The Gazetteers Department

On many occasions, Government takes over administration of estates of minors, lunatics and persons incapable of managing their own property. There are two pieces of legislation in operation which govern such administration. One is the Bombay Act, viz. the Court of Wards Act (I of 1905), and the other is the Central Act, viz. the Guardians and Wards Act (VIII of 1890). The idea 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 and where the Government may be of opinion that it is expedient in the public interest to preserve the property of the person for the benefit of his family, provided that 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 Ratnagiri 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 the powers of the Court of Wards to the 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 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 to be unfitted to manage their own property; (c) persons declared by the District Court to be incapable of managing or unfitted 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(1) of the Guardians and Wards Act.

In Ratnagiri district, the Mamlatdar of Sawantwadi manages the estates taken over under the Court of Wards Act. The powers have been delegated to the District Deputy Collector, Sawantwadi Division, as per sub-section (3) of section 19 of the Court of Wards Act, 1905, with effect from 1957 onwards, as a proper check can be exercised over the management of the estates and over the maintenance of accounts. A talathi from the permanent establishment has been appointed to work under the Mamlatdar, to whom he is directly responsible in the discharge of his duties. His work is supervised by the Mamlatdar, Sawantwadi. His work consists only of recovering dues of the estates during the recovery season. All payments, suspensions and remissions regarding estates are made by the Mamlatdar, Sawantwadi. Disposals of the properties are also made by the Mamlatdar with the necessary permission of District Deputy Collector and the Government. When management of private estates is assumed, the cost of management is made recoverable from the parties.

Guardians and Wards Act.

The Central Act, viz. the Guardians and Wards Act, 1890, applies to the estates of minors with the same provisions as contained in the Bombay Court of Wards Act. Under the Central Act, the District Court appoints a guardian who may be an officer of the Court, a relative of the ward or the Collector. According to Government R. D. Resolution No. 2521/49, dated 4th September 1953, the work pertaining to the management of minor's estates has been entrusted to the Collector.

When the Collector, Ratnagiri, took over estates from the District judge, Ratnagiri, there were 33 estates for management. Out of these estates, 17 have been released by the Collector, minors having attained majority. Thus there are 16 estates managed by the Collector. An awal karkun, who is an employee from the permanent establishment of the Collector, is appointed for managing these estates.

In 1957-58, the total gross income of all the estates under the Guardians and Wards Act, 1890 was Rs. 3,246.90 nP. and the total expenditure worked out to Rs. 5,704.47 nP. The total gross income of all the estates under the Court of Wards Act, 1905 was Rs. 2,539 and the total expenditure worked out to Rs. 2,223.

TOP