The GUARDIANS AND WARDS ACT, 1890

PRELIMINARY

Section 1 — Title, extent and commencement.

(1) This Act may be called the Guardians and Wards Act, 1890.

(2) It extends to the whole of India [Omitted] , [Omitted] [Omitted]

(3) It shall come into force on the first day of July, 1890.

Browse all 56 sections
  1. 1.Title, extent and commencement.
  2. 2.[Repealed.].
  3. 3.Saving of jurisdiction of Courts of Wards and Chartered High Courts.
  4. 4.Definitions.
  5. 4A.Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.
  6. 5.[Omitted.].
  7. 6.Saving of power to appoint in other cases.
  8. 7.Power of the Court to make order as to guardianship.
  9. 8.Persons entitled to apply for order.
  10. 9.Court having jurisdiction to entertain application.
  11. 10.Form of application.
  12. 11.Procedure on admission of application.
  13. 12.Power to make interlocutory order for production of minor and interim protection of person and property.
  14. 13.Hearing of evidence before making of order.
  15. 14.Simultaneous proceedings in different Courts.
  16. 15.Appointment or declaration of several guardians.
  17. 16.Appointment or declaration of guardian for property beyond jurisdiction of the Court.
  18. 17.Matters to be considered by the Court in appointing guardian.
  19. 18.Appointment or declaration of Collector in virtue of office.
  20. 19.Guardian not to be appointed by the Court in certain cases.
  21. 20.Fiduciary relation of guardian to ward.
  22. 21.Capacity of minors to act as guardians.
  23. 22.Remuneration of guardian.
  24. 23.Control of Collector as guardian.
  25. 24.Duties of guardian of the person.
  26. 25.Title of guardian to custody of ward.
  27. 26.Removal of war from jurisdiction.
  28. 27.Duties of guardian of property.
  29. 28.Powers of testamentary guardian.
  30. 29.Limitation of powers of guardian of property appointed or declared by the Court.
  31. 30.Voidability of transfers made in contravention of section 28 or section 29.
  32. 31.Practice with respect to permitting transfers under section 29.
  33. 32.Variation of powers of guardian of property appointed or declared by the Court.
  34. 33.Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward.
  35. 34.Obligations on guardian of property appointed or declared by the Court.
  36. 34A.Power to award remuneration for auditing accounts.
  37. 35.Suit against guardian where administration-bond was taken.
  38. 36.Suit against guardian where administration-bond was not taken.
  39. 37.General liability of guardian as trustee.
  40. 38.Right of survivorship among joint guardians.
  41. 39.Removal of guardian.
  42. 40.Discharge of guardian.
  43. 41.Cessation of authority of guardian.
  44. 42.Appointment of successor to guardian dead, discharged or removed.
  45. 43.Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.
  46. 44.Penalty for removal of ward from jurisdiction.
  47. 45.Penalty for contumacy.
  48. 46.Reports by Collectors and subordinate Courts.
  49. 47.Orders appealable.
  50. 48.Finality of other orders.
  51. 49.Costs.
  52. 50.Power of High Court to make rules.
  53. 51.Applicability of Act to guardians already appointed by Court.
  54. 52.[Repealed.].
  55. 53.[Repealed.].
  56. SCH-THE SCHEDULE. — [Repealed.]..THE SCHEDULE. — [Repealed.].