The Gujarat Court of Wards Act, 1963

 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
 
 
 
 
 
Gujarat Act No. XXXVII of 1963 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The Gujarat Court of Wards Act, 1963 
 
 
 
 
 
 
 
 
 
 
 
(As modified up to the 31st May, 2012) 
 
 
 
 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
THE GUJARAT COURT OF WARDS ACT, 1963 
 
CONTENTS. 
PREAMBLE. 
 
SECTIONS. 
 
1. Short title and extent. 
 
2. Definitions. 
 
3. Collector to be Court of Wards. 
 
4. Assumption of superintendence by Court of Wards of property of disqualified 
person. 
 
5. Persons who are to be deemed disqualified in certain cases. 
 
6. Assumption of superintendence in case of undivided Hindu family. 
 
7. Assumption of superintendence by Court of Wards on application of property 
holder. 
 
8. Provisions for temporary custody and protection of property in certain cases. 
 
9. Assumption of superintendence by Court of Wards of person of disqualified 
property-holder in certain cases. 
 
10. Assumption of superintendence by Court of Wards where property -holder 
holds land in more than one jurisdiction. 
 
11. Assumption of superintendence to be notified and to extend to whole of 
Government ward's property. 
 
12. Publication of notice to claimants against Government ward. 
 
13. Power to require claimants to furnish full particulars and documents. 
 
14. Investigation and decision of claims. 
 
15. Execution of decrees to be stayed till certificate filed. 
 
16. Report to Commissioner. 
 
17. Delegation of powers by Court of Wards. 
 
18. Appointment of manager by Court of Wards. 
 
19. Liabilities, etc., of managers appointed by Court of Wards. 
 
20. Power of Court of Wards to appoint guardians of certain Government wards. 
 
21. General powers of Court of Wards. 
 
22. Custody and residence of certain Government wards. 
 
23. Allowance for Government ward, his family and dependents. 
 
24. Duties of Court of Wards or manager. 
 
25. Power of Court of Wards as to property of Government wards. 
 
26. Power of Court of Wards to evict. 
 
27. Recovery of arrears of rent as arrears of fond revenue. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
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SECTIONS. 
 
28. Property under superintendence not liable to sale for arrears. 
 
29. Power of Court of Wards to direct any property of Government ward to be 
exempt from process of Civil Court. 
 
30. Notice of suit. 
 
31. Manager or Court of Wards to be next friend or guardian in suit by or against 
Government wards. 
 
32. Payment of costs. 
 
33. Processes against Government ward to be served on next friend or guardian. 
 
34. Authority of Court of Wards required in case of suits brought on behalf of 
Government wards. 
 
35. Adjudication of civil disputes between two or more Government wards. 
 
36. Disabilities of Government ward. 
 
37. Consent of State Government necessary to wills made by Government wards. 
 
38. Procedure when succession to Government ward's property is disputed. 
 
39. Withdrawal of superintendence of Court of Wards. 
 
40. Withdrawal to be notified in Official Gazette. 
 
41. Appeals. 
 
42. Control of State Government. 
 
43. Power to compel attendance of witness. 
 
44. Bar of suits. 
 
45. Power of State Government to make rules. 
 
46. Repeals and savings. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
GUJARAT ACT NO. XXXVII OF 1663.1 
 
[THE GUJARAT COURT OF WARDS ACT, 1963.] 
 
[15th October, 1963.] 
Amended by Guj. 15 of 1964. 
 
An Act to establish a Court of Wards in the State of Gujarat. 
 
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :- 
 
1. (1) This Act may be called the Gujarat Court of Wards Act, 1963. 
 
(2) It shall extend to the whole of the State of Gujarat. 
 
2. In this Act, unless there is anything repugnant in the subject or context- 
 
(a) "Government ward" shall mean any person of whose property, or of 
whose person and property, the Court of Wards may, for the time being, have 
the superintendence under this Act; 
 
(b) "District Court" shall include the Court of an Assistant Judge invested 
under section 19 of the Bombay Civil Courts Act, 1869, with all the powers 
of a District Judge; 
 
(c) "Land Revenue Code" means— 
 
(a) in the Bombay and Saurashtra areas of the State of Gujarat, the 
Bombay Land Revenue Code, 1879, and 
 
(b) in the Kutch area of the State of Gujarat the said Code as applied 
to that area; and 
 
(d) "property-holder" means a person holding property whether as an owner 
or otherwise and includes a holder of land holding the land either as an 
occupant or a tenant of such land. 
 
Explanation.-In this clause "person" or "holder" means a person who 
has attained the age of majority according to the Indian Majority Act, 1875 
but where property or land is held by an undivided Hindu family or by two or 
more persons jointly, it is sufficient, if at least one of the members of such 
family or one of such joint holders has attained the age of majority according 
to the said Act. 
 
3. Subject to the provisions of section 10, the Collector shall be the Court of Wards 
for the limits of his district: 
 
Provided that the State Government may, if it thinks fit, by notification in the 
Official Gazette- 
 
(a) appoint a special officer to be the Court of Wards for a division; 
 
(b) constitut e a Board consisting of two or more officers to be the 
Court of Wards for a division; or 
 
(c) appoint any other officer or officers to be a Court of Wards for any 
part of the State of Gujarat and direct that such part shall thereupon be 
excluded from the j urisdiction of the Court of Wards of any division 
in which it lies wholly or partly. 
 
 
 
 
 
 
Short title and 
extent. 
Definitions. 
XIV of 1869. 
IX of 1875. . 
Collector to be 
Court of Wards. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
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4. (1) The Court of Wards may, with the previous sanction of the State 
Government, assume the superintendence of the property of any property -
holder holding property within the local limits of its jurisdiction who is 
disqualified to manage his own property (hereinafter in this section referred to 
as "the disqualified person"). 
 
(2) The previous sanction referred to in sub -section (1) shall be given only 
where the State Government is of opinion that it is expedient in the public 
interest to preserve the property of the disqualified person for the benefit of 
his family and that the said property is of such value that economical 
management by the Court of Wards is practicable. 
 
(3) No sanction given under sub -section (1) shall be called in question in any 
Court. 
 
5. (1) For the purposes of section 4, a person shall be deemed to be disqualified 
to manage his own property if- 
 
(a) such person being a female is declared by the District Court, on 
the application of the Collector and after such judicial inquiry as it 
thinks necessary, to be unfitted to manage her own property; 
 
(b) such person is declared by the District Court, on the like 
application and after like inquiry, to be incapable of managing or 
unfitted to manage, his own property owing to- 
 
(i) any physical or mental defect or infirmity, or 
 
(ii) such habits as cause, or are likely to cause injury to his 
property; or 
 
(c) such person is adjudged by a competent Civil Court to be of 
unsound mind and incapable of managing his affairs. 
 
(2) No appeal shall lie from any d eclaration under clauses (a) and (b) of sub-
section (1). 
 
6. (1) The Court of Wards shall not assume under sub -section (1) of section 4, 
the superintendence of the property of any undivided Hindu family, except 
where all the co -sharers are disqualified under sub -section (1) of section 5 or 
where all the co -sharers other than those who are disqualified under sub - 
section (1) of  section 5 agree to the Court of Wards assuming such 
superintendence. 
 
(2) Where two or more property -holders are co-sharers otherwise than as co -
sharers in on undivided Hindu family and one of such co -sharers is 
disqualified under sub -section (1) of secti on 5, the Court, of Wards may 
assume the superintendence of the undivided share of such disqualified 
property-holder or may obtain partition on behalf of the disqualified property-
holder by suit or otherwise, and assume the superintendence of the property 
allotted to such property-holder in the partition. 
 
7. (1) Any property -holder may apply in writing to the State Government to 
have his property placed under the superintend ence of the Court of Wards, 
and the State Government may on such application, where it is of opinion that 
it is expedient in the public interest to preserve the property of such holder for 
the benefit of his family and that the said property is of such val ue that 
economical management by the Court of Wards is practicable, order the 
Court of Wards to assume the superintendence of the property. 
 
(2) Any co -sharer of property, other than a co -sharer in an undivided Hindu 
family, may make an application und er sub-section (I) in respect of his own 
share in such property. 
 
 
Assumption of 
superintendence by 
Court of Wards of 
property of 
disqualified person. 
Persons who are to 
be deemed 
disqualified in 
certain cases. 
Assumption of 
superintendence in 
case of un- divided 
Hindu family. 
Assumption of 
superintendence by 
Court of Wards on 
application of 
property holder. 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
(3) In every case where property is hold by co -sharers, whether as co -sharers 
in an undivided Hindu family or otherwise, an application signed by co -
sharers holding an aggregate interest of not less than three -fourths of the 
whole property shall, for the purposes of sub -section (1), be deemed to be an 
application by a property-holder in respect of the whole property : 
 
Provided that- 
 
(i) no order shall be made on any such application under s ub-
section (1) where it appears to the State Government doubtful 
whether the aggregate interest of the co -sharers signing the 
application amounts to not less than three-fourths of the whole 
property; and 
 
(ii) nothing in this Act shall be deemed to prevent  any co -
sharer other than those signing any such application from 
obtaining partition of his share, whether by suit or otherwise. 
 
(4) An order made under sub -section (1) shall be sufficient to authorise the 
Court of Wards to assume the superintendence of the property referred to 
there- in, and no such order shall be called in question in any Court. 
 
8. (1) Whenever the Collector receives information that any property -holder is 
or should be, disqualified under sub -section (1) of section 5, he may apply to 
the District Court and the District Court may authorise the Court of Wards to 
take such steps and make such order for the temporary custody and protection 
of the property as the Court of Wards thinks fit. 
 
(2) Whenever the Court of Wards is authorised to proceed under sub -section 
(1) it shall forthwith report its action for the information of the State 
Government. 
 
(3) No appeal shall lie from any order of authorisation under sub-section (1). 
 
9. Where the Court of Wards assumes the superintendence of the property of any 
property-holder disqualified under clause (c) of sub -section (1) of section 5, it may, 
with the previous sanction of the State Government, assume the superintendence of 
his person also: 
 
Provided that nothing in this section shall authorise the Court of Wards to 
assume the superintendence of the person of a female who is married and is not living 
separately from her husband. 
 
10. Where a disqualified property -holder or a property -holder who has been  made a 
Government ward in pursuance of an order under sub -section (1) of section 7, holds 
property within the territorial jurisdiction of two or more Courts of Wards such one 
only of the Courts of Wards as the 2 [State Government] may determine in this behalf 
shall assume the superintendence of the property, or of the person and property, of the 
property-holder. 
 
11. (1) Whenever the Court of Wards assumes the superintendence of the 
property of any property -holder under this Act, the fact of such assumption 
and the date on which it was sanctioned by the State Government shall be 
notified in the Official Gazette and in such  other manner as the State 
Government may, by general or special order, direct. 
 
(2) On and with effect from the date of such sanction, the whole of the 
property, movable and immovable, of such property -holder whether the 
existence of any such property is known to the Court of Wards or not, shall be 
deemed to be under the superintendence of the Court of Wards. 
 
(3) Any property which the Government ward may inherit or acquire by 
succession subsequently to the date of such sanction shall also be deemed to 
be under the superintendence of the Court of Wards. 
 
Provisions for 
temporary custody 
and protection of 
property in certain 
cases. 
Assumption of 
superintendence by 
Court of Wars de of 
person of 
disqualified 
property- holder in 
certain cases. 
Assumption of 
superintendence by 
Court of Wards 
where property-
holder holds land in 
more than one 
jurisdiction. 
Assumption of 
superintendence to 
be notified and to 
extend to whole of 
Government ward's 
property. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
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(4) The Court of Wards may, in its discretion, assume, or refrain from 
assuming, the superintendence of any property which the Government ward 
may acquire otherwise than by inheritance or succession subseq uently to the 
date of such notification. 
 
12. (1) On the issue of a notification under sub -section (1) of section 11, the 
Court of Wards shall publish in the Official Gazette and in such other manner 
as the State Government may, by general or special order, direct a notice, in 
English and also in Gujarati, calling upon all persons having claims against 
the Government ward or his property to submit the same in writing to it 
within six months from the date of the publication of the notice. 
 
(2) Where the Court of Wards is satisfied that any claimant was unable to 
comply with the notice published under sub -section (1), it may allow his 
claim to be submitted at any time after the date of the expiry of t he period 
fixed therein; but any such claim shall, notwithstanding any law, contract, 
decree or award to the contrary, cease to carry interest from the date of the 
expiry of such period until submission. 
 
(3) Every claim against the Government ward or his property (other than a 
claim on the part of the Government) not submitted to the Court of Wards in 
compliance with the notice published under sub -section (1), or allowed to be 
submitted under sub -section (2), shall, save in the cases provided f or by 
clause (c) of sub-section (2) of section 16, and by sections 6 and 13 of the 
Indian Limitation Act, 1908, be deemed for all purposes and on all occasions, 
whether during the continuance of the superintendence or afterwards, to have 
been duly discharg ed, unless, in any suit or proceeding instituted by the 
claimant, or by any person claiming under him, in respect of any such claim, 
it is proved to the satisfaction of the Court that he was unable to comply with 
the notice published under sub-section (1). 
 
13. (1) The Court of Wards may by written order require that any claim - ant 
submitting his claim shall within such reasonable time as it may prescribe in 
such order, furnish full parti culars thereof, and produce all documents 
(including entries in books of account) on which he relies to support his 
claim, together with a true copy of every such document : 
 
Provided that, where the claim relates to an amount secured by a 
decree or award,  it shall be sufficient for the claimant to produce before the 
Court of Wards, a certified copy of the decree and a certificate from the Court 
which passed or is executing the same declaring the amount recoverable 
thereunder or a true copy of the award and  statement of the sum recoverable 
thereunder, as the case may be; and where the claim is pending adjudication 
in any Court or has been referred to arbitration, it shall be sufficient for the 
claimant to pro - duce a certified copy of the plaint, or a true c opy of the 
reference to arbitration, as the case may be. 
 
(2) The Court of Wards shall, after marking for the purpose of identification, 
every original document so produced and verifying the correctness of the 
copy, retain the copy and return the original to the claimant. 
 
(3) Where any document, which is in the possession or under the control of a 
claimant, is not produced by him in accordance with an order under sub - 
section (1), the document shall not be admissible in evidence against the 
Government ward, whether during the continuance of the superintendence or 
after- wards, in any suit brought- by such claimant, or by any person claiming 
under him, in respect of any claim to which such document relates, unless it is 
proved to the satisfaction of the Cour t that he was unable to produce such 
document as required by such order. 
 
14. (1) On receipt of all claims submitted in compliance with the provisions of 
sections 12 and 13, the Court of Wards shall proceed to investig ate a such 
claims and shall decide, subject to the provisions of sub -section (3), which of 
them are to be wholly or partly admitted or wholly or partly rejected, as the 
case may be, and shall communicate its decision in writing to each claim - ant 
Publication of 
notice to claimants 
against Government 
ward. 
IX of 1908. 
Power to require 
claimants to furnish 
full particulars and 
documents. 
Investigation and 
decision of claims. 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
concerned. 
 
(2) Where the Court of Wards has admitted any claim under sub -section (1), 
it may make to the claimant a proposal in writing for the reduction of the 
claim or of the rate of interest to be paid in future, or of both; and if such 
proposal or any modifica tion of it, is accepted by the claimant, and his 
acceptance is finally recorded and attested by the Court of Wards or by any 
Revenue Officer not below the rank of an Assistant or Deputy Collector 
whom the 3[State Government] may, by general or special orde r, appoint in 
this behalf, it shall be conclusively binding upon the claimant: 
 
Provided that, if any portion of the claim reduced as aforesaid is 
unsatisfied, at the time when the superintendence of the property by the Court 
of Wards is withdrawn the claimant shall be entitled to recover a sum bearing 
the same proportion to the original claim admitted under sub -section (1) as 
the unsatisfied portion bears to the reduced claim. 
 
(3) Subject to the provisions of sub -section (2), nothing in this section shall  
be construed to bar the institution of a suit in a Civil Court for the recovery of 
a claim against a Government ward or his property which has been duly 
submitted to the Court of Wards : 
 
Provided that no decision of the Court of Wards under this section 
shall be proved in any such suit as against the defendant. 
 
15. (1) On the publication of a notice under sub -section (1) of section 12 no 
proceeding in execution of any decree against the Government  ward or his 
property shall be instituted or continued until the decree holder files a 
certificate from the Court of Wards that the decree claim has been duly 
submitted or until the expiration of one month from the date of receipt by the 
Court of Wards of a written application for such certificate, accompanied by a 
certified copy of a decree. 
 
(2) Any person holding a decree against the Government ward or his property 
shall be entitled to receive from the Court of Wards, free of cost, the 
certificate required by sub-section (1). 
 
(3) In computing the period of limitation prescribed by the Indian Limitation 
Act, 1908, or by section 48 of the Code of Civil Procedure, 1908, for any 
application for the execution of a decree, proceedings in which have been 
stayed or temporarily barred b y reason of the claim not having been duly 
submitted, the time from the date of the notice published under sub -section 
(1) of section 12 or of the decree if it was passed subsequently to the 
publication of the notice, to the date of due submission shall be excluded. 
 
 
16. (1) When all claims have been investigated under section 14, the Court of 
Wards shall submit to the 1[State Government] a schedule of the debts and 
liabilities of the Government ward, and the 1[St ate Government] may, where 
the property appears to be involved beyond all hope of extrication, or for any 
other sufficient reason, by order published in the Official Gazette, direct that 
on a date to be fixed by the order, the superintendence of the proper ty, or of 
the person and property, of the Government ward by the Court of Wards shall 
be withdrawn. 
 
(2) On the date so fixed— 
 
(a) the superintendence shall terminate; 
 
(b) the owner of the property under superintendence shall be restored 
to the possession thereof, subject to any contracts entered into by the 
Court of Wards for the preservation or benefit of such property; and 
 
(c) the claims referred to in sub-section (3) of section 12 shall revive. 
 
Execution of 
decrees to be stayed 
till certificate filed. 
IX of 1908. 
V of 1908. 
Report to [State 
Government]. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
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(3) In calculating the periods of limitation a pplicable to suits to recover and 
enforce claims revived under clause (c) of sub -section (2), the time during 
which such superintendence has continued shall be excluded. 
 
17. (1) Where the Collector is not the Court of Wards, with the general or special 
sanction of the 4[State Government] the Court of Wards may, from time to 
time, delegate all or any of its powers to the Collector of any district in which 
any part of the property of a Government ward is situated, or t o any other 
officer not below the rank of an Assistant or Deputy Collector whom it may 
appoint in this behalf, and may, at any time, with the like sanction, revoke 
such delegation. 
 
(2) Where the Collector is not the Court of Wards, subject to any general or 
special orders of the 4[State Government], the Court of Wards may exercise 
all or any of the powers conferred on it by this Act through the Collector of 
any district in which any part of the property of a Government ward is 
situated, or through any othe r officer not below the rank of an Assistant or 
Deputy Col- lector whom it may appoint in this behalf, and, subject to the like 
orders, any such Collector or Assistant or Deputy Collector may, exercise, all 
or any of the powers delegated to him under this Act through any Revenue 
Officer subordinate to him not below the rank of a Mahalkari. 
 
(3) Where the Collector is the Court of Wards, subject to any general or 
special orders of the 1[State Government], the Court of Wards may exercise 
all or any of the pow ers under this Act through an Assistant or Deputy 
Collector whom it may appoint in this behalf and subject to the like orders, 
any such Assistant or Deputy Collector may exercise all or any of the powers 
delegated to him under this Act through any Revenue -Officer subordinate to 
him not below the rank of a Mahalkari. 
 
18. The Court of Wards may appoint a manager of the property of any Government 
ward under its superintendence. 
 
19. (1) Every manager appointed by the Court of Wards shall- 
 
(a) give such security, with such sureties (if any) as the Court of 
Wards thinks fit for the due discharge of the trusts of his office, and 
for the due account of all propert y and moneys which come into his 
control or possession by reason of his office; 
 
(b) be entitled to such allowance as the Court of Wards thinks fit for 
his care and pains in the execution of his duties; and 
 
(c) be responsible for any loss occasioned to th e property under his 
management by his wilful default or gross negligence; and every such 
loss shall be recoverable from him and from his sureties (if any) as an 
arrear of land revenue. 
 
(2) Every manager or other servant of the Court of Wards  shall be deemed to 
be a "public servant" within the meaning of Chapter IX of the Indian Penal 
Code; and in the definition of "legal remuneration" contained in section 161 
of the said Code, the word "Government" shall, for the purposes of this sub -
section, be deemed to include the Court of Wards. 
 
20. (1) The Court of Wards may appoint guardians for the care of the persons of 
Government wards whose persons are, for the time being, und er its 
superintendence. 
 
(2) In appointing a guardian under this section, the Court of Wards shall be 
guided by the provisions of the Guardians and Wards Act, 1890. 
 
21. Subject to the provisions of this Act and of any rules thereunder, the Court of 
Wards- 
(a) may, of itself or through the manager (if any) appointed by it under this 
Act, do all such things requisite for the proper care and management of any 
Delegation of 
powers by Court of 
Wards. 
Appointment of 
manager by Court 
of Wards. 
Liabilities, etc. of 
managers appointed 
by Court of Wards. 
XLV of 1860. 
Power of Court of 
Wards to appoint 
guardians of certain 
Government wards. 
VIII of 1890. 
General powers of 
Court of Wards. 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
property of which it assumes the superintendence tinder this Act, as the owner 
of the property, if it was not under the superintendence of the Court of Wards, 
might do for its proper care and management ; and 
 
(b) may, of itself or through the guardian (if any) appointed by it under this 
Act, do, in respect of the person of any Government ward whose person is, 
for the time being, under its superintendence, all such things as may law - 
fully be done by a guardian. 
 
22. The Court of Wards may pass such orders as it thinks fit in respect of the custody 
and residence of any Government ward whose person is, for the time being, under its 
superintendence. 
 
23. The Court of Wards may, from time to time, determin e what sums shall be 
allowed in respect of the expenses of any Government ward and of his family and 
dependents. 
 
24. The Court of Wards, or the manager (if any ) appointed by it under this Act, shall 
manage the propert y of every Government ward under its superintendence or under 
his management diligently and faithfully for the benefit of the Government ward, and 
shall in every respect act to the best of its or his judgment for the Government ward's 
interest as if the property were its or his own. 
 
25. The Court of Wards may sell, exchange, mortgage, charge or let the property of a 
Government ward, and may do all such things as it may judge to be best for the 
benefit of the property and the advantage of the Government ward: 
 
Provided that- 
(a) the previous sanction of the 5[ State Government ] shall be 
required to any sale, exchange or mortgage of, or charge on, 
immovable property and to any lease of such property  a term 
exceeding ten years, and 
 
(b) where one-third of the immovable property of a Government ward 
has been sold or exchanged no further sale or exchange shall be made. 
 
26. The Court of Wards may summarily evict in the manner specified in section 202 
of the Land Revenue Code, any person, occupying or in possession of, any 
immovable property under its superintendence, to the use and occupation of which he 
has ceased to be entitled under any of the provisions of that Code, or which he uses or 
occupies in contravention of any of the provisions of this Act. 
 
27. For the purpose of the recovery of rents, profits and other sums due in respect of 
property under the superint endence of the Court of Wards (whether such arrears 
become due before or after the assumption of such superintendence) the Court of 
Wards shall have all the powers possessed by a Collector under the law for the time 
being in force for the recovery of land revenue due to Government, including the 
power conferred by section 176 of the Land Revenue Code. 
 
28. No immovable property under the superintendence of the Court of Wards shall be 
liable to sale on account of arrears of land revenue : 
 
Provided that all such arrears of land revenue shall be the first charge upon 
the sale-proceeds of any such property which may be sold for any other cause than 
for arrears of land revenue. 
 
29. (1) Whenever it shall appear to the Court of Wards that by virtue of or in 
execution of a decree or order of a Civil Court, the property of a Government 
ward under i ts superintendence is or is likely to be insufficient for the 
payment of the expenses- 
 
(a) of the management of the property of the said ward under this Act, 
or 
 
(b) of the said ward, his family and dependents, allowed under section 
23, the Court of Wards  may issue a certificate in writing to the Civil 
Custody and 
residence of certain 
Government wards. 
Allowance for 
Government ward, 
his family and 
dependents. 
Duties of Court of 
wards or manager. 
Power of Court of 
Wards as to 
property of 
Government wards. 
Power of Court of 
Wards to evict. 
Recovery of arrears 
of rent as arrears of 
land revenue. 
Property under 
superintendence not 
liable to sale for 
arrears. 
Power of Court of 
Wards to direct any 
property of 
Government ward 
to be exempt from 
process of Civil 
Court. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
11 of 15 
Court executing the said decree or order directing that the said 
property shall, for such period as the Court of Wards may from time 
to time deem expedient, be exempt from any attachment, sale, transfer 
or other process by a Civil Court. 
 
(2) Upon the receipt of such certificate the Civil Court executing the decree or 
order against the Government ward shall, notwithstanding anything contained 
in section 15 or any other law for the time being in force, remove any 
attachment or other process pending against the property specified in the 
certificate and shall set aside any order of sale or transfer of the said property 
and there- upon the said property shall be exempt from any attachment, sale, 
transfer or other process by a Civil Court for the period specified in the said 
certificate and during the said period the execution of such decree or order 
shall, so far as it affects the said property for the purposes of section 15 of the 
Indian Limitation Act, 1908, be deemed to have been stayed : 
 
Provided that if the superintendence of the Court of Wards of the 
property of the said Government ward terminates under section 16 or is 
withdrawn under section 39, the exemption granted under this section shall, 
with effect from the date of such termination or withdrawal, cease to be in 
operation. 
 
30. No suit relating to the person or property of any Government ward shall be 
brought in any Civil Court until the expiration of two months after notice in writing 
stating the name and place of abode of the intending plaintiff, the cause of action and 
the relief claimed, has been delivered to, or left at the office of, the Court of Wards; 
and the plaint shall contain a statement that such notice has been so delivered or left: 
 
Provided that notice under this section shall not be required in the case of any 
suit the period of limitation for which will expire within three months from the date 
of a notification issued under sub section (1) of section 11. 
 
31. Subject to the provisions of the Code of Civil Procedure, 1908, in every suit 
brought by or against a Government ward, the manager of the Government ward's 
property, or, where there is no manager, the Court of Wards having the 
superintendence of the Government ward's property, shall be named as the next friend 
or guardian for the suit, as the case may be. 
 
32. Where, in any suit brought by or against a Government ward, any Civil Court 
decrees any costs against the Government ward's next friend or guardian for the suit, 
the Court of Wards shall cause the costs to be paid out of any property of the 
Government ward which may, for the time being, be in its hands. 
 
33. Every process which may be issued out of any Civil or Revenue Court against 
any Government ward shall be served on the Government ward's next frie nd or 
guardian for the suit. 
 
34. No suit shall be brought, and no appeal in any suit shall be preferred by any 
guardian or manager appointed by the Court of War ds on behalf of any Government 
ward unless it is authorised by an order in writing of the Court of Wards : 
 
Provided that a manager may authorize a plaint or a memorandum of appeal 
to be filed in order to prevent a suit or appeal from being barred by the l aw of 
limitation, but the suit or appeal shall not afterwards be proceeded with except with 
the sanction of the Court of Wards. 
 
35. (1) Where any question arises as between two or more Government, wards of 
such a nature that an adjudication upon it by a Civil Court is expedient, it 
shall be lawful for the Court of Wards, acting through the Collector of the 
district in which a case might have been stated for the opinion of the  Civil 
Court with regard to such matter under rule 1 of Order XXXVI of the Code of 
Civil Procedure, 1908 to file in the Civil Court having jurisdiction a statement 
containing the point or points for determination. 
 
IX of 1908. 
Notice of suit. 
Manager or Court 
of Wards to be next 
friend or guardian 
in suit by or against 
Government wards. 
V of 1908. 
Payment of costs. 
Processes against 
Government ward 
to be served on next 
friend or guardian. 
Authority of Court 
of Wards required 
in case of suits 
brought on be- half 
of Government 
wards. 
Adjudication of 
civil disputes 
between two or 
more Government 
wards. 
V of 1908. 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
(2) When such statement has been filed, the Court shall appoint a guardian for 
the suit for each ward having a separate interest, and such guardians shall 
thereupon conduct the case subject to the general control of the Court of 
Wards. 
 
(3) The Court may, if it thinks fit, amend the case so stated and shall then 
proceed to hear and dispose of the case in the manner provided in Chapter 
XXXVIII of the Code of Civil Procedure, 1908 for the hearing and disposal 
of cases stated for opinion under that Chapter. 
 
36. (1) Except with the approval of the Court of Wards, a Government ward shall 
be incompetent to transfer or create any charge on, or interest in, his property 
or any part thereof (except such interest as may be created by a will made in 
accordance with section 37 ), or to enter into any contract which may involve 
him in pecuniary liability ; and no suit shall be brought in any Civil Court 
where- by to charge any person upon any promise made after he has ceased to 
be a Government ward, to pay any debt, contracted during the period when he 
was a Government ward or upon any ratification made after he has ceased to 
be, a Government ward of any promise or contract made during the period 
aforesaid, whether there is or is not any new consideration for such pr omise 
or ratification 
 
(2) Nothing in this section shall be deemed to affect the capacity of a 
Government ward to enter into a contract of marriage : 
 
Provided that a Government ward shall not incur, in connection with 
such a contract, any pecuniary liabil ity, 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. 
 
37. No will made by a Government ward shall be valid without the consent of the 
State Government obtained, either previously or subsequently to the making of the 
will, on application made to it through the Court of Wards : 
 
Provided that consent shall not be with held unless it appears to the State 
Government that the will is contrary to the personal or special law applicable to the 
ward, or that it is likely to cause considerable pecuniary embarrassment to the 
property, or to lower considerably the influence or re spectability of the family in 
public estimation. 
 
38. Where on the death of any Government ward the succession to his property or any 
part thereof is disputed the Court of Wards may, with  the sanction of the State 
Government, either retain the superintendence of the property until one of the 
claimants has established his claim to the same in a competent Civil Court, or 
institute a suit of interpleader against all the claimants. 
 
39. (1) Where superintendence has been assumed in pursuance of an order under 
sub-section (1) of section 7, the Court of Wards shall withdraw such 
superintendence as soon as, in the opinion of the State Government, th e 
property is free from embarrassment. 
 
(2) The Court of Wards may, with the sanction of the State Government, at 
any time withdraw its superintendence from the person or property, or both, 
of a Government ward, and shall withdraw its superintendence as soon as, in 
the opinion of the District Court, certified to the Court of Wards, 
 
(a) in the case of a female disqualified under clause (a) of sub -section 
(1) of section 5, she is fit to manage her own property ; 
 
(b) in the case of a person disqualified un der clause ( b) of the said 
sub-section, he is fit to manage his own property ; 
 
(c) in the case of a person disqualified under clause (c) of the said 
sub-section, he ceases to be of unsound mind and incapable of 
managing his affairs ; and 
V of 1908. 
Disabilities of 
Government ward. 
Consent of State 
Government 
necessary to wills 
made by 
Government wards. 
Procedure when 
succession to 
Government ward's 
property is 
disputed. 
Withdrawal of 
superintendence of 
Court of Wards. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
13 of 15 
 
(d) where it was  assumed under sub -section (1) of section 4, in the 
case of a family which was undivided according to Hindu law, any 
co-sharer ceases to be disqualified under sub-section (1) of section 5 : 
 
Provided that - 
 
(i) where a Government ward dies or ceases to be  disqualified 
and his property is still encumbered with debts and liabilities, 
the Court of Wards may, with the sanction of the State 
Government, retain the said property under its 
superintendence until such debts and liabilities, have been 
discharged ; and 
 
(ii) in the case of property -holders who are co -sharers in an 
undivided Hindu family where one or more of the proprietors 
of a property remain disqualified although another or others 
have ceased to be disqualified, the Court of Wards may, with 
the sanction of the State Government, retain the whole of the 
property under its superintendence, paying any proprietor who 
has ceased to be disqualified from surplus income such 
portion as shall be proportionate to his interest in the estate : 
 
Provided further th at, where the Court of Wards 
withdraws its superintendence, such withdrawal shall not 
affect any contract entered into by the Court of Wards in the 
lawful exercise of its powers : and 
 
Provided also that — 
 
(a) no person who has once been declared disqualified 
 under clause (a) or (b) of sub -section (1) of 
section 5, and 
 
(b) except  in the case of any co -sharer other than 
those signing an application described in sub -section 
(2) of section 7, no property -holder who has been 
made a Government ward in pursuance of an order 
under sub-section (1) of section 7, shall be competent, 
on the withdrawal of such superintendence, to transfer 
or create any charge on or interest in his property or 
any part there of for a p eriod beyond the term of his 
natural life, except with the previous sanction of the 
Collector. 
 
(3) No appeal shall lie from any opinion certified under sub-section (2). 
 
40. Where the Court of Wards withdraws its superintendence from any person or 
property under this Act, the fact of such withdrawal shall be notified in the Official 
Gazette and in such other manner as the State Government may, by general or special 
order, direct. 
 
41. (1) An appeal shall lie from every order, other than an order of the - District 
Court, passed under this Act, whether original or on appeal, 
 
(a) where the order is that of 6 [ * * * ] any special or other officer 
appointed or Board c onstituted, under the proviso to section 3, to the 
State Government ; 
 
(b) where the order is that of a Collector, to the 7[ State Government ], 
or where any such officer or Board has jurisdiction, to such Officer or 
Board ; and 
 
(c) in all other cases, to the Collector : 
 
Withdrawal to be 
notified in Official 
Gazette. 
Appeals. 
[1963 : Guj. XXXVII    Gujarat Court of Wards Act, 1963 
 
Provided that where any such officer or Board has been 
appointed to be Court of Wards and the order has been passed by any 
officer subordinate to such Court of Wards for the purposes of this 
Act, the State Government may direct that appeal shall lie to such 
officer or Board. 
 
(2) The provisions of sections 205 to 210 (both inclusive ) of the Land Re - 
venue Code shall apply to all such appeals. 
 
42. All orders or proceedings under this Act, other than order s or proceedings of the 
District Court, shall be subject to the supervision and control of 8[ ***] the State 
Government and 8[* * ] the State Government may, if 9[ * * ] it thinks fit, revise, 
modify, or reverse any such order or proceeding, whether an app eal is presented 
against any such order or proceeding or not. 
 
43. For the purposes of this Act, the Court of Wards may summon and enforce the 
attendance of witnesses and compel them to give evidence, and co mpel the 
production of documents, by the same means and, as far as possible, in the same 
manner, as is provided in the case of a Civil Court by the Code of Civil Procedure, 
1908. 
 
44. No suit shall be brought in any Civil Court in respect of the exercise of any 
discretion conferred by this Act, or against the Court of Wards or any public servant 
or person duly appointed or authorised under this Act in respect of anything in good 
faith done or purporting to be done under the provisions thereof or the rules made 
thereunder : 
 
Provided that any person evicted under section 26 may sue for restitution; and 
 
Provided further that any tenant from whom an arrear of rent has been 
recovered under section 27 may sue for recovery of the amount, or any part  
thereof, 80 recovered. 
 
45. (1) The State Government may, by notification published in the Official 
Gazette, make rules to carry out the purposes and objects of this Act. 
 
(2) In particular and without prejudice to  the generality of the foregoing 
power, such rules may ; 
 
(a) prescribe the matters to which regard should be had in appointing 
or removing guardians and managers, and in fixing their remuneration 
; 
 
(b) regulate the form, conditions and amount of security,  and the 
number of sureties (if any), to be given by managers ; 
 
(c) prescribe the cases in which proposals or arrangements connected 
with the administration of the properties of Government wards shall 
be reported for the sanction of the State Government; 
 
(d) prescribe the accounts and other returns, and the form and other 
particulars thereof, which shall be rendered to the Court of Wards and 
by the Court of Wards to the State Government ; 
 
(e) regulate the custody of securities and title deeds belonging t o the 
estate or property of a Government ward ; 
 
(f) regulate the procedure in inquiries by, and in appeals from orders 
of the Court of Wards ; 
 
(g) prescribe the mode in which powers delegated to managers are to 
be notified for the information of persons concerned ; 
 
(h) prescribe the mode in which any expenses incurred by the Court 
of Wards or the Collector under any power conferred by this Act may 
Control of State 
Government. 
V of 1908 
Power to compel 
attendance of 
witness. 
Bar of suits. 
Power of State 
Government to 
make rules. 
1963 : Guj. XXXVII ]    Gujarat Court of Wards Act, 1963 
 
 
 
15 of 15 
be re- covered ; and 
 
(i) generally prescribe the manner in which the powers and duties of 
the Court of Wards under this Act shall be exercised and performed. 
 
(3) The power to make rules conferred by this section shall be subject to the 
condition of the rules being made after previous publication. 
 
(4) All rules made under this section shall be laid for not less than thirty days 
before the State Legislature as soon as possible af

Excerpt shown. Open the full act in Lexace.

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