Bare Acts

The Guardians and Wards Act, 1890

An Act to consolidate and amend the law relating to Guardian and Wards.

संरक्षक और प्रतिपाल्‍य अधिनियम, 1890

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Act Details

Act Number:

Act Year:

1890

Location:

Enactment Date:

3/21/1890

Enforcement Date:

21-03-1890

Ministry:

Ministry of Law and Justice

Department:

Legislative Department

All Section List (Guardianship Act)

PRELIMINARY

Section 1 to Section 4A

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[Repealed.].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 to Section 19

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.

General

Section 20 to Section 23

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.

Guardian of the person

Section 24 to Section 26

Section 24

Duties of guardian of the person.

Section 25

Title of guardian to custody of ward.

Section 26

Removal of war from jurisdiction.

Guardian of property

Section 27 to Section 37

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.

Termination of guardianship

Section 38 to Section 42

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 to Section 53

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.].