Text of Section 22:
- Allowance for Guardian:
- A guardian appointed or declared by the Court shall be entitled to such allowance, if any, as the Court thinks fit, for his care and pains in the execution of his duties.
- Fees for Government Officers:
- When an officer of the Government is appointed or declared to be a guardian, the fees payable shall be paid to the Government out of the property of the ward, as the State Government directs by general or special order.
Explanation of Section 22:
This section deals with the remuneration of a guardian who has been appointed or declared by the Court. It covers two scenarios:
1. Allowance for Guardians Appointed by the Court:
- If a person is appointed or declared as a guardian by the Court, they are entitled to receive an allowance. This allowance is meant to compensate the guardian for their efforts and the care they provide in performing their duties.
- The amount of the allowance is determined at the discretion of the Court, depending on the circumstances of the guardianship. The Court takes into consideration factors such as the nature of the minor’s needs, the level of responsibility the guardian undertakes, and other relevant considerations.
- This provision acknowledges that guardianship can be a significant responsibility and aims to support the guardian financially for the care they provide.
2. Fees for Government Officers Appointed as Guardians:
- When a Government officer is appointed or declared as a guardian, the situation is different. In this case, any fees or remuneration that would be provided to the guardian is paid to the Government itself.
- The payment is made from the property of the ward, and the specific fees are determined by the State Government. The State Government may issue general or special orders to decide how these fees are managed and paid.
- The provision ensures that public servants acting as guardians are compensated appropriately, but it also specifies that the compensation comes from the ward’s property rather than from public funds.
Practical Implications:
- Court’s Discretion:
- The Court has wide discretion in determining the amount of the allowance, which can vary depending on the case. This means the Court can take into account the ward’s financial situation and the extent of the guardian’s involvement and effort.
- Support for Guardians:
- The allowance serves as a financial support mechanism for guardians, helping ensure they can dedicate the necessary time and resources to care for the minor.
- Government Guardianship:
- If a Government officer is appointed as the guardian, the funds to pay the fees come from the minor’s property. This ensures that the minor’s assets are used to support their welfare and the official’s duties, while not burdening public funds.
- The State Government’s role in setting the fee structure for government-appointed guardians ensures consistency and accountability in such appointments.
Conclusion:
Section 22 establishes a mechanism for the remuneration of guardians, ensuring that those appointed or declared by the Court are compensated for their role. The Court may grant an allowance to guardians, while in the case of Government officers, the fees are paid from the minor’s property as determined by the State Government. This section balances the need to support guardians while also protecting the minor’s estate from undue financial burden.
