The Guardians and Wards Act, 1890

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Description
The Guardians and Wards Act 1890, Act 8 of 1890, is an Act to consolidate and amend the law relating to "guardian" and "ward". As far as Hindus are concerned, at present there is a Legislation governing the field i.e., Hindu Minority and Guardianship Act 1956. The  Guardians and Wards Act 1890 is a beneficial Legislation and hence the provisions are to be liberally interpreted so as to advance the  object of the Act and also the intention of the Legislature in enacting the aforesaid Act. Section 6 of the Act dealing with Saving of power  to appoint in other cases specifies that in the case of a minor nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property or both which is valid by the law to which the minor is subject. The words "by the law to which the minor is subject" would assume lot of importance. Be that as it may, the different provisions of the Guardians and  Wards Act 1890 had fallen for consideration and there are several old reported decisions. In the present short commentary on the  subject, the personal law of the respective religions governing the field also had been briefly dealt with for the purpose of better  appreciation of the subject.
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Contents
Chapter 1 : Preliminary
1. Title, extent and commencement
2. Rep. by the Repealing Act, 1938, Sec. 2 & Schedule
3. Saving of Jurisdiction of Courts of Wards and Chartered High Courts
4. Definitions
4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers
Chapter 2 : Appointment and Declaration of Guardians
5. Rep. by the Part B states (Laws) Act, 1951 (3 of 1951), Sec. 3 and Schedule
6. Savings 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 or 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 3 : Duties, Rights and Liabilities of Guardian
20. Fiduciary relation of guardian to ward
21. Capacity of minor to act as guardians
22. Remuneration of guardians
23. Control of Collector as guardian
24. Duties of guardian of the person
25. Title of guardian to custody of ward
26. Removal of ward from jurisdiction
27. Duties of guardian of property
28. power of testamentary guardian
29. Limitation of power of guardian of property appointed or declared by the court
30. Limitation of power of guardian of property appointed or declared by the court
31. Practice with respect to permitting transfer under sec. 29
32. Variation of power of guardian of property appointed or declared by the court
33. Right to guardian so appointed or declared to apply to the court for opinion in management of property of ward
34. Obligations of guardian of property appointed or delcard 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 taken
37. General liability of guardian as trustee
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 4 : Supplement provisions
43. Order for regulating conduct or proceedings of guardians, and enforcement of those order
44. Penalty for removal of ward from jurisdiction
45. Penalty for contumacy
46. Reports by collectors and subordinate courts
47. Order appealable
48. Finality of other order
49. Costs
50. Power of High Court to make rules
51. Applicability of Act to guardians already appointed
52. Amendment of indian majority Act
53. Amendment of chapter XXXI of the code of civil procedure
Appendices
Index
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Author Details
P.S. Narayana
Asst. by
P. Jagadish Chandra Prasad, Advocate, High Court of A.P./T.S., Hyderabad