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The Court of Wards Act, 1879

( ACT NO. IX OF 1879 )

Disabilities of wards
60. No ward shall be competent to create, without the sanction of the Court, any charge upon, or interest in, his property or any part thereof, or to assign over or charge any allowance to be received by him from the Court.
Exemption of wards' property from execution proceedings in certain cases
1[60A. No property which is or has been under the charge of the Court shall be liable at any time, except with the leave of the Court, to be taken in execution of a decree made in respect of any contract entered into by the ward without the leave of the Court while his property was under such charge.]
Certain persons to be deemed to be wards
2[60B. For the purposes of section 10C, Part VII and sections 60and 660A, a person whose property is under the charge of the Court of Wards under section 11 by reason of the fact that such person has become entitled to the property jointly with a disqualified proprietor, or charge of whose property has been retained under section 13A, shall be deemed to be a ward, but only so far as regards such property.]
Adoption by ward invalid without consent of Government
61. No adoption by any ward, and no written or verbal permission to adopt given by any ward, shall be valid without the consent of the Government, obtained either previously or subsequently to such adoption, or to the giving of such permission, on application made to it through the Court.
[Repealed]
62. [Repealed by the Bengal Court of Wards (Amendment) Act, 1906 (Bengal Act No. I of 1906).]
Recovery of interest on arrears of rent
63. Any amount of interest which has accrued due, on arrears of rent or other demand recoverable as rent payable to the manager of an estate which is in charge of the Court, may be recovered in any manner and by any process according to which such arrears may be recovered under any law for the time being in force; and any Court or officer who is competent to make and order or certificate in execution of which such arrears or other demand are recoverable may direct that any costs incurred by the manager in obtaining such order or certificate, and in executing the same, shall be recovered in the same manner and by the process as if the amount thereof had been included in the said order or certificate.
Record of reasons when penalty imposed under section 57 or 58
64. When any penalty is imposed by any order under section 57 or section 58, the Collector or Court passing such order shall make a formal record of the same, with the reasons or grounds thereof.
Publication of notices
3[64A. Any notice required to be published by the provisions of section 9A or of sub-section (1) of section 10A or clause 3 of section 23 and any order required to be published under section 65, shall be published-
 
 
(a) in the official Gazette;
 
 
(b) in at least three issues each of one English and one Vernacular newspaper published in Dacca;
 
 
(c) in two issues of a newspaper (if any) published in the district or Division in which the ward ordinarily resides, or has last resided; and
 
 
(d) by posting such notice on the notice-boards in the offices of the Collector and of the Judge of the district in which the place named in the notice is situate.]
Procedure when Court's jurisdiction ceases
65. Whenever the Court has determined to release the property of a ward from its charge, it shall make an order that the jurisdiction of the Court over such property shall cease on a date not more than sixty and not less than fifteen days from the date of such order; and copies of such order shall be published in the manner provided in section 64A.
Recovery of expenses after release of property
4[65A. Any expense incurred by the Court on account of any property under its charge may, after the release of such property, be recovered as a public demand under the 5[* * *] Public Demands Recovery Act, 1913, from any person into whose possession such property or any part thereof may have passed immediately after the release by the Court of such property:
 
 
 
 
Provided that the sum so recovered from any such person shall not be greater than the value of any such property which so passed into the possession of such person.]
Judicial powers of Collector in making inquiries
66. A Collector making any inquiry under this Act may exercise any power conferred by the Code of Civil Procedure, 1908 on a Civil Court for the trial of suits.
Appeals
6[67. An appeal shall lie from every order of a Collector under this Act to the Commissioner of the Division, and from every order of a Commissioner under this Act to the 7[Court and the Order of the Court shall be final]].
Control by Court
68. All orders or proceedings 8[of the Commissioner and] of the Collector under this Act shall be subject to the supervision and control of the Court ; and the Court may, if it thinks fit, revise, modify or reverse any such order or proceeding, whether an appeal is presented against such order or proceeding or otherwise.
[Omitted]
69. [Omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).]
Power to Court to make rules
70. The Court may make rules, consistent with this Act,-
 
 
 
 
9[(a) defining the powers of Commissioners and Collectors respectively when the property of a ward is situated in two or more districts or in two or more divisions;]
 
 
 
 
(b) prescribing what reports shall be made from time to time by Collectors 10[and Commissioners] on the condition of the ward and his property;
 
 
 
 
(c) prescribing the periods at which and the mode in which accounts shall be submitted by managers and guardians respectively, and the mode in which such accounts shall be audited;
 
 
 
 
(d) regulating the custody of securities and title deeds belonging to the estate or property of a ward;
 
 
 
 
(e) regulating the procedure in appeals from orders of Collectors 11[and Commissioners respectively] under this Act;
 
 
 
 
(f) prescribing the procedure to be observed when a property ceases to be under the charge of the Court; and
 
 
 
 
(g) generally for the better fulfilment of the purposes of this Act.
 
 
 
 
The Court may from time to time alter, add to or repeal such rules.
 
 

  • 1
    Section 60A was inserted by section 13 of the Court of Wards (Amendment) Act, 1892 (Act No. IV of 1892)
  • 2
    Sections 60B was inserted by section 7 of the Bengal Court of Wards (Amendment) Act, 1906 (Act I of 1906)
  • 3
    Section 64A was inserted by section 18 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)
  • 4
    Section 65A was inserted by section 11 of the Bengal Court of Wards (Amendment) Act, 1881 (Act No. III of 1881)
  • 5
    The word "Bengal" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 6
    Section 67 was substituted, for the former section 67 by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
  • 7
    The words "Court and the Order of the Court shall be final" were substituted, for the word "Court" by Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)
  • 8
    The words "of the Commissioner and" were inserted by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
  • 9
    Clause (a) was substituted, for the former clause (a) by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
  • 10
    The words "and Commissioners" were inserted by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
  • 11
    The words "and Commissioners respectively" were inserted by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
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