OTHER SOCIAL SERVICES

ADMINISTRATION OF MANAGED ESTATES

 MANAGED ESTATES

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 Kolaba district which govern such administration. One is a State Act viz., the Bombay Court of Wards Act (I of 1905) and the other a Union Act, viz., the Guardians and Wards Act (VIII of 1890). The idea of Government 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 estates is undertaken only when the estate is encumbered with debts or is mismanaged or when there is no one capable of taking proper care of it. and Government is of opinion that it is 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, the Collector of Kolaba is the Court of Wards for the limits of his 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 he the Court of Wards. Delegation of the powers of the Court of Wards to the Collector, Assistant 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 any pension-holder who is '"disqualified to manage his own property." Those who are deemed to be 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 be 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 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 other instrument or under Section 7 (i) of the Guardians and Wards Act.

In the Kolaba district the Collector of Kolaba as the Court of Wards has appointed "Manager" to superintend the estates taken over under the Court of Wards Act. The "Manager" acts directly under the orders of the Collector. Only one estate is under management. In 1958-59 the following was the financial position of the estate: -

Guardians and Wards Act.

The Union Act, i.e., the Guardians and Wards Act, 1890, applies to the estates of minors in as much as the same provisions as those of the Bombay Court of Wards Act. Under the Union Act, the District Court appoints a guardian who may he an officer of the court, a relative of the ward or the Collector. In this behalf, the Personal Assistant to the Collector is authorised to exercise the powers of the Collector. In 1958-59. nine estates were under management. The following was the financial position of the estates:-

When management of private estates is assumed, the cost of management is made recoverable from the estates.

TOP