The Gazetteers Department

ON MANY OCCASIONS THE GOVERNMENT TAKES OVER MANAGEMENT of the estates of minors, lunatics and persons who are incapable of managing their own property in order to secure proper care and management of the estates concerned. There are two pieces of legislation which govern such administration. One is the Bombay Court of Wards Act (I of 1905) and the other a Union Act, the Guardians and Wards Act (VII of 1890). The idea in 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 estate is undertaken only when the estate is encumbered with debt or mismanaged or has 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 Kolhapur 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 be the Court of Wards. Delegation of powers of the Court of Wards to the Collector, Assistant or Deputy Collector is provided for. The Court of Wards is empowered to assume the superintendence of the property of the landholder or of 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 as 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, however, cannot 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(1) of the Guardians and Wards Act.

In 1957 there were only five estates under the superintendence of the Collector as Court of Wards, Kolhapur, and the net income and the total recurring expenditure on account of these estates were Rs. 12,496 and Rs. 11,900 respectively.

Guardians and Wards Act.

There were no estates under the management of the Collector of Kolhapur under the Guardians and Wards Act prior to 1st April 1954. In 1953, Government under Government Resolution, Revenue Department, No. 2521/49, dated 4th September 1953 decided to entrust the work of management of Minor's Estates to the Collector of the district on the separation of the judiciary from the executive. Accordingly, 27 estates were transferred by the District Judge, Kolhapur, on 1st April 1954 by appointing the Collector as guardian of the property of the said estates in place of the Deputy Nazir, who was managing these estates as guardian of the property. In 1957 there were 22 estates under management and their total income was Rs. 9,030. The State Government has appointed the Personal Assistant to the Collector of Kolhapur as a Collector for the purpose of the said Act in Kolhapur district, under subclause (6) of Section 4 of the said Act. A staff consisting of one Aval Karkun and one clerk has been sanctioned by Government for the work of these estates.

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