[21st
September 1908] In exercise of the powers conferred by section 46 of the Bombay Court
of Wards Act, 1905 (Bom. I of 1905), the Governor in Council is pleased to make
the following rules, namely: (1) These rules may be
called the Bombay Court of Wards Rules, 1908. (2) These rules shall
extend to all parts of the State of Bombay to which the said Act extends but
shall not apply to estates within the area to which the Gujarat Talukdars' Act,
1888, extends, which are or may be hereafter, under the management of the
Talukdari Settlement Officer as the Court of Wards within that area. (3) In these rules
"the Act" means the Bombay Court of Wards Act. 1905. The Court of Wards
may remove any guardian appointed for the person of a Government ward for any
of the following causes: (a) for abuse of his
trust; (b) for continued failure
to perform the duties of his trust; (c) for incapacity to
perform the duties of his trust; (d) for ill-treatment, or
neglect to take proper care of his ward; (e) for contumacious
disregard of any provision of the Act or of any order of the Court of Wards; (f) for conviction of an
offence implying, in the opinion of the Court of Wards, a defect of character
which unfits him to be the guardian of his ward; (g) for having an
interest adverse to the faithful performance of his duties: (h) for ceasing to reside
within the local limits of the jurisdiction of the Court of Wards; (i) in the case of a
female ward, upon her marriage to a husband who is not, in the opinion of the
Court of Wards, unfit to be guardian of such ward : Provided that, the
Court of Wards shall not remove a guardian appointed by will or other
instrument or appointed or declared under the Guardians and Wards Act, 1890,
except with the previous consent of the District Court. The Court of Wards
may award to a guardian such remuneration as, having regard to all the
circumstances of the case, it think fit. Any person interested
in the good management of the property of a Government ward under the
superintendence of the Court of Wards may be appointed manager of such
property. Where for any reason there is no such person available, any person
qualified by character, merit, industry and knowledge may be appointed manager.
A manager may be appointed for property comprising a single estate or
comprising a group of estates within the limits of a single district, as the
Court of Wards, having regard to the size and other circumstances of the estate
or estates may deem suitable. The remuneration of such a manager shall be fixed
by the Court of Wards with due regard to the financial condition and other
resources of the estate or estates placed under his management. A manager appointed
under the Act may be removed for any of the causes for which a guardian may be
removed under rule 2 and for bankruptcy or insolvency and for any special cause
rendering it desirable in the opinion of the Court of Wards that he should be
removed. (1) The amount of
security to be furnished by a manager shall not be less than is sufficient to
cover the maximum receipts which it is estimated may be in the hands of the
manager at any one time. (2) Such security may
consist of a deposit in the Post Office Saving Bank or of a deposit of
Government Promissory Notes or a security bond may be executed in Form A as the
Court of Wards shall deem fit in each case. (3) The Manager shall, if
the amount of the security does not exceed one thousand rupees, furnish atleast
one surety; in any other case he shall furnish at least two sureties. (4) Servants of the
estate, whose duties require them to deal with money, shall furnish such
security as the Court of Wards shall deem fit. Such security shall consist
either of a deposit in the Post Office Savings Bank or. with the approval of
the Court of Wards any such servant may execute a security bond in Form A. (5) A register of
securities furnished shall be kept in the Huzur Treasury office in Form No. I. The following returns
shall be rendered by managers to the Court of Wards :- (1) An inventory of all
the property belonging to each estate on first assumption of management in Form
No. II. (2) A yearly statement of
increase or decrease in the property of each estate and the reasons therefor in
Form No. II. (3) A yearly return of
demands, collections and balances for each estate in Form No. IX. (4) A monthly return of
receipts and payments on account of personal deposits in Form No. V. (5) A monthly return of
receipts and expenditure for each estate in Form No. IV and a monthly abstract
thereof. (6) A yearly budget
estimate for each estate for the year beginning with the 1st August to be
submitted on or before the 1st May in duplicate in Form No. VII. The Court of Wards
shall submit to the State Government an annual consolidated report upon the
estates under its superintendence in Form No. X, with such variations as may
from time to time be prescribed in this behalf by the State Government. (1) All Government
securities and securities the interest whereon is guaranteed by the Central
Government or State Government shall be forwarded to the Deputy Controller of
the Currency, Bombay, for safe custody in cases where it likely that they will
be held for a period longer than five years and interest is intended to be
drawn during the period. All such securities which are likely to be held
for less than 5 years and more than 12 months and the interest thereon is
intended to be drawn during the period shall be forwarded to the Treasury
Officer of the District for safe custody. (2) All securities of the
kind referred to in sub-rule (1) which are likely to be deposited for 12 months
or less or when they are deposited for more than 12 months and when interest is
not intended to be drawn during the period, all securities other than those
referred to in sub-rule (1), all title-deeds, all Savings Bank Pass Books in
which deposits are completed, and all jewellery and ornaments, the use of which
is not permitted to the ward, shall be deposited for safe custody in either the
Taluka or District Treasury, as the Court of Wards may direct. The delegation of
powers to managers shall be notified by notices posted at the offices of the
Collector of the district and of the Mamlatdar of the taluka (and, where the
property is situated in the limits of a petha or mahal, of the Mahalkari of the
petha or mahal) and at the chavdi or other conspicuous place of the village or
villages, in which the property concerned is situated. All expenses lawfully
incurred in respect of an estate shall be debited to and be recovered out of
the income of the estate. The notice prescribed
by sub-section (1) of section 14 of the Act shall also be published in one or,
if the Court of Wards thinks it necessary, in more newspapers. A copy of such
notice shall be sent to each of such persons as are known to be creditors and a
copy of it shall be pasted at the offices of the Collector of the
district, and of the Mamlatdar of the taluka (and. where the ward resides or
any of his property is situated within the limits of a petha or mahal, of the
Mahalkari of the petha or mahal) and at the chavdi or other conspicuous place
of the village or villages, within which the ward resides or within which any
portion of his immoveable property is situated. The Schedule of debts
and liabilities required to be submitted to the State Government by section 18
of the Act shall be accompanied by a report containing a careful review of the
financial position of the estate and shall be accompanied by the following
sub-schedules :- (1) Sub-schedule of
landed properly consisting of villages, shares of villages etc., in the
following form: Details of the property District in which the property is situated Village in which the property is situated Proportional extent of share Area c Total of share Cultivated Rental of share The State Government Revenue and
cesses chargeable on share Area of home farm land in share Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (a) Any encumbrances
ascertained should be noted in the Remarks column. (b) If the share consists
of a fractional right in any undivided property statistics for the whole of the
joint property may be entered in columns 4 to 8, the extent of interest or
share being clearly stated in the column of Remarks. (2) Sub-schedule of house
property and landed property other than that shown in sub-schedule (1). (3) Sub-schedule of
moveable property showing the value of personal property owned by the estate
under the classes "(i) Cash, (ii) Jewels, (iii) Grain, (iv) Other,"
the total amount of the debts and arrears of rent due to the estate and the
amount under each head which is probably recoverable. (4) Sub schedule of
income and expenditure showing the probable average income and expenditure, the
establishment ordered to be employed in managing the estate and the scale of
pay of such establishment, the sums allotted annually for the maintenance of
the ward and his family and for their education, and the instalment by which
the debts, if any, are to be liquidated. (1) A register of
securities in Form No. I. (2) An inventory of all
the property belonging to each estate on first assumption of management in Form
No. II. (3) A day book of
receipts and expenditure for each estate in Form No. III. (4) A classified register
of receipts and expenditure for each estate in Form No. IV (Parts I and II) and
a monthly abstract thereof. (5) A register of
receipts and payments on account of personal deposits in Form No. V. (6) A register of
advances in Form No. VI. (7) The budget as
sanctioned from time to time by the Court of Wards in Form No. VII. (8) A statement showing
the liabilities and progress made in liquidating the debt of each estate in
Form No. VIII. (a) as soon as the
inventory in Form No. II is completed, a copy thereof, and (b) at the end of each
year, a copy of the yearly statement of increase and decrease in Form No. II. The accounts to be
kept by the manager shall be for the revenue year commencing with the 1st
August and ending with the 31st July. The manager shall
promptly pay into the Treasury all collections of money. The manager shall be
given a permanent advance to be fixed in each case by the Court of Wards. All sums required for
expenditure shall be drawn from the Treasury by cheques. Where the Court of
Wards withdraws its superintendence from the property of a Government ward, the
following records and documents shall ordinarily, and subject to the provisions
of rules 21 and 22, be made over to the land-holder, namely : (1) Correspondence between
the Court of Wards and the vendor regarding any purchase of property made on
behalf of the estate, together with all documents affecting the purchase. (2) Correspondence
between the Collector and the purchaser regarding the sale of any property
belonging to the estate, together with all documents affecting the sale. (3) Correspondence
between the Court of Wards and any persons who have any claims against or are
indebted to the estate regarding such claims and all documents appertaining
thereto. (4) Correspondence between
the Court of Wards and lessees regarding leases granted by the Court of Wards. (5) Papers connected with
proceedings in civil, revenue or criminal courts relating to the person or
property of a Government ward. (6) Pattas and all other
documents entered into between the Court of Wards and farmers of forest or
other revenue; and counterparts received from them. (7) Such statement of
accounts as may suffice to show clearly the financial position of the estate at
the time of its release from management. Note. Copies on any
accounts or vouchers will be given on application at the expense of the
land-holder and the examination of the accounts will be permitted to him. (8) Bonds and other
documents securing repayment of money to the estate. The Court of Wards
may, in its discretion, direct that any of the records and documents referred
to in rule 20 shall not be made over to the land-holder, and may in its
discretion, on the application of the landholder, direct that any records or
documents not referred to in rule 20 shall be made over to the land-holder. Without the express
sanction of the Court of Wards none of the following records or documents shall
be made over to the land-holder, namely: (i) Correspondence between
the Court of Wards or manager and any superior authority and reports made by
the Court of Wards or manager. (ii) Correspondence with
and opinions of the Remembrancer of Legal Affairs or Government Pleader and
copies of such correspondence or opinions. (iii) Correspondence
reflecting in any way on the conduct of the Government servants or employees of
the Court of Wards. (iv) Correspondence
relating to the allowances made to or claims preferred by members of the family
of the land-holder. The Court of Wards
may from time to time delegate all or any of its powers to the Collector of any
district in which any part of the property of a Government ward is situated,
and may at any time revoke such delegation : Provided that, the
following powers shall not be delegated without the special sanction of the
State Government, namely: (i) the power to expend
any sum or incur any liability exceeding Rs. 5,000 in amount or value; (ii) the power to
compromise any claim exceeding Rs. 5,000 in value; (iii) the power to raise a
loan of an amount exceeding Rs. 1,000; (iv) the power generally
to revise tenants' rents; (v) the power to remove a
manager in receipt of a salary of or exceeding Rs. 150 per mensem: (vi) the power to sanction
a budget for an estate yielding a gross income of or exceeding Rs. 20,000 per
annum: (vii) the power to sanction
expenditure which has not been provided for in a budget and which cannot be
provided for by re-appropriation; (viii) the power to
prescribe under rule 14 (8) forms of accounts to be kept by managers; (ix) the power to give
sanction to making over to a landholder records which may not be made over
under rule 20 or records which under rule 22 may not without the express
sanction of the Court of Wards be made over, and to refuse to make over
any records referred to in rule 20; (x) the power to write
off irrecoverable amounts exceeding Rs. 100 due to an estate. (xi) In cases of
emergency, the Collector may assume the power of the Court of Wards in any case
coming under heads (i) to (ix) submitting his proceedings without delay to the
Court of Wards for confirmation.THE BOMBAY COURT OF WARDS RULES, 1908
PREAMBLE