The Gazetteers Department

ON MANY OCCASIONS GOVERNMENT TAKES OVER THE ADMINISTRATION of estates of minors, lunatics and persons incapable of managing their own property. There are two pieces of legislation in operation in this district which govern such an administration. One of them is a State Government Act, the Court of Wards Act (I of 1905), and the other a Central Government Act, the Guardians and Wards Act (VIII of 1890). Purpose of the Government in administering the estates of minors and lunatics is to secure proper care and management of the estates concerned. In the case of persons incapable of managing their own property, assumption of superintendence of the estate is undertaken only when the estate is encumbered with debt or mismanaged or when there is no one capable of taking proper care of it. Government-thinks it expedient in the public interest to preserve the property of the person for the benefit of his family, and the property is of such value that economical management by the Government agency is practicable.

Court of Wards Act.

Under the Bombay Court of Wards Act, 1905, the Collector of Jalgaon is the Court of Wards for the district. The State Government has, however, powers to appoint, in lieu of the Collector, either a Special Officer or a board consisting of two or more officers to be the Court of Wards. Delegation of powers of the Court of Wards to the Collector, or Deputy Collector is provided for. The Court of Wards is empowered with the previous sanction of the State Government, to assume the superintendence of the property of any landholder or of any pension holder who is disqualified to manage his own property. Those who are deemed to he disqualified are: (a) minors; (b) females declared by the District Court to be unfit to manage their own property; (c) persons declared by the District Court to he incapable of managing or unfit to manage their own property; and (d) persons adjudged by a competent civil court to be of unsound mind and incapable of managing their own affairs. The Court of Wards cannot, however, assume superintendence of the property of any minor for the management of whose property a guardian has been appointed by will or by any other instrument or under section 7 (1) of the Guardians and Wards Act.

In this district, the Collector as the Court of Wards manages the estates taken over under the Court of. Wards Act. A clerk engaged for the management of the estates under the Guardians and Wards Act also deals with the correspondence and maintains accounts of those estates. His work is supervised by the Election Aval Karkun of the Collector's Office and the Persona! Assistant to the Collector. The work of recovering the dues of those estates is done by the village officers. All payments, suspensions and remissions regarding the estates are made by the Collector. Disposal of the property is also made by the Collector with the necessary permission of Government.

Guardians and Wards Act.

Prior to 1954, the estates, under the Guardians and Wards Act. 1890, were managed by the Deputy Nazirs appointed as guardians by the District Judge, hut the posts of the Deputy Nazirs were abolished and the management of the minors' estates was transferred to the Revenue Department, as per G.R., R.D.. No. 2521/49, dated 4th September 1953 and the Collector of East Khandesh was appointed as the guardian of 26 estates of minors from the then East Khandesh and West Khandesh districts under section 42 of the Guardians and Wards Act, 1890. There are 22 estates of minors for management under the Guardians and Wards Act. These estates are managed by the Collector himself as no powers have been delegated to the Assistant Collector or the Personal Assistant. Services of one clerk have been transferred to the Revenue Department from the Judicial Department for the management of these estates. His services are temporary and non-pensionable. His work is supervised by the Election Aval Karkun of the Collector's Office and the Personal Assistant to the Collector. He deals with correspondence and maintains accounts of these estates. He has also to attend the Civil Courts and the Tenancy Courts in the proceedings filed on behalf of the minors and also against them when authorised by the Collector in that respect.

In 1956-57. the total income of all the above estates was Rs. 50.980 and the expenditure was Rs. 46,161, the cost of establishment was Rs. 2,430 (this amount is included in the figure of expenditure), and the net income Rs. 4,819.

Though the Tenancy and Agricultural Lands (Amendment) Act. 1948. is not applicable to the estates managed under the Court of Wards and the Guardians and Wards Act, the land rent in respect of these estates is to be recovered as per section 9 of the Tenancy Act and hence the annual income of the land rent has been reduced considerably as a result of which it has become very difficult to manage these estates.

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