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Report No. 83

9.3. Sections 44 to 46.-

In section 44, the amount of maximum fine needs revision in view of the decline in the purchasing power of the rupee since 1890. The section at present provides as under:-

"44. If, for the purpose or with the effect of preventing the Court from exercising its authority with respect to a ward, a guardian appointed or declared by the Court removes the ward from the limits of the jurisdiction of the Court in contravention of the provisions of section 26, he shall be liable, by order of the Court, to fine not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months."

Our recommendation would be to substitute, for the words "one thousand", the words "five thousand" rupees. The amounts of fine mentioned in section 45(1), last paragraph also appear to need revision in view of the changed economic conditions. This paragraph mentions three amounts, in this context

(i) the amount of fine as fixed initially must not exceed one hundred rupees;

(ii) in case of recusancy, a further fine may be imposed for a continuing default, but it must not exceed ten rupees for each day after the first during which the default continues;

(iii) the amount of the fine should not exceed five hundred rupees in the aggregate.

It would be appropriate to increase the first and third amounts ten-fold, having regard to the decline in the purchasing power of the rupee since 1890. As to the second amount, since it is a further fine for a continuous default, a fivefold increase will do.

Accordingly, we recommend that the last paragraph of section 45(1) should be revised as under:

"the person, guardian or representative, us the case may be, shall be liable, by order of the Court, to fine not exceeding one thousand rupees, and in case of recusancy to further fine not exceeding fifty rupees for each day after the first during which default continues, and not exceeding five thousand 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."

Section 46 needs no change.

9.4. Section 47.-

The List of appealable orders is given in section 47. We need not enumerate them, but shall confine ourselves to the points that need consideration.



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




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