1.     (1) This Act may be called the Punjab Court of Wards Act, 1903.

Title, extent and commencement.

    2.     (1) The enactments specified in the schedule are hereby repealed to the extent mentioned in the third column thereof.

Repeal.

    3.     In this Act unless there be something repugnant in the subject or context, the expression-

Definition.

    4.     [5][(1) The Commissioner of the Division within the limits of which may ward ordinarily resides, or any property of any ward is situate, shall  be the Court of Wards in respect of the persons and the property of such ward:

Constitution of the Court of Wards and its jurisdiction.

    5.     (1) Any land-holder may apply to the [11][Provincial Government] 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 [12][Provincial Government] may, if it considers it expedient in the public interest so to do, make an order accordingly.

Power of Provincial Government to make order, in certain cases, directing the Court of Wards to assume superintendence of properties of land-holders.

    6.     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.

Power of Court of Wards of its own motion, to assumes superintendence.

    7.     (1) When, in respect of any land-holder an order is made by the [17][Provincial Government] 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 Deputy Commissioner 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, 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 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.

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.     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 superintendence of the property of one or more, but not all, of such proprietors, the Court of 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.

Properties of which there are more proprietors than one.

    9.     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 [18][Official Gazettee] and shall specify in the district the Deputy Commissioner of which shall be put in charge on behalf of the Court of Wards.

Notification of assumption of superintendence.

    10.   Every order made by the Court of Wards assuming, under section 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.

Operation and finality of orders made under section, 6,7 and 8.

    11.   (1) For the purpose of satisfying himself as to whether, in respect of any land-holder,-

Inquiry by Deputy Commissioner in order to satisfy himself as to whether action should be taken under this Act.

    12.   (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 Deputy Commissioner may exercise all or any of the powers of a Civil Court under the [20]Code of Civil Procedure.

Procedure in inquires.

    13.   (1) Upon the publication of 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.

Vesting of property of ward in the Court of Wards.

    14.   No land under the Superintendence of the Court of Wards shall be sold for arrear of revenue accruing while such land is under such superintendence.

Non-liability of land vested in the Court of Wards to sale for arrears of revenue.

    15.   No ward shall be competent,-

Disabilities of wards.

    16.   (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 [21][Provincial Government] to alienate the whole or any part of the immovable property which has been so released, in anyway, or to create any charge upon any such property extending beyond his lifetime, 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 viod.   

Continuing disabilities in certain cases.

    17.   (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 farms of the whole or any part of such property for such remissions of rental or other 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.

Power of the Court of Wards to act on behalf of wards and to deal with their properties

    18.   (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 on its own name.

Deeds and other instruments.

    19.   No suit relating to the person of any ward or to any property under the superintendence of the Court of Wards shall be instituted 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 Deputy Commissioner 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, the cause of action, and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left:  

Notice of suits.

    20.   (1) No suit (a) by or on behalf of a ward, or (b) affecting any property under 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, as in every such suit brought with such authority the Court of Wards shall be named as plaintiff.

Suits to be in name of Court of Wards.

    21.   As soon as conveniently may be after the assumption, by the Court  of Wards, of the superintendence of the property of any person, the Deputy Commissioner of every district within which any part of such property may be situated, 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.

Court of Wards assuming superintendence of the property to take possession thereof. Procedure as to property situate in other districts.

    22.   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:

Power of Court of Wards as to superintendence control audit of accounts and management of legal affairs of wards and properties.

    23.   The Court of Wards my from time to time regulate the expenses to be incurred in the supervision, care and management of the ward 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 such establishment, are, or have been entertained or such expenses have been incurred.

Power of Court of Wards to charge expenses against properties under its superintendence.

    24.   (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.

Residence and education of wards.

    25.   (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 dependants.

Allowance for ward and his family.

    26.   (1) On the publication of notification under section 9 the Deputy Commissioner of the District specified in the order of assumption or any other Deputy Commissioner whom the Court of Wards may appoint in that behalf shall publish in the [23][Official Gazettee] 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 Deputy Commissioner within six months from the date of the publication of the notice.

Notice to claimants.

    27.   (1) Every claimant shall, together with his statement of claim, present full particulars thereof.

Presentation of claims.

    28.   The Deputy Commissioner shall, after such inquiry as he may consider necessary, decide as to each claim made against any ward or 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.

Examination into, admission and rejection of claims.

    29.   Every debt or liability (other than debt due to, or liabilities incurred in favour of, [24][Government] to which any ward is subject, or with which 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 Deputy Commission within the time and in the manner hereinbefore prescribed, shall, subject to the provisions of section 7 and section 13 of the  [25]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 after wards, to have been duly discharged:

Bar of claims not duly notified.

    30.   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.  

Exclusion of documents not produced.

    31.   (1) Nothing contained in this chapter shall be deemed to empower the Deputy Commissioner 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.

Decrees against wards or their properties and their execution.

    32.   (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, in any competent Court, in respect of any claim which has been duly notified, within the time and in the manner herein before prescribed, to the Deputy Commissioner, and which has, whether in whole or in part, been disallowed by him, but no suit shall at any time be brought or be maintainable in respect of any claim which has been not 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 in which claims against the ward or properties under the superintendence of the Court of Wards shall be paid.

Saving of right to sue in certain cases.

    33.   No appeal shall lie from any decision given or order made by a Deputy Commissioner 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.

Appeal and revision.

    34.   For the purposes of this chapter, the [28][Provincial Government], may, at any time or at any stage of any proceedings there under, invest any person with all or any of the powers of a Deputy Commissioner.

Provincial Government may confer the powers of Deputy Commissioner on any person.

    35.   (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 female 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.

Appointment, removal and control of guardians and tutors.

    36.   No person who would be the next legal heir of a ward, or would otherwise be immediately interested in outliving award, 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.

No person who can succeed to ward to be appointed guardian.

    37.   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,-

Duties and responsibilities of guardians.

    38.   The Court of Wards may appoint one or more managers for any properties under its superintendence and may control and remove such managers.

Appointment, control and removal of managers.

    39.   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 wards or person whose property he manages, and to grant receipts therefore; 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.

Powers of managers.

    40.   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,-

Duties and responsibilities of managers.

    41.   The appointment of every guardian or manager appointed under this chapter, shall terminate on the Court of Wards ceasing 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.

Termination of appointment of guardian or manager.

    42.   (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 [30]Indian Penal Code 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 and every such guardian shall be deemed to be a Public Accountant within the meaning and for the purposes of section 3 to 5 of the Public Accountants Act, 1850.

Guardians and managers to be deemed to be public servants and mangers and certain guardians to be deemed to be public accountants.

    43.   If no such guardian or manager is appointed by the Court of Wards, the Deputy Commissioner of the District specified in the order of assumption in the notification under section 9 or any other Deputy Commissioner 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.

Deputy Commissioner when to discharge the duties of guardian or manager.

    44.   The Court of Wards may, at any time, release any person or property or both, from its superintendence:

Power to release from superintendence.

    45.   (1) Whenever a ward dies or ceases to be under any legal incapacity, and his property is, at the time to 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 [33][Provincial Government] retain it or any part thereof under its superintendence until such debts and liabilities have been discharged.

Retention of superintendence of property until discharge of debts.

    46.   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:

Retention of superintendence where there are more proprietors than one.

    47.   (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.

Appointment of guardian on release of minor.

    48.   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 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.

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

    49.   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.

Delivery of documents and accounts on release of property.

    50.   Whenever the Court of Wards releases any person or property from its superintendence, the fact of such release shall be notified in the [34][Official Gazette] and such release, shall take effect from the date fixed in this behalf in the notification.

Notifications as to release from superintendence.

    51.   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.

Recovery of expenses.

    52.   (1) No suit shall be brought in any Civil Court in respect of the exercise of any discretion conferred by this Act.

Bar of suits and proceedings.

    53.   Every investigation conducted by a Deputy Commissioner 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 [35]Indian Penal Code.

Investigations into matters under Chapters-IV and VII to be considered judicial proceedings.

    54.   The Court of Wards may, with the previous sanction of the [36][Provincial Government] make [37]rules consistent with this Act, regulating all or any of the following matters, namely:-

Power to make rules.

Number and year.

Title.

Extent of repeal.

XXVI of 1854

IV of 1872

XII of 1878

Education of male minors subject to the superintendence of the Court of Wards.

The Punjab Laws Act, 1872.

Amendment of the Punjab Laws Act, 1872.

The whole so far as it applies to the Punjab.

Section 34 to 38, inclusive.

Section 3 and 4.