The Rajasthan Court of Wards Act, 1951

The Rajasthan Court of Wards Act, 1951

Civil195164 sections8 chapters

The Rajasthan Court of Wards Act, 1951 allows the government to take over and manage the land and personal affairs of landholders who cannot manage them themselves. This law applies specifically to landholders in Rajasthan holding state grants who are deemed disqualified due to being minors, mental or physical illness, or severe financial mismanagement. It matters because it prevents the ruin of estates and protects vulnerable heirs. Specifically, it establishes a clear process to resolve debts and ensures that the daily expenses, housing, and education of the landholders and their families are maintained under temporary government custody and supervision.

Chapter I PRELIMINARY →

  1. 1Title, extent and commencement
  2. 2Repeal
  3. 3Interpretation
  4. 4Definitions

Chapter II THE COURT OF WARDS →

  1. 5Rajasthan Court of Wards
  2. 6Control of the Government
  3. 7Powers of the Court of Wards, how exercised

Chapter III ASSUMPTION OF SUPERINTENDENCE OF PERSON AND ESTATE →

  1. 8Landholders when to be deemed disqualified
  2. 9Inquiry into circumstances of a landholder by order of the Government
  3. 10Application by landholder himself
  4. 11Jurisdiction of Civil Court barred
  5. 12Power to assume superintendence
  6. 13Report to the Government when Court of Ward's right of superintendence is disputed
  7. 14Protection of person and property of successor on death of landholder
  8. 15Notification of assumption of superintendence
  9. 16Whole estate of ward to be deemed to be under superintendence

Chapter IV ASCERTAINMENT OF DEBTS →

  1. 17Notice to claimants and presentation of claims
  2. 18Effect of failure to notify claims
  3. 19Powers of Collector in regard to claim
  4. 20Prosecution of claims in Civil Court
  5. 21Execution of decrees to be stayed till certificate filed
  6. 22Documents not produced to be inadmissible in evidence in certain cases
  7. 23Stay of process of execution in a Civil Court against estate of ward
  8. 24Power to invest persons with powers under this Chapter

Chapter V GUARDIANSHIP AND MANAGEMENT →

  1. 25Allowance for ward and his family
  2. 26Residence and education of wards
  3. 27Appointment, removal and control of guardian
  4. 28Duties of guardian
  5. 29Appointment, control and removal of manager
  6. 30Powers of manager
  7. 31Duties of managers
  8. 32Termination of appointment of guardian or manager
  9. 33Guardian, etc. to be deemed to be public servants
  10. 34How manager's and other servants to be proceeded against for loss or defalcation
  11. 35Collector when to discharge the duties of guardian or manager
  12. 36Application of moneys received by manager
  13. 37Disabilities of wards
  14. 38Powers of Court of Wards as to estate under its superintendence
  15. 39Arrears of rent recoverable as arrears of land revenue
  16. 40Grant of certificate of arrears due
  17. 41Procedure if defaulter denies liability
  18. 42When defaulter may bring a civil suit to contest liability
  19. 43Establishments and expenses
  20. 44Audit of accounts

Chapter VI RELEASE OF PERSON AND ESTATE FROM SUPERINTENDENCE →

  1. 45Power to release from superintendence
  2. 46Option to release or retain superintendence in certain cases
  3. 47Retention of superintendence when there are more landholders than one
  4. 48Appointment of guardian on release of minor
  5. 49Disposal of estate after death of ward when succession doubtful
  6. 50Powers to be exercised in respect of estate, the superintendence of which is retained
  7. 51Delivery of documents and accounts on release of estate
  8. 52Notification of release from superintendence
  9. 53Effect of release without discharge of liabilities

Chapter VII SUITS →

  1. 54Exercise of discretion not to be questioned in Civil Court, certain officers protected from suits
  2. 55Notice of civil suit
  3. 56Suit in Civil Court to be in the name of Collector or of such other person, as the Court of Wards may appoint
  4. 57Appointment of representatives in Civil Court
  5. 58Statement of case for opinion by Civil Court
  6. 59Procedure for arbitration in cases between wards
  7. 60Suits etc. in Revenue Courts
  8. 61Saving of direct liability of Court of Wards for legal expenses

Chapter VIII MISCELLANEOUS →

  1. 62Deeds and other instruments
  2. 63Recovery of expenses
  3. 64Power of Court of Wards to make rules

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