Chapter IV MANAGEMENT AND GUARDIANSHIP

When the court has assumed the superintendence of the property of a ward, the Collector specified in the notification under section 18 or, if so directed by the court, the Collector of the district in which any part of the property is situated, shall take possession and custody of such property on behalf of the court.

It shall be lawful for the Collector referred to in section 19- (a) to order any person in possession of any movable property to the possession of which the ward is entitled or of any accounts or papers relating to the property of such ward, to deliver up such movable property, accounts or papers; (b) in case there is reason to believe that any movable property to the possession of which the ward is entitled or any accounts or papers relating to the property of the ward are to be found in any room, box or receptacle within any house in the actual possession of the ward, to break open such room, box or receptacle or authorise the same to be broken open for the purpose of searching for such property, accounts or papers; (e) to order any person who is or has been in the employ of the ward, and any person who was in the employ of the deceased proprietor, if any from whom the ward derives his title, to attend before him for examination and to defray the necessary expenses of any person so attending out of the assets of the estate:; (d) to order all holders of tenures and under tenures on the ward's property to produce their titles before him.

The court may determine what sums shall be allowed for the expenses of the ward and of his family and dependents and of those who are entitled to be maintained out of the property taken possession of on behalf of the court.

The court may make such orders and arrangements as it may deem fit, in respect of the custody, residence, education and marriage- (a) of any ward whose person is for the time being under its superintendence; (b) of any minor child, minor brother of minor sister of such ward, or such other minor or incapacitated person who, in the opinion of the court, is entitled to maintenance at the charge of the ward's estate.

(1) The court may appoint managers for the property, and guardians for the person, of any ward, and may control or remove any manager or guardian so appointed: Provided that the court shall not appoint a guardian for any person who has become a ward in pursuance of an order under section 17. (2) Any appointment made under this section shall terminate when the court ceases to exercise superintendence over the person for whom a guardian, or over property for which a manager, has been appointed.

If no manager of the property or guardian of the person of a ward is appointed by the court, or the office is temporarily vacant, the Collector specified in the notification under section 18, or any other Collector whom the court may appoint in this behalf, shall be competent, under the control of the court, to do anything that might be done by such manager or guardian.

(1) No person being the next legal heir of a ward, or appearing to have a direct or indirect advantage in the death or continued disqualification of such ward, shall be appointed guardian of such ward: Provided that the mother of a ward, or any person appointed guardian by the will of a person authorised to make such appointment, may be appointed guardian by the court at its discretion. (2) A female guardian shall be appointed for a female ward, and a male guardian for a male ward above seven years of age, unless, in any case, the court, for special reasons, shall direct otherwise: Provided that no guardian shall ordinarily be appointed for a female ward, if she has an adult husband;

A guardian appointed under section 23 shall be charged with the custody of the ward, and, subject to the control of the court, shall make suitable provision for his maintenance and health, and if he be a minor, for his education, and for such other matters as are required by the personal law to which the ward is subject, and shall- (a) give such security (if any), as the court thinks fit, for the due performance of his duty; (b) submit such accounts as the court may direct; (c) pay the balance due from him thereon; (d) continue liable to account to the court 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 to any act which may involve expense, not previously sanctioned by the court; (f) be paid such allowance out of the property of the ward as the court thinks fit.

Every manager appointed by the court shall have power, subject to the control of the court, to collect the rents of land placed under his charge, as well as all other moneys due to the ward, and to grant receipt therefore, and may, under the orders of the court, grant or renew such leases as may in his opinion be necessary for the good management of the property, and do all such lawful acts as he may be generally or specially authorised by the court to do for the good management of the property.

(1) Every manager appointed by the court shall manage the property placed under his charge diligently and faithfully and shall- (a) give such security, with such sureties, if any, as the court thinks fit, for the due discharge of the trusts of his office and for the due account of all property and moneys which come into his control or possession by reason of his office; (b) keep such accounts in such form and submit them at such times as the court may direct; (c) deal with all moneys received by him in such manner as the court may direct; (d) obtain the sanction of the court to any act which may involve the property in expense not previously sanctioned by the court; (e) be responsible for any loss occasioned to the property under his management by his negligence or wilful default; and every such loss shall be recoverable from him and from his sureties, if any, as an arrear of land revenue; (f) continue liable to account to the court after he has ceased to be manager for his receipt and disbursements during the period of his managership. (2) The manager shall be paid such allowance out of the property of the ward as the court thinks fit.

Every guardian, manager, or other servant of the court shall be deemed to be a public servant within the meaning of sections 161, 162, 163, 164, 165 and 165A of the Indian Penal Code (45 of 1860): and in the definition of "legal remuneration" contained in the said section 161, the word "Government" shall, for the purposes of this section, be deemed to include the court.

Every manager or other servant of the court entrusted with the receipt, custody or control of moneys or securities for money on behalf of the court or with the management of any property under its superintendence shall be deemed to be a public accountant within the meaning of the Kerala Public Accountants Act, 1963 (Kerala Act 37 of 1963).

Unless the court otherwise directs, all moneys received by, or on behalf of, the court on account of the property of any ward shall be employed in meeting the charges included in Class I hereinafter specified, before such moneys are employed in meeting the charges in Classes II and III hereinafter specified and in meeting the charges in Class II before they are employed in meeting those in Class III. Class I Charges necessary for the maintenance, residence, education, marriage and indispensable religious observances of the ward and his family and of those in respect of whom such charges have to be paid out of the property of the ward. Charges necessary for the management and supervision of the property of the ward. Charges on account of Government revenue and of all cesses and other public demands due in respect of such property, or any part of such property. Class II Charges on account of rent, cesses or demands due to any superior land holder in respect of any land held on behalf of the ward. The liquidation of debts payable by the ward out of the property taken charge of by the court.Expenses necessary to protect the interests of the ward in the civil courts or otherwise. The maintenance in efficient condition of the estates, buildings and other immovable property and the suitable upkeep of the furniture, equipage, livestock and other movable property belonging to the ward. Class III The payment of such charges for the religious observances of the ward and his family and of such religious, charitable and other allowances and of such donations befitting the position of the ward's family, as the court may authorise to be paid. The prevention and relief of distress among the ward's tenantry. The improvement of the land and property of the ward and the benefit of the ward and his property generally.

Any surplus which remains after providing, so far as the court deems fit, for the objects mentioned in section 31, shall be applied in the purchase of other landed property, or invested at interest on the security of- (a) promissory notes, debentures, stock and other securities of the Government of India or of the Government of Kerala; (b) Stock, or debentures of, or share in, companies, the interest whereon has been guaranteed by the Government of India; (c) debenture or other securities for money issued by, or on behalf of, any local authority under the authority of any Act of the Legislature of any State; (d) such other securities, stock or shares guaranteed by the Government of Kerala or the Government of India as the court shall deem fit; or (e) first mortgages of immovable property situate in the State of Kerala , provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third or, if consisting of buildings, exceeds by one-half, the mortgage money.

(1) A ward shall not be competent- (a) to transfer or create any charge on, or interest in, any part of his property which is under the superintendence of the court, or to enter into any contract or to make any acknowledgment involving him in pecuniary liability personally or in respect of such property; but nothing in this clause or in section 22 shall be deemed to affect the capacity of a ward to enter into a contract of marriage: Provided that he shall not incur in connection therewith 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 may, in writing, declare to be reasonable; (b) to grant valid receipt for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate; (c) to adopt or to give a written or verbal permission to adopt, without the consent of the court; (d) to dispose of his property by will without the consent of the court: Provided first that the court shall not withhold its consent under clause (c) or clause (d) if the adoption or testamentary disposition is not contrary to the personal or special law applicable to the ward and does not appeal likely to cause pecuniary embarrassment to the property, or to lower the influence or respectability of the family in public estimation: Provided secondly that the court may confirm a will or an adoption made, or a permission to adopt given, without its previous consent: Provided thirdly that the provisions of clauses (c) and (d) shall not apply to any proprietor in regard to whose property a declaration has been made under section 17. (2) No claim under section 68 of the Indian Contract Act, 1872 (9 of 1872), shall be enforceable against the property of a ward which is under the superintendence of the court; but the court may, in its discretion, satisfy in whole or in part, any such claim.

The court may mortgage or sell the whole or any part of any property under its superintendence and may give leases of the whole or any part of such property for such terms as it thinks fit, and may make remissions of rent or other dues, and may generally pass such orders and do such acts not inconsistent with the provisions of this or any other Act for the time being in force as it may judge to be for the advantage of the ward or for the benefit of the property.

The court may order such establishments to be employed and charges to be incurred as it shall consider requisite for the care and management of the persons and properties under its superintendence and generally for all the purposes of this Act, and may order that such charges shall be borne by and distributed amongst the said properties in such proportions as it deems fit.