The Guardians and Wards Act, 1890 is a significant piece of legislation in India that governs the appointment of guardians for minors and the management of their property. Here are the key aspects of the Act:
Overview
- Enactment Date: March 21, 1890
- Purpose: To consolidate and amend the law relating to guardians and wards, ensuring the welfare of minors is prioritized in legal matters concerning guardianship.
PRELIMINARY
Section 1: Title, extent and commencement
Section 2: [Repealed.]
Section 3: Saving of jurisdiction of Courts of Wards and Chartered High Courts
Section 4: Definitions
Section 4A: Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers
APPOINTMENT AND DECLARATION OF GUARDIANS
Section 5: [Omitted.]
Section 6: Saving of power to appoint in other cases
Section 7: Power of the Court to make order as to guardianship
Section 8: Persons entitled to apply for order
Section 9: Court having jurisdiction to entertain application
Section 10: Form of application
Section 11: Procedure on admission of application
Section 12: Power to make interlocutory order for production of minor and interim protection of person and property
Section 13: Hearing of evidence before making of order
Section 14: Simultaneous proceedings in different Courts
Section 15: Appointment or declaration of several guardians
Section 16: Appointment or declaration of guardian for property beyond jurisdiction of the Court
Section 17: Matters to be considered by the Court in appointing guardian
Section 18: Appointment or declaration of Collector in virtue of office
Section 19: Guardian not to be appointed by the Court in certain cases
General
Section 20: Fiduciary relation of guardian to ward
Section 21: Capacity of minors to act as guardians
Section 22: Remuneration of guardian
Section 23: Control of Collector as guardian
Guardian of the person
Section 24: Duties of guardian of the person
Section 25: Title of guardian to custody of ward
Section 26: Removal of ward from jurisdiction
Guardian of property
Section 27: Duties of guardian of property
Section 28: Powers of testamentary guardian
Section 29: Limitation of powers of guardian of property appointed or declared by the Court
Section 30: Voidability of transfers made in contravention of section 28 or section 29
Section 31: Practice with respect to permitting transfers under section 29
Section 32: Variation of powers of guardian of property appointed or declared by the Court
Section 33: Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward
Section 34: Obligations on guardian of property appointed or declared by the Court
Section 34A: Power to award remuneration for auditing accounts
Section 35: Suit against guardian where administration-bond was taken
Section 36: Suit against guardian where administration-bond was not taken
Section 37: General liability of guardian as trustee
Termination of guardianship
Section 38: Right of survivorship among joint guardians
Section 39: Removal of guardian
Section 40: Discharge of guardian
Section 41: Cessation of authority of guardian
Section 42: Appointment of successor to guardian dead, discharged or removed
SUPPLEMENTAL PROVISIONS
Section 43: Orders for regulating conduct or proceedings of guardians, and enforcement of those orders
Section 44: Penalty for removal of ward from jurisdiction
Section 45: Penalty for contumacy
Section 46: Reports by Collectors and subordinate Courts
Section 47: Orders appealable
Section 48: Finality of other orders
Section 49: Costs
Section 50: Power of High Court to make rules
Section 51: Applicability of Act to guardians already appointed by Court
Section 52: [Repealed.]
Section 53: [Repealed.]
The Guardians and Wards Act, 1890 is a comprehensive law in India that governs the appointment and management of guardians for minors. It applies to individuals of all religions, except when specific personal laws provide otherwise. Below is an overview of its key provisions:
Purpose:
The Act aims to protect the welfare and interests of minors by providing a legal framework for appointing and regulating guardians. It ensures that minors have a responsible adult to care for them and manage their property when needed.
Key Provisions:
1. Definitions:
- Guardian: A person who is legally entrusted with the care of a minor or their property, or both.
- Ward: A minor under the care of a guardian.
2. Jurisdiction:
- The Act applies across India (except Jammu & Kashmir, unless explicitly extended) and to all minors regardless of religion.
- However, for Hindus, Muslims, Christians, and Parsis, personal laws may supersede certain provisions of the Act.
3. Types of Guardians:
- Natural Guardian: Usually the father or, in some cases, the mother under personal laws.
- Testamentary Guardian: Appointed by a will.
- Guardian Appointed by the Court: Appointed under the Act when no natural or testamentary guardian exists.
4. Powers of the Court:
- The District Court is empowered to appoint guardians based on the minor’s welfare.
- The court can also remove guardians if they fail in their duties or harm the minor’s welfare.
5. Welfare of the Minor:
- The Act prioritizes the best interests and welfare of the minor above all else.
- Factors like the minor’s age, sex, religion, character, and capacity of the guardian are considered.
6. Duties and Liabilities of Guardians:
- Proper care of the minor’s health, education, and upbringing.
- Management of the minor’s property responsibly.
- Avoidance of conflict of interest or misuse of the minor’s assets.
7. Guardianship of Property:
- Guardians managing a minor’s property must act in their best financial interest.
- Any misuse or mismanagement can lead to legal consequences, including removal.
8. Application Process:
- A person can apply for guardianship by submitting an application to the District Court.
- The court holds hearings and examines evidence to determine the suitability of the applicant.
9. Termination of Guardianship:
- Guardianship ends when the minor reaches adulthood (18 years in most cases).
- It can also be terminated if the guardian is found unfit or the purpose of guardianship is fulfilled.
Significance:
- The Act ensures the minor’s welfare is always the primary consideration.
- It provides a uniform legal framework applicable to all communities in cases not covered by personal laws.
Limitations:
- Interference from personal laws can sometimes create complexities.
- Procedural delays in court decisions may affect timely outcomes.