Central Provinces Court of Wards Act, 1899 Section 34 - Bare Act

StateCentral Government
Year1899
Section TitleWithdrawal of Superintendence of Court of Wards
Act Info:

(1) The Court of Wards may, with the sanction of the 1 [2 [State] Government], at any time withdraw its superintendence from the person or property, or both, of a Government ward, and shall withdraw its superintendence as soon as,--

(a) in the case of a person disqualified under clause (a) of section 5, sub-section (i), he attains his, majority ;

(b) in the case of a person disqualified under clause (6) of the same, he ceases to be of unsound mind and incapable of managing his affairs ;

(c) in the case of a person disqualified under sub-clause (i) of 3 [clause (d)] of the same, his physical or mental defect or infirmity is removed or ceases:

Provided as follows:--

(i) whenever a Government ward dies or ceases to be disqualified and his property is still encumbered with debts and liabilities, the Court of Wards may, with the previous sanction of the 1 [2 [State] Government], either release such property or retain it under its superintendence until such debts and liabilities have been discharged ; and,

(ii) if one or more of the proprietors of a property remain disqualified although another or others may have ceased to be disqualified, the Court of Wards may, with the previous sanction of the 1 [2 [State] Government], retain the whole of the property under its superintendence, paying any proprietor who has ceased to be disqualified, the surplus income accruing from his share of the estate.

(2) Where any question arises as to whether the superintendence of the Court of Wards should be withdrawn from any person or property, or both, under clause (a), or from any property under clause (c), of sub-section (i), the decision of the 1 [2 [State] Government] thereon shall be final, and no suit shall be brought in any Civil Court in respect of such decision.

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1. Substituted by the A.O. 1937 for "L.G.".

2. Substituted for "provincial" by the A.O. 1950.

3. Substituted by the C. P. Court of Wards (Amdt.) Act, 1936 (C. P. 3 of 1936). 2, for "clause (c) ".