(1) The l[State Government] shall not order the p,o,;sion to Court to take the property of 2[an undivided Hindu meet case of Family or a Marumakkattayrtm tarward under its undivided Hindu families superintendence unless all ' the oo-parceners or and 00-sharers.
the members of the tarward, as the case may be] are) or are declared to be, disqualSed under section 9. .
(2) When two or more proprietors are co-sharers otherwise than as co-parceners in an undivided Hindu family 8[or as members of a Marumakkattayam tarwad] and one of such co-sharers is,.or is declared to be, disqualified under section 9, the l[State Government] may order the Court to institute a suit for partition on behalf of the disqualified proprietor and to take under its superintendence the property allotted to such proprietor in the partition.
18. A proprietor may make application to the l[State Application by Government] to have his property placed under the rlpf?
superintendence of the Court, and the l[State Governmentlmay, on being satisfied that it is expedient in the - A--- 'The words' 'Provinoial &vemment" were substituted for the words "Locd Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptat ion Order of 1960.
s These words were aubatituted for the wods "an undivided Hindu Family under its superintendence unless all the oo-paroeners" by seotion 4 of, and the Seoond Sohedule to, the Tamil Nndu (Trans. .
femd Territory) Extension of Laws Act, 1960 (Tamil Nadu Aob 9 3 64 1960), whioh oame into for@ on the 1st April 1961 repealing the aofiegponding law in that territory.
8 'J'h'ese words were inserted by seation 4, ibid.
Court of Wards 11902 : T.N. Act I public interests that such property should be managed by the Courb, make a declaration to that effe'ot and order the Court to assume the superintendenoe of suoh property.
Notiacetion of 19. (1) Whenever under seotion 15 or 18 the eseumption of l[State Government] orders the Court to take under superinten- its superintendence the person or property of a propriedence. tor or both, such order of the l[State Government] together with any declaration made under the aforesaid sections, shall be notified in the a[Offioial Gazette] and also in the Gazette of the distriot in which suoh property .
or any portion thereof is situate. The notifioation shall specifiy the District Colleotor who shall disoharge the duties imposed upon a Colleotor by this Aot in respect of such person or property or both, as the case may be.
Cons equenoea (2) Such proprietor shall be deemed to have ' of suoh notid- beoome a ward under the Court, fiom the date of the oation. said order of the l[State Government] and the superintendence of his person or property or of both shall fake effeot from the said date,and as to property shall extend to all movable and immovable property belonging to him at the date of the order, or Co whioh he shall afterwards beoome in any way entitled whilst he oontinues under such superintendence :
Provided that i t shall be in the disoretion of the Court to assume or refiain from assumhg th? superintendonoe of any, property whioh the ward may eoquire otherwise than by inheritance subsequent to the date of the order of the l[State Government] under seotion 15 or 18.
CHAPTER IV.
MANAGEMENT AND GUARDIANSHIP.
Collector take 20. When the Court has assumed the superinward's pro- tendence of the property of a ward, the Distriot perty. Colleotor speoified in the notifimtion under section 19
1. The words "Provincial Government" were substituted for the words '*Local Ctovernment" by the Adaptation Order of 1987 and the word6~S*tel' was substituted for "Provinciel" by the Adeptstion Order of 1960.
These words were substituted for the worde "F'ort St. -8 Ba&i%" by the Adaptation Order of 1937.
1902 : T.N. Act IJ Court of Wards 481 or if so directed by the Court, the Collector of the Diebict in which m y part of the property is situated ahall fake possession and custody of such property on behalf of the Courb.
Powere of
21. It shall be lawful for such Collecttor- Oo~Ieotor in eo doing.
(a) to order any person in possession of any movable property to the possession of which the ward is entitled or of any accounts or papers relating to the property of such ward, to deliver up such movable property, accounts or papers;
(b) in case there is reason to believe that any movable property to the possession of which the ward is entitled or any accounts, or papers relating to the property of the ward are to be found in any room, box, or reoeptacle within any house in the actual possession of the ward, to break open such room, bnx or receptacle or authorize the same to be broken open for the purpom of searching for such property, accounts or papers ;
(c) to order any person who is or has been in the employ of the ward, and any person who was in the employ of the deceased proprietor, if any, from whom the ward derives his title, to attend before him for examination aad to defray the necessary expenses of any person so attending out of the assets of the estate;
(a) to order all holders of tenures and undertenures on the ward'a property to produce their titlea before him.
22. The Court may determine what sums shall be Allowmoes allowed for the expenses of the ward and of his family for ward end family.
and dependants.
23. The Courb m y make such orders and mange- cuetody, ments, as to it may seem fit, in respect of the custody, residenoe, residence, education and marriage- eduoetion I y q r i a g e
(a) of any ward whose person is for the time baing under ite euperinbndenoe, relatives 126-19-31 Court of mf~rdu . [I902 : T.N. Aet 1
(b) of any minor ehild, minor brother, OP minor sister of such ward, who, in the opinion of the Court, is entitled to maintenance a t the charge of the ward's estate,
(c) of the ward's next male heir being a minor and alao so entitled to maintenance.
Appoint- 24. (1) The Court may appoint managers for the ment, eto., of property, and guardians for the person, of any ward, and and may control or remove any manager or guardian guardians.
so appointed :
Provided that it shall not appoint a, guardianfor any person who has become a ward in pursuance of an order under section 18.
Collector to act if there is no manager or guardian.
Wb may end may uot Be guer.linne.
(2) Any appointment made under this section shall terminate when the Court ceases to exercise superintendence over the person for whom a guardian, or over property for which a manager, has been appointed. ,
25. If no manager of the property or guardian of the person of a ward is appointed by the Court, or the office is temporarily vacant, the District Collector specified in the notification under section 19, or any other Clelleotor whom the Court may appoint in this behalf, shall be competent, under the control of the Court, to do anything that might be done by suoh manager or guardian.
1 s