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Guardians and Wards Act,1890

[Act No. 8 of Year 1890, dated 21st. March, 1890]

Contents
Sections Particulars
Chapter I Preliminary
1 Title, extent and commencement
2 [Repealed by the Repealing Act, 1938, s. 2 and Sch.]
3 Saving of jurisdiction of Courts of Wards and Chartered High Courts
4 Definitions
Chapter II Appointment And Declaration Of Guardians
5 Power of parents to appoint in case of European British subjects
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 III 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
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 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
36 Suit against guardian where administration-bond was not 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 IV Supplemental Provisions
43 Orders for regulating conduct or proceedings of guardian, 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 Indian Majority Act
53 Amendment of Chapter XXXI of the Code of Civil Procedure

An Act to consolidate and amend the law relating to guardians and wards

WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; it is hereby enacted as follows:-



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