Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Bengal Presidency - Section

Section 47 in Court of Wards Act, 1879

47. Court may order guardian or manager to make over property. - The Court may order any past or present manager or guardian, or past or present officer subordinate to a manager or guardian, to deliver up his accounts or any property which may be in his possession within such time as may be fixed by the Court.

[48 Application of moneys received by manager. - All moneys received by the manager [of the estate of a proprietor] shall be applied to the purposes hereinafter mentioned, in accordance with such instructions as the court may from time to time give in that behalf.]Unless the Board of Revenue shall specially otherwise direct, priority shall be given to the purposes included under Class I over those included in Class II, and priority shall be given to the purposes included in Class II over those included in Class III.Class IThe payment of all charges necessary for the maintenance, education and religious observances of the ward and his family, for the management and supervision of the property of the ward, and the discharge of the instalments of Government revenue and of all cesses and other public demands from time to time due in respect of such property or any part of such property.Class IIThe payment of all rents, cesses and other demands due to any superior landlords in respect of any land held on behalf of the ward, the liquidation of debts payable by the ward, the payment of all expenses which may be necessary to protect the interests of the ward in the Civil Courts or otherwise the maintenance in an efficient condition of the estates, buildings and other immovable property belonging to the ward, and the payment of such religious, charitable and other allowances as were paid out of the proceeds of the property before it came under the charge of the Court, and such allowances and donations befitting the position of the ward's family as the Court may authorize to be paid.Class IIIThe improvement of the land and property of the wward and the benefit of the ward and his property generally:[xxx][49. Disposal of surplus moneys. - If the ward is a female of sound mind, who has completed her age of twenty-one years, or a male who has completed his age of twenty-one years whose property [is under the charge of the Court under clause (e) of section 6, or under the second clause of section 10], no part of the surplus mentioned in the proviso to the section immediately preceding shall be expended by the Court otherwise than in the liquidation of debts or in the improvement of the lands or property as aforesaid.Any portion of such surplus remaining, after provision has been made for such purposes shall be paid to such ward:Provided that, before paying any portion of such surplus to such ward, the Court may deduct therefrom and retain at its disposal any sums which it may consider necessary to retain-
(1)as a working balance for the management of the property and expenses incidental thereto;
(2)in order to make provision for any special charges which are expected to become payable on account of the property, and which probably cannot be met from the expected surplus of the following years.]