COURT OF WARDS [Bahawalpur Act, 1942]
STATE COURT OF WARDS ACT, 1942
AS AMENDED VIDE 2THE BAHAWALPUR COURT OF WRDS
(AMENDMENT) ORDINANCE, 2001 (XLI OF 2001).
An Act to consolidate and amend the law relating to the
Court of Wards in the Bahawalpur State.
WHEREAS it is expedient to
consolidate and amend the law relating to the Court of Wards in [Bahawalpur].
It is hereby enacted as follows:-
Chapter I
P R E L I M I N A R Y.
1.(1) Title and extent.---This Act may
be called The Bahawalpur Court Of Wrds (Amendment) Ordinance, 2001 (XLI Of
2001).
(2)It extends to the 3[Districts of Bahawalnagar,
Bahawalpur and Rahim Yar Khan].
2.Authority of previous enactments.---(1)All rules and appointments made,
notifications and orders issued, authorities and powers conferred, farms and
leases granted, rights acquired, liabilities incurred and other things done
under any of the previous enactments shall, so far as may be, be deemed to have
been respectively made, issued, conferred, granted, acquired, incurred and done
under this Act.
(2)Any enactment or document
referring to any of the previous enactments shall, so far as may be, be
construed to refer to this Act or the corresponding portion thereof.
3.Definitions.---In this Act, unless there be something repugnant in the
subject or context, the expression.
(a)“immovable property” shall
include land, benefits to arise out of land, and things attached to the earth
or permanently fastened to anything which is attached to the earth, but shall
not include growing crops or grass;
(b)“landholder” shall mean a
person who possesses any interest in land, whether as proprietor, assignee of
the land- revenue, lessee of waste lands or otherwise;
(c)“minor” shall mean a
person who has not, within the meaning of the 4[Majority Act, 1875],
attained his majority; and
(d)“wards” shall mean any
person in respect of whose person, or the whole or any part of whose property,
or of whose person, and property, the Court of Wards by this Act
constituted for the time being has assumed
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Superintendence, but shall not include a joint proprietor,
the Superintendence of whose property has been assumed by the Court of Wards
under section 8.
Chapter II
THE COURT OF WARDS AND ITS JURISDICTION.
4. Constitution of the Court of Wards and its
jurisdiction.---
5(1) The Executive District Officer
(Revenue) of the District, within the limits of which any ward ordinarily
resides or any property of any ward is situated, shall be the Court of Wards in
respect of the person and the property of the such ward.
Provided that where any ward
ordinarily resides within the jurisdiction of one Executive District Officer
(Revenue) and his property or any part thereof is situated within the
jurisdiction of any other Executive District Officer (Revenue), the Board of
Revenue shall determine which Executive District Officer (Revenue) shall be the
Court of Wards in respect of the person and the property of such ward.
(2)The Court of Wards may exercise all or any of the
powers conferred on it by this Act either direct or through
the 6[District
Officer (Revenue)] of the District, within the limits of which any ward may at
any time, reside or any part of the property of any ward may be situated, or
through any other person whom it may at any time, in respect of any ward or the
whole or any part of the property of any ward, appoint in that behalf.
(3)The Court of Wards may, with the sanction of the
7[Board of Revenue] from time to
time, by general or special order, or by rule made under this Act, delegate any
of its powers to any District Officer (Revenue) or other person as aforesaid,
and may at any time, with the like sanction, revoke any such delegation.
(4)The powers and authority by this Act vested in the Court
of Wards shall be exercised by it subject to the control of
the Board of Revenue.
5. Powers of Court of Wards to make
order in certain cases directing the court of wards to assume Superintendence
of properties of land-holders.---(1) Any land-holder may apply to the 8[Court of Wards] to make an order
directing that his property be placed under the Superintendence of the Court of
Wards, and upon receiving any such applications, the Court of
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Wards may, if it considers expedient in the public interest
so to do, make order accordingly.
(2)When it appears to Court of Wards that any land-holder
is---
(a)by reason of being a female; or
(b)owing to any physical or mental
defect or infirmity; or
(c)owing to his having been
convicted of a non-bailable offence and to his vicious habits or bad character;
or
(d)owing to his having entered upon
a course of wasteful extravagance likely to dissipate his property;
incapable of managing or unfit to manage its affairs, the
Court of Wards may make an order directing that the property of such land
holder be placed under the Superintendence of the Court of Wards;
Provided that such an order shall
not be made on the grounds stated in clause (d) unless such land-holder belongs
to a family of political or social importance and the Court of Wards is
satisfied that it is desirable, on grounds of public policy or general
interest, to make such order.
(3)Power of Court of Wards of its
own motion to assume Superintendence.---Every order made by the Court of
Wards under sub-section (1) or sub-section (2), shall be final and shall not be
called in question in any Court of Law.
6.When
any land-holder is a minor or a person adjudged by a competent Court to be of
unsound mind and incapable of managing his affairs, the Court of Wards may make
an order assuming the Superintendence of the property, or the persons and property
of such land-holder.
7.Court of Wards shall assume
Superintendence in cases in which an order is made under section 5 and may do
so when Collector is
appointed guardian.---(1) When, in respect of any land-holder, an order is made by
the 9[Court
of Wards] under sub-section (1) or sub-section (2) of section 5, the Court of
Wards, shall assume the Superintendence of the property of such land-holder,
and may in its discretion also assume the Superintendence of his person.
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(2) When the District Officer
(Revenue) is appointed or declared to be guardian of the person or property, or
both of a minor, under the provisions of section 18 of the Guardian and Wards
Act, 1890, he shall intimate the fact to the Court of Wards, and the Court of
Wards may thereupon, in its discretion, either assume, or refrain from
assuming, the Superintendence of the person or property or both (as the case
may be) of such minor, and the provisions of this Act shall, if such
Superintendence be so assumed, apply to the person or property, or both (as the
case may be), of such minor.
8.Properties of which there are more proprietors than one.---
When there are two or more proprietors of any property and
the shares of the several proprietors have not been separated off, and the
Court of Wards, acting under section 6 or section 7, assumes the
Superintendence of the property of one or more, but not all of such
proprietors, the Court of Wards may assume the Superintendence, also of the
shares of such joint-proprietor or joint- proprietors paying any such
proprietor the surplus income, accruing from his share of the property. The
Superintendence assumed under this section shall extend only to the management
of the share of the joint proprietor in such joint property and shall not as
regards such share include the power to sell or mortgage the same or any part
thereof, or to grant a lease thereof for a period exceeding 10 years or to
create any charge therein or interest therein.
9.Notification of assumption of Superintendence.---Whenever the Court of Wards assumes the
Superintendence of the person or property of
any person under any of the provisions of this Act, the
order of assumption shall be notified in the 10[Gazette], and shall specify the district the District
Officer (Revenue) of which shall be put in charge on behalf of the Court of
Wards.
10.Operation and finality of orders
made under sections 6,7 and 8---Every
order made by the Court of Wards assuming under sections 6,7 and 8,
respectively, the Superintendence of the person or property, or both, of any
person shall take effect from the date fixed in this behalf in the notification
published under section 9, and shall be final and shall not be called in
question in any Court of Law.
Chapter III.
INQUIRY AND ACTION PRECEDING ASSUMPTION OF SUPERINTENDENCE.
11. Inquiry by Deputy Commissioner
in order to satisfy himself as to whether action should be taken under the
Act.---(1) For the purpose of satisfying himself as to whether, in respect of
any land-holder:-
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(a)Court of Wards should be moved to
make an order under sub-section (2) of section 5, or
(b)The Court of Wards should be
moved to make an order under section 6.
or for the purpose of making any report which may be called
for in connection with any application of a land-holder under sub-section (1)
of section 5, the District Officer (Revenue) may make such inquiry into the
circumstances of such land-holder, as he may deem necessary, and, pending the
taking of any such action, may issue such orders for the temporary custody and
protection of the person or property, or both, of such land-holder, as he
thinks fit.
(2)If the land-holder be a minor,
the District Officer (Revenue) may direct that the person, if any, then having
the custody of the minor, shall produce him, or cause him to be produced, at
such place and time as the District Officer (Revenue) appoints, and may make
such order for the future custody of the minor, pending the orders of the Court
of Wards, as he thinks proper.
(3)If the minor is a female who
ought not to be compelled to appear in public, the direction under sub-section
(2) shall require her to be produced in accordance with the manners and customs
of the country.
(4)If the land-holder is alleged to
be or is of unsound mind, the District Officer (Revenue) shall make application
to the District Judge with a view to an inquiry being made by such Court for
the purpose of ascertaining whether such person is or is not of unsound mind
and incapable of managing his affairs.
12. Procedure in inquiry.---(1) For the purposes of every inquiry to be made, or
direction to be given, in pursuance of any of the provisions of this Act, the
District Officer (Revenue) may exercise all or any of the powers of a Civil
Court under the Code of Civil Procedure.
(2) For the purpose of protecting
the property or any part thereof, of any land-holder pending an inquiry under
sub-section (1) of section II, the District Officer (Revenue) may, subject to
the direction and control of the Court of Wards, take possession thereof and
appoint a manager and such care- takers in respect thereto as he may deem fit.
Chapter IV
WARDSHIP AND ITS CONSEQUENCES.
13. Visiting of property of wards in
the Court of Wards.---(1) Upon the publication of a notification under section
9, in respect of the property of any person, the whole of such property, at the
date of the
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notification, shall vest in the Court of Wards, and shall
remain so vested until the Court of Wards shall, by notification under section
50, divest itself of the Superintendence of the whole or any part thereof or is
otherwise divested of such Superintendence in due course of law.
(2) All rights accruing to and
property inherited by or vesting in any ward after the publication of a
notification under section 9, and while the property of such ward is under the
Superintendence of the Court of Wards, shall vest in the Court of Wards;
Provided that the Court of Wards
may, in its discretion, assume, or refrain from assuming, the Superintendence
of any property, which any ward may acquire, otherwise than by inheritance,
subsequent to the date of the notification published under section 9.
14.Non-liability of land vested in the Court of Wards to sale for arrears of
revenue.---(1) No land under the Superintendence of the Court of Wards shall be
sold for arrears of revenue accruing while such land is under such
Superintendence.
15.Disabilities of Wards.---(1) No ward shall be competent:-
(a)to transfer or create any charge
on, or interest in, the whole or any part of his property, which is under the
Superintendence of the Court of Wards, or to enter into any contract which may
involve him in pecuniary liabilities:
Provided that nothing in this clause
shall be deemed to affect the capacity of a ward to enter into a contract of
marriage; but he shall not incur, in connection herewith, any pecuniary
liability, except such as, having regard to the personal law, to which he is
subject, and to his rank and circumstances, the Court of Wards may, in writing,
declare to be reasonable.
(b)without the previous sanction, in
writing, of the Court of Wards, (1) to adopt or (2) to give permission to adopt,
or
(3) to dispose of any property by will.
16.Contain disabilities in certain cases.---(1) When the property of any land-holder, in
respect of whom an order has been made under sub- section (1) or on the last
ground stated in sub-section (2) of section 5, is released from the
Superintendence of the Court of Wards, such land-holder shall not be competent,
without the previous sanction of Board of Revenue to alienate the whole or any
part of the immovable property, which has been so released, in any way, or to
create any charge upon any such property extending beyond his life time, and
every transfer made or attempted to be made, or
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charge created or attempted to be created, in contravention
of this provision, shall be void.
(2) No suits shall be brought
whereby to charge any person upon any promise made after he has ceased to be a
ward to pay any debt contracted during the period when he was a ward, or upon
any ratification made after he has ceased to be a ward of any promise or
contract made during the above period, whether there shall or shall not be any
new consideration for such promise or, ratification.
17. Power of the Court of Wards to
take action on behalf of Wards and to deal with their properties.---(1) The
Court of Wards may, at any time, mortgage or sell the whole or any part of the
property of a ward, and may grant leases or farms of the whole or any part of
such property for such terms as it thinks fit, and may make such remissions of
rental or other arrears and may generally and from time to time pass all such
orders and do all such acts, not inconsistent with the provisions of this or
any other enactment for the time being in force, as it may deem to be for the
advantage of the Ward or the benefit of his property.
(2) The Court of Wards may, for the
purpose of raising a loan for the benefit of a Ward of his property,
hypothecate, with the consent of the Board of Revenue any muafi, pension or
assignment of land revenue held by the Ward.
18. Deeds other instruments.---(1) All deed, contracts or other instruments executed by the
Court of Wards in the exercise of its powers of Superintendence under this Act,
shall be executed by the Court of Wards in its own name.
(2)Covenants entered into by the
Court of Wards shall be binding on the Court of Wards only so long as the Ward
or the property affected by such covenants remains under its Superintendence
and only to the extent of such property; and such covenants shall be binding on
the Ward or on the person entitled to such property after the Ward or the
property of both (as the case may be) shall be have been released from
Superintendence.
(3)This section shall also apply to
all deeds, contracts and other instruments executed before the commencement of
this Act.
19. Notice of suit.--- No suit relating to the person of any Ward or to any
property under the Superintendence of the Court of Wards shall be instituted in
any Civil or Revenue Court until the expiration of two months after notice, in
writing, has been delivered to or left at, the Office of the District Officer
(Revenue) of the District specified in the order of assumption in the
notification under section 9, stating the name and place of abode of the
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intending plaintiff, the cause of action and the relief
which he claims; and the plaint shall contain a statement that such notice has
been so delivered or left:
Provided that notice under this
section shall not be required in the case of any suit, the period of limitation
for which will expire within three months from the date of the notification
under section 9.
20. Suits to be in the name of Court
of Wards.---(1) No suit (a) by or on behalf of a ward; or (b) affecting any property
under the Superintendence of the Court of Wards shall be brought without the
authority of the Court of Wards, or of such officer as it may appoint in that
behalf, and in every such suit brought with such authority, the Court of Wards
shall be named as plaintiff.
(2)In every suit against a ward or
affecting property under the Superintendence of Court of Ward shall be named as
the defendant.
(3)Suits, brought by or against any
Court of Wards, may be instituted and conducted or defended on behalf of the
Court of Wards by the District Officer (Revenue) of the District, specified in
the order of assumption in the notification under section 9, or by the manager
or other person authorized, by general or special order or rule made under this
Act, in that behalf, by the Court of Wards.
Chapter V.
GENERAL PROVISIONS AS TO THE SUPERINTENDENCE OF THE PERSONS
AND
PROPERTIES OF WARDS.
21.Court of Wards assuming
Superintendence of the property to take possession thereof procedure as to
property situate in other districts.---
As soon as conveniently may be after the assumption, by the Court of Wards, of
the Superintendence of the property of any person, the District Officer
(Revenue) of every district, within which any part of such property may be
situated, or some person authorized, in writing, by him in this behalf, shall
take possession of all such property and all accounts and papers relating
thereto, and shall do all other acts and things which may be necessary to
secure and protect the same and place it under proper custody and control.
22.Powers of Court of Wards as to
Superintendence and control Audit of accounts and management of legal affairs
of wards and properties.--- The Court of Wards
may from time to time direct such provisions as it may think fit to be made in
respect of the:-
(1)superintendence and supervision
of the persons of the wards and properties under its superintendence;
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(2)periodical or special audit, by
an independent auditor, of the accounts of properties generally, or of any
particular property, as it may think fit;
(3)management of the legal affairs
of properties generally, or of any particular property, as it may think fit.
23.Powers of Court of Ward to charge
expenses against properties under its Superintendence.---The
Court of Wards may from time to time regulate the expenses to be incurred in
the supervision, care and management of the wards and properties under its
Superintendence, and generally in carrying out all or any of the purposes of
this Act, and may order that such expenses, or any of them, including all
salaries, gratuities, and leave allowances of establishment and all contingent
and other expenses, whatsoever, which it shall consider requisite, be charged
against such property generally, or against any one or more properties
comprised in such property, for the purposes of which such establishments are,
or have been, entertained or such expenses have been incurred.
24.Residence and education of Wards.---(1) The Court of Wards may pass such orders as it
thinks fit in respect of the residence of any ward, whose person is for the
time being under its Superintendence, and when he is a male minor, in respect
of his education.
(2) The Court of Wards may from time
to time require any such male or minor ward to attend such tutor, class, school
or colleges, for the purposes of education, as it thinks fit.
25. Allowance for wards and his
family.---(1) The Court of Wards may, from time to time, determine what sum
shall be allowed in respect of the expenses of any ward and of his family and
dependents.
(2) The Court of Wards may, from
time to time, determine what sums may be spent on the educating of any minor
ward, whose person is for the time being under its Superintendence.
Chapter VI.
ASCERTAINMENT AND LIQUIDATION OF LIABILITIES OF WARDS.
26. Notice to claimant.---(1) On the publication of a Notification under section 2,
the District Officer (Revenue) of the District specified in the order of
assumption, whom the Court of Wards may appoint in that behalf, shall publish
in the Gazette a Notice in the Urdu language, calling upon all persons having
claims against the ward or against the property under the
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Superintendence of the Court of Wards, to notify the same,
in writing, to such District Officer (Revenue) within six months from the date
of the publication of the Notice.
(2)The Notice may also be published
at such places and in such other manner as the Court of Wards may, by general
or special order, direct or by rule, made under this Act, prescribe.
(3)The District Officer (Revenue),
may, if he is satisfied that any claimant had reasonable excuse for not
submitting his statement or claim within six months, receive his claim at any
time after the expiry of the period aforesaid but any claim, so received,
shall, unless the District Officer (Revenue) otherwise directs and not
withstanding any law, contract, decree or awards to the contrary, cease to
carry interest from the date of the expiry of the period aforesaid.
27. Statement of claim.---(1)
Every claimant shall, together with his statement of claim, present full
particulars thereof.
(2)Every document (including entries
in books of account) on which the claimant found his claim, or on which he
relies in support thereof, shall be produced before the District Officer
(Revenue) with the statement of claim.
(3)Every such document shall be
accompanied by a true copy of the same. The District Officer (Revenue), or such
officer, as he may appoint in that behalf, 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.
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28.Examination into admission and
rejection of claims.---The District Officer
(Revenue) shall, after such inquiry as he may consider necessary, decide, as to
each claim, made against any ward or property, in manner in section 26 and
section 27 provided, whether such claim is, either in whole or in part, to be
admitted or disallowed, and shall intimate, in writing, his decision in respect
of each such claim to the claimant thereof. If such liabilities cannot be paid
at once, the decision shall fix the interest (if any) to be paid thereon from
the date of such decision to the date of the payment and discharge of such
claim.
29.Bar of claims not duly notified.--- Every debt or liability (other than debts due
to or liabilities incurred in favour of the Government) to which any ward is
subject or with which any property under the Superintendence of the Court of
Wards or any part thereof, is charged, and which is not duly notified to the
said District Officer (Revenue) within the time and in the manner hereinbefore
prescribed shall, subject to the provisions of the Limitation Act, be deemed
for all purposes and on all occasions, whether during the continuance of the
Superintendence of the Court of Wards or afterwards, to have been duly discharged.
Provided that the provisions of this
section shall not be deemed to extinguish any such debt or liability in any
case in which the Court of Wards, after assuming the Superintendence of such
property, releases the same from such Superintendence, without ascertaining or
dealing with the liabilities thereof, as in this chapter provided in that
behalf and that, in any such case, in computing the period of limitation
applicable to any suit or application for the recovery of any such debt or the
enforcement of any such liability, the time from the date of the notification
of claim under section 26, to the date of the release of the property from the
Superintendence of the Court of Wards, shall be excluded.
30.Exclusion of document not produced.--- If any document, in the possession or under the
control of the claimant, is not produced by him as required by section 27, such
document shall not be admissible in evidence in any suit or proceeding
thereafter brought against a Ward or as affecting any property under the
Superintendence of the Court of Wards by the claimant, or by any person
claiming under him.
31.Decrees against wards, their
properties and their execution.- --(1)
Nothing contained in this chapter shall be deemed to empower the District
Officer (Revenue) to disallow any claim, notified under section 26, which is
based upon a decree passed by any competent Court, and any such decree may be
proved by the production of a certified copy of the same, accompanied by a
certificate from the proper Court that such decree remains unsatisfied.
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(2)On the publication of a notice
under section 26, all suits and all proceedings in execution of any decree
against a ward or as affecting any property under the Superintendence of the
Court of Wards, then pending in any Civil Court shall be stayed until the
plaintiff or the decree-holder files a certificate that the claim has been
notified in accordance with section 26.
(3)No fresh proceedings in execution
of any decree against a ward or as affecting such property other than a decree
in respect of a transaction subsequent to the date of the notification under
section 9, shall be instituted in, nor shall any attachment or other process in
execution of such decree be issued by, any Civil Court until the decree-holder
files a certificate to the effect specified in clause (2).
32. Saving of right to sue to
certain cases.---(1) Subject to the provisions of section 19 and section 31,
nothing in this chapter shall be construed as preventing any claimant from
bringing or prosecuting any suit, in any competent Court, in respect of any
claim, which has been duly notified within the time and in the manner
here-before prescribed, to the District Officer (Revenue) and which has,
whether in whole or in part, been disallowed by him, but no suit shall at any
time be brought or be maintainable in respect of any claim, which has not been
so notified or to set aside or modify the order of a District Officer (Revenue)
(if any) fixing a date for the payment of such claim or regulating the order on
which claims against the ward or properties, under the Superintendence of the
Court of Wards, shall be paid.
(2) Appeal and revision.---In
computing any period of limitation prescribed by the Limitation Act or section
230 of the Civil Procedure Code, every period during which proceedings have
been stayed or temporarily barred by reasons of the provisions of this section
or of section 31 shall be excluded.
33.No appeal shall lie from any decision given or order made by
a District Officer (Revenue) under this chapter, but nothing in this section
shall be deemed in any way to limit or interfere with the power of the Court of
Wards to revise any such decision or order.
34.Provincial Government may confer
the powers of Deputy Commissioner on any person.---For
the purposes of this Chapter, Board of Revenue may, at any time or at any stage
of any proceeding there-under, invest any person with all or any of the powers
of a District Officer (Revenue).
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Chapter VII.
GUARDIANS AND MANAGERS.
35. Appointment, removal and Control
of guardians and tutors,---(1) The Court of Wards may from time to time appoint
guardians for the care of the persons of such wards as are minors or of unsound
mind, or are suffering from any physical or mental defect or infirmity, or are
females and unmarried, and may control and remove such guardians, and no
appointment of a guardian for any ward shall be valid unless and until it has
been confirmed by the Court of Wards.
(2) In appointing a guardian under
this section, the Court of Wards shall be guided, as far as may be, by the
provisions of section 17 of the 10[Guardians and Wards Act, 1890], and if a ward leaves or is
removed from the custody of a guardian, appointed under this section, the
District Officer (Revenue) of the District specified in the notification issued
under section 9, may exercise the power conferred by section 25 of the said Act
on a Court as defined in that Act.
(3) The Court of Wards may appoint
any persons to be the tutor of any minor male ward and may control and remove
such tutor, every tutor so appointed shall discharge such duties and regulate
his conduct in such manner as the Court of Wards may from time to time direct.
36.No person who can succeed to ward
to be appointed guardian.---No person who would be
the next legal heir of a ward, or would otherwise be immediately interested in
outliving a ward, shall be appointed to be his guardian; but nothing in this
section shall apply to the mother of a ward or to be a testamentary guardian.
37.Duties and responsibilities of guardians.---A guardian appointed under this chapter shall
be charged with the custody of the ward, and shall subject to the supervision
and direction of the Court of Wards, and the rules (if any) made under this
Act, in that behalf, make suitable provision for his maintenance, health and,
if he be a minor, his education and such other matters as the personal law, to
which the ward is subject, requires and shall:-
(a)give such security, if any, as
the Court of Wards thinks fit for the due performance of his duty;
(b)submit such accounts as the Court of Wards may direct;
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(c)pay the balances due from him thereon;
(d)continue liable to account to the
Court of Wards, after he has ceased to be guardian, for his receipts and
disbursements during the period of his guardianship;
(e)apply for the sanction of the
Court of Wards to any act which may involve expense not previously sanctioned
by it; and
(f)be entitled to such salary or
allowance to be paid out of the proceeds of the property of the ward, as the
Court of Wards thinks fit in respect of the execution of his duties as such.
38.Appointment, control and removal
of managers.---The Court of Wards, may
appoint one or more managers for any properties under its Superintendence and
may control, remove such managers.
39.Powers of managers.---A manager, appointed by the Court of Wards, shall, subject
to the supervision and direction of the Court of Wards, and the rules (if any)
made, under this Act, in that behalf have power to collect the rents of the
lands placed under his charge as well as all other money due to the ward or person,
whose property he manages, and to grant receipts therefore; and he may, subject
to the same sanction, supervision, direction and rules (if any) grant and renew
leases and farms and do all such lawful acts as he may be generally or
specially authorized by the Court of Wards to do for the good management of the
property.
40.Duties and responsibilities of Managers.---Every manager appointed by the Court of Wards,
shall, subject to the supervision and direction of the Court of Wards, and to
the rules (if any) made, under this Act, in that behalf, manage the property or
properties, placed under his charge, diligently and faithfully, and he shall:-
(a)file such security, if any, as
the Court of Wards thinks fit, duly to account for, what he may receive in respect
of the rents and profits and other income of the property under his charge;
(b)keep accounts in such form and
submit them at such times, as the Court of Wards may direct;
(c)deal with all money received by
him in such manner as the Court of Wards may direct;
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(d)apply for the sanction of the
Court of Wards to any act, which may involve the property in expense, not
previously sanctioned by it;
(e)be entitled to such salary or
allowance to be paid out of the proceeds of such property, as the Court of
Wards thinks fit, in respect of the execution of duties;
(f)be responsible for any loss
occasioned to the property by his negligence or willful default; and
(g)continue liable to account to the
Court of Wards after he has ceased to be manager, for his receipts and
disbursements during the period of his management.
41.Termination of appointment of guardian or Managers.---
The appointment of every guardian or manager, appointed
under this chapter, shall terminate on the Court of Wards ceasing exercise
Superintendence of the person or property in respect of whom or which, such
guardian or Manager, as the case may be, has been appointed.
42.Guardians and Managers to be
deemed to be public servants, and Managers and certain guardians to be deemed
to be public accountants.---(1) Every guardian
and Manager, appointed under this chapter,
shall be deemed to be a public servant within the meaning of
section 21 of the 11[Pakistan
Penal Code] and for the purposes of that Code.
(2)Every such Manager shall be
deemed to be a “Public Accountant” within the meaning of the 12[Bahawalpur Public Accountants Act,
1850], and every such guardian shall be deemed to be a “Public Accountant”
within the meaning and for the purposes of section 3 to 5 of the Public
Accountants Act, 1850.
(3)In the definition of “legal
remuneration” contained in section 161 of the Pakistan Penal Code the word
“Government” shall, for the purposes of this section, be deemed to include the
Court of Wards.
43. Deputy Commissioner when to
discharge the duties of guardian or Manager.---If no such guardian or Manager
is appointed by the Court of Wards, the District Officer (Revenue) of the
district, specified in the order of assumption in the notification under
section 9 or any other District Officer (Revenue), whom the Court of Wards may
appoint in that behalf, shall be competent to do anything that might be lawful
done by a guardian of the person or a Manager of the property appointed under
this chapter.
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Chapter VIII.
RELEASE OF PERSONS AND PROPERTIES FROM SUPERINTENDENCE.
44. Power to release from
Superintendence.---The Court of Wards may, at any time, release any person or
property, or both, from its Superintendence;
13[Omitted]
Provided that persons or property
under the charge of the Court of Wards in accordance with the provisions of
sub-section (2) of section 7, shall not be released without the concurrence of
the Court which appointed or declared the District Officer (Revenue) to be
guardian of the persons or property, or both, of the person concerned, under
the 14[Guardians
and Wards Act, 1890].
45. Retention of Superintendence of
property until discharge of debts. ---(1) Whenever a Ward dies or ceases to be
under any legal incapacity and his property is, at the time of his death or
cessation of incapacity, still encumbered with debts and liabilities, the Court
of Wards, may, with the sanction of Board of Revenue either release such property
or, retain if or any part thereof, under its Superintendence until such debts
and liabilities have been discharged.
(2) In any case provided for in
sub-section (1), the Court of Wards may together with the property of any such
wards, also retain, until the said debts and liabilities have been discharged,
the property of which it has assumed the Superintendence under section 8.
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46. Retention of Superintendence
where there are more proprietors than one.---If, in the case of any property,
there are more proprietors than one, the Court of Wards may retain the whole
property under its Superintendence, if one or more of the proprietors remain
wards, although other or others, may have ceased to be under any legal
incapacity.
Provided that in such cases the
Court of Wards shall pay to such proprietor or proprietors, who have ceased to
be under any legal incapacity, the surplus income accruing from his or their
share of the estate.
47. Appointment of guardian on
release of minor.---(1) When the Court of Wards decides to release from its
Superintendence the person or property, or both, of any minor, it may before
such release, by an order, in writing, appoint any person to be the guardian of
the person or property, or both, of such minor.
(2)Such appointment shall take
effect from the date of such release.
(3)In appointing a guardian under
this section, the Court of Wards shall be guided by the provisions of section
17 of the Guardians and Wards Act, 1890 and in every such case the District
Officer (Revenue) of the District specified in the order of assumption in the
notification under section 9, shall have the powers conferred upon a District
Officer (Revenue) under section 35(2).
(4)Every such guardian shall have
and be subject to the same rights, duties, and liabilities, as if he had been
appointed under the Guardians and Wards Act, 1890.
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48.Disposal of property after the
death of persons of whose property the Court of Wards has assumed Superintendence.---Whenever, in the event of the death of
any person, of whose property, the Court of Wards has assumed Superintendence,
the succession to his property or any part thereof, is unclaimed, or disputed,
the Court of Wards may either direct that the property, or part thereof, be
made over to any persons entitled to or claiming the same, or may institute a
suit of inter-pleader against the several claimants, or may retain the
Superintendence thereof, until a claimant has, in due course of Law,
established his title thereto in a competent court.
49.Delivery of documents and
accounts on release of property.- --Whenever
the Court of Wards releases the property of any person from its
Superintendence, it shall deliver to such person, or if it has appointed a
guardian under sub-section (1) of section 47, to such guardian all documents of
title and all papers and accounts (other than Government records) relating to
such property.
50.Notification as to release from Superintendence.---Whenever the Court of Wards releases any
person or property from its Superintendence, the fact of such release shall be
notified in the Gazette and such release shall take effect from the date fixed
in this behalf, in the notification.
51.Recovery of expenses.---Any expenses incurred by the Court of Wards on account of
any property under its Superintendence, may, after the release of such
property, be recovered as an arrear of land revenue due in respect of such
property or any part thereof.
Chapter IX.
MISCELLANEOUS PROVISION.
52. Bar of Suits and
Proceedings.---(1) No suit shall be brought in any Civil Court in respect of
the exercise of any discretion conferred by this Act.
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(2) No suit shall be brought against
any 15[Servant
of the State] or any guardian, manager or servant appointed by and discharging
his duties under a Court of Wards for anything done by him, in good faith,
under this Act.
53.Investigations into matters under
chapter VI and VII to be considered judicial proceeding.---Every
investigation conducted by a District Officer (Revenue) with reference to any
claim preferred before him under chapter VI or Chapter VII or to any matter
connected with any such claim, shall be taken to be a judicial proceeding
within the meaning of the Pakistan Penal Code.
54.Power to make rules.---The Court of Wards may, with the previous sanction of the 15[Provincial Government], make rules
consistent with this Act, regulating all or any of the following matters,
namely:-
(a)the management of properties or
of all or any property under the Superintendence of the Court of Wards;
(b)the procedure to be observed and
the powers to be exercised by all or any persons in all or any proceedings
under this Act; and
(c)generally for the purpose of
giving effect to all or any of the provisions of this Act.
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The Bahawalpur Court of Wards (Amendment) Ordinance, 2001
(XLI of 2001) which was protected and continued in force by the Provisional
Constitutional Order, 1999, (Chief Executive’s Order No.1 of 1999), as amended
by the Provisional Constitutional (Amendment) Order, 1999 (Chief Executive
Order No.IX of 1999) and Article 270-AA of the Constitutional of the Islamic
Republic of Pakistan and substituted by the Constitution (Eighteenth Amendment)
Act, 2010.
Following Amendments/deletion have
been made vide Government of the Punjab, Law and Parliamentary Affairs
Department’s Notification No.Legis. 13-67/2001 dated 13.11.2001:
1.In the said date in sub-section
(2) of section (1), the words, “whole of Bahawalpur” are substituted by the
words “Districts of Bahawalnagar, Bahawalpur and Rahim Yar Khan”.
2.In Section 3 clause (c), the word “Indian” omitted.
3.For sub-section (1) of section 4, the following was
substituted:
“(1) The Executive District Officer (Revenue) of the
District, within the limits of which any ward ordinarily resides, or any
property of any ward is situated shall be the Court of Wards in respect of the
person and the property of the such ward:
Provided that where any ward
ordinarily resides within the jurisdiction of one Executive District Officer
(Revenue) and his property or any part whereof is situated within the jurisdiction
of any other Executive District Officer (Revenue), the Board of Revenue shall
determined, which Executive District Officer (Revenue) shall be the Court of
Wards in respect of the person and the property of such ward.”
4.In sections 4,16,17,34 and 45, the
words “Provincial Government” are substituted by the words “Board of Revenue”.
5.In sections
4,7,9,11,12,19,20,21,26 to 29, 31 to 35, 43,44,47 and 53, the words “Deputy
Commissioner” wherever occurring have been substituted by the Wards “ District
Officer (Revenue)”.
6.In section 5, the words
“Commissioner” wherever occurring has been substituted by the words “Court of
Wards”.
7.In section 7 and 11, the words
“Provincial Government” have been substituted by the words “Court of Wards”.
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8.In section 44, the first proviso
has been omitted while in the second proviso, the comma and word “further” has
been omitted.
9.In section 48, the words “with the
sanction of the Commissioner” have been omitted.
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