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Bombay Court of Wards Act, 1905, (Maharashtra) Section 10 - Bare Act

StateMaharashtra Government
Year
Section Title Provisions for Temporary Custody of Heirs and Protection of Property in Certain Cases
Act Info:

(1) Whenever the Collector receives information that any land-holder 1[or pension-holder] is, or should be, disqualified under sub-section (1) of section 5, or that any land-holder 1[or pension-holder] has died and that his heir is, or should be, so disqualified, he may apply to District Court and the District Court may authorize the Court of Wards to -

(a) take such steps and make such order for the temporary custody and protection of the property as the Court of Wards thinks fit; and

(b) where the land-holder 1[or pension-holder] or heir is a minor, direct that the person (if any) having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as the Court of Wards may appoint and make such order for the temporary custody and protection of the minor as the Court of Wards thinks fit :

Provided that, where the minor is a female and belongs to a class the females of which do not usually appear in public, her production shall be required only in accordance with the manners and customs of the country.

(2) Whenever the Court of Wards is authorized to proceed under sub-section (1) it shall forthwith report its action for the information of the 2[3[State] Government.]

(3) No appeal shall lie from any order of authorization under sub-section (1), except in the case of a land-holder 1[or pension-holder] disqualified under section 5, sub-section (1), clause (a).

NOTES

The conditions necessary for assuming superintendence are :

(1) disqualification under section 5;

(2) previous sanction of the Government;

(3) the actual assumption of the Court of Wards or some declaration to that effect:

(4) notification in the Government Gazette setting out the fact of assumption and the date of the sanction.--

Namdeo Co-op. Agency v. Virdhaval. AIR 1937 Bom. 266 : 39 Bom. L. R. 187 : 170 I. C. 162.

______________________________

1. These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913).

2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.



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