 |
MISCELLANEOUS DEPARTMENTS |
 |
ADMINISTRATION OF MANAGED STATES.
MANAGED ESTATES.
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.
| 
