Act Number: 24

Act Name: The Central Provinces Court of Wards Act, 1899

Year: 1899

Enactment Date: 1899-10-13

Long Title: An Act to consolidate and amend the law relating to the Court of Wards in the Central Provinces.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 34: Withdrawal of superintendence of Court of Wards.
     (1) The Court of Wards may, with the sanction of the Local Government, at any time withdraw its superintendence from the person or property, or both, of a Government ward, and shall withdraw its superintendence as soon as,--
         (a) in the case of a person disqualified under clause (a) of section 5, sub-section (1), he attains his majority;
         (b) in the case of a person disqualified under clause (b) of the same, he ceases to be of unsound mind and incapable of managing his affairs;
        (c) in the case of a person disqualified under sub-clause (i) of clause (c) of the same, his physical or mental defect or infirmity is removed or ceases:
    Provided as follows:--
            (i) whenever a Government ward lies or ceases to be disqualified and his property is still encumbered with debts and liabilities, the Court of Wards may, with the previous sanction of the Local Government, either release such property or retain it under its superintendence until such debts and liabilities have been discharged; and,
            (ii) if one or more of the proprietors of a property remain disqualified, although another or others may have ceased to be disqualified, the Court of Wards may, with the previous sanction of the Local Government, retain the whole of the property under its superintendence, paying any proprietor who has ceased to be disqualified, the surplus income accruing from his share of the estate.
    (2) Where any question arises as to whether the superintendence of the Court of Wards should be withdrawn from any person or property, or both, under clause (a), or from any property under clause (c), of sub-section (1), the decision of the Local Government thereon shall be final, and no suit shall be brought in any Civil Court in respect of such decision.
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