(Punjab Act II of 1903)
[2 June 1903; 25 June 1903]
An
Act to consolidate and amend the law
relating to the Court of Wards
in the Punjab
WHEREAS it is expedient to consolidate and
amend the law relating to the Court of Wards in the Punjab;
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1. Title, extent and commencement.— (1) This Act may be called the Punjab Court
of Wards Act, 1903.
(2) It extends to the whole of the Punjab.
2. Repeal.— (1) The enactments specified in the schedule
are hereby repealed to the extent mentioned in the third column thereof.
(2) But 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 those enactments shall, so far as may be, be deemed to have been
respectively made, issued, conferred, granted, acquired, incurred and done
under this Act.
(3) Any enactment of document referring to
any of those 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) “land-holder”
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 [2][2][* * *] Majority Act, 1875[3][3], attained his majority; and
(d) “ward” 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 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.— [4][4][(1) The [5][5][Executive District Officer (Revenue) of the
District] within the limits of which any ward ordinarily resides, or any
property of any ward is situate, shall be the Court of Wards in respect of the
person and the property of such ward:
Provided that where any ward ordinarily resides, within
the jurisdiction of one [6][6][Executive District Officer (Revenue)] and his property
or any part thereof is situate within the jurisdiction of any other [7][7][Executive District Officer (Revenue)], the Board of
Revenue shall determine which [8][8][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 [9][9][* * *] the [10][10][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 situate, or through any other person whom it may at
any time, in respect of any ward of 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 [11][11][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 [12][12][* * *] [13][13][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 [14][14][Board of Revenue].
5. Power of
Provincial Government 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 [15][15][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 application, the [16][16][Court of Wards], may, if it considers it
expedient in the public interest so to do, make an order accordingly.
(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 unfitted to manage
his affairs, the [18][18][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 ground stated in clause (c) or on
the ground stated in clause (d) unless such land-holder belongs to a family of
political or social importance and the [19][19][Court of Wards] is satisfied that it is
desirable, on ground of public policy or general interest, to make such order.
(3) Every order made by the [20][20][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. Power of Court of Wards, of its own
motion, to assume superintendence.— 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
person 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 under Act VIII of
1890.—
(1) When , in respect of any land-holder an order is made by the [21][21][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.
(2) When the [22][22][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[23][23], 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 superintendents 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 as is or are
not disqualified, paying any such proprietor the surplus income accruing from
his shares 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 20 years or to create any charge thereon 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 [24][24][Official Gazette] and shall specify the
district the [25][25][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 section 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 [26][26][District Officer
(Revenue)] in order to satisfy
himself as to whether action should be taken under the Act.— (1) [27][27][For the purpose of satisfying himself as to
whether in respect of any land-holder, the Court of Wards should be moved to make an order under
section 5(2) or 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 [28][28][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 [29][29][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 [30][30][District Officer (Revenue)] appoints, and
may make such orders 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 [31][31][District Officer (Revenue)] shall make
application to a competent Court in 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
inquiries.— (1) For the purposes of every inquiry to be made, or direction to be
given, in pursuance of any of the provisions of the Act, the [32][32][District Officer (Revenue)] may exercise all or
any of the powers of a Civil Court under the Code of Civil Procedure[33][33].
(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 11, the [34][34][District Officer (Revenue)] may, subject to the
direction and control of the Court of Wards, take possession thereof and
appoint a manager and such caretakers in respect thereto as he may deem fit.
CHAPTER
IV
WARDSHIP
AND ITS CONSEQUENCES
13. Vesting of property of ward 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 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 properly
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.— 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.— 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 liability:
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 therewith, any
pecuniary liability, expect 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. Continuing
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 the [35][35][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 to or attempted to be made, or
charge created or attempted to be created, in contravention of this provision,
shall be void.
(2) No suit 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 act 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 forms 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 or his property, hypothecate, with
the consent of the [36][36][Board of Revenue] any Jagir, mafi, pension
or assignment of land-revenue held by the ward.
18. Deeds and other instruments.— (1) All deeds, 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 or both (as the case may be) shall 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 suits.— No suit [37][37][or decree] relating to the person of any
ward or to any property under the superintendence of the Court of Wards shall
be instituted [38][38][or executed] 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 [39][39][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 intending plaintiff, [40][40][or decree-holder, as the case may be, and
such other particulars as may be prescribed by rules made under this Act], and
the plaint [41][41][or application for execution] 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 name of Court of Wards.— (1) No suit (a) by or on behalf of a ward,
or (b) affecting any property under 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 Wards, the Court of Wards 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 [42][42][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 authorised, 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 [43][43][District Officer (Revenue)] of every district within which any part of such
property may be situated, or some person authorised, 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 provision 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;
(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. Power of Court of Wards 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
establishments 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 minor ward to attend such tutor, class, school or
college, for the purposes of education, as it thinks fit.
25. Allowance for ward and his family.— (1) The Court of Wards may from time to time
determine what sums 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 education 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
claimants.— (1) On the publication of a notification under section 9, the [44][44][District Officer (Revenue)] of the District
specified in the order of assumption or any other [45][45][District Officer (Revenue)] whom the Court of
Wards may appoint in that behalf shall publish in the [46][46][Official Gazette] a notice in both the English
and the Urdu languages calling upon all persons having claims against the ward
or against the property under the superintendence of the Court of Wards to
notify the same in writing to such [47][47][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 [48][48][District Officer (Revenue)] may, if he is
satisfied that any claimant had reasonable excuse for not submitting his
statement of 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 [49][49][District Officer (Revenue)] otherwise
directs and notwithstanding any law, contract, decree or award to the contrary,
cease to carry interest from the date of the expiry of the period aforesaid.
27. Presentation of claims.— (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 [50][50][District Officer (Revenue)] with the
statement of claim.
(3) Every such document shall be accompanied
by a true copy of the same. The [51][51][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.
28. Examination
into, admission and rejection of claims.— (1) The [52][52][District Officer (Revenue)] shall, after such
inquiry as he may consider necessary, decide as to each claim made against any
ward of 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 debt due
to, or liabilities incurred in favour of, [53][53][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 [54][54][District Officer (Revenue)] within the time
and in the manner hereinbefore prescribed, shall, subject to the provisions of
section 7 and section 13 of the [55][55]Indian Limitation Act, 1877, 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 and 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 documents 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 or their properties
and their execution.— (1)
Nothing contained in this chapter shall be deemed to empower the [56][56][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.
(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 [57][57][* * *].
[58][58][(3) No
such suit or proceedings shall be continued or revived in any such court until
the expiration of six months from the date of the publication of the notice
under section 26, and until the expiration of two months after notice in
writing has been delivered to, or left at, the office of the [59][59][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 plaintiff or decree-holder, as the
case may be, and such other particulars in respect of the suit or decree as may
be prescribed by rules made under this Act and every application for the continuance
or revival of the suit or proceedings and every application for the institution of fresh proceedings in
execution of such decree shall contain a statement that the provisions of this
sub-section have been complied with].
32. Saving of right to sue in 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, [60][60][or executing any decree], in any competent
Court, in respect of any claim which has been duly notified, within the time
and in the manner hereinbefore prescribed, to the [61][61][District Officer (Revenue)], and which has,
whether in whole or in part, been disallowed by him:
[62][62][Provided that no suit or proceedings in execution
of any decree shall at any time be brought or be maintainable—
(a) in
respect of any claim which has not been so notified; or
(b) to
set aside or modify the order (if any) of a [63][63][District Officer (Revenue)] fixing a date
for the payment of such claim or regulating the order in which claims against
the ward of properties under the superintendence of the Court of Wards shall be
paid].
(2) In computing any period of limitation
prescribed by the [64][64]Indian Limitation Act, 1877, or section 230
of the Civil Procedure Code[65][65], 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. Appeal and
revision.— No appeal shall lie from any decision given or order made by a [66][66][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 [67][67][District Officer (Revenue)] on any person.— For the purposes of this chapter, the [68][68][Board of Revenue] may, at any time or at any
stage of any proceedings thereunder, invest any person with all or any of the
powers of a [69][69][District Officer (Revenue)].
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 Guardian and Wards Act, 1890[70][70], and if a ward leaves or is removed from the
custody of a guardian appointed under this section, the [71][71][District Officer (Revenue)] of the District
specified in the notification issued under section 9 may exercise the powers
conferred by section 25 of the said Act on a Court as defined in that Act.
(3) The Court of Wards may appoint any person
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
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;
(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 and 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 therefor; and he may, subject to
the same 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
authorised 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) give 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;
(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 his
duties;
(f) be
responsible for any loss occasioned to the property by his negligence or wilful
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
manager.— The appointment of
every guardian or manager appointed under this chapter, shall terminate on the
court of Wards ceasing to 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 [72][72][Pakistan] Penal Code[73][73] and for the purposes of that Code.
(2) Every such manager shall be deemed to be
a ‘public accountant’ within the meaning of the Public Accountants Act, 1850[74][74], and every such guardian shall be deemed to
be a ‘Public accountant’ within the meaning and for the purposes of sections 3
to 5 of the Public Accountants Act, 1850[75][75].
(3) In the definition of ‘legal remuneration’
contained in section 161 of the [76][76][Pakistan] Penal Code the word “Government”
shall, for the purposes of this section, be deemed to include the Court of
Wards.
43. [77][77][District Officer (Revenue)] when to discharge the duties
of guardian or manager.— If
no such guardian or manager is appointed by the Court of Wards, the [78][78][District Officer (Revenue)] of the District
specified in the order of assumption in the notification under section 9 or any
other [79][79][District Officer (Revenue)] whom the Court
of Wards may appoint in that behalf, shall be competent to do anything that
might be lawfully done by a guardian of the person or a manager of the property
appointed under this chapter.
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:
Provided,
[81][81][* * *] 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 [82][82][District Officer (Revenue)] to be guardian
of the person or property, or both, of the person concerned, under the Guardians
and Wards Act, 1890[83][83].
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 either release such property
or, with the sanction of the [84][84][Board of Revenue] retain it 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 ward also
retain, until the said debts and liabilities have been discharged, the property
of which it has assumed the superintendence under section 8.
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 a proprietor who has ceased to be disqualified shall not,
after the cessation of such disqualification, be deemed to be ward for the purposes
of this Act and the Court of Wards shall pay to such proprietor the surplus
income accruing from his share of the joint property.
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[85][85], and in every such case the [86][86][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 [87][87][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.
48. Disposal of property after the death of a
person 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 person entitled to or claiming the same, or may institute a suit of
interpleader 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. Notifications
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 [88][88][Official Gazette], and such release shall take
effect from the date fixed in this behalf in the notification.
51. Recovery of expenses.— Any expense 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 PROVISIONS
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.
(2) No
suit shall be brought against any officer of Government 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 Chapters VI and VII to be considered judicial proceedings.— Every investigation
conducted by a [89][89][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 [90][90][Pakistan] Penal Code[91][91].
54. Power to make
rules.—
The Court of Wards may, with the previous sanction of the [92][92][Provincial Government] make rules[93][93] 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;
[94][94][* * *]
[96][96][(d)] generally
for the purpose of giving effect to all or any of the provisions of this Act.
SCHEDULE
ENACTMENTS REPEALED
Number and
year
|
Title
|
Extent of repeal
|
XXVI of 1854
|
Education of male minors subject to the
superintendence of the Court of Wards.
|
The whole so far as it applied to the Punjab.
|
IV of 1872
|
The Punjab Laws Act, 1872.
|
Sections 34 to 38 inclusive.
|
XII of 1878
|
Amendment of the Punjab Laws Act, 1872.
|
Sections 3 and 4.
|
[1][1]For statement of objects and
reasons, see Punjab Gazette, 1902,
Part V, page 114; for report of the Select Committee, see ibid., 1903, page 21; for Proceedings in Council, see ibid., 1902, page 128; ibid., 1903, page 35.
[2][2]The word, “Indian”, omitted
by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1955 (XV of 1955),
section 2, Schedule I, Part II.
[4][4]Substituted by the Punjab
Court of Wards (West Pakistan Amendment) Ordinance, 1968 (III of 1968).
[5][5]Substituted for the words
“Commissioner of the Division”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[9][9]The words, “the Commissioner
of the Division or”, omitted by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), section 3, Schedule III.
[10][10]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[11][11]Substituted
the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”
which were previously substituted, for the words “Local Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[12][12]The words, “Commissioner or”,
deleted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of
1957).
[13][13]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[14][14]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”
[16][16]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words
“Provincial Government”.
[21][21]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words
“Provincial Government”.
[22][22]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[24][24]Substituted, for the word
“Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[25][25]Substituted for the words
“Deputy Commissioner”, by the Punjab Court of Wards (Amendment) Ordinance, 2001
(XXVIII of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[27][27]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule, III, for the following portion:-
“For the purpose of satisfying himself as to whether in respect of
any land-holder,
(a) the Provincial Government 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.”
The words “Provincial Government” were earlier substituted for the words
“Local Government” by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[28][28]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[34][34]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[35][35]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III for the words “Provincial Government” which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[36][36]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III for the words “Provincial Government” which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[39][39]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[40][40]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the words “the cause of action, and the relief which he
claims”.
[42][42]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[44][44]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[46][46]Substituted for the word “Gazette”,
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937.
[47][47]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[49][49]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[53][53]Substituted, for the word
“the Crown”, by the West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule, Part II.
[54][54]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[56][56]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[57][57]The words and figures “until
the plaintiff or the decree-holder files the certificate that the claim has
been notified in accordance with section 29” omitted by the Punjab Court of
Wards (Amendment) Act, 1944 (II of 1944), section 3.
[59][59]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[61][61]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[62][62]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the following words:-
“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 Deputy Commissioner (if any) fixing a date
for the payment of such claim or regulating the order in which claims against
the ward or properties under the superintendence of the Court of Wards shall be
paid”.
[63][63]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[66][66]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[67][67]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[68][68]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III, for the words “Provincial Government”, which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[69][69]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[71][71]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[72][72]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[76][76]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[77][77]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[80][80]The first proviso omitted by
the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III.
[81][81]The word, “further”, omitted,
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III.
[82][82]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[84][84]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”,
which were previously substituted, for the words “Local Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[86][86]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[88][88]Substituted, for the word
“Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[89][89]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[90][90]Substituted for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[92][92]Substituted for the words
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[93][93]For rules, see notifications No. 55, dated the 12th
March, 1904 Punjab Gazette, 1904,
Part III, page 337, as amended by No. 254, dated the 30th November, 1938, Punjab Gazette, 1908, Part III, page
1403, No. 7, dated: the 6th January, 1915, Punjab
Gazette, 1915, Part III, page 37, No. 106, dated: the 19th June, 1916, Punjab Gazette, 1916, Part III, para.
928.
[94][94]The word “and” omitted by the
Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), section 5(a).
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