Report No. 83
4.7. Section 4(2)-Whether justistic person can be 'guardian'.-
Comments in somewhat greater detail are needed in section 4(2), which defines "guardian" as a person having the care of the persons of a minor or of his property or of both his person and property. The question has arisen whether one other than a natural person can be appointed as a guardian. The Calcutta view on the subject is that a charitable society cannot be appointed as a guardian.1 According to this view, the definition of "person" in section 3(42) of the General Clauses Act, 1897 becomes inapplicable in view of certain provisions of the Act of 1890-such as, sections 43 and 45.
The Calcutta case has been dissented from by one Court.2
We are of the view that the Court should have a power to appoint a juristic person as a guardian subject to certain safeguards. The point is proposed to be considered further3 in a subsequent Chapter.
1. (a) Ashalata v. Society for Protection of Children in India, AIR 1930 Cal 397; (b) M.C. Sweoney v. Arbithnot, AIR 1931 Cal 563.
2. Lakshman Singh v. State, AIR 1955 VP 3 (4), para. 5 (Jagat Narayan, JC.) (Registered society).
3. See discussion relating to section 18A, infra.