The Guardians and Wards Act, 1890

( ACT NO. VIII OF 1890 )

1♣An Act to consolidate and amend the law relating to Guardian and Ward.

WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; It is hereby enacted as follows: -



1. Title, extent and commencement

2. [Repealed]

3. [Omitted]

4. Definitions

4A. Power to confer jurisdiction on subordinate, judicial officers and to transfer proceedings to such officers

5. [Omitted]

6. Saving of power to appoint in other cases

7. Power of the Court to make order as to guardianship

8. Persons entitled to apply for order

9. Court having jurisdiction to entertain application

10. Form of application

11. Procedure on admission of application

12. Power to make interlocutory order for production of minor and interim protection of person and property

13. Hearing of evidence before making of order

14. Simultaneous Proceedings in different Courts

15. Appointment of declaration of several guardians

16. Appointment or declaration of guardian for property beyond jurisdiction of the Court

17. Matters to be considered by the Court in appointing guardian

18. Appointment or declaration of Collector in virtue of office

19. Guardian not to be appointed by the Court in certain cases


20. Fiduciary relation of guardian to ward

21. Capacity of minors to act as guardians

22. Remuneration of guardian

23. Control of Collector as guardian

Guardian of the Person

24. Duties of guardian of the person

25. Title of guardian to custody of ward

26. Removal of ward from jurisdiction

Guardian of Property

27. Duties of guardian of property

28. Powers of testamentary guardian

29. Limitation of powers of guardian of property appointed or declared by the Court

30. Voidability of transfers made in contravention of section 28 or section 29

31. Practice with respect to permitting transfers under section 29

32. Variation of powers of guardian of property appointed or declared by the Court

33. Right of Guardian so appointed or declared to apply to the Court for opinion in management of property of ward

34. Obligations on guardian of property appointed or declared by the Court

34A. Power to award remuneration for auditing accounts

35. Suit against guardian where administration-bond was taken

36. Suit against guardian where administration-bond was not taken

37. General liability of guardian as trustee

Termination of Guardianship

38. Right of survivorship among joint guardians

39. Removal of guardian

40. Discharge of guardian

41. Cessation of authority of guardian

42. Appointment of successor to guardian dead, discharged or removed

43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders

44. Penalty for removal of ward from jurisdiction

45. Penalty for contumacy

46. Reports by Collectors and Subordinate Courts

47. Orders appealable

48. Finality of other orders

49. Costs

50. Power of High Court Division to make rules

51. [Omitted]

52. [Repealed]

53. [Repealed]