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Guardians and Wards Act 1890

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Publisher Faculty Notes
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administration. It is proposed that suits by and against minors shall be regulated by Chapter XXXI of the Code of Civil Procedure now Civil P. C., 1908, Order XXXII , and that in a Bill which is to be introduced to amend that Code, provision be inserted conferring, among other privileges, on a guardian who has been appointed, or whose title has been declared, under the Guardians and Wards law, a preferential right to be appointed next friend or guardian for the suit.Acts 40 of 1858 and 20 of 1864 provide, in Sections 27 and 31, respectively, that nothing in those Acts shall authorise the appointment of any person other than a female as the guardian of the person of a female. The cases reported at ILR 10 Cal 15 and ILR 11 Cal 574. and the remarks at pages 213-14 of Sayyid Amir Ali's Personal Law of Mohammedans, seem to render the re-enactment of the provision inexpedient. Section 15 of the Bill specifies the matters by which the Court is to be guided in appointing a guardian, and one of those matters is the law to which the minor is subject.The provision of Act 20 of 1864, that the legal heir of a minor, or the person next in succession to his property, may not be appointed guardian of the person of the minor, has not been repeated. It Is considered that the appointment of such persons .should not be absolutely prohibited. This was the opinion of the Supreme Council when Act 40 of 1858 was about to be enacted Proceedings of Legislative Council, 1858. pages 576-77 . and is the opinion of the Hon'ble Mr. Melvill. If the Bill becomes law in its present form, Article 10 of Schedule I of the Court, fees Act, 1870, which applies only to the Presidencies of Bengal and Bombay, will become obsolete. It has, therefore, been included in the schedule of enactments to be repealed.
1 . Title, extent and commencement.- 1 This Act may be called the Guardians and Wards Act, 1890. 2 It extends to the whole of India except the State of Jammu and Kashmir . 3 It shall come into force on the first day of the July, 1890. 2 . .- Repealed by the Repealing Act, 1938 1 of 1938 , sec. 2 and Schedule .3 . Saving of jurisdiction of Courts of Wards and Chartered High Courts.- This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by any competent Legislature, authority or person in any state to which this Act extends and nothing in this Act shall be construed to effect or in any way derogate from, the jurisdiction or authority of any Court of Wards, or to take away any power possessed by any High Court . 4 . Definitions.- In this Act, unless there is something repugnant in the subject or context 1 "Minor" means a person who, under the provisions of the Indian Majority Act, 1875 9 of 1875 is to be deemed not to have attained his majority. 2. "Guardian" means minor for whose person or property or both there is a guardian. 3. "Ward" means a minor for whose person or property or both there is a guardian. 4. "District Court" has the meaning assigned to that expression in the code of Civil Procedure, 1882 14 of 1882 , and includes a High Court in the exercise of its ordinary original civil jurisdiction, 5 . "The Court" means. a The District Court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian, or b Where a guardian has been appointed or declared in pursuance of any such application i The Court which, or the Court of the officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian, or ii In any matter relating to the person of the ward the District Court having jurisdiction in the place where the ward for the time being ordinarily resides, or a In respect of any proceeding transferred under Section 4-A, the Court of the officer to whom such proceeding has been transferred. 1 "Collector" means the chief officer in charge of the revenue-administration of a district
and includes any officer whom the State Government, by notification in the official Gazette may, by name or in virtue of his office, appoint to be a Collector in any local area or with respected to any class of persons, for all or any of the purposes of this Act. 2 "Prescribed" means prescribed by rules made by the High Court under this Act.

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