LexThe Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967)
Kerala · state statute
Open in Lexace · Ask the AI about this act112
THE KERALA COURT OF WARDS ACT, 1967
(Presidents Act No. 3 of 1967)
Preamble.
Sections
CoNTENTs
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Act not to affect power of High Court over infants, idiots and
lunatics.
3. Definitions.
CHAPTER II
The Court of Wards
4. Court ofWards.
5. Control of Government.
6. Power of court to regulate procedure.
7. Power of court how exercised.
CHAPTER III
Assumption of Superintendence of Persons and Property
8. Disqualification.
9. Immediate protection of disqualified heirs.
10. Recovery of expenditure.
11. Report by Collector.
12. Proprietor to be given opportunity to be heard and to adduce
evidence.
13. Report by court.
14. Government may declare proprietor disqualified and direct
court to assume superintendence.
15. Proprietor not to be declared disqualified under section 8 (c)
unless on ground of public interest.
16. Provision to meet cases of undivided Hindu family, Maru
. makkathayam tarwad, etc.
17. Application by proprietor himself.
18. Notification of assumption of superintendence.
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CHAPTER IV
Management and Guardianship
19. Collector to take charge of ward's p1·operty.
20. Powers of Collector.
21. Allowances for ward and family.
22. Custody, residence, education and marriage of ward or minor
relatives.
23. Appointment, etc., of managers and guardiam.
24. Collector to act if there are no managers or guardians.
25. Who may and may not be guardians,
26. Duties of guardians,
27. Powers of manager.
28. Dutiesofmanager.
29. Employees of court deemed to be public servant,,
30. Manager and other servants to he deemed to be public
accountants.
31. Regulation of expenditure.
32. Surplus how to be dealt with.
33. Disabilities of wards.
34. Powers of court as to property under its superintendence.
35. Establishments and distribution of charges.
CHAPTER V
Ascertainment and S!ettlement of Debts
36. Notice calling upon claimants to notify claim!,
37. Claimants to furnish full particulars and documents.
38. Pecumary claim of Government, etc , not affected.
39. Claims admitted and disallowed .
40. Claims not notified cease to carry interest, etc.
41. Inadmissibility in evidence of documente not produced.
42. When mortgagee in posseSSion may be dispossessed.
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CHAPTER VI
Suits
43. Protection of action taken in good faith.
44. Suit not to be instituted until after notice to Collector.
45. Suit or proceeding by or agamst ward.
46. Costs against manager how paid.
47. Suits must be authorised by court.
48. Adjudication of civil disputes between two or more wards.
CHAPTER VII
Release of Persons and Property from Superintendence
49. Release from superintendence.
50. Release of estate taken under management under section 17
when debts cannot be liquidated Within reasonable time.
51. When estate taken under management under section 17 may
be made over to proprietor,
52. OptiOn to retain superintendence in certain cases.
53. Disabilities of proprietor in such cases.
54. Appointment of guardian before release.
55. Recovery of expenses after release.
56. Procedure when succession to ward's property is disputed.
57. Not tficatJon of release from superintendence.
CHAPTER Vlll
Miscellaneous
58. Po\\er of cou1 t in regard to religious endowment of which
Vvai d is hereditary trustee or manager.
59. Po~~ers of persons holdmg inqUiries.
60. Propcrtr under charge of court not liable to sale for arreq.rs.
61. Power to make rules.
CHAPTER IX
Penaltie,s
62. Abetting unsanctioned marr1age of wards, etc.
CHAPTER X
• Repeal
63. Repeal.
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THE KERALA COURT OF WARDS ACT, 196?*
(No. 3 of 1967)
ENACTED BY THE PRESIDENT IN TilE. E!OIITP.t.NTH YEAR
OF TilE REPUBLIC OP INDIA.
Atz Act to consoltdatt and amend tht law ttlnting to Court of Wards.
In exercise of the powers conferred by section 3 of the Kerala State
Leg1slature (Delegation of Powers) Act, 1965 (12 of 1965), the President
IS pleased to enact as follows:-
CHAPTER I
Preliminary
I. ~hart tztle, extctll and commmcrmtlll.-( I) Thi~ Act may be called
the Kcrala Court of Wards Act, 1967.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force Oil such date as the Government
may, by notification in the Gazette, appoint.
2. Act not to affect power of 1/igh Court over infants, idiotl
and lunatzcs.-Nothmg in this Act shall be construed to affect or in any
way to derogate from any pO\\ cr possessed by the High Court of Kerala
over the persons and estates of infants, idiots and lunatics.
3. Defznittons.-In this Act, unless the context othe1wise
reqUires,-
( a) " Collector '' means the chief officer in charge of the revenue
administration of a district and mcludes an acting or officiating
Collector and also any officer appointed by the Government to exercise
the functions of a Collector under this Act;
(b) " court " means the Court of Wards;
(c) "minor" means a person who, under the provisions of the
Indian Majority Act, 1875 (9 of 1875), has not attained majority;
(d) " proprietor" means a persons who owns or has a life·
interest in land either solely or as a co-q}mrer ; -
(e) " ward" means a person who has been made a ward of the
court under section 18.
• Publi~hcd m the Kerala Gazette Extraordinary No. 23, dated 14th February,
1967.
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CHAPTER II
The Court of Wards
4. Court of Wards.- The Board of Revenue shall be the Court of
Wards for the entire State of Kerala and, for the purposes of this Act,
Collectors shall be subject to the control of the court.
5. Cont1ol of Govemment.-The court shall be subject to the
control of the Government and the Government may, 1f they think fit,
revise, modify or reverse any order passed or proceedings taken under
this Act, whether a petition is presented against such order or proce
edings or not.
6. Power of court to regulate proadure .-(I) Notwithstanding an)·
thing contained m this Act, or m any other law for the time being in
force, it shall be lawful for the Board o[ Revenue, subject to the
approval of the Government, to declare what portion of the business of
the court may be disposed of by a single member of the Board and
what portion shall be reserved for the decision of the full Board. Every
such declarauon shall, after approval by the Govet nment, be notified
in the Gazette
(2) All orders made and decisions passed by one member of the
Board or by the full Board in accordance with a declaration made
under sub-sect ion (I) shall be held to be the orders and decisions of the
court, and the same shall not be deemed to be invalid by reason that
subsequent thereto the said declaration was disapproved by the
Government. \Vhere there is a difference of opmion between the
members of the Board sittmg as the court on any point, the decision of
the majority shall prevail and, when there is no majority, the point in
difference shall be referred to the Government whose decision thereon
shall be deemed to be the decision of the court on the point.
(3) It shall 111 all cases be lawful for the officer appointed by the
Government as Secretary to the court to s1gn on behalf of the court.
7. Power of court how exemsed.-The court may exercise all or any
of the powers conferred on it by this Act throu~h the Collectors in
whose districts any part of the property of the ward may be situated or
through any c,ther person whom 1t may apppoint for the purpose ; and
may confer any of 1ts powers on any such Collector or person and with·
draw any powers so conferred.
CHAPTER III
Assumption of Superintendence of Persons and Property
8. Disqualzfication.-The following proprietors shall be deemed
be disqualified for the management of their property:-
(a) minors ;
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(b) proprietors adjudged by a competent civil court to be of
unsound mind and incapable of tranaging their property ;
(c) proprietots declared by the Government to be incapable of
managing their property O\\ ing to any physical or mental defect or in
firmity rendering them unfit to manage their' pro petty.
9. Immedtate p1otection of dtsqualijud heus.-Whenever a Collector
receives information that a proprietor of land situated in his district has
died, and he has reason to believe that the heir of such proprietor is, or
should be declared to be, disqualified under section 8,-
(a) he may take such steps and make such order as he thinks
proper for the temporary custody nml protection of the property which
he has reason to believe to belong to the heir;
(b) if the heir be a minor, he rna y direct that the person, if any,
having 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 make such order for the temporary custody and
protect10n of the minor as he thinks proper :
P10vided that female minors, who ought not to be compelled to
appear in public, shall be proaucecl in accordance with the manners
and customs applicable to them.
10. Recovery of e>.peuditwe.-All expemes incuned by a Collector,
.p.. acting under section 9, shall, whether the property is afterwards taken
und~r the supenntendence of the court or not, form a charge upon the
property concerned, and shall be recoverable from the owner of such
property, or the person whom the Collector shall find to he in possession
of such property, as arrears of land revenue.
11. Report by Collec/or.-Whenever nuy Collector, after making
such inquiry as he deems necessary, h,\s reason to believe that any
proprietor m his district is, or should be declared to be, disqualified
under section 8, he shall submit a report to the court setting forth all
the circumstances of the case:
Provided that the said property is of such value that its economic
management by the court is practicable:
Provided further that the court or the Government may call for a
report on any case if in its or their opinion it is necessary to do so.
12. Proprietor to be given opportumty to be heard and to adduce
eVtdmce.-(1) Before reportmg to the court under section 11 that a pro
prietor ought to be declared. to b~ disquahlied un.der clause (c) of
section 8, the Collector shall giVe not1cc to such p10pnetor and afford
him a reasonable opp:lrtunity to be heard anti to adduce evidence.
(2) All questions as to whether the provisions of this section have
been complied with shall be dedded finally by the Government.
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13. Report by court.-The court shall consider the Collector's
report and, except in the case of female proprietors, not being minors,
whom it decides to have in cha1ge of their property, shall report the
case to the Government w1th its recommendation and pending the
receipt of orders, shall have power to take such steps, as it may deem
neces&ary, for the protection of the person and property of the pro·
prietor in question.
14. Government may declare proprzetor disqualzjud an f dzrect court to
assume supermtendence.-The Government, on receipt of the court's re
commendation, may, in any case falling under clause (c) of section 8,
declare the proprietor to be disqualified, and, in every case falling
under section 8, may order the court to assume the superintendence of
the person or property of the proprietor or of both.
15. Proprietor not to be declared dtSqualifted under sectzo11 8 (c) unless
on ground of public mtmst.- The Government shall not declare any
propnetor to be disquahfied under clause (c) of section 8, unless satisfied
that it is expedient in the public interest that the property should be
managed by the court, and a statement to that effect shall be inserted
in the declaration made by the Government under section 14.
16. Provzszon to meet cases of undzuzd•d Hzndu. jamzly, A1arumakl..a
thayam tal wad, etc.-( I) The Government shall not, except under section
17, order the court to take the property of any undivided Hindu family,
Marumakkathayam tarwad, Aliyasantana family or Nambudiri family
under its superintendence, unless all the coparceners, members of the
tarwad or members of the family, as the case may be, are, 01 are
declared to be, disqualified under sectton 8.
(:?) When two or rome proprietors ate co-sharers, otherwise than
as coparceners in an undtvided,Hindu family or as members of a Maru
makkathayam tarwad, Aliyasantana family or Nambudiri family, as
the case may be, and one of such co-sharers is, or is declared to be,
disqualified under section 8, the Government may order the court to
mstltute a suit for partition on behalf of the disqualified proprietor and
to take under its superintendence the property allotted to such pro
prietor in the partition.
17. Appllcatzon by propnelor hzmselj .-(I) A proprietor may apply
to the Government to have his property placed under the superinten
dence of the court, and the Go\·ernment may, on being satisfied that it
is expedient in the public interest that such property should be
managed by the court, and that the said property is of such valul' that its
economic management by the court is practicable, make a declaration
to that effect and order the court to assume the supenntendence of
such property.
(2) In the case of any undivirled Hindu famtly, Marumakkatha
yam tarwad, Aliyasantana famtly or Nambudiri family, an application
siyned by a majority of the coparceners or a majority of the members
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of such tarwad or family, as the case may be, shall, for the purposes of
sub-section ( 1), be deemed to Le an application by a proprietor in
respect of the whole of the p10perty of the lamily or tarwad.
Expianatzon.-Nothing in tlus section shall be dermed to prevent
any coparcener or member of such tarwad or family not signing
such application from obtaining partition ol his share, whether by suit
or otherwise.
18. Notiftcatioll of assumptiott of Jttfttrintendence .-( 1) Whenever
under section 14 or section 1 7 the Government order the court to take
under 1ts superintendence the person or property of a proprietor or
both, such order of the Government, together with any declaration
made under sect10n 14 or section 17, as the case may be, shall be noti
fied in the Gazette. The notificatiOn shall specify the Collector who
shall discharge the dutie~ unposed upon a Collector by this Act in
respect of such person or property or both, as the case may be.
'(2) Such propnetor shall be deemed to have become a ward
under the court from the date of the said order of the Government; and
the supelintendence ol his person or property or ofboth shall take dfect
from the said date, and, as to property, shall extend to all movable and
immovable property belonging to him at the date of the order, an1l to
wh1ch he shall afterwards become in any way entitled while he conti·
nues under such superintendence:
Provided that it shall be in the discretion of the court to assume
or refram from assuming the supetmtendence of any property which the
ward may acquire otherwise than by inheritance subsequent to the date
of the order of the Government under section 14 or section 1 7.
CHAPTER IV
Management and guardianship
19. Collecto1 to take charge of ward'" property.-When the court has
assumed the supermtendence of the property of a ward, the Collector
specified in the notificatiOn .. umler scctlOn ltl or, if so directed by the
court, the Collector of the d1St1 ict in which any part of the property is
situated, shall take posseSSion and custody of such p10perty on behalf of
the court.
20. Powers of Collector .-lt shall be lawful for the Collector refer·
red to in section 19-
(a) to order any person m possession of any movable property to
the possessiOn of which the ward IS entitled or of any accounts or papers
relating to the property ot such ward, . to dchver up such movable
property, accounts or papers;
(b) m case there is reason to believe that any movable property
to the possession of which the ward is entitled or any accounts or papers
relatmg to the propery of the ward J.l'e to be found in nny room, bo:ll or
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receptacle within any house in the actual possession of the ward, to
break open such room, box or receptacle or authonse the same to be
broken open for the purpose of searc4ing for such property, accounts or
papers;
(&) to order any person who is or has been in the employ of the
ward, and any person who was in the employ of the deceased proprie
tor, if any, from whom the ward derives his t1tlc, to attend before him
for r.xamination and to defray the necessary expenses of any person so
attending out of the assets of the estate;
(d) to order all holders of tenures and under-tenures on the
ward's property to produce their titles before him.
21. Allowances for ward ond famzly.-The court may determine
what sums shall be allo'\\ed for the expenses of the ward and of his
family and dependants and of those who are entitled to be maintained
out of the property taken possession of on behalf of the coUl t.
22. Custody, resuience, eductzon aud marriage of ward or minor relatwes.
The court may make such orders and arrangements as it may deem fit,
in respect of the custody, residence, education and marriage-
( a) of any ward whose person is for the t1me being unde1 its
su permtendence;
(b) of any minor child, minor brother or minor sister of such
ward, or such other minor or incapacitated person who, in the opinion
of the court, is entitled to maintenance at the charge of the ward's
estale.
23. Appointment, ete., oj managers and guardians.-(1) The court
may appo~t managers for the property, and guardians for the person,
of any ward, and may control or remove any manager or guard ~an so
appomted:
Provided that the court shall not appoint a guardian for any
pe1 son who has become a ward in pursuance of an order under section 1 7.
(2) Any appointment made under this section shall terminate
"hen the court ceases to exercise superintendence over the person for
whom a guardian, or over property for which a manage1, has been
appointed.
24. Collector to act if there are no managers or guardtans.-If no
manager of the property or guardian of the person of a ward is appoin•
ted by the court, or the office is temp01arily vacant, the Collector
spt>cJficd 111 the notification under section 18, or any other Collector
whom the court may appoint in th1s behalf, shall be competent, under
control of the ~ourt, to do anythmg that might be done by such
manager or guard1an,
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25. Who may and may not be guardians.-( I) No pe1 son being the
next legal he1r of a ward, or appeat·ing to have a direct 01 indirect
advantage in the death or contmued dis<)Ucdification of ~uch w.1rd, shall
be appointed guatdian ofsuch ward:
Provided that the mothet ot a ward, or any person appointed
guardian by the will of a person authorised to make such appointment,
may be appointed guardian by the court at its discretiOn.
(2) A female guard:an shall be appointed for a female ward,
and a male guardian for a male ward above seven years of age, unless,
in any case, the court, for special reasons, shall direct otherwise:
Provided that no guardian shall oHlinarily he appointed for a
female ward, if she has an adult husband.
26. Dutus of guardians.-A guardian appointed under section 23
shall be charged with the custody of tht' wa1d, and, ~ubject to the
control of the court, shall make suitable Jll ov1sion for his maintenance
and health, and if he be a minm·, for his education, and for such other
matters as are required by the personal law to which the \\ardis
subject, and shall-
( a) give such security (if ,my), as the cou1 t think~ fit, for the due
performance of his duty, ,
(b) submit such accounts as the comt may direct;
(c) pay the balance due from hun thcJcon;
(d) continue liable to account to the cou1 t afte1 he has ceased to
be guardian for his receipts and <hshursements during the penod of his
gua1·d iansh i p;
(e) apply for the sanction of the court to any act which may
mvolve expense, not previously l>anctioned by the cou1 t,
( /) be paid such allowace out of the p1 operty of the ward as the
court thinks fit.
' 27. Powers of manager.-Every manager appointed by the coutt
shall have power, subject to the control of the court, to collect the rrnts
of land placed under his charge, as well as nil other moneys due to the
ward, and to grant receipts therefor, and may, under the ordl'rs of the
court, grant or renew such leases as may in his opinion be neLessary for
the good management of the property, and do all such Ia\\ ful acts as he
may be generally or specially authorised by the cout t to do for the good
management of the property.
28. Duties of manager.-(!) Every manager appointed by the court
shall manage the p10perty placed under his charge dihgt'ntly and
faithfully and shall-
( a) give such security, with such suretie!, if any, as the court
thinks fit, for the due discharge of the trusts of his office aud for the
due account of all property and moneys which come into his control or
possession by reason of his office;
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(b) keep such accounts in such form and submit them at such
times as the court may direct;
(c) deal with all moneys received by him in such manner as
the court may direct;
(d) obtain the sanctiOn of the court to any act -which may
involve the property in expense not previously sanctioned by the
court;
(c) be responsible for any loss occasioned to the property
under h~ management by his negligence or wilful default; and every
such los> shall be recoverable from him and from his sureties, if any, as
an arrear of land revenue;
(/) continue liable to account to the court after he has ceased
to be manager for his receipts and disbursements during the period of
his managership.
(2) The manager shall be paid such allowance out of the
property of the ward as the court thinks fit.
29. EmplGyees of court deemed to be public servants .-Every guardian,
manager, or othet· servant of the court shall be deemed to be a public
servant within the meaning of sections I 61, 162, I 63, 16·!, I 65 and I 65A
of the lndian Penal <::ode ( 15 of 1860); and in the definition of " legal
remuneration" contained m the said section 161, the word "Govern·
ment" shall, for the purposes of this section, be deemed to include
the court.
30. Manager and othc1 servants to be deemed to be publzc accountants.
Every manager or other servant of the court entt usted with the receipt,
custody or control of moneys or securities for money on behalf of the
court or with the management of any property under its superinten
dence shall be deemed to be a pubhc accountant within the meaning
of the Kerala Public Accountants Act, 1963 (Kerala Act 37 of 1963).
' ~i I. Regulation of cxpcndzturc.-Unless the court otherwise directs,
all moneys received by, or on behalf of, the court on account of the
property of any ward shall be employed in meeting the charges included
m Class I heremafter specified, befme such moneys are employed in
meeting the charges in Classes II and III hereinafter specified and in
meeting the charges in Class II before they are employed in meeting
those in Class II I.
CLASS I
Charges necessary for the mamtenance, residence, education,
marriage and indispensable religious observances of the ward and his
family and of those in respect of whom such charges have to be paid
out ofthe property of the ward.
Charges necessary for the management and supervision of the
property of the ward.
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Charges on account of Go vet nment re\'enuc and of all ce~ses and
other public demands due in respect of such pro petty, or any part of
such property. .
CLASS II
Charges on account of rent, cesses ot demands due to any supet iut
land holder in respect of any land held on behalf of the w.1rd.
The liquidation of debts payable hy the ward out of the ptoperty
taken charge of by the court.
Expenses necessary to protect the 111tcrests of the ward in the civil
courts or otherwise.
The maintenance in e!ltcient condition of the <'states, butldings
and other immovable p10perty and the suitable upkeep ofthe furnitmc,
equipage, livestock and other movable propet ty belonging to the ward.
CLASS III
The payment of such charges for the roligious obset \'.ltlCes of the
ward and his family and of such religiom, charitable and other
allowances and of such donations befitting the positton of the ward's
family, as the court may authorise to be paid.
The prevention and relief of distress among the ''at d'~ tenantt y.
The improvement of the land and propr.t ty of the "ard and the
benefit of the ward and his p10perty generally.
32. Surplus how to be dealt with.-Any smplus whidt remains .1fter
p10viding, ~o far as the court deems fit, for the objects mcntionetl in
se(.t ion 31, shall be applied in the pUI chase of othet landed property,
or invested at mterest on the security of-
(a) promissory notes, debentures, stock and other securities of
the Government of India or of the Government of Kerala;
(b) stock, or debentures of, or shares in, compame~, the mterest
whereon has been guaranteed by the Govenunenl of India;
(c) debentures or other securities for mo11ey tssued hy, or on
behalf of, any local authority under the authority of any Act of the
Legislature of any State ;
(d) such other securities, stock or shares guaranteed by the
Government of Kerala or the Government of India as the court shnll
deem fit; or
(e) first mm1gages of immovable p10pe1t}' situate in the State of
Kerala, provided that the property is not a lea~ehold for a term of years
and that the value of the property exceeds by one-third ot, if consisting
of buildings, exceeds by one-half, the mortgage money.
33. Dzsabrlitres of.wards.-(1) A ward shall not be competent
(a) to transfer or create any charge on, or interest in, any
part of his propet ty which is ur1der the superintendcnt.e of the court, or
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to enter into any contract or to make any acknowledgment involving
him in pecuniary liability pet so nail; or in respect of such property;
but nothmg in this clause or in section 22 shall be deemed to affect the
capacity of a ward to enter into a contract of marriage :
Provided that he shall not incur in connection therewith any
pecuniary liabtlity, except such as, having regard to the personal law to
which he is subject, and to l11s rank and circumstances the court may,
m writmg, declare to be reasonable;
(b) to grant valtd 1 eceipts for the rents and profits arismg or
accruing from such property or for debts or other moneys due to the
estate ;
(c) to adopt or to give a vvntten or verbal permission to adopt
withoUl the consent of the court;
(d) to dtspose of his property by w1ll wtthout the consent of
the court :
Prov1ded first that the court shall not with hold 1ts consent under
clause (c) or clause (d) if the adoptiOn or testamentary dispos1tion is not
contrary to the personal or special law applicable to the ward and does
not appear likely to cause pecuniary embarrassment to the property, or to
lower the influence or re~pectabthty ofthe family in public estimaiton:
Provided secondly that the court may confirm a wlll or an
adoptiOn made, or a petmission to c:dopt g1vcn, without its previous
consent:
Provided thirdly that the provisiOns of clauses (c) and (d) shall
not apply to any proprietor in regard to whose property a declaration
has been made under sectiOn 1 7.
(2) No claim under sect10n 68 of the Indian Contract Act, 1872
(9 of 18n), shall be enforceable against the property of a ward which
is under the ~upermtendence of the court ; but the court may, in 1ts
discretion, satisfy in whole or in part, any such claim.
34. Powers of court as to property under zts superintendence.-The court
may mortgage or sell the whole or any part of any property under its
supermtendence and may give leases of the whole or any part of such
property for such terms as it thinks fit, and may make remissions of rent
or other dues, and may generally pass such ordets and do such acts not
inconsistent wtth the provtsions of this or any other Act for the t1me
being in force as 1t may judge to be for the advantage of the ward or
for the benefit of the property.
35. Establzshments and distribu12on of charges.-The court may order "b-
~uch estabhshments to be employed and charges to be incurred as it ·
sha.ll consider requisite for thecate and management of the persons and
properties under Its superintendence and generally for all the purposes
of this Act, and may order that such charges shall be borne by and
distnbuted amongst the said pt operties in such proportions as it
deems fit,
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CHAPTER V
Ascertainment and settlement of debts
36. Notzce callwg upon clazma11ts to notify clazms.-(1) On the publi~
cation of a not1fication under section 18, the Collector the• ein spec1fied
may, at any time, with the previous sanction of the Government,
publish in the Gazette a notice in English anti in Malayalam or in such
regional language as he may consider necessary calling upon all pe•sonc;
havmg pecuniary claims, whether immet!intely enf01ceable or not
against the ward or his property, to not1fy tlte same in WI iting to the
Collector withm six months from the date of such notiflc.Ltion.
(2) The nottce shall also be publishetl nt such places .md in ~uch
other manner as the coUlt may, by general or special or.ler, direct and
shall be sent by reg1stered post to every person who i~ known to the
Collector as having a pecumary claim against the ward or his property
and of whose address the Collectot· is credibly informed.
(3) The Government may at any stage of the p oceed mgs under
this section and sections 3 7 and 39 invest any person either by name or
by virtue of his office with the powers of a Collector for any or all of the
purposes of these Sf'ctions.
E>.p!anatzo1z.-A claim shall be deemed to be pecuniary for the
purposes of this section and sect1ons 37 and 40 notwithstanding that a
suit for its enforcement or a re'e•ence of such claim to arlntration is
pending or that a decree or award has been passed establislung 1 he
same.
37. Claimants to furmsh full parttcufars a11d documents.-( I) Every such
claimant shall, Within the period prec;cnbed by section 36, notify to tlw
Collector in writmg his claim w1th full particula1s thereof :
Provided that any claim pt escnted afte•· the expiration of such
period and within a further period of SIX months may be admitted if the
cla1mant satisfies the Collector that he had sufficient cause for not noti
fying the claim at an earlier date.
(2) Every document (including entries in uooks of account) in
the possession of or under the conttol of tlw claimant on which he
found his claim shall be produced before the Collector with the state
ment of claim or withm such t1me after the 1nlfcn ing of the cla1m as
may be allowed by the Collector in tha1 behalf':
Provided that if the claim relates to nn amount S!'cured by
a decree or award, it shall be ~ufficient for tlte c-laimant to produce
before the Collector a certified copy of the deCI re and a certificate from
the court which pass~d or is executing the same declaring the amount
recoverable thereunder or a true copy of the awanl and a statement of
the sum recoverable thereunder, as the cac;e mny he; and ifthe claim is
pending adjudication in any com t or has been refe1 red to .trbitratJon,
it shall be suffic1ent for the clai•r.ant to produce a certified copy ofthe
plamt or a true copy ofthr reference to arbitration, as the case may be.
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(3) It shalll.:e lawful for the Collector to require the production
by any claimant of such of the documents in his possession or power
relating to his claim, other than the documents, if any, produced under
sub-section (2J, as the Collector may consider nece>sary.
(4) Unless the Collector shall otherwise direct, every document
produced under this section shall be accompanied by a true copy thereof.
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 origina.l to the claimant.
3B. Pecu111ary claim of Government, t!tc., not affected. -Nothing
contained in sections 36 and 37 shall apply to any pecuniary claim of the
Government or any local authority, or to claims for maintenance or
for wages o~ salaries due to servants.
39. Clazms admztted and dzsallowed.-The Collector shall, after
making such inquiry as he may dee•n fit, decide which clarms notified
or admitted under section 37 are to be allowed in whole or in part, and
which are to be disallowed, and, on his decision being confirmed by
the court, shall give written notice of the same to the claimants:
Provided that nothing herein contained shall be co·rstrued as
precluding any claimant from continuing or instituting proceedmgs in
any r.ivil court in respect of any claim, whether such claim be allowed
or disallowed by the Court of Wards in whole or in part.
40. Claims tzot tzotified cease to carry wterest, etc. -Every pecuniary
claim against the ward or his property which has not been duly notified
to, or admitted by, the Collector under section 37 shall, notwithstanding
any law, contract, decree or award to the contrary, cease to carry
interest from the expiration of the period prescribed by section 36, and
shall not be paid until after the discharge or satisfaction of the claims
notified or admitted under sectwn 37.
41. ln12dmissibrlity in evrdcnce of documents tzot troduced.-No docu
ment in the possession or under the control of the claunant which should
have been but has not been produced in accordance with the require
ments of section 37, shall be admissible in evidence against the ward or
his representative in any suit brought by or against the claimant, or
any person claiming under him, unless it be proved to the satisfaction of
the civil court that it was not within his power to produce such document
before the Collector.
42. When mortgagee zn posseman may be dispossessed.-( l) When any
property of a ward is m the possession of a mortgagee, or any person
cla1ming under a mortgagee, the Government may, on being satisfied
that 1t is expedient in the public interest that the estate should be
preserved and such encumbrancer should deliver up possession of the
mortgaged property, make a declaration to that effect, and direct the
court to take possession thereof; the court shall thereupon, by an order
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in writing, require such encumbrancer to deliver up possession of the
same to the manager at the end ofthe then cunent financial yea1.,
(2) If such encumbrancer refuse~ ur neglects to obey such order,
the Collector may, w1thout resorting ton civil court, enter upon the
property, and summarily ev1ct therefrom the said <'ncumbrancer and
any other person obstructing or res1sting on his behalf.
(3) The dispossession of the encumln ancer under sub-sections ( l)
and (2) shall not df'prive him of any right for the 1 ecove1 y of at rears of
rent due to him at the date of his d1spossessiun.
(4) If in the instrument of mortgage under which the <-ncum.
brancer is in possession of the property, uo rate of intere~t is specified,
the Collector shall, m cases where the m01 tgage debt has been notified
to or admitted by htm, offer to the encumbrancer the rate of intere~t
which appears to htm to be reasonable; nml pass on order fixing the
rate accordingly. Copy of the 01 det shall be served upon the encum·
brancer in the manner prescnbed by the Code of Civtl Procedure, 1908
(5 of 1908), for service of summons upon a defendant. If the encum
brancer is dissatisfied wtth the rate of mtcrest so fixed, he may, within
three months from the date of set vice upon him of such order, institute
a suit against the ward in the District Court within whose jurisdiction
the property mortgaged or any portion thereof Is situate, and the said
court shall, if the mortgage debt has lweu notified or admitted as
aforesaid, pass a declat atm y decree fixing snrh rate of intet est as it may
deem reasonable. If no such SUit be instituted within the said period,
the encumbrancer shall be deemed to have agreed to the rate fixed by
the Collector.
(5) If an encumb1 anccr is dispossess1·d of pro petty undet this
section, he shall be entitled to recover the amount due to him undrr the
instrument of mortagage on the date of ~uch di~possession together
with-
( a) mterest as f10m that date, on the priucipal money outstan·
ding on such date at the rate st1pulated 111 the instrument of mortgage
or, if there is no ~uch stipulation, at the 1ate fixr.d under sub
section (4), and
(b) any amount to which he may, in case of dispossession, be
entitled under the instrument of mortgage or under any i.lw fm the time
being in force,
in the same manner as if-
(z) he were a stmple mortgagee of such property under the
said mstrumcnt, a11d
(u) the entire money as computed above \\Cte advanced uy
way of loan under the said iusturment:
Provided that the rights of the encurnbrance1 und!'t this sub·
section shall l.Je subject to-
(a) the provisions of section 40, and
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(b) the charges specified in Classes I and II in section 31,
except those relating to the liquidation of debts payable by the ward
and to the upkeep of the furniture, equipage, livestock and other
movable property belonging to the Vvard.
(6) The Collector shall, as soon as conveniently may be after the
expiratiOn of the financial year commencing with the date of such
dispossessiOn and of every successive financial year, declare, subject to
the approval of the court, the gross annual rents and profits realised
from such property, the several heads of expenditure and the balance,
and such declaration shall be conclusive evidence of the statements
therem con tamed. A copy of such declaration shall be fu1 nished to the
dispossessed encumbrancer free of charge.
CHAPTER VI
Suits
43. Protection of action taken in good fazth.-1\"o SUit shall be brought
in any civil court against the Government, the Court of \Vatds or any
public servant or person duly appointed or authonsed under this Act in
respect of anything m good faith done or intended to be done under the
provisions thereof or the rules made thereunder.
44. Suzt not to be znstitut,·d untzl after notzc~ to Collector.-( I) No suit
relating to the person or property of any ward shall be instituted in
any civil court until the expiration of two months after nottce in writmg
has been delivered to or left at the office of the Collector specified in the
not1ficat10n under section 18.
(2) Such notice shall state th.e name and place of abode of the
intending plaint1ff, the cause of actwn and the relief wh1ch he cla1ms ;
and the plamt shall contain a statement that such notice has been so
dehver ed or left :
Provided that notice under tlus section shall not be req utred m the
case of any suit the penod of hmitation fot which will expire within
three months from the date of the notification under section 18.
45. Suit or proceedmg1Jy or agawst ward.-In all suits or proceedings
in an) civ1l or re~enue court the ward shall sue and be sued 111 h1s own
name.and the manager of his property appointed under section 23 or, if
there ts no such manager, the officer competent to act as manager under
section 24 shall represent him as next friend or 5uard.an ad litem, as the
case may be.
46. Costs against manager how pazd.-If in any such suit or proceed
ings any ctvil or revenue court shall decree any costs agamst the
manager or other officer competent to act as manager under section 24,
the Court of Wards shall cause such costs to be patd out of any prc
perty of the ward, which, for the time bemg, may be in its hands.
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47, Suits must be authorised by court.-No suit 11hal\ be brought on
behalf of any ward by the manager or other officer competent to act as
manager under section 24, unles!. authorised by some particular or
general order of the court :
Provided that a manager or other officer as aforesaid may file a
plaint in order to prevent the suit from being barred by the law of limi
tation, but such suit shall not be further proceeded with, until the
consent of the court has been obtained.
48. Adjudzcation of rivil disputes between two or more wards.-( 1)
When any question arises as between two or more 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 in the First Schedule to the Code of Civil Procedure, 1908
(5 of 1908), to file in the civil court having jurisdiction a statement
contaming the point or points for determination.
(2) When such statement has been filed, the civil court shall
appoint a guardian ad lztem 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 civil court may, if it thinks fit, amend the case so
stateri, and shall then proceed to hear and dispose of the case in the
manner provided in Order XXXVI in the First Schedule to the Cod<"
of CIVIl Procedure, 1908 (5 of 190B), for the hearing and disposal of
cases stated for opinion under that Order.
CHAPTER VII
Release of persons and property from superintendence
49. Release from superzntendence.-The court may, with the pre·
vious sanct1on of the Government, in all cases where superintendence
has been assumed in pursuance of orders under section 14, at any time
release from its supenntendence the person or property of a ward or
both and shall, save as provided in sectwn 52, release from
superintendence-
(a) the person and property of a ward disqualified under clause (a)
of section 8, as sJon as he ceases to be a minor;
(b) the person and property of a ward disqualified under clause (b)
of section 8, as soon as it is found by a competent civil court that the
drsability has ceased ;
' (c) the person and property of a proprietor declared to be dis-
qualified under clause (c) of section 8, as soon as the Government
revoke their declaration that such proprietor is disqualified ;
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(d) the property of an undivided Hindu family, Marumakka
thayam tarwad, Aliyasantana family or Nambudiri family, and the
person of every coparcener or member therein who is not possessed of
separate estate, as soon as any coparcener or member, as the case may
be, ceases to be disqualified under section 8.
50. Release of estate taken under management under section 17 when debts
cannot be liqutdated within reasonable tzme.-(1) The court may, with the
previous sanction of the Govermonent, at any time within two years
from the date of the notification published under section 18, release
from its superintendence, on a day to be notified, the property of a per·
son who has been made a ward of the court in pursuance of an order
under section 17, without liquidating any of his debts and liabilities, or
after liquidating some of the debts and habilities, when the court is
satisfied that it is impracticable to liquidate within a reasonable time
al1 the debts and liabilities or such of them as have not been liquidated,
and in either case the legal incapacity of such ward shall cease on the
date so not1fied :
Provided that with the previous sanction of the Government, the
court may at any time release such property on app!Jcation made to it
by the proprietor, or in the case of an und1vided Hindu family, a
Marumakkathayam tarwad, an Aliyasantana family or a Nambudiri
faO?iiY on such application made by a majority of the coparceners who
have attained majority or of the major members of such tarwad or
family, as the case may be. -~
(2) Whenever an incumbrancer is dispossessed under section 42,
and his debt remains unliquidated at the time the court releases from
its superintendence the property of such ward under sub-sectiOn (I), the
Collector shall replace the mcumbrancer in possession.
(3) Whenever the propet·ty of a person is released unde1· suiJ.
section ( 1) r rom the su perint("ndence of the court' the provisions of
sections 40 and 41 shall not apply to any of the debts and liabilities of
the ward remaining unliquidated at the time when his properties are
so released.
(4) In computing the period of limitation applicable to a suExcerpt shown. Open the full act in Lexace.