Procedure for ascertaining and declaring disqualification
27. Whenever any Collector has reason to believe that any person residing in his district, or being the proprietor of an estate borne on the revenue-roll of his district, should be declared or adjudged to be a disqualified proprietor under section 6, he shall make such inquiry as he may deem necessary; and, if satisfied that such person should be so declared or adjudged, shall make a report of the same to the Court; and the Court shall, on receipt of such report, make such order consistent with this Act, as may seem to it expedient.
Power to enforce provisions of Act without report
28. Nothing in section 27 shall prevent the Court or the Government from putting the provisions of this Act in force without any report from the Collector.
Powers of Collector as to preservation of property on death of a proprietor whose heirs should be declared disqualified
29. Whenever any Collector receives information that the sole proprietor of an estate which is borne on the revenue roll of his district has died, or that the sole proprietor of any estate has died within his district,
and such Collector has reason to believe that the heirs of such proprietor should be declared or adjudged to be disqualified under section 6, he may take such steps and make such orders for the safety and preservation of the movable property of such heirs, and of all deeds, or documents or papers relating to the property of such heirs, as to him may seem fit.
Such Collector may call upon any other Collector in whose jurisdiction any such movable property, or any such deeds, documents or papers may be, to take charge of the same; and thereupon such other Collector shall have the same powers with respect to such property, deeds, documents and papers within his district as are conferred by this section on the first mentioned Collector.
Recovery of expenses if property, is not taken under charge of Court
If the property is not afterwards taken under the charge of the Court, all expenses incurred by a Collector acting under this section shall be recoverable as arrears of revenue from the owner of such property or the person or persons whom the collector shall find to be in possession of such property, and shall constitute a demand under Bengal Act No. VII of 1868, or any similar law for the time being in force.
Production of minor proprietor, and order for his temporary custody
30. A Collector acting under the last preceding section may direct that any person who has the custody of a minor heir of any such deceased proprietor shall produce such minor before such Collector or before any other Collector on a day fixed; and the Collector before whom the minor is so produced may make such order for the temporary custody and protection of such minor as to him may seem fit.
If the minor is a female, she shall not be brought into the presence of the Collector, but the Collector may take such steps for her identification as he may think fit.
Application to Civil Court in case of lunatics
31. If a sole proprietor of an estate is reported by a Collector to be of unsound mind and incapable of managing his affairs, the Court may order the Collector making such report, or such other Collector as the Court may appoint, to apply, in pursuance of the provisions of the
Lunacy Act, 1912, to the Civil Court of the district within the jurisdiction of which such proprietor may reside.
Application to Civil Court to make inquiry regarding disqualification on ground of physical defect or infirmity
32. If a sole proprietor of an estate is reported by a Collector to be incapable of managing his property on the ground of some physical defect or infirmity other than unsoundness of mind, the Court may order the Collector making such report, or such other Collector as the Court may appoint, to apply to the principal Civil Court of the district within which such person may be residing; and, upon such Collector so applying, such Civil Court shall inquire into and determine the question as to the alleged incapacity.
Powers and duties of Courts when inquiry is instituted under section 32
34. When any inquiry is instituted by a Civil Court under section 32, [* * *] such Court shall, for the purposes of making such inquiry, have the powers conferred, and proceed in the manner prescribed, by the
Lunacy Act, 1912, with respect to the inquiries directed to be made by the said Act.
The Civil Court shall transmit to the Court of Wards a copy of the order made on each such inquiry; and the Court of Wards shall thereupon in case the proprietor has been found by the Civil Court to be incapable as aforesaid, make such order, consistent with this Act, as it shall think fit.
The Civil Court shall have, with reference to proprietors who have been adjudged to be incapable as aforesaid, the same powers as are conferred on a Civil Court by section 82 of the
Lunacy Act, 1912 with reference to persons adjudged to be of unsound mind and incapable of managing their affairs.
Recovery of expenses incurred by Collector under sections 31 to 33
[34A. All expenses incurred by a Collector in taking action under section 31, section 32 in respect of any person shall, if the property of such person is not taken under the charge of the Court, be recoverable from such person or from the person whom the Collector finds to be in possession of such property, as if it were an arrear of land revenue, or under the procedure provided by the [* * *] Public Demands Recovery Act, 1913, for the recovery of public demands.]
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