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Report No. 83

4.14. Element of "care" in other statutory provisions.-

Reverting to the present definition of "guardian", it would be interest to note that the same element of "care" as is emphasised in the Act of 1890 is also emphasised in the Medical Termination of Pregnancy1 Act, which defines a guardian as meaning "a person having the care of the person of a minor or a lunatic" and (though in somewhat wider phraseology) in the Children Act,2 which provides that "guardian" in relation to a child, includes "any person who has for the time being the actual charge of, or control over, that child".

Under the Vaccination Act,2 section 2(3), "guardian" includes any person who has accepted or assumed the care or custody of any child. of the Hindu Minority and Guardianship Act, 1956

Under section 2 of the Children (Pledging of Labour) Act, 1933, "guardian" includes any person having legal custody of or control over a child.

1. Section 2(a), Medical Termination of Pregnancy Act (34 of 1971).

2. Section 2(k), Children Act (60 of 1960).

3. Section 2(3), Vaccination Act, 1880.

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

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