Act 26 of 1947

Preamble

CON Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. Date : 21st August 1947 Orissa Act No. 26 of 1947 *THE ORISSA COURT OF WARDS ACT, 1947 [Received the assent of the Governor-General on the 6th August 1947, first pub- lished in an extraordinary issue of the Orissa Gazette, dated the 21st August 1947] AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE COURT OF WARDS IN ORISSA WHEREAS it is expedient to consolidate and amend the law relating to the Court of Wards within the State of Orissa It is hereby enacted as follows : CHAPTER-I Preliminary

Sections

Type to filter. 75 sections.

1. 1Short title, extent and commencement
2. 2Repeal and savings
3. 3Saving of jurisdiction of High Court
4. 4Definitions
5. 5Court of Wards
6. 6Control of State Government
7. 7Power of the Court how exercised
8. 8Appeals
9. 9Control of Court
10. 10Disqualification
11. 11Immediate protection of disqualified heirs
12. 12Recovery of expenditure
13. 13Report by a Collector
14. 14Proprietor to be given opportunity to be heard and to adduce evidence
15. 15Report by Court
16. 16Superintendence by Court of property of a disqualified proprietor
17. 17Superintendence by Court of the person of a disqualified proprietor
18. 18Proprietor not to be declared disqualified unless on ground of public interests
19. 19Application by proprietor himself
20. 20Notification of assumption of superintendence
21. 21Collector to take charge of ward's property
22. 22Powers of Collector in so doing
23. 23Allowances for ward and family
24. 24Custody, residence, education and marriage of ward or minor relatives
25. 25
26. 26Collector to act if there are none
27. 27Who may and may not be guardians
28. 28Duties of guardians
29. 29Powers of manager
30. 30Duties of manager
31. 31Employees of Court deemed to be public servants
32. 32Sums due to Court recoverable as public demands
33. 33Court may order guardian or manager to make over property
34. 34Regulation of expenditure
35. 35Disposal of surplus money
36. 36Power to invest surplus
37. 37Disabilities of wards
38. 38Powers of Court as to property under its superintendence
39. 39Establishments and distribution of charges
40. 40Notice calling upon claimants to notify claims
41. 41Claimants to furnish full particulars and documents
42. 42
43. 43Claims admitted and disallowed
44. 44Claims not notified cease to carry interest
45. 45Inadmissibility in evidence of documents not produced
46. 46When mortgagee in possession may be dispossessed
47. 47Provision regarding leases for insufficient consideration
48. 48Execution of decrees to be transferred to Collector in certain cases
49. 49
50. 50
51. 51Bar of certain suits and proceedings
52. 52Notice of suits
53. 53Suit or proceeding by or against
54. 54Costs against next friend or guardian how paid
55. 55Process against wards to be served through Collector
56. 56Suits must be authorised by Court
57. 57Adjudication of civil disputes between two or more wards
58. 58Release from superintendence
59. 59Release of estate taken under management when the estate is inextricably involved
60. 60
61. 61Option to retain superintendence in certain cases
62. 62Disabilities of proprietor in such cases
63. 63Appointment of guardian before release
64. 64Recovery of expenses after release
65. 65Procedure when succession to ward's property is disputed
66. 66Notification of release from superintendence
67. 67Powers of Courts in regard to religious endowments of which ward is hereditary trustee
68. 68Judicial power of Collector in making enquiries
69. 69Property under superintendence not liable to sale for arrears
70. 70Conditions under which estate may be sold for arrears of revenue
71. 71Power to make rules
72. 72Abetting unsanctioned marriage of wards, etc
73. 73Disobeying certain orders of Collector
74. 74Disobeying order of the Court
75. 75Application of Act to estates of Rulers of Indian States

Provenance. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/ace80818-9028-4985-9cfe-4928cb02c002.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/1a5f5b96-93e7-4f1f-81e1-796858bcb102/content).

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 75 sections of this Act has its own page. This page is not a substitute for legal advice.