Bombay Court of Wards Act, 1905, (Maharashtra) Section 46 - Bare Act

¹[State]

(1) The ²[¹[State] Government] may, by notification published in the ³[Official Gazette], make rules to carry out the purposes and objects of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may,-

(a) prescribe the matters to which regard should be had in appointing or removing guardians and managers, and in fixing their remuneration;

(b) regulate the form, conditions and amount of security, and the number of sureties (if any), to be given by managers;

(c) prescribe the cases in which proposals or arrangements connected with the administration of the properties of Government wards shall be reported for the sanction of the ²[¹[State] Government];

(d) prescribe the accounts and other returns, and the form and other particulars thereof, which shall be rendered to the Court of Wards and by the Court of Wards to the ²[¹[State] Government];

(e) regulate the custody of securities and title-deeds belonging to the estate or property of a Government ward;

(f) regulate the procedure in inquiries by, and in appeals from orders of the Court of Wards;

(g) prescribe the mode in which powers delegated to managers are to be notified for the information of persons concerned;

(h) prescribe the mode in which any expenses incurred by the Court of Wards or the Collector under any power conferred by this Act may be recovered; and

(i) generally prescribe the manner in which the powers and duties of the Court of Wards under this Act shall be exercised and performed.

NOTES

It is only when the Court calls upon the Collector for a report under section 46 that it is open to the Court to treat the report as evidence, and that is not what was done in the present case.--

Nagawa Gurlingaya v. Collector of Belgaum. AIR 1924 Bom. 157 : 25 Bom. L. R. 1232 : 77 I. C. 702.

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

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

3. The words "Official Gazette" were substituted for the words "Bombay Government Gazette", ibid.