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Guardians and Wards Act,1890


45. Penalty for contumacy

(1) In the following cases, namely,-

(a) If a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1); or

(b) if a guardian appointed or declared by the court fails to deliver to the court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause (c) of that section, or to pay into the court the balance due from him on those accounts in compliance with a requisition under clause (d) of that section;

(c) if a person who has ceased to be a guardian , or the representative of such a person, fails to deliver any property or accounts in compliance with the requisition under section 41, sub-section (3), the person, guardian or representative, as the case may be, shall be liable, by order of the court, to fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten rupees for each day after the first during which the default continues, and not exceeding five hundred rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or cause him to be produced, or to compel his return, or to deliver the statement, or to exhibit the accounts or to pay the balance, or to deliver the property or accounts, as the case may be.

(2) If a person who has been released from detention on giving an undertaking under sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the court may cause him to be arrested and recommitted to the civil jail.



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