Text of Section 18:
Where a Collector is appointed or declared by the Court, in virtue of his office, to be the guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the time being holding the office to act as guardian of the minor with respect to his person or property, or both, as the case may be.
Explanation of Section 18:
This section deals with the appointment of a Collector as the guardian of a minor, either for their person or property, or both. In certain cases, the Court may decide that a Collector is the most appropriate person to serve as a guardian, especially when there are concerns about the minor’s welfare or when the guardian’s role is more administrative in nature.
Here are the key aspects of this provision:
1. Appointment by Virtue of Office:
- The section allows for the appointment of the Collector as a guardian by virtue of their office. This means that the Court does not necessarily need to appoint an individual in a personal capacity, but rather, appoints the position of the Collector as the guardian.
- The Collector is typically a senior officer in charge of revenue administration at the district level, and in this case, their office is considered a suitable entity to act as a guardian.
2. Authorization and Requirement:
- The order issued by the Court that appoints or declares the Collector as the guardian authorizes the person holding the office of Collector to act in this capacity. It means that as long as someone holds the office of Collector, they are automatically recognized as the guardian for the minor’s person, property, or both, depending on the specific order.
- The order is binding on the person currently holding the position of Collector, meaning that the authority to act as the guardian does not require a new order each time the office changes hands. Whoever assumes the position of Collector will take on this responsibility.
3. Scope of Guardianship:
- The guardianship can apply to either the person or the property of the minor, or both. This allows the Collector to act in various capacities depending on the needs of the minor. The Collector may be given the authority to oversee the personal welfare of the minor, manage their property, or handle both areas.
Practical Implications:
- Continuity of Guardianship: The provision ensures continuity of guardianship, as the office of the Collector is a governmental role that is passed on from one individual to the next. The minor does not need to be reassigned a new guardian each time a new person takes over as Collector, thus simplifying the process and ensuring that the minor’s welfare remains attended to without disruption.
- Administrative Control: Appointing a Collector as a guardian is typically meant for cases where there are concerns over the minor’s estate or property management, or where the minor may be in a situation requiring more formal governmental oversight. This could apply in cases where the minor has significant property or other legal interests that need to be managed by an experienced administrative body.
- Limited to Certain Circumstances: This appointment is not meant for all cases of guardianship but rather for special circumstances where the administration of the minor’s property or welfare would benefit from the involvement of a government official.
Conclusion:
Section 18 provides a mechanism for the Collector to be appointed as a guardian by virtue of their office, authorizing the person holding the office to act in this capacity. This ensures continuity and efficiency in managing the welfare or property of the minor, particularly in administrative or legal matters where governmental oversight is necessary.
