LexThe Telangana Court of Wards Act, 1350 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA COURT OF WARDS ACT, 1350 F.
(ACT NO. XII OF 1350 F.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY.
1. Short title, commencement and extent.
1-A. Effect of Regulations LX and LXIX of 1358F. on this
Act.
2. Repeal, amendment and effect of repeal.
3. Definitions.
CHAPTER II
CONSTITUTION OF THE COURT.
4. Appointment of the Court.
5. Powers of Government.
6. Mode of exercise, and delegation of Court’s
powers.
CHAPTER III
ASSUMPTION OF SUPERINTENDENCE OF
PERSON AND PROPERTY.
7. When may owners, be deemed to be disqualified.
8. Protection of person and property of successors on
death or disappearance of owner.
9. Recovery of expenses incurred for protection of
property.
10. Inquiry into circumstances of owner by order of
Court.
2 [Act No. XII of 1350 F.]
11. Interim orders for protection of heirs and property in
certain cases.
12. Order for assumption of superintendence by Court
and notifying it.
13. Superintendence of Court on application of owners.
14. Superintendence to extend to whole of wards’
property Orders as to commencement of
superintendence to be notified.
15. Bar of suits against Court.
CHAPTER IV
MANAGEMENT AND GUARDIANSHIP.
16. Collector to take charge of ward’s property.
17. Powers of Collector.
18. Allowance for ward and his family.
19. Custody, education and residence of ward.
20. Court to appoint manager etc.
21. Collector to act in absence of guardian or manager.
22. Who may appoint guardian.
23. Duties of guardian.
24. Powers of manager.
25. Duties of manager.
26. Employees of Court to be deemed Government
servants.
27. Regulation of expenditure.
28. Application of surplus.
29. Acts which ward cannot do.
30. Powers of Court as to property under
superintendence.
[Act No. XII of 1350 F.] 3
31. Expenses for superintendence.
32. Eviction of person from possession of ward’s
property.
33. Rent, profits and other sums recoverable as land
revenue.
34. Immovable property under Court’s
superintendence not to be sold for payment of land
revenue.
CHAPTER V.
ASCERTAINMENT OF DEBTS.
35. Notice for filing claims.
36. Claims to be submitted with full particulars.
37. Government claims etc., not to be affected.
38. Effect on subsequent transaction.
39. Claims admitted or disallowed.
40. Execution of decree to be stayed till certificate is
produced.
41. Inadmissibility in evidence of document not
produced under section 36.
42. Stay of execution against property of ward...
43. Notice of withdrawl of superintendence and its
effect.
44. Provisions regarding leases with inadequate
consideration.
CHAPTER VI
SUITS.
45. Civil Court not to entertain suits regarding exercise
of discretion.
4 [Act No. XII of 1350 F.]
46. Suit not to be instituted without written notice to
Collector.
47. Suit or proceedings by or against ward.
48. Costs of suits to be charged to ward’s property.
49. Suits not to be instituted on behalf of ward without
leave of Court.
50. Settlement of disputes between two or more wards.
51. Procedure for arbitration in suits between wards.
52. Court not liable for expenses.
CHAPTER VII.
WITHDRAWAL OF SUPERINTENDENCE OF
PERSON AND PROPERTY.
53. Withdrawal of superintendence.
54. Withdrawal of superintendence when debts cannot
be liquidated within reasonable time.
55. Withdrawal of superintendence of estate taken over
under section 13.
56. Circumstances in which superintendence may
continue.
57. Disqualifications of owner.
58. Appointment of guardian before release.
59. Recovery of expenses after release of estate.
60. Procedure where succession is disputed.
61. Retention of superintendence when there are more
owners than one.
62. Powers in respect of property the superintendence
of which is retained.
63. Delivery of documents and accounts on withdrawal
of superintendence.
[Act No. XII of 1350 F.] 5
64. Notification for withdrawal of superintendence.
65. Withdrawal of superintendence without discharging
liability.
CHAPTER VIII.
MISCELLANEOUS.
66. Power of Court in regard to religious endowments,
of which ward is hereditary mutawalli or manager.
67. Penalty for abetment in marriage.
68. Power to compel attendance of witnesses.
69. Appeals.
70. Power to make rules.
THE TELANGANA COURT OF WARDS ACT, 1350 F.1
ACT No.XII OF 1350 F.
CHAPTER I
PRELIMINARY.
1. This Act may be called, 2[the Telangana Court of Wards
Act, 1350 F.,] and shall come into force in 3[the State of
Telangana] from the date of its publication in the 4[Official
Gazette].
5[1-A. With effect from the commencement of the
6[Telangana Board of Revenue Regulation, 1358 Fasli (LX of
1358 Fasli)] and the 6[Telangana (Abolition of J agirs)
Regulation, 1358 Fasli (LXIX of 1358 Fasli),] respectively, the
provisions of this Act are subject to the provisions of the
said Regulations.]
2. (1) On the commencement of this Act, the Hyderabad
Court of Wards Act No. V of 1307 Fasli, hereinafter called
the said Act, shall be repealed.
(2) The person or property taken under
superintendence, rules enforced, appointments made,
1. The Andhra Pradesh (Telangana Area) Court of Wards Act, 1350 F. in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the words “Telangana area of the State of Andhra
Pradesh” by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
4. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation
of Laws Order, 1957 (A.P.A.O. 1957).
5. Inserted by the Andhra Pradesh Adaptation of Laws Order, 1957.
6. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Repeal,
amendment and
effect of repeal.
Short title,
commencement
and extent.
Effect of
Regulations LX
and LXIX of
1358F. on this
Act.
2 [Act No.XII of 1350 F.]
notifications and orders issued, powers co nferred and
duties imposed, contracts, leases and p attas granted, rights
acquired, liabilities incurred and acts done under the said
Act or any enactment repealed thereby, shall, so far as they
are not inconsistent with this Act, be deemed to have been
taken under superintendence, enforced, made, issued,
conferred, imposed, granted, acquired, incurred and done
under this Act.
(3) Any reference to or mention of the said Act in any
law, instrument or voucher, shall be deemed to be a
reference to, or mention of this Act or any portion thereof
applicable to such law, instrument or voucher.
3. In this Act unless there is anything repugnant in the
subject or context,-
(a) „ward‟ means any person whose property or whose
person and property has or have been taken under the
custody and superintendence of the Court of Wards under
this Act or by a Firman of H. E. H. t he Nizam 7[passed
before the commencement of the Constitution of India] or
an owner whose property has been notified under section
13, to have been taken under the superintendence of the
Court of Wards;
(b) „owner‟ shall mean the following persons:-
(1) any person who owns land or has a life interest
therein.
7. Inserted by the A.P.A.O. 1957.
Definitions.
[Act No.XII of 1350 F.] 3
8[(2) Jagirdar, Hissadar -i-Jagir and Guzarayabi -Jagir
as defined in the 9[Telangana (Abolition of Jagirs)
Regulation, 1358 Fasli;]]
(c) „minor‟ means a person who has not attained the
age of 21 years;
(d) 10[„Collector‟] includes the Nazim, Court of Wards.
(e) „Court‟ means the Court of Wards.
CHAPTER II
CONSTITUTION OF THE COURT.
11[4. The Board of Revenue shall be the Court, and for the
purposes of this Act, the Collector shall be subject to the
orders of the Court].
5. The Government may examine any order made or
proceeding taken under this Act, and may modify, rescind
or reverse it. The Court shall be subject to the control of the
Government.
6. (1) The Court may exercise all or any of the powers
conferred upon it by this Act either directly or through the
12[XXX] 10[Collector] within the limits of whose jurisdiction
any ward resides, or any part of the property of any ward is
situate, or through any other person whom the Court may, in
respect of the property of any ward or any part thereof or for
any local limits, appoint for this purpose.
8. Substituted by the A.P.A.O. 1957.
9. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
10. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
11. Substituted for section 4 by the A.P.A.O. 1957.
12. The word “Subedar” was omitted by the A.P.A.O. 1957.
Appointment of
the Court.
Powers of
Government.
Mode of exercise,
and delegation of
Court‟s powers.
4 [Act No.XII of 1350 F.]
(2) The Court may, with the sanction of the
Government or under any rule made under this Act,
delegate any of its powers to any 13[XXX] 14[Collector] or any
other person appointed under sub-section (1).
CHAPTER III
ASSUMPTION OF SUPERINTENDENCE OF PERSON AND
PROPERTY.
7. (1) For the purposes of this Act an owner shall be
deemed to be disqualified for the management or control of
his property,-
(a) whose property or person and property has or
have been taken under the custody and superintendence of
the Court by a Firman of H. E. H. the Nizam 15[passed
before the commencement of the Constitution of India];
(b) who is a minor;
(c) who has been adjudged by a competent Civil
Court to be of unsound mind and incapable of managing his
property;
(d) who is a female and declared by the Government
to be incapable of managing the property;
(e) who has been declared by the Government to be
incapable of managing property on the following grounds:-
(i) any physical or mental defect or infirmity, or
(ii) conviction for a non -bailable offence, his
conduct or vice, or
13. The word “Subedar” was omitted by the A.P.A.O. 1957.
14. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
15. Inserted by the A.P.A.O. 1957.
When may
owners, be
deemed to be
disqualified.
[Act No.XII of 1350 F.] 5
(iii) extravagance or failure, without reasonable
cause, to repay and discharge the debts and liabilities:
Provided that no person shall be declared to be
disqualified under clause (e), unless he is a jagirdar,
hissedar or guzarayab - I - Jagir and unless the Government
is satisfied,-
(a) that the aggregate annual interest payable at the
contractual rate on the debts and liabilities due by the owner
exceeds one-third of the gross income of the property; and
(b) that the property is likely to be dissipated on
account of extravagance o r failure to repay and discharge
the debts and liabilities.
(2) No person shall be declared to be disqualified
under clause (d) or (e) of sub -section (1) unless the person
concerned has been informed of the grounds on which it is
proposed to disqualify h im and he has had an opportunity
to show that there is no ground for disqualifying him.
(3) No cause of action shall arise for a suit in a Civil
Court in respect of any action taken under clause (d) or (e)
of sub-section (1).
8. (1) When a 16[Collector] receives information that any
owner who resided or whose property is situated within his
territorial jurisdiction, has died or disappeared and has
reason to believe that successor of such owner whether by
survivorship or inheritance or will or gift, is a person who is
or should be declared to be disqualified under section 7, the
16[Collector] may,-
16. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Protection of
person and
property of
successor on
death or
disappearance of
owner.
6 [Act No.XII of 1350 F.]
(a) subject to the directions and control of the Court,
take possession of the property of the deceased or missing
owner, and appoint a manager thereof or make such order
or take such measures for the temporary custody and
protection of the said property as he deems fit. The
manager appointed under this clause shall exercise a ll the
powers conferred by this Act on a manager appointed by
the Court.
(b) if the successor be a minor, direct the person in
whose custody or protection the minor is to produce him or
cause to be produced at such time and place, and before
him or any person appointed by the 17[Collector] for this
purpose. The 17[Collector] may make suitable orders for the
temporary custody and protection of such minor, and if the
minor be a female such direction shall be given with due
regard to the custom and usage of the country.
(2) Any action taken by the 17[Collector] under sub -
section (1) shall be reported by him without undue delay to
the Court, which shall decide whether the 17[Collector]
should withdraw his management or submit a repor t under
section 10.
9. The expenses incurred by a 17[Collector] acting under
section 8, shall, whether or not the property is taken over by
him or a manager appointed, be charged on the property
concerned, and shall be recovered from the owner or the
person whom the 17[Collector] may declare to be in
possession of such property as an arrear of land revenue.
10. (1) Where a 17[Collector] has reason to believe that any
owner residing, or having his property situated, within his
territorial jurisdiction, is or should be declared to be
disqualified under section 7, he shall report the facts and
17. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Recovery of
expenses incurred
for protection of
property.
Inquiry into
circumstances of
owner by order of
Court.
[Act No.XII of 1350 F.] 7
circumstances to the Court, and shall in accordance with the
direction of the Court, make such inquiry, as may be
necessary, into the circumstances of such owner and extent
of his indebtedness.
(2) The Court as also the Government may on their
own motion direct any 18[Collector] within whos e territorial
jurisdiction any owner, who is or should be declared to be
disqualified under section 7, resides, to make such inquiry
as may be necessary, into the circumstances and debts of
such owner.
(3) The 18[Collector] may either himself make an inquiry
under sub-section (1) or (2) or direct a 19[Deputy or Assistant
Collector] or any other person to make necessary inquiry.
(4) The officer conducting an inquiry under this section,
shall in addition to notifying in the 20[Official Gazette] the
date appointed by him for inquiry, notify the same in such
manner as the Government may by a special or general
order prescribe in this behalf. He shall also cause to be
served a notice on the owner, and where the owner is a
minor, on the person having custody or charge of the
person or property of the owner or both, and shall give them
an opportunity to be heard and to adduce evidence.
(5) From the date of the notification in the 20[Official
Gazette] the owner shall be subject to the prohibitions
mentioned in section 29 so long as inquiry is proceeding
and until the orders of Government are passed thereon.
18. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
19. Substituted for the word “Duwam Talukdar ” (Second Talukdar) by
the A.P.A.O. 1957.
20. Substituted for the word “Jarida” by the A.P.A.O. 1957.
8 [Act No.XII of 1350 F.]
(6) After the aforesaid inquiry, the 21[Collector] shall
submit a report to the Court setting forth all the
circumstance of the case.
(7) The question whether the provisions of this section
have been complied with, shall be decided by the
Government whose decision shall be final.
11. The Court shall submit the report received under
section 10 along with its opinion thereon to the Government,
and may, pending orders of Government, adopt necessary
measures at its discretion, fo r protection of the person and
property of the owner.
12. (1) Where the Court has assumed protection and
superintendence of the property or person and property, of
the owner under clause (a) of sub -section (1) of section 7,
the Court shall cause the Firman of H.E.H. the Nizam to be
published in the 22[Official Gazette].
(2) T he Government may, on the Court ‟s
recommendation order the Court to assume protection and
superintendence of the property or person and property of
the owners mentioned in clauses (b), (c), (d) and (e) of sub -
section (1) of section 7. An order made by Government shall
be published in the 22[Official Gazette].
13. Any owner may apply in writing to the Government to
have his property placed under the superintendence of the
Court, and the Government may, on such application, if it is
of opinion that it is expedient in the public interest and f or
the benefit of the applicant ‟s family to protect his property,
and that the said property is of such value that economical
management by the Court is practicable, order the Court to
21. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
22. Substituted for the word “Jarida” by the A.P.A.O. 1957.
Interim orders for
protection of heirs
and property in
certain cases.
Order for
assumption of
superintendence
by Court and
notifying it.
Superintendence
of Court on
application of
owners.
[Act No.XII of 1350 F.] 9
assume the sup erintendence of the property and notify
accordingly in the 23[Official Gazette].
14. (1) The Government may, for the purpose of
publication of the Firman of H.E.H., order and notification
under sections 12 and 13, prescribe generally any other
manner in addition to the 23[Official Gazette]. In view of any
special case, the Government may i n addition to the
prescribed mode determine any other special manner.
(2) On publication under sub -section (1), the Court
shall appoint the 24[Collector] or any person who shall under
this Act, discharge the duties of a 24[Collector].
(3) With effect from the date of publication of Firman of
H.E.H. and order under sections 12 and 13 the owner shall
be deemed to become a ward and the protection and
superintendence of his person or property or both by the
Court shall be deemed to take effect from the said date.
(4) With effect from the said date all movable and
immovable property of the owner whether the Court has or
has not knowledge thereof, shall be deemed to be under the
superintendence of the Court.
(5) Where after the Court has assumed
superintendence, the ward has inherited any property or
acquired any right or is otherwise declared entitled to any
property or right, such property or right shall be deemed to
be under the superintendence of the Court:
But the Court may, in the interest of the w ard, assume
or refuse to assume superi ntendence of any property or
right, other than that vested in him as successor or
23. Substituted for the word “Jarida” by the A.P.A.O. 1957.
24. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Superintendence
to extend to whole
of wards‟ property
Orders as to
commencement
of
superintendence
to be notified.
10 [Act No.XII of 1350 F.]
representative and which after the date of publication of the
order of the Government accrues to the ward in any manner
other than in the capacity of the successor or representative.
15. No suit against the Court shall be instituted in any Civil
Court on the ground that the Court has exercised its powers
of superintendence of the person or property of a person
who was or is not an owner or a minor.
CHAPTER IV
MANAGEMENT AND GUARDIANSHIP.
16. When the Court has assumed superintendence of the
property of a ward, the 25[Collector] named in the
notification under sub -section (2 ) of section 14, or if so
directed by the Court, the 25[Collector] of the district in which
any part of the property is situate, shall take possession and
custody of the property on behalf of the Court and manage
it in accordance with the rules made under this Act.
17. A 25[Collector] who takes the property in his
possession and custody, may,-
(a) require any person in possession of any movable
property to the possession of which the ward is entitled or of
any accounts or papers relating to the property of the ward
to deliver up such property, accounts or papers to him
within a specified time;
(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 receptacle in any house
in possession of the ward, break open or authorise to break
open such house, or room, box or receptacle for the
25. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Bar of suits
against Court.
25[Collector] to
take charge of
ward‟s property.
Powers of
25[Collector].
[Act No.XII of 1350 F.] 11
purpose of searching for such property or accounts or
papers, and take or authorise any other person to take every
precautionary measure for preventing clandestine removal
of accounts, papers or property from such house or room:
Provided that an entry into any house or room
occupied by a pardahnashin lady shall not be lawful unless
sufficient time and adequate facilities are afforded to her for
withdrawing therefrom;
(c) summon for examination any person who is or was
in the employ of the ward and any person who was in the
employ of the deceased owner from whom the ward got the
property; and defray the necessary expenses for
summoning and attendance o ut of the profits from the
ward‟s property;
(d) require all persons in possession of the immovable
property of the ward or interested therein, to produce
documents in respect of their possession or interest.
18. The Court may, from time to time, determine the sums
to be allowed for the expenses of any ward, his family and
dependents.
19. The Court may, at its discretion, make orders and
arrangements for the custody, residence, education and
marriage of the following persons:-
(a) ward whose person is under the superintendence of
the Court;
(b) any minor member of the ward ‟s family who in the
opinion of the Court, should be maintained at the charge of
the ward‟s property;
Allowance for
ward and his
family.
Custody,
education and
residence of ward.
12 [Act No.XII of 1350 F.]
(c) ward ‟s next male heir being minor and entit led to
maintenance.
20. (1) The Court may appoint a guardian for the person of
the ward and manager for his property and may supervise
their work or remove them.
(2) The Court may, at its discretion, obtain from the
person appointed under sub -section (1), security and
guarantee for the perfo rmance and discharge of duties and
may pay, if necessary, adequate remuneration for his
service, from the property of the ward.
(3) An appointment made under sub -section (1) shall
terminate on cessation of superintendence of the Court.
(4) The appointment of a guardian under this section,
shall be subject to the provisions contained in 26[sections 3
and 17 of the Guardians and Wards Act, 1890.]
21. Where no guardian or manager is appointed by the
Court for the person or property of the ward or such office is
temporarily vacant, the 27[Collector] specified in the
notification under section 14, or any other person whom the
Court may appoint for this pur pose, may, under the control
of the Court, do all acts that might be done by such
guardian or manager.
22. (1) No person being the next legal heir of a ward or
appearing to have a direct or indirect advantage in the death
or c ontinued disqualification of such ward, shall be
appointed as a guardian: Provided that the Court may, at its
discretion, appoint as guardian, the mother of a ward or any
26. Substituted for “sections 2 and 11 of the Hyderabad Guardianship
Act No.V of 1317 F.” by the A.P.A.O. 1957.
27. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Court to appoint
manager etc.
27[Collector] to act
in absence of
guardian or
manager.
Who may appoint
guardian.
Central Act 8 of 1890.
[Act No.XII of 1350 F.] 13
person who was appointed as guardian by will by any
person empowered to make such appointment.
(2) Where a ward belongs to female sex a female shall
be appointed to be her guardian, unless the Court, for
special reasons otherwise directs. A male guardian shall be
appointed for a minor who is a male above seven years of
age:
Provided that no guardian shall ordinarily be appointed
for a female ward whose husband is an adult.
23. (1) A guardian appointed under section 20 shall,-
(a) be charged with the custody of the ward and
subject to the control of the Court, make suitable provision
for his maintenance, health and education and for such
other matters as may be required by the religion and family
custom and usage of the ward;
(b) keep and submit accounts at the time prescribed
by the Court; for all moneys tha t may come in his control or
possession;
(c) pay the balances due from him as per the
accounts.
(2) The guardian shall continue to be liable to account
even after he has vacated the office.
(3) The guardian shall not, without the sanction of the
Court, do anything whereby the property of the ward is
encumbered or expenses are incurred.
Duties of
guardian.
14 [Act No.XII of 1350 F.]
24. Subject to the control of the Court, the manager may,-
(a) collect the income of the ward ‟s property under the
superintendence of the Court, and all moneys due to the
ward and grant receipts therefor;
(b) under the orders of the Court, grant or renew leases
for good management of the property and do any act for
which he has been authorised by the Court generally or
specially.
25. The manager shall deligently and faithfully manage the
property placed under his charge and shall,-
(a) keep and submit at the times and in the forms
prescribed by the Court, accounts of all such moneys as
may come under his control or in his possession;
(b) deal with all moneys received by him in such
manner as the Court may direct;
(c) without the sanction of the Court, not do anything
whereby the property of the ward is encumbered or
expenses are incurred;
(d) be responsible for any loss occasioned to the
property by his negligence or wilful omission of duties;
(e) continue liable to account even after he has ceased
to be manager.
26. Any guardian, manager or any other employee of the
Court, shall be deemed to be a Government servant for the
purposes of 28[Chapter IX of the Indian Penal Code, 1860]
28. Substituted for “Chapter IX of the Hyderabad Penal Code ” by the
A.P.A.O. 1957.
Powers of
manager.
Duties of
manager.
Employees of
Court to be
deemed
Government
servants.
Central Act 45 of 1860.
[Act No.XII of 1350 F.] 15
and the word “Government” used in the definition of “legal
remuneration” in 29[section 161] of the said Code shall, for
the purposes of this section, include the Court within its
meaning.
27. The whole income from the property of any ward shall
be expended on the following items, under the control of the
Court. The charges in Class I shall have priority o ver all
other charges and charges in Class II shall have priority over
charges in Class III.
CLASS I CHARGES
Charges necessary for the maintenance, residence,
education, marriage and indispensable religious ceremonies
of the ward and his family, and for the management and
supervision of his property.
Payment of land revenue, taxes and other Government
demands due in r espect of the ward ‟s property or any part
thereof.
CLASS II CHARGES.
Rent and other demands due on account of any land in
the possession of the ward and debts payable by the ward.
Expenses necessary for pursuing cases in courts and
departments or otherwise for the protection of ward ‟s
interests.
Charges for the maintenance of lands, buildings and
other immovable property of the ward and upkeep of the
furniture and other equipage or live -stock and movable
property.
29. Substituted for “section 138” by the A.P.A.O. 1957.
Regulation of
expenditure.
16 [Act No.XII of 1350 F.]
CLASS III CHARGES.
Under orders of the Court, payment of charges for the
religious observances of the ward ‟s family or of other
religious or charitable aids, allowances and donations
befitting the position of the ward ‟s family. Prevention and
relief of distress among the ward ‟s tenantry, improvement
and benefit of the property of the ward generally.
28. Any surplus, remaining after applying the income of the
ward‟s property to the items specified in section 27 may , in
consultation with the Finance Department, be utilised for the
purchase of immovable property for the benefit of the ward,
or be invested in the following securities :-
(a) p romissory notes debentures and stock of the
30[Government] or the Government of India;
(b) b onds, debentures and annuities charged by the
Imperial Parliament on the revenue of India or by the
30[Government] on the revenues of the State;
(c) s hares, debentures or stock in railways or other
companies the interest whereon is guaranteed by the
30[Government] or the Government of India;
(d) debentures or other securities for money issued
under any law, by any authority established in 31[the State of
Telangana] or in 32[any part of India];
30. Substituted for “Sarkar-i-Aali” (Government of Hyderabad) by
A.P.A.O. 1957.
31. Substituted for the words “Telangana area of the State of Andhra
Pradesh” by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
32. Substituted for the words “British India” by the A.P.A.O. 1957.
Application of
surplus.
[Act No.XII of 1350 F.] 17
(e) such other securities, stock and shares guaranteed
by the 33[Government] or the Gover nment of India 34[or any
State Government];
(f) first mortgages of immovable property where the
owner‟s title thereto is not limited in time and which is situate
in 35[the State of Telangana] or in 36[any part of India].
29. (1) A ward shall not,-
(a) transfer any part of his property under the
superintendence of the Court; or
create any charge thereon or interest therein other than
the interest created therein under clause (e); or
to enter into any contract or to make any
acknowledgement involving him or his property in pecuniary
liability;
(b) marry withou t obtaining sanction of Government
through the Court;
(c) grant receipts for the rents and profits arising from
the property or for debts or moneys which the Court is
entitled to collect;
(d) adopt or give permission to adopt, without
obtaining sanction of the Government through the Court;
33. Substituted for “Sarkar-i-Aali” (Government of Hyderabad) by
A.P.A.O. 1957.
34. Substituted for the words “or any Provincial Government of British
India” by the A.P.A.O. 1957.
35. Substituted for the words “Telangana area of the Sta te of Andhra
Pradesh” by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
36. Substituted for the words “British India” by the A.P.A.O. 1957.
Acts which ward
cannot do.
18 [Act No.XII of 1350 F.]
(e) dispose of his property by will without obtaining
sanction of the Government through the Court;
(2) The Government shall not refuse sanction under
clauses (d) and (e) of sub -section (1): Provided that the will
or adoption is not contrary to the personal or special law
applicable to the ward: or the property is not likely to be
encumbered by the will or adoption or the will or adoption is
not likely to lower the influence and respectability of the
ward‟s family.
(3) The Government may give its assent to the will or
an adoption made or may confirm it.
(4) The provisions of clauses (d) and (e) of sub -section
(1) shall not apply to an owner whose property has been
placed under the superintendence of the Court under
section 13.
30. The Court may generally, in respect of the whole
property under its superintendence, or any part thereof,
pass such order and do such act not inconsistent with the
provisions of this Act or any other law for the time being in
force, as may be necessary for the welfare of the ward and
benefit of the property. The Court may, subject to the
general power, sell or mortgage the whole or any part of any
property, other than 37[State grant] under its
superintendence, or may, at its discretion, lease out the
whole or any part of such property for any term or may remit
rent or other dues in respect of the property: Provided that
where the property has been taken under superintendence
under section 13, the immovable property shall not in any
way be encumbered, given on lease for a term exceeding
ten years, sold, mortgaged or exchanged, without the
37. Substituted for the words “Atiya Sultani ” (atiyat grants) by the
A.P.A.O. 1957.
Powers of Court
as to property
under
superintendence.
[Act No.XII of 1350 F.] 19
consent of the owner and the sanction of the Government
and in other cases without the sanction of the Government.
31. The Court may, for the care and management of the
ward and the property under its superintendence, and
generally for carrying out the purposes of this Act, make
necessary appointments and may defray the charges in
proper proportion from the properties under its
superintendence:
Provided that in no case the charges for supervision
and management shall exceed two annas per rupee on the
gross income of the said estate.
32. The Court may summarily evict any person in
possession of, or occupying in contravention of the
provisions of this Act, any property under its
superintendence. For this purpose the Court may exercise
all the powers which a 38[collector] has under section 15 7 of
the 39[Telangana Land Revenue Act, 1317 F.].
33. The Court shall, in respect of rents, lease money or
land revenue due in respect of the property under its
superintendence, have the same powers possessed by a
38[Collector] for the recovery of land revenue under the
39[Telangana Land Revenue Act, 1317 F].
34. No immovable property under the superintendence of
the Court, shall be liable to auction or sale for the purpose
of paying the arrears of land re venue. But if such property is
auctioned or sold for any other reason, the arrears of land
revenue shall first be paid from the proceeds of sale.
38. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
39. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Expenses for
superintendence.
Eviction of person
from possession
of ward‟s
property.
Act VIII of 1317 F.
Rent, profits and
other sums
recoverable as
land revenue.
Act VIII of 1317 F.
Immovable
property under
Court‟s
superintendence
not to be sold for
payment of land
revenue.
20 [Act No.XII of 1350 F.]
CHAPTER V.
ASCERTAINMENT OF DEBTS.
35. (1) O n the publication o f a notification under sub -
section (1) of section 14 the 40[Collector] or any other
person appointed under sub -section (2) of the said section
shall, as soon as possible, notify 41[XXX] in the 42[Official
Gazette] and at such places and by such means as the
Court, may, by a general or special order determine, that
persons having any pecuniary claims whether immediately
enforceable or enforceable in future, against the ward or his
property, should furnish to him full particulars of their claims
in writing, with in six months from the date of such
notification. A copy of the notification shall be sent by
registered post to the person whom the person notifying
knows to have a pecuniary claim against the ward or his
property: Provided the person publishing the not ification
knows or can easily know the address of such person.
(2) The Government may at any stage of the
proceedings under sections 35, 36 and 39, invest any
person either by name or by virtue of his office with the
powers of a 40[collector] for all or any of the purposes of the
said sections.
Explanation:- For purposes of this section and section
36 every claim shall be deemed to be a pecuniary claim,
notwithstanding that a suit in respect thereof is pending or a
dispute with regard to such claim has been referred to
arbitration or a decree or an arbitration award has been
passed in relation to such claim.
(3) Any claim against the ward or his property, other
than a claim by the Government, not filed before the
40. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
41. The words in “in Urdu Language” were omitted by A.P.A.O. 1957.
42. Substituted for the word “Jarida” by the A.P.A.O. 1957.
Notice for filing
claims.
[Act No.XII of 1350 F.] 21
43[collector] in accordance with the notice under sub-section
(1), shall, save in the cases provided for in clause (d) of sub-
section (2) of section 43 of this Act or 44[section 7 of the
45Indian Limitation Act, 1908.] be deemed, to have been duly
discharged, for all purposes and on all occasions whether
during the continuance of the superintendence of the Court
or afterwards, unless in any suit or proceeding instituted by
the claimant, or his legal representative, it is proved to the
satisfaction of the Civil Court that the plaintiff or his legal
representative has, for good and sufficient reasons, failed to
act in accordance with the n otice published under sub -
section (1).
36. (1) Every person, having a money claim to be satisfied
immediately or in future, against a ward or his property shall,
within the period prescribed under section 35, present his
claim in writing to the 43[collector] with full part iculars
thereof. Any claim presented within six months from the
expiration of such period, shall be admitted, if the
43[collector] is satisfied that there was good and sufficient
cause for not notifying the claim within the period:
Provided that where the Court is satisfied that any
claim as aforesaid, could not have been presented within
the period prescribed under section 35 due to reasonable
and sufficient cause, it may, with the sanction of the
Government, allow him to file such claim at any time after
the expiration of such p eriod. But notwithstanding any
contract, decree, award or law to the contrary, no interest
shall be allowed on such claim for the period between the
date of expiry of the period and the date of presentation of
the claim.
43. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
44. Substituted for “section 7 of the Hyderabad Limitation Act No.II of
1322 F.” by the A.P.A.O. 1957.
45. See now Indian Limitation Act, 1963.
Claims to be
submitted with full
particulars.
22 [Act No.XII of 1350 F.]
(2) Every document, in the posses sion of or under the
control of the claimant and relevent to the claim, shall be
produced before the 46[collector] with the statement of
claim, within the prescribed period. But where the claim
related to an amount secured by a decree or award, it shall
be sufficient for the claimant to produce a certificate by the
Court passing or executing the decree, specifying the
amount recoverable or a certified copy of the award
specifying the amount recoverable thereunder, and if the
claim is pending in any Court or has been referred to
arbitration, it shall be sufficient for the claimant to produce
certified copy of the plaint, and if the stage for filing a plaint
has not reached, a certified c opy of the reference to
arbitration.
Explanation:- For the purposes of t his sub -section, a
document shall include entries in books of account.
(3) The 46[Collector] may require the claimant to
produce, such other documents in his possession or power
relating to the claim, other than those mentioned in sub -
section (2).
(4) Unless the 46[Collector] otherwise directs, every
document produced under this section, shall be
accompanied by a copy thereof. The 46[Collector] shall mark
the original document for the purpose of identification, and
after comparing the copy with the original, shall retain the
copy and return the original to the person producing the
same.
37. Nothing contained in sections 35 and 36 shall apply to
claims of Government or of any local authorities, or to
claims for maintenance for wages and salaries due to
servants.
46. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
Government
claims etc., not to
be affected.
[Act No.XII of 1350 F.] 23
38. Nothing contained in this Chapter shall apply to any
claim in respect of any transaction subsequent to the date of
publication of the notification under section 14.
39. (1) The 47[Collector] shall, after making such inquiry as
he deems fit, decide as to which claims notified to him or
presented to him under section 36, are to be allowed in
whole or in part and which are to be disallowed. On such
decision being confirmed by the Court, the 47[Collector]
shall give written notice of the same to the claimants.
(2) The 47[Collector] may, where he has admitted any
claim or part thereof, make to the claimant a proposal in
writing for the reduction of the claim or for the rate of interest
to be paid in future or for both or for the terms of payment. If
the claimant accepts such proposal in writing with or without
modification, and such written acceptance is attested by the
47[Collector] himself or by any Revenue Officer, not below
the rank of a 48[Deputy or Assistant Collector], appointed by
the Government by a general or special order for the
purpose, it shall be binding upon the claimant.
(3) Subject to the provisions of sub -section (2) nothing
contained in this section shall preclude any claimant from
instituting or continuing any suit in a Civil Court in respect of
any claim against a ward or his property, whether such
claim is allowed or disallowed by the Court:
Provided that where a suit is instituted, no decision
made under this sect ion, shall be used as against the
defendant:
Provided further that where the claimant has failed to
notify his claim under section 36, no suit or proceeding in
47. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
48. Substituted for the word “Duwam Talukdar ” (Second Talukdar) by
the A.P.A.O. 1957.
Effect on
subsequent
transaction.
Claims admitted
or disallowed.
24 [Act No.XII of 1350 F.]
respect of such claim shall be maintainable unless the
plaintiff satisfies the Civil Court tha t there was reasonable
and sufficient cause for not notifying his claim.
40. (1) On the publication of a notification under section 35
the Court shall not proceed with the execution of a decree
against the person or property of the ward, until a certificate
to the effect that the decree -holder has acted in accordance
with section 36 is produced or unti l the expiration of three
months from the date of re ceipt by the 49[Collector] of a
written application by the decree -holder, for such certificate,
accompanied by a certified copy of the decree.
(2) Any person, holding a decree against the ward or
his property, shall be entitled to receive from the
49[Collector] free of cost the certificate under sub-section (1).
Such certificateExcerpt shown. Open the full act in Lexace.