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THE COURT OF WARDS ACT, 1879

(ACT NO. IX OF 1879).
  Part No : Chapter No : Section No: [ 30th July, 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 2[ Bangladesh].

It is enacted as follows:-
 
CONTENTS
 
SECTIONS
 
PART I
PRELIMINARY
1. Short title
It extends to the whole of [Bangladesh].
2. [Omitted]
3. Interpretation
4. [Omitted]
PART II
CONSTITUTION, JURISDICTION AND POWERS OF THE COURT OF WARDS
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 [Repealed]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 [Repealed]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
PART III
PROTECTION FROM SALE OF CERTAIN ESTATES
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
PART IV
ASCERTAINMENT OF DISQUALIFICATION
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
PART V
PROCEDURE AFTER ASCERTAINMENT OF DISQUALIFICATION
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
PART VI
MANAGEMENT AND GUARDIANSHIP
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
PART VII
SUITS
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]
PART VIII
PENALTIES
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"
PART IX
MISCELLANEOUS
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
 
 

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Ministry of Law, Justice and Parliamentary Affairs