^ e MINISTRY OF HOME AFFAIRS NOTIFICATION ri New Dslhi, the 11th December 1062 ^ ^ S ^ S t u B SVoYl§5rthe°5enSa?rnV/eCtiOn.l0f t h e U ™ » &J& 3 U n , o n te«-it°ry of Manipur, the Court of ^ 2 , 4 * e r ? ^ n t » h e r e b y e x t e n d s 1879) as «t present in force in the Stat- nf wLi v, ^Ct* J8 7 9 <Be"Sal Act 9 of modifies . namely:— ' 0t W e s l E e nEnl, subject to the following Modifications In the said Act,—
1. Unless otherwise modified, for the exnressirm «£***- rt occurs, the words "Chief C o m m i s s i o n e r " I ^ f l T ^ ? ^ ^ ^ ^ ^ wherever be made in any sentence in which those w 2 n ™ ° S t l t ^ e d a n d t h e r e s h a 1 1 ^ 0 mmts as the rules of grammar may r e q u i T * * * consequential amendsubsuSed! n a m e l y ^ ^ C O m m c * * * * - * » section I, the following shall be 2\ (n 25 /? Ty ^ C a H e d l h e C 0 l t r t o f W a ' d s Act, 1079 U) It shall come mto force on such date as fchs nv,;0.f n„ • .
notification in the Official Gazette ftpo^ C o m mrsS ioner may, b;
3. Section 2 shall be omitted.
4. In section 3,—
(1) before the definitiozT of Tivfi fnnvt' +1™ #^i~ • •, « . .
inserted, namely!— ' the I O i I o w m S definition shall be "Chief Commissioner" means the Chief r"™v™,*„ i~ * . , .
••n 5 *i, -. c .^ "ws«aa cne uniet Commissioner of Manipur;"
(3> ^mXC0mmiSSiOneV ° r " W h G r e V e r t h e ? ° C c u r i n t h e ^ t i o n shall be ( 4 ) ^ n a m e l y : - " " " " ° f ********> t h e i o I l o w ^ ^finitzon shall be inserted, m^l^TTT11^ reaUS t h e J u d i c i a l eWBB*A»W P-t Manipur;"
( } 3"namely:-1 1"1 1 0 1 1 ° f * * " * ! t h e *****>« definition shall be inserted, "Official Gazette" means the "Manipur Gazette " FoAeSv^iiiK w a s -a»s=«* - «*«" «**- infants, of a/y m% 0%£ MMSktagf* J U n s d l C t l 0 n ' i l s « c t S 6, Constitution find irenefal •"'"tie^ ^f Cnnvt np ve^^fu, n ing shall be substituted: n a m e l y : - t 0 u l t ° f Waifls.—For section 5, the follow- '% ( 1 ) s W r C 0 U r t ° f W a ! ' d " r ° r M a n i P L l 1 ' « i n s i s t of the Chief Commis-
(2) HlE~:SfiSS^CHs^^^«^ visions o f ' & AS» ' 3 t j 0 m p e t e n t C o u ^ m accordance with the pro- 310 H.A.
2 9 In section 13. the words "until right to possession of the claimant has bee* toiined u n d e r Bengal Act VII of 1376, or" shall be omitted.
10. In section 15, the words , "the Commissioners of the Divisions and" and 'Commissioners or" shall be omitted.
11 i„ section 23, in clause 1, the portion beginning from "and, subject to" and ending with "Bengal Act VII of 187(3" shall be omitted.
12. In section 23A, the words "in clause 5, section 3. Regulation 1 of 1793. or" shall be omitted.
M Tn option ^9 for the words "arrears of revenue", the words "arrears of land revenu " S i be substituted and the words "and shall » g ^ V £ 5 * % 3 l t e Bengal Act VII of 1868, or any similar law for the time being in force sna.l oe omitted.
14 In section 31 the words "who does not reside within the local limits of the ordinary 3 * 3 c iv i l ju r i s diction of the High Court" shall be emitted, 15 In ac t ion 32. for the words "High Court", the words "Court of the Judicial Commissioner for Manipur" shall be substituted.
16. In section 33,—
(a) for the words "High Court at Calcutta, or «s iden t beyond the tenritoxy W administered by the State Government", the W * Cow* °Union Judicial Commissioner for Manipur or resident beyond the union territory of Manipur" shall be substituted;
m for the words "the principal Civil Court of the 2 4 - P a r g a n a s , o r - t o s u c h W other Civil Court as the State Government on application made | to t the words "such Civil Court as the Chief Commissioner, on application .
made to him" shall be substituted. |* 17 In section 34A, for the words and figures "under the procedure B W j ? % M the Bengal Public Demands Recovery Act, 191?, for the ?ecoverv of pubhc demands ' ' the words "as arrears of land revenue" shall be substituted.
18 In section 46. for the words and figures "as a demand under Bengal Act ^VII of 1863 or any similar law for the time being m iorce*, the woids as a n e a i s at land revenue" shall be substituted.
If). Tn section 48, for the words "Board of Revenue", the word "Court" shall be substituted.
20 Tn section 50, for the words "such other securities, stocks or shares, p a r a u - temhrihz Central Government or the State Government as to the Court sbal deem i t " the words "such other securities, stocks «r shares, guaranteed by xhe Government as to the Court shall seem fit" shall oe substituted.
21". In proviso to section 58A,—
(1) for the words "Commissioner of the Division", the word "Co-art" shall be substituted; and ^
(2) for the words "said Commissioner'', the word "Court" shall be substituted
22. In section 64A,— <1) in clause (b). for the word "Calcutta", the words "the Union territory of Manipur" shall be substituted; and
(2) in clause (c), the words "or Division" shall be omitted. i S3 H section 65 A. for the words and figures "as a public demand under the Bengal Public Demands Recovery Act, 1913", the words as arrears f land revenue" shall be substituted.
24 Tn section 67, the words "to the Commissioner of the Division m d from every order of the Commissioner under this Act" shall be omitted.
25. Iu section S3, the words "of the Commissioner and" shall be omitted 2{J. Section S9A, shall be omilted.
21. In section 7G,—
(1) in clause (a), the word;. 'Commissioners and", "respectively" and "or in two or more Divisions" shall be omitted;
(2) in clause (b), the words "and Commissioners" shall be omitted;
(3) in clause (e), the words "and Commissioners respectively" shall be omitted.
i ANNEXURE The Court of Wards AcL 1879 as extended to the Union territory of Manipur.
BENGAL ACT IX OF 1879.
Whereas it is expedient to amend the law relating to the Court of Wards •within t h e territories under the administration of the Lieutenant-Governor of Bengal; •• I t is enacted as follows:—
PART I PRELJMTNARY
1. Short title, extent and commencement.— (1) This Act may be called the "Court of Wards Act, 1879.
(2) It extends to the whole of the Union terr i tory of Manipur .
(3) It shall come into force on such dato as the Chief Commissioner may, by notification in the Official Gazette, appoint.
2p * » *
3. Interpretation-—hi this Act, unless there be something repugnant in the subject or context — •"Chief Commissioner" means the Chief Commissioner of Manipur.
Civil Court.—"Civil Court" includes the Court of the Judicial Commissioner for Manipur in the exercise of its ordinary and ext raordinary original civil jurisdiction or its civil appellate or revisional jurisdiction;
Collector.—"Collector" includes any officer in charge of the revenuejurisdiction of ii district;
The Court,—"the Court" means the Court of Wauls;
or, when the Court of Wards has delegated any of its powers to a Collector or any other person, it means, in respect of such powers, t h e Collector or person to whom they are delegated;
Estate.—-"estate" means all lands which a re borne on the revenue-rol l of a Collector as liable for the payment of one and t h e same demand of land-revenue and includes a s h p in or of an estate other than an undivided share held in consEeeaavy as the property of a Hindu joint family governed by the Mita\simra or Milliila law;
"Judicial Commissioner" eaean Judicial Commissioner of Manipur .
Mine?-.—"minor" means a per?-.;- • i,;j has not completed his age of twentyone years ;
"Official Gazette" means 1: ! ln\ • oS Gazette.
Section.—"section" means a ecfieti of this Act;
••'•••• l.-~;•'•-•• '• !"' nft ma any pevs< a who is under the charge of the Court of wards, or who •,• jr-op tiy is under sues chafge.
Nam Lunacy Court "of JLH.UI.'H ¥.
5. Constitution and general duties of Court of Wards.—(1) The Court of War&u for Manipur shall consist of the Chief Commissioner.
(2) He shall deal with every person and every property of which he may take or retain charge under this Act, or which may be placed under his charge by order of a Competent Court, in accordance with the provisions of this Act.
6. Disqualified proprietors.—Proprietors of estates shall be held disqualified to manage their own property when they are—
(a) females declared by the Court incompetent to manage their own property;
(b) persons declared by the Court to be minors;
(c) persons adjudged by a competent Civil Court to be of unsound mind, and incapable of managing their affairs;
(d) persons adjudged by a competent Civil Court to be otherwise rendered incapable by physical defects or infirmities of managing their own property;
(e) persons as to whom the Court has declared, on their own application that they are disqualified, and that it is expedient m the public interest that their estates should be managed by the Court.
7 Jurisdiction of Court over disqualified pi-oprietora.—Whenever the sole pro prietor of an estate, or all the joint proprietors of an estate are disqualified as provided in the last preceding section, the Court shall have power to take charge of all the property of every such proprietor or joint proprietor within its jurisa.ction, and of the person of any such proprietor or joint proprietor who is resident within its jurisdiction; and also: 0f the person and property of any minor member of the family of any such proprietor or joint proprietor who has an immediate or reversionary interest in the property of such proprietor or joint proprietor.
Provided that the Court shall not be empowered to take charge of the person of a proprietor disqualified on his own application under clause (e) of section o.
8 Court when bound to give ui> charge.—Whenever the circumstances of any ward become such that the Court could not take charge of him or of his propsrty if he were not under its charge already, the Court shall be bound to release trom its charge such person and his property.
d Discretion of Court as to taking and keeping charge.—The Court may In its discretion, in any case in which it is empowered by this Act to take charge of the person and property of any disqualified proprietor,—
(a) take charge of such property without taking charge of such person;
(b) refrain from taking charge of any such person or property;
(c) at any time withdraw from such charge, if taken;
(d) at any time resume such charge, after having withdrawn from it.
* * * * 9A Effect of withdrawal from charge.—When the Court of Wards withdraws from the charge of such propertv it shall publish, in the manner provided in secaon S*A. a notice of the termination of the charge and thereupon subject to tiie provisions of clause 3 of section 23—
(a) such charge shall terminate with effect from the date fixed in accordance with the provisions of section 65;
Cb) the owner of the said property shall be restored to the possession thereof from the said date subject to any order made by a Civil Court ana to any contracts entered into by the Court of Wards for the preservation or' benefit of such property.
$A. •' * * * 10 Atrollcation by Civil Court to Court ol Wards to take, charge.—Whenever a- Civil Court is satisfied that an order should be made under section 7 oi me 2 ^ 3 3 * 3 a S j f A P * * * «**«* * ^«W of the person of aV!Snor'r * ̂ * * * * # * W U n d e r **&» 3 9 o f t h ^ WIN M «W! guardian n v ° n f ^ ? £ e I f K! P r £ ° n ^ be-en., adJudged, under the Indian Lunacy Act 1912 ll\ of 1912) to be of unsound mind and incapable of managing his affairs, *} tht.' property of such minor or disqualified proprietor consists, in who'le or m part ol land or any interest in land, the Civil Court may apply to the Cour °f Wards: to take charge of the person and property of such minor or lisaualiflerf proprietor; and it shall be at the discretionoftheCourtof Wards to t?ke charge of such person or property, or to refuse to do so. e C h a i g e Nothing contained in sections 73 to 81 (both inclusive) of the Tnriisn T .ma^ c S u ^ o / ' w S b e h C l d t 0 ^ t 0 ******S P rcpeSie rundi^L 'chafge^T?^
10A. Wotice to creditors—(l) Whenever the Court of Wards assumes charse of any person or proper ty under section 7 or section 10, it shall publish m the mumer provided m section 64A, a notice calling upon all c r e d i t ^ P ^ S & £ 5 a S S the ward of hrs immovable property to submit the same in writing to the Cou?
XhkSSSS 1 5? n a T e d $ t h e .?° l*e , within six months fron the daTc S f t f i publication of the notice aforesaid;
•PiJf'rvnr? n ^ i i ' i V ™ * ^ ProSLT.di^S in respect of a claim is pending in any ihSi £ " £ l £ ? £ " « ? * * " ° ^ t h e PLlbhcat l™ °* such notice. intimation of that fact shall be given by the creditor concerned to the Court of Wards within the period S h S T S £ notice of ihe decision of the Civil Court in respect of such claim shall a so be given to the Court of Wards within three months after the final disposal oi such, suit or proceeding.
(2) Every such claim (other than a claim on the part of the Government not submitted to the Court in compliance with the provisions of sub-section (V shall, * - - * notwithstanding any law, contract, decree or award to the Contrary, cease to carry interest LVom the date of the expiry of the period for submission of the claim or in any case where a suit or proceeding in -espeet of a dpim is pending in any Civil Court, the period of three months after the final disposal of such suit or proceeding referred to in the said sub-sectionany Provided that, if the Court is satisfied that the creditor was prevented by - sufficient cause from complying with the provisions of sub-section (1) it mav consider and allow, either wholly or in part, his claim for interest at any time after the date of the expiry of the period aforesaid.
10B. Creditors to furnish full particulars and documents.— m Ev^ry creditor submitting his claim in compliance with the provisions of sub-section (1) * * * * of section 10A shall furnish, along with his written statement of claim full parti culars thereof; and anal, within such time as the Court may appoint, produce all documents which are in his possession, power or control. including entries in books of account on which he relies to support his claims, together with a true copy of every such document.
• S2\iT]?e C°UrHt s h a 1 1 ' after mailing for the purpose of identification, everv ongmnl documents so produced, and verifying the correctness of the copy iWain the copy and return the original to the creditor. W ' i e c a i n tm If any document, which to the knowledge of the creditor is in his possession power or control, is not produced by him as required by sub-section m - v ^ document shall not be admissible in evidence against the ward whether durin* the continuance of the management or afterwards, in any suit brought bv Ihp creditor or by any person claiming under him in respect" of such claim unless good cause be shown, to the sal is fact ion of the Civil Court o n f f i & S S ^ ^ S Tor the non-production of the document as required by sub-section (l) • * • * " ' IOC. Bar te certain nrocsedm-;.—,!) Where any property is In charee of the Court of Wards no Civil Court shall axeeute any decree or ordel- a4tnst fhe person or property of the ward within four years from the date of the commence!
&n%, " " A v o r , F m i V.* e da*<* o f th« assumption of charge of the'prnpprT" % the Court of Wards, whichever Is later, and for seven years thereafter ¥M Svenloars' **** ' * * ***** "' " * * b e p a k t i n & 1 1 - e r y ^ e a r durJng tlu' & Wards shall « Court remains in charge thereof W When the. Court has f i t t e d £ £ j ^ S & S K f S & t £ ft make to the creditor *m^%£g*%! $ b th: and, if such proposal, or any the rate of interest to be .paid. &i W u r e y * r and his acceptance is finally recorded S S P S S » & ^ t f i C o S t t ' L ' f be^conSusivly binding upon the creator and upon the ward.
. - n c ,lf <n,b-section (2), nothing in this section shall MB Subject to the provisions of ™ 7 ™ J £ c l v i l C o u r t for the recovery 5 & s i £ t t 2y&S**&*&£*> *- •*«** to the Court of Wards:
> «*%<* rrmrt of Wards under this section shall be •n j , i ^ , i 'YiTt- n n dpf lS lOn 01 t i l e I jOUtI HI v< t*11-13 U*"*" p r ^ a V S e a „ y h s u " s u T i , ! i f t>« the defendant.
(4) m .BOA. *• «**£gj«^(Sggffwira?^55?5 S S t a t o S S S to th. creditor shall ba excluded.
1 0 E ' , t .„ «»» nF the HSfcsi prourietors ceases to be disqualified or U. £ft*ffit£ars f t e S l ' S J S jointly w»b a disqualified prapHetor.- any peiso'J becomes entitled^ to » 5 ^ £ * 3Yi * h l e oC the property of any Joint The Court of W g * J « g J ^ ^ o n T « ? J & « £ < & « ha^ taken charge under proprietors ^ J ^ W ^ g f <g* S g f c M t a « « has taken charge under section srwrsrss t t tyra&s I3K&*«; ** Part *««* m with any disqualified proprietor:
• i s 4i fc ^ **,*> BJi-â S n[ mith proprietor or' nerson is duly partitioned t b e ' c S f i S f A S T l f S P - i s £ s V s e c t i o n ISA, release such partitioned ^ T r o v i - d Father that if the &&mf ^JSff^-fiSfJfShSSSBl*£j , e „ „* , ( . , r +h= rrtmmencement of this Act was or is placed under the cuargs 5 f S 2 S f l S & S a CI™? Co£r. tinder any enactment for the time being m iorce:
bLvW»H «w* W «haH "ive notice of its intention to withdraw to the Civil C o u r t ^ - e n S : no. fbatVich notice shall be give, not less than two months befOES tha Court &£ Wards shall so withdraw.
the L a t h of S ward, the secession to his property or any part thereof £ to c t t J p S t h e Court may either direct that such property or part thereo, be mad.
over to any person claiming such property, or may retain charge of the same or until the dispute has been determined by a competent Civil Court.
13A. Tower of Court to retain charge of property of disqualified proprietor until discharge of debts,—If, when any disqualified proprietor dies, or ceases to be disqualified within the meaning of this Act, there remain undischarged any debts or liabilities which were incurred by, or are due from, such proprietor, or which are a charge upon his property or any part thereof or any liabilities which were incurred by the Court lor the benefit of the property of such proprietor.
then, notwithstanding anything contained in the foregoing sections, the Court may either wi thdraw from the charge of such property or re ta in such charge until such debts and liabilities, as the .CoutL considers necessary to be discharged, together with ail interest due thereon, have been discharged:
Provided that , after the dsath of a proprietor, the Court shall not retain charge on account of any debt or liability which has been declared by a competent Civil Court not to be binding on his representative.
14. General powers of Court.—Subject to the provisions of this Act, the Court—
(a) may, through its maniaffef, do alt such things requisite for the proper care and I'an'-gemetit of any i>' opt?rty of which it may take or retain charge under this Art, or whi h may be placed under Lis charge by order ot a cqmpeieid Civil Court, as the proprietor of any such pro petty, if not disqualified.;, might do for its care and management, and
(b) may, in respect of the person of any ward, do all such things as might b e lawfully done by the legal guardian of such ward,
15. Exorcise throng:!] others of powers conferred on Court.—The Court may exercise all or any powers conferred on it by this Act through the Collectors of the districts in which any part of the property of the disqualified proprietor may be situated, or through any other person whom it may appoint for such purpose.
Delegation of powers,—-The Court may, * * * * , from time to time delegate any of its powers to such Collectors or other person as aforesaid, and n.dy at any time, S: * * if *, revoke such delegation.
16. Establishment; and expenses.—The Court may from time to time crder such establishments to be entertained and expenses to be incurred as it shall consider requisite for !he care and management of the persons and properties under its charge, for superintendence, fnr the audit of accounts, and generally for all purposes of this Act: ap>1 may order thai such expenses, inclusive of all salaries, gratuities and pnvir^nl': a a ;v.""i nl of the leave-allowances oE such establish ments, be chamed against am- one or sapre pro oer ties for the i an 'poses of which such establiMiiiii-nts UP,', or havv br.'.-n, tnu.Mainc-d or such expenses have been incurved.
17 * " * * * 18 ipowj-r to uuimigc psssjMisiy.—Tbe Court may sanction the giving of leases or farms of the whole nr"par t of any property under its charge, and may direct the mortgage or sale of any pn>- of such property, and may direct the doing of all"such other acts as it may judge !•) be most lor the benefit of the property and the advantage of the w ird.
;•;. pjUen C&ss-t may orfe? umjsertj! to be formed Into seyarata estafcgy—If • ;ourt thin I-- it i ••: ledieni to dl -• •'. the sale or mortgage ot any part of an estate of which fhs ward is \.'<- pajoo'ie or, it may. order the Collector to •titioii f>i'i' •• • i parate ;_-:•: ite: and the demand of land-revenue and of the cos for " '-":. th i - iSJ ••• l il - was liable shall be assessed upon and div-•'•-•'! between the hva separate estates so formed, respectively, in such manner as the Co-i rfc, with the- ;a.nc il the I &Ieg Commission .-r. may d i rec t 2D, *pji ointment v,f • \ . ruarnirms.—The Court ma i .oint cne n ire managers for i evtv of any ;?ard. and one or more guardians Cor the rare of the person of any ward, under the charge of the Court, and may control tnd rentova any manager or guardian so tppqinted, / 8 On any disqualified proprietor becoming a ward, the Court may. at its dis-i cretion. confirm or refuse to recognize any appointment of a person to be guardian of such disqualified proprietor which may have been made by a will.
21. Custody, education and residence of wards.—The Court may make such orders as to it may seem fit in respect of the custody, education and residence of a minor ward, and such minor members of the ward's family as are under its charge, and in respect of the custody and residence of any ward, not being a minor, whose person is under the charge of the Court.
22. Allowance for ward and his family.—The Court shall allow, for the support and education of each ward and for the support of his family such monthly sum as it thinks fit (if any) with regard to the rank and circumstances of the parties and the financial condition of the property of the ward under its charge.
PART III.
PROTECTION FROM SALE OF CERTAIN ESTATES.
23. Estate under eharse of Court exenipi from sale.—Clause 1.—Except as hereinafter provided by section 23A, every estate, shall be exempt from sale for arrears of Government revenue which have? accrued whilst such estate, share or part has been under the charge of the Court:
Provided that all such arrears of revenue shall be the first charge upon the rale-proceeds of any estate, share or par t which may be sold for any other cause than for such arrears of revenue.
Recovery of arrears of revenue, etc., due at the time when property ceases to be ander charge of Court.—Clause 2.— If at the time when any property ceases to be under fee charge of the Court of Wards, any liabilities enumerated in this clause are outstanding in respect of any part of the property, the Collector mav attach the whole or any part of such" property whether consisting of estates, or shares cr parts of estates. or tenures or holdings and collect the rents, cesses and other demands due and all arrears thereof, managing the property s 0 attached either directly or through a manager or by farming as he may think fit:
Provided that such attachment shall not remain in force for a period exeeedine five years. .,?
* ?uhe c ° u ,ec tor s h a U f r o m t h e proceeds of such property discharge the liabilities of the whole property in the following order of priority;—
(1) cost of management, s
(2) arrears of Government revenue and interest,
(3) current revenue,
(4) cesses due to the Government,
(5) arrears of rent and cess due to the superior landlords and interest thereon,
(6) other sums due to the Government, including the principal of and interest on any loans advanced by any Government, and
(7) current rent.
After satisfaction of the above liabilities the Collector shall, subject to any order of the Civil Court m this behalf, release the property to the proprietor and pay to him or his duly constituted agent any surplus that remains in the hands of the Collector, and shall furnish such proprietor with an account of the receipts and expenditure extending over the time when the property was under attachment.
Mmiaisfcration of property by trustees <m withdrawal from charge by the <Comt of Wards.—Clause 3(1).—When the Court of Wards decides to wi thdraw from the charge of any property on the ground fhat in its opinion, the property is insufficient to pay the liabilities of the proprietor, secured and unsecured within a reasonable period, it shall give the proprietor and his creditors sucH opportunities as it thinks reasonable to come to an agreement regarding the release of the property from the charge of which it is about to wi thdraw "and if any such agreement is reached, the Court of Wards. IE it is of opinion that the agreement is valid, shall release the property to the proprietor.
If the property is rmt so released, the Court of Wards may. upon notice to the proprietor, rail a msetin* of his creditor;; to eisct nnt less than two trustees to administer Hie property. At such meeting the creditors shall have votes in proportion to the debts owing to them respectively. The opinion of creditors to This Court - oi Wards. noioing 0 j : b U C h m e e t i n„ s h a U b e ^ d o w n ^ ^ ^
(2) Upon the trustees, so elected m- mnmntflfi « «.
•then- willingness to act as t rus t s the S S S S ^ h S ^ ^ S * m a y b e ' j e s s i n g collector to attachment, collection and S r e n?"«?!?*&& t h e r i s h t o f lh« section 23, vest in them, in trust to l i S ,•*- *5e ^^Uities mentioned in 'Civil Court as may be p r e U S ! " V S E l B toSSft ***&*&** Qt s u c " of he proprietor and making over the^residue S^fe*%? &* °thtr U a b i J i «^ •shall pay to the trustees, instead of to the nW&rnV ^ l ' *° ^ T h e Collector •remains in his hands. Notice of the S f l E 2 S ? « « ?-agent ' *** surplus that jesting oi the property in the trustees shSM£ L?uv^ C.0m1 o l W a r d s ^ the -in section 64A. uustees shall be published in the manner provided "Wards M t e % S ^ g S f £ ^ £ % & & & * " ! Jhe * * « * «* Court 6 | * arrest or imprisonment S ^ ^ f ^ i ^ & S . a j ^ ^ l ^ M & t g f h i n ^ S d i n / ^ T h e ^ ; , ^ 2 2 * °f ^ d S ° r ^promise under the Court of Wards M^nii ^ S l t S ^ i g f f S ^ J ^ " ? L ^ 8 8 MM OvU Court had made such adjudication "or h o r d e d S k ' S g & S * « » t ^ ^ ^ S l ^ ^ ^ y & M S . S * j*S **&*» the law :above and shall also have power to S n o ^ g S S ^ i g o S S S l ^ •xo^szsv3^^ sa^STSE?appiy ? • t h e « «* far the framing of a scheme of admfnistratio"' oi for fn/?™™1 + 0r ''PP^tment, ••••and discharge of the trustees. ' D1 I o r t h e termination of the trust •Jng(7iheT wimnEess of Sisters S " £ ? £ » * £ & £ * $ * © « * * « <* • * * * and the Civif Court'under wtose £r£So£T t h ^ X ? 6 ^ ^ 0 f t r " s i ^ property may be prescribed by rules £ % & £ & g ^ C ^ S S * ^ estate, share or part of an estate on which an â rear of ? U £ *f" c o n t a i n e ^ any under the charge of the Court mav nt ! « a r r e a r of revenue has accrued while •the law for the time being in force foi the ^cnv» $& <*&** t h e P l w i ^ revenue if the Court has S r t t t e t f i ? w r W t S S f f n ^ ^ W ^ G o v e ^^ent •that such estate, share or part be Sid! S w s t I + L ^ e S t ! 0 f h .e w a r r i require upon which it has arrived at such conclusion m S U c h w n t i n * U l e r e a s Q ^ him or them by Che regular TOe of inheSanS o f l ^ ^ ' ^descended to some settlement made by, some decease oner t W n / &$ft o f t 1 h e w U 1 «* or ol revenue accruing subsequently E M E o r ' L r f S ^ a l 1 ^ 5? l d f o r « « * » « » « the « a t e ,s ^ o f S ^ ^ S S g S S t S i S B T " " ^ Power of Collector to attaefc suet, estate—Th* rvwi* * so accruing on any such estate attach i t '^T CaJteetor may, on an arrear arrears of rent due, managin- the S l f M ^ a l e , . a n d , co"ect the rents and7l or by farming it, as he may think fit £ • d t r e e * ^ o r trough a manager extending beyond the time whS £ch n £ ^ ^ m o d n j , t P««.«Hlag ten yea™ nor age of twentr^one yeaS ° r " ^ Df S l i c h minors comnlefcea Ms
25. Secttoo 24 not to apply unless •..,=;.... ~*m _ , ^n^r , of revenue given b y ^ f f l ^ fcg»J ^^mption from sale for omy apply to cases fa which a w*W*aj 10 -notice of the fact that the estate is the sole property of one or more minors ,-^nd entitled to such exemption, has been served on the Collector before the sale.
26 Application of proceeds of estate farmed under section 24,—When an estate has been farmed under the provisions of section 24. the proceeds of such farm shall be paid to the Collector; and the Collector, after deducting the amount of the claims of the Government for revenue and other public demands, and the charges of management, shall either pay the proceeds to the person authorised to receive them for the proprietor, or shall dispose pi them in any of the modes mentioned in section 4t) or in section 50.
PART IV ASCERTAINMENT OF DISQUALIFICATION 27 Procedure for as re r t imin? and declaring disqualification.—Whenever any Collector has reason to believe Chat any person residing m his district, or being the proprietor of an estate borne on the revenue-roll of his district ^should be declared or adjudged to be a disqualified propne 'or under section b, he shall make such inquiry as he may deem necessary; anri. if satisfied that audi person should be so declared or adjudged, snail make a report of the same to die Court and "the Court shall, on receipt of such report, make such order consistent with this Act, as may seem to it expedient.
*>8 Power to enforce provisions of Act without report.—Nothing in section 27 shall prevent the Court or the Chief Commissioner from putting the provisions of this Act in force without any report from the Collector.
"9 Power of Collector as to preservation of property on ileath of a proprietor fffcoae "heirs shmilA be declared disquallfletJ^-Whenever any Collector receives information that the sole proprietor of an estate which is borne on the revenueroll of his district has died.
or that the sole proprietor of any estate has died within his district, and such Collector has reason to believe that the heirs of such proprietor should be declared or adjudged to be disqualified under section 6 he may take such si-ps and raa&e such orders for the safety and preservation of the movable property of such heirs, and of all deeds, documents or papers relating to tias pro perty of such heirs, as to him may seem fit.
Such CoUector may call upon any other Collector in whose jurisdiction any su"h" movable prooerty, or any such deeds, documents or papers may be, to take c h a r - of the same- and thereupon such other Collector shall have the same powers with respect to such property, deeds, documents and P ^ e r s within his district as are conferred by this section on the first mentioned Collector.
Seeovers of expenses if property is no? fe&As under charge of Conrt.—If the Dronerty is not afterwards taken under the charge of the Court all expenses mcuWed bi- a Collector acting under this section shall be recoverable as arrears of land revenue from the owner of such property or the person or persons whom the Collector shall find to be in possession of such property.
30 Production of minor proprietor, and order, for his temporary custody.—A Collectoi• actiP* under the •- ' p r w e d m * section m i y direct that any person who S r § £ c K S r * * * mfror b 4 r fit anv w& d ^ e ^ t t proprietor shal produce ^ a l J p r b e f b ^ such C o ^ r h o r or t - f ^ anv ntb-r C o l l a t o r on a day fixed ffffSS'before whom t b - J ^ n n - fe » produced m n v m a k e such order for the temporary custody and protection of .;uoh minor as to him may seem fit.
T* vm Trtmftr k a temal*> -be shall not be brought into the presence of the C o l l e c t S i t t heCol l ec to r ft* take such steps fee her identification as he may th ink fit. i.
»1 S«Bl1ea^%a to Civil Court it *S3« 3? l i m b i c s — « a sole proprietor of an A 1 - r S ^ V ^ f h v - Crill-ci r " nf vmstoiia 1 itrrd m I incapable of manacestats is report oy : i r*t* cror > - ' • _r..^-]tir. r „ „ h r s p o r t or such withtrVthe jur'isdfction of which such proprietor may s*»dtt.
»a innllwticm to Civil Gom-t m ****** &?*'**? t¥c*tmt* p ^ i ^ f * , ™ g r ^ S d of p S ? S l 2 * 1 * * i n n . m i t y . - I f a sole proprietor of an estate, wno does http://inn.mity.-If 11 not reside within the local limits of the ordinary original civil jurisdiction of ti^-- Court of the Judicial Commiss ions for Manipur is reported by a Co lector to he incapable of managing his property on the ground of some physical defect or infirmity other than unsoundness of mind, the Court may order the Collector making such report , or such other Collector as the Court may appoint, to apply to the principal Civil Court of the district within which such person may be • residing; and, upon suchCol lector so applying, such Civil Court shall inquire into and determine the question as to the alleged incapacity.
33. Similar application when Proprietor resides %vithm original jurisdiction of Court of Judicial Commissioner or beyond the Union terr i tory of Manipur.—If a sole proprietor of an estate, who is resident within the local limits of the ordinary original civil jurisdiction of the Court of the Judicial Commissioner for Manipur or resident beyond the Union territory of Manipur shall be reported by a Collector to be incapable of managing Ms property by reason of some physical defact or infirmity other than unsoundness of mind, the Court may order the Collector makin* such report, or such other Collector as the Court may appoint, to apply to the such Civil Court as the Chief Commissioner on application made to him by the Collector in that behalf, may determine.
Such Civil Court shall thereupon inquire into and determine the question as to the alleged incapacity.
34. Powers and duties of Courts when inquiry is insti tuted under section 32 or
33.—When any inquiry is instituted by a Civil Court under section 32 or section 33, such Court shall, for the purposes of making such inquiry, have the powers con ferred, and proceed in the manner prescribed, by the Indian Lunacy Act, 1912 (IV of 1912), with respect to the inquiries directed to be made by the said Act.
The Civil Court shall transmit to the Court of Wards a coov of the order made on each such inquiry; and the Court of Wards shall thereupon in case the proprie tor has b=en found by the Civil Court- to be incapable as aforesaid, make such order, consistent with this Act, as it shall think lit.
The Civil Court shall have, with reference to proprietors who have been adjudged to be incapable as aforesaid, the same powers as are conferred on a Civil Court by section 82 of the Indian Lunacy Act, 1912, with reference to persons adjudged to be of unsound mind and incapable of managing their affairs.
34A. Recovery of expanses incurred bj Collector under sections 31 to 33.—All expenses Incurred by a Collector in taking action under section 31, section 32 or section 33 in respect of any person shall, if the property of such person Is not taken under the charge of tho Court, be recoverable from such person or from the person whom the Collector finds to be in possession of such property as arrears of land revenue.
PAET V PROCEDL-RE AFTER ASCEIITAINMEKT OF DISQUALIFICATION
35. Order declaring person or proper ty to be under charge of Court,—When ever the Court has determined to take the per i on or property of a disqualified proprietor under its charge, whether in accordance with an 'order of the Civil Court or otherwise, the Court Shall tnabn ati order declaring the fact and direct ing that posses ion be taken of such person and property or of such property on behalf of the Court ; and the Court rshoM be held to be in chars*.1 of such property from the t ime when possession shal] have he- n so taken.
36. Collector to tn--i> JIG '••":;•.•• tie * e y—As soon as conveniently may be after mi order is marie undi ' '•'••••• provisions of seetion 33\ the Collector; of every Sistrict wvthift Which any ;. n] the Ward's property may be situated', or some person authorised in writivr:" by liir.i in that behalf, shall l.uVe possession of all account-- papers and movatei nrpp !••• of the ward, and plate under proper custody such portion thereof as 1 i think necessary.
Any such Collector, or some pc :on authorised as aforesaid may. in case he has reason to believe that any sttti i :c< i •• $ • t or property : ; in any room, box or ree.-pta':l > within any hoii •• thn actual possession of the ward, ' break "open the .same for the purpose of sear hlug £ r such account, paper or property.
&7. Additional powers '.— •'."'.• such Collector mny also order all persons m the employ of the ward 11 -• rsona ""ho wore in the employ 6£ the deceased proprietor from whom the ward has derived his property, to a t tend before him;
12 and may order any person to deliver up any accounts, papers or movable property belonging to the ward, or any accounts or papers relating to the ward 's property, which the Collector has reason to believe are in such person's possession, and may order all holders of tenures and undsr - tenures on such property to produce their titles to such tenures and under- tenures .
PART VI MANAGEMENT AND GUARDIANSHIP
38. Collector when to he deemed manager.—If no manager of the property of a ward is appointed by the Court, the Collector of the district in which the greater par t of such property is situated, or any other Collector whom the Court may appoint in that behalf, shall be competent to do, under the orders of the Court, anything that might be lawfully done by the manager of such property.
39. Powers of manager,—Every manager appointed by the Court shall have power to manage all property which may be committed to his charge, to collect the rents of the land entrusted to him, as well as all other money due to the " ward, and to grant receipts therefor;
and may, under the orders of the Court, grant or renew such leases and farms as may be necessary for the good management of the property.
40. General duties of manager.—Every manager shall manage the property committed to him diligently and faithfully for the benefit of the proprietor, and shall, in every respect, act to the best of his judgment for the w a r d s interest as if the property wrere his own.
41. Specific duties of manager,—Every manager appointed by the Court shall—
(a) have the care of so much of the property of the ward as the Court may direct;
(b) give such securitv (if any) as the Court thinks fit, to the Collector, duly to account for all such proper ty and for what h?. shalj_ receive in respect of such property;
fc3 continue liable to account to the Court, after he has ceased to be manager, for his receipts and disbursements during the period of his management;
(d) pass his accounts at such periods and in such forms as the Court may direct;
(e) pay the balance due from him thereon;
(O apDly for the sanction of the Court to any act which may involve the property in expense not previously sanctioned by such Court;
Cg) sign all papers, deeds, documents and writ ings which may be executed by him by vir tue of his office;
(h) be entitled to such allowance, to be paid out of the property, as the Court may think fit. for his care and pains m the execution of his duties;
(i) be responsible for any loss occasioned to the property by his wilful default or gross negligence.
42 C r n - n d duties of guard ian—A guardian appointed to the care of a Ward shallI be charged with the custody of the ward, and must look to his maintenance, nealth, and, if he be a minor, to his education.
43. Specific Unties of guardian—Every guardian appointed by the Court shalL— fa) *ive such security Of any) as the Court thinks fit, to the Collector for the due performance of his duty;
(b) pass his accounts at sueh periods and in such form as the Court may direct;
irc) pay the balance due from him thereon;
13 id) continue liable to account to thp Pnn^f B4**» *,•*.•*.* £3&&his receipi %fo£a&gf$g^tt S 2 t f ) ^ J S S S ? t ? ^ V 1 1 0 ™ 6 - to be paid out of the property of t h e ' fcK^JSSW*.*1 C 5 * ? t a interested Persons horn guardianship —Xo oerson who would be the next legal heir of a ward or would otherwise be i m r n e r i H t ^ interested m outliving a ward, shall be appointed to be his guardian; u n m e d i a t e l y menfary ^ l i a n . ^ ^ S e C t l ° n — * * * * t h e m o t h e r o f a w a r d « i 0 a «**
45. Who to be guardian of female ward.—If the ward is a female, a female of the same religion shall, except in the case of a tes tamentary guardian be a^nolnted guardian, preference being given to female relatives if any such be e l f g X •* ? u t i , 1 1 0 ^ u a r ^ ? ,sha,1] ordinarily be appointed or continued for a female ward if she has an adult husband. ^ ^ ^ d r a
46. Recovery of sums due to the Court.—Every sum due to the Court from a manager or guardian or from the sureties of a manager or guardian, or from any* officer or servant employed under the Court, or from t h e s u r e t i e s ' of 3 * V H officer or servant, shall be recoverable as arrears o£ land revenue.
47. Court may order guardian or manager to make over p rope r ty—The Court may order any past or present manager or guardian, or past or present officer subordinate to a manager or guardian, to deliver up his accounts or any proper ty which may be m his possession within such t ime as may be fixed by the Court.
48. Application of moneys received by the manager.—All moneys received by the manager shall be applied to the purposes hereinafter mentioned to accord ance with such instructions as the Court may, from time to time, give in that Deriaii, U n ^ s s the Court shall specially otherwise direct, priority shall be tu'ven to the purposes included in Class I over those included in Class II. to the purnoses in cluded in Class II over those included in Class III and to the purposes ' included m Class III over those included In Class IV.
Class I
(1) The payment of all charges necessary for the management and supervision of the property of the ward.
(2) The payment of the charges referred to in section 22, and
(3) the discharge of the instalments of Government revenue and of all cesses and other public demands from time to time due in respect of such property or any part of such property.
Class 11 {1} The payment of all rents, cesses and other demands due to any superior landlords m respect of any land held on behalf of the ward, and
(2) the payment of interest at not more than four and a half per rentum net annum on all debts incurred by the Court on behalf of the ward or on all debts incurred by the ward which the Court has admit ted in the following order of priority:— <a) debts Inearred hy the Court in writer to consolidate or pay oft nrevious debts incurved at a higher rate of interest, fb) debts secured by immovable property of the ward,
(c) debts which the Court has reduced under sub-section (*) of section 10D and '
(d) other debts which the Court has admitted.
Class III • - - J
(1) Th.2 maintenance in an efficient condition of the estates buildings and • other immovable property belonging to the ward, and
(2) the payment, on such scale as the Court may authorise, of such religious, charitable; and other allowances not exceeding the amounts paid out of the proceeds of the property before it came under the charge of the Court, and such allowances and donations befitting the position of the ward 's family and such expenses for the education of the members of the ward's family as the Court may authorise to be paid.
Class IV
(1) The payment of the difference between interest at four and a naif per centum per annum and interest at the rate contracted for on all debts of the ward admitted by the Court in the order specified in clauses (b) , (c) and (d) of item
(2) in class II,
(2) liquidation of the principal amount of the debts in reasonable instalments.
and
(3) improvement of the land and property of the ward and the benefit of the ward and his property generally.
49. Disposal of surplus moneys.—If the ward is a female of sound mind, who has completed her ag.> of twenty-one years, or a male who has completed his age of twenty-one years, whose property is under the charge of the Court under clause (e) of section Q, any surplus which remains after providing, so far as the Court may think fit, for the objects mentioned in section 48 shall be paid to such ward;
Provides that, before paying any portion of such surplus to such ward, the Court may deduct therefrom and retain at its disposal any sums which It may consider necessary to retain—
(1) as a working balance for the management of the property and expenses incidental thereto;
(2) in order to make provision for any special charges which are "expected to becom? payable on account of the property, and which probably cannot be met from the expected surplus of the following years.
50. Powsr to invest surplus.—If the ward is not a female or male as aforesaid.
and if any surplus remains after providing, so far as the Court may think fit.
ior the objects mentioned in section 48, the same shall be applied in the purchase of other landed property, or invested at interest on the security of— promissory notes, debentures, stocks and other securities of the Central Govern ment or the Government of the United Kingdom of Great Britain and Ireland;
bonds, debentures and annuities, which before the fifteenth day of August, 1947, were charged by an Act of Parl iament of the United Kingdom, on the revenues of India or of any State;
stock or debentures of or shares in railway or other companies, the interest whereon had, before the fifteenth day of August, 1947, been guaranteed by the Secretary of State for India in Council;
debentures or other securities for money paid by or on behalf of any munici pal body under the authority of any Central or Provincial Act or Act of the Legislature cf a Par t A State or Par t C State; or such other securities, stocks or shares, guaranteed by the Government as to the Court shall seem fit; or •£ mortgages on immovable property.
PART VII SUITS
51. Mp.ivuj'sr or Collector to be next friend or guardian in ^uits by or ugainst ward.—In every suit brought by or against any ward he shall be therein described -as a ward oS Court; and I h e manager of such ward 's property, or, if there is no •i> 15 anai ager the Collector of the district in which the greater nart of such nTnCrh , fe^M^*^ ° t hf r C o l l e c t o 1 1 whom the Court of W a r d f may appoinf i ^ t h S behalf, shall be named as next friend or euardian for rtw=,,n" i U i v T , 11 • J suit represent such ward; and no other p e f ^ n hall b e o r d o S i to u e o r ^ S 3 a n ^ o S r ^ S ^ - L 9 ^ P i Z ^ S m a y ' kf an order, nominate or substi tute any otne, peison to be next friend or guardian for any such suit- and urjnn r e c e l v m e a copy of any such order of substitution, the Civil Court n wA\ch T e h si t is pending shall substitute the name of the next friend or guardian for the suit so appointed for the name of the manager or Collector.
53. •Payment of costs.—If in any such suit any Civil Court shall decree anv costs against the next friend or guardian for the suit of the ward the C o u r o f Wards shall cause such costs to be paid out of any property of the ward which for the time being may be in its hands. •»«*••.# * J1- U f l l u *««MS of S * t e ? r - S P o c e ? s gainst wards.—Every process which may be issued out ? L ™ T 4 • 7 against any ward shall be served, through the Collector, upon trie next friend or guardian lor the suit as aforesaid of such ward.
*f &$£&*£** tQ, bt $ £ £ * £ on I ) e I l a l f o f w a r d s I m l e s s autliorised by the Court -?L l ™ f T f i ? I t - s h ^ \ b e b r o u S h t on behalf of any ward by a manager , unless the same be authorised by some order of the Court.
. Provided that a manager may authorise a plaint to be filed in order to prevent -a suit t ram being barred by the law of limitation; bu t such suit shall not be 'af ter wa rds proceeded with except under the sanction of the Court:
Provided also that suits for arrears of rent may be brought on behalf of any w a r n it authorized by an order of the manager of the landed proioertv on which •such rents are due. • • ••
55A. Indemnity.—No decree or order shall be made by a Civil Court against .any person for anything done, honestly and with due diligence under this Act.
.56. * * * *
PART VIII PENALTIES 57 For disobeying certain orders of Collector.—Any person who refuses to •comply w n h an order of a Collector under sections 29, 30, 36 or 37 shall be liable by order of the Collector, to a fine not exceeding five hundred rupees.
5S. For disobeying orders under section 47.—Any person who refuse? to comply Wtn an order made under section 47 may lie punished, by order of the Court, with simple imprisonment and attachment of ins property until the order is complied • w i t h :
Froft iMi Lhat the Collector may release any person who has been so impri soned, on his furnishing sufficient Security for his attendance and :QT- the delivery 2* th™, 3 ^ ™ L 0l" Prc>Perty required within such time as the Collector shall think « 7 f V,f)I o r m a 7 ' a t a n y t i r a e ' rescind such order of release, and direct that ettect SBOU be given to the previous order of imprisonment.
§8A. Penalty ah fanner neglecting to iumish accounts, etc.—Any farmer holdm s or hav-fflg held lands uncles the Court:, who, upon notice served upon him to that effect aL any time du rms the currency of the lease or within six months after tlie expiry o r the lease under which such land were held or after he has relinquisbe I sucn lands, omits or refuses to furnish accounts or produce documents or papers required under such notice, and shall noi show sufficient cause Cor tuch omission or refusal, shall be liable to Etucb fete as the Collector m a f (hi,,:- St to impose, not exceeding one hundred rupees, for such omission; and the Collector may Lmpcse such further dailv fine as he nay think proper, not exceeding twenty V or each day durwg which such fc.rmer shall o I irnish fhe accounts *»wmHifa ar papers requh-erl after , be nxed by the G t o S o r in ^ n o t £ visaing the farmer that such Eur&ec hilly She will he hnposed, vi ? ^ ™ ~ 0 J S ^ a U J e _ i ^ i e d l l v l»ndBrin( to the person to whom it may be directad a copy thereof, attested by the Collector or by delivering such copy It the S i S l 16 place of abode of such person or to some adult male member of his fanriiyj^or;.
in case it cannot be so served, by posting some copy upon such conspicuous p a r t :
of the usual or last-known place of abode of such person; and in case such notice - cannot be served in any of the ways hereinbefore mentioned, it shall be served in.
such a way as the Collector issuing the notice may direct;
and the date fixed by such notice shall not be less than fifteen days after service thereof.
The Collector may proceed from time to time to levy any amount which has become due in respect of any fine imposed under this section notwithstanding that an appeal against the order imposing such fine may be pending:
Provided that, whenever the amount levied under such order shall have exceed ed five hundred rupees, the Collector shall report the case specially to the-Cour t , , and iv) further- levy in respect of such fine shall be made otherwise than by the authority cf the Court.
59. For disobeying- order of Court.—Any person who disobeys any lawful order of the Court shall be liable, on conviction before a Magistrate, to a fine not exceed ing five hundred rupees and, if he is a manager or guardian appointed by. the Court, to a fine not exceeding one thousand rupees.
D9A. Persons employed by Court tn be "public servants".—Every person employed by the Court under this Act (Act XLV of 1860) shall, for the purposes o f the Indian Penal Code, deemed to be' a public servant.
PART IX.
MISCELLANEOUS
60. Disibililies of wards.—No ward shall be competent to create, without the sanction of the Court, any charge upon, or hxteresi in. his property or any part thereof, or to assign over or charge any allowance to be received by him from the - Court.
60A. Exemption of Ward's property from execution proceedings in certain eases.—No property which is or has been under the charge of the CourUs^u i be liable at a::y time, except with the leave of the Court, to be taken in execution of a decree made in respect of any contract entered into by the ward without the leave of the Court while his property was under such charge.
60B. Certain pessens to be deemed to be wards.—For the purposes of section IOC, Par t VII and sections 60 and 60A, a person whose property is under the charge of the Court of Wards under section 11 by reason of the fact that such person has become entitled to the property jointly with a disqualified proprietor, or charge of whose property has been retained under section 13A. shall be deemed to be a ward, but only so far as regards such property.
fil. Adoption by ward invalid without consent of Chief Commissioner.—No • adoption by any ward, and no writ ten or verhal permission to adopt given by any - ward, shall be valid without the consent of the Chief Commissioner, obtained either previously or subsequently to such adoption, or to the giving of such per mission. on application made to him through the Court,
02.' * G;L * * * * * *
63. Recovery of interest on a r rears of rent.—Any amount of interest which has accrued due, on arrears of rent or other demand recoverable as rent payable to the manager of an estate which is in charge of the Court, may be recovered in any mann'T and by any process according to which such arrears may be recovered under any law for the' time being in force; and any Court or officer who is com petent to make an order or certificate in execution of which such arreaAs or~'$ther demand are recoverable may direct that any costs incurred by the manager in obtaining such order or certificate, and in executing the same, shall be recovered in the same manner and by the same process as if the amount thereof had been Included in the said order or certificate.
64. Record of reasons when penalty imposed under section 57 or 58.—When any penalty is imposed by any order under section 57 or section 58, the Collector or Court passing such orders shall make a formal record of the same, with the reasons-- •or grounds thereof.
17 «nd any order required to be publ i sh^ ££?£$?$Jgft?'p&SgJSE-*
(a) in the Social Gnzetie;
mined t o ^ f e a s e S P p S B g g " J S f C t S ^ S f C e a * h " « * * • that the jurisdiction o7 the CoS't o v S s u S n™»rfa re .& S s 1 "" 1 m a k e a n o r d e r more than s b * and no, less in „ S e n d n v s T o m ^ h f d a t f ^ f . , ° " H * ^ ""5 cop.es of such order .hall be published in t ^ ^ ^ A t i ' ^ f f i ' S ^ * h., ajSSTAffaveysj-sfi ss&ts •wa -r^ of such property. be recovered * * * * ^ J E S S * charge may, at ter the release tug fo£S ^ € E ; i s H ^ ^ =
66. Judicial powers of Collector in maMiur innn :H^c A r»*-n»>a Ac t ' t o t f f c f e S f * a P P e a l S h a 1 1 U C i r ° m e V 6 r y o r d e T * a B " « t a * » ™ d " this A ^ S f ^ l l f ? » u ' t . - A l l ^ e r f s or proceedings of the Collector under this Act shall be subject to the supervision and control of the Court and the r w w h p t h S l ^ S S i ^ revise modify or reve .se any such o S or o rocee^n" whether an appeal is presented against such order or proceeding or o t h e r u S e
69. Control by Chief Commissioner.—M the exercise nt tho *»»»»«- *~» • «
69A. * * * # ' * , t h i s ^ J t ™ " l ° ^ t0 ' ! " a k e m l e S ' ~ T h e Court may make rules, consistent with (aJ *tu£^ i ,S?S^ SSSSg*when the property °< 8 ward is **-
(b) prescribing what reports shall be made from time to mm by Collectors on the condition of the WSXd and his p rope r ty Y ^ouec io i .
(c) Presci-ibing the periods at wbtih and the mode in which accounts shad In w h l t ^ U u S r S a r p e ^ S S 8 - * * » « * ana the mode
(d) "Sftff, p?oP^J ?^Sfta and titla **» **«** * ** f R ) " f h i f S t ; ^ W 8 B * M M l n * $ * * bm °mm of Col la tors unde* Of) generally for . 1 . . belt :;. .M .i,,:ont of the purposes of this *, £ The Court rn;,y from time h: frri • iter, add to or repeal such rules [No. W. 5/5/S2-JudI.II/UTL-:j4.]
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