The Guardians and Wards Act

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Description
* Jurisdiction of the Family Court
* Preferential rights of Relatives
* Conditional appointment of guardian of Property
* Illegal Detention of minor and habeas corpus
* Factors for appointment of Guardian
Nearly after a decade the present edition is necessitated for the change took place during this period, not much in the legislative field but on account of judicial pronouncements. Guardians and Wards Act 1890 is one of oldest law after British Parliament took over control of India from East India Company by an Act called Government of India Act 1898. Before this Act was legislated the law of Guardian and Ward was to be regulated by the respective personal laws such as Hindu, Muslim, Indian Christian etc. This Act as noted in the earlier edition of this book is a secular law and made applicable to all the communities of the country. The founder Editor of this Book B.B. Mitra who was no less a jurist as every one in the legal circle understands him, while bringing about this book, very usefully made research of law of guardianship then remaining in vogue in Hindu law, Muslim law and Roman law with comparative study of corresponding legal regime in UK, USA and Australia. This authentic information will always generate interest in the mind of readers of generation of all the ages. While the exercise of updating having been under taken it is noticed that there is no change of this Act of nineteenth century, like many a old laws such as Indian Penal Code 1860, (except few section) Indian Contract Act 1872, Indian Evidence Act 1872. It was felt in the immediately previous edition that this act needed updating by deleting few provisions as the same is useless over the years because of few acts came into force. The legislature however is yet to take note of the changed situation.
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Contents
Introduction
Chapter 1 - Preliminary
1.    Title, extent and commencement
2.    [Repealed]
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.    Power of parents to appoint in case of European British subjects [Repealed]
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 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 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 4 - 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 to make rules
51.  Applicability of Act to guardians already appointed by Court
52.  Amendment of the Indian Majority Act [Repealed]
53.  Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed]
The Schedule [Repealed]
Appendices
1.  Rules framed under section 50 of the Guardians and Wards Act, 1890
2.  The Hindu Minority and Guardianship Act, 1956
3.  The Indian Majority Act, 1875
4.  The Family Courts Act, 1984
5.  Specimen Forms
6.  Cross-country Adoption-Principles of Guardians and Wards Act, 1890 to be Adopted
Index
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Author Details
B.B. Mitra
K.J. Sengupta