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Report No. 83

6.21. Need for amendment as to conditional orders.-

It appears to us that practical considerations justify the adoption of the wider view in the matter of power to issue conditional orders. Accordingly, we recommend that a suitable provision in this regard should be made by amending section 7.

In an appropriate case, the Court should have power to make an appointment conditional on the performance of a condition by the guardian within a specified period. It should also be provided that the order shall not be operative until the condition is satisfied. We recommend that insertion of the following new sub-section in section 7, to achieve this object:-

"(4) In an appropriate case, the Court may make an appointment of a guardian conditional on the performance by the guardian of a specified condition within a specified period and where such an order is passed, the order shall not be operative unless the condition is performed by the guardian within the period initially specified by the Court or subsequently extended by the Court."

III. Application and Steps to be Taken Thereon

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

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