The Court of Wards Act, 1879

( ACT NO. IX Of 1879 )

1 An Act to amend the law relating to the Court of Wards.

 
WHEREAS it is expedient to amend the law relating to the Court of Wards in [Bangladesh].
 
 
It is enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title

Extent

2. [Omitted]

3. Interpretation

4. [Omitted]

5. Constitution and general duties of Court of Wards

6. Disqualified proprietors

7. Jurisdiction of Court over disqualified proprietors

8. Court when bound to give up charge

8A. Charge of Court in case of acquisition under E. B. Act XXVIII of 1951

9. Discretion of Court as to taking and keeping charge

9A. Effect of withdrawal from charge

10. Application by Civil Court to Court of Wards to take charge

10A. Notice to creditors.

10B. Creditors to furnish full particulars and documents

10C. Bar to certain proceedings

10CC. Special limitation for suits against wards

10D. Adjudication of claims

10E. [Repealed]

11. Procedure when any of the joint proprietors ceases to be disqualified or any person becomes entitled to property jointly with a disqualified proprietor

12. Withdrawal from charge by Court

13. Procedure when succession to property of ward disputed

13A. Power of Court to retain charge of property of disqualified proprietor until discharge of debt

14. General powers of Court

15. Exercise through others of powers conferred on Court

Delegation of powers

16. Establishments and expenses

17. [Repealed]

18. Power to manage property

18A. Delivery of possession of property and bar to interference by Civil Courts

19. When Court may order property to be formed into separate estate

20. Appointment of managers and guardians

21. Custody, education and residence of wards

22. Allowance for ward and his family

23. Clause 1– Estate under charge of Court exempt from sale

Clause 2– Recovery of arrears of revenue, etc., due at the time when property ceases to be under charge of Court

Clause 3– Administration of property by trustees on withdrawal from charge by the Court of Wards

23A. Conditions under which estate may be sold for arrear of revenue accrued under Court

24. Restriction on sale for arrears of revenue of estate belonging to minor

Power of Collector to attach such estate

25. Section 24 not to apply unless notice given

26. Application of proceeds of estate farmed under section 24

27. Procedure for ascertaining and declaring disqualification

28. Power to enforce provisions of Act without report

29. Powers of Collector as to preservation of property on death of a proprietor whose heirs should be declared disqualified

Recovery of expenses if property, is not taken under charge of Court

30. Production of minor proprietor, and order for his temporary custody

31. Application to Civil Court in case of lunatics

32. Application to Civil Court to make inquiry regarding disqualification on ground of physical defect or infirmity

33. [Omitted]

34. Powers and duties of Courts when inquiry is instituted under section 32

34A. Recovery of expenses incurred by Collector under sections 31 to 33

35. Order declaring person or property to be under charge of Court

36. Collector to take possession of movable property

37. Additional powers of Collector

38. Collector when to be deemed manager

39. Powers of manager

40. General duties of manager

41. Specific duties of manager

42. General duties of guardian

43. Specific duties of guardian

44. Exclusion of certain interested persons from guardianship

45. Who to be guardian of female ward

46. Recovery of sums due to the Court

47. Court may order guardian or manager to make over property

48. Application of moneys received by the manager

49. Disposal of surplus moneys

50. Power to invest surplus

51. Manager or Collector to be next friend or guardian in suits by or against ward

52. Power of Court of Wards to nominate another person to be next friend or guardian for suit

53. Payment of costs

54. Service of process against wards

55. Suits not to be brought on behalf of wards unless authorized by the Court of Wards

55A. Indemnity

56. [Repealed]

57. For disobeying certain orders of Collector

58. For disobeying orders under section 47

58A. Penalty on farmer neglecting to furnish accounts, etc.

59. For disobeying order of Court

59A. Persons employed by Court to be "public servants"

60. Disabilities of wards

60A. Exemption of wards' property from execution proceedings in certain cases

60B. Certain persons to be deemed to be wards

61. Adoption by ward invalid without consent of Government

62. [Repealed]

63. Recovery of interest on arrears of rent

64. Record of reasons when penalty imposed under section 57 or 58

64A. Publication of notices

65. Procedure when Court's jurisdiction ceases

65A. Recovery of expenses after release of property

66. Judicial powers of Collector in making inquiries

67. Appeals

68. Control by Court

69. [Omitted]

70. Power to Court to make rules