Chapter IV ASCERTAINMENT OF DEBTS

1. (1) On the publication of a notification under section 15, the Collector specified in the order of assumption, or any other Collector whom the Court of Wards may appoint in this behalf, shall publish in the Rajasthan Gazette a notice calling upon all persons having claims, including decrees for money whether secured by mortgage or not, against the ward or his estate to notify the same in writing to such Collector, within six months from the date of publication of the notice: Provided that, if the claimant be at the date of notice, a minor or insane or an idiot, the said period of six months shall begin to run in accordance with the rules contained in section 6 of the Indian Limitation Act, 1908: Provided further that if the claimant be at the date of the said notice absent from India, the said period shall begin to run from the date of his return to India.
2. (2) The notice shall also be published at such places and in such other manner as the Court of Wards, may be general or special order, direct.
3. (3) Every claimant shall together with his statement of claim present full particulars thereof: Provided that in the case of a decree, it shall be sufficient to file a certified copy of the same together with particulars showing the extent to which the decree has been satisfied.
4. (4) Every document (including entries in books of account) on which the claimant founds his claim, or on which he relies in support thereof, shall be produced before the Collector with the statement of claim: Provided that the provisions of section 4 of the Banker's Books Evidence Act, 1891, shall apply to proceedings under this Chapter.
5. (5) Every such document shall be accompanied by a true copy of the same. The Collector shall mark the original document for the purpose of identification, and after examining and comparing the copy with it, shall retain the copy and return the original to the claimant.
6. (6) Nothing in this and the following sections of this Chapter shall apply to any claim in respect of a transaction subsequent to the date of notification under section 15.

Subject to the provisions of section 20, every claim of the nature specified in section 17 against the ward or his estate other than debts due to and liabilities incurred in favour of the Government, which is not notified under section 17, shall be deemed for all purposes and on all occasions, whether during continuance of the superintendence of the Court of Wards or afterwards, to have been duly discharged: Provided that, if the claimant can show sufficient cause for failure to comply with the provisions of section 17, the Collector shall receive his claim, and the claim so received shall be deemed to have been notified under section 17: Provided also that the provisions of this section shall not be deemed to extinguish any such claim in any case in which the Court of Wards after assuming the superintendence of such estate releases the same from its superintendence without discharging the liabilities thereof, in the manner provided in this chapter: Provided further, that nothing in this section shall apply to a mortgagee in possession of immovable property of the ward.

1. (1) The Collector shall decide which of the claims notified or deemed to have been notified under sections 17 and 18 are to be allowed and which are to be disallowed, in whole or in part, and, on his decision being confirmed by the Court of Wards, shall give written notice of the same to the claimants.
2. (2) When a claim which has been received under the first proviso to section 18 is allowed, the Collector may disallow payment in part of the interest which has accrued since the publication of the notice under section 17.
3. (3) Where a claim allowed under sub-section (1), not being a claim merged in a decree, is due or payable, the Collector may, if such claim can not be at once discharged, fix the rate of interest to be paid thereon from the date of his decision to the date of payment and discharge of such claim: Provided that, if such claim is not discharged by the Court of wards within two years from the date of the decision of the Collector allowing it, any order made under this sub-section reducing the contractual rate of interest shall be deemed to be inoperative.
4. (4) The Collector may fix the rate of interest to be paid on the claim from the date of such decision to the fixed date aforesaid or to a date two years from the date of the decision, whichever may be the longer period: Provided that, if such claim is not discharged by the Court of Wards on or before the date up to which the interest has been fixed by such order, the order reducing the contractual rate of interest shall be deemed to be inoperative.
5. (5) In no case shall the rate of interest fixed under sub-section (3) or sub-section (4), be less than six per centum per annum.
6. (6) The action of the Collector under sub-sections (2), (3) and (4) of this section, shall be subject to the confirmation of the Court of Wards and shall not be open to question in any Civil Court.

Nothing in sections 18 and 19 shall be construed to prevent any person from instituting or continuing in any competent Court any suit or proceeding in respect of any claim which has been disallowed in whole or in part by the Collector under section 18 or by the Court of Wards under section 19 (1): Provided that, where the claimant has failed to notify his claim under section 17, no suit or proceeding in respect of such claim shall be maintainable unless the claimant shows good and sufficient cause for such failure.

1. (1) On the publication of a notice u/s. 17, no fresh proceeding in execution of any decree against the ward, or his estate shall be instituted in, nor shall any attachment or other process in any such proceeding then pending be issued by, any Court until the decree holder files-
   • (a) a certificate to the effect that the claim has been notified or is deemed to have been notified in accordance with section 17, or
   • (b) a copy of a final order or decree of the Civil Court allowing the claim in any suit or proceeding referred to in section 20.
2. (2) Any person holding a decree against the ward or his estate, shall be entitled to receive from the Collector free of cost; a certificate to the effect specified in sub-section (1) (a), and such certificate shall be conclusive proof, as defined by section 4 of the Indian Evidence Act, 1872, of the truth of facts to be stated therein.
3. (3) In computing the period of limitation prescribed by the Indian Limitation Act, 1908, or section 48 of the Code of Civil Procedure, for any application for the execution of a decree, proceedings in which have been stayed or temporarily barred under sub-section (1), the time from the date of notice or of the decree, if it was passed subsequently to the publication of notice, to the date when the Collectors' decision under section 19 is confirmed by the Court of wards, shall be excluded.

If any document in the possession or under the control of in person is not produced by him as required by section 17, such document shall not be admissible in evidence against the ward, whether during the continuance of the superintendence or afterwards, in any suit brought by that person or any person claiming under him, to enforce the claim or liability founded upon or supported by it, unless good cause be shown to the satisfaction of the Court, for the non-production thereof before the Collector.

If a Civil Court has directed any process of execution to issue against any property of a ward, the Court of Wards may, at any time within one year after it assumes charge of his estate, apply to the Civil Court to stay proceedings in the matter of such process, and the Civil Court may, on such terms regarding interest or compensation for delay, as appear to it to be just and reasonable, stay such proceedings for such period as it may deem fit.

The Government may invest any person with the powers of a Collector under this Chapter.