The Gazetteers Department

On many occasions, the Government takes over the manage- MANAGED menc of the estates of minors, lunatics and persons who are ESTATES. incapable of managing their own property in order to secure due care and management of the estates concerned. There are two pieces of legislation which govern such administrative takeover: one in the Bombay Court of Wards Act (I of 1905) and the other, an Union Act, the Guardians and Wards Act (VII of 1890). 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 debt or is 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 Sangli is the Court of Wards within the limits of his jurisdiction. 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 hence incapable ot managing their affairs. The Court of Wards, however, cannot assume superintendence of the property, of any minor for the management of whose property a caretaker has been appointed by will or other instrument or under section 7 (i) of the Guardians and Wards Act.

In 1957, there were three estates under the superintendence of the Collector of Sangli as Court of Wards.. The net income and the total recurring expenditure on account of these estates was Rs. 11,175 and Rs. 6,336, respectively.

Guardians and Wards Act.

There were no estates under the management of the Collector of Sangli under the Guardians and Wards Act prior to 9th June 1964. In 1953, Government under G.R.R.D. No. 2521/49, dated 4-9-1953, decided to entrust the work of management of minors.' estates to the Collector of the district consequent upon the separation of the judiciary from the executive. Accordingly, 31 estates were transferred from the District Judge, Sangli, on 9-6-1954 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 29 estates under the management and their total income was Rs. 41,300. The State Government have delegated the powers of the Collector in this behalf to the Resident Deputy Collector of Sangli for the purpose of the said Act in Sangli district.

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