Section 5 in The Central Provinces Court of Wards Act, 1899
5. [ Land-holders to be deemed disqualified in certain cases. [Substituted by the C.P. Act No. V of 1929.]
(1)The following persons shall, for the purposes of Section 4, be deemed to be disqualified to manage their own property, namely:-(a)minors;(b)persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their affairs;(c)persons not being zamindars of zamindaris in a Scheduled district, declared by the District Judge on the application of the Deputy Commissioner of the district in which any part of the property of such persons is situated and after such judicial enquiry as he thinks necessary, to be incapable of managing or unfitted to manage their own property owing to their having entered upon a course of wasteful extravagance likely to dissipate their property;(d)persons declared by the State Government, to be incapable of managing their property owing to-(i)any physical or mental defect or infirmity;(ii)their having been convicted of non-bailable offence and being unfitted by vice or bad character;(iii)their being females; and(e)Zamindars of zamindaris in a Scheduled district declared by the State Government to be incapable of managing or unfitted to manage their own property owing to-(i)their having entered upon a course of wasteful extravagance; or(ii)their failure without sufficient reason to discharge the debts and liabilities due by them :Provided that no such declaration shall be made unless the State Government is satisfied-(a)that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the zamindar exceeds one-third of the average annual profits of the preceding five years; and(b)that such extravagance or such failure to discharge the said debts and liabilities is likely to lead to the dissipation of property.(2)No declaration under clause (e) of sub-section (1) shall be made until the zamindar has been furnished with a detailed statement of the grounds on which it is proposed to disqualify him and has had an opportunity of showing cause why such declaration should not be made.(3)No appeal shall lie against any declaration made by the District Judge under clause (c) of sub-section (1).(4)No suit shall be brought in any Civil Court in respect of any declaration made by the State Government under clause (d) or clause (c) of sub-section (1).]
