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THE
(Punjab Act II of 1903)
C O N T E N T
S
CHAPTER I
PRELIMINARY
Sections
1. Title,
extent and commencement.
2. Repeal.
3. Definitions.
CHAPTER II
THE COURT OF WARDS AND
ITS
JURISDICTION
4. Constitution
of the Court of Wards and its jurisdiction.
5. Power of Provincial
Government to make order, in certain cases directing the Court of Wards to
assume superintendence of properties
of land-holders.
6. Power of Court of
Wards, of its own motion, to assume superintendence.
7. Court of Wards
shall assume superintendence in cases in which an order is made under section 5
and may do so when Collector is appointed
guardian under Act VIII of 1890.
8. Properties
of which there are more proprietors than one.
9. Notification of assumption
of superintendence.
10. Operation and
finality of orders made under sections 6, 7 and 8.
CHAPTER III
INQUIRY AND ACTION PRECEDING
ASSUMPTION OF SUPERINTENDENCE
11. Inquiry by District Officer (Revenue) in order to
satisfy himself as to whether action should be taken under the Act.
12. Procedure in
inquiries.
CHAPTER IV
WARDSHIP AND ITS
CONSEQUENCES
13. Vesting of
property of ward in the Court of Wards.
14. Non-liability
of land vested in the Court of Wards to sale for arrears of revenue.
15. Disabilities of
wards.
16. Continuing
disabilities in certain cases.
17. Power
of the Court of Wards to act on behalf of wards and to deal with their
properties.
18. Deeds and other
instruments.
19. Notice of suits.
20. Suits to be in
name of Court of Wards.
CHAPTER V
GENERAL PROVISIONS AS TO THE
SUPERINTENDENCE OF THE PERSONS
AND PROPERTIES OF WARDS
21. Court
of Wards assuming superintendence of the property to take possession thereof.
Procedure as to property situate in other districts.
22. Powers
of Court of Wards as to superintendence and control. Audit of accounts and
management of legal affairs of wards and properties.
23. Power
of Court of Wards to charge expenses against properties under its
superintendence.
24. Residence and
education of wards.
25. Allowance for ward
and his family.
CHAPTER VI
ASCERTAINMENT AND
LIQUIDATION
OF LIABILITIES OF WARDS
26. Notice to
claimants.
27. Presentation of
claims.
28. Examination into,
admission and rejection of claims.
29. Bar of claims not
duly notified.
30. Exclusion of
documents not produced.
31. Decrees against
wards or their properties and their execution.
32. Saving of right to
sue in certain cases.
33. Appeal and
revision.
34. Provincial
Government may confer the powers of District Officer (Revenue) on any person.
CHAPTER VII
GUARDIANS AND MANAGERS
35. Appointment,
removal and control of guardians and tutors.
36. No person who can
succeed to ward to be appointed guardian.
37. Duties and
responsibilities of guardians.
38. Appointment, control
and removal of managers.
39. Powers of
managers.
40. Duties and
responsibilities of managers.
41. Termination of
appointment of guardian or manager.
42. Guardians
and managers to be deemed to be public servants and managers and certain
guardians to be deemed to be public accountants.
43. District Officer
(Revenue) when to discharge the duties of guardian or manager.
CHAPTER VIII
RELEASE OF PERSONS AND
PROPERTIES
FROM SUPERINTENDENCE
44. Power to release
from superintendence.
45. Retention of superintendence
of property until discharge of debts.
46. Retention of
superintendence where there are more proprietors than one.
47. Appointment of
guardian on release of minor.
48. Disposal
of property after the death of a person of whose property the Court of Wards
has assumed superintendence.
49. Delivery of
documents and accounts on release of property.
50. Notifications as
to release from superintendence.
51. Recovery of
expenses.
CHAPTER IX
MISCELLANEOUS PROVISIONS
52. Bar of suits and
proceedings.
53. Investigations
into matters under Chapters VI and VII to be considered judicial proceedings.
54. Power to make
rules.
SCHEDULE
ENACTMENTS REPEALED
[1]THE PUNJAB COURT OF WARDS ACT, 1903
(Punjab Act II of 1903)
[2
June 1903; 25 June 1903]
An Act to consolidate and
amend the law
relating to the Court of Wards in the Punjab
WHEREAS it is expedient to
consolidate and amend the law relating to the Court of Wards in the Punjab;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Title, extent and
commencement.—
(1) This Act may be called the Punjab Court of Wards Act, 1903.
(2) It extends to the
whole of the Punjab.
2. Repeal.— (1) The enactments
specified in the schedule are hereby repealed to the extent mentioned in the
third column thereof.
(2) But all rules and
appointments made, notifications and orders issued, authorities and powers
conferred, farms and leases granted,
rights acquired, liabilities incurred and
other things done under any of those enactments shall, so far as may be, be deemed
to have
been respectively made, issued, conferred, granted, acquired, incurred
and done under this Act.
(3) Any enactment of
document referring to any of those enactments shall so far as may be, be
construed to refer to this Act, or the corresponding
portion thereof.
3. Definitions.— In this Act, unless there
be something repugnant in the subject or context, the expression—
(a) “immovable property” shall include land,
benefits to arise out of land, and things attached to the earth or permanently
fastened to
anything which is attached to the earth, but shall not include
growing crops or grass;
(b) “land-holder” shall mean a person who
possesses any interest in land, whether as proprietor, assignee of the
land-revenue, lessee
of waste lands or otherwise;
(c) “minor” shall mean a person who has not,
within the meaning of the [2][* * *] Majority Act, 1875[3], attained his majority; and
(d) “ward” shall mean
any person in respect of whose person or the whole or any part of whose
property or of whose person and property,
the Court of Wards by this Act
constituted for the time being has assumed superintendence, but shall not
include a joint proprietor
the superintendence of whose property has been
assumed by the Court of Wards under section 8.
CHAPTER II
THE COURT OF WARDS AND ITS
JURISDICTION
4. Constitution of the Court of
Wards and its jurisdiction.— [4][(1) The [5][Executive District Officer
(Revenue) of the District] within the limits of which any ward ordinarily
resides, or any property of
any ward is situate, shall be the Court of Wards in
respect of the person and the property of such ward:
Provided that where any ward ordinarily
resides, within the jurisdiction of one
[6][Executive
District Officer (Revenue)] and his property or any part thereof is situate within
the jurisdiction of any other
[7][Executive
District Officer (Revenue)], the Board of Revenue shall determine which
[8][Executive
District Officer (Revenue)] shall be the Court of Wards in respect of the
person and the property of such ward].
(2) The Court of Wards
may exercise all or any of the powers conferred on it by this Act either direct
or through [9][* * *] the [10][District Officer (Revenue)]
of the district within the limits of which any ward may at any time reside or
any part of the property
of any ward may be situate, or through any other
person whom it may at any time, in respect of any ward of the whole or any part
of the property of any ward, appoint in that behalf.
(3) The Court of Wards
may, with the sanction of the [11][Board of Revenue], from time
to time, by general or special order, or by rule made under this Act, delegate
any of its powers to
any [12][* * *] [13][District Officer (Revenue)]
or other person as aforesaid, and may at any time, with the like sanction,
revoke any such delegation.
(4) The powers and
authority by this Act vested in the Court of Wards shall be exercised by it,
subject to the control of the [14][Board of Revenue].
5. Power
of Provincial Government to make order, in certain cases directing the Court of
Wards to assume superintendence of properties
of land-holders.— (1)
Any land-holder may apply to the
[15][Court
of Wards] to make an order directing that his property be placed under the
superintendence of the Court of Wards and upon receiving
any such application,
the
[16][Court
of Wards], may, if it considers it expedient in the public interest so to do,
make an order accordingly.
(2) When it appears to
the [17][Court of Wards] that any
land-holder is—
(a) by reason of being a female; or
(b) owing to any physical or mental defect or infirmity;
or
(c) owing to his having been convicted of a
non-bailable offence and to his vicious habits or bad character; or
(d) owing to his having entered upon a course of
wasteful extravagance likely to dissipate his property;
incapable of managing or unfitted
to manage his affairs, the [18][Court of Wards] may make an
order directing that the property of such land-holder be placed under the
superintendence of the Court
of Wards:
Provided that such an order shall not be made on the ground
stated in clause (c) or on the ground stated in clause (d) unless such
land-holder belongs to a family of political or social importance and the [19][Court of Wards] is
satisfied that it is desirable, on ground of public policy or general interest,
to make such order.
(3) Every order made by
the [20][Court of Wards] under
sub-section (1) or sub-section (2) shall be final and shall not be called in
question in any Court of Law.
6. Power of Court of Wards, of
its own motion, to assume superintendence.— When any land holder is a minor or a person
adjudged by a competent Court to be of unsound mind and incapable of managing
his affairs,
the Court of Wards may make an order assuming the superintendence
of the property or the person and property of such land-holder.
7. Court
of Wards shall assume superintendence in cases in which an order is made under
section 5 and may do so when Collector is appointed
guardian under Act VIII of
1890.— (1) When , in respect of any land-holder an order is
made by the
[21][Court
of Wards] under sub-section (1) or sub-section (2) of section 5, the Court of
Wards shall assume the superintendence of the
property of such land-holder and
may in its discretion also assume the superintendence of his person.
(2) When the [22][District Officer (Revenue)]
is appointed or declared to be guardian of the person or property or both, of a
minor, under the provisions
of section 18 of the Guardian and Wards Act, 1890[23], he shall intimate the fact
to the Court of Wards, and the Court of Wards may thereupon, in its discretion,
either assume, or refrain
from assuming, the superintendence of the person or
property, or both (as the case may be), of such minor, and the provisions of
this Act shall if such superintendence be so assumed, apply to the person or
property, or both (as the case may be) of such minor.
8. Properties
of which there are more proprietors than one.— When
there are two or more proprietors of any property and the shares of the several
proprietors have not been separated off, and
the Court of Wards, acting under
section 6 or section 7, assumes the superintendents of the property of one or
more, but not all,
of such proprietors, the Court of Wards may assume the
superintendence also of the shares of such joint-proprietor or
joint-proprietors
as is or are not disqualified, paying any such proprietor the
surplus income accruing from his shares of the property. The superintendence
assumed under this section shall extend only to the management of the share of
the joint proprietor in such joint property and shall
not as regards such share
include the power to sell or mortgage the same or any part thereof or to grant
a lease thereof for a period
exceeding 20 years or to create any charge thereon
or interest therein.
9. Notification of assumption
of superintendence.— Whenever the Court of Wards, assumes the superintendence of the person
or property of any person under any of the provisions of this
Act, the order of
assumption shall be notified in the [24][Official Gazette] and shall
specify the district the [25][District Officer (Revenue)]
of which shall be put in charge on behalf of the Court of Wards.
10. Operation and finality of orders made under sections 6, 7 and 8.— Every order made by the
Court of Wards assuming, under section 6, 7 and 8 respectively, the
superintendence of the person or property,
or both of any person shall take
effect from the date fixed in this behalf in the notification published under
section 9 and shall
be final and shall not be called in question in any court
of law.
CHAPTER III
INQUIRY AND ACTION PRECEDING
ASSUMPTION OF SUPERINTENDENCE
11. Inquiry by
[26][District
Officer (Revenue)] in
order to satisfy himself as to whether action should be taken under the Act.— (1)
[27][For
the purpose of satisfying himself as to whether in respect of any land-holder,
the Court of Wards should be moved to
make an order under section 5(2) or section 6,] or for the purpose of making
any report which may be called for
in connection with any application of a
land-holder under sub-section (1) of section 5, the
[28][District
Officer (Revenue)] may make such inquiry into the circumstances of such
land-holder as he may deem necessary, and, pending
the taking of any such
action, may issue such orders for the temporary custody and protection of the
person or property, or both,
of such land-holder, as he thinks fit.
(2) If the land-holder
be a minor, the [29][District Officer (Revenue)]
may direct that the person, if any, then having the custody of the minor, shall
produce him, or cause
him to be produced, at such place and time as the [30][District Officer (Revenue)]
appoints, and may make such orders for the future custody of the minor, pending
the orders of the Court
of Wards, as he thinks proper.
(3) If
the minor is a female who ought not to be compelled to appear in public, the
direction under sub-section (2) shall require her
to be produced in accordance
with the manners and customs of the country.
(4) If the land-holder
is alleged to be or is of unsound mind, the [31][District Officer (Revenue)]
shall make application to a competent Court in view to an inquiry being made by
such Court for the purpose
of ascertaining whether such person is or is not of
unsound mind and incapable of managing his affairs.
12. Procedure in inquiries.— (1)
For the purposes of every inquiry to be made, or direction to be given, in
pursuance of any of the provisions of the Act, the
[32][District
Officer (Revenue)] may exercise all or any of the powers of a Civil Court under
the Code of Civil Procedure[33].
(2) For
the purpose of protecting the property, or any part thereof, of any
land-holder, pending an inquiry under sub-section (1) of section
11, the
[34][District
Officer (Revenue)] may, subject to the direction and control of the Court of
Wards, take possession thereof and appoint
a manager and such caretakers in
respect thereto as he may deem fit.
CHAPTER IV
WARDSHIP AND ITS
CONSEQUENCES
13. Vesting of property of ward in the Court of Wards.— (1) Upon the publication of
a notification under section 9, in respect of the property of any person, the
whole of such property,
at the date of the notification, shall vest in the
Court of Wards, and shall remain so vested until the Court of Wards shall, by
notification under section 50, divest itself of the superintendence of the
whole or any part thereof, or is otherwise divested of
such superintendence in
due course of law.
(2) All rights accruing
to and properly inherited by or vesting in any ward after the publication of a
notification under section 9, and
while the property of such ward is under the
superintendence of the Court of Wards, shall vest in the Court of Wards:
Provided that the Court of Wards may, in its discretion
assume, or refrain from assuming, the superintendence of any property which
any
ward may acquire, otherwise than by inheritance, subsequent to the date of the notification
published under section 9.
14. Non-liability of land vested in the Court of Wards to sale for
arrears of revenue.— No land under the superintendence of the Court of Wards shall be sold
for arrears of revenue accruing while such land is under such
superintendence.
15. Disabilities of wards.— No ward shall be competent—
(a) to transfer or
create any charge on, or interest in, the whole or any part of his property
which is under the superintendence of the
Court
of Wards, or to enter into any contract which may involve him in
pecuniary liability:
Provided
that nothing in this clause shall be deemed to affect the capacity of a ward to
enter into a contract of marriage, but he
shall not incur, in connection
therewith, any pecuniary liability, expect such as, having regard to the
personal law to which he
is subject, and to his rank and circumstances, the
Court of Wards may, in writing, declare to be reasonable;
(b) without the previous sanction, in writing, of
the Court of Wards, (1) to adopt, or (2) to give permission to adopt, or (3) to
dispose
of any property by will.
16. Continuing disabilities in certain cases.— (1)
When the property of any land-holder, in respect of whom an order has been made
under sub-section (1) or on the last ground stated
in sub-section (2) of
section 5, is released from the superintendence of the Court of Wards, such
land-holder shall not be competent,
without the previous sanction of the [35][Board
of Revenue] to alienate the whole or any part of the immovable property which
has been so released, in any way, or to create
any charge upon any such
property extending beyond his life time, and every transfer made to or
attempted to be made, or charge created
or attempted to be created, in
contravention of this provision, shall be void.
(2) No suit shall be
brought whereby to charge any person upon any promise made after he has ceased
to be a ward to pay any debt contracted
during the period when he was a ward,
or upon any ratification made after he has ceased to be a ward of any promise
or contract made
during the above period, whether there shall or shall not be
any new consideration for such promise or ratification.
17. Power of the Court of Wards to act on behalf
of wards and to deal with their properties.— (1) The Court of Wards
may, at any time, mortgage or sell the whole or any part of the property of a
ward, and may grant leases or
forms of the whole or any part of such property
for such terms as it thinks fit, and may make such remissions of rental or
other
arrears and may generally and from time to time pass all such orders and
do all such acts, not inconsistent with the provisions of
this or any other
enactment for the time being in force, as it may deem to be for the advantage
of the ward or the benefit of his
property.
(2) The Court of Wards
may, for the purpose of raising a loan for the benefit of a ward or his
property, hypothecate, with the consent
of the [36][Board of Revenue] any
Jagir, mafi, pension or assignment of land-revenue held by the ward.
18. Deeds and other instruments.— (1) All deeds, contracts or other
instruments executed by the Court of Wards in the exercise of its powers of
superintendence under
this Act, shall be executed by the Court of Wards in its
own name.
(2) Covenants
entered into by the Court of Wards shall be binding on the Court of Wards only
so long as the ward or the property affected
by such covenants remains under
its superintendence and only to the extent of such property; and such covenants
shall be binding
on the ward or on the person entitled to such property after
the ward or the property or both (as the case may be) shall have been
released
from superintendence.
(3) This section shall
also apply to all deeds, contracts and other instruments executed before the
commencement of this Act.
19. Notice of suits.— No suit [37][or decree] relating to the
person of any ward or to any property under the superintendence of the Court of
Wards shall be instituted
[38][or executed] in any Civil
or Revenue Court until the expiration of two months after notice in writing has
been delivered to, or left
at, the office of the [39][District Officer (Revenue)]
of the district specified in the order of assumption in the notification under
section 9, stating the
name and place of abode of the intending plaintiff, [40][or decree-holder, as the
case may be, and such other particulars as may be prescribed by rules made
under this Act], and the plaint
[41][or application for
execution] shall contain a statement that such notice has been so delivered or
left:
Provided that notice under this section shall not be required
in the case of any suit the period of limitation for which will expire
within
three months from the date of the notification under section 9.
20. Suits to be in name of Court of Wards.— (1) No suit (a) by or on behalf
of a ward, or (b) affecting any property under superintendence of the Court of
Wards shall be brought
without the authority of the Court of Wards or of such
officer as it may appoint in that behalf, and in every such suit brought with
such authority the Court of Wards shall be named as plaintiff.
(2) In every suit
against a ward or affecting property under the superintendence of Court of
Wards, the Court of Wards shall be named
as the defendant.
(3) Suits brought by or
against any Court of Wards may be instituted and conducted or defended on
behalf of the Court of Wards by the
[42][District Officer (Revenue)]
of the district specified in the order of assumption in the notification under
section 9, or by the manager
or other person authorised, by general or special
order or rule made under this Act, in that behalf, by the Court of Wards.
CHAPTER V
GENERAL
PROVISIONS AS TO THE SUPERINTENDENCE OF THE PERSONS AND PROPERTIES OF WARDS
21. Court of Wards assuming superintendence of
the property to take possession thereof. Procedure as to property situate in
other districts.— As soon as conveniently may be after the
assumption, by the Court of Wards, of the superintendence of the property of
any person,
the [43][District Officer (Revenue)] of every district within which any part of such
property may be situated, or some person authorised, in writing, by him in this
behalf,
shall take possession of all such property and all accounts and papers
relating thereto, and shall do all other acts and things which
may be necessary
to secure and protect the same and place
it under proper custody and control.
22. Powers of Court of Wards as to superintendence and control. Audit
of accounts and management of legal affairs of wards and properties.— The Court of Wards may from
time to time direct such provision as it may think fit to be made in respect of
the—
(1) superintendence and supervision of the
persons of the wards and properties under its superintendence;
(2) periodical or special audit, by an
independent auditor, of the accounts of properties generally or of any
particular property as it
may think fit;
(3) management of the legal affairs of properties
generally, or of any particular property, as it may think fit.
23. Power of Court of Wards to charge expenses against properties
under its superintendence.— The Court of Wards may from time to time regulate the expenses to be
incurred in the supervision, care and management of the wards
and properties
under its superintendence, and generally in carrying out all or any of the
purposes of this Act, and may order that
such expenses, or any of them,
including all salaries, gratuities and leave allowances of establishments and
all contingent and other
expenses whatsoever which it shall consider requisite,
be charged against such property generally, or against any one or more
properties
comprised in such property for the purposes of which such
establishments are, or have been, entertained or such expenses have been
incurred.
24. Residence and education of wards.— (1) The Court of Wards may
pass such orders as it thinks fit in respect of the residence of any ward whose
person is for the time
being under its superintendence, and, when he is a male
minor, in respect of his education.
(2) The Court of Wards
may from time to time require any such male minor ward to attend such tutor,
class, school or college, for the
purposes of education, as it thinks fit.
25. Allowance for ward and his family.— (1) The Court of Wards may
from time to time determine what sums shall be allowed in respect of the
expenses of any ward and of his family
and dependents.
(2) The Court of Wards
may from time to time determine what sums may be spent on the education of any
minor ward whose person is for the
time being under its superintendence.
CHAPTER VI
ASCERTAINMENT
AND LIQUIDATION
OF LIABILITIES
OF WARDS
26. Notice to claimants.— (1) On
the publication of a notification under section 9, the
[44][District
Officer (Revenue)] of the District specified in the order of assumption or any
other
[45][District
Officer (Revenue)] whom the Court of Wards may appoint in that behalf shall
publish in the
[46][Official
Gazette] a notice in both the English and the Urdu languages calling upon all
persons having claims against the ward or
against the property under the
superintendence of the Court of Wards to notify the same in writing to such
[47][District
Officer (Revenue)] within six months from the date of the publication of the
notice.
(2) The notice may also
be published at such places and in such other manner as the Court of Wards may,
by general or special order, direct
or by rule, made under this Act, prescribe.
(3) The [48][District Officer (Revenue)]
may, if he is satisfied that any claimant had reasonable excuse for not
submitting his statement of claim
within six months, receive his claim at any
time after the expiry of the period aforesaid, but any claim so received shall,
unless
the [49][District Officer (Revenue)]
otherwise directs and notwithstanding any law, contract, decree or award to the
contrary, cease to carry
interest from the date of the expiry of the period
aforesaid.
27. Presentation of claims.— (1) Every claimant shall, together with his
statement of claim, present full particulars thereof.
(2) Every document
(including entries in books of account) on which the claimant found his claim,
or on which he relies in support thereof,
shall be produced before the [50][District Officer (Revenue)]
with the statement of claim.
(3) Every such document
shall be accompanied by a true copy of the same. The [51][District Officer (Revenue)]
or such officer as he may appoint in that behalf, shall mark the original
document for the purpose of
identification, and after examining and comparing
the copy with it shall retain the copy and return the original to the claimant.
28. Examination into, admission and rejection of
claims.— (1) The
[52][District
Officer (Revenue)] shall, after such inquiry as he may consider necessary,
decide as to each claim made against any ward
of property, in manner in section
26 and section 27 provided whether such claim is, either in whole or in part to
be admitted or
disallowed and shall intimate, in writing his decision in
respect of each such claim to the claimant thereof. If such liabilities
cannot
be paid at once, the decision shall fix the interest (if any) to be paid
thereon from the date of such decision to the date
of the payment and discharge
of such claim.
29. Bar of claims not duly notified.— Every debt or liability
other than debt due to, or liabilities incurred in favour of, [53][the Government] to which
any ward is subject, or with which any property under the superintendence of
the Court of Wards or any part
thereof is charged, and which is not duly
notified to the said [54][District Officer (Revenue)]
within the time and in the manner hereinbefore prescribed, shall, subject to
the provisions of section
7 and section 13 of the [55]Indian Limitation Act, 1877,
be deemed for all purposes and on all occasions, whether during the continuance
of the superintendence
of the Court of Wards or afterwards, to have been duly
discharged:
Provided that the provisions of this
section shall not be deemed to extinguish any such debt or liability in any
case in which the
Court of Wards, after assuming the superintendence of such
property, releases the same from such superintendence without ascertaining
and
dealing with the liabilities thereof as in this chapter provided in that
behalf, and that, in any such case, in computing the
period of limitation
applicable to any suit or application for the recovery of any such debt or the
enforcement of any such liability,
the time from the date of the notification
of claim under section 26, to the date of the release of the property from the
superintendence
of the Court of Wards, shall be excluded.
30. Exclusion of documents not produced.— If any document in the
possession or under the control of the claimant is not produced by him as
required by section 27, such document
shall not be admissible in evidence in
any suit or proceeding thereafter brought against a ward or as affecting any
property under
the superintendence of the Court of Wards by the claimant, or by
any person claiming under him.
31. Decrees against wards or their properties and their execution.— (1) Nothing contained in
this chapter shall be deemed to empower the [56][District Officer (Revenue)]
to disallow any claim, notified under section 26, which is based upon a decree
passed by any competent
Court, and any such decree may be proved by the
production of a certified copy of the same accompanied by a certificate from
the
proper court that such decree remains unsatisfied.
(2) On the publication
of a notice under section 26, all suits and all proceedings in execution of any
decree against a ward or as affecting
any property under the superintendence of
the Court of Wards then pending in any Civil Court shall be stayed [57][* * *].
[58][(3) No such suit or proceedings shall be continued or revived in any
such court until the expiration of six months from the date of the
publication
of the notice under section 26, and until the expiration of two months after
notice in writing has been delivered to,
or left at, the office of the [59][District Officer (Revenue)]
of the District specified in the order of assumption in the notification under
section 9 stating the
name and place of abode of the plaintiff or
decree-holder, as the case may be, and such other particulars in respect of the
suit
or decree as may be prescribed by rules made under this Act and every
application for the continuance or revival of the suit or proceedings
and every
application for the institution of fresh
proceedings in execution of such decree shall contain a statement that the
provisions of this sub-section
have been complied with].
32. Saving of right to sue in certain cases.— (1) Subject to the
provisions of section 19 and section 31 nothing in this chapter shall be
construed as preventing any claimant
from bringing or prosecuting any suit, [60][or executing any decree],
in any competent Court, in respect of any claim which has been duly notified,
within the time and in the
manner hereinbefore prescribed, to the [61][District Officer
(Revenue)], and which has, whether in whole or in part, been disallowed by him:
[62][Provided that no suit or
proceedings in execution of any decree shall at any time be brought or be
maintainable—
(a) in respect of any claim which has not been so
notified; or
(b) to set aside or modify the order (if any) of
a [63][District Officer (Revenue)]
fixing a date for the payment of such claim or regulating the order in which
claims against the ward
of properties under the superintendence of the Court of
Wards shall be paid].
(2) In computing any
period of limitation prescribed by the [64]Indian Limitation Act, 1877,
or section 230 of the Civil Procedure Code[65], every period during which
proceedings have been stayed or temporarily barred by reasons of the provisions
of this section or of
section 31 shall be excluded.
33. Appeal and revision.— No
appeal shall lie from any decision given or order made by a [66][District Officer (Revenue)] under this chapter, but nothing in this section
shall be deemed in any way to limit or interfere with the power of the Court of
Wards
to revise any such decision or order.
34. Provincial Government may confer the powers of
[67][District Officer (Revenue)] on any person.— For the purposes of this chapter, the [68][Board of Revenue] may, at
any time or at any stage of any proceedings thereunder, invest any person with
all or any of the powers
of a [69][District Officer
(Revenue)].
CHAPTER VII
GUARDIANS AND
MANAGERS
35. Appointment, removal and control of guardians
and tutors.— (1) The Court of Wards may from time to time appoint
guardians for the care of the persons of such wards as are minors or of unsound
mind, or are suffering from any physical or mental defect or infirmity, or are
females and unmarried, and may control and remove
such guardians and no
appointment of a guardian for any ward shall be valid, unless and until it has
been confirmed by the Court
of Wards.
(2) In appointing a
guardian under this section, the Court of Wards shall be guided, as far as may
be, by the provisions of section 17
of the Guardian and Wards Act, 1890[70], and if a ward leaves or is
removed from the custody of a guardian appointed under this section, the [71][District Officer (Revenue)]
of the District specified in the notification issued under section 9 may
exercise the powers conferred
by section 25 of the said Act on a Court as
defined in that Act.
(3) The Court of Wards
may appoint any person to be the tutor of any minor male ward and may control
and remove such tutor. Every tutor
so appointed shall discharge such duties and
regulate his conduct in such manner as the Court of Wards may from time to time
direct.
36. No person who can succeed to ward to be appointed guardian.— No person who would be the
next legal heir of a ward, or would otherwise be immediately interested in
outliving a ward, shall be
appointed to be his guardian; but nothing in this
section shall apply to the mother of a ward or to a testamentary guardian.
37. Duties and responsibilities of guardians.— A guardian
appointed under this chapter shall be charged with the custody of the ward, and
shall, subject to the supervision and
direction of the Court of Wards, and the
rules (if any) made, under this Act, in that behalf, make suitable provision
for his maintenance,
health and, if he be a minor, his education and such other
matters as the personal law to which the ward is subject, requires and
shall—
(a) give such security, if any, as the Court of
Wards thinks fit for the due performance of his duty;
(b) submit such accounts as the Court of Wards
may direct;
(c) pay the balances due from him thereon;
(d) continue liable to account to the Court of
Wards, after he has ceased to be guardian, for his receipts and disbursements
during the
period of his guardianship;
(e) apply for the
sanction of the Court of Wards to any act which may involve expense not
previously sanctioned by it; and
(f) be entitled to such salary or allowance, to
be paid out of the proceeds of the property of the ward as the Court of Wards thinks
fit,
in respect of the execution of his duties as such.
38. Appointment, control and removal of managers.— The Court of Wards may
appoint one or more managers for any properties under its superintendence and
may control and remove such
managers.
39. Powers of managers.— A
manager appointed by the Court of Wards shall, subject to the supervision and
direction of the Court of Wards, and the rules (if
any) made, under this Act,
in that behalf, have power to collect the rents of the lands placed under his
charge as well as all other
money due to the ward or person whose property he
manages, and to grant receipts therefor; and he may, subject to the same
supervision,
direction and rules (if any), grant and renew leases and farms,
and do all such lawful acts as he may be generally or specially authorised
by
the Court of Wards to do for the good management of the property.
40. Duties and responsibilities of managers.— Every manager appointed by
the Court of Wards shall, subject to the supervision and direction of the Court
of Wards, and to the rules
(if any) made, under this Act, in that behalf,
manage the property or properties placed under his charge diligently and
faithfully,
and he shall—
(a) give such
security, if any, as the Court of Wards thinks fit duly to account for what he
may receive in respect of the rents and profits
and other income of the
property under his charge;
(b) keep accounts in such form and submit them at
such times as the Court of Wards may direct;
(c) deal with all money received by him in such
manner as the Court of Wards may direct;
(d) apply for the sanction of the Court of Wards
to any act which may involve the property in expense not previously sanctioned
by it;
(e) be entitled to such salary or allowance, to
be paid out of the proceeds of such property, as the Court of Wards thinks fit,
in respect
of the execution of his duties;
(f) be responsible for any loss occasioned to
the property by his negligence or wilful default; and
(g) continue liable to account to the Court of Wards
after he has ceased to be manager for his receipts and disbursements during the
period
of his management.
41. Termination of appointment of guardian or manager.— The appointment of every
guardian or manager appointed under this chapter, shall terminate on the court
of Wards ceasing to exercise
superintendence of the person or property in
respect of whom or which such guardian or manager, as the case may be, has been
appointed.
42. Guardians and managers to be deemed to be
public servants and managers and certain guardians to be deemed to be public
accountants.— (1) Every guardian and manager appointed under this
chapter shall be deemed to be a ‘public servant’ within the meaning of section
21 of the
[72][Pakistan]
Penal Code[73] and
for the purposes of that Code.
(2) Every such manager
shall be deemed to be a ‘public accountant’ within the meaning of the Public
Accountants Act, 1850[74], and every such guardian
shall be deemed to be a ‘Public accountant’ within the meaning and for the
purposes of sections 3 to 5 of
the Public Accountants Act, 1850[75].
(3) In the definition
of ‘legal remuneration’ contained in section 161 of the [76][Pakistan] Penal Code the
word “Government” shall, for the purposes of this section, be deemed to include
the Court of Wards.
43.
[77][District Officer (Revenue)] when to discharge the duties of guardian or manager.— If no such guardian or
manager is appointed by the Court of Wards, the [78][District Officer (Revenue)]
of the District specified in the order of assumption in the notification under
section 9 or any other
[79][District Officer (Revenue)]
whom the Court of Wards may appoint in that behalf, shall be competent to do
anything that might be lawfully
done by a guardian of the person or a manager
of the property appointed under this chapter.
CHAPTER VIII
RELEASE OF PERSONS AND
PROPERTIES
FROM SUPERINTENDENCE
44. Power to release from superintendence.— The Court of Wards may, at
any time, release any person or property or both, from its superintendence:
[80][* * * * * * * * * * * * *]
Provided, [81][* * *] that persons or
property under the charge of the Court of Wards, in accordance with the
provisions of sub-section (2) of section
7, shall not be released without the
concurrence of the Court which appointed or declared the [82][District Officer (Revenue)]
to be guardian of the person or property, or both, of the person concerned,
under the Guardians and Wards
Act, 1890[83].
45. Retention of superintendence of property until discharge of
debts.— (1)
Whenever a ward dies or ceases to be under any legal incapacity, and his
property is, at the time of his death or cessation of
incapacity, still
encumbered with debts and liabilities, the Court of Wards may either release
such property or, with the sanction
of the [84][Board of Revenue] retain it
or any part thereof under its superintendence until such debts and liabilities
have been discharged.
(2) In any case
provided for in sub-section (1) the Court of Wards may together with the
property of any such ward also retain, until
the said debts and liabilities
have been discharged, the property of which it has assumed the superintendence
under section 8.
46. Retention of superintendence where there are
more proprietors than one.— If, in the case of any property, there are more
proprietors than one, the Court of Wards may retain the whole property under
its
superintendence if one or more of the proprietors remain Wards, although
other or others may have ceased to be under any legal incapacity:
Provided that in such cases a proprietor who has ceased to be
disqualified shall not, after the cessation of such disqualification,
be deemed
to be ward for the purposes of this Act and the Court of Wards shall pay to
such proprietor the surplus income accruing
from his share of the joint
property.
47. Appointment of guardian on release of minor.— (1) When the Court of Wards
decides to release from its superintendence the person or property, or both, of
any minor, it may, before
such release, by an order in writing appoint any
person to be the guardian of the person or property, or both, of such minor.
(2) Such appointment
shall take effect from the date of such release.
(3) In appointing a
guardian under this section the Court of Wards shall be guided by the
provisions of section 17 of the Guardians and
Wards Act, 1890[85], and in every such case the
[86][District Officer (Revenue)]
of the District specified in the order of assumption in the notification under
section 9 shall have the
powers conferred upon a [87][District Officer (Revenue)]
under section 35 (2).
(4) Every such guardian
shall have and be subject to the same rights, duties and liabilities as if he
had been appointed under the Guardians
and Wards Act, 1890.
48. Disposal of property after the death of a person of whose
property the Court of Wards has assumed superintendence.— Whenever, in the event of
the death of any person of whose property the Court of Wards has assumed
superintendence, the succession
to his property or any part thereof, is
unclaimed or disputed, the Court of Wards may either direct that the property,
or part thereof,
be made over to any person entitled to or claiming the same,
or may institute a suit of interpleader against the several claimants
or may
retain the superintendence thereof until a claimant has, in due course of law,
established his title thereto in a competent
Court.
49. Delivery of documents and accounts on release of property.— Whenever the Court of Wards
releases the property of any person from its superintendence, it shall deliver
to such person or if it
has appointed a guardian under sub-section (1) of
section 47, to such guardian all documents of title and all papers and accounts
(other than Government records) relating to such property.
50. Notifications as to release from
superintendence.— Whenever the Court of Wards releases any person or
property from its superintendence, the fact of such release shall be notified
in the
[88][Official
Gazette], and such release shall take effect from the date fixed in this behalf
in the notification.
51. Recovery of expenses.— Any expense incurred by the Court of Wards on
account of any property under its superintendence may, after the release of
such property,
be recovered as an arrear of land-revenue due in respect of such
property, or any part thereof.
CHAPTER IX
MISCELLANEOUS
PROVISIONS
52. Bar of suits and proceedings.— (1)
No suit shall be brought in any Civil Court in respect of the exercise of any
discretion conferred by this Act.
(2) No
suit shall be brought against any officer of Government or any guardian,
manager or servant appointed by and discharging his duties
under a Court of
Wards for anything done by him in good faith under this Act.
53. Investigations into matters under Chapters
VI and VII to be considered judicial proceedings.— Every
investigation conducted by a
[89][District
Officer (Revenue)] with reference to any claim preferred before him under
Chapter VI or Chapter VII or to any matter connected
with any such claim shall
be taken to be a judicial proceeding within the meaning of the
[90][Pakistan]
Penal Code[91].
54. Power to make rules.— The Court
of Wards may, with the previous sanction of the
[92][Provincial
Government] make rules[93]
consistent with this Act regulating all or any of the following matters,
namely:-
(a) the management
of properties or of all or any property under the superintendence of the Court
of Wards;
(b) the procedure
to be observed and the powers to be exercised by all or any persons in all or
any proceedings under this Act; [94][* * *]
[95][(c) all matters or things required or permitted by this Act to be
prescribed; and]
[96][(d)] generally for the purpose of giving effect to all or any of the
provisions of this Act.
SCHEDULE
ENACTMENTS
REPEALED
Number and year |
Title |
Extent of repeal |
XXVI of 1854 |
Education of male minors subject to the superintendence of the Court of Wards. |
The whole so far as it applied to the Punjab. |
IV of 1872 |
The Punjab Laws Act, 1872. |
Sections 34 to 38 inclusive. |
XII of 1878 |
Amendment of the Punjab Laws Act, 1872. |
Sections 3 and 4. |
[1]For statement of objects and
reasons, see Punjab Gazette, 1902,
Part V, page 114; for report of the Select Committee, see ibid., 1903, page 21; for Proceedings in Council, see ibid., 1902, page 128; ibid., 1903, page 35.
[2]The word, “Indian”, omitted
by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1955 (XV of 1955),
section 2, Schedule I, Part
II.
[3]IX of 1875.
[4]Substituted by the Punjab
Court of Wards (West Pakistan Amendment) Ordinance, 1968 (III of 1968).
[5]Substituted for the words “Commissioner of the Division”, by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[6]Substituted ibid., for the word “Commissioner”.
[7]Ibid.
[8]Ibid.
[9]The words, “the Commissioner
of the Division or”, omitted by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III.
[10]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[11]Substituted
the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”
which were previously substituted, for the words “Local Government”, by the
Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[12]The words, “Commissioner or”,
deleted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of
1957).
[13]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[14]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”
[15]Ibid.
[16]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words
“Provincial Government”.
[17]Ibid.
[18]Ibid.
[19]Ibid.
[20]Ibid.
[21]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words
“Provincial Government”.
[22]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[23]VIII of 1890.
[24]Substituted, for the word
“Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government
of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[25]Substituted for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[26]Ibid.
[27]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule, III, for the following
portion:-
“For the purpose of satisfying himself as to whether in respect of
any land-holder,
(a) the Provincial Government should be moved to make an order under
sub-section (2) of section 5, or
(b) the Court of Wards should be moved to make an order under section
6.”
The words “Provincial Government” were earlier substituted for the words
“Local Government” by the Government of India (Adaptation
of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[28]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment) Ordinance,
2001 (XXVIII of 2001), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum
limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[29]Ibid.
[30]Ibid.
[31]Ibid.
[32]Ibid.
[33]IV of 1882.
[34]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[35]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III for the words “Provincial
Government” which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[36]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III for the words “Provincial
Government” which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[37]Inserted by the Punjab Court
of Wards (Amendment) Act, 1944 (II of 1944), section 2.
[38]Ibid.
[39]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[40]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the words “the cause of action, and the relief which he
claims”.
[41]Inserted by the Punjab Court
of Wards (Amendment) Act, 1944 (II of 1944), section 2.
[42]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[43]Ibid.
[44]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[45]Ibid.
[46]Substituted for the word
“Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government
of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[47]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[48]Ibid.
[49]Substituted for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[50]Ibid.
[51]Ibid.
[52]Ibid.
[53]Substituted, for the word
“the Crown”, by the West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule, Part II.
[54]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[55]Now the Limitation Act, 1908
(IX of 1908)
[56]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[57]The words and figures “until
the plaintiff or the decree-holder files the certificate that the claim has
been notified in accordance
with section 29” omitted by the Punjab Court of
Wards (Amendment) Act, 1944 (II of 1944), section 3.
[58]Substituted ibid., for the original sub-section (3).
[59]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[60]Inserted by the Punjab Court
of Wards (Amendment) Act, 1944 (II of 1944).
[61]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[62]Substituted by the Punjab
Court of Wards (Amendment) Act, 1944 (II of 1944), for the following words:-
“but no suit shall at any time be brought or
be maintainable in respect of any claim which has not been so notified or to
set aside
or modify the order of a Deputy Commissioner (if any) fixing a date
for the payment of such claim or regulating the order in which
claims against
the ward or properties under the superintendence of the Court of Wards shall be
paid”.
[63]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[64]XV of 1877, subsequently
replaced by the Limitation Act, 1908 (IX of 1908).
[65]XIV of 1882.
[66]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[67]Substituted for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment) Ordinance, 2001 (XXVIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[68]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III, for the words “Provincial
Government”, which were
previously substituted, for the words “Local Government”, by the Government of
India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[69]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[70]VIII of 1890.
[71]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[72]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[73]XLV of 1860.
[74]XII of 1850
[75]Ibid.
[76]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[77]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[78]Ibid.
[79]Ibid.
[80]The first proviso omitted by
the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III.
[81]The word, “further”, omitted,
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III.
[82]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[83]VIII of 1890.
[84]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the words “Provincial Government”,
which were previously substituted, for the words “Local Government”, by the
Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[85]VIII of 1890.
[86]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[87]Ibid.
[88]Substituted, for the word
“Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government
of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[89]Substituted
for the words “Deputy Commissioner”, by the Punjab Court of Wards (Amendment)
Ordinance, 2001 (XXVIII of 2001), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[90]Substituted for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule
I, Part II.
[91]XLV of 1860.
[92]Substituted for the words
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[93]For rules, see notifications No. 55, dated the 12th
March, 1904 Punjab Gazette, 1904,
Part III, page 337, as amended by No. 254, dated the 30th November, 1938, Punjab Gazette, 1908, Part III, page
1403, No. 7, dated: the 6th January, 1915, Punjab
Gazette, 1915, Part III, page 37, No. 106, dated: the 19th June, 1916, Punjab Gazette, 1916, Part III, para.
928.
[94]The word “and” omitted by the
Punjab Court of Wards (Amendment) Act, 1944 (II of 1944), section 5(a).
[95]Inserted by the Punjab Court
of Wards (Amendment) Act, 1944 (II of 1944), section 5(c).
[96]Clause (c) re-lettered as
clause (d) ibid.
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