Vidhi Codex

*THE ORISSA COURT OF WARDS ACT, 1947

The ODISHA COURT OF WARDS ACT, 1947

Civil194777 sections

The Orissa Court of Wards Act, 1947, establishes a legal framework for the State to assume control over the property and person of individuals deemed "disqualified" from managing their own affairs. This includes minors, individuals of unsound mind, or proprietors declared incapable due to physical infirmity, wasteful extravagance, or persistent failure to pay debts. The Act empowers the Revenue Commissioner, acting as the "Court of Wards," to manage these estates, settle debts, and protect the interests of the ward and their family. It is a protective measure designed to prevent the dissipation of family wealth and ensure the orderly administration of land and assets.

Start reading →Read full ActSections
  1. 0. Preamble
  2. 1. Short title, extent and commencement
  3. 2. Repeal and savings
  4. 3. Saving of jurisdiction of High Court
  5. 4. Definitions
  6. 5. Court of Wards
  7. 6. Control of State Government
  8. 7. Power of the Court how exercised
  9. 8. Appeals
  10. 9. Control of Court
  11. 10. Disqualification
  12. 11. Immediate protection of disqualified heirs
  13. 12. Recovery of expenditure
  14. 13. Report by a Collector
  15. 14. Proprietor to be given opportunity to be heard and to adduce evidence
  16. 15. Report by Court
  17. 16. Superintendence by Court of property of a disqualified proprietor
  18. 17. Superintendence by Court of the person of a disqualified proprietor
  19. 18. Proprietor not to be declared disqualified unless on ground of public interests
  20. 19. Application by proprietor himself
  21. 20. Notification of assumption of superintendence
  22. 21. Collector to take charge of ward's property
  23. 22. Powers of Collector in so doing
  24. 23. Allowances for ward and family
  25. 24. Custody, residence, education and marriage of ward or minor relatives
  26. 25. Appointment, etc. of managers and guardians
  27. 26. Collector to act if there are none
  28. 27. Who may and may not be guardians
  29. 28. Duties of guardians
  30. 29. Powers of manager
  31. 30. Duties of manager
  32. 31. Employees of Court deemed to be public servants
  33. 32. Sums due to Court recoverable as public demands
  34. 33. Court may order guardian or manager to make over property
  35. 34. Regulation of expenditure
  36. 35. Disposal of surplus money
  37. 36. Power to invest surplus
  38. 37. Disabilities of wards
  39. 38. Powers of Court as to property under its superintendence
  40. 39. Establishments and distribution of charges
  41. 40. Notice calling upon claimants to notify claims
  42. 41. Claimants to furnish full particulars and documents
  43. 42. Pecuniary claim of Government, etc. not affected
  44. 43. Claims admitted and disallowed
  45. 44. Claims not notified cease to carry interest
  46. 45. Inadmissibility in evidence of documents not produced
  47. 46. When mortgagee in possession may be dispossessed
  48. 47. Provision regarding leases for insufficient consideration
  49. 48. Execution of decrees to be transferred to Collector in certain cases
  50. 49. Collector to whom execution of decree has been transferred to cease to discharge the functions of a Collector under the Act
  51. 50. Certain provisions of Civil Procedure Code to be applicable to execution of decrees transferred to Collector
  52. 51. Bar of certain suits and proceedings
  53. 52. Notice of suits
  54. 53. Suit or proceeding by or against
  55. 54. Costs against next friend or guardian how paid
  56. 55. Process against wards to be served through Collector
  57. 56. Suits must be authorised by Court
  58. 57. Adjudication of civil disputes between two or more wards
  59. 58. Release from superintendence.
  60. 59. Release of estate taken under management when the estate is inextricably involved.
  61. 60. When estate taken under management under Section 20 may be made over to proprietor.
  62. 61. Option to retain superintendence in certain cases.
  63. 62. Disabilities of proprietor in such cases.
  64. 63. Appointment of guardian before release.
  65. 64. Recovery of expenses after release.
  66. 65. Procedure when succession to ward's property is disputed.
  67. 66. Notification of release from superintendence.
  68. 67. Powers of Courts in regard to religious endowments of which ward is hereditary trustee.
  69. 68. Judicial power of Collector in making enquiries.
  70. 69. Property under superintendence not liable to sale for arrears.
  71. 70. Conditions under which estate may be sold for arrears of revenue.
  72. 71. Power to make rules.
  73. 72. Abetting unsanctioned marriage of wards, etc.
  74. 73. Disobeying certain orders of Collector.
  75. 74. Disobeying order of the Court.
  76. 75. Application of Act to estates of Rulers of Indian States.
  77. Schedule. Schedule

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