6. [ Power of the Court to take charge of property of certain persons. [Substituted by Section 5 of Bihar Act 4 of 1940.]
(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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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] [Substituted by the Adaptation of Laws Order.] 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.]
