(1) No person being the next legal heir of a ward, i 3 or appearing to have a direct or indirect advantage in the death or continued disqualification of suoh ward, shall be appointed guardian of such ward:
Provided that the mother of a ward, or any peraon appointed guardian by the will of a person authorized to make suoh appointment may be appointed guardian by the Court a t ita discretion.
(2) A female guardian shall be appointed for a female ward, and a male guardim for a male ward above seven years of age, unless, in any am, the Court, for special reasons, shall direot otherwise :
: 1902' : .T.N. Act I] Court of Wards
Provided 'that no guarditin shall ordinarily ba 1 appointed for a female ward if she has an adult husband.
27. A guardian appointed under section 24 shall bo or charged with tho custody of the ward, and, subject to gusrdiarrg, the control of the Court, shall make suitable provision for his maintenance and health, and, if he be a minor, for his education, and for such other matters as are required by the personal law to which the ward is subject, and shall-
(a) give such socurity (if any), as the Court thinks fit, for the due porformmce of his duty;
(b) submit such accounts as the Court may direct ;
(c) pay the balmoes due from him thereon;
(a) continue liable to account to the Court after he has ceased to be guardian for his receipts and disbursements during the period of his guardianship;
(e) apply for the sanction of the Court to any aot which may involve expense, not previously sanctioned by the Court;
df ) be paid such allowance out of the property of the ward, as the Court thinks fit.
28. Every manager appointed by the Court shall powersof have power, subjoot to the control of the Court, to manager.
collect the rents of land placed under his charge, as well as all other money due to the ward, and to grant receipts therefor, and may under tihe ordors of the Court, grant or renew such leasesss may in his opinion be necessary for the good management of the property, and do all such lawful acts as he may be generally or speoially authorized by the Court to do for the good management of the property.
29. Every mollugor uppointod by tho C o ~ ~ r t sliall Dutio8 of manage the property placed under his charge diligently manager* and faithfully ancl shall-
(a) give such security, if any, as the Court thinks fit duly to acoount for what he may receive in respect of he rents and profits of the property under his charge;
Court of W a d . [lQOB : T.N. A d 1
(b) keep such accounts in such form and submit them at such times as the Courb may direot;
(c) deal with all moneya received by him in such manner as the Court may direct;
(d) apply for the sanction of the Court to any act whioh may involve the property in expense not previously sanotioned by the Court;
(e) be responsible for any loss oooasioned to the property by his negligenw or wilful defaulf;
i :
Cf) continue liable to account to the Court after he has oeased to be manager for hie rewipts and disbursements during the period of his malagership;
(g) be paid such allowance out of the property of the ward as the Court thinks fit.
Employees 30. Every guardian, manager, or other servmb of the of court Court, shall be deemed to be a "public eervant" within deemed to the meaning of aections 161, 162,163,164 and 166 of be servants. yublio the Indian Penal Code, and in the definition of legal EgV remuneration contained in the said section 161, the of Isso.
word "Government" shall for the purposes of this section, be deemed to include the Court.
Manager and 31. Every manager or other servant of the Court other entrusted with the receipt, oustody or control of moneys servants to or securities for money on behalf of the Court or with the !: eitj$o management of any property under its superintendence aooountants shall be deemed to be a public accountant within the F:$rg and amen- meaning of the Public Accountants' Default Act, 1860, .f lsao.
dable to lCTamil Nadul and shall be amenable to the provisions of the l[Tamil Tamil Rseulation Nadu] Revenue Malversation Regulation, 1822, as if Nadu IX of 1822. he were a a[ 1 servant of the ?fig Collector's public establishmentis.
1 These words were substituted for the word ''Msdnre" by the Tamil Nadu Adaptation of Laws Order, 1969, a8 amended by the 9 4 Nedu Adaptation of Laws (Seoond Amendment) Order, 1069, whioh w e into f-me on the 14th January 1969.
* Therood '* nw~ve" wan omittea by the Adaptation (Amendrat) Order of 1960. * 1902 I T.N. Aet I ] Court of War& 486
82. Unless the Court otherwise direots, all moneys Regulation 1 received by, or on behalf of, the Court on aocount of :fz:ydd f the property of any ward, shall be employed in meeting the ohmgee included in Qass I hereinafter specified before i t is employed in meeting the charges in Classes I1 and I11 hereinafter specified, and in meeting , the oharges in Clase 11, before it is employed in meeting those in ass 111. ..,..,g, ch8 1.
[l\l Charges n m for the maintenance, residence, eduoation, marriage and indispensable religious observances of the ward and his family.
Charges necessary for the management and supervision of the property of the ward.
Charges on account of Government revenue and of all oesses and other public demands due in respeot of suoh property, or any part of such property.
Class II.
Charges on account of rent, ceases or demands due ti o any superior landholder in respect of any land held on behalf of the ward.
The liquidation of debts payable by the ward.
Expenses necessary to protect the interests of the ward in the oivil courts or otherwise.
The maintenance in effioient condition of the estates, buildings and other immovable property and the suitable upkeep of the M t u r e , equipage, live-stock and other movable property belonging to the ward.
Class III.
The payment of suoh ohargea for the religious observances of the ward and hie family and of suoh religious, oharitable and other allowmoes, and of suoh donsbiona befitting the position of the ward's family, as the Courb may authorize to be paid:
4 36 Court of Ward8 \ [I902 : T.N. A d 1 The prcvention and relief of distress among the ward's tenantry.
The improvement of the land and property of the ward and the benefit of the ward and his property generally.
lurplus how 33. Any surplus which remains after providing, so , to be dealt far 85 the Court deems fit for the objects mentioned in with, section 32, shall be .applid in the purchase of other landed propcrty, or invostcd at interest on the security of-
(a) promissory notes, debentures, stock and other securities of tho l[Ccntral Government] ;
2 [ ( B ) bonds, dobenturcs and annuities charged by the Pwliaincnt of tho Unitcd Icingdom before the 15th day of August 1047, on thc revenues of India or of the Governor-Gcneral in Cou~lcil or of any Provinco ;I
(c) stock, or debentures of, or shares in, railways or other companies, the interest whereon has been guaranteed by the Secretary of State for India, in Council ; .
(d) debentures, or other securities for money, issued by, or on behalf of, any local authority under the authority of "any Central Act, any Provincial Act as defined in clause (46) of section 3 of the General Clauses Act, 1897, or '(any State Act)] ;
-- . -- - .- I These words wore substituted for the words "Government of .Ind~a" by tho Adaptation Order of 1937.
2 This clauso was substit~~tod by the Adaptation (Amendment) Order of 1950 for tho original clause as amended by the Adaptation Ordor of 1937.
3 Tho words, letters, figures and brackets " any Central Act, any Proviticial Aot as defined in clause (40) of scotion 3 of tllu General Clauses Act, 1897, or any Aot of tho Legislature of a Part A State or a Part C S tah" wero substituted for the words "any Act of a Legislature, established in British India " by the Adaq;
!tation (Amendment) Order of 1950 and tho wofds " any State Act were substituted for the words and letters " any Act of the Legie.
eture of a Part A State or a Part C State " by seotion 4 of, end the ~ h i r d Schedule to, the Tamil Nadu Repealing and A-dicg Aet, 1967 (TamilNadu Aot XXV o f 1957).
-. .--. .= 1902 : T.N. Act I] Court of Wards 4 87
(e) such other securities, stock, or shares guaranteed by the l[Central Government] or the =[State Government] as the Court shall deem fit ; or, , Cf) first mortgages of immovable property situab in SIIndia] provided thab the property is not a, leasehold for a term of years and that the value of the property exceeds by one-third or if consisting of buildings, exceeds by one half, the mortgage-money.
4 [84. (I)]. A ward shall not be competent- Disabilities of wards.
(a) to transfer or create any charge on, or interes* ' in, any part of his property which is under the superintendence of the Court, or to enter into any contract or to make any acknowledgment involving him in pecuniary liability personally or in respect of such property ; but nothing in this clause or in section 23 shbll be deemed to affect the capacity of a ward to enter into a contract of marriage : provided that he shall not incur in connection therewith any pecuniary liability, except such as, having regard to the personal law to which he is subjeat and to his rank and circumstances, the Court may, in writing, declare to be reasonable ;
- 1 These worde were substituted for the worda " Government of India " by the Adaptation Order of 1937.
a The worde '' Provinoial Q~vernment " were substituted for the words " Looal,.kvernment by the Adaptat5n Order of ,!937 and the word State " was substituted for Provincial by the Adaptation Order of 1960.
a The words and lettera " e Part A State or Part C State " were substituted for the words " British India by the A$ptation (Amendment) Order of 1960, and the word " India was substituted for these words by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil Nadu Act XXV of 1967).
In so far as this Act applies to the added territories, this word was substituted for the words, figures and letters "any part of India which, immediately before the 1st day of Np~ember 1968, was oomprised in a Part A State or a Part C State by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) $xteneion of Laws (No. 2) Act. 1961 (Tamil Nadu Act 39 of 1981).
'Seotion 34 wae renumbered tlsl sub.section (1) of section 84 by seotion 2 of the Madras Court of Warda (Amendment) Act,
1.933 (Madree Act XVU of 1933).
I Court of Ward8 [I902 : T.N. Act I
(b) i o grant valid receipts for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate ;
(c) to adopt or to give a written or verbal permission to adopt, without the consent of the Court ;
(d ) to dispose of his property by will without the oonsent of the Court :
Provided first, that the Court , shall not withhold its oonsent under clause (c) or (d) if the adoption or testamentary disposition is not oontrary to the personal or special law applioable to the ward, and does not appear likely t o muse pecuniary embarrassment to the property, or to lower the influenoo or respectability of the family in publio estimation :
Provided, secondly,that the Court may confirm a will or an adoption made, or a permission to adopt given, without its previous consent :
Provided thirdly, that the provisions of clauses (c) and (d ) shall not apply to any proprietor in regard to whose property a declaration has been made under seotion 18.
l[(2) No claim under aection 68 of the Indian &ntrel Contract Act, 1872, shall be enforceable against ~ c t xI ' the property of a ward which is under the superin- Of 18720 tendence of the Court ; but the Court rhay, in its diicretion, satisfy in whole or in part, any such olaim.]
Powers of Court as to
35. The Court may mortgage or sol1 the whole or Property under any part of any property under its superintendence its superin- and may give leases or farms of the whole or any tendence. part of such property for such terms as i t thinks fit, and may make remissions of rent or other dues, and may generally pans such orders and t16 such acts not inconsistent with the provisions of this or any other Act for the time being in force as i t may judge to be for the advantage of the ward or for the benefit of the property -7- L This sub-seotion was added by seotion 2 of the ~ s d r a e OoPrJ of Wudv (Amendment) Act, 1933 (M&ee Act XVII ~f 1935.
; 1902 : T.N. Aet I ] Court of Wards 489 i 36. The Court may order such establidhments to be ~stablishend employed and charges to be incurred as it shall consider GzfbUtiOn of requisite for the oare and management of the persons chergee.
and properties under its superintendence, and generally for all the purposes of this A d , and may order that such charges shall be borne by and distributed amongst the said properties in such proportions as it deems fit.
CHAPTER V.