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PUNJAB COURT OF WARDS ACT, 1903

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`` Punjab Court of Wards 1903: Act II

SCHEDULE Enactments Repealed

TEXT 1THE 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

Section 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.

Section 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(1) The enactments specified in the schedule are hereby repealed to the extent mentioned in the third column thereof.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] Section 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 Revenue” 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 the 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 Gazette, 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 Punjab 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

Section 4. Constitution of the Court of Wards and its jurisdiction

1[(1) The 2[Commissioner of the Division] within 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 into 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 property 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 Revenue], 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].

Section 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 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.

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 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. 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 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. 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 manage 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 grounds of public policy or general interest, to make such order.

(3) Every order made 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.

Section 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 refrain 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.

Section 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 section 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 “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.

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 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.

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 include 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.

Section 9. Notification of assumption of superintendence

Whenever the Court of Wards, 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.

Section 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

Section 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 under 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 land-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 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.

4Substituted for the expression “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 section 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 (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.

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 unsound mind and incapable of managing his affairs.

Section 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 control 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

Section 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 section 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.

Section 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.

Section 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 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.

(a) to transfer or create any charge on, or interest in, the whole 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 enter 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, declare 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.

Section 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 contracted 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.

Section 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.

Section 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 superintendence 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.

Section 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 execution] 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.

Section 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

Section 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 (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 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 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.

or some person authorised, in writing, by him in this behalf, shall take possession of all such property and all accounts and papers 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.

Section 22. Powers of Court of Wards as to superintendence and control. Audit of accounts and management 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.

Section 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 properties 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.

Section 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.

Section 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 ward whose person is for the time being under its superintendence.

CHAPTER VI

Ascertainment and liquidation of liabilities of Wards

Section 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 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.

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 six 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.

Section 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 claimant 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.

Section 28. Examination into, admission and rejection of claims

(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 admitted 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.

Section 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 2Indian 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 shall 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 thereof 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 the 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.

Section 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.

Section 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 notice 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 been 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 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.

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 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.

4The expression “until the plaintiff or the decree holder files the certificate that the claim has been notified in accordance with 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.]

Section 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 preventing 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 6Indian 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 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.

2Inserted 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.

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 (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 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 such claim or regulating the order on which claims against the ward or properties under the superintendence of the 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.

Section 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.

Section 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

Section 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), 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.

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 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.

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 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.

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 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.

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.

Section 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.

Section 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 has 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.

Section 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.

Section 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) made, 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 supervision, 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.

Section 40. Duties and responsibilities of managers

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 property 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.

Section 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.

Section 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’ within 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.

Section 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 (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.

7Ibid.

8Ibid.

CHAPTER VIII

Release of persons and properties from superintendence

Section 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 which 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.

Section 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, until the said debts and liabilities have been discharged, the property of which it has assumed the superintendence under section 8.

Section 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 proprietor 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.

Section 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 the 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 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.

4VIII of 1890.

5Substituted 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.

(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.

Section 48. Disposal of property after the death of a person of whose property the Court of Wards has assumed superintendence

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 title thereto in a competent Court.

Section 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 under 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.

Section 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.

Section 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

Section 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 by 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 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.

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.

Section 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] Section 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 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.

2Substituted 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.

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.

Print contents from the source
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 
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 2a04ca0b78577e849107b1e2c88d7acca5f6ff11943ce70451e4a566503bc2d6.

``  
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.
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References to provisions in this text 39

Section 5

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rs 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 m

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Section 8

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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,

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Section 5

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endence 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 C

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Section 5

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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 t

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Section 6

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.– 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 Gove

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Section 9

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vely, 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 ac

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Section 5(2)

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nder 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 circ

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Section 6

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) 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 su

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Section 5

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tion 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

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Section 5

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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

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Section 11

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ode 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

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Section 9

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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 cti

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Section 9

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ch 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 su

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Section 9

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m 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

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Section 5

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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 w

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Section 9

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tice 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

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Section 9

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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

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Section 9

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ted 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 p

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Section 9

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s 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 t

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Section 26

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f 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 liabilit

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Section 27

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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 p

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Section 7

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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 discharg

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Section 26

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ble 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 claim

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Section 27

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e 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 c

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Section 26

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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 unsa

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Section 26

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n 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 [* * * * * * * * *

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Section 26

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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 (

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Section 26

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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] o

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Section 9

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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 applicati

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Section 19

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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

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Section 31

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ent 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, wi

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Section 31

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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 (Extraor

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Section 9

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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

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Section 9

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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 ch

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Section 7

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* * * * * * * * * *] 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, 1

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Section 8

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h 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

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Section 9

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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

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Section 35(2)

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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 who

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Section 47

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ourt 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

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Section 18 of Guardian and Wards Act, 1890

Cited by PUNJAB COURT OF WARDS ACT, 1903

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dence 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 m

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Section 17 of Guardian and Wards Act, 1890

Cited by PUNJAB COURT OF WARDS ACT, 1903

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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

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Section 17 of Guardian and Wards Act, 1890

Cited by PUNJAB COURT OF WARDS ACT, 1903

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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)

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2a04ca0b78577e849107b1e2c88d7acca5f6ff11943ce70451e4a566503bc2d6
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5da197c5f528949a8d2a8f315e1e33857156bed0b0ed766520d9f78330f34817
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PUNJAB COURT OF WARDS ACT, 1903
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punjab-code-c8955e4d318c4fce
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