45][Collector] whom the Court
of Wards may appoint in that behalf shall publish in the [46][Official Gazette] a notice
in both the English and the Urdu languages calling upon all persons having
claims against the ward or
against the property under the superintendence of
the Court of Wards to notify the same in writing to such [47][Collector] within six
months from the date of the publication of the notice.
(2) The notice may also be published at such
places and in such other manner as the Court of Wards may, by general or
special order, direct
or by rule, made under this Act, prescribe.
(3) The [48][Collector]
may, if he is satisfied that any claimant had reasonable excuse for not
submitting his statement of claim within six months,
receive his claim at any
time after the expiry of the period aforesaid, but any claim so received shall,
unless the [49][Collector]
otherwise directs and notwithstanding any law, contract, decree or award to the
contrary, cease to carry interest from
the date of the expiry of the period
aforesaid.
27. Presentation of claims.- (1) Every claimant shall, together with his statement of claim,
present full particulars thereof.
(2) Every document
(including entries in books of account) on which the claimant found his claim,
or on which he relies in support thereof,
shall be produced before the [50][Collector] with
the statement of claim.
(3) Every such document shall be accompanied by a
true copy of the same. The [51][Collector] or such officer
as he may appoint in that behalf, shall mark the original document for the
purpose of identification,
and after examining and comparing the copy with it
shall retain the copy and return the original to the claimant.
28. Examination
into, admission and rejection of claims.- (1)
The [52][Collector]
shall, after such inquiry as he may consider necessary, decide as to each claim
made against any ward of property, in
manner in section 26 and section 27
provided whether such claim is, either in whole or in part to be admitted or
disallowed and shall
intimate, in writing his decision in respect of each such
claim to the claimant thereof. If such liabilities cannot be paid at once,
the
decision shall fix the interest (if any) to be paid thereon from the date of
such decision to the date of the payment and discharge
of such claim.
29. Bar of
claims not duly notified.- Every debt or liability other than debt due to,
or liabilities incurred in favour of, [53][the
Government] to which any ward is subject, or with which any property under the
superintendence of the Court of Wards or any part
thereof is charged, and which
is not duly notified to the said [54][Collector]
within the time and in the manner hereinbefore prescribed, shall, subject to
the provisions of section 7 and section 13
of the [55]Indian
Limitation Act, 1877, be deemed for all purposes and on all occasions, whether
during the continuance of the superintendence
of the Court of Wards or
afterwards, to have been duly discharged:
Provided
that the provisions of this section shall not be deemed to extinguish any such
debt or liability in any case in which the
Court of Wards, after assuming the
superintendence of such property, releases the same from such superintendence
without ascertaining
and dealing with the liabilities thereof as in this
chapter provided in that behalf, and that, in any such case, in computing the
period of limitation applicable to any suit or application for the recovery of
any such debt or the enforcement of any such liability,
the time from the date
of the notification of claim under section 26, to the date of the release of
the property from the superintendence
of the Court of Wards, shall be excluded.
30. Exclusion of documents not
produced.- If any document in the possession or under the
control of the claimant is not produced by him as required by section 27, such
document
shall not be admissible in evidence in any suit or proceeding
thereafter brought against a ward or as affecting any property under
the
superintendence of the Court of Wards by the claimant, or by any person
claiming under him.
31. Decrees
against wards or their properties and their execution.- (1)
Nothing contained in this chapter shall be deemed to empower the [56][Collector] to
disallow any claim, notified under section 26, which is based upon a decree
passed by any competent Court, and any such decree
may be proved by the
production of a certified copy of the same accompanied by a certificate from the
proper court that such decree
remains unsatisfied.
(2) On the publication of a notice under section
26, all suits and all proceedings in execution of any decree against a ward or
as affecting
any property under the superintendence of the Court of Wards then
pending in any
[58][(3) No such suit or proceedings shall be continued or revived in any
such court until the expiration of six months from the date of the
publication
of the notice under section 26, and until the expiration of two months after
notice in writing has been delivered to,
or left at, the office of the [59][Collector] of the District specified
in the order of assumption in the notification under section 9 stating the name
and place of abode of the
plaintiff or decree-holder, as the case may be, and
such other particulars in respect of the suit or decree as may be prescribed
by
rules made under this Act and every application for the continuance or revival
of the suit or proceedings and every application
for the institution of fresh
proceedings in execution of such decree shall contain a statement that the
provisions of this sub-section
have been complied with].
32. Saving of right to sue in
certain cases.- (1) Subject to the provisions of section 19 and
section 31 nothing in this chapter shall be construed as preventing any
claimant
from bringing or prosecuting any suit, [60][or executing any decree],
in any competent Court, in respect of any claim which has been duly notified,
within the time and in the
manner hereinbefore prescribed, to the [61][Collector], and which has,
whether in whole or in part, been disallowed by him:
[62][Provided that no suit or
proceedings in execution of any decree shall at any time be brought or be
maintainable-
(a) in respect of any
claim which has not been so notified; or
(b) to set aside or
modify the order (if any) of a [63][Collector] fixing a date
for the payment of such claim or regulating the order in which claims against
the ward of properties under
the superintendence of the Court of Wards shall be
paid].
(2) In computing any
period of limitation prescribed by the [64]Indian
Limitation Act, 1877, or section 230 of the Civil Procedure Code[65], every
period during which proceedings have been stayed or temporarily barred by
reasons of the provisions of this section or of
section 31 shall be excluded.
33. Appeal and revision.- No appeal shall lie from any decision given or order made by a [66][Collector] under this
chapter, but nothing in this section shall be deemed in any way to limit or
interfere with the power of the
Court of Wards to revise any such decision or
order.
34. [67][Government] may confer the powers of [68][Collector] on any person.- For the purposes of this chapter, the [69][Board of Revenue] may, at
any time or at any stage of any proceedings thereunder, invest any person with
all or any of the powers
of a [70][Collector].
Chapter
VII
Guardians
and Managers
35. Appointment, removal and
control of guardians and tutors.- (1) The Court of Wards may
from time to time appoint guardians for the care of the persons of such wards
as are minors or of unsound
mind, or are suffering from any physical or mental
defect or infirmity, or are females and unmarried, and may control and remove
such guardians and no appointment of a guardian for any ward shall be valid,
unless and until it has been confirmed by the Court
of Wards.
(2) In appointing a
guardian under this section, the Court of Wards shall be guided, as far as may
be, by the provisions of section 17
of the Guardian and Wards Act, 1890[71], and
if a ward leaves or is removed from the custody of a guardian appointed under
this section, the [72][Collector]
of the District specified in the notification issued under section 9 may
exercise the powers conferred by section 25 of
the said Act on a Court as defined
in that Act.
(3) The Court of Wards may appoint any person to
be the tutor of any minor male ward and may control and remove such tutor.
Every tutor
so appointed shall discharge such duties and regulate his conduct
in such manner as the Court of Wards may from time to time direct.
36. No person who can succeed to ward to be
appointed guardian.- No person who
would be the next legal heir of a ward, or would otherwise be immediately
interested in outliving a ward, shall be
appointed to be his guardian; but
nothing in this section shall apply to the mother of a ward or to a
testamentary guardian.
37. Duties and responsibilities
of guardians.- A guardian appointed under this chapter shall be charged
with the custody of the ward, and shall, subject to the supervision and
direction of the Court of Wards, and the rules (if any) made, under this Act,
in that behalf, make suitable provision for his maintenance,
health and, if he
be a minor, his education and such other matters as the personal law to which
the ward is subject, requires and
shall-
(a) give such security, if any, as the Court of Wards thinks fit
for the due performance of his duty;
(b) submit such accounts as the Court of Wards may direct;
(c) pay the balances due from him thereon;
(d) continue liable to account to the Court of Wards, after he
has ceased to be guardian, for his receipts and disbursements during the period
of his guardianship;
(e) apply for the sanction of the Court of Wards to any act
which may involve expense not previously sanctioned by it; and
(f) be entitled to such salary or allowance, to be paid out of
the proceeds of the property of the ward as the Court of Wards thinks fit,
in
respect of the execution of his duties as such.
38. Appointment, control and removal of managers.- The Court of
Wards may appoint one or more managers for any properties under its
superintendence and may control and remove such
managers.
39. Powers of managers.- A manager appointed by the Court of Wards shall,
subject to the supervision and direction of the Court of Wards, and the rules
(if
any) made, under this Act, in that behalf, have power to collect the rents
of the lands placed under his charge as well as all other
money due to the ward
or person whose property he manages, and to grant receipts therefor; and he
may, subject to the same supervision,
direction and rules (if any), grant and
renew leases and farms, and do all such lawful acts as he may be generally or
specially authorised
by the Court of Wards to do for the good management of the
property.
40. Duties and responsibilities of managers.- Every manager appointed by the Court of Wards shall,
subject to the supervision and direction of the Court of Wards, and to the
rules
(if any) made, under this Act, in that behalf, manage the property or
properties placed under his charge diligently and faithfully,
and he shall-
(a) give such security, if any, as the Court of
Wards thinks fit duly to account for what he may receive in respect of the
rents and profits
and other income of the property under his charge;
(b) keep accounts in
such form and submit them at such times as the Court of Wards may direct;
(c) deal with all money
received by him in such manner as the Court of Wards may direct;
(d) apply for the sanction of the Court of Wards to any act
which may involve the property in expense not previously sanctioned by it;
(e) be entitled to such
salary or allowance, to be paid out of the proceeds of such property, as the
Court of Wards thinks fit, in respect
of the execution of his duties;
(f) be responsible for
any loss occasioned to the property by his negligence or wilful
default; and
(g) continue liable to
account to the Court of Wards after he has ceased to be manager for his
receipts and disbursements during the period of
his management.
41. Termination of appointment
of guardian or manager.- The appointment of every guardian or manager appointed under this
chapter, shall terminate on the court of Wards ceasing to exercise
superintendence of the person or property in respect of whom or which such
guardian or manager, as the case may be, has been appointed.
42. Guardians
and managers to be deemed to be public servants and managers and certain
guardians to be deemed to be public accountants.- (1)
Every guardian and manager appointed under this chapter shall be deemed to be a
'public servant' within the meaning of section
21 of the [73][Pakistan]
Penal Code[74] and
for the purposes of that Code.
(2) Every such manager
shall be deemed to be a 'public accountant' within the meaning of the Public
Accountants Act, 1850[75], and
every such guardian shall be deemed to be a 'Public accountant' within the
meaning and for the purposes of sections 3 to 5 of
the Public Accountants Act,
1850[76].
(3) In the definition of 'legal remuneration'
contained in section 161 of the [77][Pakistan] Penal Code the
word "Government" shall, for the purposes of this section, be deemed to include
the Court of Wards.
43. [78][Collector] when to discharge the duties of guardian or
manager.- If no such guardian or manager
is appointed by the Court of Wards, the [79][Collector]
of the District specified in the order of assumption in the notification under
section 9 or any other [80][Collector]
whom the Court of Wards may appoint in that behalf, shall be competent to do
anything that might be lawfully done by a
guardian of the person or a manager
of the property appointed under this chapter.
Chapter VIII
Release of Persons and
Properties from Superintendence
44. Power
to release from superintendence.- The
Court of Wards may, at any time, release any person or property or both, from
its superintendence:
[81][* * * * * * * * * * * * *]
Provided, [82][* * *]
that persons or property under the charge of the Court of Wards, in accordance
with the provisions of sub-section (2) of section
7, shall not be released
without the concurrence of the Court which appointed or declared the [83][Collector]
to be guardian of the person or property, or both, of the person concerned,
under the Guardians and Wards Act, 1890[84].
45. Retention of
superintendence of property until discharge of debts.- (1) Whenever a ward dies or
ceases to be under any legal incapacity, and his property is, at the time of
his death or cessation of
incapacity, still encumbered with debts and
liabilities, the Court of Wards may either release such property or, with the
sanction
of the [85][Board of Revenue] retain it
or any part thereof under its superintendence until such debts and liabilities
have been discharged.
(2) In any case provided for in sub-section (1)
the Court of Wards may together with the property of any such ward also retain,
until
the said debts and liabilities have been discharged, the property of
which it has assumed the superintendence under section 8.
46. Retention of
superintendence where there are more proprietors than one.- If, in the case of any
property, there are more proprietors than one, the Court of Wards may retain
the whole property under its
superintendence if one or more of the proprietors
remain Wards, although other or others may have ceased to be under any legal
incapacity:
Provided that in such cases a proprietor who has ceased to be
disqualified shall not, after the cessation of such disqualification,
be deemed
to be ward for the purposes of this Act and the Court of Wards shall pay to
such proprietor the surplus income accruing
from his share of the joint
property.
47. Appointment of guardian on
release of minor.- (1) When the Court of Wards decides to
release from its superintendence the person or property, or both, of any minor,
it may, before
such release, by an order in writing appoint any person to be
the guardian of the person or property, or both, of such minor.
(2) Such
appointment shall take effect from the date of such release.
(3) In appointing a
guardian under this section the Court of Wards shall be guided by the
provisions of section 17 of the Guardians and
Wards Act, 1890[86], and
in every such case the [87][Collector]
of the District specified in the order of assumption in the notification under
section 9 shall have the powers conferred
upon a [88][Collector]
under section 35 (2).
(4) Every such guardian shall have and be subject
to the same rights, duties and liabilities as if he had been appointed under
the Guardians
and Wards Act, 1890.
48. Disposal
of property after the death of a person of whose property the Court of Wards
has assumed superintendence.- Whenever, in the event of the
death of any person of whose property the Court of Wards has assumed
superintendence, the succession
to his property or any part thereof, is
unclaimed or disputed, the Court of Wards may either direct that the property,
or part thereof,
be made over to any person entitled to or claiming the same,
or may institute a suit of interpleader against the several claimants
or may
retain the superintendence thereof until a claimant has, in due course of law,
established his title thereto in a competent
Court.
49. Delivery of documents and
accounts on release of property.- Whenever the Court of Wards
releases the property of any person from its superintendence, it shall deliver
to such person or if it
has appointed a guardian under sub-section (1) of
section 47, to such guardian all documents of title and all papers and accounts
(other than Government records) relating to such property.
50. Notifications
as to release from superintendence.-
Whenever the Court of Wards releases any person or property from its
superintendence, the fact of such release shall be notified
in the [89][Official
Gazette], and such release shall take effect from the date fixed in this behalf
in the notification.
51. Recovery of expenses.- Any expense incurred by the
Court of Wards on account of any property under its superintendence may, after
the release of such property,
be recovered as an arrear of land-revenue due in
respect of such property, or any part thereof.
Chapter
IX
Miscellaneous
Provisions
52. Bar of
suits and proceedings.- (1) No
suit shall be brought in any
(2) No suit shall be
brought against any officer of Government or any guardian, manager or servant
appointed by and discharging his duties
under a Court of Wards for anything
done by him in good faith under this Act.
53. Investigations into matters
under Chapters VI and VII to be considered judicial proceedings.- Every investigation conducted by a [90][Collector] with reference
to any claim preferred before him under Chapter VI or Chapter VII or to any
matter connected with any such
claim shall be taken to be a judicial proceeding
within the meaning of the [91][
[93][54. Power to make rules.- (1) The Board of Revenue may, with the previous approval
of the Government, make rules for carrying out the purposes of the Act.
(2) Without prejudice to the generality of
sub-section (1), the rules may regulate any of the following matters:-
(a) management of a property under the superintendence of the
Court of Wards;
(b) procedure to be observed and the powers to be exercised by
any person in any proceedings under the Act; and
(c) any matter or thing required or permitted by the Act to be
prescribed.]
Schedule
Enactments
Repealed
|
Number and year |
Title |
Extent of repeal |
|
XXVI of 1854 |
Education of male minors subject to the superintendence of the Court of Wards. |
The whole so far as it applied
to the |
|
IV of 1872 |
The |
Sections 34 to 38 inclusive. |
|
XII of 1878 |
Amendment of the |
Sections 3 and 4. |
[1]For
statement of objects and reasons, see
Punjab Gazette, 1902, Part V, page 114; for report of the Select Committee,
see ibid., 1903, page 21; for
Proceedings in Council, see ibid.,
1902, page 128; ibid., 1903, page 35.
[2]Substituted by the
[3]Substituted by the Punjab
Court of Wards (
[4]Substituted
for the words and brackets "Executive District Officer (Revenue) of the
District", by the Punjab Laws (Amendment) Act
2011 (VI of 2011).
[5]Ibid., for the words and brackets "Executive District
Officer (Revenue)".
[6]Ibid.
[7]Ibid.
[8]The words, "the Commissioner
of the Division or", omitted by the
[9]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[10]Substituted the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words "Provincial Government" which were previously
substituted, for the words "Local Government", by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[11]The words, "Commissioner or",
deleted by the
[12]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[13]Substituted by the
[14]Substituted for the words "Provincial
Government" by the Punjab Court of Wards (Amendment) Act 2012 (XLIV of 2012).
[15]Substituted by the
[16]Ibid.
[17]Ibid.
[18]Ibid.
[19]Substituted by the
[20]Ibid.
[21]Ibid.
[22]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[23]VIII of
1890.
[24]Substituted,
for the word "Gazette", by the Government of
[25]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[26]Ibid.
[27]Substituted by the
"For the purpose of satisfying himself as to whether
in respect of any land-holder,
(a) the Provincial Government should be moved to make an order under
sub-section (2) of section 5, or
(b) the Court of Wards should be moved to make
an order under section 6."
The words "Provincial
Government" were earlier substituted for the words "Local Government" by the
Government of India (Adaptation
of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[28]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[29]Ibid.
[30]Ibid.
[31]Ibid.
[32]Ibid.
[33]IV of 1882.
[34]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[35]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III for the words "Provincial
Government" which were previously
substituted, for the words "Local Government", by the Government of India
(Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[36]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III for the words "Provincial
Government" which were previously
substituted, for the words "Local Government", by the Government of India
(Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[37]Inserted by the Punjab Court
of Wards (Amendment) Act, 1944 (II of 1944), section 2.
[38]Ibid.
[39]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[40]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the words "the cause of action, and the relief which he
claims".
[41]Inserted ibid.
[42]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[43]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[44]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[45]Ibid.
[46]Substituted
for the word "Gazette", by the Government of
[47]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[48]Ibid.
[49]Ibid.
[50]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[51]Ibid.
[52]Ibid.
[53]Substituted for the word "the
Crown", by the West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule, Part II.
[54]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[55]Now the Limitation Act, 1908
(IX of 1908)
[56]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[57]The words
and figures "until the plaintiff or the decree-holder files the certificate
that the claim has been notified in accordance
with section 29" omitted by the
Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), section 3.
[58]Substituted
by the
[59]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[60]Inserted by the
[61]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[62]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the following words:-
"but no suit shall at any time be brought or
be maintainable in respect of any claim which has not been so notified or to
set aside
or modify the order of a Deputy Commissioner (if any) fixing a date
for the payment of such claim or regulating the order in which
claims against
the ward or properties under the superintendence of the Court of Wards shall be
paid".
[63]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[64]XV of 1877, subsequently
replaced by the Limitation Act, 1908 (IX of 1908).
[65]XIV of 1882.
[66]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[67]Substituted for the words "Provincial
Government" by the Punjab Court of Wards (Amendment) Act 2012 (XLIV of 2012).
[68]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[69]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III, for the words "Provincial
Government", which were previously
substituted, for the words "Local Government", by the Government of India
(Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[70]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[71]VIII of
1890.
[72]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[73]Substituted, for the word
"Indian", by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[74]XLV of 1860.
[75]XII of 1850.
[76]Ibid.
[77]Substituted, for the word
"Indian", by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[78]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[79]Ibid.
[80]Ibid.
[81]The first proviso omitted by
the
[82]The word "further" omitted ibid.
[83]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[84]VIII of
1890.
[85]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words "Provincial Government",
which were previously substituted, for the words "Local Government", by the
Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[86]VIII of
1890.
[87]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[88]Ibid.
[89]Substituted,
for the word "Gazette", by the Government of
[90]Substituted
for the words and brackets "District Officer (Revenue)", by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[91]Substituted for the word
"Indian", by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[92]XLV of 1860.
[93]Substituted by the
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