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Report No. 83

Chapter 7-Rights, Duties and Liabilities of Guardians

(18) Section 21, which empowers a minor to act as a guardian in certain cases, should be modified as recommended.1

(19) Section 22 should be amended to empower the Court to authorise the grant of expenses for the maintenance of the minor.2

(20) Section 25 should be revised

(i) to make verbal changes in regard to the archaic phrase "arrest",

(ii) to make welfare of the minor paramount, and

(iii) to add a provision for consulting the wishes of the minor in certain cases.3

(21) In regard to proceedings under section 25, welfare of the minor should prevail notwithstanding anything to the contrary contained in section 19.4

(22) In section 29, provisions restricting the disposal by the guardian of movable property exceeding rupees two thousand in value, or variation by him of investments exceeding that value, without the permission of the Court, should be added. Exception may be made for certain specified cases.5

(23) Section 30 should be amended to delete the word "immovable", so that the section will apply to all property. This is consequential on the recommendation to expand the scope of section 29.6

(24) In section 31(2), an express provision authorising the Court to direct a private sale of property should be added.7

(25) Section 34 should be amended to confer power on the Court to direct the defaulting guardian to pay interest and to disallow remuneration for failure to submit accounts by the guardian.8

(26) In section 34(a), for the words "in the prescribed form", the words "according to the prescribed from" should be substituted.9

(27) In section 34(d), an amendment should be made to provide that the balance as found by the Court may be ordered to be paid by the guardian in case of default.10

(28) In section 34, a new sub-section should be inserted to require that the guardian should be given a reasonable opportunity of being heard before an order requiring payment under section 34(d) is passed.11

(29) In section 36(2), the reference to "Code of Civil Procedure" should now be suitably revised as a reference to Order 32, rule 1 and 4(2) of the Code of 1908.12

(30) A new sub-section (3) should be added to section 36 as follows:-

"(3) Where the guardian has been required by the Court to make payment of the balance due under clause (d) of sub-section (1) of section 34, the Court shall not grant leave under this section for the institution of a suit against the guardian in far as such a suit relates to the amount so required to be paid, unless the Court is satisfied that recovery of that amount otherwise than by a suit under this section is not reasonably practicable in the circumstances of the case. "13

(31) The opening words of section 37 should be replaced by a reference to sections 35 and 36, in conformity with current practice in legislative drafting.14

1. Para. 7.7.

2. Para. 7.82.

3. Para. 7.22.

4. Para. 6.61.

5. Para. 7.28.

6. Para. 7.30.

7. Para. 7.32.

8. Para. 7.37.

9. Para. 7.38.

10. Para. 7.41.

11. Para. 7.42.

12. Para. 7.45.

13. Para. 7.45.

14. Para. 7.46.

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

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