SectionsParticulars
Chapter IPreliminary
1Title, extent and commencement
(1) This Act may be called the Guardians and Wards Act, 1890. (2) It extends to whole of India l[except the State of Jammu and Kashmir].2[***] (3) It shall com...
2[Repealed by the Repealing Act, 1938, s. 2 and Sch.]
3Saving of jurisdiction of Courts of Wards and Chartered High Courts
This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by 3[any competent Legislature, authority or p...
4Definitions
In this Act, unless there is something repugnant in the subject or context,- (1) "minor" means a person who , under the provisions of the Indian Majority Act,...
Chapter IIAppointment And Declaration Of Guardians
5Power of parents to appoint in case of European British subjects
[Rep. by the Part B States (Laws) Act, 1951 (3 of 1951), s. 3 and Schedule]. ...
6Saving of power to appoint in other cases
In the case of a minor, 10[***] nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property...
7Power of the court to make order as to guardianship
(1) Where the court is satisfied that it is for the welfare of a minor that an order should be made- (a) appointing a guardian of his person or property, or b...
8Persons entitled to apply for order
An order shall not be made under the last foregoing section except on the application of – (a) the person desirous of being, or claiming to be, the guardian o...
9Court having jurisdiction to entertain application
(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place...
10Form of application
(1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure, 1882 (14...
11Procedure on admission of application
(1) If the Court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof, and cause notice of the appl...
12Power to make interlocutory order for production of minor and interim protection of person and property
(1) The court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and be...
13Hearing of evidence before making of order
On the day fixed for the hearing of the application or as soon afterwards as may be, the court shall hear such evidence as may be adduced in support of or in ...
14Simultaneous proceedings in different courts
(1) If proceedings for the appointment or declaration of a guardian of a minor are taken in more courts than one, each of those courts shall, on being apprise...
15Appointment or declaration of several guardians
(1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property or both, the court may, if it thinks f...
16Appointment or declaration of guardian for property beyond jurisdiction of the court.
If the court appoints or declares a guardian for any property situate beyond the local limits of its jurisdiction, the Court having jurisdiction in the place ...
17Matters to be considered by the court in appointing guardian
(1) In appointing or declaring the guardian of a minor, the court shall, subject to the provisions of this section, be guided by what, consistently with the l...
18Appointment or declaration of Collector in virtue of office
Where a Collector is appointed or declared by the court in virtue of his office to be guardian of the person or property or both, of a manor, the order appoin...
19Guardian not to be appointed by the court in certain cases
Nothing in this Chapter shall authorize the court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a...
Chapter IIIDuties, Rights And Liabilities Of Guardians General
20Fiduciary relation of guardian to ward
(1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by thi...
21Capacity of minors to act as guardians
A minor is incompetent to act as guardian of any minor except his own wife or child or where he is the managing member of an undivided Hindu family, the wife ...
22Remuneration of guardian
(1) A guardian appointed or declared by the court shall be entitled to such allowances, if any, as the court thinks fit for his care and pains in the executio...
23Control of Collector as guardian
A Collector appointed or declared by the court to be guardian of the person or property or both, of a minor shall, in all matters connected with the guardians...
24Duties of guardian of the person
A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the l...
25Title of guardian to custody of ward
(1) If a ward leaves or is removed from the custody of a guardian of his person, the court, if it is of opinion that it will be for the welfare of the ward to...
26Removal of ward from jurisdiction
(1) A guardian of the person appointed or declared by the court , unless he is the Collector or is a guardian appointed by will or other instrument, shall not...
27Duties of guardian of property
A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it, if it were his own and subject ...
28Powers of testamentary guardian
Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift , exchange or otherwise , immovabl...
29Limitation of powers of guardian of property appointed or declared by the court
Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the court to be guardian of...
30Voidability of transfers made in contravention of section 28 or section 29
A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person a...
31Practice with respect to permitting transfers under section 29
(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the court except in case of necessity or for an evident a...
32Variation of powers of guardian of property appointed or declared by the court
Where a guardian of the property of a ward has been appointed or declared by the court and such guardian is not the Collector, the court may, from, time to ti...
33Right of guardian so appointed or declared to apply to the court for opinion in management of property of ward.
(1) A guardian appointed or declared by the court may apply by petition to the court which appointed or declared him for its opinion, advice or direction on a...
34Obligations on guardian of property appointed or declared by the court
Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall- (a) if so required by ...
34APower to award remuneration for auditing accounts
When accounts are exhibited by a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34 or otherwise, the court...
35Suit against guardian where administration
bond was taken Where a guardian appointed or declared by the court has given a bond duly to account for what he may receive in respect of the property of his ...
36Suit against guardian where administration-bond was not taken
(1) Where a guardian appointed or declared by the court has not given a bond as aforesaid, any person , with the leave of the court, may, as next friend, at a...
37General liability of guardian as trustee
Nothing in either of the two last foregoing sections shall be construed to deprive a ward or his representative of any remedy against his guardian, or the rep...
38Right of survivorship among joint guardians
On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the court. ...
39Removal of guardian
The court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the court, or a guardian appointe...
40Discharge of guardian
(1) If a guardian appointed or declared by the court desires to resign his office, he may apply to the court to be discharged. (2) If the court finds that ther...
41Cessation of authority of guardian
(1) The powers of a guardian of the person cease- (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the person of t...
42Appointment of successor to guardian dead, discharged or removed
When a guardian appointed or declared by the court is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any su...
Chapter IVSupplemental Provisions
43Orders for regulating conduct or proceedings of guardian, and enforcement of those orders
(1) The court may, on the application of any person interested or of its own motion, make an order regulating the conduct or proceedings of any guardian appoi...
44Penalty for removal of ward from jurisdiction
If, for the purpose or with the effect of preventing the court from exercising its authority with respect to a ward, a guardian appointed or declared by the c...
45Penalty for contumacy
(1) In the following cases, namely,- (a) If a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direct...
46Reports by Collectors and subordinate Courts
(1) The court may call upon the Collector, or upon any court subordinate to the court, for a report on any matter arising in any proceeding under this Act, an...
47Orders appealable
An appeal shall lie to the High Court from an order made by a 20[* * *] court- (a) under section 7, appointing or declaring or refusing to appoint or declare ...
48Finality of other orders
Save as provided by the last foregoing section and by section 622 of the Code of Civil Procedure 1882 (14 of 1882)21, an order made under this Act shall be fi...
49Costs
The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made ...
50Power of High Court to make rules
(1) In addition to any other power to make rules conferred expressly or impliedly by this Act, the High Court may from time to time make rules consistent with...
51Applicability of Act to guardians already appointed by Court
A guardian appointed by, or holding a certificate of administration from a civil court under any enactment repealed by this Act shall, save as may be prescrib...
52Amendment of Indian Majority Act
[Repealed by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. ]. ...
53Amendment of Chapter XXXI of the Code of Civil Procedure
[Repealed by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and Sch. V ] ...
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