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Report No. 83

6.49. Insertion of new sub-section-Periodical reports.-

We have so far covered of the questions formulated by us in connection with section 17. The third question1 concerns a matter of procedure. In our opinion, there should be a provision empowering the Court to call for periodical reports from the guardian appointed by the Court about the health, education and welfare of the minor. The period for submission of the reports may be fixed according to the circumstances of each case. To achieve this object, we recommend that two new sub-sections may be inserted in section 17 as follows2:-

"(6) The Court may require the person appointed or declared to be the guardian under this section or the person to whom custody of the minor is entrusted under this Act to furnish to the Court, at such intervals as the Court may, in the circumstances of the case, deem fit, periodical reports regarding the health and education of the minor and such other matters relating to his welfare as the Court may specify."

"(7) The Court, on receipt of the reports under sub-section (6), shall consider them as soon as possible and may issue such directions to the guardian or other persons furnishing them as the Court may, in the interests of the minor, think fit."

1. Para. 6.39, supra.

2. If considered appropriate, the matter can be dealt with by a separate section to be inserted in the procedural provisions, say, as section 43A.

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

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