Bare ActsThe Tamil Nadu Court of Wards Act, 1902

Section 33

Amendment status not verified — confirm the current text below against the official source.

Any surplus which remains after providing, so , to be dealt far 85 the Court deems fit for the objects mentioned in with, section 32, shall be .applid in the purchase of other landed propcrty, or invostcd at interest on the security of- (a) promissory notes, debentures, stock and other securities of tho l[Ccntral Government] ; 2 [ ( B ) bonds, dobenturcs and annuities charged by the Pwliaincnt of tho Unitcd Icingdom before the 15th day of August 1047, on thc revenues of India or of the Governor-Gcneral in Cou~lcil or of any Provinco ;I (c) stock, or debentures of, or shares in, railways or other companies, the interest whereon has been guaranteed by the Secretary of State for India, in Council ; . (d) debentures, or other securities for money, issued by, or on behalf of, any local authority under the authority of "any Central Act, any Provincial Act as defined in clause (46) of section 3 of the General Clauses Act, 1897, or '(any State Act)] ; -- . -- - .- I These words wore substituted for the words "Government of .Ind~a" by tho Adaptation Order of 1937. 2 This clauso was substit~~tod by the Adaptation (Amendment) Order of 1950 for tho original clause as amended by the Adaptation Ordor of 1937. 3 Tho words, letters, figures and brackets " any Central Act, any Proviticial Aot as defined in clause (40) of scotion 3 of tllu General Clauses Act, 1897, or any Aot of tho Legislature of a Part A State or a Part C Stah" wero substituted for the words "any Act of a Legislature, established in British India " by the Adaq; !tation (Amendment) Order of 1950 and tho wofds " any State Act were substituted for the words and letters " any Act of the Legie. eture of a Part A State or a Part C State " by seotion 4 of, end the ~ h i r d Schedule to, the Tamil Nadu Repealing and A-dicg Aet, 1967 (TamilNadu Aot XXV o f 1957). -. .--. .= 1902 : T.N. Act I] Court of Wards 4 87 (e) such other securities, stock, or shares guaran- teed by the l[Central Government] or the =[State Government] as the Court shall deem fit ; or, , Cf) first mortgages of immovable property situab in SIIndia] provided thab the property is not a, lease- hold for a term of years and that the value of the property exceeds by one-third or if consisting of buildings, exceeds by one half, the mortgage-money. 4 [84. (I)]. A ward shall not be competent- Disabilities of wards. (a) to transfer or create any charge on, or interes* ' in, any part of his property which is under the superin- tendence of the Court, or to enter into any contract or to make any acknowledgment involving him in pecuniary liability personally or in respect of such property ; but nothing in this clause or in section 23 shbll be deemed to affect the capacity of a ward to enter into a contract of marriage : provided that he shall not incur in connection therewith any pecu- niary liability, except such as, having regard to the personal law to which he is subjeat and to his rank and circumstances, the Court may, in writing, declare to be reasonable ; - 1 These worde were substituted for the worda " Government of India " by the Adaptation Order of 1937. a The worde '' Provinoial Q~vernment " were substituted for the words " Looal,.kvernment by the Adaptat5n Order of ,!937 and the word State " was substituted for Provincial by the Adaptation Order of 1960. a The words and lettera " e Part A State or Part C State " were substituted for the words " British India by the A$pta- tion (Amendment) Order of 1960, and the word " India was substituted for these words by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil Nadu Act XXV of 1967). In so far as this Act applies to the added territories, this word was substituted for the words, figures and letters "any part of India which, immediately before the 1st day of Np~ember 1968, was oomprised in a Part A State or a Part C State by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) $xteneion of Laws (No. 2) Act. 1961 (Tamil Nadu Act 39 of 1981). 'Seotion 34 wae renumbered tlsl sub.section (1) of section 84 by seotion 2 of the Madras Court of Warda (Amendment) Act, 1.933 (Madree Act XVU of 1933). I Court of Ward8 [I902 : T.N. Act I (b) i o grant valid receipts for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate ; (c) to adopt or to give a written or verbal permis- sion to adopt, without the consent of the Court ; (d) to dispose of his property by will without the oonsent of the Court : Provided first, that the Court , shall not with- hold its oonsent under clause (c) or (d) if the adoption or testamentary disposition is not oontrary to the personal or special law applioable to the ward, and does not appear likely to muse pecuniary embarrass- ment to the property, or to lower the influenoo or respectability of the family in publio estimation : Provided, secondly,that the Court may confirm a will or an adoption made, or a permission to adopt given, without its previous consent : Provided thirdly, that the provisions of clauses (c) and (d) shall not apply to any proprietor in regard to whose property a declaration has been made under seotion 18. l[(2) No claim under aection 68 of the Indian &ntrel Contract Act, 1872, shall be enforceable against ~ c t xI ' the property of a ward which is under the superin- Of 18720 tendence of the Court ; but the Court rhay, in its diicretion, satisfy in whole or in part, any such olaim.] Powers of Court as to

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