No: 52 Dated: Apr, 01 1978

THE COURT OF WARDS ACT, 1977 ( 1920 A. D. )

(Act No. LII of Samvat 1977)

    An Act to make better provision for the Court of Wards in the Jammu and Kashmir State.

    Whereas it is expedient to make better provision for the Court of Wards in the Jammu and Kashmir State ;

It is hereby enacted as follows :-

CHAPTER I

PRELIMINARY

1. Title and extent.––(1) This Act may be called the Jammu and Kashmir Court of Wards Act, 1977.

(2) It exends to the whole of the Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Existing rules etc., to be deemed under the Act.– All rules and appointments made, notifications and orders issued, authorities and powers conferred, forms, and leases granted, rights acquired, liabilities incurred and other things done hereto fore in matter dealt with by this Act shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, acquired, incurred and done under this Act.

3. Definitions.–– In this Act, unless there be something repugnant in the subject or context, the expression––

(a) “immovable property” shall include land, benifits to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but shall not include growing crops or grass ;

(b) “land - holder” shall mean a person who possesses any interest in land, whether as proprietor, assignee of the land revenue, lessee of waste lands or otherwise ;

(c) “minor” shall mean a person who has not, within the meaning of the State Majority Act, attained his majority ; and

(d) “ward” shall mean any person in respect of whose person or the whole or any part of whose property, or of whose person and property, the Court of Wards by this Act contstituted, for the time being, has assumed superintendence, but shall not include a joint proprietor the superintendence of whose property has been assumed by the Court of Wards under section 8.