 1 ~ sep 196~ bill no 58 of 1964 the court of wards (rulers of indian states) bill, 1964 arrangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions  chapter ii couict of wards and assumption of superintendence 0  estat~s 3 court of wards4 assumption of superintendence by court of wards of the estates of disqualified rulers 5 disqualified rulers 6 inquiry into circumstances and conditions of a ruler believed to be disqualified 7 assumption of superintendence by the appointed guardian 8 superintendence by court of wards on application of a ruler 9 temporary provision for protection of estates o~ rulers in certain cases 10 superintendence where estate is within the jurisdiction (jf two or more courts of wards 11 assumption of superintendence to be notified and to extend to whole of the ward's estate ·12 barring of su;ts to contest authority to assume superintendence chapter iii investigation of claims against the ward 13 publication of notice to claimants against ward 14 power to require claimants to furnish full particulars and documents 940(b) ls-1 clauses 15 investigation and decision of claims 16 execution of decrees to be stayed till certificate ·filed 17 repart"to' central government  chapter iv powers and functions of court of wards18 delegation of powers by court of wards 19 appointment of manager by court of wards 20 liabilities, etc, of manager appointed by court of wards 21 general powers and duties of court of wards and manager 22 allowance for ward, his family and dependents 23 powers of court of wards as to the estate of the ward 24 recovery of arrears of rent, etc, as arrears of land revenue 25 estate under s uperintendmce of court of wards not liable to sale for arrears 26 liability of estates to pay expenses of court of wards 27 power of court of wards to claim exemption of the estate of ward from process of civil court 28 notice of suit 29 manager or cow1 of wards to be next friend or guardian in sufts by or against the ward 30 payment of costs   31 processes aiamst ward to be served on his ne~t f~iend or guardian 32 authority of court of wards required in case of suits brought on behalf of wards 33 adjudication of civil disputes between two or more wards  chapl'elt v disabilities of a w aju)34 dil8bilities of a ward 35 sanction of central government neceljt8l")' ior adoption and wills to be made by wards  lok sasha - corrigenda 1:0 the court <f 1'/ards cujlel1s of indian states) bill, 1964(to bel as introduced in 10k sabha) 1 page 15, line 31,~ t,q£ ·that·' ~ "any such" 2 page 16, line 3,-~ "terri tory" ~ "terri tory" 3 correct line numbers on pages 4, 7, 9, 10, 11, 13 and 14  new delluj sentembel 141l_1q64 bhidra 23, 1886 (sara:) chapter vi release of estates from superintendenceclauses -36 withdrawal of superintendence of court of wards 37 appointment of guardian in certain cases 38 withdrawal to be notified in official gazette 39 appeals  chapter vii miscellaneous40 control of central government 41 delegation of functions by central government 42 power to compel attendance of witnesses 43 bar of suits 44 power of central government to make rules 45 repeal and savings  the schedule court of wards (rulers of indian states) bill, 1964it bill to provide for the superintendence of the estates of the rulers 01 indian states by the court of wards in certain cases be it enacted by parliament in the fifteenth year of the republic of india as follows:- chapi'er i preliminarys 1 (1) this act may be called the court of wards (rulers of short indian states) act, 1964 title, extent and (2) it extends to the whole of india except the state of jammu comand kashmir mencement (3) it shall come into force on such date as the central govern-jo ment may, by notification in the official gazette, appoint z in this act, un1ess the context otherwise requires,-definitions, (a) "commissioner" includes the board of revenue; (b) "indian state" has the same meaning as in article 366 of the constitution; (c) "minor" means a ruler who, under the provisions of the indian majority act, 1875, has not attained majority; is 9 of 1875 (d) "ruler" has the same meaning as in article 366 of the constitution; 20 (e) "ward" means a ruler who has been made a ward of the court of wards under this act,  940(b) ls-2  chapter ii court of wards and assumption of superintendence of estatescourt of 3 the collector or the deputy commissioner of a district shall wards be the court of wards for the limits of his district: provldecl that the ,central government may, if it thinks fit, by s notification in the official gazette,-(a) appoint a commissioner or special officer to be the court of wards for any division, di8tri~t, area or estate; or (b) constitute a board consisting of two or more officers to be die co1u"t ,of wards for any division, district, area or estate 10 4 the court of wards may, with the previous sanction of the central government, assume the superintendence of the estate of any ruler who is disqualified under section 5 to manage his estate assumption of superintendence by court of wards of the estates or cit qualifled ruler • dulqualiaed rulen 5 the fallowing rulers shall be deemed manage their estates, namely:-to be disqualified to is (a) rulers who are minors; " (b) rulers declared by a competent civil court to be of unsound mind and incapable of managing their estates; (c) rulers declared by the central government to be capable of managing or unfitted to manage their estates,-in-20 (i) owing to any physical defect or infirmity; or (ii) owing to their having entered upon a cow-se of extravagance; or (iii) owing to their failure to discharge the debts and liabilities due by them: ls provided that no declaration under sub-claube (ii) or sub-clause (iii) of this clause shall be made unless the central government is aatisfted-·i (a) that the aggregate annual interest payable at the con~ tractual rate on the debts and liabilities due by the ruler ex- 30 ceeds one-third of the gross annual profits of the estate; or (b) that such extravagance or such failure to discharge the said debts and liabilities is likely to lead to tbe dissipation of the ~te 6 (1) where on the basis 01 _ idformatlon in its possession, inquiry tlae central government has reasod to believe that a ruler is inca- into eirpahle of 1i18r8gin, or unfttted to manale his estate wlder clause (c) cumof section 6, it may direct an inquiry to be made into the circumstan- stances s eel and conditiobs of the ruler by iul aftlcer of government appoint- bnd codtdid b it '  l· l_l if tions 0 e y ld  1& _a  a ruler believed (2) the officer appointed to make the inquiry may, for the pur- to be dis pose of compelling the attendance of witnesses and the production qualified of docwnents in the course of such inquiry, exercise all or any of 10 the powers of a civil court under the code of c~vil procedure, 1908 5011908, (3) the central government, on receipt of the report of the officer appointed to make the inquiry, may, if satisfied that it is necessary in the public interest so to do, declare the ruler to be disqualified under clause (c) of section 5: is provided that no such declaration shall be made in respect of a ruler until the ruler has been furnished by the central government with a detailed statement of the grounds on which it is proposed to disqualify him and the ruler has had an opportunity of showini cause why such declaration should not be made 20 7, where any person is appointed or declared to be guarciian of 1auump-the estate of a minor under sub-section (1) of section 7 of the guar- tion of ii of 1890 dians and wards act, 1890, he shall intimate the fact to the court of superin-wards, and the court of wards may thereupon, with the previous teddenee sanction of the central government, asslillle the superintendence of :~i~ted 25 the estate guardian 8 (l) any ruler may apply to the central govemment to have superinhis estate placed under the superintendence of the court of wards, tendeuee and the central government may on such applicatic)ll, if it thinks fit :: ,;:: and expedient, order the court of wards to assume the superinten- oilappli-30 dance of the estate cetion of - ruler (2) an order made by the central government under sub-section (1) shall be sufficient to authorise the court of wards to assume the superintendence of the estate referred to therein, and such order shall not be questioned in any court of law 35 9 (1) pending decision as to succession, the central govern- tempo_ ment may, if it considers it necessary so to do for theproteetion of r~1')' prothe estate of a deceased ruler, direct the court of wards to take such vlsi:~or steps and make such orders for the custody and protection of the :-~~n estate of such ruler as the court of wards thinks ftt of rulen (2) whenever the court of wards has reason to believe that the person recognised as the successor of a deceased ruler is one who is, or should be declared to be, disqualified under section 5; it may take such steps and make such orders for the temporary custody and protection of the estate of such ruler as it thinks fit 10 where a ruler owns an estate which is within the jurisdiction of two or more courts of wards, such one only of the courts of wards as the central government may direct in this behalf shall assume the superintendence of the estate of the ruler 11 (1) whenever the court of wards assumes the superintendence 10 of the estate of any ruler under this act, the fact of such assumption and the date on which it was s ldctioned or ordered by the central government shall be notified in the official gazette superintendence where estate is within the jurisdicliunof two or more courts of wards assumption of superintendence to benotifled and to extend to whole of the ward's estate (2) on and with effect from the date of such sanction or order, the whole of the property, movable and immovable, comprising the is estate 01 such ruler, whether the existence of any such property may be known to the court of wards or not, shan be deemed to be under its superintendence (3) axly property which the ward may inherit subsequent to the date of such sanction or order and during the continuance of the 20 superintendence, shall also be deemed to be under the superintendence of the court of wards 12 no suit shall be brought in any civil court to contest the authority of the court of wards in respect of the estate of any ruler under this act on the ground that such person was not, or is not a 2s ruler or a minor barring of au ita to contest authority toassum superintendence  chapterm investigation of claims against the ward13 (1) on the issue of a notification under sub-sectiod (1) 01 section 11, the court of wards shall piljblish in the oftlcial gazette, and in such other manner as the central govemment may, by 30 general or special order, direct, a notice, in english and also in the publication of notice to claimant against ward i'egionai language or languages in common use til thed1atrict·of division in which the ward is ordinarily resident and in the district or division in which his estate or any part thereof is situated, calling upon all persons, having claims against the ward or his estate to submit the same in writing to the court of wards within six months 5 from the date of the publication of the notice aforesaid in english in the official gazette  (2) every such claim (other than a claim on the part of the • government) not sulbmitted to the court of wards in compliance 10 with the notice published under su~ction (1), shall, subject to the provisions of clause (c) of sub-section (2) of section 17, be deemed for all purposes and on all occasions, whether during thf:! continuance of the superintendence or thereafter, to have been duly discharged: provided that if the court of wards is satisfied that the claimant is for reasons beyond his control or other sufficient reasons was unable to comply with the notice published under sub-section (1) within tlhe period referred to therein, it may receive his claim at any time after the date of the expiry of that period, but any claim so received shall, notwithstanding any law, contract, decree or award to the 20 contrary, cease to carry'fony interest from such date until its j"eceipt 14 (1) the court of wards may by written order require that powerto any claimant submitting his claim shall, within such reasonable ~uireanta time as it may specify in such order, furitish full particulars thereof ~o :::rush and produce all documents on which he relies to support his cjaim, full parti-25 together with a true copy of every such document: culara and provided that, where the claim relates to an amount secured by doc,!: d  h   a ecree or award, it s all ·be sufficient for the chumant to produce men  before the court of wards, a certified copy of the decree and a certificate from the court which passed the decree or is executing it 30 declaring the amount recoverable thereunder, or a true copy of the award and statement of the sum recoverable thereunder, as the case may lbe; and where the claim is pending adjudication in any cqun or has been referred to ar:bitration, it shall be su1licient for the claimant to produce a certified copy of the plaint, or as the case maf 3s be, iii true copy of the reference to arbitration (2) the court of wards shall, after marking for the purpose of identi1ication, every original document so produced and verifying the correctness of the copy, retain the copy and return the original to the claimant 40 (3) where any document, which is in the possession or under the control of a claimant, is not produced by him in accordance with an order under sub-section (1), the document shall not be admissible in evidence against the ward, in any suit filed, whether during the continuance of the superintendence of the court of wards or there-in-tlpti011a11id declaion ofclatms - after, bplnca ctlabn  t or by any penon claiming under him, in reipeot of any claim ~ which the gocument relates, unless it is proved to the aati8faetion at the court that he was, for reasons 'beyond his aonwol or other sufieient reasons, unable to produce such document  nquind by such order i 5 15 (1) on receipt of the claima submitted in compliance with the provisions of sections 13 and 14, the court of wards shall proceed to investigate such claims and sball decide, bubject to the provisions of lub-seotion (3), which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communi- 10 cate its decision in writing to each claimant concerned (2) where the court of wards has admitted any claim under sub-section (1), it may make to the olaimant a proposal in writing for the reduction of the claim, or of the mte of interest ·to be paid in future, or of 'both; and if such' proposal or any modification of it, is is accepted by the claimant, and his acceptance is ftnally recorded and is attested by the court of wards or by any rew!nue otiicer (not below the rank of a deputy collector or an assistant commissioner) whom the central government may, by general or special ,order appoint in this behalf, it shall be conclusively binding upon the 30 ela:bmlnt: ptovided that if, when the sapenntencit!nee of the estate by the cburt of wards is 'withdrawn, any portion of the claim reduced as aforesaid is stin unsatisfied, the claimant shall !be entitled to reeoover e sum bearing the same proportion to the original claim admitted 25 under sub-section (1) as the unsatisfied portion ibeanr to the reduced claim ' bec:ution of 4iecnii to be ~ed till cert1-kat med (3;) subject to the provisions of su'b-section (2), nothing in this beetion shall ~ construed to bar the institution of a suit in a elvi1 court agaiftst a ward or his estate for the recovery of a claim which 30 has been duly submitted to the court of wards: provided that no decision of the court of wards under this section ihall be proved in any such suit as against the defendant 18 (1) on the publication of a notice in engllsh in the oftlcial gazette under suib-osection (1) of section 13, jw proceeding in execu- 35 tion of any decree against the ward or his estate shall be inatituted or continued until the decree-holder files a certificate from the court of wards that the decree-claim has!been duly submitted or until the 9lpiratton of one month from the date of receipt by the court of wards ~ a written application, accompanied by a certified copy 40 of tihe decr:ee, for 8uclt certificate ~) in computing 4t1e period of limitation prescribed by the limitation act, 1963, for any application for the execution of a decree, 0 1963 jinii  t •• which haw been stayed 01' temporvily barred by reuon of the claim not ha~ been duly bubmittted, the time from the publication of the notice in english in the ofticial gazette under sub-section (j) of section 13 or from the date of the decree if it was passed subsequent to such publication, to the date of due ~ submission shall be excluded 17 (1) when all claims have been investigated under section 15, report to the court of wards sball submit to the centl:al government a central schedule of the debts and liabilities of the ward, and the central govem-government may, where the estate appears to be imrolved beyond ment 10 all hope of extrication, or ior any other· suftlcient reason, by an order p1ibllshed in the 01bcial gazet4e, direct that, on a date to be fixed by the order, the superintendenee of the estate of the ward by the court of wards shall be withdrawn (2) on the date so fixedrs (a) the superintendence shall termidate; (b) the ruler of the estate under superintendence shall be restored to the possession thereof, subject to any contracts entered into by the court of wards for the preservation or benefit of such estate; 20 (c) the claims referred to in sub-section (i) of section 13 shall revive -(3) in calculating the periods of limitation applicable to buits to recover and enforce debts and liabilities revived under this section, the time during which the superintendence has continued sh$11 be 25 excluded  chapter ivpowau; um ftjnctioks of cotnlt ()f wajtd8 18 (1) where the court of wards does not coneist ef \he collector or the deputy commissioner of a district, such ccturt of wards =e~~_ 30 may, with the general or special sanrt;on of the central gwe:rdmebt, power from time to time, delegate all or any of its powers to the collector by' court or the deputy commisbioner of any district in which any part of ofwardl the estate of the wtmi is situated, or to any ·ether revenue 0fbcer not below the rank of a deputy collector or ad aaistant commts-3s stoner whom it may appoint in this behalf, and may, at arry time, with the like sanction, revoke such de1esatiod (2) where the court of wards does not corsist c1f the collector or the deputy commissioner of a district, then, subject to any 40general or special orders of the central government, such court of wards may exercise all or any of the powers conferred on it by this act through the collector or the deputy cornmissioller of any district in which any part of the estate of a ward ill situated, or th!'qugh --- -any other revenue officer not heloi, the rank of a deputy collector or an assistant commissioner whom it may appoint in this behalf, and, subject to the like orders, any such collector, deputy commissioner or other revenue officer may exercise all or any of those powers through any revenue officer subordinate to him 5 (3) where the court of wards consists of the collector or the deputy commissioner of a district, then, subject to any general or special orders of the central government, such court of wards may exercise all or any of the powers conferred on it by this act through a deputy collector or an assistant commissioner whom it may 10 appoint in this behalf: and subject to the like orders, any such deputy collector or assistant commissioner may exercise all or any of those powers through any revenue oftlcer subordinate to him zoo (1) every manager appointed by the court i)f wards shall-appoint-19 the court of wards may appoint a manager of the estate of ment of any ward under its superintendence is manager by court 01 wards liabilities, etc, of manager appointed by court 01 wards (a) give such security, with such sureties, if any as the court of wards thinks fit for the due discharge of the trusts of his office and for the due accounting of all property and moneys which come in10 his control or possession by reason of his office; 20 {b) be entitled to such allowance as the court of wards thinks fit for his diligence and responsibility in the execution of his duties; and (c) be responsible for any loss occasioned to the estate under his management by his wilful default or gross negligence; 2s and every streh loss shall be recoverable from him and from the sureties, if any; in the same manner as an arrear of land revenue (2) the manager or any servant of the court of wards shall be deemed to be a ''public servant" within the meaning of chapter ix of the indian penal code; and, in the definition of "legal remunera- ~~ 011860 tion" contained in section 161 of the said code, the word "government" shall, for the purposes of this sub-section, be deemed to include the court of wards 21 subject to the provisions of this act and of any rules made general d thereunder, the court of wards may, by itself or through the 3s r::s o1an manager, if any, appointed by it under this act, do all such things ~urt 01 ali may be necessary for the proper care and superintendence of the wards and estate diligently and faithfully for the benefit of the estate, and the man, court of wards pr the manager shall in every respect act to the best, of its or ,his judgment fof the jnter~sts of the estate as if the estate 40 were its or 1l~ own 22 the court of wards may, from time to time, determine what allow-iwdi shall be allowed in respect of the expenses of any ward and of ance for hds family and dependents war,d his family and dependents, 23 the court of wards may sell, exchange, mortgage, charge or powers s let the estate of a ward, and may do all such things as it may judge ot court to be best for the benefit of the estate and the advantage of the of wards ward: as to the estate ot provided thatthe ward (a) the previous sanction of the central government shall 10 be required for any sale, exchange or mortgage of, or charge on, immovable property and for any lease of such property for a term exceeding ten years, and '"  (b) where one-third of the immovable property of a ward has already been sold or exchanged, no further sale or exchange shall be made  14 for the purpose of the recovery of rents, profits and other sums recovery due in respect of the estate under the superintendence of the court at arrears of wards (whether such arrears become due before or after the 0'1 rent etc, assumption of such superintendence), the court of wards shall have a; rr;ars 20 11111 the powers possessed by the relevant authority or officer of a dis- ~ev:ue, trict under the law for the time being in force for the recovery of land revenue due to government %5 save as otherwise provided in section 26, no estate under the estate superintendence of the court of wards shall be liable to sale on under 25 account of arrears of land revenue: 8uperill-  tendence pro'l/lded that all such arrears of land revenue shall be the first of court charge upon the sale proceeds of any such estate which may be sold of wards for any cause other than for arrears ot land revenue not liable to sale for arrears 28 all expenses incurred by the court of wards under the provi- liability 30 sions of this aet in respect of the estate of a ward and if the court of elltates of wards assumes the superintendence of the estate of any ruler to pay exdisqualified under clause (c) of section 5, all expenses incurred by r~~tf the central government for complying with the provisions of sec- woards tion 6 in relation to such ruler, shall form a charge upon such estate 35 and shall be recoverable as arrears of land revenue 27 (1) whenever it appears to the court of wards that by virtue l'ower of of or in execution of a decree or order of a civil court the estate of court of , wards to a ward under its superintendence is or is likely to be insuftlcient for the payment of the expensesclaim exemption ot the estate 01 ward from proeess of civil court (a) of the superintendence of the estate of the said ward under this act, or (b) of the said ward, his family and dependents, allowed 5 under section 22, the court of wards may issue a certificate in writing to the civil court executing the said decree or order claiming exemption of the estate for such period as the court of wards may from time to time deem expedient from any attachment, sale, transfer or other 10 process of a civil court (2) upon the receipt of such certificate, the civil court executing the decree or order against the said estate shall, notwithstanding anything contained in section 16 or any other law for the time being in force, raise any attachment or ~ther procese pending agalnlrt the i" estate specified in the certificate or shall set aside any order of sale or transfer of the said estate which thereupon shall be exempt from any attachment, sale, transfer or other process of a civil court for the period specified in the said certificate and during the said period tbe execution of such decree or order shall, so far as it affects the estate for the purposes of section 15 of the limitation act, 1963, be 20 deemed to have been stayed: provided that if the superintendence of the court of wards of the said estate terminates under section 17, or is withdrawn under section 36, the exemption granted under this section shall, with effect 25 from the date of such termination or withdrawal cease to be in operation notice otswt 28 no suit relating to the estate of any ward shall be brought in any civil court untll the expiration of two months after notice in writing stating the name and place of abode of the intending plaintiff, 30 the cause of action and the relief claimed has been delivered to, or left at the office of, the court of wards; and the plaint 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 35 within three months from the date of the notification under sub-section (1) of sectiqll 11 29 in every suit brought by or against a ward, the manager or if there is no manager, the court of wards liaving the iluperintendence of the ward's estate shan be named as the next friend or guardian for the suit, as the case may be 40 manager or court of warda to be next triendor guardian in suits by or against the ward !ro where in any suit brought by or against a ward any civil court payment decrees any costs against the ward's next friend or guardian for the of costs suit, the court of wards $lall cause the costs to be paid out of the estate of the ward s' 31 every process which may be issued by any civil or revenue processes court against any ward shall be served on the ward's next friend or against iluardian for the suit ward to be served on his next friend or guardian 32 no suit shail be brought and no appeal in any suit shall be authority preferred, by any manager appointed by the court of wards on behalf of court 10 of any ward unless it is authorised by an order in writing of the ofw?redds requlr court of wards: in case of provided that the manager may authorise the filing of a plaint or bruits ht   ro~ a memorandum of appeal ld order to save a suit or appeal from being on behalf barred by the law of limitation, but the suit or appeal shall not after- of wards 15 wards ,be proceeded with except with the sanction of the court of wards 33 (j) where any question arising between two or more wards is adjudicaof such a nature that an adjudication upon it by a civil court is ex- tien ot pedient it shall be lawful for the court of wards or any person civil 20 who may be authorised by it in this behalf to file in the civil court ~putes in which a case might have been stated for its opinion with regard t;:::n to that question under rule 1 of order xxxvi in the first schedule more to ,the code of civil procedure 1908 a statement containing the wards point or points for determination 25 (2) when such statement has been filed, the court shall appoint a guardian for the suit for each ward having a separate interest, and such guardians shall thereupon conduct the case subject to the ~eneral control of the court of wareis (3) the court may, if it thinks fit amend the case so stated and 30 shall then proceed to hear and dispose of the ease in the manner provided in order xxxvi in the first schedule to the code of civil procedure, 1908, for the hearing and di,sposal of cases stated for its opinion under that order  chapter v35 disabilities of a w abo 34 (l) except with the approval of the court of wards, a ward disabilishall be incompetent to transfer or create any charge on, or interest ties of a in, his estate or i'ily part thereof except such interest as may be created ward by a win made in accordance with section 35 or to enter into any eon; tract which may involve him in pecuniary liability; and no suit ahall be brought in any civil court whereby to charge any ruler upon any promise made aiter he has ceased to be a ward to pay any debt coiltracted during the period when he was a ward, or upon any ratifiea- 5 tion made after he has ceased to be a ward of any promise· or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification (2) nothing in this section shall be deemed to affect the capacity of a ward to enter into a contract of marriage: 10 provided that a ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having reprd to the personal law to wluch he is subject and to his rank and circumstances, the court of wards may, in writing, declare to be reasonable r 5 sanction ot central government necessary for adoption and wills to be made by wards 35 no adoption or will made by a ward shall be valid unless it has been made with the sanction of the central government obtained on an application made to it by the ward through the court of wards: provided that sanction shall not be withheld unlesa it appeari 20 to the central government that the adoption or the will 1s cod-trary to the personal or special law applicable to the ward, or that it is likely to cause considerable pecuniary embarrassment to the estate or to lower considerably the influence or respectability of the ruler in public estimation 25  chapl'er virelease of estates from supebintbndence 38 (1) the court of wards shall withdraw its superintendence of the estate of a ward-withdrawalot superintendence of court of wards (a) in the case of a ruler disqualified under c1au (a) of 30 section 5 or in the case referred to in section 7, as soon as the ruler attains his majority; (b) in the case of a ruler diaqu8lifted under <:lause (b) of section 5, as soon as he ceases to be of unsound mind and is capable of managing his eljtate; 35 (c) in the case of a ruler disqualified under clause (c) of section 5, as soon as in the opin1on of the central government hc,das become fit to manage his estate; "(d) in the case referred to in section 8, on such date as the " central government may, by notification in the offtcial gazette, 40 appoint; and (e) in the case of the death of a ruler, as iiooil u hia lue· cessor is recognised by the president (2) nothing contained in sub-section (i) shall prevent the court of ward&-(a) in any case where at the time when the court of wards has to withdraw its superintendence under suh-fection 5 (1), the estate is still encumbered with debts and liabilities, from continuing its superintendence with the sanction of the central govemment until such debts and liabilities are dis-charged; or (b) from withdrawing its superintendence at any time with 10 the sanction of the central government 37 (j) where in exercise of the powers conferred by section 36, appointthe court of wards decides to withdraw its superintendence from ment of the estate of any minar, it shall, before such withdrawal, by an order jual'dian in writing, appoint some person to be guardian of the estate of the in certain is said minor, and such appointment shall take effect from the date of cues such withdrawal (2) in appointing a guardian under this section, the court of wards shall be guided iby the provisions of the guardiklls and wards act, 1890, and every guardian so appointed shall have, and be sllb-8 of 1890 ~o ject to, the same rights, duties and liabilities as if he had been appointed under that aet 38 where the court of wards withdraws its superintendence withtram the estate of a ward under this act, the fact of such with· drawal to drawal shall be notified in the official gazette and in such other man- be ootuled :as ner as the central government may, by general ot' special orde!', gin oficlal di t azette rec  39 an appeal shall lie from every order other than an order of a appeals civil court passed under this act, whether original or on appeal,-(a) if the order is that of a commissioner, special oftlcer or a board, to the central government; 30 (b) if the order is that of a collector or a deputy commismoiler, to the commissioner; (c) in all other cases, to' the collector or the deputy commissioner of a district: provided that in no case shall a third appeal lie 3s  chapter vii miscellaneous40 all orders or proceedings under this act, other than orders or control of proceedings of a civil court, ahall be sulbject to the supervision and central 40 control of the central government; and the central govemment :,em iila7 if it thinks fit, revise, modify, or reverse any such oii'der or proceeding, whether an appeal is presented against such order or proceeding or not dele8&-lion of tudctiodi by central government 41 the central government may, by notification in the official gazette, direct that the functions exercisable by it under this act 5 shall, in such circumstances and under such conditions, if any as may be specified in the notification, be exercisable also by an oftlcer subordinate to that government or by a state govemment or by an office:1' sulbordinate to a state government power to compel attendanee of witneaes 42 for the purposes of this act, the court of wards may sum- io mon and enforce the attendance of any witness and compel him to give evidence, and compel the production oj documents, by the same means and, as far as may be, in the same manner, as is provided in the case of a civil court by the code of civil procedure, 190& & of 1808 bar of suit 43 no suit s~all be ·brought in any civil court against the court is of wards or any public servant or person duly appointed or authorised under this act in respect of anything in good faith done or intended to be done under the provisions thereof or the rules made thereunder: provided that any tenant from whom an arrear of rent has been 20 recovered under section 24 may ::-lie for recovery of the amount (lr any part thereof, so recovered " (1) the central government may, by notification in the om-cial gazette, make rules to carry out the purposes of this act (2) in panicular and without prejudice to the generality of the 25 foregoing power, such rules may-power~ central government to make rul • (a) prescribe the matters to which regard shall be had in appointing or removing guardians and managers, idd in fbddg their remuneration, and their powers and duties; (b) regulate the fonn, conditions and amount of security, 30 and the number of sureties, if any, to be given by the managers appointed by the court of wards; , (c) prescribe the cases in which proposals or arnngemente connected with the administration of the estates of wards shall be reported for the sanction of the central government; 3s (c1) prescribe the accounts and other returns, and the form and other particulars thereof, which shall be rendered by the ;, court of wards to the central government and to the court of wards; (e) regulate the custody of securities and title-deeds belonging to the estate of a ward; (f) regulate the procedure in inquiries and appeals under this act, fix the periods of limitation which shall apply to such s appeals and the fees payable in respect of such appeals; (g) prescribe the mode in which powers delegated to managers and officers are to be notified for the information of persons concerned; (h) prescribe the mode in which any expenses incurred by 10 the court of wards, or any revenue officer under any power conferred by this act may be recovered; (i) generally prescri'be the manner in which the powers add duties of the court of wards under this act shall be exercised and performed is (3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it 11'1 in session for a total period of thirty days which may be compriseci in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately follow-20 ing both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modlfted form or be of no effect, a the case may be; so however that any such modiftcatioa ar annulment shall be without prejudice to the validity of anything previ-25 ously done under that rule 45 (1) the enactments specified in column 2 of the schedule repeal shall, to the extent to which they confer powers and functions in and relation to the estates of rulers of indian states, stand repealed in lavin  the state or union territory specified in the corresponding entry in 30 column 1 thereof or, as the case may be, in any part or parts of that state or union territory where that enactment is in force (2) notwithstanding such repeal, anything done or any action taken under the provisions of any enactment specified in the schedule shall, in so far as such thing or action is not inconsistent with 3 s the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or when such action was taken and shall contfnue in force accordingly until superseded by anythfng done or any action taken under this act  the schedule (see section '5)state or union terrttory enactments 2 andhra pradab the andhra pradesh (andhra area) , court ot wards act, 1902 (l of 1902) gujarat the bombay court ot warda act, 1905 (1 ot 190~) kerala the madras court at wards act, 10 '1902 (i of 19(2) madhya prademl  the central provinees court ot wards act, 1899 (xxiv of 1898) the madras court of ward act, 1902 (l of 19(2) 15 maharahtra (i) the bombay court ot ward act, 1905 (1 of 1805) - (ii) the central provineea court of w8l!cls act, 1899 (xxiv of 1899) 10 mflora (i) the madrae court of wards act, 1902 (i of 1902) (ii) the bombay court of wards act 1905 (i of 1905) the oriua court ot warda act, 1"" 25 (xxvi of 1947) west benlal the court of wards ad, 18'19 (ix of 1879) manipur the court of ward act, 1879 (bengal act ix of 1879),  extended to 30 manlpur himachal pradmh the punjab court of wards act, 1903 (punjab act n ot 1903), as extended to himaehal ptadelb  statement of objects and reasons" when the ruler of a former indian state is a minor or is otherwise incapable of maooging his estate, the need arises to place his estate under the supervision of a court of wards according to the constitution, the power to enact laws relating to courts of wards for the estates of rulers of indian states is vested in parli'lment no such law has yet been enacted this has given rise to some inconvenience and it is proposed to remedy the situation by enacting this bill  , the notes on clauses explain the important provisions of the bill new'delhi; gulzari lal nanda the 4th september, 1964  president's recommendation under article 117 of the constitution of india[copy of letter no f 21/5/64-poll iii, dated the 5th september, ]964 from shri jai sukh lal hathi, minister of state in the ministry of home affairs to the secretary, lok sabhs] the president, having been informed of the subject matter of the court of wards (rulers of indian states) bill, 1964, recommends consideration of the bill in the lok sabha under article 117 (3)  of the constitution of indie 940 (b) ls-4  chapter iiclawe 3 provides for the constitution of the collector or the deputy commissioner as the court of wards within his jurisdiction and also authorises the appointment of it commissioner or a special oftlcer or a board to be e court of wards clause 5 specifies the faetorf; or circumstancs which should be deemed to disqualify a ruler to manage his estate clause 6 lays down the procedure to be followed before a ruler is declared to tbe disqualified to manage his estate provision hi) been made for an inquiry before the declaration and for giving to the ruler an opportunity to show cause against the proposed declaration clause 8 enables 0 ruler to apply to the central government teo have his estate placed under the superintendence of the court of wards  clauae 9 provide for the custody and protection of the estate of a ruler if there is any doubt or dispute relating to succession but this power can be exercised only by the central government gnd the steps necessary for such custody end protection will be taken by the court of wards on the issue of a direction by the central government in cases where the court of wards itself feels 1mat a pel'ioll recognised as the successor of a deceased ruler is, or should be declared to be, disqualified to manage his estate, the court may, on its own motion, take necessary action for the temporary custody and prottiriion of the estate of such ruler clause 11 i7ltet alia makes it clear that whenever the court of wards assumes the superintendence of the estate of any ruler, such superintendence will exltend to the whole of the property, movable and immovable, comprising the estate of such ruler including property, if any, of whose existence the court may not be aware  chap'l'er iiiclause 13 imposes an obllgation on the court of wards to require all p~rsons having claims against the estate to submit the claims in writing to the court wilhill a specified period clause 14 authorises the court of wards to call upon all claim· ants to furnish full particulars and to produce all documents on which they rely in support of their claims clause 15 provides for the investigation of claims and for the ascertainment of the amounts payable under each claim claube 16 imposes a temporary ban on the execution of d~ againat the ward or his estate subsequent to the publication by the court of wards of the notice inviting persons to submit cleims against the estate consequent upon the temporary stay of the execution of decrees provided in this clause, ,provision has been made for saving the period of limitation clause 17 pnables the central government to direct the court of wards to withdraw its superintendence where it appears to the central government that the estate is involved beyond all hope (if extrication and specifies the consequences of such withdrawal  chapter ivclouae 18 provideb for the delegation by the court of wards of its powers and it allo empowers the court to exercise all or any of its powers through certain revenue omcers clauses 19, 20 and 21 provide for the appointment by the court of wards of a manager of an estate and specify the powers and functions of such manager clause 22 enables the court of wards to detennine the'amounts that should be anowed in respect of the expenses of the ward and' of his family and dependents clause 23 enables the court of wards to sell, mortgage or otherwise deal with the estate of the ward, subject to certain restrictions rmd limitations clause 24 provides for the recovery of arrears of rents, profits, etc, as arrears of land revenue claiibe· 25 saves the estate so long as it is under the superintend-  edce of the court of wards from liability to sale on account of u'l'eal'll of land revenue, but this will not affect clause 26 ckz'use 26 constitutes all expenses incurred in respect of the estate of a ruler hy the court of wards as a charge upon the estate and renders it recoverable as 'lrrears ·of land revenue clause 27 enqbles the court of wards to claim exemption of the estate for a specified period from attachment and sale etc, by a court clause 28 bars all suits relating to the estates of wards in respect of which at least two months' prior notice has not been given to the court of wareis clause 33 confers power on the court of wards acting through the collector or the deputy commissioner to state a case for the opinion of a civil cqurt whenever any question arises between two or more ~rds which ~s of such a nature that adjudication by a court of law is considered expedient  chapter vciauses 34 and 35 impose i!ertain disabilities on the ward in respect of his dealings with the estate and prohibits the making by any ward of any adoption or will oove with the sanction of the central government  chaprer vi ·cl~ube 36 enumerates the circumstances under which it will be ·~bligatory on the court of wards to withdraw its superintendence of the estate of a ward clfjuse 37 empowers the court of wards to appoint a guardjan of the estate before the court withdraws its superintendence clause 39 provides for appeals from orders of any authority other than a civil court and makes it clear that there shall be no third appeal  cha,pter viiclause 40 vests in the central government control over the court of wards and also enables the central government to revise the orders of the court of wards clause 45 provides for the repeal of emctmentstn force in certain states and union territories in so far as they confer powers and functions in relation to the estates of rulers of indian states most of those enactments, which were in force even before the c'jmmencement of the constitution, continued to be in force after such commencement by virtue of article 372 of the constitution in the absence of any separate enactment relating to the court of wards for estates of rulers of indian states, those enactments were adapted so as to confer on the central government the executive authority under them in relation to such estates the schedule contains the list of enactments to be repealed in part clause 3 of the bill constitutes the collector or the deputy commissioner of the district as the court of wards within his jurisdiction and the proviso to that clause erebles the central government, if it thinks fit, to appoint a commissioner or special officer or a board to perform the functions of the court of wards in certain cases the expenses incurred by the court of wards would in the first instance have to be met from central revenues again, clause 6 provides for the making of an inquiry into the circumstances and conditions of a ruler believed to be disqualified to manage his estate such an inquiry will be held by an officer appointed by the central government on the basis of the report of the inquiry officer, the government mayor may not decide to fake over the estate of a ruler under the court of wards where the estate of a ruler is taken over under the court of warels, a'll expenses incurred by the court of wards in respect of that estate will by virtue of clause 26 form a charge upon the estate and will be recoverable as arrears o! land revenue however, the expenses incurred in the initial stages, that is, before the estate is taken over, and the expenses incidental to such taking over, including the holding of an inquiry, would have to be met from the consolidated fund of india in the first instance this expenditure will be reimbursed from the estate if it is eventually taken over und~r the court of wards in certain cases, it is possible that the results disclosed by the inquiry contemplated by clause 6 may not be such as to justify the central government directing that the management of the estate be taken over by the court of wards the expenses of the inquiry which will have to be met from the consolidated fund of india, will not in such cases be reimbursable since there would be no estate from :whose revenues it could be claimed at present it is not possible to foresee what the expenditure on this account is likely to be as it depends upon the number of inquiries to be cod-ducted and the decision in each case however, the amount is not !xpected to be substantial  memorandum regarding delegated legislationclause 44 of the bill empowers the central government to make rules for carrying out the purpose of the act the matters with reepect to which such rules may be made relate, inter alia, to the appointment or removal of guardians and maoogers by the court df wards, their remuneration, powers and duties, the cases in which sanction of the central government is required regarding proposals or urrangements connected with the administration of the estates of wards, the accounts and returns which should be rendered to the court of wards, and the form and other particulars thereof, the custody of securities and title deeds belonging to the estate of a ""rd, the procedure in inquiries and appeals and the fees payabie in respect thereof and the recovery of expenses incurred by the court of wards these are matters of procedure or administrative detail the delegation of legislative power is thus of a normal charecter :\ bill to provide for the superintendence of the estates of th~ rulers of indian states by the oluft of wards in certain cases (shri- gulzarilal nanda minister of hqme affairs) 