Section 15 of The Central Provinces Court of Wards Act, 1899
- (1)On receipt of all claims submitted in compliance with the provisions of sections 12 and 13, the Court of Wards shall proceed to investigate such claims and shall decide which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communicate its decision in writing to each claimant concerned.
- (2)When the Court of Wards has admitted any claim under sub-section (1), it may make to the claimant a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both; and, if such proposal, or any modification of it, is accepted by the claimant and his acceptance is finally recorded and attested by the Court of Wards or by any Revenue-officer not being below the rank of an Assistant Commissioner whom the Local Government may, by general or special order, appoint in this behalf, it shall be conclusively binding upon the claimant: Provided that, if when the superintendence of the property by the Court of Wards is relinquished or otherwise terminates, any portion of the claim reduced as aforesaid is still unsatisfied, the claimant shall be entitled to recover a sum bearing the same proportion to the original claim admitted under sub-section (1) as the unsatisfied portion bears to the reduced claim.
- (3)Subject to the provisions of sub-section (2), nothing in this section shall be construed to bar the institution of a suit in a Civil Court for the recovery of a claim against a Government ward or his property which has been submitted to and received by the Court of Wards: Provided that, no decision of the Court of Wards under this section shall be proved in any such suit as against the defendant.
Summary
- The Court of Wards must investigate all claims that people submit correctly with their documents, decide whether to accept or reject them, and tell each person their decision in writing.
- If the Court accepts a claim, it can offer the person a deal to reduce the amount owed or lower the future interest rate.
- If the person agrees to the deal, and a proper official records it, that new lower amount becomes legally binding and cannot be changed.
- If the Court gives the property back before paying off the whole reduced deal, the person can only collect a portion of the unpaid money based on the ratio of the original debt to the reduced debt.
- People are still allowed to sue the ward in regular civil court for claims they submitted, but they are not allowed to use the Court of Wards' decision as proof against the ward in that lawsuit.
Practical examples
FAQ
1. Does the Court of Wards have to accept every claim submitted?
No, the Court investigates all claims and decides which ones to wholly or partly admit, or wholly or partly reject.
2. Can a claimant change their mind after agreeing to reduce their claim?
No, once the accepted proposal is finally recorded and attested by the proper officer, it is conclusively binding upon the claimant.
3. Who can officially record a claimant's agreement to a reduced debt?
It can be recorded by the Court of Wards or by a Revenue-officer appointed by the Local Government, as long as they hold the rank of Assistant Commissioner or higher.
Test yourself
Q1.Under Section 15 of The Central Provinces Court of Wards Act, 1899, which claims is the Court of Wards required to investigate?
Q2.Under Section 15 of The Central Provinces Court of Wards Act, 1899, what happens if a claimant sues the ward in a civil court after the Court of Wards has already admitted the claim?
Q3.Under Section 15 of The Central Provinces Court of Wards Act, 1899, what minimum rank must a Revenue-officer hold to attest a claimant's acceptance of a reduced claim?
Q4.Under Section 15 of The Central Provinces Court of Wards Act, 1899, how must the Court of Wards communicate its decision about admitting or rejecting a claim?