5B. Court of Wards Advisory Committee. - (1) There shall be constituted a committee to be called the Court of Wards Advisory Committee which shall consist of three members, of whom-
(a)one shall be a person elected by the members of the Bihar Legislative Assembly representing the Landlords' Constituencies of the said Assembly and the member of the Legislative Assembly representing the Bihar and Orissa Landholders' Constituency of the Legislative Assembly;(b)one shall be a person elected by the Bihar Landholders' Association; and(c)one shall be a servant of the [Government], not below the rank of District Judge, nominated by the [State] Government by notification.(2)The members referred to in clauses (a) and (b) of sub-section (1) shall be elected in accordance with rules made under this Act, and shall hold office for one year from the date on which their election is published in the Official Gazette, and the member nominated under clause (c) of the said sub-section shall hold office for such period as may be specified in the notification nominating him.(3)If either of the electorates mentioned in clauses (a) and (b) of sub-section (1) fails to elect a person within the time fixed by rules made under this Act, the [State] Government may require such electorate to elect a person within the time fixed by rules made under this Act, and if such electorate fails, on being so required, to elect a person, the [State] Government shall nominate a person, to be a member under clause (a) or clause (b), as the case may be. A person nominated to be a member under this sub-section shall hold office for one year from the date of the order nominating him.(4)The [State] Government shall publish the names of the members elected under clauses (a) and (b) of sub-section (1) in the official Gazette.][6. Power of the Court to take charge of property of certain persons. - (1) The Court shall have power to take charge of the property of the following proprietors or trustees:-(a)female proprietors declared by the Court incompetent to manage their own property;(b)proprietors declared by the Court to be minors;(c)proprietors adjudged by a competent Civil Court to be of unsound mind and incapable of managing their affairs;(d)proprietors who apply to the Court to have all their immovable property and such part of their movable property as they may specify placed under the management of the court, if the court, on being satisfied that it is expedient in the public interest that such property should be managed under the direction and control of the Court, directs that such property be so managed ;(e)trustees who apply, in the manner hereinafter mentioned, to the [State] Government to have property which they hold in trust placed under the management of the Court of Wards, if the [State] Government, on being satisfied that it is expedient in the public interest that such property should be managed under the direction and control of the Court, directs that such property be so managed ;(f)proprietors declared by the [State] Government to be incapable of managing or unfitted to manage their own property owing to any physical or mental defect or infirmity unfitting them for the management of their own property; and(g)proprietors declared by the [State] Government to be incapable of managing or unfitted to manage their own property-(i)owing to their having entered upon a course of extravagance, or(ii)owing to their failure without sufficient reason to discharge debts and liabilities due by them:Provided that no declaration shall be made-(i)under clause (g) in respect of any proprietor, except on an application made to the [State] Government by a relation of such proprietor;Explanation. - For the purposes of this proviso the word 'relation' shall mean a coparcener in a joint Hindu family governed by the Mitakshara or Mithila law or an heir or any person having a reversionary interest in the property of such proprietor.(ii)under clause (f), unless the case of any such proprietor under clause (g) unless the application aforesaid, has been referred by the [State] Government to the Court of Wards Advisory Committee and the Committee, after such inquiry as it thinks fit, recommends, within such period as the [State] Government may fix, that it is expedient that the Court should take charge of the property of such proprietor;(iii)under sub-clause (i) of clause (g), unless the [State] Government is satisfied that such extravagance is likely to lead to the dissipation of the property;(iv)under sub-clause (ii) of clause (g), unless the [State] Government is satisfied that the failure to discharge such debts and liabilities is likely to prejudice the interests of the property of such proprietor.(2)No declaration under clause (f) or (g) of sub-section (1) shall be made until the proprietor has been furnished with a detailed statement of the grounds on which it is proposed to take charge of his property and has had an opportunity of showing cause why such declaration should not be made.][6A. Finality of order of State Government, in case of certain disputes- If the right of the Court of Wards to assume or retain charge of the property of any proprietor mentioned in clause (a), (b), (c), (f) or (g) of sub-section (1) of section 6 is disputed by such proprietor, or, if he be a minor or of unsound mind, by some person on his behalf, the case shall be reported to the [State] Government whose orders thereon shall be final and shall not be questioned in any Civil Court.
