Text of Section 51:
A guardian who has been appointed by, or holds a certificate of administration from, a Civil Court under any law that has been repealed by this Act, shall, except as otherwise prescribed, be subject to the provisions of this Act and the rules made under it. This means such a guardian will be treated as if they had been appointed or declared a guardian under Chapter II of this Act.
Simplified Explanation:
This section clarifies that if a guardian was appointed under a previous law that has been replaced by this Act, they are still bound by the rules and provisions of the new Guardians and Wards Act, 1890. Essentially, it applies the current guardianship framework to guardians who were appointed before the Act came into effect, making them subject to the same duties, rights, and responsibilities as those appointed under the new law.
Key Points:
- Existing Guardians: Guardians who were appointed under a repealed law are still subject to the Guardians and Wards Act.
- Uniform Treatment: They are treated the same as if they had been appointed under the current provisions of this Act.
- Exception: There may be exceptions or specific rules for such guardians, as determined by the prescribed provisions.
Purpose:
The purpose of this section is to ensure continuity and consistency in the guardianship process. It ensures that guardians already in place continue to follow the regulations of the new law, promoting uniformity and clarity in the administration of guardianships. This avoids confusion or disruption when laws change and ensures that all guardians, regardless of when they were appointed, are governed by the same legal framework.
