section 11
Inquiry by Deputy Commissioner in order to satisfy himself as to whether action should be taken under the Act
The Jammu and Kashmir Court of Wards Act, 1920Civil197754 sections
Statutory text
Inquiry by Deputy Commissioner in order to satisfy himself as to whether action should be taken under the Act.-(1) For the purpose of satisfying himself as to whether, in respect of any land-holder,-
- (a) the 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, 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 Deputy Commissioner 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. (1-a) When the Deputy Commissioner has reason to believe that the landlord whose estate is under inquiry is raising further loans, he may, to prevent the landlord from encumbering the estate further by incurring fresh liabilities during the pendency of the enquiry contemplated by this section, issue an injunction and notify it in the Government Gazette that no person shall advance fresh loans to the land-holder from the date of the publication of the notice till the question of assumption of charge by the Court of Wards has been decided. No Court of law shall grant a decree on a suit instituted against the land-holder or the Court of Wards on basis of money advanced to the land-holder during such prohibition.
- (2) If the land-holder be a minor, the Deputy Commissioner 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 Deputy Commissioner appoints and may make such order 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 Deputy Commissioner shall make application to a competent Court in view to an enquiry 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.
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