`` Punjab Court of Wards 1903: Act II CONTENTS CHAPTER I Preliminary 1. Title, and extent 2. Repeal 3. Definitions CHAPTER II The Court of Wards and its jurisdiction 4. Constitution of the Court of Wards and its jurisdiction 5. Power of Government to make order, in certain cases , directing the Court of Wards to assume superintendence of properties of land-holders 6. Power of Court of Wards, of its own motion, to assume superintendence 7. Court of Wards shall assume superintendence in cases in which an order is made under section 5 and may do so when Collector is appointed guardian under Act VIII of 1890 8. Properties of which there are more proprietors than one 9. Notification of assumption of superintendence 10. Operation and finality of orders made under sections 6, 7 and 8 CHAPTER III Inquiry and action preceding assumption of superintendence 11. Inquiry by Collector in order to satisfy himself as to whether action should be taken under the Act 12. Procedure in inquiries CHAPTER IV Wardship and its consequences 13. Vesting of property of ward in the Court of Wards 14. Non-liability of land vested in the Court of Wards to sale for arrears of revenue 15. Disabilities of wards (II of 1903) THE PUNJAB COURT OF WARDS ACT, 1903 16. Continuing disabilities in certain cases 17. Power of the Court of Wards to act on behalf of wards and to deal with their properties 18. Deeds and other instruments 19. Notice of suits 20. Suits to be in name of Court of Wards CHAPTER V General provisions as to the superintendence of the persons and properties of Wards 21. Court of Wards assuming superintendence of the property to t ake possession thereof Procedure as to property situate in other districts 22. Powers of Court of Wards as to superintendence and control Audit of accounts and management of le gal affairs of wards and properties 23. Power of Court of Wards to charge expenses agains t properties under its superintendence 24. Residence and education of wards 25. Allowance for ward and his family CHAPTER VI Ascertainment and liquidation of liabilities of Wards 26. Notice to claimants 27. Presentation of claims 28. Examination into, admission and rejection of claims 29. Bar of claims not duly notified 30. Exclusion of documents not produced 31. Decrees against wards or their properties and their execution 32. Saving of right to sue in certain cases 33. Appeal and revision 34. Government may confer the powers of Collector on any person CHAPTER VII Guardians and Managers 35. Appointment, removal and control of guardians and tutors 36. No person who can succeed to ward to be appointed guardian 37. Duties and responsibilities of guardians 38. Appointment, control and removal of managers 39. Powers of managers 40. Duties and responsibilities of managers 41. Termination of appointment of guardian or manager 42. Guardians and managers to be deemed to be public servants and managers and certain guardians to be deemed to be public accountants 43. Collector when to discharge the duties of guardian or manager CHAPTER VIII Release of persons and properties from superintendence 44. Power to release from superintendence 45. Retention of superintendence of property until discharge of debts 46. Retention of superintendence where there are more proprietors than one 47. Appointment of guardian on release of minor 48. Disposal of property after the death of a person of whose property the Court of Wards has assumed superintendence 49. Delivery of documents and accounts on release of property 50. Notifications as to release from superintendence 51. Recovery of expenses CHAPTER IX Miscellaneous provisions 52. Bar of suits and proceedings 53. Investigations into matters under Chapters VI and VII to be c onsidered judicial proceedings 54. Power to make rules SCHEDULE Enactments Repealed TEXT 1 THE PUNJAB COURT OF WARDS ACT, 1903 (II of 1903) [9 July 1903] An Act to consolidate and amend the law relating to the Court of Wards in the Punjab. WHEREAS it is expedient to consolidate and amend the law relating to the Court of Wards in the Punjab; It is hereby enacted as follows:– CHAPTER I Preliminary 1. Title, and extent.– (1) This Act may be called the Punjab Court of Wards Act, 1903. (2) It extends to the whole of the Punjab. 2. Repeal.– (1) The enactments specified in the schedule are hereby repealed to the extent mentioned in the third column thereof. (2) But all rules and appointments made, notifications and orders issued, authorities and powers conferred, farms and leases granted, rights acquired, liabilities incurred and other things done under any of those enactments shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, acquired, incurred and done under this Act. (3) Any enactment or document referring to any of those enactments shall, so far as may be, be construed to refer to this Act or the corresponding portion thereof. 2 [3. Definitions.– In this Act– (a) “immovable property” shall include land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but shall not include growing crops or grass; (b) “Board of Rev enue” means the Board of Revenue established under the Punjab Board of Revenue Act 1957 (XI of 1957); (c) “Collector” means the Collector of a District appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an officer authorized by t he Government to exercise the powers of the Collector; (d) “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner; 1This Act was published in the Government Gazette Punjab and its Dependencies, dated: 9 July 1903, pp. 69 -77. For Statement of Objects and Reasons, see Punjab Gazet te, 1902, Part V, p. 114; for report of the Select Committee, see ibid.,1903, p. 21; for Proceedings in Council, see ibid., 1902, p. 128; ibid., 1903, p. 35. 2Substituted by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), published in the Pu njab Gazette (Extraordinary), dated: 30 July 2012, pp. 403-404, s. 3. (e) “Government” means Government of the Punjab; (f) “land-holder” shall mean a person who possesses any interest in land, whether as proprietor, assignee of the land-revenue, lessee of waste lands or otherwise; (g) “minor” shall mean a person who has not, within the meaning of the Majority Act 1875, attained his majority; and (h) “ward” shall mean any person in respect of whose person or the whole or any part of whose property or of whose person and property, the Court of Wards has assumed superintendence, but shall not include a joint proprietor the superintendence of whose property has been assumed by the Court of Wards under section 8.] CHAPTER II The Court of Wards and its jurisdiction 4. Constitution of the Court of Wards and its jurisdiction.– 1 [(1) The 2 [Commissioner of the Division] withi n the limits of which any ward ordinarily resides, or any property of any ward is situate, shall be the Court of Wards in respect of the person and the property of such ward: Provided that where any ward ordinarily resides, within the jurisdiction of one 3 [Commissioner] and his property or any part thereof is situate within the jurisdiction of any other 4 [Commissioner], the Board of Revenue shall determine which 5 [Commissioner] shall be the Court of Wards in respect of the person and the property of such ward.] (2) The Court of Wards may exercise all or any of the powers conferred on it by this Act either direct or through 6 [* * * * * *] the 1 [Collector] of the District within the limits of 1Substituted by the Punjab Court of Wards (West Pakistan Amendment) Ordinance, 1968 (III of 1968), published in the Gazette of West Pakistan (Extraordinary), dated: 1 May 1968, pp. 1793-1794, s. 2. 2Substituted for the expression “Executive District Officer (Revenue) of the District” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came in to force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. They were earlier substituted for the words “Commissioner of the Division” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the word “Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. 96. 4Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the word “Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5Ibid. 6The words “the Commissioner of the Division or” were omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. which any ward may at any time reside or any part of the pro perty of any ward may be situate, or through any other person whom it may at any time, in respect of any ward or the whole or any part of the property of any ward, appoint in that behalf. (3) The Court of Wards may, with the sanction of the 2 [Board of Rev enue], from time to time, by general or special order, or by rule made under this Act, delegate any of its powers to any 3 [* *] 4 [Collector] or other person as aforesaid, and may at any time, with the like sanction, revoke any such delegation. (4) The powers and authority by this Act vested in the Court of Wards shall be exercised by it subject to the control of the 5 [Board of Revenue]. 5. Power of 6 [Government] to make order, in certain cases , directing the Court of Wards to assume superintendence of properties of land-holders.– (1) Any land-holder may apply to the 7 [Court of Wards] to make an order directing that his property be placed under the superintendence of the Court of Wards, and, upon receiving any such application, the 8 [Court of Wards] may, if it considers it expedient in the public interest so to do, make an order accordingly. (2) When it appears to the 9 [Court of Wards] that any land-holder is– (a) by reason of being a female; or (b) owing to any physical or mental defect or infirmity; or 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955 . They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. 3The words “Commissioner or” were omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force on 14 October 1955. 4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it c ame into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 2: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 5Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazet te of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force on 14 October 1955. The words “Provincial Government” were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 , published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. 6Substituted for the words “Provincial Government” by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), published in the Punjab Gazette (Extraordinary), dated: 30 July 2012, pp. 403 -404, s. 2. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 7Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. 8Ibid. 9Ibid. (c) owing to his having been convicted of a non -bailable offence and to his vicious habits or bad character; or (d) owing to his having entered upon a course of wasteful extravagance likely to dissipate his property; incapable of managing or unfitted to ma nage his affairs, the 1 [Court of Wards] may make an order directing that the property of such land-holder be placed under the superintendence of the Court of Wards: Provided that such an order shall not be made on the ground stated in clause (c) or on the ground stated in clause (d) unless such land -holder belongs to a family of political or social importance and the 2 [Court of Wards] is satisfied that it is desirable, on ground s of public policy or general interest, to make such order. (3) Every order m ade by the 3 [Court of Wards] under sub -section (1) or sub - section (2), shall be final and shall not be called in question in any Court of Law. 6. Power of Court of Wards, of its own motion, to assume superintendence .– When any land -holder is a minor or a person adjudged by a competent Court to be of unsound mind and incapable of managing his affairs, the Court of Wards may make an order assuming the superintendence of the property , or the person and property of such land - holder. 7. Court of Wards shall assume superintendence in cases in which an order is made under section 5 and may do so when Collector is appointed guardian under Act VIII of 1890.– (1) When, in respect of any land-holder, an order is made by the 4 [Court of Wards] under sub-section (1) or sub-section (2) of section 5, the Court of Wards shall assume the superintendence of the property of such land-holder, and, may in its discretion also assume the superintendence of his person. (2) When the 5 [Collector] is appointed or declared to be guardian of the person or property, or both, of a minor, under the provisions of section 18 of the Guardian and Wards Act, 1890 6 , he shall intimate the fact to the Court of Wards, and the Court of Wards may thereupon, in its discretion, either assume, or ref rain from assuming, the superintendence of the person or property, or both (as the case may be), of such minor, and the provisions of this Act shall, if such superintendence be so assumed, apply to the person or property, or both (as the case may be), of such minor. 8. Properties of which there are more proprietors than one.– When there are two or more proprietors of any property and the shares of the several proprietors have not been separated off, and the Court of Wards, acting under section 6 or sectio n 7, assumes the superintendents of the property of one or more, but not all, of such proprietors, the Court of 1Ibid. 2Substituted for the words “Provinci al Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955 . They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. 3Ibid. 4Ibid. 5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), pu blished in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 6India Act VIII of 1890. Wards may assume the superintendence also of the shares of such joint -proprietor or joint- proprietors as is or are not disqualified, paying any such proprietor the surplus income accruing from his share of the property. The superintendence assumed under this section shall extend only to the management of the share of the joint-proprietor in such joint property and shall not as regards such share i nclude the power to sell or mortgage the same or any part thereof or to grant a lease thereof for a period exceeding 20 years or to create any charge thereon or interest therein. 9. Notification of assumption of superintendence .– Whenever the Court of War ds, assumes the superintendence of the person or property of any person under any of the provisions of this Act, the order of assumption shall be notified in the 1 [Official Gazette], and shall specify the district the 2 [Collector] of which shall be put in charge on behalf of the Court of Wards. 10. Operation and finality of orders made under sections 6, 7 and 8 .– Every order made by the Court of Wards assuming, under sections 6, 7 and 8, respectively, the superintendence of the person or property, or both , of any person shall take effect from the date fixed in this behalf in the notification published under section 9, and shall be final and shall not be called in question in any Court of Law. CHAPTER III Inquiry and action preceding assumption of superintendence 11. Inquiry by 3 [Collector] in order to satisfy himself as to action should be taken under the Act .– (1) 4 [For the purpose of satisfying himself as to whether in respect of any land-holder the Court of Wards should be moved to make an order und er section 5(2) or section 6], or for the purpose of making any report which may be called for in connection with any application of a land-holder under sub-section (1) of section 5, the 5 [Collector] may make such inquiry into the circumstances of such lan d-holder as he may deem necessary, and, pending the taking of any such action, may issue such orders for the temporary custody and protection of the person or property, or both, of such land-holder, as he thinks fit. (2) If the land -holder be a minor, the 6 [Collector] may direct that the person, if any, then having the custody of the minor, shall produce him, or cause him to be produced, 1Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 3Ibid. 4Substituted for the expressio n “For the purpose of satisfying himself as to whether, in respect of any land -holder,– (a) the Provincial Government should be moved to make an order under sub -section (2) of section 5, or (b) the Court of Wards should be moved to make an order under sect ion 6” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force on 14 October 1955. 5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extra ordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 6Ibid. at such place and time as the 1 [Collector] appoints, and may make such order for the future custody of the minor, pending the orders of the Court of Wards, as he thinks proper. (3) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (2) shall require her to be produced in accordance with the manners and customs of the country. (4) If the land-holder is alleged to be or is of unsound mind, the 2 [Collector] shall make application to a competent Court in view to an inquiry being made by such Court for the purpose of ascertaining whether such person is or is not of unsoun d mind and incapable of managing his affairs. 12. Procedure in inquiries.– (1) For the purposes of every inquiry to be made, or direction to be given, in pursuance of any of the provisions of this Act, the 3 [Collector] may exercise all or any of the powers of a Civil Court under the Code of Civil Procedure 4 . (2) For the purpose of protecting the property, or any part thereof, of any land - holder, pending an inquiry under sub-section (1) of section 11, the 5 [Collector] may, subject to the direction and co ntrol of the Court of Wards, take possession thereof and appoint a manager and such caretakers in respect thereto as he may deem fit. CHAPTER IV Wardship and its consequences 13. Vesting of property of ward in the Court of Wards .– (1) Upon the publication of a notification under section 9, in respect of the property of any person, the whole of such property, at the date of the notification, shall vest in the Court of Wards, and shall remain so vested until the Court of Wards shall, by notification under se ction 50, divest itself of the superintendence of the whole or any part thereof, or is otherwise divested of such superintendence in due course of law. (2) All rights accruing to and property inherited by or vesting in any ward after the publication of a notification under section 9, and while the property of such ward is under the superintendence of the Court of Wards, shall vest in the Court of Wards: Provided that the Court of Wards may, in its discretion , assume, or refrain from assuming, the superintendence of any property which any ward may acquire, otherwise than by inheritance, subsequent to the date of the notification published under section 9. 14. Non-liability of land vested in the Court of Wards to sale for arrears of revenue.– No land under the superintendence of the Court of Wards shall be sold for arrears of revenue accruing while such land is under such superintendence. 15. Disabilities of wards.– No ward shall be competent– 1Ibid. 2Ibid. 3Ibid. 4India Act XIV of 1882. Now the Code of Civil Procedure, 1908 (V of 1908). 5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 Apri l 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the sai d Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. (a) to transfer or create any charge on, or interest in, the wh ole or any part of his property which is under the superintendence of the Court of Wards, or to enter into any contract which may involve him in pecuniary liability: Provided that nothing in this clause shall be deemed to affect the capacity of a ward to e nter into a contract of marriage : but he shall not incur, in connection therewith, any pecuniary liability, except such as, having regard to the personal law to which he is subject, and to his rank and circumstances, the Court of Wards may, in writing, dec lare to be reasonable; (b) without the previous sanction, in writing, of the Court of Wards, (1) to adopt, or (2) to give permission to adopt, or (3) to dispose of any property by will. 16. Continuing disabilities in certain cases.– (1) When the property of any land-holder, in respect of whom an order has been made under sub-section (1) or on the last ground stated in sub-section (2) of section 5, is released from the superintendence of the Court of Wards, such land-holder shall not be competent, without the previous sanction of the 1 [Board of Revenue], to alienate the whole or any part of the immovable property which has been so released, in any way, or to create any charge upon any such property extending beyond his life time, and every transfer made to or attempted to be made, or charge created or attempted to be created, in contravention of this provision, shall be void. (2) No suit shall be brought whereby to charge any person upon any promise made after he has ceased to be a ward to pay any debt con tracted during the period when he was a ward, or upon any ratification made after he has ceased to be a ward of any promise or contract made during the above period, whether there shall or shall not be any new consideration for such promise or ratification. 17. Power of the Court of Wards to act on behalf of wards and to deal with their properties.– (1) The Court of Wards may, at any time, mortgage or sell the whole or any part of the property of a ward, and may grant leases or forms of the whole or any part of such property for such terms as it thinks fit, and may make such remissions of rental or other arrears and may generally and from time to time pass all such orders and do all such acts, not inconsistent with the provisions of this or any other enactment for the time being in force, as it may deem to be for the advantage of the ward or the benefit of his property. (2) The Court of Wards may, for the purpose of raising a loan for the benefit of a ward or his property, hypothecate, with the consent of the 2 [Board of Revenue], any jagir, muafi, pension or assignment of land revenue held by the ward. 18. Deeds and other instruments .– (1) All deeds, contracts or other instruments executed by the Court of Wards in the exercise of its powers of superintend ence under this Act, shall be executed by the Court of Wards in its own name. (2) Covenants entered into by the Court of Wards shall be binding on the Court of Wards only so long as the ward or the property affected by such covenants remains under its superintendence and only to the extent of such property; and such covenants shall be binding on the ward or on the person entitled to such property after the ward or the property or both (as the case may be) shall have been released from superintendence. (3) This section shall also apply to all deeds, contracts and other instruments executed before the commencement of this Act. 1Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 2Ibid. 19. Notice of suits .– No suit 1 [or decree] relating to the person of any ward or to any property under the superintendence of the Court of Wards shall be instituted 2 [or executed] in any Civil or Revenue Court until the expiration of two months after notice in writing has been delivered to, or left at, the office of the 3 [Collector] of the District specified in the order of assumption in the notification under section 9, stating the name and place of abode of the intending plaintiff, 4 [or decreeholder, as the case may be, and such other particulars as may be prescribed by rules made under this Act] ; and the plaint 5 [or application for e xecution] shall contain a statement that such notice has been so delivered or left: Provided that notice under this section shall not be required in the case of any suit the period of limitation for which will expire within three months from the date of the notification under section 9. 20. Suits to be in name of Court of Wards .– (1) No suit (a) by or on behalf of a ward, or (b) affecting any property under the superintendence of the Court of Wards shall be brought without the authority of the Court of Wards or of such officer as it may appoint in that behalf, and in every such suit brought with such authority the Court of Wards shall be named as plaintiff. (2) In every suit against a ward or affecting property under the superintendence of Court of Wards the Court of Wards shall be named as the defendant. (3) Suits brought by or against any Court of Wards may be instituted and conducted or defended on behalf of the Court of Wards by the 6 [Collector] of the District specified in the order of assumption in the notification under section 9, or by the manager or other person authorised, by general or special order or rule made under this Act, in that behalf, by the Court of Wards. CHAPTER V General provisions as to the superintendence of the persons and properties of Wards 21. Court of Wards assuming superintendence of the property to take possession thereof. Procedure as to property situate in other districts.– As soon as conveniently may be after the assumption, by the Court of Wards, of the superintendence of the property of any person, the 7 [Collector] of every district within which any part of such property may be situated, 1Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 2. 2Ibid. 3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordin ary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4Substituted for the expression “the cause of action, and the relief which he claims” by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 2. 5Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 2. 6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 200 1, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Ibid. or some person authorised, in writing, by him in this behalf, shall take possession of all such property and all accounts and pape rs relating thereto, and shall do all other acts and things which may be necessary to secure and protect the same and place it under proper custody and control. 22. Powers of Court of Wards as to superintendence and control. Audit of accounts and manageme nt of legal affairs of wards and properties .– The Court of Wards may from time to time direct such provision as it may think fit to be made in respect of the– (1) superintendence and supervision of the persons of the wards and properties under its superintendence; (2) periodical or special audit, by an independent auditor, of the accounts of properties generally, or of any particular property, as it may think fit; (3) management of the legal affairs of properties generally, or of any particular property, as it may think fit. 23. Power of Court of Wards to charge expenses against properties under its superintendence.– The Court of Wards may from time to time regulate the expenses to be incurred in the supervision, care and management of the wards and prop erties under its superintendence, and generally in carrying out all or any of the purposes of this Act, and may order that such expenses, or any of them, including all salaries, gratuities and leave allowances of establishments and all contingent and other expenses whatsoever which it shall consider requisite, be charged against such property generally, or against any one or more properties comprised in such property for the purposes of which such establishments are, or have been, entertained or such expenses have been incurred. 24. Residence and education of wards .– (1) The Court of Wards may pass such orders as it thinks fit in respect of the residence of any ward whose person is for the time being under its superintendence, and, when he is a male minor, in respect of his education. (2) The Court of Wards may from time to time require any such male minor ward to attend such tutor, class, school or college, for the purposes of education, as it thinks fit. 25. Allowance for ward and his family.– (1) The Court of Wards may from time to time determine what sums shall be allowed in respect of the expenses of any ward and of his family and dependents. (2) The Court of Wards may from time to time determine what sums may be spent on the education of any minor wa rd whose person is for the time being under its superintendence. CHAPTER VI Ascertainment and liquidation of liabilities of Wards 26. Notice to claimants.– (1) On the publication of a notification under section 9, the 1 [Collector] of the District specified in the order of assumption or any other 2 [Collector] whom 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinanc e, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitu tion (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Ibid. the Court of Wards may appoint in that behalf, shall publish in the 1 [Official Gazette] a notice in both the English and the Urdu languages, calling upon all persons having claims against the ward or against the property under the superintendence of the Court of Wards to notify the same in writing to such 2 [Collector] within six months from the date of the publication of the notice. (2) The notice may also be published at such places and in such other manner as the Court of Wards may, by general or special order, direct or by rule, made under this Act, prescribe. (3) The 3 [Collector] may, if he is satisfied that any claimant had reasonable excuse for not submitting his statement of claim within s ix months, receive his claim at any time after the expiry of the period aforesaid, but any claim so received shall, unless the 4 [Collector] otherwise directs and notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the date of the expiry of the period aforesaid. 27. Presentation of claims .– (1) Every claimant shall, together with his statement of claim, present full particulars thereof. (2) Every document (including entries in books of account) on which the clai mant found his claim, or on which he relies in support thereof, shall be produced before the 5 [Collector] with the statement of claim. (3) Every such document shall be accompanied by a true copy of the same. The 6 [Collector], or such officer as he may appoint in that behalf, shall mark the original document for the purpose of identification, and, after examining and comparing the copy with it, shall retain the copy and return the original to the claimant. 28. Examination into, admission and rejection of c laims.– (1) The 7 [Collector] shall, after such inquiry as he may consider necessary, decide, as to each claim made against any ward of property, in manner in section 26 and section 27 provided, whether such claim is, either in whole or in part , to be admit ted or disallowed , and shall intimate, in writing, his decision in respect of each such claim to the claimant thereof. If such liabilities cannot be paid at once, the decision shall fix the interest (if any) to be paid thereon from the date of such decision to the date of the payment and discharge of such claim. 29. Bar of claims not duly notified .– Every debt or liability (other than debts due to, or liabilities incurred in favour of, 8 [Government]) to which any ward is subject, or with which 1Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 3Ibid. 4Ibid. 5Ibid. 6Ibid. 7Ibid. 8Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule: it came into force on 8 June 1962 . The word “Crown” was earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth Schedule. any property under the superintendence of the Court of Wards or any part thereof is charged, and which is not duly notified to the said 1 [Collector] within the time and in the manner hereinbefore prescribed, shall, subject to the provisions of section 7 and section 13 of the 2 Indian Limitation Act, 1877, be deemed for all purposes and on all occasions, whether during the continuance of the superintendence of the Court of Wards or afterwards, to have been duly discharged: Provided that the provisions of this section s hall not be deemed to extinguish any such debt or liability in any case in which the Court of Wards, after assuming the superintendence of such property, releases the same from such superintendence without ascertaining and dealing with the liabilities ther eof as in this chapter provided in that behalf, and that, in any such case, in computing the period of limitation applicable to any suit or application for the recovery of any such debt or the enforcement of any such liability, the time from the date of th e notification of claim under section 26, to the date of the release of the property from the superintendence of the Court of Wards, shall be excluded. 30. Exclusion of documents not produced .– If any document in the possession or under the control of the claimant is not produced by him as required by section 27, such document shall not be admissible in evidence in any suit or proceeding thereafter brought against a ward or as affecting any property under the superintendence of the Court of Wards by the claimant, or by any person claiming under him. 31. Decrees against wards or their properties and their execution .– (1) Nothing contained in this chapter shall be deemed to empower the 3 [Collector] to disallow any claim, notified under section 26, which is based upon a decree passed by any competent Court, and any such decree may be proved by the production of a certified copy of the same accompanied by a certificate from the proper Court that such decree remains unsatisfied. (2) On the publication of a not ice under section 26, all suits and all proceedings in execution of any decree against a ward or as affecting any property under the superintendence of the Court of Wards then pending in any Civil Court shall be stayed 4 [* * * * * * * * * * * * * * * * * * ]. 5 [(3) No such suit or proceedings shall be continued or revived in any such Court until the expiration of six months from the date of the publication of the notice under section 26, and until the expiration of two months after notice in writing has be en delivered to, or left 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for th e words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Ga zette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2India Act XV of 1877. Now the Limitation Act, 1908 (IX of 1908). 3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act , 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was e arlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved und er Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4The expression “until the plaintiff or the decree holder files the certificate that the claim has been notified in accordance wit h section 26” was omitted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 3. 5Substituted ibid. at, the office of the 1 [Collector] of the district specified in the order of assumption in the notification under section 9 , stating the name and place of abode of the plaintiff or decree - holder, as the case may be, and such other particulars in respect of the suit or decree as may be prescribed by rules made under this Act ; and every application for the continuance or revival of the suit or proceedings and every application for the institution of fresh proceedings in execution of such decree shall contain a statement that the provisions of this subsection have been complied with.] 32. Saving of right to sue in certain cases.– (1) Subject to the provisions of section 19 and section 31 , nothing in this chapter shall be construed as p reventing any claimant from bringing or prosecuting any suit 2 [or executing any decree] , in any competent Court, in respect of any claim which has been duly notified, within the time and in the manner hereinbefore prescribed, to the 3 [Collector], and which has, whether in whole or in part, been disallowed by him, 4 [Provided that no suit or proceedings in execution of any decree shall at any time be brought or be maintainable– (a) in respect of any claim which has not been so notified; or (b) to set aside or modify the order (if any) of a 5 [Collector] fixing a date for the payment of such claim or regulating the order in which claims against the ward or properties under the superintendence of the Court of Wards shall be paid.] (2) In computing any period of limitation prescribed by the 6 Indian Limitation Act, 1877, or section 230 of the Civil Procedure Code 7 , every period during which proceedings have been stayed or temporarily barred by reasons of the provisions of this section or of section 31 shall be excluded. 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Inserted by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Ga zette (Extraordinary), dated: 18 April 1944, p. 875, s. 4. 3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordina nce, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Consti tution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4Substituted for the expression “but no suit shall at any time be brought or be maintainable in respect of any claim which has not 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 claim or regulating the order on which claims against the ward or properties under the superintendence of t he Court of Wards shall be paid.” by the Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), published in the Punjab Gazette (Extraordinary), dated: 18 April 1944, p. 875, s. 4. 5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 6XV of 1877. Now the Limitation Act, 1908 (IX of 1908). 7XIV of 1882. 33. Appeal and revision.– No appeal shall lie from any decision given or order made by a 1 [Collector] under this chapter, but nothing in this section shall be deemed in any way to limit or interfere with the power of the Court of Wards to revise any such decision or order. 34. 2 [Government] may confer the powers of 3 [Collector] on any person .– For the purposes of this chapter, the 4 [Board of Revenue] may, at any time or at any stage of any proceedings thereunder, invest any person with all or any of the powers of a 5 [Collector]. CHAPTER VII Guardians and Managers 35. Appointment, removal and control of guardians and tutors .– (1) The Court of Wards may from time to time appoint guardians for the care of the persons of such wards as are minors or of unsound mind, or are suffering from any physical or mental defect or infirmity, or are females and unmarried, and may control and remove such guardians and no appointment of a guardian for any ward shall be valid unless and until it has been confirmed by the Court of Wards. (2) In appointing a guardian under this section, the Court of Wards shall be guided, as far as may be, by the provisions of section 17 of the Guardian and Wards Act, 1890 6 , and if a ward leaves or is removed from the custody of a guardian appointed under this section, the 7 [Collector] of the District specified in the notification issued under section 9 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dat ed: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punj ab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pa kistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Substituted for the word “Provincial Government” by the Punjab Court of Wards (Amendment) Act, 2012 ( XLIV of 2012), published in the Punjab Gazette (Extraordinary), dated: 30 July 2012, pp. 403 -404, s. 2. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 3Substituted for the words “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011 ), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4Substituted for the wo rds “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. 5Substituted for the words “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), publishe d in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 6VIII of 1890. 7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. may exercise the powers conferred by section 25 of the said Act on a Court as defined in that Act. (3) The Court of Wards may appoint any person to be the tutor of any minor male ward and may control and remove such tutor. Every tutor so appointed shall discharge such duties and regulate his conduct in such manner as the Court of Wards may from time to time direct. 36. No person who can succeed to ward to be appointed guardian.– No person who would be the next legal heir of a ward, or would otherwise be immediately interested in outliving a ward, shall be appointed to be his guardian; but nothing in this section shall apply to the mother of a ward or to a testamentary guardian. 37. Duties and responsibilities of guardians.– A guardian appointed under this chapter shall be charged with the custody of the ward, and shall, subject to the supervision and direction of the Court of Wards, and the rules (if any) made, under this Act, in that behalf, make suitable provision for his maintenance, health and, if he be a minor, his education and such other matters as the personal law to which the ward is subject, requires and shall– (a) give such security, if any, as the Court of Wards thinks fit for the due performance of his duty; (b) submit such accounts as the Court of Wards may direct; (c) pay the balances due from him thereon; (d) continue liable to account to the Court of Wards, after he ha s ceased to be guardian, for his receipts and disbursements during the period of his guardianship; (e) apply for the sanction of the Court of Wards to any act which may involve expense not previously sanctioned by it; and (f) be entitled to such salary or allowance, to be paid out of the proceeds of the property of the ward , as the Court of Wards thinks fit, in respect of the execution of his duties as such. 38. Appointment, control and removal of managers .– The Court of Wards may appoint one or more managers for any properties under its superintendence and may control and remove such managers. 39. Powers of managers.– A manager appointed by the Court of Wards shall, subject to the supervision and direction of the Court of Wards, and the rules (if any) mad e, under this Act, in that behalf, have power to collect the rents of the lands placed under his charge as well as all other money due to the ward or person whose property he manages, and to grant receipts therefor; and he may, subject to the same supervis ion, direction and rules (if any), grant and renew leases and farms, and do all such lawful acts as he may be generally or specially authorised by the Court of Wards to do for the good management of the property. 40. Duties and responsibilities of manager s.– Every manager appointed by the Court of Wards shall, subject to the supervision and direction of the Court of Wards, and to the rules (if any) made, under this Act, in that behalf, manage the property or properties placed under his charge diligently and faithfully, and he shall– (a) give such security, if any, as the Court of Wards thinks fit, duly to account for what he may receive in respect of the rents and profits and other income of the property under his charge; (b) keep accounts in such form and submit them at such times as the Court of Wards may direct; (c) deal with all money received by him in such manner as the Court of Wards may direct; (d) apply for the sanction of the Court of Wards to any act which may involve the property in expense not previously sanctioned by it; (e) be entitled to such salary or allowance, to be paid out of the proceeds of such property, as the Court of Wards thinks fit, in respect of the execution of his duties; (f) be responsible for any loss occasioned to the propert y by his negligence or wilful default; and (g) continue liable to account to the Court of Wards after he has ceased to be manager for his receipts and disbursements during the period of his management. 41. Termination of appointment of guardian or manager .– The appointment of every guardian or manager appointed under this chapter, shall terminate on the Court of Wards ceasing to exercise superintendence of the person or property in respect of whom or which such guardian or manager, as the case may be, has been appointed. 42. Guardians and managers to be deemed to be public servants and managers and certain guardians to be deemed to be public accountants.– (1) Every guardian and manager appointed under this chapter shall be deemed to be a ‘public servant’ w ithin the meaning of section 21 of the 1 [Pakistan] Penal Code 2 and for the purposes of that Code. (2) Every such manager shall be deemed to be a ‘public accountant’ within the meaning of the Public Accountants Act, 1850 3 , and every such guardian shall be deemed to be a ‘public accountant’ within the meaning and for the purposes of sections 3 to 5 of the Public Accountants Act, 1850 4 . (3) In the definition of ‘legal remuneration’ contained in section 161 of the 5 [Pakistan] Penal Code , the word ‘Government’ shall, for the purposes of this section, be deemed to include the Court of Wards. 43. 6 [Collector] when to discharge the duties of guardian or manager .– If no such guardian or manager is appointed by the Court of Wards, the 7 [Collector] of the District specified in the order of assumption in the notification under section 9 or any other 8 [Collector] whom the Court of Wards may appoint in that behalf, shall be competent to do anything that might be lawfully done by a guardian of the person or a manager of the property appointed under this chapter. 1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 2XLV of 1860. 3XII of 1850. 4Ibid. 5Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordin ary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 7Ibid. 8Ibid. CHAPTER VIII Release of persons and properties from superintendence 44. Power to release from superintendence .– The Court of Wards may, at any time, release any person or property, or both, from its superintendence: 1 [* * * * * * * * * * * * * * * * * * *] Provided, 2 [*], that persons or property under the charge of the Court of Wards in accordance with the provisions of sub -section (2) of section 7, shall not be released without the concurrence of the Court whic h appointed or declared the 3 [Collector] to be guardian of the person or property, or both, of the person concerned, under the Guardians and Wards Act, 1890 4 . 45. Retention of superintendence of property until discharge of debts .– (1) Whenever a ward dies or ceases to be under any legal incapacity, and his property is, at the time of his death or cessation of incapacity, still encumbered with debts and liabilities, the Court of Wards may either release such property or, with the sanction of the 5 [Board of Revenue], retain it or any part thereof under its superintendence until such debts and liabilities have been discharged. (2) In any case provided for in sub -section (1) the Court of Wards may together with the property of any such ward also retain, unti l the said debts and liabilities have been discharged, the property of which it has assumed the superintendence under section 8. 46. Retention of superintendence where there are more proprietors than one.– If, in the case of any property, there are more proprietors than one, the Court of Wards may retain the whole property under its superintendence if one or more of the proprietors remain Wards, although other or others may have ceased to be under any legal incapacity: Provided that in such cases a proprie tor who has ceased to be disqualified shall not, after the cessation of such disqualification, be deemed to be ward for the purposes of this Act and the Court of Wards shall pay to such proprietor the surplus income accruing from his share of the joint property. 47. Appointment of guardian on release of minor .– (1) When the Court of Wards decides to release from its superintendence the person or property, or both, of any minor, it may, before such release, by an order in writing, appoint any person to be t he guardian of the person or property, or both, of such minor. 1The first proviso was omitted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it came into force on 14 October 1955. 2The word “further” was omitted ibid. 3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazett e (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 4VIII of 1890. 5Substituted for the words “Provincial Go vernment” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General Adaptations. (2) Such appointment shall take effect from the date of such release. (3) In appointing a guardian under this section the Court of Wards shall be guided by the provisions of section 17 of the Guardian and Wards Act, 1890 1 , and in every such case the 2 [Collector] of the District specified in the order of assumption in the notification under section 9 shall have the powers conferred upon a 3 [Collector] under section 35 (2). (4) Every such guardian shall have and be subject to the same rights, duties and liabilities as if he had been appointed under the Guardian and Wards Act, 1890. 48. Disposal of property after the death of a person of whose property the Court of Wards has assumed superintende nce.– Whenever, in the event of the death of any person of whose property the Court of Wards has assumed superintendence, the succession to his property, or any part thereof, is unclaimed or disputed, the Court of Wards may either direct that the property, or part thereof, be made over to any person entitled to or claiming the same, or may institute a suit of inter-pleader against the several claimants, or may retain the superintendence thereof until a claimant has, in due course of law, established his tit le thereto in a competent Court. 49. Delivery of documents and accounts on release of property .– Whenever the Court of Wards releases the property of any person from its superintendence, it shall deliver to such person or if it has appointed a guardian un der sub-section (1) of section 47, to such guardian all documents of title and all papers and accounts (other than Government records) relating to such property. 50. Notification as to release from superintendence .– Whenever the Court of Wards releases any person or property from its superintendence, the fact of such release shall be notified in the 4 [Official Gazette], and such release shall take effect from the date fixed in this behalf in the notification. 51. Recovery of expenses.– Any expense incurred by the Court of Wards on account of any property under its superintendence may, after the release of such property, be recovered as an arrear of land-revenue due in respect of such property or any part thereof. CHAPTER IX Miscellaneous provisions 52. Bar of suits and proceedings .– (1) No suit shall be brought in any Civil Court in respect of the exercise of any discretion conferred by this Act. (2) No suit shall be brought against any officer of Government or any guardian, manager or servant appointed b y and discharging his duties under a Court of Wards for anything done by him in good faith under this Act. 1VIII of 1890. 2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 2 0 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), publis hed in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 3Ibid. 4Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 53. Investigations into matters under Chapters VI and VII to be considered judicial proceedings.– Every investigation conducted by a 1 [Collector] with reference to any claim preferred before him under Chapter VI or Chapter VII or to any matter connected with any such claim shall be taken to be a judicial proceeding within the meaning of the 2 [Pakistan] Penal Code 3 . 4 [54. Power to make rules.– (1) The Board of Revenue may, with the previous approval of the Government, make rules for carrying out the purposes of the Act. (2) Without prejudice to the generality of sub -section (1), the rules may regulate any of the following matters:– (a) management of a property under the superintendence of the Court of Wards; (b) procedure to be observed and the powers to be exercised by any person in any proceedings under the Act; and (c) any matter or thing required or permitted by the Act to be prescribed.] 1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 7: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for t he words “Deputy Commissioner” by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 15 October 2001, pp. 1723 -1724, s. 3: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic R epublic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 2Substituted for the word “Indian” by the Punjab Laws (Ada ptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 3XLV of 1860. 4Substituted by the Punjab Court of Wards (Amendment) Act 2012 ( XLIV of 2012), published in the Punjab Gazette (Extraordinary), dated: 30 July 2012, pp. 403-404, s. 4. SCHEDULE Enactments Repealed Number and year. Title. Extent of repeal. XXVI of 1854 Education of male minors subject to the superintendence of the Court of Wards. The whole so far as it applies to the Punjab. IV of 1872 The Punjab Laws Act, 1872. Sections 34 , 38, inclusive. XII of 1887 Amendment of the Punjab Laws Act, 1872. Sections 3 and 4.