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ANDHRA PRADESH (ANDHRA AREA) COURT OF WARDS ACT, 1902
ANDHRA PRADESH (ANDHRA AREA) COURT OF WARDS ACT, 1902
1 of 1902
27th May, 1902
An Act to consolidate an amen the law relating to the Court of wards in the Andhra Area of the State of Andhra Pradesh. Preamble: Whereas it is expedient to consolidate an amen the law relating to the Court of Wards in the Andhra area of the State of Andhra Pradesh; It is hereby enacte as follows:
CHAPTER 1 Preliminary
Section 1 Short title
This Act may be calle the Andhra Pradesh (Andhra Area) Court of Wards Act, 1902
Extent:- It extends to the Andhra area of the State of Andhra Pradesh exclusive of the schedule districts
Section 2 Laws repealed
Section 25 of the Andhra Pradesh (Andhra Area Collectors Regulation, 1803 the Madras Court of Wards Regulation, 1804, the Madras Minors Act, 1855, an the Madras Court of Wards (Amendment) Act, 1899, are hereby repealed.
Section 3 Jurisdiction of High Court saved
Nothing in this Act shall be construe to affect or in any way to derogate from any power possesse by the High Court of Andhra Pradesh) over the persons an estates of infants, idiots an lunatics.
Section 4 Definitions
In this Act, unless there is something repugnant in the subject or context.
"The Court" means the Court of Wards.
"Ward" means a person who has been made a war of the Court under Section 19.
"Minor" means a person who, under the provisions of the Indian Majority Act, 1875, as amende by Section 52 of the Guardians an Wards Act, 1890, has not attaine majority.
"Proprietor" means a person who owns or has a life interest in lan either solely or as a cosharer.
CHAPTER 2 The Court of Wards
Section 5 Court of Wards
The Boar of Revenue shall be the Court of Wards for the territories to which this Act extends, an for the purposes of this Act, Collectors shall be subject to the control of the Court.
Section 6 Control of State Government
The Court of Wards shall be subject to the control of the State Government an the State Government may if it thinks fit, revise, modify or reverse any order passe or proceedings taken under this Act, whether a petition is presente against such order or proceeding or not.
Section 7 Distribution of business
(1) Sections 2,3 an 4 of the Andhra Pradesh (Andhra Area) Boar of Revenue Act, 1804, shall, so far as may be apply to the Boar of Revenue when exercising jurisdiction as the Court of Wards. Secretary may sign for Court:- (2) It shall in all cases be lawful for a Secretary of the Boar of Revenue to sign on behalf of the Court.
Section 8 Powers of Court how exercised
The Court may exercise all or any of the powers conferre on it by this Act through the District Collectors in whose districts any part of the property of the war may be situate or through any other person whom it may appoint for the purpose; an may confer any of its powers on any such Collector or person an withdraw any powers so conferred.
CHAPTER 3 Assumption of Superintendence of Persons an Property
Section 9 Disqualification
The following proprietors shall be deeme to be disqualifie for the management of their property:
(a) Minors
(b) Women declare by the State Government to be incapable of managing their property.
(c) Proprietors adjudge by a competent civil court to be of unsoun min an incapable of managing their property.
(d) Proprietors declare by the State Government to be incapable of managing their property owing to any physical or mental defect or infirmity rendering them unfit to manage their property.
Section 10 Immediate protection of disqualifie heirs
(1) Whenever a Collector receives information that a proprietor of lan situate in his division or district has died, an he has reason to believe that the heir of such proprietor is, or shoul be declare to be, disqualifie under section 9-
(a) he may take such steps an make such order as the thinks proper for the temporary custody an protection of the property which he has reason to believe to belong to the heir;
(b) if the heir be a minor he may direct that the person, if any, having custody of the minor, shall produce him or cause him to be produced, at such place an time, an before such person as he appoints, an may make such order for the temporary custody an protection of the minor as he thinks proper;
(c) female minors who ought not to be compelle to appear in public shall be produce in accordance with the manners an the customs of the country.
(2) If the Collector taking action under subsection (1) is not the District Collector, he shall report the matter forthwith to the District Collector, who shall decide whether to direct the collector to withdraw, or himself to report the matter to the Court as provide in section 12.
Section 11 Recovery of expenditure
All expenses incurre by a Collector, acting under section 10, shall, whether the property is afterwards taken under the superintendence of the Court or not, form a charge upon the property concerned, an shall be recoverable from the owner of such property, or the person whom the Collector shall fin to be in possession of such property, as, an arrear of lan revenue.
Section 12 Report by District Collector
Whenever any District Collector, after making such inquiry as he deems necessary; has reason to believe that any proprietor in his district is, or shoul be declare to be, disqualifie under section 9. he shall submit a report to the Court setting forth all the circumstances of the case. Provide that in the case of proprietors of lan on which the annual revenue payable to Government is less than Rs.10,000 or of which the annual rent value as define in the Andhra Pradesh (Andhra Area) District Boards Act, 1920 (Act XIV of 1920 is less than Rs.20,000 the District Collector nee not report the case to the Court unless he is of opinion that the Court ought to assume the superintendence of the property: Provide also that the Court of the State Government may call for a report on any case if it thinks fit.
Section 13 Proprietor to be given opportunity to be hear an to adduce evidence
(1) Before reporting to the Court under Section 12 that a proprietor ought to be declare to be disqualifie under clause (b) or (d) of Section 9, the District Collector shall give notice to such proprietor an affor him a reasonable opportunity to be hear an to adduce evidence. (2) All questions as to whether the provisions of this section have been complie with shall be decide finally by the State Government)
Section 14 Report by Court
The Court shall consider the Collectors report an except in the case of female proprietors, not being minors, whom it decide to leave in charge of their property, shall report the case on the State Government with its recommendation an pending the receipt of orders shall have power to take such steps as it may deem necessary for the protection of the person an property of the proprietor in question.
Section 15 State Government may declare proprietor disqualified an direct Court to assume superintendence
The State Government on receipt the Courts recommendation, may in any case falling under clause (b) or (d) of section 9 declare the proprietor to be disqualified, an in any case falling under Section 9 may order the Court to assume the superintendence of the person or property of the proprietor or of both.
Section 16 Proprietor not to be declare disqualifie under section 9 (d) unless on grounds of public interest
The State Government shall not declare any proprietor to be disqualifie under clause (d) of section 9 unless satisfie that it is expedient in the public interest that his property shoul be manage by the Court, an statement to this effect shall be inserte in the declaration made by the State Government as provide in section 15.
Section 17 Provision to meet case of undivide Hindu families an co sharers
(1) The State Government shall not order the Court to take the property of an undivide Hindu family under its superintendence unless all the coparceners are, or are declare to be, disqualifie under section 9.
(2) When two or more proprietors are cosharers otherwise than as coparceners in an undivide Hindu family an one of such co sharers is, or is declare to be disqualifie under section 9 the State Government may order the Court to institute a suit for partition on behalf of the disqualifie proprietor an to take under its superintendence the property allotte to such proprietor in the partition.
Section 18 Application by proprietor himself
A proprietor may make application to the State Government to have his property place under the superintendence of the Court, an the State Government may on being satisfie that it is expedient in the public interest that such property shoul be manage by the Court, make a declaration to that effect an order the Court, to assume the superintendence of such property.
Section 19 Notification of assumption of superintendence
(1) Whenever under Section 15 or 18the State Government orders the Court to take under its superintendence the person or property of a proprietor or both such order of the State Government together with any declaration made under the aforesai sections shall be notifie in the Official Gazette an also in the Gazette of the district in which such property or any portion thereof is situate. The notification shall specify the District Collector who shall discharge the duties impose upon a Collector by this Act in respect of such person or property or both, as the case may be.
Consequences of such notification:-
(2) Such proprietor shall be deeme to have become a war under the Court, from the date of the sai order of State Government an the superintendence of his person or property or of both shall take effect from the sai date, an as to property shall exten to all movable an immovable property belonging to him at the date of the order, or to which he shall afterwards become in any way entitle whilst he continues under such superintendence:
Provide that it shall be in the discretion of the Court to assume or refrain from assuming the superintendence of any property which the war may acquire otherwise than by inheritance subsequent to the date of the order of the State Government under section 15 or 18.
CHAPTER 4 Management an Guardianship
Section 20 Collector to take charge of wards property
When Court has assume the superintendence of the property of a war the District Collector specifie in the notification under Section 19 or if so directe by the Court the Collector of the district in which any part of the property is situate shall take possession an custody of such property on behalf of the Court.
Section 21 Powers of Collector in so doing
It shall be lawful for such Collector-
(a) to order any person in possession of any movable property to the possession of which the war is entitle or of any accounts or papers relating to the property of such ward, to deliver up such movable property. accounts or papers;
(b) in case there is reason to believe that any movable property to the possession of which the war is entitle or any accounts, or papers relating to the property of the war are to be foun in any room, box, or receptacle within any house in the actual possession of the ward, to break open such room, box, or receptacle or authorize the same to be broken open for the purpose of searching for such propriety, accounts or papers;
(c) to order any person who is or has been in the employ of the ward, an any person who was in the employ of the decease proprietor, if any, from whom the war derives his title, to atten before him for examination an to defray the necessary expenses of any person so attending out of the assets of the estate;
(d) to order all holders of tenures an undertenures on the wards property to produce their title before him.
Section 22 Allowances for war an family
The Court may determine what sums shall be allowe for the expenses of the war an of his family an dependants.
Section 23 Custody, residence, education an marriage of war or minor relatives
The Court may make such orders an arrangements, as to it may seem fit in respect of the custody, residence, education an marriage
(a) of any war whose person is for the time being under his superintendence.
(b) of any minor child, minor brother or minor sister of such ward, who, in the opinion of the Court, is entitle to maintenance at the charge of the wards estate.
(c) of the wards next male heir being a minor an also so entitle to maintenance.
Section 24 Appointment etc., of managers an guardians
The Court may appoint managers for the property, an guardians for the person, of any war an may control or remove any manager or guardian so appointed:
Provide that it shall not appoint a guardian for any person who has become a war in pursuance of an order under Section 18.
(2) Any appointment made under this section shall terminate when the Court ceases to exercise superintendence over the person for whom a guardian, or over property for which a manager, has been appointed.
Section 25 Collector to act if there are none
If no manager of the property or guardian of the person of a war is appointe by the Court, of the office is temporarily vacant, the District Collector specifie in the notification under Section 19, or any other Collector whom the Court may appoint in this behalf, shall be competent, under the control of the the Court, to do anything that might be done by such manager or guardian.
Section 26 Who may an may not be guardians
(1) No person being the next legal heir of a ward, or appearing to have a direct or indirect advantage in the death or continue disqualification of such ward, shall be appointe guardian of such ward:
Provide that the mother of a ward, or any person appointe guardian by the will of a person authorise to make such appointment may be appointe guardian by the Court at its discretion.
(2) A female guardian shall be appointe for a female ward, an a male guardian for a male war above seven years of age, unless, in any case, the Court, for special reasons, shall direct otherwise: Provide that no guardian shall ordinarily be appointe for a female war if she has an adult husband.
Section 27 Duties of guardians
A guardian appointe under Section 24 shall be charge with the custody of the ward, an subject to the control of the Court, shall make suitable provision for his maintenance an health, an if he be a minor, for his education, an for such other matters as are require by the personal law to which the war is subject, an shall-
(a) give such security (if any), as the Court thinks fit, for the due performance of his duty;
(b) submit such accounts as the Court may direct;
(c) pay the balance due from him thereon;
(d) continue liable to account to the Court after he has cease to be guardian for his receipts an disbursements during the perio of his guardianship.
(e) apply for the sanction of the Court to any act which may involve expense, not previously sanctione by the Court;
(f) be pai such allowance out of the property of the war as the Court thinks fit.
Section 28 Powers of manager
Every manager appointe by the Court shall have power, subject to the control of the Court, to collect the rents of lan place under his charge, as well as all other money due to the ward, an to grant receipts therefor, an may under the orders of the Court, grant or renew such leases as may in his opinion be necessary for the goo management of the property, an do all such lawful acts as he may be generally or specially authorize by the Court to do for the goo management of the property.
Section 29 Duties of manager
Every manager appointe by the Court shall manage the property place under his charge diligently an faithfully an shall
(a) give such security, if any, as the Court thinks fit duty to account for what he may receive in respect of the rents an profits of the property under his charge;
(b) keep such accounts in such form an submit them at such times as the Court may direct;
(c) deal with all moneys receive by him in such manner as the Court may direct;
(d) apply for the sanction of the Court to any act which may involve the property in expense not previously sanctione by the Court;
(e) be responsible for any loss occasione to the property by his negligence or wilful default;
(f) continue liable to account to the Court after he has cease to be manager for his receipts an disbursements during the perio of his managership;
(g) be pai such allowance out of the property of the war as the Court thinks fit.
Section 30 Employees of Court deeme to be public servant
Every guardian manager, or other servant of the Court, shall be deeme to be a "public servant" within the meaning of sections 161,162, 163, 164 an 165 of the Indian Penal Code, an in the definition of legal remuneration containe in the sai Section 161, the wor "Government" shall for the purposes of this section, be deeme to include the Court.
Section 31 Central Act 12 of 1850. Reg. IX of 1822
Every manager or other servant of the Court entruste with the receipt, custody or control of moneys or securities for money on behalf of the Court with the management of any property under its superintendence shall be deeme to be a public accountant within the meaning of the public Accountants Default Act, 1850, an shall be amenable to the provisions of the Andhra Pradesh Revenue Malversation, 1822 , as if he were a servant of the Collectors public establishments.
Section 32 Regulation of expenditure
Unless the Court otherwise directs, all moneys receive by, or on behalf of, the Court on account of the property of any ward, shall be employe in meeting the charges include in Class I hereinafter specifie before it is employe in meeting the charges in Classes II an III hereinafter specified, an in meeting the charges in Class II before it is employe in meeting those in Class III. Class I
Charges necessary for the maintenance, residence, education, marriage an indispensable religious observances of the war an his family. Charges necessary for the management an supervision of the property of the ward.
Charges on account of Government revenue an of all cesses an other public demands due in respect of such property, or any part of such property
CLASS II
Charges on account of rent, cesses or demands due to any superior landholder in respect of any lan hel on behalf of the ward. The liquidation of debts payable by the ward. Expenses necessary to protect the interests of the war in the civil courts or otherwise. the maintenance in efficient condition of the estates, buildings an other immovable property an the suitable upkeep of the furniture, equipage livestock an other movable property belonging to the ward.
CLASS III
The payment of such charges for the religious observances of the war an his family an of such religious, charitable an other allowances, an of such donations befitting the position of the wards family, as the Court may authorize to be paid.
The prevention an relief of distress among the wards tenantry. The improvement of the lan an property of the war an the benefit of the war an his property generally.
Section 33 Surplus how to be dealt with
Any surplus which remains after providing, so far as the Court deems fit for the objects mentione in section 32, shall be applie in the purchase of other lande property, or investe at interest on the security of-
(a) Promissory notes, debentures, stock an other securities of the Central Government;
(b) bonds, debentures an annuities charge by the Parliament of the unite Kingdom before the 15th day of August 1947 on the revenues of India or of the GovernorGeneral in Council or of any Province;
(c) stock, or debentures of, or shares in, railways or other companies, the interest whereon has been guarantee by the Secretary of State for India in Council.
(d) debentures, or other securities for money, issue by or on behalf of, any local authority under the authority of any Central Act, any Provincial Act as define in clause (46) of section 3 of the General Clauses Act, 1897, or any State Act as define in clause (59) of the sai section 3
(e) such other securities, stock, or shares guarantee by the Central Government or the State Government as the Court shall deem fit; or,
(f) first mortgages of immovable property situate in any part of India which, immediately before the 1st day of November 1956, was comprise in a Part A State or Part C State provide that the property is not a leasehol for a term of years an that the value of the property exceeds by onethir or consisting of buildings, exceeds by one half, the mortgage money.
Section 34 Disa lities of wards
(1)A war shall not be competent -
(a) to transfer or create any charge on, or interest in, any part of his property which is under the superintendence of the Court, or to enter into any contract or to make any acknowledgment involving him in pecuniary lia lity personally or in respect of such property; but nothing in this clause or in section 23 shall be deeme to affect the capacity of a war to enter into contract of marriage; provide that he shall not incur in connection therewith any pecuniary lia lity, except such as having regar to the personal law to which he is subject an to his rank an circumstances, the Court may in writing, declare to be reasonable;
(b) to grant vali receipts for the rents an profits arising or accruing from such property or for debts or other moneys due to the estate;
(c) to adopt or to give a written or verbal permission to adopt without the consent of the Court.
(d) to dispose of his property by will without the consent of the Court: Provide first, that the Court shall not withhol its consent under clause (c) or (d) if the adoption or testamentary disposition is not contrary to the personal or special law applicable to the ward, an does not appear likely to cause pecuniary embarrassment to the property or to lower the influence or respecta lity of the family in public estimation:
Provided, secondly, that the Court may confirm a will or an adoption made, or a permission to adopt given,without its previous consent: Provide thirdly, that the provisions of clauses (c) an (d) shall not apply to any proprietor in regar to whose property a declaration has been made under section 18.
(2) No claim under section 68 of the Indian Contract Act, 1872, shall be enforceable against the property of a war which is under the superintendence of the Court; but the Court may, in its discretion satisfy in whole or in part any such claim.
Section 35 Powers of Court as to property under its superintendence
The Court may mortgage or sell the whole or any part of any property under its superintendence an may give leases of farms of the whole or any part of such property for such terms as it thinks fit, an may make remission of rent or other dues, an may generally pass such orders an do such acts not inconsistent with the provisions of this or any other Act for the time being in force as it may judge to be for the advantage of the war or for the benefit of the property.
Section 36 Establishments an distribution of charges
The Court may order such establishments to be employe an charges to be incurre as it shall consider requisite for the care an management of the persons an properties under its superintendence, an generally for all the purposes of this Act, an may order that such charges shall be borne by an distribute amongst the sai properties in such proportions as it deems fit.
CHAPTER 5 Ascertainment an Settlement of Debts.
Section 37 Notice calling upon claimants to notify claims
(1) On the publication of a notification under Section 19, the District collector therein specifie may. at any time with the previous sanction of the State Government publish in the Gazette of the district or districts in which such property may be situate a notice in English an in the vernacular calling upon all persons having pecuniary claims, whether immediately enforceable or not against the war or his property to notify the same in writing to the collector within six months from the date of such notification.
(2) The notice shall also be publishe at such places an in such other manner as the Court may, by general or special order, direct an shall be sent by registere post to every person who is known to the Collector as having a pecuniary claim against the war or his property an of whose address the Collector is credibly informed.
(3) The State Government may at any stage of the proceedings under sections 37,38 an 40 invest any person either by name or in virtue of his office with the powers of a Collector for any or all of the purposes of these sections. Explanation:A claim shall be deeme to be pecuniary for the purpose of this section an sections 38 an 41 notwithstanding that a suit for its enforcement or a reference of such claim to ar tration is pending or that a decree or awar has been passe establishing the same.
Section 38 Claimants to furnish full particulars an documents
(1) Every such claimant shall within the perio prescribe by section 37, notify to the Collector in writing his claim with full particulars thereof:
Provide that any claim presente after the expiration of such perio an within a further perio of six months may be admitte if the claimant satisfies the Collector that he ha sufficient cause for not notifying the claim at an earlier date.
(2) Every document (including entries in books of account) in the possession of or under the control of the claimant on which he founds his claim, shall be produce before the collector with the statement of claim or within such time after the preferring of the claim as may be allowe by the Collector in that behalf:
Provide that if the claim relates to an amount secure by a decree or award, it shall be sufficient for the claimant to produce before the Collector a certifie copy of the decree an a certificate from the Court which passe or is executing the same declaring the amount recoverable thereunder or a true copy of the awar an a statement of the sum recoverable thereunder as the case may be; an if the claim is pending adjudication in any court or has been referre to ar tration, it shall be sufficient for the claimant to produce a certifie copy of the plaint or a true copy of the reference to ar tration as the case may be.
(3) It shall be lawful for the Collector to require the production by any claimant of such of the documents in his possession or power relating to his claim other than the documents, if any, produce under subsection (2) as the Collector may consider necessary.
(4) Unless the Collector shall otherwise direct, every document produce under this section shall be accompanie by a true copy thereof. The Collector shall mark the original document for the purpose of identification and, after examining an comparing the copy with it, shall retain the copy an return the original to the claimant.
Section 39 Pecuniary claim of the Government, etc., not affected
Nothing containe in section 37 an 38 shall apply to any pecuniary claim of the Government or any local authority, or to claims for maintenance or for wages or salaries due to servants.
Section 40 Claims admitte an disallowed
The Collector shall after making such inquiry as he may deem fit, decide which claims notifie or admitte under section 38 are to be allowe in whole or in part, an which are to be disallowed, and, on his decision being confirme by the Court, shall give written notice of the same to the claimants:
Provide that nothing herein containe shall be construe as precluding any claimant from continuing or instituting proceedings in any civil court in respect of any claim whether such claim be allowe or disallowe by the Court in whole or in part.
Section 41 Claims not notifie cease to carry interest etc
Every pecuniary claim against the war or his property which has not been duly notifie to, or admitte by the Collector under section 38 shall not notwithstanding any law, contract, decree or awar to the contrary, cease to carry interest from the expiration of the perio prescribe by section 37, an shall not be pai until after the discharge or satisfaction of the claims notifie or admitte under section 38.
Section 42 Inadmissi lity in evidence of documents not produced
No document in the possession or under the control of the claimant which shoul have been, but has not been produce in accordance with the requirements of section 38 shall be admissible in evidence against the war or his representative in any suit brought by or against the claimant, or any person claiming under him unless it be prove to the satisfaction of the civil court that it was not within his power to produce such document before the Collector.
Section 43 When mortgagee in possession may be dispossessed
(1) When any property of a war is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfie that it is expedient in the public interest that the estate shoul be preserve an that such incumbrancer shoul deliver up possession of the mortgage property, make a declaration to that effect, an direct the Court to take possession thereof; the Court shall thereupon by an order in writing, require such incumbrancer to deliver up possession of the same to the manager at the en of the then current revenue year.
(2) If such incumbrancer refuses or neglects to obey such order, the Collector may, without resorting to a civil court, enter upon the property an summarily evict therefrom the sai incumbrancer an any other person obstructing or resisting on his behalf.
(3) The dispossession of the incumbrancer under subsections (1) an (2) shall not deprive him of any summary powers which he woul have ha under the Madras Rent Recovery Act, 1865, for the recovery of arrears of rent due to him at the date of his dispossession.
(4) If in the instrument of mortgage under which the incumbrancer is in possession of the property, no rate of interest is specified, the Collector, shall, in cases where the mortgage debt has been notifie to or admitte by him, offer to the incumbrancer the rate of interest which appears to him to be reasonable; an pass an order fixing the rate accordingly. Copy of the order shall be serve upon the incumbrancer in the manner prescribe by the Code of Civil Procedure for service of summons upon a defendant. If the incumbrancer be dissatisfie with the rate of interest so fixed, he may, within three months from the date of service upon him of such order, institute a suit against the war in a district court within whose jurisdiction the property mortgage or any portion thereof is situate, an the sai court shall, if the mortgage debt has been notifie or admitte as aforesaid, pass a declaratory decree fixing such rate of interest as to it may seem reasonable. If no such suit be institute within the sai period, the incumbrancer shall be deeme to have agree to the rate fixe by the Collector.
(5) If an incumbrancer is dispossesse under this, section the money due to him under the instrument of mortgage at the date of such dispossession together with subsequent interest on the unliquidate principal of the mortgage debt at the rate stipulate in the sai instrument, an in the absence of such stipulation at the rate determine as hereinbefore provided, shall, subject to the provisions of section 41, an subject to the charges specifie in classes I an II in section 32, excepting the liquidation of debts payable by the ward, an the provisions with reference to the upkeep of the furniture, equipage, livestock an other movable property belonging to the ward, be recoverable together, with any money which he may be legally entitle to ad to the principal money, on the security of the property mortgage an of the rents an profits arising or accruing therefrom subsequent to the date of such dispossession, in the same manner as if he were a simple mortgagee under the sai instrument of such property an of such rents an profits.
(6) The Collector shall, as soon as conveniently may be, after the expiration of the revenue year commencing with the date of such dispossession an of every successive revenue year declare, subject to the approval of the Court, the gross annual rents an profits realize from such property, the several heads of expenditure an the balance an such declaration shall be conclusive evidence of the statements therein contained. A copy of such declaration shall be furnishe to the dispossesse incumbrancer free of charge.
Section 44 Provision regarding leases for insufficient consideration
(1) When any property of a war is in the possession of any person claiming to hol under a lease grante by the war an date within the three years immediately preceding the commencement of the superintendence or of any person claiming under such lessee, the Collector may inquire into the sufficiency of the consideration for which the lease was granted; an if such consideration appears to him inadequate, he may, with the previous sanction of the Court, give notice in writing that the lease shall determine at the en of the then current revenue year unless the lessee or any one claiming under him pays or agrees to pay such additional consideration as may be mentione in such notice within a date therein fixed. If within such date such person does not pay or enter into an agreement to pay the additional consideration demanded, or such other consideration as the Collector may be willing to accept, the lease shall determine at the en of the then current revenue year.
Provide that such person may, if dissatisfie with the sai notice of the Collector, institute a suit against the war within three months from the date of service of such notice in a district court within whose jurisdiction the property comprise in the lease or any portion thereof is situate for determining whether the consideration for the lease was adequate, an if not, whether the additional consideration demande by the Collector or what other amount is reasonable.
(2) If the sai district court be satisfie that the lease was grante for adequate consideration an it is not shown to be otherwise invalid, it shall pass a decree establishing the validity of the lease.
(3) If the district court holds the consideration for the lease to be inadequate, it shall determine the amount of additional consideration to be pai by the lessee.
(4) If no such suit be institute or if on the institution of such suit the lessee does not within one month from the date of the decree therein pay or enter into an agreement to pay the additional consideration, determine by the district court, the Collector may without resorting to a civil court enter upon the property an summarily evict therefrom such person an any other person obstructing or resisting on his behalf.
Section 45 Execution of decrees to be transferre to Collector in certain cases
(1) In the case of any specifie war of the Court, the State Government may declare by notification in the Official Gazette that execution of decrees passe by civil courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contract specifically affecting any such immovable property order the sale of the same, whether such decrees be passe prior to such notification or subsequent thereto, shall be transferre to the Collector of the district in which such property or any portion thereof is situate an rescin such notification.
Provide that when a portion only of a decree passe by a civil court is of the description aforesaid, such portion alone shall be transmitte to the Collector for execution.
(2) The State Government may also notwithstanding anything containe in the Code of Civil Procedure prescribe rules for the transmission of the decree from the civil court to the Collector, an for regulating the procedure of the Collector in executing the same, an for retransmitting the decree from the Collector to the civil Court.
(3) Rules under this section may confer upon the Collector or any gazette subordinate of the Collector all or any of the powers which a civil court might exercise in the execution of the decree if the execution thereof ha not been transferre to the Collector, including the powers of the civil court under Sections 294 an 312 of the Code of Civil Procedure an may provide for orders passe by the Collector or any gazette subordinate of the Collector or orders passe on appeal with respect to such orders, being subject to appeal to an revision by superior revenue authorities as nearly as may be as the orders passe by the civil court, or orders passe on appeal with respect to such orders, woul be subject to appeal to an revision by appeallte or revisional civil courts under the Code of Civil Procedure or other law for the time being in force if the decree ha not been transferre to the Collector.
(4) A power conferre by the rules upon the Collector, or any gazette subordinate of the Collector, or upon any appellate or revisional authority, shall not be exercisable by the civil court which passe the transferre decree or by any civil court in exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders of the aforesai civil court,.
(5) In executing a decree transferre to the Collector under this section the Collector shall be deeme to be acting judicially within the meaning of the Judicial Officers Protection Act, 1850.
Section 46 Collector to whom execution of decree has been transferre to cease to discharge the functions of a Collector under the Act
(1) When the Collector, to whom the execution of any decree has been transferre under Section 45, is also the Collector who has to discharge the other functions of a Collector under this Act in respect of the war against whom such decree has to be executed, the State Government shall appoint some other person by name or in virtue of his office to exercise the functions of a Collector under this Act in respect of such war other than the execution of the decrees transferre to him.
(2) The Boar of Revenue may authorize the person so appointe to exercise all or any of the powers conferre on a revenueOfficer in charge of a division by subsection (2) of Section 16 of the Andhra Pradesh (Andhra Area) Proprietary Estates Village Service Act, 1894
Section 47 Certain provisions of Civil Procedure Code to be applicable to execution of decrees transferre to Collector
The provisions of Sections 321, 322, 322A, 322B, 322C, 322D, 323, 324A, 325, 325A, 325C of the Code of Civil Procedure shall subject to the provisions of this Act an to such rules as may be prescribe by the State Government under Section 45, be applicable as far as may be to the execution of decrees transferre under Section 45.
CHAPTER 6 Suits
Section 48 Exercise of discretion not to be questione in Civil Court
No declaration made by State Government under Section 15 or 18 an no act done in the exercise of any discretionary power conferre by this Act shall be questione in any civil Court.
Section 49 Suit not to be institute until after notice to Collector
(1) No suit relating to the person or property of any war shall be institute in any civil court until the expiration of two months after notice in writing has been delivere to or left at the office of the District Collector specifie in the notification under Section 19 or the Collector appointe under Section 46,as the case may be.
(2) Such notice shall state the name an place of abode of the intending plaintiff, the cause of action an the relief which he claims, an the plaint shall contain a statement that such notice has been so delivere or left:
Provide that notice under this section shall not be require in the case of any suit the perio of limitation for which will expire within three months from the date of notification under Section 19.
Section 50 Suit or proceeding by or against ward
In all suits or proceedings in any civil or revenue court the war shall sue an be sue in his own name an the manager of his property appointe under Section 24 or, if there is no such manager, the officer competent to act as manager under Section 25 shall represent him, as next frien or guardian ad litem as the case may be.
Section 51 Costs against collector or manager how paid
If in any such suit or proceedings any civil or revenue court shall decree any costs against the manager or other officer competent to act as manager under Section 25 the Court of Wards shall cause such costs to be pai out of any property of the ward, which, for the time being, may be in its hands.
Section 52 Suits must be authorize by Court
No suit shall be brought on behalf of any war by the manager or other officer competent to act as manager under Section 25 unless authorise by some particular or general order of the Court. Provide that a manager or other officer as aforesai may file a plaint in order to prevent a suit from being barre by the law of limitation, but such suit shall not be further proceede with, until the consent of the Court has been obtained.
Section 53 Adjudication of civil disputes between two or more wards
(1) When any question arises as between two or more wards of such a nature than an adjudication upon it by a civil court is expedient, it shall be lawful for the Court of Wards, acting through the Collector of the district in which a case might have been state for the opinion of the civil court with regar to such matter under Section 527 of the Code of Civil Procedure, to file in the civil court having jurisdiction, a statement containing the point or points for determination.
(2) When such statement has been filed, the civil court shall appoint a guardianMI a litem for each war having a separate interest, an such guardians shall thereupon conduct the case subject to the general control of the Court of Wards.
(3) The civil court may, if it thinks fit, amen the case so stated, an shall then procee to hear an dispose of the case in the manner provide in Chapter XXXVIII of the Code of Civil Procedure for the hearing an disposal of cases state for opinion under that Chapter.
CHAPTER 7 Release of Persons an Property from Superintendence
Section 54 Release from superintendence
The court may, with the previous sanction of the State Government in all cases where superintendence has been assume in pursuance of orders under Section 15, at any time release from its superintendence the person or property of a war or both an shall save as provide in Section 57 release from superintendence
(a) the person an property of a war disqualifie under clause (2) of Section 9 as soon as he cease to be a minor;
(b) the person an property of a war disqualifie under clause (a) of Section 9 as soon as it is foun by a competent civil court that the disa lity has ceased,;
(c) the person an property of a proprietor declare to be disqualifie under clause (b) or (d) of Section 9 as soon as the State Government revokes its declaration that such proprietor is disqualified;
(d) the property of an undivide Hindu family, an the person of every coparcener therein who is not possesse of separate estate, as soon as any coparcener ceases to be disqualife under Section 9.
Section 55 Release of estates taken under management under Section 18 when debts cannot be liquidate within reasonable time
(1) the Court may, with the previous sanction of the State Government, at any time within two years from the date of the notification publishe under section 19, release from its superintendence, on a day to be notified, the property of a person who has been made a war of the Court in pursuance of an order under section 18 without liquidating any of his debts an lia lities or after liquidating some of the debts an lia lities, when the Court is satisfie that it is impracticable to liquidate within a reasonable time all the debts an lia lities or such of them as have not been liquidate an in either case the legal incapacity of such war shall cease on the date so notified.
(2) Whenever an incumbrancers is dispossesse under Section 43, an his debt remains unliquidate at the time the Court releases from its superintendence the property of such war under sub section (1) the Collector shall replace the incumbrancer in possession.
(3) Whenever the property of a person is release under sub section (1) from the superintendence of the Court, the provisions of sections 41 an 42 shall not apply to any of the debts an lia lities of the war remaining unliquidate at the time when his property is so released.
(4) In computing the perio of limitation applicable to a suit brought or application made against such person or his legal representative after the court has release his property under subsection (1) the time during which the superintendence of the Court continue shall be excluded.
Section 56 When estate taken under management under Section 18 may be made over to proprietor
The Court may, with the previous sanction of the State Government. replace any proprietor made a war of the Court in pursuance of an order under section 18, in the management of his estate on a day to be notifie if the debts an lia lities nding on his estate have been discharged, an the Court is satisfie that he will thereafter be competent to take charge of his estate an administer his own affairs an his legal incapacity shall cease on such date.
Section 57 Option to retain superintendence in certain cases
When a war dies or ceases to be disqualifie before the debts an lia lities nding on his estate have been discharged, the Court may, with the previous sanction of the State Government retain the property under its superintendence until the debts an lia lities are discharge or for any shorter period, an when for the purpose of discharging such debts an lia lities the Court has raise money on condition that it shoul retain the superintendence of the property until the money so raise is repaid, the Court shall not without the consent of the lender or his representatives withdraw from superintendence until the money so raise has been repaid;
Provide that, after the death of the ward, the Court shall not retain charge on account of any debt or lia lity which has been declare by a civil court not to be nding on the representatives of the decease ward.
Section 58 Disa lities of proprietor in such cases
If the Court retains the superintendence under the provisions of the last preceding section, the person who has succeede to the property, or the person who has cease to be disqualifie shall in so far as the property in question is concerne be deeme to be a war of the Court for the purposes of clause (a) an (b) of sub section (1) an subsection (2) of Section 34.
Section 59 Appointment of guardian before release
(1) When the Court decides to release from its superintendence the person an property of a 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 shall be guide by the provision of Section 17 of the Guardian an Wards Act, 1890.
(4) Every such guardian shall have an be subject to the same rights, duties an lia lities as if he ha been appointe under the Guardians an Wards Act, 1890.
Section 60 Recovery of expenses after release
Any expense incurre by the Court on account of any property under its charge an not defraye from such property during the Courts superintendence may, after the release of such property, be recovere as if it were an arrear of landrevenue from any person into whose possession such property or any part thereof may have passed.
Provide that the sum so recovere from any such person shall not be greater than the value of any such property, which so passe into the possession of such person.
Section 61 Procedure when succession to wards property is disputed
Whenever, on the death of any ward, the succession to his property or any part thereof, is disputed, the Court may either direct that such property, or part thereof be made over to any person claiming the property, may retainthe superintendence of the property until a claimant has establishe his title to the same in a competent civil court, or institute a suit of interpleader against all the claimants.
Section 62 Notification of release from superintendence
Whenever the Court release any person or property from its superintendence, the fact of such release shall be notifie in the Official Gazette an also in the Gazette of the district in which such property or any thereof is situate.
CHAPTER 8 Miscellaneous
Section 63 Central Act 20 of 1863
If a war is the hereditary trustee or manager of a temple, mosque or other religious establishment or endowment, the Court, notwithstanding anything containe in Section 22 of the Religious Endowments Act, 1863, may make such arrangements as it thinks fit for the dicharge, during the wardship of the wards duties as trustee or manager, provide that for the direct an personal management of the religious affairs of any such institution, establishment or endowment the Court shall appoint suitable persons other than servants of the Government an that the Court shall as far as possible restrict its superintendence to the preservation of the property belonging to the institution, establishment or endowment.
Section 64 Act III of 1869
In holding any inquiry under this Act the Collector or other person authorize to hol such inquiry shall have all the powers conferre on revenue officers by the Andhra Pradesh Revenue Summonses Act, 1869.
Section 65 Property under charge of Court not liable to sale for arrears
No immovable property under the superintendence of the Court shall be liable to sale on account of arrears of lan revenue, accruing while such estate is under the superintendence of the Court.
Provide that all such arrears of revenue shall be the first charge upon the sale proceeds of any such property which may be sol for any other cause than for arrears of revenue.
Section 66 Power to make rules
The Court may, with the previous sanction of the State Government make rules consistent with this Act
(a) regulating the management of property under the superintendence of the Court; and
(b) generally for the guidance of all persons in all proceedings under this Act an for carrying out the provisions of this Act.
Section 66A Application of Act to estates of Rulers of Indian States
The powers an functions conferre on the State Government by or under this Act shall, in relation to the estates of Rulers of India States, be powers an functions of the Central Government.
CHAPTER 9 Penalties
Section 67 Abetting unsanctione marriage of wards etc
Whoever, without the previous consent of the Court, abets the marriage of any of the persons specifie in clauses (a), (b) an (c) of Section 23 shall be liable, on conviction before a Court of Session, to a fine not exceeding Rs.2,000 or to imprisonment for a term not exceeding six months or to both.
