40. Withdrawal of superintendence of Court of Wards.
(1)Where superintendence has been assumed in pursuance of an order under section 9, sub-section (1), the Court of Wards shall withdraw such superintendence as soon as, in the opinion of the [Provincial Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.], the property is free from embarrassment.(2)The Court of Wards may, with the sanction of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] 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, in the opinion of the District Court, certified to the Court of Wards.(a)in the case of a person disqualified under clause (a) of sub-section (1) of section 5, he attains or has attained his majority;(b)in the case of a female disqualified under clause (b) of the same sub-section, she is fit to manage her own property;(c)In the case of a person disqualified under clause (c) of the same subsection, he is fit to manage his own property;(d)In the case of a person disqualified under clause (d) of the same subsection, he ceases to be of unsound mind and incapable of managing his affairs; and(e)Where it was assumed under section 4, sub-section (1), in the case of a family which was undivided according to Hindu Law, any co-sharer ceases to be disqualified under sub-section (1) of section 5:Provided, firstly, that -(i)where a Government ward dies or ceases to be disqualified and his property is still encumbered with debts and liabilities, the Court of Wards may, with the sanction of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] retain the said property under its superintendence until such debts and liabilities have been discharged; and(ii)in the case of land-holders [or pension-holders] [These words were inserted by Section 4(2) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).], [who are co-sharers in a family which is undivided according to Hindu law] [These words were substituted for the words, figures and brackets 'referred to in section 8, sub-section (2)' by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] where one or more of the proprietors of a property remain disqualified although another or others have ceased to be disqualified, the Court of Wards may, with the sanction of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government], retain the whole of the property under its superintendence, paying any proprietor who has ceased to be disqualified [from surplus income such portion as shall be proportionate to his interest in the estate] [These words were substituted for the words 'the surplus income according from his share of the estate', of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).]:Provided, secondly, that, where the Court of Wards withdraws its superintendence, such withdrawal shall not affect any contract entered into by the Court of Wards in the lawful exercise of its powers; andProvided, thirdly, that-(a)no person who has once been declared disqualified under clause (c) of sub-section (1) of section 5, and(b)except in the case of any co-sharer other than those signing an application described in section 9, sub-section (2), no land-holders [or pension-holder] [These words were inserted by Section 4 (1) of the Bombay Court of Wards (Amendment) Act, 1913 Bombay 2 of 1913.)] who has been made a Government ward in pursuance of an order under section 9, sub-section (1),shall be competent, on the withdrawal of such superintendence, to transfer or create any charge on or interest in his property or any part thereof for a period beyond the term of his natural life, except with the previous sanction of the Collector.(3)No appeal shall lie from any opinion certified under sub-section (2).
