section 71
Power of District Court to appoint guardian and manager and take security from manager
The Jammu and Kashmir Lunacy Act, 1920General197774 sections
Statutory text
Power of District Court to appoint guardian and manager and take security from manager.—(1) In all other cases the District Court shall appoint a manager of the estate of the lunatic and may appoint a guardian of his person. Provided that—
- (i) If it appears to the Court, having regard to the situation and condition in life of the lunatic and his family and the other circumstances of the case to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner it may, instead of appointing a manager of the estate, order that the property if money or if of any other description the produce thereof when realised, be paid to such person as the Court may think fit, to be applied for the purpose aforesaid. The receipt of the person so appointed shall be a valid discharge to any person who pays any money or delivers any property of the lunatic to such person.
- (ii) If it appears to the Court that the unsoundness of mind of a lunatic is in its nature temporary, and that it is expedient to make temporary provision for his maintenance or for the maintenance of such members of his family as are dependent on him for their maintenance, the Court may, in like manner as under above proviso, direct his property or a sufficient part of it to be applied for the purpose aforesaid.
- (2) Any person who has been appointed by the District Court or Collector to manage the estate of a lunatic shall, if so required, enter into a bond in such form and with such sureties as to the Court or the Collector, as the case may be, may see fit engaging duly to account for what he may receive in respect of the property of the lunatic.
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