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Report No. 83

6.56. Appointment of juristic persons as guardian.-

As to the persons who can be appointed as guardians, we have already referred1 to the need for clarification of the position in regard to the appointment of juristic persons. A specific provision on the subject is, in our view, needed. At the same time, certain safeguards are desirable in the interests of proper management of the property of the minor and proper care of his person. To achieve this object, we recommend that the following new section should be inserted as section 18A:-

"18A. The Court may, if it is not practicable to appoint an individual as a guardian, appoint, as a guardian of the person or of the property or both of a minor, a person who is not an individual, provided that such person is an institution or organisation recognised for the purposes of this section by the State Government by notification in the Official Gazette, and is, by its constitution, empowered to undertake such guardianship."

1. See para. 5.6, supra.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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