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Bombay Court of Wards Act, 1905, (Maharashtra) Section 12

Title: Assumption of Superintendence by Court of Wards Where Land

State: Maharashtra

Year: 1905

Where a disqualified land-holder 1[or pension-holder] or a land-holder 1[or pension-holder] who has been made a Government ward in pursuance of an order under section 9, sub-section (1), holds land 2[or receives a pension] within the territorial jurisdiction of two or more Courts of Wards such one only of the Courts of Wards 3[as the Commissioner, where such Courts of Wards exercise jurisdiction within his division, and the State Government in any other case] may determine in this behalf shall assume the superintendence of the property, or of the person and property, of the land-holder 1[or pension-holder]. ______________________________ 1. These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 2. These words were inserted by Section 4(3) of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 3. These words were substituted for the words "as the State Government" by Bom. 8 of 1958, Section 3. Schedule.

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 9

Title: Assumption of Superintendence by Court of Wards on Application of Land

State: Maharashtra

Year: 1905

.....prevent any co-sharer other than those signing any such application from obtaining partition of his shares, whether by suit or otherwise. (3) An order made under sub-section (1) shall be sufficient to authorize the Court of Wards to assume the superintendence of the property referred to therein, and no such order shall be called in question in any Court. __________________________ 1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. The word "it" was substituted for the word "he" by the Adaptation of Indian Laws Order in Council. 4. These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act. 1913 (Bom. 2 of 1913). 5. This sub-section was inserted by Section 2 and Sch. I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bom. 1 of 1910). 6. These words were substituted for the words "Where property is held by co-sharers in undivided shares", ibid. 7. These words were substituted for the words "such property", ibid. 8. These words were.....

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 4

Title: Assumption of Superintendence by Court of Wards of Property of Disqualified Land

State: Maharashtra

Year: 1905

.....in the public interests to preserve the property of such landholder 4[or pension-holder] for the benefit of his family, and that the said property is of such virtue that economical management by the Court of Wards is practicable. (2) No sanction given under sub-section (1) shall be called in question in any Court, except in the case of a land-holder [or pension-holder] disqualified under section 5, sub-section (1). clause (a), where proceedings are instituted within three months of the giving of the sanction. __________________________ 1. The words "Provincial Government" were substituted for the words "Government in Council" by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word "Provincial" by the Adaptalion of Laws Order, 1950. 3. These words were inserted by Section 3 of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 4. These words were inserted, ibid., Section 4(1).

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Central Provinces Court of Wards Act, 1899 Complete Act

Title: Central Provinces Court of Wards Act, 1899

State: Central

Year: 1899

.....1 Substituted by the A. O. 1937 for "L. G." Section31 - Disabilities of a government ward Section32 - Consent of State Government necessary to adoptions or wills made by government wards Section33 - Procedure when succession to Government wards property is disputed Section34 - Withdrawal of superintendence of Court of Wards Section35 - Appointment of guardian in certain cases Section36 - Withdrawal to be notified in Gazettee Section37 - Appeals Section38 - Control of State Government Section39 - Exercise of discretion not to be questioned in Civil Court Section40 - Power for State Government to make rules Section41 - Application of the Act to estates of Rulers of Indian States ScheduleI - SCHEDULE

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 40

Title: Withdrawal of Superintendence of Court of Wards

State: Maharashtra

Year: 1905

.....an application described in section 9, subsection (2), no land-holders 6[or pension-holder] who has been made a Government ward in pursuance of an order under section 9, sub-section (1), shall be competent, on the withdrawal of such superintendence, to transfer or create any charge on or interest in his property or any part thereof for a period beyond the term of his natural life, except with the previous sanction of the Collector. (3) No appeal shall lie from any opinion certified under sub-section (2). ____________________________ 1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. These words were inserted by Section 4(2) of the Bombay Court of Wards (Amendment) Act. 1913 (Bom. 2 of 1913). 4. These words were substituted for the words, figures and brackets "referred to in Section 8, sub-Section (2)" by Section 2 and Sch. I, Part II. of the Bombay Repealing and Amending Act. 1910 (Bom. 1 of 1910). 5. These words were substituted for the words "the surplus income accruing from his.....

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Central Provinces Court of Wards Act, 1899 Section 31

Title: Disabilities of a Government Ward

State: Central

Year: 1899

.....or to enter into any contract which may involve him in pecuniary liability1[nor shall his property be liable under section 68 of the Indian Contract Act, 1872 IX of 1972] ; and no suit shall be brought in any Civil Court whereby to charge any person upon any promise made after he has ceased to be a Government ward to pay any debt contracted [or discharge any liability arising under section 68 of the Indian Contract Act, 1872, X of 1972] during the period when he was a Government ward, or upon any ratification made after he has ceased to be a Government ward of any promise or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification. 2[Nothing in this section shall preclude the Court of Wards from satisfying, in whole or in part as it may deem fit, any claim under section 68 of the Indian Contract Act, 1872. X of 1972] (2) Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a contract of marriage: Provided that a Government ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to.....

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 30A

Title: Power of Court of Wards to Direct Any Property of Government Ward to Be Exempt from Process of Civil Court

State: Maharashtra

Year: 1905

.....of sale or transfer of the said property and thereupon the said property shall be exempt from any attachment, sale, transfer or other process by a Civil Court for the period specified in the said certificate and during the said period the execution of such decree or order shall so far as it affects the said property for the purposes of section 15 of the 1Indian Limitation Act, 1908, be deemed to have been stayed : Provided that, if the superintendence of the Court of Wards of the property of the said Government ward terminates under section 18 or is withdrawn under section 40, the exemption granted under this section shall with effect from the date of such termination or withdrawal cease to be in operation.] ________________________ 1. Section 30A was inserted by Bom. 7 of 1934, Section 2.

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BOMBAY COURT OF WARDS ACT, 1905, (Maharashtra) Section 13

Title: Assumption of superintendence to be notified and to extend to whole of Government ward's property

State: Maharashtra

Year: 1905

(1) Whenever the Court of Wards assumes the superintendence of the property of land-holder 1[or pension-holder] under this Act, the fact of such assumption, and the date on which it was sanctioned by the 2[3[State] Government], shall be notified in the 4y[Official Gazette] and in such other manner as the 2[3[State] Government] may, by general or special order, direct. (2) On and with effect from the date of such sanction, the whole of the property, moveable and immovable, of such landholder 1[or pension-holder], whether the existence of any such property is known to the Court of Wards or not, shall be deemed to be under the superintendence of the Court of Wards. (3) Any property which the Government ward may inherit or acquire by succession subsequently to the date of such sanction shall also be deemed to be under the superintendence of the Court of Wards. (4) The Court of Wards may, in its discretion, assume, or refrain from assuming, the superintendence of any property which the Government ward may acquire otherwise than by inheritance or succession subsequently to the date of such notification. ____________________________ 1. These words were inserted by Section 4(1).....

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 19

Title: Delegation of Powers by Court of Wards

State: Maharashtra

Year: 1905

.....is the Court of Wards, subject to any general or special orders of the 2[Commissioner], the Court of Wards may exercise all or any of the powers under this Act through an Assistant or Deputy Collector whom it may appoint in this behalf and subject to the like orders, any such Assistant or Deputy Collector may exercise all or any of the powers delegated to him under this Act through any Revenue Officer subordinate to him not below the rank of a Mahalkari.] ______________________ 1. This portion was inserted by Bom. 28 of 1950. Schedule. 2. This word was substituted for the words "State Government" by Bom. 8 of 1958. Section 3, Schedule. 3. Sub-section (3) was added by Bom. 28 of 1950. Schedule.

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Bombay Court of Wards Act, 1905, (Maharashtra) Section 22

Title: Power of Court of Wards to Appoint Guardians of Certain Government Wards

State: Maharashtra

Year: 1905

(1) The Court of Wards may appoint guardians for the care of the persons of Government wards whose persons are for the time being, under its superintendence. (2) In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of the 'Guardians and Wards Act, 1890. NOTES The competency of the Court of Wards in this Presidency depends upon section 22 of the Act and if that section be referred to, it clearly gives power to the Court of Wards to appoint a guardian of the person only in those cases where the Court of Wards has assumed superintendence.-- Nagawa Gurlingaya v. Collector of Belgaum, AIR 1924 Bom. 157 : 25 Bom. L. R. 1232 : 77 I. C. 702. _________________ 1. Central Acts.

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