The Jammu and Kashmir Court of Wards Act, 1920

Civil197754 sections

This Act sets up the Court of Wards in Jammu and Kashmir to manage the property of landholders who cannot manage it themselves, such as minors and persons of unsound mind. The Government can order, or the Court can decide on its own, to take over the superintendence of such a person's property, after an inquiry by the Deputy Commissioner. The assumption of superintendence is notified, and the Court then manages the property on the ward's behalf.

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1. Title and extent
2. It shall come into force on the 1st day of Baisakh, 1978.
3. Definitions
4. Constitution of the Court of Wards and its jurisdiction
5. Power of the 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 Deputy Commissioner is appointed guardian under the State Court of Wards Act
8. Properties of which there are more properties than one
9. Notification of assumption of superintendence
10. Operation and finality of orders made under sections 6, 7 and 8
11. Inquiry by Deputy Commissioner in order to satisfy himself as to whether action should be taken under the Act
12. Procedure in inquiry
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. Disability 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 suit
20. Suits to be in name of Court of Wards
21. Court of Wards assuming superintendence of the property to take possession thereof
22. Powers of Court of Wards as to superintendence and control. Audit of accounts and management of legal affairs of wards and properties
23. Powers 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
26. Notice to claimants
27. Presentation of claims
28. Examination into admission and rejection of claims
29. 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.
30. Exclusion of documents not produced
31. Decrees against wards or their properties and their execution
32. Saving of rights to sue in certain cases
33. Appeal and revision
34. The Government may confer the powers of Deputy Commissioner on any person
35. Appointment, removal and control of guardians and tutors
36. 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.
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
43. Deputy Commissioner when to discharge the duties of a guardian or a manager
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. Notification as to release from superintendence
51. Recovery of expenses
52. Bar of suits and proceedings
53. Investigation into matters under Chapters VI and VII to be considered judicial proceedings
54. Power to make rules

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