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Report No. 83

7.37. Recommendation to insert section 34(2).-

We, therefore, recommend that a suitable provision on the subject should be inserted say, as sub-section (2) in section 34, after re-numbering the present section as sub-section (1). The new sub-section could be somewhat on the following lines:-

"(2) if a guardian to whom sub-section (1) applies

(a) fails to maintain regular accounts; or

(b) fails to exhibit his accounts in the Court on the due date without proper cause; or

(c) unduly delays exhibiting his accounts by failing to appear before the Court without proper cause; or

(d) improperly retains any money or other property in his hands, whether or not he has been directed by the Court to make payment in respect thereof under clause (d) of sub-section (1).1 the Court may, if in its view the justice of the case so requires-

(i) disallow the whole or any portion of the remuneration due to the guardian for the period of the account with reference to which default is committed, and

(ii) also charge interest at such rate not exceeding twelve per cent. per annum as the Court thinks just in the circumstances of the case, on the money or monetary value of the property in respect of which default is committed or which has been improperly retained by the guardian, for the period of such default or retention, without prejudice to any other proceeding which may be taken against the guardian."

1. Section 34 is to be re-numbered as sub-section (1).

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

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