A Collector appointed or declared by the Court to be guardian of the person or property (or both) of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the State Government or of such authority as the Government, by notification in the Official Gazette, appoints in this behalf.
Explanation of Section 23:
This section defines the relationship of control and oversight over a Collector appointed as a guardian under the Guardians and Wards Act. It establishes the following:
1. Role of the Collector as Guardian:
- When a Collector is appointed by the Court as the guardian of a minor’s person or property (or both), the Collector holds the responsibilities associated with guardianship.
2. Control by the State Government:
- Despite being the appointed guardian, the Collector does not act entirely independently. The Collector is subject to the control of the State Government or an authority appointed by the State Government.
- The State Government can exert oversight and make decisions regarding how the guardian duties are carried out, ensuring the best interest of the minor is served.
3. Notification in the Official Gazette:
- The State Government has the authority to designate a specific authority to exercise control over the Collector. This is done through a notification in the Official Gazette.
- This means that in certain jurisdictions, the control of the Collector may be delegated to an alternate authority rather than the State Government directly, providing flexibility for different regions or circumstances.
Practical Implications:
- Oversight and Accountability:
- The provision ensures that the Collector, despite holding an important position as the guardian, remains accountable to the State Government or a designated authority. This is crucial for preventing any misuse of power or negligence in the guardianship duties.
- Flexibility for Regional Authorities:
- The use of a notification in the Official Gazette allows the State Government to tailor the control mechanism based on regional needs or administrative requirements. It provides a means for flexibility and ensures that the relevant authorities are empowered to oversee the Collector’s actions effectively.
- Guardian’s Decisions under Scrutiny:
- Since the Collector’s actions are under the control of a higher authority, any decisions made by the Collector regarding the minor’s care, property, or welfare can be reviewed, ensuring that the best interests of the minor are consistently upheld.
Conclusion:
Section 23 ensures oversight of a Collector acting as a guardian by making them subject to control by the State Government or a designated authority. This ensures that the guardian’s actions are in line with legal and ethical standards, providing a safeguard for the minor’s welfare and property. It also grants the State Government flexibility to appoint authorities who can supervise the collector’s actions.
