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Report No. 83

Chapter 9-supplemental Provisions: Sections 43-51

(36) In section 43(4), a reference to Order 39, rules 1-2, Code of Civil Procedure, 1908 should be substituted.1

(37) In section 44, the amount "one thousand rupees" should be raised to "five thousand rupees".2

(38) In section 45, the various amounts of maximum fine should be in creased as recommended.3

(39) In section 47, a new clause (ff) should be inserted to provide for an appeal against an order directing or refusing to direct the guardian under section 34(d) to make payment of the balance due.4

(40) In section 47, a new clause (k) should be inserted to make appealable orders for the appointment of a successor guardian under section 42. As a consequential change, in clause (j), the word "or" should be added at the end, and the full stop should be replaced by a comma.5

(41) Section 48 should be revised so as to make an express provision for the variation of an order by the Court on certain grounds.6

(42) A new section 49A should be introduced to empower the recovery of various amounts due from a guardian under the Act as arrears of land revenue.7

(43) Section 51 should be repealed.8

1. Para. 9.2.

2. Para. 9.3.

3. Para. 9.3.

4. Para. 9.6.

5. Para. 9.8.

6. Para. 9.14.

7. Para. 9.16.

8. Para. 9.18.

P.V. Dixit,

S.N. Shankar,

Gangeshwar Prasad,

P.M. Bakshi,

New Delhi,
Dated: 22nd April, 1980.

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

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