The Tamil Nadu Court of Wards Act, 1902

Tamil Nadu · state statute

Open in Lexace · Ask the AI about this act

DISCLAIMER: This document is being furnished to you for your information by PRS
Legislative Research (PRS). The contents of this document have been obtained from sources
PRS believes to be reliable. These contents have not been independently verified, and PRS
makes no representation or warranty as to the accuracy, completeness or correctness. In
some cases the Principal Act and/or Amendment Act may not be available. Principal Acts
may or may not include subsequent amendments. For authoritative text, please contact the
relevant state department concerned or refer to the latest government publication or the
gazette notification. Any person using this material should take their own professional and
legal advice before acting on any information contained in this document. PRS or any persons
connected with it do not accept any liability arising from the use of this document. PRS or any
persons connected with it shall not be in any way responsible for any loss, damage, or distress
to any person on account of any action taken or not taken on the basis of this document.

Act 1 of 1902

Keyword(s):
Court, Ward, Minor, Proprietor

Preamble.
Court of Way& [I902 : T.N Aot I
l(TaMU( NADq ACT NO. I OF 19028.
(Received the msent of the Governor on the 22nd Febrwy
1902, ad that of the Viceroy and Govemr-General
on the 7th May 1902 ; the Governor-General's
assent was first published in the Fort. St. George
Gazette of the 27th May/1902.)
An Act to consolidate and amend the law
relating to the Court of Wards in the 8CState
of Tamil Nadu].
WHEREAS it is expedient to oomolidate and amend
the law relating to the Court of Wards in the '[State of
Tamil Nadu] ; It is hereby enaoted as follows :-
CHAPTER I.
1. This Aot may be oalled the lvamil Nadu] Court
of Wards Act, 1902.
-
1 These words were substituted for the word "Madrk " by the
Tamil Nadu Adaptation of Laws Order. 1969, as amended by the
Tamil Nadu Adaptation of Laws (boond Amendment) Order,
1969, whioh,oame into foroa on the 14th January 1969,
2 For Statement of Objects and Reasons, ase Fort St. Cfsorge
Gazette, 1901, Extraordinary, p. 16 ; for Report of the Seleot
Committee, 8ca ibid, 1902, Extreo-ry, p. 1 ; and for Prooeedinge
in Oounoil, see ibicl, 1901, Pt. W, pp. 44, 74, and ibid, 1902, Pt.
V, pp. 46, 89, 123.
This Aot wes extended to the merged State of Pudukkottai by
seotion 3 of, and the First Sohedule to, the Tamil Nadu Merged
States (Laws) Act, 1949 (Tdl Nadu Aot XXXV of 1949).
This Aot was extended to the Kenyakumsri distriot and the
Shenoottah taluk of the Tirunelwli district by esotion 4 of! and
the Seoond Sohedule to, the T+ Nadu (Traasferred Terntorg)
Extension of Laws Act, 1960 (Tam11 Nadu Aot 23 of 1960) repealing
the oorresponding law in that territory.
3 This expression was substituted for the expreaaion " Mad?@
Preaidenoy" by the Tamil Nadu Adaptation of Laws Order, 1Q70,
which was deemed to have aome into fom on the 14th Jm-
1970.
4 This expwion was substituted for the erpmfssion " Presidency
of Madres " by iW.
-.
I-
,
1902 : T.N. Act I] Court of War& ' 476
It extends to the 1 [State of Tamil Nadu] a[ * ~xjeht.
****I.
2. Seotion 26 of the '[Tamil Nadu] Collectors Regu- J,~WS repealed.
. lation, 1803, the Madras Court of Wards Regulation,
'V 1804, the Madras Minorrr Aot, 1866 and the Madras
Court of Wards (Amendment) Aot, 1899 are hereby
8. Nothing in this Act,shell be construed to affect Jurisdiction of
' or in any way to derogate tom any power possessed z;:d.Court
by the High Court of Madras over the persons and
estates of infants, idiots and lunatics.
4. In this Aot, unless there is something repugnant Definitions.
9.
in the subjeob or oontext :
" The Court ' ' means the Court of Wards. a‘~~~rt."
" Ward " meGns a person who has been made a ,.Ward.m
ward of the Court under section 19. .
" Minor " means a person who, under the provi-! minor."
z:t-siom of the Indian Majority Act, 1876, as amended by
kt VIII~ mtion 62 of the Guardians and Wards Act, 1890, has
890. not attained majority.
" Proprietor " means a person who owns or has 6PrOPri~tOr.'9
a life interest in land either solely or as a co-sharer.
CHAPTER 11.
THE COURT oa WARDS.
5. The Board of Revenue shell be the Court of Warde court of Wards.
for the territories to which this Act extends, and for the
purposes of this Act, Collectors shall be subject to the
oontrol of the Caurt.
6. The Court of Wards shall be subject to the control Control of State
of the '[State Government], and the "State Govern- Government.
ment] may, if it thinks fit, revise, modify or reverse any - ---
1 This cxpreaaion was substituted for the expression "Presidcncy
of Madras" by the Tamil Rtldu Adaptation of Laws Order, 1970,
which was deemed to have come into force on the 14th January
1969.
9 The words " exolueive of ths scheduled districts " were
omitted by theXtdr88 Adaptation of Laws Order 10.57.
a Them word8 wen, subetituted for the word "Msdrss " by the
Temil Nadu Adaptation of Laws Order, 1969, as amended by the
TaspiI Nadu Adeptation of Lawa (Seo~)nd Amoudmont) Ordor, 1969,
whah aeme into form on the 14th Jenuay 1969.
4 The words " Provincinl Cl~vernrnent were substituted for
the words-** locd B0y:rnment by the Adaptation Order of 1937
en4 the word " State was substituted for " Prwinoial " by the
Adaptatin Order of 1DMf.
476 Court of War88 [I902 : T.N. Act I
order passed or proceedings taken under this Act,
whether a petition is presented against such order
or proceeding or not.
Distribution of 7. (1) Sections 2, 3 and 4 of the l[Tamil Nadu] Board
busineee. of Revenue Act, 1894, shall, SO far as may be, apply to
the Board of Revenue when exercising jurisdiction as AO~ I
the Court of Wards. 1894.
Secretary may (2) It shall in all cases be lawful for a Secretary
sign for court. of the Board of Revenue to sign on behalf of the
Court.
Powere of
Court how
exeroiaed.
8. The Court may exercise all or any of the powers .
conferred on it by this Act through the District Col-
lectors in whose districts any part of the property of
the ward may be situated or through any other person
whom it may appoint for the purpose ; and my confer
any of its powers on any such Collector or person and
withdraw any powers so conferred.
CHAPTER 111.
ASSUMPTION OR' SWPEI~INTIENDENUE OF PERSONS AND
PROP^!^.
Disqualiil- 9. The following proprietors shall be deemed to be
oation. disqualified for the management of their property:-
(a) Minors.
(b) Women declared by the e[State Government]
to be-incapable of managing their property.
(c) Proprietors adjudged by a competent civil
court to be of unsound mind and incapable of managing
their property.
1 These words were substituted for the word "Mh" by the
Tamil Nadu Adaptation of Laws Order, 1969, aa emended by tb
Td Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969
which came into force on the 14th Jan- 1969.
a The words "Provincial Government" were aubatituted for the
words "L~oal C;overnrnent" by Adaptation Order of
1937 and the word "State" Was subst~tuted for ''Provincial" by
the Adaptation Order of 19 KO.
1902 : T.N. Act f] Court of Wards 477
(d) Proprietors declared by the l[State Govern-
ment] to be incapable of -managing their properky
owing to any physical or mental defect or infirmity
renderihg them unfit to manage their property.
10. (1) Whenever rt Collector receives information Immediate
that a proprietor of land situated in his division or $:ie,~e'~~
district has died, and he has reason to believe that the heirs.
heir of such proprietor is, or should be declared to be,
disqualified under section 9,-
(a) he may take such steps and make such order
as he thinks proper for the temporary custody and
protection of the property which he has reason to
believe to belong to the heir; and
. (b) if the heir be a minor he may direct that the
person, if any, having custody of the minor, shall
produce him or muse 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
protection of the minor as he thinks proper ;
(c) female minors who ought not to be compelled
to appear in public shall be produced in accordance
with the manners and the customs of the country.
(2) If the Collector taking action under sub-sec-
tion (1) is not the District Collector, he shall report
the matter forthwith to the District Collector, who
ahall decide whether to direct the Collector to withdraw,
or himself to report the matter to the Court as provi-
ded in section 12.
11. All expenses incurred by a Collector, acting Rocovery of
under section 10, shall, whether the property is after- exPonditu'o-
wards taken under the superintendence of the Court
or not, form a charge upon the property concerned,
and shall be recoverable from the owner of such pro-
perty, or the person whom the Collector shall find to be
in possession of such property, as an arreer of land-
revenue.
-." 1
1 The words "Provinoid Government" were substituted for the
words "Lod ~overnment" by the Adaptation Order of 1937 and
the word "State" wee substituted for "Pr~vinoial" by the Adapta-
tion Order of 1960.
Court of Wards [I902 : T.N. Aot f
Report by 12. Whenever any District Colleotor, after making
Distriot Golleo- such inquiry as he deems necessary, has reason to
tor. believe that any proprietor in his district is, or should
be declared to be, disqualified under seotion 9, he
shall submit a report to the Court setting forth all tho
circumstances of the caso : Provided that in the case
of proprietors of land on which the annual revenue
payable to Government is less than Rs. 10,000 or ,of
which the annual rent value as defined in the Madras ~h,
Local Boards Act, 1884l is less than Rs. 20,000, the Act V of
District Collector need not report the case to the Court
unless he is of opinion that the Cokxrt ought to assume
the superintendence of the property : Provided also
. that the Court or the ZCStuto Govornmont] may oall
for a report on any cuso, if it thinks fit.
Proprietor to 13. (1) Before reporting to the Court under seotion
be given 12 that a proprietor ought to be deolared to be disquali-
fied under clause (b) or (a) of sootion 9, the Distriot be heard and
to Collector shall give notice to such proprietor and afford
evidence. him a reasonable . opportunity to be heard and to
adduce evidence.
(2) All questions as to whether the provisions
of the section have been complied with shall be deoided
finally by the 2[State Government].
Report by 14. The Court shall consider the Collector's report
Court. and except in the case of female proprietors, not being '
minors, whom it decides to leave in charge of their
property, shall report the oase to the [State Govern-
ment] with its recommendation and pending the reoeipt
of orders shall have power to take suoh steps as it mcvg
deem necessary for the protection of the person and
property of the proprietor in question.
State QOvern- 15. The ([State ~ovekment] on r6oeipt of the Court's ment recommendation, may in any oase falling under ~la~se declore prop-
rietor disquali- (b) or (d) of section 9 deolare the proprietor to be
fied and direct 14 7 Court, to RSsulno 1 Sea now tho Ttx~nil Nadu District Bods Act, 1920 (Tamil Nadu Q superinten- AO~ XIV of 1920). denoe. 8 2 The words ' 'Provincial Government" were substituted for the
worde "Looal Government" by the Adaptation Order of 1937 and
the word "State" was substituted for "Provinoial"by the Adapte. +
tion* Order of 1960. - .t
$902 : T.N. Act I] Court of Ms
disqualified, and in any case falling under section 9
may order the Court to assume the superintendence of
the person or property of the proprietor or of both.
Proprietor no* 16. The '[State Government] shall not declare any to be deolared
proprietor to be disqualified under clause (d) of section disqualified
9 unless satisfied that it is expedient in the public ~~~~un~~~~
interests that his property should be managed by the ground
Court, and statement to this effect shall be inserted in lit interests.
the declaration made by the l[State Government] as
provided in section 10.
17. (1) The l[State Government] shall not order the p,o,;sion to
Court to take the property of 2[an undivided Hindu meet case of
Family or a Marumakkattayrtm tarward under its undivided Hindu families
superintendence unless all ' the oo-parceners or and 00-sharers.
the members of the tarward, as the case may be] are)
or are declared to be, disqualSed under section 9. .
(2) When two or more proprietors are co-sharers
otherwise than as co-parceners in an undivided Hindu
family 8[or as members of a Marumakkattayam tarwad]
and one of such co-sharers is,.or is declared to be, dis-
qualified under section 9, the l[State Government]
may order the Court to institute a suit for partition
on behalf of the disqualified proprietor and to take
under its superintendence the property allotted to such
proprietor in the partition.
18. A proprietor may make application to the l[State Application by
Government] to have his property placed under the rlpf?
superintendence of the Court, and the l[State Govern-
mentlmay, on being satisfied that it is expedient in the - A---
'The words' 'Provinoial &vemment" were substituted for the
words "Locd Government" by the Adaptation Order of 1937 and
the word "State" was substituted for "Provincial" by the Adapta-
t ion Order of 1960.
s These words were aubatituted for the wods "an undivided
Hindu Family under its superintendence unless all the oo-paroeners"
by seotion 4 of, and the Seoond Sohedule to, the Tamil Nndu (Trans. .
femd Territory) Extension of Laws Act, 1960 (Tamil Nadu Aob
93 64 1960), whioh oame into for@ on the 1st April 1961 repealing
the aofiegponding law in that territory.
8 'J'h'ese words were inserted by seation 4, ibid.
Court of Wards 11902 : T.N. Act I
public interests that such property should be managed
by the Courb, make a declaration to that effe'ot and
order the Court to assume the superintendenoe of suoh
property.
Notiacetion of 19. (1) Whenever under seotion 15 or 18 the
eseumption of l[State Government] orders the Court to take under
superinten- its superintendence the person or property of a proprie- dence. tor or both, such order of the l[State Government]
together with any declaration made under the aforesaid
sections, shall be notified in the a[Offioial Gazette] and
also in the Gazette of the distriot in which suoh property .
or any portion thereof is situate. The notifioation
shall specifiy the District Colleotor who shall disoharge
the duties imposed upon a Colleotor by this Aot in
respect of such person or property or both, as the case
may be.
Cons equenoea (2) Such proprietor shall be deemed to have '
of suoh notid- beoome a ward under the Court, fiom the date of the
oation. said order of the l[State Government] and the superin-
tendence of his person or property or of both shall fake
effeot 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, or Co whioh he shall after-
wards beoome in any way entitled whilst he oontinues
under such superintendence :
Provided that it shall be in the disoretion of the
Court to assume or refiain from assumhg th? superin-
tendonoe of any, property whioh the ward may eoquire
otherwise than by inheritance subsequent to the date
of the order of the l[State Government] under seotion
15 or 18.
CHAPTER IV.
MANAGEMENT AND GUARDIANSHIP.
Collector take 20. When the Court has assumed the superin-
ward's pro- tendence of the property of a ward, the Distriot
perty. Colleotor speoified in the notifimtion under section 19
1. The words "Provincial Government" were substituted for the
words '*Local Ctovernment" by the Adaptation Order of 1987 and
the word6~S*tel' was substituted for "Provinciel" by the Adepts-
tion Order of 1960.
These words were substituted for the worde "F'ort St. -8
Ba&i%" by the Adaptation Order of 1937.
1902 : T.N. Act IJ Court of Wards 481
or if so directed by the Court, the Collector of the
Diebict in which my part of the property is situated
ahall fake possession and custody of such property
on behalf of the Courb.
Powere of
21. It shall be lawful for such Collecttor- Oo~Ieotor in
eo doing.
(a) to order any person in possession of any mov-
able property to the possession of which the ward is
entitled or of any accounts or papers relating to the
property of such ward, to deliver up such movable
property, accounts or papers;
(b) in case there is reason to believe that any
movable property to the possession of which the ward
is entitled or any accounts, or papers relating to the
property of the ward are to be found in any room, box,
or reoeptacle within any house in the actual possession
of the ward, to break open such room, bnx or receptacle
or authorize the same to be broken open for the purpom
of searching for such property, accounts or papers ;
(c) 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 proprietor, if any, from
whom the ward derives his title, to attend before
him for examination aad to defray the necessary
expenses of any person so attending out of the assets
of the estate;
(a) to order all holders of tenures and under-
tenures on the ward'a property to produce their titlea
before him.
22. The Court may determine what sums shall be Allowmoes
allowed for the expenses of the ward and of his family for ward end family.
and dependants.
23. The Courb my make such orders and mange- cuetody,
ments, as to it may seem fit, in respect of the custody, residenoe,
residence, education and marriage- eduoetion
I yqriage
(a) of any ward whose person is for the time baing
under ite euperinbndenoe, relatives
126-19-31
Court of mf~rdu . [I902 : T.N. Aet 1
(b) of any minor ehild, minor brother, OP minor
sister of such ward, who, in the opinion of the Court, is
entitled to maintenance at the charge of the ward's
estate,
(c) of the ward's next male heir being a minor and
alao so entitled to maintenance.
Appoint- 24. (1) The Court may appoint managers for the
ment, eto., of property, and guardians for the person, of any ward,
and and may control or remove any manager or guardian guardians. so appointed :
Provided that it shall not appoint a, guardianfor any
person who has become a ward in pursuance of an order
under section 18.
Collector
to act if
there is no
manager or
guardian.
Wb may
end may uot
Be guer.linne.
(2) Any appointment made under this section shall
terminate when the Court ceases to exercise superin-
tendence over the person for whom a guardian, or over
property for which a manager, has been appointed. ,
25. If no manager of the property or guardian of the
person of a ward is appointed by the Court, or the office
is temporarily vacant, the District Collector specified in
the notification under section 19, or any other Clelleotor
whom the Court may appoint in this behalf, shall be
competent, under the control of the Court, to do any-
thing that might be done by suoh manager or guardian.
1 s
26. (1) No person being the next legal heir of a ward,
i
3
or appearing to have a direct or indirect advantage in
the death or continued disqualification of suoh
ward, shall be appointed guardian of such ward:
Provided that the mother of a ward, or any peraon
appointed guardian by the will of a person authorized
to make suoh appointment may be appointed guardian
by the Court at ita discretion.
(2) A female guardian shall be appointed for a
female ward, and a male guardim for a male ward
above seven years of age, unless, in any am, the
Court, for special reasons, shall direot otherwise :
: 1902' : .T.N. Act I] Court of Wards
Provided 'that no guarditin shall ordinarily ba
1 appointed for a female ward if she has an adult husband.
27. A guardian appointed under section 24 shall bo or charged with tho custody of the ward, and, subject to gusrdiarrg,
the control of the Court, shall make suitable provision
for his maintenance and health, and, if he be a minor,
for his education, and for such other matters as are
required by the personal law to which the ward is
subject, and shall-
(a) give such socurity (if any), as the Court thinks
fit, for the due porformmce of his duty;
(b) submit such accounts as the Court may direct ;
(c) pay the balmoes due from him thereon;
(a) continue liable to account to the Court after
he has ceased to be guardian for his receipts and dis-
bursements during the period of his guardianship;
(e) apply for the sanction of the Court to any aot
which may involve expense, not previously sanctioned
by the Court;
df) be paid such allowance out of the property of
the ward, as the Court thinks fit.
28. Every manager appointed by the Court shall powersof
have power, subjoot to the control of the Court, to manager.
collect the rents of land placed under his charge, as
well as all other money due to the ward, and to grant
receipts therefor, and may under tihe ordors of the
Court, grant or renew such leasesss may in his opinion
be necessary for the good management of the property,
and do all such lawful acts as he may be generally
or speoially authorized by the Court to do for the good
management of the property.
29. Every mollugor uppointod by tho Co~~rt sliall Dutio8 of
manage the property placed under his charge diligently manager*
and faithfully ancl shall-
(a) give such security, if any, as the Court thinks fit
duly to acoount for what he may receive in respect of
he rents and profits of the property under his charge;
Court of Wad . [lQOB : T.N. Ad 1
(b) keep such accounts in such form and submit
them at such times as the Courb may direot;
(c) deal with all moneya received by him in such
manner as the Court may direct;
(d) apply for the sanction of the Court to any act
whioh may involve the property in expense not
previously sanotioned by the Court;
(e) be responsible for any loss oooasioned to the
property by his negligenw or wilful defaulf; i :
Cf) continue liable to account to the Court after he
has oeased to be manager for hie rewipts and disburse-
ments during the period of his malagership;
(g) be paid such allowance out of the property of
the ward as the Court thinks fit.
Employees 30. Every guardian, manager, or other servmb of the
of court Court, shall be deemed to be a "public eervant" within
deemed to the meaning of aections 161, 162,163,164 and 166 of
be servants. yublio the Indian Penal Code, and in the definition of legal EgV
remuneration contained in the said section 161, the of Isso.
word "Government" shall for the purposes of this
section, be deemed to include the Court.
Manager and 31. Every manager or other servant of the Court
other entrusted with the receipt, oustody or control of moneys
servants to or securities for money on behalf of the Court or with the
!: eitj$o management of any property under its superintendence
aooountants shall be deemed to be a public accountant within the F:$rg
and amen- meaning of the Public Accountants' Default Act, 1860, .f lsao. dable to lCTamil Nadul and shall be amenable to the provisions of the l[Tamil Tamil
Rseulation Nadu] Revenue Malversation Regulation, 1822, as if Nadu
IX of 1822. he were a a[ 1 servant of the ?fig
Collector's public establishmentis.
1 These words were substituted for the word ''Msdnre" by the
Tamil Nadu Adaptation of Laws Order, 1969, a8 amended by the
94 Nedu Adaptation of Laws (Seoond Amendment) Order, 1069,
whioh we into f-me on the 14th January 1969.
* Therood '* nw~ve" wan omittea by the Adaptation (Amend-
rat) Order of 1960. *
1902 I T.N. Aet I] Court of War& 486
82. Unless the Court otherwise direots, all moneys Regulation
1 received by, or on behalf of, the Court on aocount of :fz:ydd
f the property of any ward, shall be employed in meet-
ing the ohmgee included in Qass I hereinafter speci-
fied before it is employed in meeting the charges in
Classes I1 and I11 hereinafter specified, and in meeting
, the oharges in Clase 11, before it is employed in meeting
those in ass 111. ..,..,g,
ch8 1. [l\l
Charges nm for the maintenance, residence,
eduoation, marriage and indispensable religious
observances of the ward and his family.
Charges necessary for the management and supervi-
sion of the property of the ward.
Charges on account of Government revenue and of all
oesses and other public demands due in respeot of suoh
property, or any part of such property.
Class II.
Charges on account of rent, ceases or demands due ti o
any superior landholder in respect of any land held on
behalf of the ward.
The liquidation of debts payable by the ward.
Expenses necessary to protect the interests of the
ward in the oivil courts or otherwise.
The maintenance in effioient condition of the estates,
buildings and other immovable property and the
suitable upkeep of the Mture, equipage, live-stock
and other movable property belonging to the ward.
Class III.
The payment of suoh ohargea for the religious obser-
vances of the ward and hie family and of suoh religious,
oharitable and other allowmoes, and of suoh donsbiona
befitting the position of the ward's family, as the Courb
may authorize to be paid:
4 36 Court of Ward8 \ [I902 : T.N. Ad 1
The prcvention and relief of distress among the
ward's tenantry.
The improvement of the land and property of the
ward and the benefit of the ward and his property
generally.
lurplus how 33. Any surplus which remains after providing, so ,
to be dealt far 85 the Court deems fit for the objects mentioned in
with, section 32, shall be .applid in the purchase of other
landed propcrty, or invostcd at interest on the security
of-
(a) promissory notes, debentures, stock and other
securities of tho l[Ccntral Government] ;
2[(B) bonds, dobenturcs and annuities charged
by the Pwliaincnt of tho Unitcd Icingdom before
the 15th day of August 1047, on thc revenues of
India or of the Governor-Gcneral in Cou~lcil or of any
Provinco ;I
(c) stock, or debentures of, or shares in, railways
or other companies, the interest whereon has been
guaranteed by the Secretary of State for India, in
Council ; .
(d) debentures, or other securities for money,
issued by, or on behalf of, any local authority under the
authority of "any Central Act, any Provincial Act as
defined in clause (46) of section 3 of the General
Clauses Act, 1897, or '(any State Act)] ; -- . -- - .-
I These words wore substituted for the words "Government of
.Ind~a" by tho Adaptation Order of 1937.
2 This clauso was substit~~tod by the Adaptation (Amendment)
Order of 1950 for tho original clause as amended by the Adaptation
Ordor of 1937.
3 Tho words, letters, figures and brackets " any Central Act,
any Proviticial Aot as defined in clause (40) of scotion 3 of tllu
General Clauses Act, 1897, or any Aot of tho Legislature of a Part
A State or a Part C Stah" wero substituted for the words "any
Act of a Legislature, established in British India " by the Adaq;
!tation (Amendment) Order of 1950 and tho wofds " any State Act
were substituted for the words and letters " any Act of the Legie.
eture of a Part A State or a Part C State " by seotion 4 of, end
the ~hird Schedule to, the Tamil Nadu Repealing and A-dicg
Aet, 1967 (TamilNadu Aot XXV of 1957).
-. .--. .=
1902 : T.N. Act I] Court of Wards 4 87
(e) such other securities, stock, or shares guaran-
teed by the l[Central Government] or the =[State
Government] as the Court shall deem fit ; or, ,
Cf) first mortgages of immovable property situab
in SIIndia] provided thab the property is not a, lease-
hold for a term of years and that the value of the
property exceeds by one-third or if consisting of
buildings, exceeds by one half, the mortgage-money.
4 [84. (I)]. A ward shall not be competent- Disabilities
of wards.
(a) to transfer or create any charge on, or interes*
' in, any part of his property which is under the superin-
tendence of the Court, or to enter into any contract
or to make any acknowledgment involving him in
pecuniary liability personally or in respect of such
property ; but nothing in this clause or in section 23
shbll 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 pecu-
niary liability, except such as, having regard to the
personal law to which he is subjeat and to his rank
and circumstances, the Court may, in writing, declare
to be reasonable ;
-
1 These worde were substituted for the worda " Government
of India " by the Adaptation Order of 1937.
a The worde '' Provinoial Q~vernment " were substituted for the
words " Looal,.kvernment by the Adaptat5n Order of ,!937
and the word State " was substituted for Provincial by
the Adaptation Order of 1960.
a The words and lettera " e Part A State or Part C State "
were substituted for the words " British India by the A$pta-
tion (Amendment) Order of 1960, and the word " India was
substituted for these words by section 4 of, and the Third Schedule
to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil Nadu
Act XXV of 1967).
In so far as this Act applies to the added territories, this word
was substituted for the words, figures and letters "any part of
India which, immediately before the 1st day of Np~ember 1968,
was oomprised in a Part A State or a Part C State by section 4
of, and the Second Schedule to, the Tamil Nadu (Added Territories)
$xteneion of Laws (No. 2) Act. 1961 (Tamil Nadu Act 39 of 1981).
'Seotion 34 wae renumbered tlsl sub.section (1) of section 84
by seotion 2 of the Madras Court of Warda (Amendment) Act,
1.933 (Madree Act XVU of 1933).
I
Court of Ward8 [I902 : T.N. Act I
(b) i o grant valid receipts for the rents and profits
arising or accruing from such property or for debts
or other moneys due to the estate ;
(c) to adopt or to give a written or verbal permis-
sion to adopt, without the consent of the Court ;
(d) to dispose of his property by will without the
oonsent of the Court :
Provided first, that the Court , shall not with-
hold its oonsent under clause (c) or (d) if the adoption
or testamentary disposition is not oontrary to the
personal or special law applioable to the ward, and
does not appear likely to muse pecuniary embarrass-
ment to the property, or to lower the influenoo or
respectability of the family in publio estimation :
Provided, secondly,that the Court may confirm a
will or an adoption made, or a permission to adopt
given, 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
seotion 18.
l[(2) No claim under aection 68 of the Indian &ntrel
Contract Act, 1872, shall be enforceable against ~ct xI '
the property of a ward which is under the superin- Of 18720
tendence of the Court ; but the Court rhay, in its
diicretion, satisfy in whole or in part, any such olaim.]
Powers of
Court as to 35. The Court may mortgage or sol1 the whole or
Property under any part of any property under its superintendence
its superin- and may give leases or farms of the whole or any
tendence. part of such property for such terms as it thinks
fit, and may make remissions of rent or other dues,
and may generally pans such orders and t16 such acts
not inconsistent with the provisions of this or any
other Act for the time being in force as it may judge
to be for the advantage of the ward or for the benefit
of the property
-7-
L This sub-seotion was added by seotion 2 of the ~sdrae OoPrJ
of Wudv (Amendment) Act, 1933 (M&ee Act XVII ~f 1935.
; 1902 : T.N. Aet I] Court of Wards 489
i
36. The Court may order such establidhments to be ~stablish-
end employed and charges to be incurred as it shall consider GzfbUtiOn of
requisite for the oare and management of the persons chergee.
and properties under its superintendence, and generally
for all the purposes of this Ad, and may order that
such charges shall be borne by and distributed amongst
the said properties in such proportions as it deems fit.
CHAPTER V.
37. (1) On the publication of a notification under ~~~~;l~~~&
section 19, the District Collector therein specified to notify
may, at any time with the previous sanction of the claime.
'[State Government] publish in the Gazette of the
district or districts in which such property may be
situate a notice in English and in the vernacular
oalling upon all persons. having pecuniary olaima,
whether immediately enforceable or not against
the ward or his property to notify the same in writing
to the Collector within six months from the date
of such notification.
(2) The notice shall also be published at such - places and in such other manner as the court may,
by general or special order, direct and shall be sent
by registered post to every person who is known
to the Collector as having a pecuniary claim against
the <ward or his property and of whose address the
Collector is credibly informed.
(3) The l[State Government] may at any stage
of the proceedings under sections 37, 38 and 40 invest
any person either by name or in virtue of his office
with the powers of e Collector for any or all of the
purposes of these sections.
1 The wo$a " Provincial Govepnent " were substituted for
the words Looal ,Fvenunent by the Adepte;qion Order :$
1937 and the word State " was substituted for Provincial
by the Adaptation Order of 1950.
,490 'Court of Wards. [I902 : T.N.. Act.1
Ezpla.nation.-A claim shall be deemed to be
pecuniary for the purpose of this section and sections
. . 38 and 41 notwithstanding that a suit for its enforce-
ment or a reference of such claim to arbitration is
pending or that a decree or award has been passed
establishing the same.
Cleimanta to 38. (1) Every such claimant shall within the period furnieh full and prescribed by section 37, notify to the Collector in
doournente. writing his claim with full particulars thereof :
Provided that any claim presented after the
expiration of such period and within a, further period
of six months may be admitted if the claimant satisfies
the Collector that he had sufficient cause for not
notifying the claim at an earlier date.
(2) Every document (including entries in books of
account) in the possession of or under the control of the
claimant on which he founds his claim, shall be pro-
duced before the Collector with the statement of
claim or within such time after the preferring of the
claim as may be allowed by the Collector in that
behalf :
Provided that if the claim relates to an amount
secured by a decree or award, it shall be sufficient for
the claimant to produce before the Collector a certified
copy of the decree and a certificate fro111 the Court
which passed or is executing the same declaring
the amount recoverable thereunder or a true copy
of the award and a statement of the sum recoverable
thereunder as the case may be ; and if the claim is
pending adjudicstio~ in any court or has been referred
.to arbitration, it shall be sufficient for the claimant
to produce a certified copy of the plaint or a true copy
of the reference to arbitration as the case may be.
I
(3) It shall be lawful for the Collector to require
the production by any claimant of such of tho docu-
ments in his possession or power relating to his alaim
.other than the docume~ts, if any, produced under
sub-seation (2) as the Colleqtor may oonsider.ne9ess~r~1.
:
I I
1 1902: EN. Act I] Court of Way& 891
(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 original to the claimant. . .
39. Nothing contained in sections 37 and 38 shall ~~~l'Pthe j
apply'to- any peciiniary claim of I[the Government] Government, .
or any local authority, or to claims for maintenance etc.~ not
or for wages or salaries due to servants. affected.
40. The Collector shall after making such inquiry ~laiills
as he may deem fit, decide which claims notified or ;P;fE,",d. and
admitted under sectidn 38 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
construed as precluding any claimant from continuing
or instituting proceedings in any civil court in respeot
of any claim whether such claim be allowed or dis-
allowed by the Court in whole or in part.
41. Every pecuniary claim against the ward or Claims not
notified cease
his property which has not been duly notified to, or to carry
admitted by, the Collector under section 38 shall interest, eto.
notwithstanding any law, contract, decree or award
to the contrary, cease to carry interest from the
expiration of the period prescribed by section 37, and
shall not be paid until after the discharge or sattisfac-
tion of the claims notified or admitted under section 38.
42. NO document in the possession or under the In admissibility
oontrol of the claimant which should have been, but ~~~","~~~t8
has not been, produced in accorda,nce with the require* not produced.
ments of section 35 shall be admiiible in evidence
'against the ward or his representative in any suit
1 The words,," the Crown " were substituted for the word
" Government by the Adaptation 'Pder of, ,1937 end the word
'' Government " was substituted for Crown by the Adaptation
Order of 1950. . . , .. . \
Court of War& , [I902 .: T.N. Act I
brought by or against the daimant, or any person
olaiming under him unless it be proved to the satis-
faotion of the civil court that it was not within his
power to produoe suoh dooument before the Colleotor
43. (1) When any property of a ward is in the
ye possession of a mortgagee, or any person alsiming gegee pmerweeion under a mortgagee, the '[State Government] may,
may be on being satisfied that it is expedient in the publio
di8poseessed. interest that the estate should be preserved and that
suoh inoumbrancter should deliver up possession of
the mortgaged property, make a deolaration to that
effeot, and direct the Court to take possession thereof ;
the Court shall, thereupon by an order in writing,
require suoh inoumbranoer to deliver up possession
of the same to the manager at the end of the then
ourrent revenue year.
(2) If suoh inoumbranoer refuses or negleots
to obey suoh order, the Colleotor may, without re-
sorting to a oivil oourt, enter upon the property, and
summarily eviot therefrom the said inoumbranoer
and any other person obstruoting or resisting on his
behalf.
(3) The dispossession of the inoumbranoer under
sub-sectiom (1) and (2) shall not deprive him of any
summary powers whioh he would hve had under
the Madras Rent Recovery Aot, 1865,' for the recovery 2py~n
of arrears of rent due to him at the date of his ,f 1865.
dispossession.
(4) If in the instrument of mortgage under whioh
the inoumbranoer iu in possession of the property,
no rate of interest is specified, the Collector shall, in
cases where the mortgage debt has been notified to
or admitted by him, offer to the inoumbrancer the
rate of interest whioh appears to him to be reason-
able ; and pass an order fixing the rate aooordingly . ---
1 The words " Provinoial CSovemxwnt " were substituted for
the words "Lod Qov~ftt" by the Adaptation Order of 1
1957 \ and the word " Stete waa eubetituted for ''Provinci~ by the Adaptation Order of 1960.
&bpadd by Tenail Nedu Bat I of lW8.
1902 : T.N. Act I] Court of Wards
i
Copy of the b; order shall be served upon the
inoumbranoer '-ni the manner presaribed by the
Code of Civil Prooedure l for semi- of summons
t x~v upon a defendant. If the inoumbranoer be dissatisfied
1882. with the rate of interest so ked, he may, within
three months from the date of servioe upon him of
suoh order, institute a suit against the ward in a
i distriot court within whose jurisdiction the property
j mortgaged or any portion thereof is situate, and the
said oourt shall, if the mortgage debt has been notified
k or admitted as aforesaid, pass a deolaratory dearee
fixing suoh rate of interest as to it may seem reasonable.
If no such suit be instituted within the said period,
the inaunbranoer shell be deemed to have agreed
to the rate fixed by the Colleoiar.
(6) If an inoumbranoer is dispossessed under
this seotion, the money due to him under the instrument
of mortgage at the date of suoh disposse8sion together
with subsequent interest on the unliquidated
prinoipal of the mortgage debt at the rate stipulated
in the said instrument, and in the absenoe of suoh
stipulation at the rate determined as hereinbefore
provided, shall, subjed to the provisions of seation 41,
and subjeot to the ohmges speoified in olasses I and II
in seotion 32, exoepting the liquidation of debts payable
by the ward, and the provisions with referenoe to the
upkeep of the furniture, equipage, live-stook and
other movable property belonging to the ward,
be recoverable together with any money whioh he
may be legally entitled to add to the prinoipal money,
on the security of the property mortgaged and of the
rents and profits arising or acoruing therefrom
subsequent to the date of suoh dispossession, in the
same manner as if he were a simple mortgagee under
the said instrument of suoh property and of suoh
rents and profits.
(6) The Colleotor shall, as soon as oonveniently
may be, after the expiration of the revenue year
oommenoing with the date of suoh dispossession and
of every auooessive revenue year deolare, subjeot to
the approval of the Court, the gross annual rents
-
1 See now the Code of Civil -dm, 1908 (Central Aot V of
1908). -'
-.
Cburt of Wards [I902 :. T.N. Act 1
and profits realized from such property, the several
heads of expenditure and the balance and suoh
declaration shall bo oonclusive' evidence of tho
statement therein contained. A oopy of such declaration
shall be furnished to the dispossessed incumbrancer
free of charge.
Provision 44. (1) When any proporty of a ward is in the
lcaeox possession of any person claiming to hold under a
for ineuffloient lease granted by the ward and dated wit.hin the three
consideration. years immediately preceding the commcnooment
of the superintendonce or of any person claiming
under such lessee, the Collector may inquire into
the sufficiency of the consideration for which the
lease was granted ; and if such consideration appears
to him inadequate, he may, with the previous sanction
of the Court, give notice in writing that the losse
shall determine at the end of the then cilrrcnt rovonue
year unless the lessee or any one claiming under
him pays or agrees to pay such additional consideration
as may be mentioned in such notice within a date
therein fixed. If within such date such person does
not pay or enter into an agreement to pay the additional
oonsideration demanded, or suoh other consideration
as the Collector may be willing to accept, the lease
shall determine at the end of the then current revenue
year :
. Provided that such person may, if dissatisfied
,with the said notice of the Colleotor, institute a suit
against the ward within three months from the date
of service of suoh notioe in a district court within
whose jurisdiction the property comprised in the
lease or any portion thereof is situate for determining
whether the consideration for the lease was adequate,
and if not, whether the additional consideration
demanded by the Collector or what other amount is
reasonable.
(2) If the said district oourt be satisfied that^ the
lease was granted for adequate consideration and
ib is not shown to be otherwise invalid, it shall pass a
dearee establishing the validity of the lease.
9.N. !Act I1 '0ourt of Wards 493 '
(3) If the district court holds the consideration
for the lease to be inadequate, it shall determine
the amount of additional consideration to be paid
by the lessee.
(4) If no such suit be instituted or if on the
institution of such suit the lessee does not wit

Excerpt shown. Open the full act in Lexace.

‹ Prev All Tamil Nadu acts Next ›