The Guardians and Wards Act, 1890 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 1890Description: ii, 25 pSubject(s): Guardians and Wards -- Bare ActDDC classification: 349.54
Contents:
THE GUARDIANS AND WARDS ACT, 1890 Introduction Sections CHAPTER I 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 [Repealed] 3.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 II APPOINTMENT AND DECLARATION OF GUARDIANS 5. [Repealed] 6. Saving of power to appoint in other j::ases 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 III DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS General Fiduciary relation of guardian to ward Capacity of minors to act as guardians Remuneration of guardian 20. 21. 22. 23. Control of Collector as guardian Sections Guardian of the person 24. Duties of guardian of the person . . . 14 25. Title of guardian to custody of ward . . . 15 26. Removal of ward from jurisdiction . . . 16 Guardian of property 27. Duties of guardian of property . . . 17 28. Powers of testamentary guardian . . . 17 29. Limitation of powers of guardian of property • appointed or declared by the Court . . . 17 30. Voidability of transfers made in contravention of section 28 or section 29 . . .' 17 31. Practice with respect to permitting transfers under section 29 . . 17 32. Variation of powers of guardian of property appointed or declared by the Court . . . 18 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward . . . 18 34. Obligations on guardian of property appointed or declared by the Court 19 34A. Power to award remuneration for auditing accounts . . 19 35. Suit against guardian where administration-bond was taken . . 19 36. Suit against guardian where administration-bond was not taken . 20 37. General liability of guardian as trustee . . . 20 Termination of guardianship 38. Right of survivorship among joint guardians . . . 20 39. Removal of guardian . . . 20 40. Discharge of guardian . , . 21 41. Cessation of authority of guardian . . 21 42. Appointment of successor to guardian dead, discharged or removed . . . 22 CHAPTER IV SUPPLEMENTAL PROVISIONS 43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders . . . 22 44. Penalty for removal of ward from jurisdiction . . . 22 45. Penalty for contumacy . . . 23 46. Reports by Collectors and subordinate Courts . . . 23 47. Orders appealable . . . 23 48. Finality of other orders ^ . . . 24 49. Costs . . . 24 50. Power of High Court to make rules . . . - 24 51. Applicability of Act to guardians already appointed by Court . . 25 52. [Repealed] . . . 25 53. [Repealed] . . . 25 THE SCHEDULE [Repealed] .' ! ! 25
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THE GUARDIANS AND WARDS ACT, 1890
Introduction
Sections
CHAPTER I
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 II
APPOINTMENT AND DECLARATION OF GUARDIANS
5. [Repealed] 6. Saving of power to appoint in other j::ases 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 III
DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
General
Fiduciary relation of guardian to ward Capacity of minors to act as guardians Remuneration of guardian
20.
21.
22.
23. Control of Collector as guardian

Sections
Guardian of the person
24. Duties of guardian of the person . . . 14
25. Title of guardian to custody of ward . . . 15 26. Removal of ward from jurisdiction . . . 16 Guardian of property
27. Duties of guardian of property . . . 17
28. Powers of testamentary guardian . . . 17 29. Limitation of powers of guardian of property • appointed or declared by the Court . . . 17 30. Voidability of transfers made in contravention of section 28 or section 29 . . .' 17 31. Practice with respect to permitting transfers under section 29 . . 17 32. Variation of powers of guardian of property appointed or declared by the Court . . . 18 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward . . . 18 34. Obligations on guardian of property appointed or declared by the Court 19 34A. Power to award remuneration for auditing accounts . . 19 35. Suit against guardian where administration-bond was taken . . 19 36. Suit against guardian where administration-bond was not taken . 20 37. General liability of guardian as trustee . . . 20
Termination of guardianship
38. Right of survivorship among joint guardians . . . 20 39. Removal of guardian . . . 20 40. Discharge of guardian . , . 21 41. Cessation of authority of guardian . . 21 42. Appointment of successor to guardian dead, discharged or removed . . . 22
CHAPTER IV
SUPPLEMENTAL PROVISIONS 43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders . . . 22 44. Penalty for removal of ward from jurisdiction . . . 22 45. Penalty for contumacy . . . 23 46. Reports by Collectors and subordinate Courts . . . 23 47. Orders appealable . . . 23 48. Finality of other orders ^ . . . 24 49. Costs . . . 24 50. Power of High Court to make rules . . . - 24 51. Applicability of Act to guardians already appointed by Court . . 25 52. [Repealed] . . . 25 53. [Repealed] . . . 25 THE SCHEDULE [Repealed] .' ! ! 25

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