Bare ActsThe Tamil Nadu Court of Wards Act, 1902

Section 45

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

(1) In the case of any specified ward of th: ~~~~~0 Court, the '[State Government] may 2[* * * * tramfernd to * * * * * *] declare by notification in the Coll~tor irk Official Gazette that execution of decrees passed by c-in cas:81. civil courts, which are capable of execution by sale of any immovable property of such ward, or which in pursuance of a contraot speoifiaally affecting any ' such immovable property order the sale of the same, whether such decrees be pasged prior to such notification or subsequent thereto, shall be transferred to the Colleotor of the district in which such property or any portion thereof is situate and rescind such notification : Provided that when a portion only of a decree passed by a civil court is of the description aforesaid, . suoh portion alone shall be transmitted to the Collector for execution. (2) The l[State Government] may also notwithstanding anything contained in the Code of Civil Procedures prescribe rules for the transmission -- 1 The words " Provincial Government " were substituted for the worda "Local Government" by the Adaptation Ordef; of 1937 and the word "State " was substituted for "Provincial by the Adaptation Order of 1980. 'The words "with the previous sanction of the Governor- General in Council" were omitted by the Devolution Aat, 1920 (Central Act XXXVIII of 1920) First Schedule-Part iii. a See no^ Central Act V of 1908. Oourt of .Wards 11902: T.N. Act 1 of the deoree from the oivil oourt to the Colleotor, and for regulating the prooedure of the Colleotor in executing the same, and for retransmitting the deoree from the Colleotor to the oivil oourt. (3) Rules under this seotion may oonfer upon the Colleotor or any gazetted subordinate of the Colleotor all or any of the powers whioh a oivil oourt might, exeroise in the exeoution of the deoree if the exemtion thereof had not been transferred to the Colleotor, including the powers of the oivil oourt under seotions 294 and 312 of the Code of Civil Pro- Central oedurel and may provide for orders passed by the A C ~ ~ X Colleotor or any gazetted subordinate of the Colleotor of 1882. or orders passed on appeal with respect to such orders, being subjeot to appeal to and irevision by superior revenue authorities as nearly as may be as the orders passed by the oivil oourt, or orders passed on appeal with respeot to suoh:orders, would be subjeot to appeal to and revision by appellate or revisional oivil oourts under the Code of Civil Pmoedurel or other law for EgV the time being in force if the deoree had not been JF 1882. transferred to the Collector. (4) A power oonferred by the rules upon the Colleotor, or any gazetted subordinate of the Colleotor, or upon any appellate or revisional authority, shall not be exeroisable by the oivil oourt whioh passed the transferred deoree or by any oivil oourt in exeroise' of any appellate or revisional jurisdiotion which it has with respeot to deorees or orders of the aforesaid oivil oourt. (6) In exeouting a deoree transferred to the Collwtor fa Colleotor under this seotion the Collecttor shall be whomexecution deemed to be aoting judioially within the meaning of decree has of the Judioial Offioers' Prohtion Act, 1860. Uentrsl . been tranrdemd &t X V to aeeee to dia-

Section 45 – The Tamil Nadu Court of Wards Act, 1902 | DailyLaw.ai