Section 19 of The Central Provinces Court of Wards Act, 1899
- (1)Every manager appointed by the Court of Wards shall--
- (a)give such security as the Court thinks fit duly to account for what he receives in respect of the rents and profits of the property under his management;
- (b)be entitled to such allowance as the Court thinks fit for his care and pains in the execution of his duties; and
- (c)be responsible for any loss occasioned to the property under his management by his wilful default or gross negligence.
- (2)Every manager or other servant of the Court of Wards shall be deemed a "public servantsbqts within the meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code (XLV of 1860); and in the definition of "legal remuneration" contained in the said section 161, the word sbqtsGovernmentsbqts shall, for the purposes of this sub-section, be deemed to include the Court of Wards.
Summary
- Every manager who is appointed by the Court must provide security to ensure they properly account for the money and profits they receive from the property.
- Managers are paid an allowance for their hard work and the care they take in performing their duties.
- A manager is held legally responsible for any financial loss to the property if that loss was caused by their intentional failure to act or by extreme carelessness.
- Managers and all other servants working for the Court are legally considered public servants under specific sections of the Indian Penal Code.
- For the purpose of defining illegal bribes or legal pay, the Court of Wards is treated the same as the Government in legal terms.
Practical examples
FAQ
1. What happens if a manager is simply unlucky and the property loses value?
A manager is only responsible for losses caused by their wilful default or gross negligence, not for ordinary bad luck or standard market changes.
2. Are managers expected to work for free?
No, the Court determines a fair allowance to pay the manager for their care and the effort they put into the job.
3. Does a manager have the same legal status as a government official?
Yes, under this law, they are considered public servants according to the Indian Penal Code, which means they are subject to strict rules regarding bribery and official conduct.
Test yourself
Q1.Under Section 19 of The Central Provinces Court of Wards Act, 1899, what must a manager provide to the Court before they begin managing property?
Q2.Under Section 19 of The Central Provinces Court of Wards Act, 1899, when is a manager legally liable for a loss to the ward's property?
Q3.Under Section 19 of The Central Provinces Court of Wards Act, 1899, how are managers and servants of the Court classified for criminal law purposes?
Q4.Under Section 19 of The Central Provinces Court of Wards Act, 1899, who decides how much a manager should be paid for their work?