THE GUARDIANS AND WARDS ACT, 1890

ACT NO. 8 OF 1890 · Enacted [21st March, 1890.] · 55 sections

PRELIMINARY

Section 1.Title, extent and commencement.

Section 2.[Repealed.].

Section 3.Saving of jurisdiction of Courts of Wards and Chartered High Courts.

Section 4.Definitions.

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

APPOINTMENT AND DECLARATION OF GUARDIANS

Section 5.[Omitted.].

Section 6.Saving of power to appoint in other cases.

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

Section 8.Persons entitled to apply for order.

Section 9.Court having jurisdiction to entertain application.

Section 10.Form of application.

Section 11.Procedure on admission of application.

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

Section 13.Hearing of evidence before making of order.

Section 14.Simultaneous proceedings in different Courts.

Section 15.Appointment or declaration of several guardians.

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

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

Section 18.Appointment or declaration of Collector in virtue of office.

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

DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS — General

Section 20.Fiduciary relation of guardian to ward.

Section 21.Capacity of minors to act as guardians.

Section 22.Remuneration of guardian.

Section 23.Control of Collector as guardian.

DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS — Guardian of the person

Section 24.Duties of guardian of the person.

Section 25.Title of guardian to custody of ward.

Section 26.Removal of war from jurisdiction.

DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS — Guardian of property

Section 27.Duties of guardian of property.

Section 28.Powers of testamentary guardian.

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

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

Section 31.Practice with respect to permitting transfers under section 29.

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

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

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

Section 34A.Power to award remuneration for auditing accounts.

Section 35.Suit against guardian where administration-bond was taken.

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

Section 37.General liability of guardian as trustee.

DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS — Termination of guardianship

Section 38.Right of survivorship among joint guardians.

Section 39.Removal of guardian.

Section 40.Discharge of guardian.

Section 41.Cessation of authority of guardian.

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

SUPPLEMENTAL PROVISIONS

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

Section 44.Penalty for removal of ward from jurisdiction.

Section 45.Penalty for contumacy.

Section 46.Reports by Collectors and subordinate Courts.

Section 47.Orders appealable.

Section 48.Finality of other orders.

Section 49.Costs.

Section 50.Power of High Court to make rules.

Section 51.Applicability of Act to guardians already appointed by Court.

Section 52.[Repealed.].

Section 53.[Repealed.].