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  "title": "THE PUNJAB COURT OF WARDS ACT, 1903",
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  "text": "``  \r\nPunjab Court of Wards \r\n1903: Act II \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Title, and extent   \r\n2. Repeal \r\n3. Definitions \r\nCHAPTER II \r\nThe Court of Wards and its jurisdiction \r\n4. Constitution of the Court of Wards and its jurisdiction \r\n5. Power of Government to make order, in certain cases , directing the \r\nCourt of Wards to assume superintendence of properties of land-holders \r\n6. Power of Court of Wards, of its own motion, to assume superintendence \r\n7. Court of Wards shall assume superintendence in cases in which an \r\norder is made under section 5 and may do so when Collector is \r\nappointed guardian under Act VIII of 1890 \r\n8. Properties of which there are more proprietors than one \r\n9. Notification of assumption of superintendence \r\n 10. Operation and finality of orders made under sections 6, 7 and 8 \r\nCHAPTER III \r\nInquiry and action preceding assumption of superintendence \r\n 11. Inquiry by Collector in order to satisfy himself as to whether action should \r\nbe taken under the Act \r\n 12. Procedure in inquiries \r\nCHAPTER IV \r\nWardship and its consequences \r\n 13. Vesting of property of ward in the Court of Wards \r\n 14. Non-liability of land vested in the Court of Wards to sale for arrears of \r\nrevenue \r\n 15. Disabilities of wards \r\n(II of 1903) \r\nTHE PUNJAB COURT OF WARDS ACT, 1903 \r\n \r\n 16. Continuing disabilities in certain cases \r\n 17. Power of the Court of Wards to act on behalf of wards and to deal with \r\ntheir properties \r\n 18. Deeds and other instruments \r\n 19. Notice of suits \r\n 20. Suits to be in name of Court of Wards \r\nCHAPTER V \r\nGeneral provisions as to the superintendence \r\nof the persons and properties of Wards  \r\n 21. Court of Wards assuming superintendence of the property to t ake \r\npossession thereof   \r\nProcedure as to property situate in other districts \r\n 22. Powers of Court of Wards as to superintendence and control  \r\nAudit of accounts and management of le gal affairs of wards and \r\nproperties \r\n 23. Power of Court of Wards to charge expenses agains t properties under \r\nits superintendence \r\n 24. Residence and education of wards \r\n 25. Allowance for ward and his family \r\nCHAPTER VI \r\nAscertainment and liquidation of \r\nliabilities of Wards  \r\n 26. Notice to claimants \r\n 27. Presentation of claims \r\n 28. Examination into, admission and rejection of claims \r\n 29. Bar of claims not duly notified \r\n 30. Exclusion of documents not produced \r\n 31. Decrees against wards or their properties and their execution \r\n 32. Saving of right to sue in certain cases \r\n 33. Appeal and revision \r\n 34. Government may confer the powers of Collector on any person \r\nCHAPTER VII \r\nGuardians and Managers  \r\n 35. Appointment, removal and control of guardians and tutors \r\n 36. No person who can succeed to ward to be appointed guardian \r\n 37. Duties and responsibilities of guardians \r\n 38. Appointment, control and removal of managers \r\n 39. Powers of managers \r\n 40. Duties and responsibilities of managers \r\n 41. Termination of appointment of guardian or manager \r\n 42. Guardians and managers to be deemed to be public servants and \r\nmanagers and certain guardians to be deemed to be public accountants \r\n 43. Collector when to discharge the duties of guardian or manager \r\nCHAPTER VIII \r\nRelease of persons and properties from superintendence  \r\n 44. Power to release from superintendence \r\n 45. Retention of superintendence of property until discharge of debts \r\n 46. Retention of superintendence where there are more proprietors than one \r\n 47. Appointment of guardian on release of minor \r\n 48. Disposal of property after the death of a person of whose property the \r\nCourt of Wards has assumed superintendence \r\n 49. Delivery of documents and accounts on release of property \r\n 50. Notifications as to release from superintendence \r\n 51. Recovery of expenses \r\nCHAPTER IX \r\nMiscellaneous provisions  \r\n 52. Bar of suits and proceedings \r\n 53. Investigations into matters under Chapters VI and VII to be c onsidered \r\njudicial proceedings \r\n 54. Power to make rules \r\nSCHEDULE \r\nEnactments Repealed\r\n \r\nTEXT \r\n1\r\nTHE PUNJAB COURT OF WARDS ACT, 1903 \r\n(II of 1903) \r\n[9 July 1903] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to the Court of Wards in the Punjab. \r\nWHEREAS it is expedient to consolidate and amend the law relating to the Court of \r\nWards in the Punjab; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1.  Title, and extent.– (1) This Act may be called the Punjab Court of Wards Act, 1903. \r\n  (2)  It extends to the whole of the Punjab. \r\n2.  Repeal.– (1) The enactments specified in the schedule are hereby repealed to the \r\nextent mentioned in the third column thereof. \r\n(2)  But all rules and appointments  made, notifications and orders issued, \r\nauthorities and powers conferred, farms and leases granted, rights acquired, liabilities \r\nincurred and other things done under any of those enactments shall, so far as may be, be \r\ndeemed to have been respectively made, issued, conferred, granted, acquired, incurred and \r\ndone under this Act. \r\n(3)  Any enactment or document referring to any of those enactments shall, so far \r\nas may be, be construed to refer to this Act or the corresponding portion thereof. \r\n2\r\n[3.  Definitions.– In this Act– \r\n(a) “immovable property” shall include land, benefits to arise out of land, and things \r\nattached to the earth or permanently fastened to anything which is attached to \r\nthe earth, but shall not include growing crops or grass; \r\n(b) “Board of Rev enue” means the Board of Revenue established under the \r\nPunjab Board of Revenue Act 1957 (XI of 1957); \r\n(c) “Collector” means the Collector of a District appointed under the Punjab Land \r\nRevenue Act, 1967 (XVII of 1967) and includes an officer authorized by t he \r\nGovernment to exercise the powers of the Collector; \r\n(d) “Commissioner” means a Commissioner of a Division appointed under the \r\nPunjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional \r\nCommissioner; \r\n                                                \r\n1This Act was published in the Government Gazette Punjab and its Dependencies, dated: 9 July 1903, pp. 69 -77. For \r\nStatement of Objects and Reasons,  see Punjab Gazet te, 1902, Part V, p. 114; for report of the Select Committee,  see \r\nibid.,1903, p. 21; for Proceedings in Council, see ibid., 1902, p. 128; ibid., 1903, p. 35. \r\n2Substituted by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), published in the Pu njab Gazette \r\n(Extraordinary), dated: 30 July 2012, pp. 403-404, s. 3.  \r\n(e) “Government” means Government of the Punjab; \r\n(f) “land-holder” shall mean a person who possesses any interest in land, whether \r\nas proprietor, assignee of the land-revenue, lessee of waste lands or otherwise; \r\n(g) “minor” shall mean a person who has not, within the meaning of the Majority \r\nAct 1875, attained his majority; and \r\n(h) “ward” shall mean any person in respect of whose person or the whole or any \r\npart of whose property or of whose person and property, the Court of Wards has \r\nassumed superintendence, but shall not include a joint proprietor  the \r\nsuperintendence of whose property has been assumed by the Court of Wards \r\nunder section 8.] \r\nCHAPTER II \r\nThe Court of Wards and its jurisdiction \r\n4.  Constitution of the Court of Wards and its jurisdiction.– \r\n1\r\n[(1) The \r\n2\r\n[Commissioner \r\nof the Division] withi n the limits of which any ward ordinarily resides, or any property of any \r\nward is situate, shall be the Court of Wards in respect of the person and the property of such \r\nward: \r\n  Provided that where any ward ordinarily resides, within the jurisdiction of  one  \r\n3\r\n[Commissioner]  and  his  property or any part thereof is situate within the jurisdiction of any \r\nother \r\n4\r\n[Commissioner], the Board of Revenue shall determine which \r\n5\r\n[Commissioner] shall be \r\nthe Court of Wards in respect of the person and the property of such ward.] \r\n(2)  The Court of Wards may exercise all or any of the powers conferred on it by \r\nthis Act either direct or through  \r\n6\r\n[* * * * *  *] the \r\n1\r\n[Collector] of the District within the limits of \r\n                                                \r\n1Substituted by the Punjab Court of Wards (West Pakistan Amendment) Ordinance, 1968 (III of 1968), published in the Gazette \r\nof West Pakistan (Extraordinary), dated: 1 May 1968, pp. 1793-1794, s. 2. \r\n2Substituted for the expression “Executive District Officer (Revenue) of the District” by the Punjab Laws (Amendment) Act 2011 \r\n(VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came in to force on \r\n20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. They were earlier \r\nsubstituted for the words “Commissioner of the Division” by the Punjab Court of Wards (Amendment) Ordinance, 2001  (XXVIII \r\nof 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance \r\nwas saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution \r\n(Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. \r\n267-316, s. 96.  \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword  “Commissioner”  by  the  Punjab  Court  of  Wards  (Amendment) Ordinance, 2001 (XXVIII of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was \r\nsaved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth \r\nAmendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. \r\n96. \r\n4Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of2001), published in the Punjab \r\nGazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of \r\nthe Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of \r\n2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n5Ibid. \r\n6The words “the Commissioner of the Division or” were omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, \r\n1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with \r\nthe Schedule III: it came into force on 14 October 1955. \r\nwhich any ward may at any time reside or any part of the pro perty of any ward may be \r\nsituate, or through any other person whom it may at any time, in respect of any ward or the \r\nwhole or any part of the property of any ward, appoint in that behalf. \r\n(3)  The Court of Wards may, with the sanction of the  \r\n2\r\n[Board of Rev enue], from \r\ntime to time, by general or special order, or by rule made under this Act, delegate any of its \r\npowers to any \r\n3\r\n[* *] \r\n4\r\n[Collector] or other person as aforesaid, and may at any time, with the \r\nlike sanction, revoke any such delegation. \r\n(4)  The powers and authority by this Act vested in the Court of Wards shall be \r\nexercised by it subject to the control of the \r\n5\r\n[Board of Revenue]. \r\n5.  Power of \r\n6\r\n[Government] to make order, in certain cases , directing the Court of \r\nWards to assume superintendence of properties of land-holders.– (1) Any land-holder may \r\napply to the \r\n7\r\n[Court of Wards] to make an order directing that his property be placed under the \r\nsuperintendence of the Court of Wards, and, upon receiving any such application, the \r\n8\r\n[Court of \r\nWards] may, if it considers it expedient in the public interest so to do, make an order accordingly. \r\n  (2)  When it appears to the \r\n9\r\n[Court of Wards] that any land-holder is– \r\n(a) by reason of being a female; or \r\n(b) owing to any physical or mental defect or infirmity; or \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955 . They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n3The words “Commissioner or” were omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it \r\ncame into force on 14 October 1955. \r\n4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it c ame into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary),  dated: 16  April  2011, p. 4081. It  was  earlier  substituted  for  the  \r\nwords “Deputy \r\nCommissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette \r\n(Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the \r\nConstitution of the Islamic Republic of Pakistan, as substituted by the Constitution  (Eighteenth Amendment) Act, 2010 (X of \r\n2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n5Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazet te of West \r\nPakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force on 14 October \r\n1955. The words “Provincial Government” were earlier substituted for the words “Local Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937 , published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n6Substituted for the words “Provincial Government” by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated: 30 July 2012, pp. 403 -404, s. 2. They were earlier substituted for the \r\nwords “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act,  1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955.  They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n8Ibid. \r\n9Ibid. \r\n(c) owing to his having been convicted of a non -bailable offence and to his \r\nvicious habits or bad character; or \r\n(d) owing to his having entered upon a course of wasteful extravagance likely to \r\ndissipate his property;  incapable of managing or unfitted to ma nage his \r\naffairs, the \r\n1\r\n[Court of Wards] may make an order directing that the property of \r\nsuch land-holder be placed under the superintendence of the Court of Wards: \r\n  Provided that such an order shall not be made on the ground stated in clause (c) or \r\non the ground stated in clause (d) unless such land -holder belongs to a family of political or \r\nsocial importance and the \r\n2\r\n[Court of Wards] is satisfied that it is desirable, on ground s of \r\npublic policy or general interest, to make such order. \r\n(3)  Every order m ade by the  \r\n3\r\n[Court of Wards] under sub -section (1) or sub -\r\nsection (2), shall be final and shall not be called in question in any Court of Law. \r\n6.  Power of Court of Wards, of its own motion, to assume superintendence .– \r\nWhen any land -holder is a minor or a person adjudged by a competent Court to be of \r\nunsound mind and incapable of managing his affairs, the Court of Wards may make an order \r\nassuming the superintendence of the property , or the person and property of such land -\r\nholder. \r\n7.  Court of Wards shall assume superintendence in cases in which an order is made \r\nunder section 5 and may do so when Collector  is appointed guardian under Act VIII of \r\n1890.– (1) When, in respect of any land-holder, an order is made by the \r\n4\r\n[Court of Wards] under \r\nsub-section (1) or  sub-section (2) of section 5, the Court of Wards shall assume the \r\nsuperintendence of the property of such land-holder, and, may in its discretion also assume the \r\nsuperintendence of his person. \r\n  (2)  When the \r\n5\r\n[Collector] is appointed or declared to be guardian of the person or \r\nproperty, or both, of a minor, under the provisions of section 18 of the Guardian and Wards \r\nAct, 1890\r\n6\r\n, he shall intimate the fact to the Court of Wards, and the Court of Wards may \r\nthereupon, in its discretion, either assume, or ref rain from assuming, the superintendence of \r\nthe person or property, or  both (as the case may be), of such minor, and the provisions of \r\nthis Act shall, if such superintendence be so assumed, apply to the person or property, or \r\nboth (as the case may be), of such minor. \r\n8.  Properties of which there are more proprietors than one.– When there are two or \r\nmore proprietors of any property and the shares of the several proprietors have not been \r\nseparated off, and the Court of Wards, acting under section 6 or sectio n 7, assumes the \r\nsuperintendents of the property of one or more, but not all, of such proprietors, the Court of \r\n                                                \r\n1Ibid. \r\n2Substituted for the words “Provinci al Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955 . They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Ibid. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), pu blished in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6India Act VIII of 1890. \r\nWards may assume the superintendence also of the shares of such joint -proprietor or joint-\r\nproprietors as is or are not disqualified, paying any such proprietor the surplus income \r\naccruing from his share of the property. The superintendence assumed under this section \r\nshall extend only to the management of the share of the joint-proprietor in such joint property \r\nand shall not as regards such share i nclude the power to sell or mortgage the same or any \r\npart thereof or to grant a lease thereof for a period exceeding 20 years or to create any \r\ncharge thereon or interest therein. \r\n9.  Notification of assumption of superintendence .– Whenever the Court of War ds, \r\nassumes the superintendence of the person or property   of any person under any  of the \r\nprovisions of this Act, the order of assumption shall be notified in the  1\r\n[Official Gazette], and \r\nshall specify the district the \r\n2\r\n[Collector] of which shall be put in charge on behalf of the Court \r\nof Wards. \r\n10.  Operation and finality of orders made under sections 6, 7 and 8 .– Every order \r\nmade by the Court of Wards assuming, under sections 6, 7 and 8, respectively, the \r\nsuperintendence of the person or property, or both , of any person shall take effect from the \r\ndate fixed in this behalf in the notification published under section 9, and shall be final and \r\nshall not be called in question in any Court of Law. \r\nCHAPTER III \r\nInquiry and action preceding assumption of superintendence \r\n11.  Inquiry  by  \r\n3\r\n[Collector]  in  order to satisfy himself as to action should be taken \r\nunder the Act .– (1) \r\n4\r\n[For the purpose of satisfying himself as to whether in respect of any \r\nland-holder the Court of Wards  should be moved to make an order und er section 5(2) or \r\nsection 6], or for the purpose of making any report which may be called for in connection with \r\nany application of a land-holder under sub-section (1) of section 5, the \r\n5\r\n[Collector] may make \r\nsuch inquiry into the circumstances of such lan d-holder as he may deem necessary, and, \r\npending the taking of any such action, may issue such orders for the temporary custody and \r\nprotection of the person or property, or both, of such land-holder, as he thinks fit. \r\n(2)  If the land -holder be a minor, the  \r\n6\r\n[Collector] may direct that the person, if \r\nany, then having the custody of the minor, shall produce him, or cause him to be produced, \r\n                                                \r\n1Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette \r\nof India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n3Ibid. \r\n4Substituted for the expressio n “For the purpose of satisfying himself as to whether, in respect of any land -holder,– (a) the \r\nProvincial Government should be moved to make an order under sub -section (2) of section 5, or (b) the Court of Wards should \r\nbe moved to make an order under sect ion 6” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it \r\ncame into force on 14 October 1955. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extra ordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6Ibid. \r\nat such place and time as the \r\n1\r\n[Collector] appoints, and may make such order for the future \r\ncustody of the minor, pending the orders of the Court of Wards, as he thinks proper. \r\n(3)  If the minor is a female who ought not to be compelled to appear in public, the \r\ndirection under sub-section (2) shall require her to be produced in accordance with the manners \r\nand customs of the country. \r\n(4)  If the land-holder is alleged to be or is of unsound mind, the  \r\n2\r\n[Collector] shall \r\nmake application to a competent Court in view to an inquiry being made by such Court for \r\nthe purpose of ascertaining whether such person is or is not of unsoun d mind and incapable \r\nof managing his affairs. \r\n12.  Procedure in inquiries.– (1) For the purposes of every inquiry to be made, or direction \r\nto be given, in pursuance of any of the provisions of this Act, the \r\n3\r\n[Collector] may exercise all or \r\nany of the powers of a Civil Court under the Code of Civil Procedure\r\n4\r\n. \r\n  (2)  For the purpose of protecting the property, or any part thereof, of any land -\r\nholder, pending an inquiry under sub-section (1) of section 11, the \r\n5\r\n[Collector] may, subject to \r\nthe direction and co ntrol of the Court of Wards, take possession thereof and appoint a \r\nmanager and such caretakers in respect thereto as he may deem fit. \r\nCHAPTER IV \r\nWardship and its consequences \r\n13.  Vesting of property of ward in the Court of Wards .– (1) Upon the publication of a \r\nnotification under section 9, in respect of the property of any person, the whole of such \r\nproperty, at the date of the notification, shall vest in the Court of Wards, and shall remain so \r\nvested until the Court of Wards shall, by notification under se ction 50, divest itself of the \r\nsuperintendence of the whole or any part thereof, or is otherwise divested of such \r\nsuperintendence in due course of law. \r\n(2)  All rights accruing to and property inherited by or vesting in any ward after the \r\npublication of a notification under section 9, and while the property of such ward is under the \r\nsuperintendence of the Court of Wards, shall vest in the Court of Wards: \r\n  Provided that the Court of Wards may, in its discretion , assume, or refrain from \r\nassuming, the superintendence of any property which any ward may acquire, otherwise than \r\nby inheritance, subsequent to the date of the notification published under section 9. \r\n14.  Non-liability of land vested in the Court of Wards to sale for arrears of \r\nrevenue.– No land under  the superintendence of the Court of Wards shall be sold for \r\narrears of revenue accruing while such land is under such superintendence. \r\n15.  Disabilities of wards.– No ward shall be competent– \r\n                                                \r\n1Ibid. \r\n2Ibid. \r\n3Ibid. \r\n4India Act XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908). \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 Apri l 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the sai d Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n(a) to transfer or create any charge on, or interest in, the wh ole or any part of his \r\nproperty which is under the superintendence of the Court of Wards, or to enter \r\ninto any contract which may involve him in pecuniary liability: \r\nProvided that nothing in this clause shall be deemed to affect the capacity of a ward \r\nto e nter into a contract of marriage : but he shall not incur, in connection therewith, any \r\npecuniary liability, except such as, having regard to the personal law to which he is subject, \r\nand to his rank and circumstances, the Court of Wards may, in writing, dec lare to be \r\nreasonable; \r\n(b) without the previous sanction, in writing, of the Court of Wards, (1) to adopt, \r\nor (2) to give permission to adopt, or (3) to dispose of any property by will. \r\n16.  Continuing disabilities in certain cases.– (1) When the property of any land-holder, in \r\nrespect of whom an order has been made under sub-section (1) or on the last ground stated in \r\nsub-section (2) of section 5, is released from the superintendence of the Court of Wards, such \r\nland-holder shall not be competent, without the previous sanction of the \r\n1\r\n[Board of Revenue], to \r\nalienate the whole or any part of the immovable property which has been so released, in any \r\nway, or to create any charge upon any such property extending beyond his life time, and every \r\ntransfer made to or attempted to be made, or charge created or attempted to be created, in \r\ncontravention of this provision, shall be void. \r\n  (2)  No suit shall be brought whereby to charge any person upon any promise \r\nmade after he has ceased to be a ward to pay any debt con tracted during the period when \r\nhe was a ward, or upon any ratification made after he has ceased to be a ward of any \r\npromise or contract made during the above period, whether there shall or shall not be any \r\nnew consideration for such promise or ratification. \r\n17.  Power of the Court of Wards to act on behalf of wards and to deal with their \r\nproperties.– (1) The Court of Wards may, at any time, mortgage or sell the whole or any part of \r\nthe property of a ward, and may grant leases or forms of the whole or any part of such property \r\nfor such terms as it thinks fit, and may make such remissions of rental or other arrears and may \r\ngenerally and from time to time pass all such orders and do all such acts, not inconsistent with \r\nthe provisions of this or any other enactment for the time being in force, as it may deem to be for \r\nthe advantage of the ward or the benefit of his property. \r\n  (2)  The Court of Wards may, for the purpose of raising a loan for the benefit of a \r\nward or his property, hypothecate, with the consent of  the \r\n2\r\n[Board of Revenue], any jagir, \r\nmuafi, pension or assignment of land revenue held by the ward. \r\n18.  Deeds and other instruments .– (1) All deeds, contracts or other instruments \r\nexecuted by the Court of Wards in the exercise of its powers of superintend ence under this \r\nAct, shall be executed by the Court of Wards in its own name. \r\n(2)  Covenants entered into by the Court of Wards shall be binding on the Court of \r\nWards only so long as the ward or the property affected by such covenants remains under its \r\nsuperintendence and only to the extent of such property; and such covenants shall be binding on \r\nthe ward or on the person entitled to such property after the ward or the property or both (as the \r\ncase may be) shall have been released from superintendence. \r\n(3)  This section shall also apply to all deeds, contracts and other instruments \r\nexecuted before the commencement of this Act. \r\n                                                \r\n1Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955.  They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, \r\nArticle 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n19.  Notice of suits .– No suit \r\n1\r\n[or decree] relating to the person of any ward or to any \r\nproperty under the superintendence of the Court of Wards shall be instituted \r\n2\r\n[or executed] in \r\nany Civil or Revenue Court until the expiration of two months after notice in writing has been \r\ndelivered to, or left at, the office of the  \r\n3\r\n[Collector] of the District specified in the order of \r\nassumption in the notification under section 9, stating the name and place of abode of the \r\nintending plaintiff, \r\n4\r\n[or decreeholder, as the case may be, and such other particulars as may \r\nbe prescribed by rules made under this Act] ; and the plaint  \r\n5\r\n[or application for e xecution] \r\nshall contain a statement that such notice has been so delivered or left: \r\n  Provided that notice under this section shall not be required in the case of any suit \r\nthe period of limitation for which will expire within three months from the date of the \r\nnotification under section 9. \r\n20.  Suits to be in name of Court of Wards .– (1) No suit (a) by or on behalf of a ward, \r\nor (b) affecting any property under the superintendence of the Court of Wards shall be \r\nbrought without the authority of the Court of Wards or of such officer as it may appoint in that \r\nbehalf, and in every such suit brought with such authority the Court of Wards shall be named \r\nas plaintiff. \r\n  (2)  In every suit against a ward or affecting property under the superintendence \r\nof Court of Wards the Court of Wards shall be named as the defendant. \r\n(3)  Suits brought by or against any Court of Wards may be instituted and \r\nconducted or defended on behalf of the Court of Wards by the  \r\n6\r\n[Collector] of the District \r\nspecified in the order of assumption in the notification under section 9, or by the manager or \r\nother person authorised, by general or special order or rule made under this Act, in that \r\nbehalf, by the Court of Wards. \r\nCHAPTER V \r\nGeneral provisions as to the superintendence  \r\nof the persons and properties of Wards \r\n21.  Court of Wards assuming superintendence of the property to take possession \r\nthereof. Procedure as to property situate in other districts.– As soon as conveniently may \r\nbe after the assumption, by the Court of Wards, of the superintendence of the property of any \r\nperson, the \r\n7\r\n[Collector] of every district within which any part of such property may be situated, \r\n                                                \r\n1Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), \r\ndated: 18 April 1944, p. 875, s. 2. \r\n2Ibid. \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordin ary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n4Substituted for the expression “the cause of action, and the relief which he claims” by the Punjab Court of Wards (Amendment) \r\nAct, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 2. \r\n5Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), \r\ndated: 18 April 1944, p. 875, s. 2. \r\n6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 200 1, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n7Ibid. \r\nor some person authorised, in writing, by him in this behalf, shall take possession of all such \r\nproperty and all accounts and pape rs relating thereto, and shall do all other acts and things \r\nwhich may be necessary to secure and protect the same and place it under proper custody and \r\ncontrol. \r\n22.  Powers of Court of Wards as to superintendence and control. Audit of \r\naccounts and manageme nt of legal affairs of wards and properties .– The Court of \r\nWards may from time to time direct such provision as it may think fit to be made in respect of \r\nthe– \r\n(1)  superintendence and supervision of the persons of the wards and properties \r\nunder its superintendence; \r\n(2)  periodical or special audit, by an independent auditor, of the accounts of \r\nproperties generally, or of any particular property, as it may think fit; \r\n(3)  management of the legal affairs of properties generally, or of any particular \r\nproperty, as it may think fit. \r\n23.  Power of Court of Wards to charge expenses against properties under its \r\nsuperintendence.– The Court of Wards may from time to time regulate the expenses to be \r\nincurred in the supervision, care and management of the wards and prop erties under its \r\nsuperintendence, and generally in carrying out all or any of the purposes of this Act, and \r\nmay order that such expenses, or any of them, including all salaries, gratuities and leave \r\nallowances of establishments and all contingent and other  expenses whatsoever which it \r\nshall consider requisite, be charged against such property generally, or against any one or \r\nmore properties comprised in such property for the purposes of which such establishments \r\nare, or have been, entertained or such expenses have been incurred. \r\n24.  Residence and education of wards .– (1) The Court of Wards may pass such \r\norders as it thinks fit in respect of the residence of any ward whose person is for the time \r\nbeing under its superintendence, and, when he is a male minor, in respect of his education. \r\n(2)  The Court of Wards may from time to time require any such male minor ward \r\nto attend such tutor, class, school or college, for the purposes of education, as it thinks fit. \r\n25.  Allowance for ward and his family.– (1) The Court of Wards may from time to time \r\ndetermine what sums shall be allowed in respect of the expenses of any ward  and of his \r\nfamily and dependents. \r\n(2)  The Court of Wards may from time to time determine what sums may be \r\nspent on the education of any minor wa rd whose person is for the time being under its \r\nsuperintendence. \r\nCHAPTER VI \r\nAscertainment and liquidation of \r\nliabilities of Wards \r\n26.  Notice to claimants.– (1) On the publication of a notification   under section 9, the  \r\n1\r\n[Collector] of the District specified in the order of assumption or any other  \r\n2\r\n[Collector] whom \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinanc e, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitu tion (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\nthe Court of Wards may appoint in that behalf, shall publish in the \r\n1\r\n[Official Gazette] a notice in \r\nboth the English and the Urdu languages, calling upon all persons having claims against the \r\nward or against the property under the superintendence of the Court of Wards to notify the \r\nsame in writing to such  \r\n2\r\n[Collector] within six months from the date of the publication of the \r\nnotice. \r\n(2)  The notice may also be published at such places and in such other manner \r\nas the Court of Wards may, by general or special order, direct or by rule, made under this \r\nAct, prescribe. \r\n(3)  The \r\n3\r\n[Collector] may, if he is satisfied that any claimant had reasonable \r\nexcuse for not submitting his statement of claim within s ix months, receive his claim at any \r\ntime after the expiry of the period aforesaid, but any claim so received shall, unless the  \r\n4\r\n[Collector] otherwise directs and notwithstanding any law, contract, decree or award to the \r\ncontrary, cease to carry interest from the date of the expiry of the period aforesaid. \r\n27.  Presentation of claims .– (1) Every claimant shall, together with his statement of \r\nclaim, present full particulars thereof. \r\n(2)  Every document (including entries in books of account) on which the clai mant \r\nfound his claim, or on which he relies in support thereof, shall be produced before the  \r\n5\r\n[Collector] with the statement of claim. \r\n(3)  Every such document shall be accompanied by a true copy of the same. The  \r\n6\r\n[Collector], or such officer as he may appoint in that behalf, shall mark the original document \r\nfor the purpose of identification, and, after examining and comparing the copy with it, shall \r\nretain the copy and return the original to the claimant. \r\n28.  Examination into, admission and rejection of c laims.– (1) The \r\n7\r\n[Collector] shall, \r\nafter such inquiry as he may consider necessary, decide, as to each claim made against any \r\nward of property, in manner in section 26 and section 27 provided, whether such claim is, \r\neither in whole or in part , to be admit ted or disallowed , and shall intimate, in writing, his \r\ndecision in respect of each such claim to the claimant thereof. If such liabilities cannot be paid \r\nat once, the decision shall fix the interest (if any) to be paid thereon from the date of such \r\ndecision to the date of the payment and discharge of such claim. \r\n29.  Bar of claims not duly notified .– Every debt or liability (other than debts due to, or \r\nliabilities incurred in favour of,  \r\n8\r\n[Government]) to which any ward is subject, or with which \r\n                                                \r\n1Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette \r\nof India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for  the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7Ibid. \r\n8Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849,  s. 2 read with the Schedule: it came into force on 8 June 1962 . \r\nThe word “Crown” was earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth \r\nSchedule. \r\nany property  under the superintendence of the Court of Wards or any part thereof is \r\ncharged, and which is not duly notified to the said  \r\n1\r\n[Collector] within the time and in  the \r\nmanner hereinbefore prescribed, shall, subject to the provisions of section 7 and section 13  \r\nof the \r\n2\r\nIndian Limitation Act, 1877, be deemed for all purposes and on all occasions, whether \r\nduring the continuance of the superintendence of the Court of Wards or afterwards, to have \r\nbeen duly discharged: \r\n  Provided that the provisions of this section s hall not be deemed to extinguish any \r\nsuch debt or liability in any case in which the Court of Wards, after assuming the \r\nsuperintendence of such property, releases the same from such superintendence without \r\nascertaining and dealing with the liabilities ther eof as in this chapter provided in that behalf, \r\nand that, in any such case, in computing the period of limitation applicable to any suit or \r\napplication for the recovery of any such debt or the enforcement of any such liability, the \r\ntime from the date of th e notification of claim under section 26, to the date of the release of \r\nthe property from the superintendence of the Court of Wards, shall be excluded. \r\n30.  Exclusion of documents not produced .– If any document in the possession or \r\nunder the control of the  claimant is not produced by him as required by section 27, such \r\ndocument shall not be admissible in evidence in any suit or proceeding thereafter brought \r\nagainst a ward or as affecting any property under the superintendence of the Court of Wards \r\nby the claimant, or by any person claiming under him. \r\n31.  Decrees against wards or their properties and their execution .– (1) Nothing \r\ncontained in this chapter shall be deemed to empower the  \r\n3\r\n[Collector]  to disallow any claim, \r\nnotified under section 26, which is based upon a decree passed by any competent Court, \r\nand any such decree may be proved by the production of a certified copy of the same \r\naccompanied by a certificate from the proper Court that such decree remains unsatisfied. \r\n(2)  On the publication of a not ice under section 26, all suits and all proceedings \r\nin execution of any decree against a ward or as affecting any property under the \r\nsuperintendence of the Court of Wards then pending in any Civil Court shall be stayed  \r\n4\r\n[* * * \r\n* * * * * * * * * * * * * * * ]. \r\n5\r\n[(3)  No such suit or proceedings shall be continued or revived in any such Court \r\nuntil the expiration of six months from the date of the publication of the notice under section \r\n26, and until the expiration of two months after notice in writing has be en delivered to, or left \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for th e \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Ga zette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2India Act XV of 1877. Now the Limitation Act, 1908 (IX of 1908). \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act , 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was e arlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved und er Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n4The expression “until the plaintiff or the decree holder files the certificate that the claim has been notified in accordance wit h \r\nsection 26” was omitted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette \r\n(Extraordinary), dated: 18 April 1944, p. 875, s. 3. \r\n5Substituted ibid.  \r\nat, the office of the \r\n1\r\n[Collector] of the district specified in the order of assumption in the \r\nnotification under section 9 , stating the name and place of abode of the plaintiff or decree -\r\nholder, as the case may be, and such other particulars in respect of the suit or decree as \r\nmay be prescribed by rules made under this Act ; and every application for the continuance \r\nor revival of the suit or proceedings and every application  for the institution of fresh \r\nproceedings in execution of such decree shall contain a statement that the provisions of this \r\nsubsection have been complied with.] \r\n32.  Saving of right to sue in certain cases.– (1) Subject to the provisions of section 19 \r\nand section 31 , nothing in this chapter shall be construed as p reventing any claimant from \r\nbringing or prosecuting any suit  \r\n2\r\n[or executing any decree] , in any competent Court, in \r\nrespect of any claim which has been duly notified, within the time and in the manner \r\nhereinbefore prescribed, to the \r\n3\r\n[Collector], and which has, whether in whole or in part, been \r\ndisallowed by him, \r\n4\r\n[Provided that no suit or proceedings in execution of any decree shall at any time be \r\nbrought or be maintainable– \r\n(a) in respect of any claim which has not been so notified; or \r\n(b) to set aside or  modify the order (if any) of a  \r\n5\r\n[Collector] fixing a date for the \r\npayment of such claim or regulating the order in which claims against the \r\nward or properties under the superintendence of the Court of Wards shall be \r\npaid.] \r\n(2)  In computing any period of limitation prescribed by the  \r\n6\r\nIndian Limitation Act, \r\n1877, or section 230 of the Civil Procedure Code\r\n7\r\n, every period during which proceedings \r\nhave been stayed or temporarily barred by reasons of the provisions of this section or of \r\nsection 31 shall be excluded. \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Ga zette (Extraordinary), \r\ndated: 18 April 1944, p. 875, s. 4. \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordina nce, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Consti tution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n4Substituted for the expression “but no suit shall at any time be brought or be maintainable in respect of any claim which has \r\nnot been so notified or to set aside or modify the order of a Deputy Commissioner (if any) fixing a date for the payment of s uch \r\nclaim or regulating the order on which claims against the ward or properties under the superintendence of t he Court of Wards \r\nshall be paid.” by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette \r\n(Extraordinary), dated: 18 April 1944, p. 875, s. 4. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6XV of 1877. Now the Limitation Act, 1908 (IX of 1908). \r\n7XIV of 1882. \r\n33.  Appeal and revision.– No appeal shall lie from any decision given  or  order  made  \r\nby  a \r\n1\r\n[Collector]  under  this chapter, but nothing in this section shall be deemed in any way \r\nto limit or interfere with the power of the Court of Wards to revise any such decision or order. \r\n34.  \r\n2\r\n[Government] may confer the powers of \r\n3\r\n[Collector] on any person .– For the \r\npurposes of this chapter, the \r\n4\r\n[Board of Revenue] may, at any time or at any stage of any \r\nproceedings thereunder, invest any person with all or any of the powers of a \r\n5\r\n[Collector]. \r\nCHAPTER VII \r\nGuardians and Managers \r\n35.  Appointment, removal and control of guardians and tutors .– (1) The Court of \r\nWards may from time to time appoint guardians for the care of the persons of such wards as \r\nare minors or of unsound mind, or are suffering from any physical or mental defect or infirmity, \r\nor are females and unmarried, and may control and remove such guardians and no \r\nappointment of a guardian for any ward shall be valid unless and until it has been confirmed by \r\nthe Court of Wards. \r\n(2)  In appointing a guardian under this section, the Court of Wards shall be \r\nguided, as far as may be, by the provisions of section 17 of the Guardian and Wards Act, \r\n1890\r\n6\r\n, and if a ward leaves or is removed from the custody of a guardian appointed under \r\nthis section, the \r\n7\r\n[Collector] of the District specified in the notification issued under section 9 \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dat ed: 14 April 2011, pp. 4043 -4047, s. 7: it came into  force on 20 April 2011,  vide \r\nnotification  published  in  the  Punjab Gazette  \r\n(Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punj ab \r\nCourt of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 \r\nOctober 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic \r\nRepublic of Pa kistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Substituted for the word “Provincial Government” by the Punjab Court of Wards (Amendment) Act, 2012 ( XLIV of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated: 30 July 2012, pp. 403 -404, s. 2. They were earlier substituted for the \r\nwords “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Substituted for the words “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011 ), published in \r\nthe Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted  for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n4Substituted for the wo rds “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14  October 1955. They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n5Substituted for the words “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in \r\nthe Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), publishe d in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6VIII of 1890. \r\n7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\nmay exercise the powers conferred by section 25 of the said Act on a Court as defined in \r\nthat Act. \r\n(3)  The Court of Wards may appoint any person to be the tutor of any minor male \r\nward and may control and remove such tutor. Every tutor so appointed shall discharge such \r\nduties and regulate his conduct in such manner as the Court of Wards may from time to time \r\ndirect. \r\n36.  No person who can succeed to ward to be appointed guardian.– No person who \r\nwould be the next legal heir of a ward, or would otherwise be immediately interested in \r\noutliving a ward, shall be appointed to be his guardian; but nothing in this section shall apply \r\nto the mother of a ward or to a testamentary guardian. \r\n37.  Duties and responsibilities of guardians.– A guardian appointed under this chapter \r\nshall be charged with the custody of the ward, and shall, subject to the supervision and direction \r\nof the Court of Wards, and the rules (if any) made, under this Act, in that behalf, make suitable \r\nprovision for his maintenance, health and, if he be a minor, his education and such other matters \r\nas the personal law to which the ward is subject, requires and shall– \r\n(a) give such  security, if any, as the Court of Wards thinks fit for the due \r\nperformance of his duty; \r\n(b) submit such accounts as the Court of Wards may direct; \r\n(c) pay the balances due from him thereon; \r\n(d) continue liable to account to the Court of Wards, after he ha s ceased to be \r\nguardian, for his receipts and disbursements during the period of his \r\nguardianship; \r\n(e) apply for the sanction of the Court of Wards to any act which may involve \r\nexpense not previously sanctioned by it; and \r\n(f) be entitled to such salary or allowance, to be paid out of the proceeds of the \r\nproperty of the ward , as the Court of Wards thinks fit, in respect of the \r\nexecution of his duties as such. \r\n38.  Appointment, control and removal of managers .– The Court of Wards may \r\nappoint one or more managers for any properties under its superintendence and may control \r\nand remove such managers. \r\n39.  Powers of managers.– A manager appointed by the Court of Wards shall, subject to \r\nthe supervision and direction of the Court of Wards, and the rules (if any) mad e, under this \r\nAct, in that behalf, have power to collect the rents of the lands placed under his charge as \r\nwell as all other money due to the ward or person whose property he manages, and to grant \r\nreceipts therefor; and he may, subject to the same supervis ion, direction and rules (if any), \r\ngrant and renew leases and farms, and do all such lawful acts as he may be generally or \r\nspecially authorised by the Court of Wards to do for the good management of the property. \r\n40.  Duties and responsibilities of manager s.– Every manager appointed by the Court \r\nof Wards shall, subject to the supervision and direction of the Court of Wards, and to the \r\nrules (if any) made, under this Act, in that behalf, manage the property or properties placed \r\nunder his charge diligently and faithfully, and he shall– \r\n(a) give such security, if any, as the Court of Wards thinks fit, duly to account for \r\nwhat he may receive in respect of the rents and profits and other income of the \r\nproperty under his charge; \r\n(b) keep accounts in such form and submit them at such times as the Court of \r\nWards may direct; \r\n(c) deal with all money received by him in such manner as the Court of Wards \r\nmay direct; \r\n(d) apply for the sanction of the Court of Wards to any act which may involve the \r\nproperty in expense not previously sanctioned by it; \r\n(e) be entitled to such salary or allowance, to be paid out of the proceeds of such \r\nproperty, as the Court of Wards thinks fit, in respect of the execution of his \r\nduties; \r\n(f) be responsible for any loss occasioned to the propert y by his negligence or \r\nwilful default; and \r\n(g) continue liable to account to the Court of Wards after he has ceased to be \r\nmanager for his receipts and disbursements during the period of his \r\nmanagement. \r\n41.  Termination of appointment of guardian or manager .– The appointment of every \r\nguardian or manager appointed under this chapter, shall terminate on the Court of Wards \r\nceasing to exercise superintendence of the person or property in respect of whom or which \r\nsuch guardian or manager, as the case may be, has been appointed. \r\n42.  Guardians and managers to be deemed to be public servants and managers \r\nand certain guardians to be deemed to be public  accountants.– (1) Every guardian and \r\nmanager appointed under this chapter shall be deemed to be a ‘public servant’ w ithin the \r\nmeaning of section 21 of the \r\n1\r\n[Pakistan] Penal Code\r\n2\r\n and for the purposes of that Code. \r\n(2)  Every such manager shall be deemed to be a ‘public accountant’ within the \r\nmeaning of the Public Accountants Act, 1850\r\n3\r\n, and every such guardian shall be deemed to \r\nbe a ‘public accountant’ within the meaning and for the purposes of sections 3 to 5 of the \r\nPublic Accountants Act, 1850\r\n4\r\n. \r\n(3)  In the definition of ‘legal remuneration’ contained in section 161 of the  \r\n5\r\n[Pakistan] Penal Code , the word ‘Government’ shall, for the purposes of this section, be \r\ndeemed to include the Court of Wards. \r\n43.  \r\n6\r\n[Collector] when to discharge the duties of guardian or manager .– If no such \r\nguardian or manager is appointed by the Court of Wards, the  \r\n7\r\n[Collector]  of the District \r\nspecified in the order of assumption in the notification under section 9 or any other \r\n8\r\n[Collector] whom the Court of Wards may appoint in that behalf, shall be competent to do \r\nanything that might be lawfully done by a guardian of the person or a manager of  the \r\nproperty appointed under this chapter. \r\n                                                \r\n1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n2XLV of 1860.  \r\n3XII of 1850. \r\n4Ibid. \r\n5Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordin ary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n7Ibid. \r\n8Ibid. \r\nCHAPTER VIII \r\nRelease of persons and properties \r\nfrom superintendence \r\n44.  Power to release from superintendence .– The Court of Wards may, at any time, \r\nrelease any person or property, or both, from its superintendence: \r\n1\r\n[* *  *  *  *  *  *  *  *  *  *  *  *  * * * * * *] \r\nProvided, \r\n2\r\n[*], that persons or property under the charge of the Court of Wards in \r\naccordance with the provisions of sub -section (2) of section 7, shall not be released without \r\nthe concurrence of the Court whic h appointed or declared the  \r\n3\r\n[Collector] to be guardian of \r\nthe person or property, or both, of the person concerned, under the Guardians and Wards \r\nAct, 1890\r\n4\r\n. \r\n45.  Retention of superintendence of property until discharge of debts .– (1) \r\nWhenever a ward dies or ceases to be under any legal incapacity, and his property is, at the \r\ntime of his death or cessation of incapacity, still encumbered with debts and liabilities, the \r\nCourt of Wards may either release such property or, with the sanction of the  \r\n5\r\n[Board of \r\nRevenue], retain it or any part thereof under its superintendence until such debts and \r\nliabilities have been discharged. \r\n  (2)  In any case provided for in sub -section (1) the Court of Wards may together \r\nwith the property of any such ward also retain, unti l the said debts and liabilities have been \r\ndischarged, the property of which it has assumed the superintendence under section 8. \r\n46.  Retention of superintendence where there are more proprietors than one.– If, in the \r\ncase of any property, there are more proprietors than one, the Court of Wards may retain the \r\nwhole property under its superintendence if one or more of the proprietors remain Wards, \r\nalthough other or others may have ceased to be under any legal incapacity: \r\nProvided that in such cases a proprie tor who has ceased to be disqualified shall not, \r\nafter the cessation of such disqualification, be deemed to be ward for the purposes of this \r\nAct and the Court of Wards shall pay to such proprietor the surplus income accruing from his \r\nshare of the joint property. \r\n47.  Appointment of guardian on release of minor .– (1) When the Court of Wards \r\ndecides to release from its superintendence the person or property, or both, of any minor, it \r\nmay, before such release, by an order in writing, appoint any person to be t he guardian of \r\nthe person or property, or both, of such minor. \r\n                                                \r\n1The first proviso was omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force \r\non 14 October 1955. \r\n2The word “further” was omitted ibid. \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazett e (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic  Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n4VIII of 1890. \r\n5Substituted for the words “Provincial Go vernment” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955.  They were earlier substituted for the words “Local Government” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n(2)  Such appointment shall take effect from the date of such release. \r\n(3)  In appointing a guardian under this section the Court of Wards shall be \r\nguided by the provisions of section 17 of the  Guardian and Wards Act, 1890\r\n1\r\n, and in every \r\nsuch case the \r\n2\r\n[Collector] of the District specified in the order of assumption in the \r\nnotification under section 9 shall have the powers conferred upon a \r\n3\r\n[Collector] under section \r\n35 (2). \r\n(4)  Every such guardian shall have and be subject to the same rights, duties and \r\nliabilities as if he had been appointed under the Guardian and Wards Act, 1890. \r\n48.  Disposal of property after the death of a person of whose property the Court of \r\nWards has assumed superintende nce.– Whenever, in the event of the death of any \r\nperson of whose property the Court of Wards has assumed superintendence, the succession \r\nto his property, or any part thereof, is unclaimed or disputed, the Court of Wards may either \r\ndirect that the property,  or part thereof, be made over to any person entitled to or claiming \r\nthe same, or may institute a suit of inter-pleader against the several claimants, or may retain \r\nthe superintendence thereof until a claimant has, in due course of law, established his tit le \r\nthereto in a competent Court. \r\n49.  Delivery of documents and accounts on release of property .– Whenever the \r\nCourt of Wards releases the property of any person from its superintendence, it shall deliver \r\nto such person or if it has appointed a guardian un der sub-section (1) of section 47, to such \r\nguardian all documents of title and all papers and accounts (other than Government records) \r\nrelating to such property. \r\n50.  Notification as to release from superintendence .– Whenever the Court of Wards \r\nreleases any person or property from its superintendence, the fact of such release shall be \r\nnotified in the \r\n4\r\n[Official Gazette], and such release shall take effect from the date fixed in this \r\nbehalf in the notification. \r\n51.  Recovery of expenses.– Any expense incurred by the Court of Wards on account of \r\nany property under its superintendence may, after the release of such property, be \r\nrecovered as an arrear of land-revenue due in respect of such property or any part thereof. \r\nCHAPTER IX \r\nMiscellaneous provisions \r\n52.  Bar of suits and proceedings .– (1) No suit shall be brought in any Civil Court in \r\nrespect of the exercise of any discretion conferred by this Act. \r\n(2)  No suit shall be brought against any officer of Government or any guardian, \r\nmanager or servant appointed b y and discharging his duties under a Court of Wards for \r\nanything done by him in good faith under this Act. \r\n                                                \r\n1VIII of 1890. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 2 0 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), publis hed in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act,  \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n3Ibid. \r\n4Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette \r\nof India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n53.  Investigations into matters under Chapters VI and VII to be considered judicial \r\nproceedings.– Every investigation conducted by a  \r\n1\r\n[Collector] with reference to any claim \r\npreferred before him under Chapter VI or Chapter VII or to any matter connected with any \r\nsuch claim shall be taken to be a judicial proceeding within the meaning of the  \r\n2\r\n[Pakistan] \r\nPenal Code\r\n3\r\n. \r\n  4\r\n[54. Power to make rules.– (1) The Board of Revenue may, with the previous approval of \r\nthe Government, make rules for carrying out the purposes of the Act. \r\n(2)  Without prejudice to the generality of sub -section (1), the rules may regulate \r\nany of the following matters:– \r\n(a) management of a property under the superintendence of the Court of \r\nWards; \r\n(b) procedure to be observed and the powers to be exercised by any \r\nperson in any proceedings under the Act; and \r\n(c) any matter or thing required or permitted by the Act to be prescribed.] \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he \r\nwords “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article \r\n270AA of the Constitution of the Islamic R epublic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Substituted for the word “Indian” by the Punjab Laws (Ada ptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n3XLV of 1860. \r\n4Substituted by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), published in the Punjab Gazette \r\n(Extraordinary), dated: 30 July 2012, pp. 403-404, s. 4. \r\n \r\nSCHEDULE \r\nEnactments Repealed \r\n \r\nNumber and \r\nyear. \r\nTitle. Extent of repeal. \r\nXXVI of \r\n1854 \r\nEducation of male minors \r\nsubject to the \r\nsuperintendence of the \r\nCourt of Wards. \r\nThe whole so far as it \r\napplies to the Punjab. \r\nIV of 1872 The Punjab Laws Act, \r\n1872. \r\nSections 34 , 38,  \r\ninclusive. \r\nXII of 1887 Amendment of the Punjab \r\nLaws Act, 1872. \r\nSections 3 and 4.",
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