Chapter V GUARDIANSHIP AND MANAGEMENT

The Court of Wards may from time to time, determine, what sums shall be allowed in respect of the expenses of any ward and of his family and dependants.

If the superintendence of the person of any ward or minor member of a wards, family has been assumed, the Court of wards, may pass such order, as it thinks fit, in respect of his residence, and also in the case of a minor in respect of his education, provided that where the said minor is a female, nothing herein contained shall authorise the Court of Wards to remove her from the custody of her parents, grand parents or husband.

1. (1) The Court of Wards may, appoint guardians for the care of the persons of such wards as, are minors or of unsound mind or suffering from any physical or mental defect or infirmity, and may, control and remove such guardians and no appointment of a guardian, for any ward, shall be valid unless and until it has been confirmed by the Court of Wards.
2. (2) In appointing a guardian under this section the Court of Wards shall be guided by the provisions of section 17 of the Guardians and Wards Act, 1890.

A guardian so appointed shall be charged with the custody of the ward and shall make suitable provision for his maintenance, health, and, if he be a minor, his education, and such other matters, as the personal law to which the ward is subject, requires, and shall-

1. (a) give such security as the Court of Wards thinks fit for the due performance of his duty,
2. (b) submit such accounts as the Court of Wards may direct,
3. (c) pay the balances due from him thereon,
4. (d) apply for the sanction of the Court of Wards to any act, which may involve expense, not previously sanctioned by the Court of Wards,
5. (e) receive such allowance, to be paid out of the estate of the ward, as the Court of Wards thinks fit,
6. (f) continue liable to account to the Court of Wards, after he had ceased to be guardian, for his receipts and disbursements during the period of his guardianship.

The Court of Wards may appoint a manager for any estate under its superintendence and may control and remove such manager. Such manager shall receive such pay and allowances to be paid out of the estate, as the Court of Wards thinks fit.

A manager appointed by the Court of Wards, shall have power to collect the rents of the land placed under his charge, as well as, all other moneys due to the ward whose estate he manages, and to grant receipts therefor,- and he may grant agricultural leases for a term not exceeding seven years, and do all such lawful acts, as he may be generally or specially authorised by the Court of Wards to do for the good management of the estate.

Every manager appointed by the Court of Wards shall manage the property placed under his charge diligently and faithfully and he shall-

1. (a) give such security if, any, as the Court of Wards thinks fit duly to account for what he may receive in respect of the rents and profits of the estate under his charge,
2. (b) keep accounts in such form and submit them at such times, as the Court of Wards may direct,
3. (c) deal with all moneys received by him in such manner as the Court of Wards may direct,
4. (d) apply for the sanction of the Court of Wards to any act which may involve the estate in expense not previously sanctioned by the Court of Wards,
5. (e) be responsible for any loss occasioned to the estate of the ward by his negligence or wilful default,
6. (f) continue liable to account to the Court of Wards, after he had ceased to be manager, for his receipts and disbursements during the period of his managership.

The appointment of any guardian or manager appointed under section 27 or section 29, shall terminate on the Court of Wards ceasing to exercise superintendence of the person or estate for whom or which such guardian or manager has been appointed.

Every guardian, manager or other servant of the Court of Wards, shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code and, in the definition of "legal remuneration" contained in section 161 of that Code, the "Government" shall, for the purposes of this section, be deemed to include the Court of Wards.

Every guardian, manager or other servant of the Court of Wards entrusted with the receipt, custody or control of moneys or securities for money on behalf of the Court of Wards or with the management of any estate under its superintendence, may be proceeded against for any loss or defalcation in his accounts as if the amount thereof were an arrear of land revenue.

If no guardian of the person or the estate of a ward is appointed by the Court of Wards, the Collector specified in the order of assumption under section 15, or any other Collector whom the Court of Wards may appoint in this behalf, shall be competent to do, under the orders of the Court of Wards, any thing that might be lawfully done by a guardian or a manager.

All moneys received by the manager, shall be applied to the purposes hereinafter mentioned in accordance with such instructions, as the Court of Wards may from time to time, give in that behalf; priority shall be given to the purposes included under class I over those included in class II, and, unless the Court of Wards shall specifically otherwise direct, priority shall be given to the purposes included in class II over those included in class III. Class I. The payment of all charges necessary for the maintenance and education of the ward and his family, and for the management and supervision of the estate of the ward; and the discharge of the instalments of Government revenue and of all cesses and other public demands from time to time due in respect of such estate or any part of such estate. Class II. The liquidation of debts payable by the ward; the payment of all expenses which may be necessary to protect the interests of the ward in the Civil Courts or otherwise; the maintenance in an efficient condition of the buildings, and other immovable property, and the suitable upkeep of the furniture, equipage, livestock and other movable property belonging to the ward; and 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 of Wards may authorise to be paid. Class III. 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 estate generally; and the purchase of other landed or house property, and investments at interest on the securityof promissory notes, debentures, stocks and other securities of the Central Government; stock or debentures of, or shares in, railway or other companies, the interest whereon has been guaranteed by the Central Government; debentures or other securities for money paid by or on behalf of any municipal body or any port trust under the authority of any Act of a Legislature established in India; such other securities, stocks or shares guaranteed by the Central Government or the State Government, as to the Court of Wards shall seem fit; mortgages on immovable property; or promissory notes for period not exceeding one year executed on behalf of other landholders under the superintendence of the Court of Wards.

A ward shall not be competent-

1. (a) to transfer or create any charge on, or interest in, any part of his estate which is under the superintendence of the Court of Wards, or to enter into any contract which may involve him in pecuniary liability; but nothing in this clause shall be deemed to effect 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 of Wards, may, in writing declare to be reasonable;
2. (b) to adopt without the consent in writing of the Court of Wards;
3. (c) to dispose of his property by will without the consent in writing of the Court of Wards given either previously or subsequently to the making of the will but during the lifetime of the testator.

1. (1) The Court of Wards may mortgage or sell the whole or any part of any estate under its superintendence, and may give leases or farms of the whole or any part of such estate for such terms, as it thinks fit and may make such remissions of rent or other dues and may generally pass such orders and do such acts not inconsistent with the provisions of this Act or any other law in force for the time being, as it may judge to be for the advantage of the ward or for the benefit of the estate: Provided that no estate placed under the superintendence of the Court of Wards under section 10 shall be sold in whole or in part without the consent of the landholder except on the ground that the debts and liabilities with the estate is charged, are such as to render their liquidation within a reasonable time impracticable, and that the release of the estate under section 45 is inexpedient owing to contracts or engagements entered into or liabilities undertaken during the superintendence of the Court of Wards.
2. (2) A certificate granted to the purchaser by the Court of Wards to the effect,-
   • (a) that the consent of the landholder to the sale has been obtained, or
   • (b) that the sale has been made in circumstances which under the proviso to sub-section
3. (1) of this section render such consent unnecessary; shall be conclusive proof as defined by section 4 of the Indian Evidence Act, 1872 of the truth of those facts.

Notwithstanding anything to the contrary contained in any law for the time being in force, arrears of rent, rates and cesses due in respect of an estate under the charge of the Court of Wards (whether such rent, rates and cesses became due before or after the Court of Wards took charge) may, under the order of the Collector of the district in which such estate is situated, be recovered as arrears of land revenue by any process by which arrears of land revenue may for the time being be recovered.

1. (1) When a Collector decides to proceed under the last preceding section, he shall, on being satisfied that the arrear is due and that payment thereof has been demanded, grant a certificate stating the amount due and the person by whom it is payable, and such certificate save as otherwise provided by this Act, shall be conclusive proof of the matters therein stated.
2. (2) The certificate shall be for the amount of all arrears and interest due and recoverable and there shall be payable in respect thereof, a court fee of the same amount as is payable under the Court Fees Act in force for the time being in respect of a plaint for the same amount, and the amount of such court fee may be included in the amount for which the certificate is given.

1. (1) If the person named in the certificate denies his liability for the amount named therein or any part thereof he may, within thirty days from receiving notice thereof, or if, no notice is given, within thirty days after any process for realising the amount or enforcing the certificate has been executed, present a petition to the Collector stating the grounds of his denial.
2. (2) The Collector may-
   • (i) reject such petition summarily; or
   • (ii) after such inquiry as he thinks fit, amend or cancel the certificates or suspend its execution for such time, as he may think fit; or
   • (iii) remit the certificate and petition to any Revenue Court having jurisdiction to be dealt with as a suit between the manager and the petitioner, and the certificate shall thereupon be treated as a plaint duly presented.

1. (1) Any person who has presented a petition under the last section,-
   • (a) if that petition has been rejected under clause (i) of sub-section (2) of that section, or
   • (b) if the certificate has not been cancelled or amended to his satisfaction under clause (ii), or
   • (c) if the petition and certificate have not been remitted to be dealt with under clause (iii), may, if he denies his liability to pay the amount entered in the certificate or any part thereof and pays the same under protest made in writing at the time of payment, institute a civil suit for the recovery of the amount or the part thereof so paid.
2. (2) In such suit, the plaintiff may, notwithstanding anything in section 40, give evidence with respect to any matter stated in the certificate.

The Court of Wards, may from time to time, order such establishments to be entertained and expenses to be incurred as it shall consider requisite for the care and management of the persons and estates under its superintendence, and generally for all the purposes of this Act, and may order that such expenses be charged against the estate of the ward generally or against any one or more properties for the purposes of which such establishments are, or have been entertained or such expenses have been incurred.

The accounts of estates under the superintendence of the Court of Wards, shall be audited by such persons and in such manner, as may be prescribed.