Chapter III ASSUMPTION OF SUPERINTENDENCE OF PERSON AND ESTATE

1. (1) Landholders shall be deemed to be disqualified to manage their own estate when they are-
   • (a) minors;
   • (b) persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their own estate;
   • (c) persons declared by the Government to be incapable of managing or unfit to manage their own estate,-
     • (i) owing to any physical or mental defect or infirmity unfitting them for the management of their own estate;
     • (ii) owing to their having been convicted of a non-bailable offence or being unfitted by vicious habits or bad character for the management of their own estate;
     • (iii) owing to their having entered upon a course of extravagance;
     • (iv) owing to their failure without sufficient reason to discharge the debts and liabilities due by them;
     • (v) owing to such mismanagement as has caused general discontent among the tenants: Provided that no such declaration shall be made under sub-clause (iii) or (iv), unless the Government is satisfied that such extravagance or such failure to discharge the said debts and liabilities is likely to lead to the dissipation of the estate.
2. (2) No declaration under clause (c) of sub-section (1) shall be made until the landholder has been furnished with a detailed statement of the grounds on which it is proposed to disqualify him and has had an opportunity of showing cause why such declaration should not be made.

1. (1) The Government may, direct the Collector, or such other person as it may appoint, to make an inquiry into the circumstances of any landholder and the extent of his indebtedness. For the purpose of compelling the attendance of witnesses and the production of documents in the course of such inquiry the Collector or other person appointed to make the inquiry may exercise all or any of the powers of a Civil Court under the Code of Civil Procedure, 1908.
2. (2) The Collector shall notify in the Rajasthan Gazette the date on which the inquiry will be held. A copy of the notification shall be served on the landholder. The Collector shall also publish the said notification in the manner prescribed for the publication of notifications of assumption of charge by the Court of Wards.
3. (3) From the date of the publication of the said notification in the Rajasthan Gazette the prohibitions contained in clause (a) of section 37 of this Act shall apply to the landholder so long as the inquiry is proceeding, and until the orders of the Government are passed thereon.

A landholder may apply to the Collector to have his estate placed under the superintendence of the Court of Wards, and the Court of wards may, on being satisfied that it is expedient to undertake the management of such estate, make a declaration to this effect.

No declaration made by the Government under section 8 or by the Court of Wards under section 10 shall be questioned in any Civil Court.

1. (1) The Court of Wards shall assume the superintendence of the estate of any landholder disqualified under clause (c) of sub-section (1) of section 8 or in regard to whose estate a declaration has been made under section 10.
2. (2) The Court of Wards may in its discretion assume or refrain from assuming the superintendence of-
   • (a) the estate or person and estate of any landholder disqualified under clause (a) or (b) of sub-section (1) of section 8,
   • (b) the person of any landholder disqualified under clause (c) of sub-section (1) of section 8.
3. (3) The Court of Wards may assume the superintendence of the person of any minor who has an immediate or reversionary interest in the estate-
   • (a) of any landholder disqualified under section 8; or
   • (b) of any landholder in regard to whose estate a declaration has been made under section 10.

If the right of the Court of Wards to assume or retain the superintendence of the person or estate of any disqualified landholder is disputed by such landholder or, if he be a minor, or of unsound mind, by some person on his behalf, the case shall be reported to the Government, whose orders thereon shall be final and shall not be questioned in any Civil Court.

(1)Whenever any Collector receives information that any landholder has died, and he has reason to believe that the successor of such landholder should be deemed to be disqualified under clause (a) or (b) or (c) (i) or (c) (ii) of sub-section (1) of section 8:-

1. (a) he may, subject to the direction and control of the Court of Wards, take possession of the estate of the successor and appoint a manager thereof, who shall exercise all the powers conferred by this Act on a manager appointed by the Court of Wards or may take such steps and make such orders for the temporary custody and protection of the estate of the successor as he thinks proper; and
2. (b) if the successor be a minor, he may direct that the person, if any, having the custody of the minor shall produce him, or cause him to be produced, at such place and time, and before such person, as he appoints, and may take such order for the temporary custody and protection of the minor as he thinks proper.

1. (2) If the estate is not afterwards taken under charge by the Court of Wards, all expenses incurred by a Collector acting under this section shall be recoverable as arrears of land revenue from the landholder or the person or persons whom the Collector shall find to be in possession of such estate by any process by which arrears of land revenue may, for the time being, be recovered.
2. (3) Any action taken by a Collector under sub-section (1) shall at once be reported by him to the Court of Wards.

When the Court of Wards assume the superintendence of any person or estate, the order of assumption shall be notified in the Rajasthan Gazette, and shall specify the Collector or other person who is put in charge.

1. (1) The whole estate of a Ward including all his movable and immovable properties shall be deemed to be under the superintendence of the Court of Wards-
   • (a) from the date of assumption of superintendence, in the case of landholders disqualified under clause (a) or clause (b) of sub-section (1) of section 8; and
   • (b) from the date of the declaration made under clause (c) of sub-section (1) of section 8 or under section 10, as the case may be.
2. (2) The Collector or other person appointed in that behalf shall take possession and custody of the estate and manage it in accordance with rules made under section 64.
3. (3) Any property which the ward may inherit subsequent to the date of such assumption or declaration shall be deemed to be under the superintendence of the Court of Wards.
4. (4) The Court of Wards may in its discretion assume or refrain from assuming the superintendence of any property which the ward may acquire otherwise than by inheritance subsequent to the date of such assumption or declaration.