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THE GUARDIANS AND WARDS ACT, 1890

(ACT NO. VIII OF 1890).
  Part No : Chapter No : Section No: [ 21st March, 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: -
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
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 [Repealed]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
CHAPTER II
APPOINTMENT AND DECLARATION OF GUARDIANS
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
CHAPTER III
DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
General
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
CHAPTER IV
SUPPLEMENTAL PROVISIONS
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]
 
 

Copyright © 2010, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs

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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