Chapter IV MANAGEMENT AND GUARDIANSHIP.

When the Court has assumed superintendence of the property of a ward, the Collector named in the notification under sub-section (2) of section 14, or if so directed by the Court, the Collector of the district in which any part of the property is situate, shall take possession and custody of the property on behalf of the Court and manage it in accordance with the rules made under this Act.

(b) purpose of searching for such property or accounts or papers, and take or authorise any other person to take every precautionary measure for preventing clandestine removal of accounts, papers or property from such house or room: Provided that an entry into any house or room occupied by a pardahnashin lady shall not be lawful unless sufficient time and adequate facilities are afforded to her for withdrawing therefrom; (c) summon for examination any person who is or was in the employ of the ward and any person who was in the employ of the deceased owner from whom the ward got the property; and defray the necessary expenses for summoning and attendance out of the profits from the ward’s property; (d) require all persons in possession of the immovable property of the ward or interested therein, to produce documents in respect of their possession or interest.

The Court may, from time to time, determine the sums to be allowed for the expenses of any ward, his family and dependents.

The Court may, at its discretion, make orders and arrangements for the custody, residence, education and marriage of the following persons:- (a) ward whose person is under the superintendence of the Court; (b) any minor member of the ward’s family who in the opinion of the Court, should be maintained at the charge of the ward’s property; (c) ward’s next male heir being minor and entitled to maintenance.

(1) The Court may appoint a guardian for the person of the ward and manager for his property and may supervise their work or remove them. (2) The Court may, at its discretion, obtain from the person appointed under sub-section (1), security and guarantee for the performance and discharge of duties and may pay, if necessary, adequate remuneration for his service, from the property of the ward. (3) An appointment made under sub-section (1) shall terminate on cessation of superintendence of the Court. (4) The appointment of a guardian under this section, shall be subject to the provisions contained in sections 3 and 17 of the Guardians and Wards Act, 1890.

Where no guardian or manager is appointed by the Court for the person or property of the ward or such office is temporarily vacant, the Collector specified in the notification under section 14, or any other person whom the Court may appoint for this purpose, may, under the control of the Court, do all acts that might be done by such guardian or manager.

(1) A guardian appointed under section 20 shall,- (a) be charged with the custody of the ward and subject to the control of the Court, make suitable provision for his maintenance, health and education and for such other matters as may be required by the religion and family custom and usage of the ward; (b) keep and submit accounts at the time prescribed by the Court; for all moneys that may come in his control or possession; (c) pay the balances due from him as per the accounts. (2) The guardian shall continue to be liable to account even after he has vacated the office. (3) The guardian shall not, without the sanction of the Court, do anything whereby the property of the ward is encumbered or expenses are incurred.

Subject to the control of the Court, the manager may,- (a) collect the income of the ward’s property under the superintendence of the Court, and all moneys due to the ward and grant receipts therefor; (b) under the orders of the Court, grant or renew leases for good management of the property and do any act for which he has been authorised by the Court generally or specially.

The manager shall deligently and faithfully manage the property placed under his charge and shall,- (a) keep and submit at the times and in the forms prescribed by the Court, accounts of all such moneys as may come under his control or in his possession; (b) deal with all moneys received by him in such manner as the Court may direct; (c) without the sanction of the Court, not do anything whereby the property of the ward is encumbered or expenses are incurred; (d) be responsible for any loss occasioned to the property by his negligence or wilful omission of duties; (e) continue liable to account even after he has ceased to be manager.

Any guardian, manager or any other employee of the Court, shall be deemed to be a Government servant for the purposes of Chapter IX of the Indian Penal Code, 1860 and the word “Government” used in the definition of “legal remuneration” in section 161 of the said Code shall, for the purposes of this section, include the Court within its meaning.

The whole income from the property of any ward shall be expended on the following items, under the control of the Court. The charges in Class I shall have priority over all other charges and charges in Class II shall have priority over charges in Class III. CLASS I CHARGES: Charges necessary for the maintenance, residence, education, marriage and indispensable religious ceremonies of the ward and his family, and for the management and supervision of his property. Payment of land revenue, taxes and other Government demands due in respect of the ward’s property or any part thereof. CLASS II CHARGES: Rent and other demands due on account of any land in the possession of the ward and debts payable by the ward. Expenses necessary for pursuing cases in courts and departments or otherwise for the protection of ward’s interests. Charges for the maintenance of lands, buildings and other immovable property of the ward and upkeep of the furniture and other equipage or live-stock and movable property. CLASS III CHARGES: Under orders of the Court, payment of charges for the religious observances of the ward’s family or of other religious or charitable aids, allowances and donations befitting the position of the ward’s family. Prevention and relief of distress among the ward’s tenantry, improvement and benefit of the property of the ward generally.

Any surplus, remaining after applying the income of the ward’s property to the items specified in section 27 may, in consultation with the Finance Department, be utilised for the purchase of immovable property for the benefit of the ward, or be invested in the following securities :- (a) promissory notes debentures and stock of the Government or the Government of India; (b) bonds, debentures and annuities charged by the Imperial Parliament on the revenue of India or by the Government on the revenues of the State; (c) shares, debentures or stock in railways or other companies the interest whereon is guaranteed by the Government or the Government of India; (d) debentures or other securities for money issued under any law, by any authority established in the State of Telangana or in any part of India; (e) such other securities, stock and shares guaranteed by the Government or the Government of India or any State Government; (f) first mortgages of immovable property where the owner’s title thereto is not limited in time and which is situate in the State of Telangana or in any part of India.

30. The Court may generally, in respect of the whole property under its superintendence, or any part thereof, pass such order and do such act not inconsistent with the provisions of this Act or any other law for the time being in force, as may be necessary for the welfare of the ward and benefit of the property. The Court may, subject to the general power, sell or mortgage the whole or any part of any property, other than State grant under its superintendence, or may, at its discretion, lease out the whole or any part of such property for any term or may remit rent or other dues in respect of the property: Provided that where the property has been taken under superintendence under section 13, the immovable property shall not in any way be encumbered, given on lease for a term exceeding ten years, sold, mortgaged or exchanged, without the consent of the owner and the sanction of the Government and in other cases without the sanction of the Government.

31. The Court may, for the care and management of the ward and the property under its superintendence, and generally for carrying out the purposes of this Act, make necessary appointments and may defray the charges in proper proportion from the properties under its superintendence: Provided that in no case the charges for supervision and management shall exceed two annas per rupee on the gross income of the said estate.

32. The Court may summarily evict any person in possession of, or occupying in contravention of the provisions of this Act, any property under its superintendence. For this purpose the Court may exercise all the powers which a Collector has under section 157 of the Telangana Land Revenue Act, 1317 F.

33. The Court shall, in respect of rents, lease money or land revenue due in respect of the property under its superintendence, have the same powers possessed by a Collector for the recovery of land revenue under the Telangana Land Revenue Act, 1317 F.

34. No immovable property under the superintendence of the Court, shall be liable to auction or sale for the purpose of paying the arrears of land revenue. But if such property is auctioned or sold for any other reason, the arrears of land revenue shall first be paid from the proceeds of sale.

39. (1) The Collector shall, after making such inquiry as he deems fit, decide as to which claims notified to him or presented to him under section 36, are to be allowed in whole or in part and which are to be disallowed. On such decision being confirmed by the Court, the Collector shall give written notice of the same to the claimants.

(2) The Collector may, where he has admitted any claim or part thereof, make to the claimant a proposal in writing for the reduction of the claim or for the rate of interest to be paid in future or for both or for the terms of payment. If the claimant accepts such proposal in writing with or without modification, and such written acceptance is attested by the Collector himself or by any Revenue Officer, not below the rank of a Deputy or Assistant Collector, appointed by the Government by a general or special order for the purpose, it shall be binding upon the claimant.

(3) Subject to the provisions of sub-section (2) nothing contained in this section shall preclude any claimant from instituting or continuing any suit in a Civil Court in respect of any claim against a ward or his property, whether such claim is allowed or disallowed by the Court: Provided that where a suit is instituted, no decision made under this section, shall be used as against the defendant: Provided further that where the claimant has failed to notify his claim under section 36, no suit or proceeding in

(1) On the publication of a notification under section 35 the Court shall not proceed with the execution of a decree against the person or property of the ward, until a certificate to the effect that the decree-holder has acted in accordance with section 36 is produced or until the expiration of three months from the date of receipt by the Collector of a written application by the decree-holder, for such certificate, accompanied by a certified copy of the decree.

(2) Any person, holding a decree against the ward or his property, shall be entitled to receive from the Collector free of cost the certificate under sub-section (1). Such certificate shall be conclusive proof of the matters stated therein.

(3) In computing the period of limitation for the execution of the decree, proceedings in which have been stayed under sub-section (1), the time from the date of the notice or of the decree, if it was passed subsequently to the publication of the notice, to the date when the Collector's decision under section 39 is confirmed and notified shall be excluded.

Where any document which is in the possession or under the control of a claimant is not produced by him as required by section 36, such document shall not be admitted in evidence in any suit instituted by the claimant or his legal representative during the continuance of the superintendence of the Court or after it is withdrawn, in respect of any claim or liability founded upon such document or supported by it, unless the Court is satisfied that there was reasonable and sufficient cause for not producing such document before the Collector.

(1) When all the claims have been confirmed under section 39, the Collector shall submit to the Government through the Court, a schedule of the debts and liabilities of the ward, and the Government may, where the property appears to be involved in debts beyond any hope of extrication, or for any other sufficient cause, by order published in the Official Gazette direct that on a date to be specified, the superintendence of the property of the ward shall be withdrawn. From the said date,-

(a) the superintendence shall terminate,

(b) the possession of the property under superintendence shall be delivered to the owner thereof,

(c) the contracts entered into by the Court for the preservation and benefit of the property shall be binding upon the owner, and

(d) the claims referred to in sub-section (3) of section 35 shall revive.

(2) In computing the period of limitation, applicable to suit, in respect of claims, referred to in clause (d) of sub-section (1), the time during which the property has been under the superintendence of the Court, shall be excluded.

(1) Where any property of a ward is in the possession of any person who has been granted a lease by the ward and dated within the three years immediately preceding the commencement of superintendence of the Court, or of any representative of such lessee, the Collector may inquire into the sufficiency of the consideration for which the lease was granted; and if the Collector is of the opinion that the consideration is inadequate, he may, with the previous sanction of the Court, give notice in writing to the lessee that the lease shall determine at the end of the then current revenue year, unless the lessee or his representative pays or agrees to pay such additional consideration specified in such notice within the date therein fixed. If the such person fails to pay or to agree to pay the additional consideration agreed upon by the Collector, the lease shall determine at the end of the then current revenue year.

If the lessee or his representative is aggrieved by the said notice or the Collector, he may, within three months from the date of receipt of such notice, institute a suit against the ward, in a competent Court, for determining the following matters:-

(a) Whether the consideration for the lease was adequate;

(b) If the consideration is found to be inadequate, the consideration which would be reasonable.

(2) The Court, if satisfied that the lease was granted for adequate consideration, shall pass a declaratory decree.

(3) If the Court is of the opinion that the consideration is inadequate, it shall determine the amount of additional consideration.

(4) If no suit is instituted as aforesaid or after institution of a suit, the Court decrees an additional consideration, and the lessee does not, within a month from the date of the decree pay or enter into an agreement to pay the additional consideration, the Collector may, without resorting to a Court, enter upon the property, and may evict the lessee or any person resisting on his behalf.