15. Adjudication of claims.—
(1) On receipt of all claims submitted in compliance with the provisions
of sections 12 and 13, the Court of Wards shall proceed to investigate such claims and shall decide which
of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall
communicate its decision in writing to each claimant concerned.
(2) When the Court 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 attested by the Court of Wards or by any Revenue-officer not being below the rank of an
Assistant Commissioner whom the Local Government may, by general or special order, appoint in this
behalf, it shall be conclusively binding upon the claimant:
Provided that , if when the superintendence of the property by the Court of Wards is relinquished or
otherwise terminates, any portion of the claim reduced as aforesaid is still unsatisfied, the claimant shall be
entitled to recover a sum bearing the same proportion to the original claim admitted under sub-section
(1)
as the unsatisfied portion bears to the reduced claim.
(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 for the recovery of a claim against a Government ward or his property
which has been submitted to and received by 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.
16. Report to Chief Commissioner.—
(1) When all claims have been investigated under section 15,
the Court of Wards shall submit to the Local Government a schedule of the debts and liabilities of the
Government ward, and the Local Government may, when the estate appears to be involved beyond all hope
of extrication or for any other sufficient reason, by an order published in the Local official Gazette, direct
that, on a date to be fixed by the order, the superintendence of the property and person of the ward shall be
relinquished by the Court of Wards.
(2) On the date so fixed—
(a) the superintendence shall terminate;
6
(b) the owner of the property under superintendence shall be restored to the possession thereof,
subject to any contracts entered into by the Court of Wards for the preservation or benefit of such
property;
(c) the claims referred to in section 12, sub-section
(2), shall revive.
(3) In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities
revived under this section, the time during which such superintendence has continued shall be excluded.
17. Appointment, etc., of managers by Court of Wards.—The Court of Wards may appoint a
manager of the property of any Government ward under its superintendence.
18. Delegation of powers by Court of Wards.—
(1) With the general or special sanction of the Local
Government, the Court of Wards may, from time to time, delegate all or any of its powers to the Deputy
Commissioner of any district in which any part of the property of a Government ward is situated, or to
any other person whom it may appoint in this behalf; and may, at any time, with the like sanction, revoke
such delegation.
(2) Subject to any general or special orders of the Local Government, the Court of Wards may exercise
all or any powers conferred on it by this Act through the Deputy Commissioner of any district in which
any part of the property of a Government ward is situated, or through any other person whom it may appoint
in this behalf, and, subject to the like orders, any such Deputy Commissioner may exercise all or any powers
delegated to him under this Act through any Revenue-officer subordinate to him.
19. Liabilities, etc., of managers and other servants of Court of Wards.—
(1) Every manager
appointed by the Court of Wards shall—
(a) give such security as the Court thinks fit duly to account for what he receives in respect of the
rents and profits of the property under his management;
(b) be entitled to such allowance as the Court thinks fit for his care and pains in the execution of
his duties; and
(c) be responsible for any loss occasioned to the property under his management by his wilful
default or gross negligence.
(2) Every manager or other servant of the Court of Wards shall be deemed a “public servant” within
the meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code (XLV of 1860); and in the
definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the
purposes of this sub-section, be deemed to include the Court of Wards.
20. Power for Court of Wards to appoint guardians of certain Government wards.—The Court of
Wards may appoint guardians for the care of the persons of Government wards whose persons are, for the
time being, under its superintendence.
21. General powers of Court of Wards.—Subject to the provisions of this Act and of any rules
thereunder, the Court of Wards—
(a) may, of itself or through the manager (if any) appointed by it under this Act, do all such things
requisite for the proper care and management of any property, of which it assumes the superintendence
under this Act, as the owner of the property, if it were not under the superintendence of the Court of
Wards, might do for its care and management; and
7
(b) may, of itself or through the guardian (if any) appointed by it under this Act, do, in respect of
the person of any Government ward whose person is, for the time being, under its superintendence, all
such things as may lawfully be done by a guardian.
22. Custody, education and residence of certain Government wards.— The Court of Wards may
pass such orders as it thinks fit in respect of the custody and residence of any Government ward whose
person is, for the time being, under its superintendence, and, when he is a minor, in respect of his education.
23. Allowance for Government ward and his family.— The Court of Wards may, from time to time,
determine what sums shall be allowed in respect of the expenses of any Government ward and of his family
and dependants.
24. Duties of Court of Wards or manager.—The Court of Wards, or the manager (if any) appointed
by it under this Act, shall manage the property of every Government ward under its superintendence or
under his management diligently and faithfully for the benefit of the Government ward, and shall in every
respect act to the best of its or his judgment for the Government ward's interest as if the property were its
or his own.
25. Powers of Court of Wards as to property of Government wards.—The Court of Wards may let
the whole or any part of the property of any Government ward under its superintendence, and may, with
the previous sanction of the Local Government, mortgage, sell or exchange the whole or any part of such
property, and may do all such other acts as it may judge to be best for the benefit of the property and the
advantage of the Government ward.
26. Notice of suit.— No suit relating to the person or property of any Government ward shall be brought
in any Civil Court until the expiration of two months after notice in writing, stating the name and place of
abode of the intending plaintiff, the cause of action and the relief claimed, has been delivered to, or left at
the office of, the Court of Wards; and the plaint 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 a notification issued under section 10,
sub-section
(1).
27. Manager or Court of Wards to be next friend or guardian in suit by or against Government
wards.— In every suit brought by or against a Government ward, the manager of the ward's property or, if
there is no manager, the Court of Wards having the superintendence of the ward's property shall be named
as the next friend or guardian for the suit, as the case may be.
28. Payment of costs.—If, in any suit brought by or against a Government ward, any Civil Court
decrees any costs against the Government ward's next friend or guardian for the suit, the Court of Wards
shall cause the costs to be paid out of any property of the Government ward which may, for the time being,
be in its hands.
29. Processes against Government ward to be served on next friend or guardian.— Every process
which may be issued out of any Civil or Revenue Court against any Government ward shall be served on
the Government ward's next friend or guardian for the suit.
8
30. Authority of Court of Wards required in case of suits brought on behalf of Government
wards.—No suit shall be brought, and no appeal in any suit shall be preferred, on behalf of any Government
ward unless it is authorized by an order in writing of the Court of Wards:
Provided as follows:—
(1) a manager may authorize a plaint to be filed in order to prevent a suit from being barred by the
law of limitation, but the suit shall not afterwards be proceeded with except under the sanction of the
Court of Wards;
(2) a suit for arrears of rent may be brought on behalf of a Government ward, if authorized by an
order of the manager of the property on which the rent is due.
31. Disabilities of a Government ward.—
(1) A Government ward shall be incompetent to transfer or
create any charge on, or interest in, his property or any part thereof (except such interest as may be created
by a will made in accordance with section 32), or to enter into any contract which may involve him in
pecuniary liability; and no suit shall be brought in any Civil Court whereby to charge any person upon any
promise made after he has ceased to be a Government ward to pay any debt contracted during the period
when he was a Government ward, or upon any ratification made after he has ceased to be a Government
ward of any promise or contract made during the period aforesaid, whether there is or is not any new
consideration for such promise or ratification.
(2) Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a
contract of marriage:
Provided that a Government 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
circumstances, the Court of Wards may, in writing, declare to be reasonable.
32. Consent of Local Government necessary to adoptions or wills made by Government wards.—
No adoption by a Government ward, and no written or verbal permission to adopt given by a Government
ward, or will made by a Government ward, shall be valid without the consent of the Local Government
obtained, either previously or subsequently to the adoption or to the giving of the permission, or the making
of the will, on application made to it through the Court of Wards.
33. Procedure when succession to Government ward’s property is disputed.— Whenever, on the
death of any Government ward, the succession to his property or any part thereof is disputed, the Court of
Wards may, with the previous sanction of the Local Government, either direct that the property or the part
thereof be made over to any person claiming the property, or retain the superintendence of the property
until one of the claimants has established his claim to the same in a competent Civil Court, or institute a
suit of interpleader against all the claimants.
34. Withdrawal of superintendence of Court of Wards.—
(1) The Court of Wards may, with the
sanction of the Local Government, at any time withdraw its superintendence from the person or property,
or both, of a Government ward, and shall withdraw its superintendence as soon as,—
(a) in the case of a person disqualified under clause
(a) of section 5, sub-section
(1), he attains his
majority;
(b) in the case of a person disqualified under clause
(b) of the same, he ceases to be of unsound
mind and incapable of managing his affairs;
9
(c) in the case of a person disqualified under sub-clause
(i) of clause
(c) of the same, his physical
or mental defect or infirmity is removed or ceases:
Provided as follows:—
(i) whenever a Government ward lies or ceases to be disqualified and his property is still
encumbered with debts and liabilities, the Court of Wards may, with the previous sanction of the Local
Government, either release such property or retain it under its superintendence until such debts and
liabilities have been discharged; and,
(ii) if one or more of the proprietors of a property remain disqualified, although another or others
may have ceased to be disqualified, the Court of Wards may, with the previous sanction of the Local
Government, retain the whole of the property under its superintendence, paying any proprietor who has
ceased to be disqualified, the surplus income accruing from his share of the estate.
(2) Where any question arises as to whether the superintendence of the Court of Wards should be
withdrawn from any person or property, or both, under clause
(a), or from any property under clause
(c),
of sub-section
(1), the decision of the Local Government thereon shall be final, and no suit shall be brought
in any Civil Court in respect of such decision.
35. Appointment of guardian in certain cases.—
(1) Where, in exercise of the power conferred by
section 34, the Court of Wards decides to withdraw its superintendence from the person and property of
any minor, it shall, before such withdrawal, by an order in writing, appoint some person to be guardian of
the person or property, or both, of the minor, and such appointment shall take effect from the date of such
release.
(2) In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of
the Guardians and Wards Act, 1890 (VIII of 1890); and every guardian so appointed shall have, and be
subject to, the same rights, duties and liabilities as if he had been appointed under that Act.
36. Withdrawal to be notified in Gazette.—Where the Court of Wards withdraw its superintendence
from any person or property under this Act, the fact of such withdrawal shall be notified in the Local official
Gazette.
37. Appeals.—An appeal shall lie from every order passed under this Act, whether original or on
appeal,—
(a) if the order is that of a Commissioner, to the Local Government;
(b) if the order is that of a Deputy Commissioner, to the Commissioner;
(c) in all other cases, to the Deputy Commissioner:
Provided that in no case shall a third appeal lie.
38. Control of Local Government.— All orders or proceedings under this Act shall be subject to the
supervision and control of the Local Government; and the Local Government may, if it thinks fit, revise,
modify or reverse any such order or proceeding, whether an appeal is presented against any such order or
proceeding or not.
39. Exercise of discretion not to be questioned in Civil Court.— No suit shall be brought in any
Civil Court in respect of the exercise of any discretion conferred by this Act.
10
40. Power for Local Government to make rules.—
(1) The Local Government may make rules to
carry out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the matters to which regard should be had in appointing or removing guardians and
managers, and in fixing their remuneration;
(b) regulate the amount of security to be given by managers;
(c) prescribe the cases in which proposals or arrangements connected with the administration of the
properties of Government wards shall be reported for the sanction of the Local Government;
(d) prescribe the accounts and other returns which, and the periods and form at and in which, they
shall be rendered to the Court of Wards and by the Court of Wards to the Local Government;
(e) regulate the custody of securities and title-deeds belonging to the estate or property of a
Government ward;
(f) regulate the procedure in inquiries by, and in appeals from orders of, the Court of Wards under
this Act, and fix the periods of limitation which shall apply to such appeals;
(g) confer upon the Court of Wards for the purposes of this Act any of the powers exercised by a
Civil Court in the trial of suits;
(h) prescribe the mode in which powers delegated to managers are to be notified for the information
of persons concerned; and
(i) generally prescribe the manner in which the powers and duties of the Court of Wards under this
Act shall be exercised and performed.
(3) All rules made under this section shall be published in the Local official Gazette, and shall on such
publication have effect as if enacted by this Act.
41. Repeal.—The enactments mentioned in the schedule are repealed to the extent specified in the
fourth column thereof.
___________
11
THE SCHEDULE.
Year. No. Short title. Extent of repeal.
1 2 3 4
1885 . XVII The Central Provinces Government Wards Act, The whole.
1885.
1890 . VIII The Guardians and Wards Act, 1890. So much of section 2 and
the schedule as relates to
Act XVII of 1885.
1891 . XII The Repealing and Amending Act, 1891. So much as relates to Act
XVII of 1885.
12
