On many occasions, the Government takes over the management of the estates of minors, lunatics and persons 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 take over. One is 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 provided that the property is of such value that it will be economical for management by Government agency.

Court of Wards Act.

Under the Bombay Court of Wards Act, the Collector of Dhulia 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 board consisting of two or more officers to be the Court of Wards. A provision is made for the delegation of powers of the Court of Wards to the Assistant or Deputy Collector. The Court of Wards is empowered to assume superintendence of the properties of any land holder or any pension holder who is "disqualified to manage his or her own property". Those who are deemed to be disqualified are (a) minors, (b) females declared by the District Court as unfit to manage their property, (c) persons declared by the District Court to be incapable or unfit to manage their own property and (d) persons adjudged by a competent Civil Court to be of unsound mind and hence incapable of managing their own 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 1964, there were 17 estates under the superintendence of the Collector of Dhulia as Court of Wards. The gross income and the total expenditure on account of these estates was Rs. 31,233 and Rs. 30,917, respectively.

Guardian and Wards Act.

Consequent upon the separation of Judiciary from the Executive the Government decided to entrust the work of management of minor's estates to the Collectors. Accordingly, the Collector of Dhulia cook over the management of 40 estates. In 1962-63, there were only nine estates under the management of the Collector, rest having been released on minors attaining majority. During the year, the total income from these estates was Rs. 24,468 and the expenditure worked to Rs. 24,316.