Skip to content
In forceACT NO. IX OF 1879 · 30th July, 1879

The Court of Wards Act, 1879

ওয়ার্ডস বোর্ড আইন, ১৮৭৯

♣ An Act to amend the law relating to the Court of Wards.

Contents

  1. PreamblePreamble

Part I PRELIMINARY

  1. Section 1Short title
  2. Section 2[Omitted]Repealed
  3. Section 3Interpretation
  4. Section 4[Omitted]Repealed

Part II CONSTITUTION, JURISDICTION AND POWERS OF THE COURT OF WARDS

  1. Section 5Constitution and general duties of Court of Wards
  2. Section 6Disqualified proprietors
  3. Section 7Jurisdiction of Court over disqualified proprietors
  4. Section 8Court when bound to give up charge
  5. Section 8ACharge of Court in case of acquisition under E. B. Act XXVIII of 1951
  6. Section 9Discretion of Court as to taking and keeping charge
  7. Section 9AEffect of withdrawal from charge
  8. Section 10Application by Civil Court to Court of Wards to take charge
  9. Section 10ANotice to creditors.
  10. Section 10BCreditors to furnish full particulars and documents
  11. Section 10CBar to certain proceedings
  12. Section 10CCSpecial limitation for suits against wards
  13. Section 10DAdjudication of claims
  14. Section 10E[Repealed]Repealed
  15. Section 11Procedure when any of the joint proprietors ceases to be disqualified or any person becomes entitled to property jointly with a disqualified proprietor
  16. Section 12Withdrawal from charge by Court
  17. Section 13Procedure when succession to property of ward disputed
  18. Section 13APower of Court to retain charge of property of disqualified proprietor until discharge of debt
  19. Section 14General powers of Court
  20. Section 15Exercise through others of powers conferred on Court
  21. Section 16Establishments and expenses
  22. Section 17[Repealed]Repealed
  23. Section 18Power to manage property
  24. Section 18ADelivery of possession of property and bar to interference by Civil Courts
  25. Section 19When Court may order property to be formed into separate estate
  26. Section 20Appointment of managers and guardians
  27. Section 21Custody, education and residence of wards
  28. Section 22Allowance for ward and his family

Part III PROTECTION FROM SALE OF CERTAIN ESTATES

  1. Section 23Clause 1- Estate under charge of Court exempt from sale
  2. Section 23AConditions under which estate may be sold for arrear of revenue accrued under Court
  3. Section 24Restriction on sale for arrears of revenue of estate belonging to minor
  4. Section 25Section 24 not to apply unless notice given
  5. Section 26Application of proceeds of estate farmed under section 24

Part IV ASCERTAINMENT OF DISQUALIFICATION

  1. Section 27Procedure for ascertaining and declaring disqualification
  2. Section 28Power to enforce provisions of Act without report
  3. Section 29Powers of Collector as to preservation of property on death of a proprietor whose heirs should be declared disqualified
  4. Section 30Production of minor proprietor, and order for his temporary custody
  5. Section 31Application to Civil Court in case of lunatics
  6. Section 32Application to Civil Court to make inquiry regarding disqualification on ground of physical defect or infirmity
  7. Section 33[Omitted]Repealed
  8. Section 34Powers and duties of Courts when inquiry is instituted under section 32
  9. Section 34ARecovery of expenses incurred by Collector under sections 31 to 33

Part V PROCEDURE AFTER ASCERTAINMENT OF DISQUALIFICATION

  1. Section 35Order declaring person or property to be under charge of Court
  2. Section 36Collector to take possession of movable property
  3. Section 37Additional powers of Collector

Part VI MANAGEMENT AND GUARDIANSHIP

  1. Section 38Collector when to be deemed manager
  2. Section 39Powers of manager
  3. Section 40General duties of manager
  4. Section 41Specific duties of manager
  5. Section 42General duties of guardian
  6. Section 43Specific duties of guardian
  7. Section 44Exclusion of certain interested persons from guardianship
  8. Section 45Who to be guardian of female ward
  9. Section 46Recovery of sums due to the Court
  10. Section 47Court may order guardian or manager to make over property
  11. Section 48Application of moneys received by the manager
  12. Section 49Disposal of surplus moneys
  13. Section 50Power to invest surplus

Part VII SUITS

  1. Section 51Manager or Collector to be next friend or guardian in suits by or against ward
  2. Section 52Power of Court of Wards to nominate another person to be next friend or guardian for suit
  3. Section 53Payment of costs
  4. Section 54Service of process against wards
  5. Section 55Suits not to be brought on behalf of wards unless authorized by the Court of Wards
  6. Section 55AIndemnity
  7. Section 56[Repealed]Repealed

Part VIII PENALTIES

  1. Section 57For disobeying certain orders of Collector
  2. Section 58For disobeying orders under section 47
  3. Section 58APenalty on farmer neglecting to furnish accounts, etc.
  4. Section 59For disobeying order of Court
  5. Section 59APersons employed by Court to be "public servants"

Part IX MISCELLANEOUS

  1. Section 60Disabilities of wards
  2. Section 60AExemption of wards' property from execution proceedings in certain cases
  3. Section 60BCertain persons to be deemed to be wards
  4. Section 61Adoption by ward invalid without consent of Government
  5. Section 62[Repealed]Repealed
  6. Section 63Recovery of interest on arrears of rent
  7. Section 64Record of reasons when penalty imposed under section 57 or 58
  8. Section 64APublication of notices
  9. Section 65Procedure when Court's jurisdiction ceases
  10. Section 65ARecovery of expenses after release of property
  11. Section 66Judicial powers of Collector in making inquiries
  12. Section 67Appeals
  13. Section 68Control by Court
  14. Section 69[Omitted]Repealed
  15. Section 70Power to Court to make rules