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Section 10

The Tamil Nadu Court of Wards Act, 1902State Act of Tamil Nadu · Act 1 of 1902

(1) Whenever rt Collector receives information Immediate that a proprietor of land situated in his division or $:ie,~e'~~ district has died, and he has reason to believe that the heirs.

heir of such proprietor is, or should be declared to be, disqualified under section 9,-

(a) he may take such steps and make such order as he thinks proper for the temporary custody and protection of the property which he has reason to believe to belong to the heir; and . (b) if the heir be a minor he may direct that the person, if any, having custody of the minor, shall produce him or muse him to be produced, at such place and time, and before such person, as he appoints, and may make such order for the temporary custody and protection of the minor as he thinks proper ;

(c) female minors who ought not to be compelled to appear in public shall be produced in accordance with the manners and the customs of the country.

(2) If the Collector taking action under sub-section (1) is not the District Collector, he shall report the matter forthwith to the District Collector, who ahall decide whether to direct the Collector to withdraw, or himself to report the matter to the Court as provided in section 12.

11. All expenses incurred by a Collector, acting Rocovery of under section 10, shall, whether the property is after- exPonditu'owards taken under the superintendence of the Court or not, form a charge upon the property concerned, and shall be recoverable from the owner of such property, or the person whom the Collector shall find to be in possession of such property, as an arreer of landrevenue.

-." 1 1 The words "Provinoid Government" were substituted for the words " L o d ~overnment" by the Adaptation Order of 1937 and the word "State" wee substituted for "Pr~vinoial" by the Adaptation Order of 1960.

Court of Wards [I902 : T.N. Aot f Report by 12. Whenever any District Colleotor, after making Distriot Golleo- such inquiry as he deems necessary, has reason to tor. believe that any proprietor in his district is, or should be declared to be, disqualified under seotion 9, he shall submit a report to the Court setting forth all tho circumstances of the caso : Provided that in the case of proprietors of land on which the annual revenue payable to Government is less than Rs. 10,000 or ,of which the annual rent value as defined in the Madras ~ h , Local Boards Act, 1884l is less than Rs. 20,000, the Act V of District Collector need not report the case to the Court unless he is of opinion that the Cokxrt ought to assume the superintendence of the property : Provided also . that the Court or the ZCStuto Govornmont] may oall for a report on any cuso, if it thinks fit.

Proprietor to 13. (1) Before reporting to the Court under seotion be given 12 that a proprietor ought to be deolared to be disqualified under clause (b ) or (a) of sootion 9, the Distriot be heard and to Collector shall give notice to such proprietor and afford evidence. him a reasonable . opportunity to be heard and to adduce evidence.

(2) All questions as to whether the provisions of the section have been complied with shall be deoided finally by the 2[State Government].

Report by 14. The Court shall consider the Collector's report Court. and except in the case of female proprietors, not being ' minors, whom it decides to leave in charge of their property, shall report the oase to the [State Government] with its recommendation and pending the reoeipt of orders shall have power to take suoh steps as it mcvg deem necessary for the protection of the person and property of the proprietor in question.

State QOvern- 15. The ([State ~ovekment] on r6oeipt of the Court's ment recommendation, may in any oase falling under ~ l a ~ s e declore proprietor disquali- (b) or ( d ) of section 9 deolare the proprietor to be fied and direct 14 7 Court, to RSsulno 1 Sea now tho Ttx~nil Nadu District B o d s Act, 1920 (Tamil Nadu Q superinten- A O ~ XIV of 1920).

denoe. 8 2 The words ' 'Provincial Government" were substituted for the worde "Looal Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provinoial"by the Adapte. + tion* Order of 1960. - .t $902 : T.N. Act I] Court of M s disqualified, and in any case falling under section 9 may order the Court to assume the superintendence of the person or property of the proprietor or of both.

Proprietor no* 16. The '[State Government] shall not declare any to be deolared proprietor to be disqualified under clause (d) of section disqualified 9 unless satisfied that it is expedient in the public ~ ~ ~ ~ u n ~ ~ ~ ~ interests that his property should be managed by the ground Court, and statement to this effect shall be inserted in lit interests.

the declaration made by the l[State Government] as provided in section 10.

Where this provision sits

ActThe Tamil Nadu Court of Wards Act, 1902
Section10
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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