(1) The Court may, with the previous sanction under of the [State Government], a t any time within two ment under years from the date of the notification published *ction 18 when under section 19, release Gom its superintendence, clehts annot be liquidated on day to be notifie48 the property of a person who rithin has been made a ward of the Court in pursuanae "asonable tim- of an order under section 18 without liquidating m y of his debts and liabilities or &r liquidating some of the debts and liabilities, when, the Court is satisfied that it is impracticable to liquidate within a reasonable time all the debts and liabilities or such of them as have not been liquidated and in either case the legal incapsoity of such ward shall sew on the date so notified.
1 The words '6Pr~vincid Government" were substitutad for the words " L o ~ s l Government " by the Adeptstion Order of 1937 and the word " Stste " -was substituted for " Provincid " by the Adaptation Order of 1960.
2 Thb o l a w ww substituted for the 0r i r .1 olaum (d) by section 4 of, nnd the 8eoond Sobedule to, t e Tamil Nedu (Trfarred Territory) Externion of Lawa Aot, 1960 (Tamil Nsdu Aot 13 of 1960).
1902 : T.N. Act I] Court of Warde 601
(2) Whenever an inoumbrancer is diaposaessed under motion 43, and his debt remains unliquidated at the time the Court relews from its superintendenoe the property of suoh ward under sub-section (I), the Collector shall replace the incumbranoer in possession.
(3) Whenever the property of a person is released under sub-aection (1) from the superintendence of the Court, the provisions of aectiona 41 and 42 shall not apply to any of the debts and liabilities of the ward remaining unliquidated at the time when hia property is so released.
(4) In oomputing the period! of limitation applioable bo a suit brought or applioation made againa6 suoh person or his legal representative after the Court has r e 1 4 his property under sub-seotion (1) $he time during whioh the superintendence of the Comb continued shall be excluded.
58. The Court m y , with the previous wnotion z~," of the l[State Government], replaoe any proprietor ,,aer made a ward of the Court in pursuanoe of an order ment under under motion 18, in the management of his estate ~$2::~:::
on 8 day to be notified if the debts and liabilities propricbr.
binding on his estate have been disoharged, and the Court is satisfied bha t he will thereafter be oompeht to take charge of his estate and administer hie own affairs find hie legal incapacity shall cease on suoh date.
Option C.
57. When a ward dies or ceases to be disqualified retain superipbefore the debts and liabilities binding on his estate tendenco ~n have been disoharged, the Court may, with the previous certeh cares.
sanction .,f the 1 [State Government], retain the property under its superintendence until the debts and liabilities are discharged or for my shorter period, ancl when for the purpose of discharging suoh debts and liabilities tho Court has raised monej. on condition that it should retain the superintendence of the property until the money so raised is repaid, the Court shall - 1 The words I s Provincial Gqyernment " were substituted for the words Local Government by the Adaptation Order of 1937 and the wordUState " was substituted for " Provinoid" by the Adaptation Order of 1960.
602 Court of Wurds . [1902: T. N. Act I not without the coilsent of tlie lender or his represelltatives withdrew from superiiltendeilce until the money so raised has been repaid:
Provided that, after the death of the ward the Court shall not retain chargo on account of any debt or liability which has been declared by a civil court not to be binding on the representatives of the deceased ward.
Disabilities of pro,,riotor in 58. If the Court retains the superintendence under suoh oases. the provisions of the last preceding section, the person who has succeeded to theproperty, or the person who has ceased to be disqualified shall in so far as the property in question is concerned be deemed to be s ward of the Court for the purposes of cleuses (a) and (b) of '[sub-section (1) and sub-section (2) of section 341.
Appointmelit 59. (1) When the Court decides to release from its of guardian befor? r,.leaso, euperintendence the person and property of a minor it may, before such release, by cln order in writing, appoint any person to be the guardian of the person or property or both of such minor.
(2) Such appointments shall take effect from the date of such release.
(3) In appointing a guardian under this section, the CIciurt shall be guided by the provisions of section 17 of the Guardians a-lld Wards Act, 1890. . I S 4
(4) Every such guardian shall have and be subject Central Ac to the same rights, duties and liabilities as if he had 'Ir1 Of 18!
' been appointed under the Guardians and Wards Act, :
1800. j!
Recovery of 60. Any expense incurred by the Court on account of '*PemM any property under its charge, and not defrayed from release.
such property during the Court's superintendence may, after the release of such property, be recovered as if it were an arrear of land-revenue from any person into whose possession such property or any part thereof may have passed: - 1 The portion within squar: braokets was substituted for the word ctnd figures "section 34 by seotion 3 of the Madras Court of Wards (Amendment) Aot, 1933 (Madras Aot XVII or 1933).
C:ntral Act XX 1902 : T.N. Act I] Court of War& 603
Provided that the sum so recovered from any such person shall not be greater than the value of any such property, wliioh so passed into the possession of such .
person.
61. Whenever, on the death of any ward, the succes- Ploreclure \&en sion to his property or any part thereof is disputed, the ~ ~ ~ ; ~ ~ ~ , r t ;
Court may either direct that such property, or part i? disputed.
thereof, be made over to any person claiming the property, or may retain the superintendence of the property until a ola' has established his title to the gig 1 same in a cornpet! k ivi court, or institute a suit of inter-pleader against all the claimants.
62. Whenever the Court releases any person or ~ ~ ~ $ ; a t i O n f r o ~ property from its superintendence, the faof of such super.intcn.
release shall be notified in the '[Official Gazette] and dence.
also in the Gazette of the district in which such property or any part thereof is situate.
CHAPTER VIIT
63. If a ward is the .hereditary trustee or manager l?6wsra of court of a temple, mosque or other religious es tsblishment or ~ ; i g f ~ ~ ~ ~ " , d o ~ endowment, the Court, notwithstanding anything ,,,tS of which oontained iu section 22 of the Religious Endowmante ward is heredi- Act, 1863, may make such ~,rrangements t s i t thinks dry trustee or manegar.
fit for the discharge, during the wardship of the ward's duties as trustee or manager, provided that for the direct and personal management of the religious affairs of any such institution, establishment or endowment the Court shall appoint suitable persons other than 2[servants of the Government] and that the Court shall as far as possible restrict its superintendence to the preser~ation of the property belonging to the institution, establishment or endowmsn t.
----..I- 1These words were substituted for the words "Fort S:. George Gazette" by the Adeptation Order of 1937.
2 The words "servents of the Crown" were substituted fbr &a words "oBcers of Uovernment" by the Ada tetion Order of I987 m d the word '.Government" was wbNituteBf0r "Crown" by the Adaptation Order of 1980.
604 Court 9f Wclzls [1902: T.N. Act I Pow,r8 - 64. In holding any inquiry under this Act the - 0 8 h018S ColJector or other perBon authorized to hold such ~~u~IJ'&H. inquiry shall ham all the powers conferred on revenue officers by the lflamil Nadu] Revenue Summonses Act, '[Tamil
1869. Nedu] Ba of 180 PrOp*r under 05. NO immova&:s property under the auperinten- charge of Court not liable to dence of the Court s h l l be liable to sale on account of for arrears. arrears of land-revenue, accruing while such estate is under the superintendence of the Court:
Provided that all such arrears of revenue shall be the first charge upon the sale proceeds of any such property which may be sold for any other cause than for arrears of revenue.
Power to make 66. The Court may, with Ohe previous sanction of the rlller ' [State Government], m a k f ~ ~ u l e s consistent with this Am--.
(a) regulating the management of property under the superintendence of the Court; and (b ) generally for the guidance of all persons in all under this Act and for carrying out the provisions of this Act.
Application of [06-A. The powers and functions conferred on the ~ o t to estates of State Government by or under this Ac6 shall, in relation of Indian the estates of Rulers of Indian States, be powers and Itator.
functions of the Central Government.]
CHAPTER IX.
) ~ b ~ ~ ~ i ~ ~ un. 67. Whoever, without the previous consent of the mnot.ioned Court, abets the marriage of any of the persons specified msrrlage in clauses (a), (b ) and (c) of section 23 shall be liable, wards, eta.
on conviction before a Court of Session, to a fine not exceeding Rs. 2,000 or to imprisonment for a term not exceeding six months or to both.
1 Them words were substituted for the word 6'MexZree" by the T d Nedu Adaptation of Laws Order, 1969, es amended by the T d Nadu Adaptetion of Laws (Second Amendment) Order, 1969, whioh oeme into force on the 14th January 1969. 4 The words 61Provinoial Government" were substituted for the 1 words "Looel Government" by the Adaptation Order of 1937 m d the word "t3tateW was substituted for "Provinoiel" by the Adapts.
tion Order of 1950.
a This seotion waa inserted by the Adaptation (Ammbent) Order of 1950.