Text of Section 50:
- Power to Make Rules:
- In addition to any other powers to make rules conferred explicitly or implicitly by this Act, the High Court has the authority to make rules from time to time that are consistent with the provisions of this Act.
- These rules may cover various aspects, including but not limited to:
- Reports from Collectors and subordinate Courts (Clause a).
- Allowances and security for guardians (Clause b).
- Procedure for applications by guardians for permission to perform specific acts (Clause c).
- Requisitions regarding guardians’ statements or accounts (Clause d).
- Preservation of statements and accounts (Clause e).
- Audit of accounts (Clause ff).
- Custody of money belonging to wards (Clause g).
- Securities for investments of wards’ money (Clause h).
- Education of wards (Clause i).
- General guidance for Courts in implementing the Act (Clause j).
- Approval and Publication:
- Rules under clauses (a) and (f) of sub-section (1) require approval from the State Government before they take effect.
- No rule made under this section will be effective until it has been published in the Official Gazette.
Simplified Explanation:
This section grants the High Court the power to make rules that are essential for the proper implementation of the Guardians and Wards Act, 1890. These rules cover a wide range of matters related to guardianship proceedings, including the procedures, responsibilities, and allowances for guardians, as well as the management of a ward’s property and education.
Key Points:
- Rule-making Authority: The High Court has significant authority to establish rules to support the functioning of the Act.
- Range of Rules: The rules may govern a variety of areas such as:
- How reports should be submitted by Collectors and subordinate Courts.
- Conditions for guardianship allowances and security.
- Procedures for granting guardians’ permissions to act on behalf of the ward.
- Regulations for safeguarding the ward’s money and investments.
- Educational provisions for wards.
- Approval and Publication:
- Rules regarding reports from Collectors and subordinate Courts must be approved by the State Government.
- All rules must be published in the Official Gazette to be enforceable.
Example of Impact:
- The High Court could create a rule that specifies how often a guardian needs to report to the Court about a ward’s finances and property.
- Another rule could define the security a guardian must provide to safeguard the ward’s assets, as well as the procedures for submitting and auditing accounts.
Purpose:
This section ensures that there is a consistent and organized framework for implementing the Guardians and Wards Act, providing detailed procedural guidelines and safeguards for both the ward and the guardian. By enabling the High Court to make rules, it allows for greater flexibility and adaptation in guardianship matters, ensuring the protection and welfare of minors in a way that evolves with changing needs and circumstances.
