The Gujarat Court of Wards Act, 1963
gujarat · 1963
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Gujarat Court of Wards Act, 1963
- S. 2Section defines key terms used in the Gujarat Court of Wards Act, 1963, including "Government ward," "District Court," "Land Revenue Code," and "property-holder."
- S. 3Section 3 designates the Collector as the Court of Wards for the district, with the State Government able to appoint alternative Courts of Wards for specific divisions or areas.
- S. 4The Gujarat Court of Wards Act allows the Court to manage a disqualified person's property with state government approval for public benefit.
- S. 5Section 5 specifies conditions under which a person is deemed unfit to manage their own property, barring appeals for certain declarations.
- S. 6Section 6 of the Gujarat Court of Wards Act, 1963 governs the superintendence of property by the Court of Wards over Hindu family shares and disqualified co-sharers.
- S. 7Section 7 allows property-holders to apply for the Court of Wards to manage their property for family benefit if deemed expedient by the State Government.
- S. 8Section 8 authorizes the Court of Wards to take custody and protect property when a property-holder is disqualified, with no appeal.
- S. 9The Gujarat Court of Wards Act allows the Court to oversee both property and person of disqualified property-holders, except married women not living separately from their husbands.
- S. 10The State Government determines which Court of Wards oversees property held by a disqualified or ward property-holder in multiple jurisdictions.
- S. 11Section 11 of the Gujarat Court of Wards Act, 1963 mandates notification and assumes superintendence of a property-holder's entire property upon court assumption.
- S. 12Section 12 mandates the Court of Wards to notify claimants of government wards to submit claims within six months, with extensions for those unable to comply.
- S. 13Section 13 mandates the Court of Wards to request claimants to submit detailed claims and documents, with specific provisions for claims secured by decrees or awards.
- S. 14Section 14 outlines the Court of Wards' process for investigating and deciding on claims against a government ward.
- S. 15Section 15 mandates decree holders to obtain a certificate from the Court of Wards before executing decrees against government wards.
- S. 16Section 16 allows the State Government to withdraw Court of Wards' supervision of a Government ward's property if deemed necessary.
- S. 17Section 17 allows the Court of Wards to delegate its powers to the Collector or other officers with State Government approval.
- S. 18The Court of Wards may appoint a manager of the property of any Government ward under its superintendence
- S. 19Section 19 mandates managers appointed by the Gujarat Court of Wards to provide security, receive allowances, and be liable for losses due to negligence.
- S. 20The Gujarat Court of Wards Act allows the court to appoint guardians for government wards under its care, guided by the Guardians and Wards Act, 1890.
- S. 21Section 21 of the Gujarat Court of Wards Act, 1963 authorizes the Court to manage property and care for Government wards through appointed managers or guardians.
- S. 22The Court of Wards can make decisions about custody and residence for government wards under its care.
- S. 23The Gujarat Court of Wards Act allows the court to determine allowances for government wards and their dependents' expenses.
- S. 24Section 24 mandates the Court of Wards to manage government wards' property diligently and in their best interest.
- S. 25The Gujarat Court of Wards Act allows the sale, exchange, mortgage, or lease of a Government ward's property for their benefit, subject to state government approval for long-term leases and large sales.
- S. 26The Gujarat Court of Wards Act allows summary eviction of occupiers violating land revenue or Act provisions.
- S. 27The Gujarat Court of Wards Act grants the Court of Wards powers to recover rents and dues from property under its supervision.
- S. 28Section 28 prevents sale of court-supervised property for land revenue but allows revenue arrears to be charged first on sale proceeds for other reasons.
- S. 29Section 29 allows the Court of Wards to exempt a Government ward's property from Civil Court processes if insufficient for ward's expenses.
- S. 30Section 30 mandates a two-month notice period before filing a suit for a government ward's person or property with the Court of Wards, except for time-sensitive cases.
- S. 31Section 31 of the Gujarat Court of Wards Act, 1963 appoints the manager or Court of Wards as the next friend or guardian in suits involving a Government ward.
- S. 32Section 32 mandates that costs awarded against a Government ward's guardian in a civil suit be paid from the ward's property held by the Court of Wards.
- S. 33Section 33 of the Gujarat Court of Wards Act, 1963 mandates that legal processes against government wards must be served on their next friend or guardian.
- S. 34Section 34 of the Gujarat Court of Wards Act, 1963 prohibits guardians or managers appointed by the Court of Wards from bringing or appealing suits on behalf of government wards without prior written authorization from the Court.
- S. 35Section 35 of the Gujarat Court of Wards Act, 1963 allows the Court of Wards to file statements in civil courts to adjudicate disputes between government wards, appointing guardians for each ward involved.
- S. 36Section 36 restricts a government ward's ability to transfer property or enter into contracts without court approval.
- S. 37Section 37 mandates State Government consent for a Government ward's will, barring it if contrary to applicable law or causing financial or social harm.
- S. 38The Gujarat Court of Wards Act allows the court to manage disputed property of deceased government wards until rightful claim is proven.
- S. 39Section 39 outlines conditions under which the Court of Wards can withdraw its superintendence over a government ward's property.
- S. 40Section 40 mandates the Court of Wards to notify the withdrawal of its superintendence in the Official Gazette and as directed by the State Government.
- S. 41Section 41 allows appeals from certain orders under the Gujarat Court of Wards Act, specifying where and to whom appeals should be made.
- S. 42Section 42 allows the State Government to oversee and potentially revise court orders under the Act.
- S. 43Section 43 allows the Gujarat Court of Wards to summon witnesses and compel document production like a Civil Court.
- S. 44Section 44 prohibits suits against the Gujarat Court of Wards or its officials for actions done in good faith under the Act, except for eviction or rent recovery cases.
- S. 45Section 45 empowers the State Government to make rules to implement the Gujarat Court of Wards Act, 1963.
- S. 46Section 46 repeals the Bombay Court of Wards Act, 1905 in Gujarat except for certain areas and provisions.