Guardians and Ward Act One Liner Notes

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GUARDIANS AND WARDS ACT, 1890

PREAMBLE
What is the subject matter of the Guardians and Wards Act, 1890?	Law relating to guardians and wards.
What is the Act number of the Guardians and Wards Act?	Act No. 8 of 1890.
On what date did the Guardians and Wards Act, 1890 receive assent?	21st March, 1890.
What is the object of the Guardians and Wards Act, 1890?	To consolidate and amend the law relating to guardians and wards.

CHAPTER I
PRELIMINARY
What is the subject matter of Section 1?	Title, extent and commencement.
What is the short title of the Act?	The Guardians and Wards Act, 1890.
To what extent does the Guardians and Wards Act, 1890 extend?	It extends to the whole of India.
When did the Guardians and Wards Act, 1890 come into force?	On the first day of July, 1890.
What is the subject matter of Section 2?	Repeal.
What is the status of Section 2?	Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and the Schedule.
What is the subject matter of Section 3?	Saving of jurisdiction of Courts of Wards and Chartered High Courts.
Subject to what enactments shall this Act be read?	Every enactment passed before or after this Act relating to any Court of Wards by any competent legislature, authority or person in any State to which this Act extends.
What is the effect of Section 3 on the jurisdiction or authority of a Court of Wards?	Nothing in this Act shall be construed to affect or derogate from its jurisdiction or authority.
What is the effect of Section 3 on the powers of a High Court?	Nothing in this Act shall be construed to take away any power possessed by any High Court.
What is the subject matter of Section 4?	Definitions.
Who is a "minor" under the Guardians and Wards Act, 1890?	A person who, under the Indian Majority Act, 1875, is deemed not to have attained majority.
Who is a "guardian" under the Act?	A person having the care of the person of a minor, or of his property, or of both.
Who is a "ward" under the Act?	A minor for whose person or property, or both, there is a guardian.
What is meant by "District Court" under the Act?	It has the meaning assigned in the Code of Civil Procedure and includes a High Court exercising ordinary original civil jurisdiction.
What does "the Court" mean for entertaining an application for appointment or declaration of a guardian?	The District Court having jurisdiction to entertain the application under the Act.
What does "the Court" mean after a guardian has been appointed or declared?	The Court or the Court of the officer which appointed or declared, or is deemed under the Act to have appointed or declared, the guardian.
Which Court is competent in matters relating to the person of the ward after appointment or declaration of a guardian?	The District Court having jurisdiction where the ward for the time being ordinarily resides.
Which Court is competent in respect of proceedings transferred under section 4A?	The Court of the officer to whom the proceeding has been transferred.
Who is a "Collector" under the Act?	The chief officer in charge of the revenue administration of a district.
Who may appoint an officer to be a Collector for the purposes of the Act?	The State Government by notification in the Official Gazette.
How may an officer be appointed as a Collector under the Act?	By name or by virtue of his office.
For what purposes may an officer be appointed as a Collector under the Act?	For all or any of the purposes of the Act in any local area or with respect to any class of persons.
What does "prescribed" mean under the Act?	Prescribed by rules made by the High Court under the Act.
What is the subject matter of Section 4A?	Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.
Who may empower subordinate judicial officers to dispose of proceedings under the Act?	The High Court by general or special order.
Whom may the High Court authorise to empower subordinate judicial officers under Section 4A?	The Judge of a District Court.
Which subordinate judicial officers may be empowered under Section 4A(1)?	Officers exercising original civil jurisdiction subordinate to a District Court.
Which proceedings may an empowered subordinate judicial officer dispose of?	Proceedings under the Act transferred to such officer under Section 4A.
How may the Judge of a District Court transfer proceedings under Section 4A(2)?	By an order in writing.
At what stage may the Judge of a District Court transfer a proceeding under Section 4A(2)?	At any stage.
To whom may the Judge of a District Court transfer a pending proceeding under Section 4A(2)?	To an officer subordinate to him empowered under Section 4A(1).
What power does the Judge of a District Court have under Section 4A(3)?	He may at any stage transfer a proceeding pending before one empowered subordinate officer to his own Court or to another empowered subordinate officer.
When may the Judge of a District Court exercise the power under Section 4A(3)?	At any stage of the proceeding.
How may the Judge of a District Court declare the transferee Court to be the appointing or declaring Court under Section 4A(4)?	By an order in writing.
When is a declaration under Section 4A(4) applicable?	When proceedings are transferred in a case in which a guardian has been appointed or declared.
What is the legal effect of a declaration under Section 4A(4)?	The Court of the Judge or officer to whom the proceedings are transferred is deemed, for all or any of the purposes of the Act, to be the Court which appointed or declared the guardian.

CHAPTER II
APPOINTMENT AND DECLARATION OF GUARDIANS
What is the subject matter of Section 5?	Power of parents to appoint in case of European British subjects.
What is the status of Section 5?	Omitted by the Part B States (Laws) Act, 1951 (3 of 1951), section 3 and the Schedule.
What is the subject matter of Section 6?	Saving of power to appoint in other cases.
What is the effect of Section 6 on the power to appoint a guardian?	Nothing in this Act takes away or derogates from any power valid under the law to which the minor is subject to appoint a guardian of the minor's person, property, or both.
What is the subject matter of Section 7?	Power of the Court to make order as to guardianship.
When may the Court appoint or declare a guardian under Section 7?	When it is satisfied that such an order is for the welfare of the minor.
What appointments may the Court make under Section 7(1)?	It may appoint a guardian of the minor's person, property, or both.
What declaration may the Court make under Section 7(1)?	It may declare a person to be the guardian of the minor's person, property, or both.
What is the effect of an order under Section 7(2)?	It implies the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
Can the Court appoint another guardian where an existing guardian has been appointed by will, other instrument or by the Court?	Yes, but only after the powers of the existing guardian have ceased under the provisions of this Act.
When do the restrictions under Section 7(3) apply?	When the existing guardian has been appointed by will, other instrument, or appointed or declared by the Court.
What is the subject matter of Section 8?	Persons entitled to apply for order.
On whose application may an order under Section 7 be made?	The person desirous of being, or claiming to be, the guardian of the minor.
Who else may apply for an order under Section 7?	Any relative or friend of the minor.
Which Collector may apply for an order under Section 7?	The Collector of the district or other local area within which the minor ordinarily resides or in which he has property.
Which other Collector may apply for an order under Section 7?	The Collector having authority with respect to the class to which the minor belongs.
What is the subject matter of Section 9?	Court having jurisdiction to entertain application.
Which Court has jurisdiction over an application for guardianship of the person of a minor?	The District Court having jurisdiction where the minor ordinarily resides.
To which Court may an application for guardianship of the property of a minor be made?	The District Court having jurisdiction where the minor ordinarily resides or where the minor has property.
When may a District Court return an application relating to the guardianship of a minor's property?	When the application is made to a District Court other than that where the minor ordinarily resides and the Court considers that another competent District Court would dispose of it more justly or conveniently.
What is the subject matter of Section 10?	Form of application.
In what form shall an application, if not made by the Collector, be presented?	By a petition signed and verified in the manner prescribed by the Code of Civil Procedure for the signing and verification of a plaint.
What particulars regarding the minor shall an application state?	The minor's name, sex, religion, date of birth and ordinary residence, so far as can be ascertained.
What additional particulars shall be stated where the minor is a female?	Whether she is married and, if so, the name and age of her husband.
What particulars regarding the minor's property shall an application state?	The nature, situation and approximate value of the property, if any.
What particulars regarding custody shall an application state?	The name and residence of the person having custody or possession of the person or property of the minor.
What particulars regarding the minor's relatives shall an application state?	The near relations of the minor and where they reside.
What particulars regarding appointment of a guardian shall an application state?	Whether a guardian of the person or property, or both, has been appointed by a person entitled or claiming to be entitled under the law applicable to the minor.
What particulars regarding previous guardianship proceedings shall an application state?	Whether any application has been made to the Court or any other Court regarding the guardianship of the person or property, or both, of the minor and, if so, when, to which Court and with what result.
What shall an application specify regarding the relief sought?	Whether it seeks appointment or declaration of a guardian of the person, the property, or both.
What particulars shall be stated where the application is for appointment of a guardian?	The qualifications of the proposed guardian.
What particulars shall be stated where the application is for declaration of a guardian?	The grounds on which the person claims to be the guardian.
What shall an application state regarding its institution?	The causes which have led to the making of the application.
What additional particulars may an application contain?	Such particulars as may be prescribed or as the nature of the application renders necessary.
In what form shall an application by the Collector be made?	By a letter addressed to the Court and forwarded by post or in any other convenient manner.
What particulars shall an application by the Collector contain?	As far as possible, the particulars mentioned in sub-section (1).
What declaration must accompany every application?	A declaration of the willingness of the proposed guardian to act.
Who must sign the declaration of willingness to act as guardian?	The proposed guardian.
How many witnesses must attest the declaration of willingness to act?	At least two witnesses.
What is the subject matter of Section 11?	Procedure on admission of application.
When shall the Court proceed under Section 11?	When it is satisfied that there is ground for proceeding on the application.
What shall the Court do after being satisfied that there is ground for proceeding?	It shall fix a day for the hearing of the application.
What notice shall the Court issue under Section 11(1)?	Notice of the application and of the date fixed for the hearing.
In what manner shall notice under Section 11(1)(a) be served?	In the manner directed in the Code of Civil Procedure, 1882.
On whom shall notice be served under Section 11(1)(a)(i)?	The parents of the minor, if they are residing in any State to which this Act extends.
On whom shall notice be served under Section 11(1)(a)(ii)?	The person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor.
On whom shall notice be served under Section 11(1)(a)(iii)?	The person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant.
On whom may special notice be served under Section 11(1)(a)(iv)?	Any other person to whom, in the opinion of the Court, special notice of the application should be given.
Where shall notice be posted under Section 11(1)(b)?	On some conspicuous part of the court-house.
Where else shall notice be posted under Section 11(1)(b)?	On some conspicuous part of the residence of the minor.
How else may notice be published under Section 11(1)(b)?	In such manner as the Court thinks fit, subject to rules made by the High Court under this Act.
Who may require service of notice on the Collector under Section 11(2)?	The State Government by general or special order.
Under what circumstance may the State Government require service of notice on the Collector?	When any part of the property described in the petition is land of which a Court of Wards could assume the superintendence.
On which Collector shall notice be served under Section 11(2)?	The Collector of the district in which the minor ordinarily resides.
On which other Collectors shall notice be served under Section 11(2)?	Every Collector in whose district any portion of the land is situated.
What power does the Collector have after receiving notice under Section 11(2)?	He may cause the notice to be published in any manner he deems fit.
What fee is chargeable by the Court for the service or publication of notice under Section 11(2)?	No charge.
What fee is chargeable by the Collector for the service or publication of notice under Section 11(2)?	No charge.
What is the subject matter of Section 12?	Power to make interlocutory order for production of minor and interim protection of person and property.
What direction may the Court issue regarding the production of a minor?	It may direct the person having custody of the minor to produce or cause the minor to be produced at the appointed place, time and before the appointed person.
What interim orders may the Court make under Section 12(1)?	Orders for the temporary custody and protection of the person or property of the minor as it thinks proper.
How shall a female minor who ought not to be compelled to appear in public be produced?	In accordance with the customs and manners of the country.
Can the Court place a female minor in the temporary custody of a person claiming to be her husband?	Only if she is already in his custody with the consent of her parents, if any.
Does Section 12 authorise dispossession of a person in possession of a minor's property without due process?	No, a person entrusted with temporary custody and protection of the property cannot dispossess any person otherwise than by due course of law.
What is the subject matter of Section 13?	Hearing of evidence before making of order.
When shall the Court hear evidence on the application?	On the day fixed for hearing or as soon afterwards as may be.
What evidence shall the Court hear under Section 13?	Such evidence as may be adduced in support of or in opposition to the application.
What is the subject matter of Section 14?	Simultaneous proceedings in different Courts.
What shall a Court do if proceedings for appointment or declaration of a guardian are instituted in more than one Court?	It shall stay the proceedings before itself on being apprised of the proceedings in the other Court or Courts.
What shall Courts do when simultaneous proceedings are pending before Courts subordinate to the same High Court?	They shall report the case to the High Court.
What shall the High Court determine under Section 14(2)?	The Court in which the proceedings for appointment or declaration of the guardian shall be had.
What shall Courts do when simultaneous proceedings are pending before Courts not subordinate to the same High Court?	They shall report the case to their respective State Governments and be guided by the orders received from them.
What is the subject matter of Section 15?	Appointment or declaration of several guardians.
When may the Court appoint or declare two or more joint guardians?	When the law applicable to the minor permits two or more joint guardians of the person or property, or both, and the Court thinks fit.
What is the status of sub-sections (2) and (3) of Section 15?	Omitted.
Can separate guardians be appointed or declared for the person and property of a minor?	Yes, separate guardians may be appointed or declared for the person and the property of a minor.
Can separate guardians be appointed for different properties of a minor?	Yes, if the minor has several properties, the Court may appoint or declare a separate guardian for any one or more of the properties.
What is the subject matter of Section 16?	Appointment or declaration of guardian for property beyond jurisdiction of the Court.
What is the effect of appointing or declaring a guardian for property situated beyond the local jurisdiction of the Court?	The Court having jurisdiction where the property is situated shall accept the guardian as duly appointed or declared and give effect to the order on production of a certified copy of the order.
What is required for the Court having jurisdiction over the property to recognise a guardian appointed by another Court?	Production of a certified copy of the order appointing or declaring the guardian.
What is the subject matter of Section 17?	Matters to be considered by the Court in appointing guardian.
What is the paramount consideration for the Court in appointing or declaring a guardian?	The welfare of the minor, consistently with the law to which the minor is subject.
What factors shall the Court consider in determining the welfare of the minor?	The age, sex and religion of the minor, the character and capacity of the proposed guardian, his nearness of kin to the minor, the wishes of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
When may the Court consider the preference of the minor?	When the minor is old enough to form an intelligent preference.
What is the status of sub-section (4) of Section 17?	Omitted.
Can the Court appoint or declare a person as guardian against his will?	No.
What is the subject matter of Section 18?	Appointment or declaration of Collector in virtue of office.
What is the effect of appointing or declaring a Collector in virtue of his office as guardian?	The order authorises and requires the person for the time being holding the office to act as guardian of the person or property, or both, of the minor.
What is the subject matter of Section 19?	Guardian not to be appointed by the Court in certain cases.
Can the Court appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards?	No.
Can the Court appoint or declare a guardian of the person of a married female minor whose husband is not unfit?	No, if in the opinion of the Court the husband is not unfit to be guardian of her person.
Can the Court appoint or declare a guardian of the person of a minor, other than a married female, when the father or mother is living and not unfit?	No, if in the opinion of the Court the father or mother is not unfit to be guardian of the person of the minor.
Can the Court appoint or declare a guardian of the person of a minor whose property is under the superintendence of a Court of Wards competent to appoint such guardian?	No.

CHAPTER III
DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
What is the subject matter of Section 20?	Fiduciary relation of guardian to ward.
In what relation does a guardian stand to his ward?	A fiduciary relation.
Can a guardian make any profit out of his office?	No, except as provided by the will or other instrument by which he was appointed or by this Act.
To what transactions does the fiduciary relation of a guardian extend?	Purchases by the guardian of the ward's property, purchases by the ward of the guardian's property immediately or soon after the ward ceases to be a minor, and generally all transactions between them while the guardian's influence lasts or is recent.
What is the subject matter of Section 21?	Capacity of minors to act as guardians.
Is a minor competent to act as guardian of another minor?	No, except as guardian of his own wife or child, or, if he is the managing member of an undivided Hindu family, of the wife or child of another minor member of that family.
What is the subject matter of Section 22?	Remuneration of guardian.
Is a guardian appointed or declared by the Court entitled to remuneration?	Yes, such allowance, if any, as the Court thinks fit for his care and pains in the execution of his duties.
Who determines the allowance payable to a guardian appointed or declared by the Court?	The Court.
How are fees determined when a Government officer is appointed or declared guardian in his official capacity?	Such fees as the State Government directs by general or special order shall be paid to the Government out of the property of the ward.
What is the subject matter of Section 23?	Control of Collector as guardian.
To whose control is a Collector appointed or declared as guardian subject?	The State Government or such authority as the State Government appoints by notification in the Official Gazette.
In what matters is a Collector guardian subject to such control?	In all matters connected with the guardianship of his ward.
What is the subject matter of Section 24?	Duties of guardian of the person.
What are the duties of a guardian of the person of a ward?	To have custody of the ward and look to the ward's support, health, education and such other matters as the law applicable to the ward requires.
What is the subject matter of Section 25?	Title of guardian to custody of ward.
When may the Court order the return of a ward to the custody of the guardian?	When the ward leaves or is removed from the guardian's custody and the Court considers that the return is for the welfare of the ward.
How may the Court enforce an order for the return of a ward?	By causing the ward to be arrested and delivered into the custody of the guardian.
What power may the Court exercise for arresting a ward under Section 25(2)?	The power conferred on a Magistrate of the first class by section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does the residence of a ward with a person other than the guardian terminate the guardianship?	No, not merely because the ward resides against the guardian's will with another person.
What is the subject matter of Section 26?	Removal of ward from jurisdiction.
Can a guardian of the person remove the ward from the Court's jurisdiction without leave of the Court?	No, unless the guardian is the Collector or a guardian appointed by will or other instrument.
Which Court's leave is required for removal of a ward from its jurisdiction?	The Court by which the guardian was appointed or declared.
For what purpose may a ward be removed without leave of the Court?	For such purposes as may be prescribed.
What types of leave may the Court grant under Section 26(2)?	Special or general leave.
How may the leave granted under Section 26(2) be regulated?	It may be defined by the order granting it.
What is the subject matter of Section 27?	Duties of guardian of property.
How must a guardian of the property of a ward deal with the ward's property?	As carefully as a man of ordinary prudence would deal with it if it were his own.
What acts may a guardian of property perform in relation to the ward's property?	Subject to this Chapter, all acts that are reasonable and proper for the realisation, protection or benefit of the property.
What is the subject matter of Section 28?	Powers of testamentary guardian.
To what are the powers of a testamentary guardian to deal with the ward's immovable property subject?	Any restriction imposed by the will or other instrument appointing him.
When may a testamentary guardian dispose of immovable property despite a restriction in the appointing instrument?	When he has been declared guardian under this Act and the Court permits it by an order in writing.
How may the Court permit a testamentary guardian to dispose of immovable property contrary to the restriction?	By a written order specifying the immovable property and the permitted mode of disposal.
What is the subject matter of Section 29?	Limitation of powers of guardian of property appointed or declared by the Court.
To whom does Section 29 apply?	A guardian of property appointed or declared by the Court, other than a Collector or a guardian appointed by will or other instrument.
Can such a guardian mortgage, charge or transfer the ward's immovable property without previous permission of the Court?	No.
What modes of transfer of immovable property require previous permission of the Court under Section 29?	Sale, gift, exchange or any other mode of transfer, including mortgage or charge.
Can such a guardian lease the ward's immovable property without previous permission of the Court?	No, if the lease exceeds five years or extends more than one year beyond the date on which the ward ceases to be a minor.
What is the subject matter of Section 30?	Voidability of transfers made in contravention of section 28 or section 29.
What is the effect of a disposal of immovable property made in contravention of section 28 or section 29?	It is voidable at the instance of any person affected thereby.
What is the subject matter of Section 31?	Practice with respect to permitting transfers under section 29.
When may the Court grant permission to a guardian to perform an act under section 29?	Only in case of necessity or for an evident advantage to the ward.
What must an order granting permission under Section 31 recite?	The necessity or evident advantage for granting the permission.
What particulars must an order granting permission under Section 31 contain?	A description of the property and the conditions, if any, attached to the permission.
How must an order granting permission under Section 31 be recorded?	It shall be recorded, dated and signed by the Judge with his own hand or, if prevented, taken down from his dictation and dated and signed by him.
What condition may the Court impose regarding a sale under Section 31(3)?	That the sale shall not be completed without the sanction of the Court.
What condition may the Court impose regarding the manner of sale under Section 31(3)?	That the sale be made to the highest bidder by public auction before the Court or a person specially appointed by it at the specified time and place after the prescribed proclamation.
What condition may the Court impose regarding a lease under Section 31(3)?	That it shall not be made for a premium or shall be for such term and subject to such rents and covenants as the Court directs.
What condition may the Court impose regarding the proceeds of the permitted act under Section 31(3)?	That the whole or part of the proceeds be paid into Court for disbursement, investment on prescribed securities or other disposal as directed by the Court.
May the Court issue notice before granting permission under Section 31?	Yes, to any relative or friend of the ward who should, in its opinion, receive notice.
What must the Court do if a person appears in opposition to the application for permission?	It shall hear and record the statement of that person.
What is the subject matter of Section 32?	Variation of powers of guardian of property appointed or declared by the Court.
To whom does Section 32 apply?	A guardian of the property appointed or declared by the Court, other than the Collector.
What powers does the Court have under Section 32?	It may from time to time define, restrict or extend the guardian's powers with respect to the ward's property.
On what basis may the Court vary the powers of the guardian under Section 32?	In such manner and to such extent as it considers advantageous to the ward and consistent with the law to which the ward is subject.
What is the subject matter of Section 33?	Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward.
Who may apply to the Court for its opinion, advice or direction under Section 33?	A guardian appointed or declared by the Court.
To which Court shall an application under Section 33 be made?	The Court which appointed or declared the guardian.
On what matters may a guardian seek the Court's opinion, advice or direction?	Any present question respecting the management or administration of the ward's property.
What shall the Court do if it considers the question proper for summary disposal?	It shall cause a copy of the petition to be served on such interested persons as it thinks fit.
Who may attend the hearing of a petition under Section 33(2)?	Such persons interested in the application as the Court thinks fit.
What is the effect of a guardian acting in accordance with the Court's opinion, advice or direction under Section 33(3)?	He is deemed, as regards his own responsibility, to have performed his duty as guardian in relation to the subject-matter of the application, provided he stated the facts in good faith.
What is the subject matter of Section 34?	Obligations on guardian of property appointed or declared by the Court.
To whom does Section 34 apply?	A guardian of the property appointed or declared by the Court, other than the Collector.
When may the Court require a guardian to furnish a bond?	If so required by the Court.
To whom shall the bond under Section 34(a) be given?	To the Judge of the Court for the benefit of the Judge for the time being.
In what form shall the bond under Section 34(a) be given?	As nearly as may be in the prescribed form.
May the bond under Section 34(a) be furnished with sureties?	Yes, with or without sureties, as may be prescribed.
What is the purpose of the bond under Section 34(a)?	To ensure that the guardian duly accounts for what he receives in respect of the ward's property.
When must a guardian deliver the statement of the ward's property under Section 34(b)?	Within six months from the date of appointment or declaration or within such other time as the Court directs.
What particulars must the statement under Section 34(b) contain?	The ward's immovable property, the money and other movable property received on behalf of the ward, and the debts due to or from the ward as on the date of the statement.
When shall a guardian exhibit his accounts under Section 34(c)?	At such times and in such form as the Court directs.
When shall a guardian pay the balance due on the accounts into Court?	At such time and to such extent as the Court directs.
For what purposes shall a guardian apply the income or property of the ward under Section 34(f)?	For the maintenance, education and advancement of the ward and dependants, and for ceremonies to which the ward or any dependant is a party, as directed by the Court.
What is the subject matter of Section 34A?	Power to award remuneration for auditing accounts.
When may the Court appoint a person to audit the guardian's accounts?	When accounts are exhibited under clause (c) of section 34 or otherwise.
From where may remuneration for auditing accounts be paid?	Out of the income of the ward's property.
What is the subject matter of Section 35?	Suit against guardian where administration bond was taken.
When may the Court assign an administration bond?	On a petition, after being satisfied that the engagement of the bond has not been kept.
On what terms may the Court assign the administration bond?	On such terms as to security, payment of money into Court, or otherwise as the Court thinks fit.
To whom may the Court assign the administration bond?	To a proper person.
What is the effect of assignment of an administration bond?	The assignee may sue on the bond in his own name as if it had originally been given to him.
In what capacity does the assignee recover on the administration bond?	As trustee for the ward in respect of any breach of the bond.
What is the subject matter of Section 36?	Suit against guardian where administration bond was not taken.
When may a suit be instituted under Section 36(1)?	When a guardian appointed or declared by the Court has not given an administration bond.
Who may institute a suit under Section 36(1)?	Any person, with the leave of the Court, as next friend during the continuance of the ward's minority.
Against whom may a suit under Section 36(1) be instituted?	Against the guardian or, if he is dead, against his representative.
For what purpose may a suit under Section 36(1) be instituted?	For an account of what the guardian received in respect of the ward's property.
In what capacity does the plaintiff recover the amount decreed under Section 36(1)?	As trustee for the ward.
What amount may be recovered in a suit under Section 36(1)?	Such amount as is found payable by the guardian or his representative.
To what is a suit against a guardian under Section 36(1) subject?	Section 440 of the Code of Civil Procedure, 1882, as amended by this Act.
What is the subject matter of Section 37?	General liability of guardian as trustee.
Does Section 37 deprive a ward or his representative of any remedy against the guardian?	No.
What remedies are preserved under Section 37?	Any remedy not expressly provided in Sections 35 and 36 that a beneficiary or his representative would have against a trustee or the representative of a trustee.
What is the subject matter of Section 38?	Right of survivorship among joint guardians.
What is the effect of the death of one of two or more joint guardians?	The guardianship continues in the survivor or survivors until a further appointment is made by the Court.
What is the subject matter of Section 39?	Removal of guardian.
Who may initiate the removal of a guardian under Section 39?	Any person interested or the Court on its own motion.
Which guardians may be removed under Section 39?	A guardian appointed or declared by the Court or a guardian appointed by will or other instrument.
On what ground may a guardian be removed for abuse of trust?	For abuse of his trust.
On what ground may a guardian be removed for non-performance of duties?	For continued failure to perform the duties of his trust.
On what ground may a guardian be removed for inability to act?	For incapacity to perform the duties of his trust.
On what ground may a guardian be removed for conduct towards the ward?	For ill-treatment or neglect to take proper care of the ward.
On what ground may a guardian be removed for disobedience of law or Court orders?	For contumacious disregard of any provision of this Act or any order of the Court.
On what ground may a guardian be removed due to criminal conviction?	For conviction of an offence implying, in the opinion of the Court, a defect of character unfitting him to be guardian.
On what ground may a guardian be removed due to conflict of interest?	For having an interest adverse to the faithful performance of his duties.
On what ground may a guardian be removed for change of residence?	For ceasing to reside within the local limits of the jurisdiction of the Court.
On what ground may a guardian of property be removed due to financial status?	For bankruptcy or insolvency.
On what ground may a guardian be removed due to personal law?	Because the guardianship has ceased or is liable to cease under the law to which the minor is subject.
When can a testamentary guardian be removed on the ground of adverse interest?	Only if the adverse interest accrued after the death of the appointor or it is shown that the appointor made and maintained the appointment in ignorance of the adverse interest.
When can a testamentary guardian be removed on the ground of residence outside jurisdiction?	Only if the residence makes it impracticable, in the opinion of the Court, to discharge the functions of guardian.
What is the subject matter of Section 40?	Discharge of guardian.
How may a guardian appointed or declared by the Court resign his office?	By applying to the Court for discharge.
When shall the Court discharge a guardian who applies for discharge?	When it finds sufficient reason for the application.
When must the Court discharge a Collector guardian?	When the Collector applies for discharge and the State Government approves the application.
What is the subject matter of Section 41?	Cessation of authority of guardian.
When do the powers of a guardian of the person cease by reason of the guardian?	On the guardian's death, removal or discharge.
When do the powers of a guardian of the person cease due to action by the Court of Wards?	When the Court of Wards assumes superintendence of the person of the ward.
When do the powers of a guardian of the person cease due to the ward's age?	When the ward ceases to be a minor.
When do the powers of a guardian of the person of a female ward cease on her marriage?	On her marriage to a husband who is not unfit to be guardian of her person, or, where the guardian was appointed or declared by the Court, to a husband who is not, in the opinion of the Court, so unfit.
When do the powers of a guardian of the person cease where the father was previously unfit?	When the father ceases to be unfit or, if the Court had deemed him unfit, when he ceases to be so in the opinion of the Court.
When do the powers of a guardian of the property cease by reason of the guardian?	On the guardian's death, removal or discharge.
When do the powers of a guardian of the property cease due to action by the Court of Wards?	When the Court of Wards assumes superintendence of the property of the ward.
When do the powers of a guardian of the property cease due to the ward's age?	When the ward ceases to be a minor.
What may the Court require when the powers of a guardian cease?	It may require the guardian or, if dead, his representative to deliver any property belonging to the ward and any accounts relating to the ward's past or present property in his possession or control.
When may the Court discharge a guardian from his liabilities after cessation of powers?	After he has delivered the property or accounts as required by the Court.
What liability survives a discharge granted under Section 41(4)?	Liability in respect of any fraud subsequently discovered.
What is the subject matter of Section 42?	Appointment of successor to guardian dead, discharged or removed.
When may the Court appoint or declare a successor guardian under Section 42?	When a guardian appointed or declared by the Court is discharged, ceases to be entitled to act under the law applicable to the ward, or when such guardian or a guardian appointed by will or other instrument is removed or dies.
Who may initiate the appointment of a successor guardian under Section 42?	The Court on its own motion or on an application under Chapter II.
What is the condition for appointing or declaring a successor guardian under Section 42?	The ward must still be a minor.
What may the Court appoint or declare under Section 42?	Another guardian of the person, the property, or both, of the ward, as the case may be.


CHAPTER IV
SUPPLEMENTAL PROVISIONS
What is the subject matter of Section 43?	Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.
Who may initiate an order regulating the conduct or proceedings of a guardian under Section 43(1)?	Any person interested or the Court on its own motion.
Against whom may an order under Section 43(1) be made?	A guardian appointed or declared by the Court.
Who may apply to the Court when joint guardians are unable to agree on a question affecting the ward's welfare?	Any of the guardians.
What order may the Court make when joint guardians disagree?	Such order respecting the matter in difference as it thinks fit.
When shall the Court give notice before making an order under Section 43(1) or Section 43(2)?	Before making the order, unless the object of the order would be defeated by delay.
To whom shall notice be given before making an order under Section 43(1)?	The guardian.
To whom shall notice be given before making an order under Section 43(2)?	The guardian who has not made the application.
How may an order under Section 43(1) or Section 43(2) be enforced if disobeyed?	In the same manner as an injunction granted under section 492 or section 493 of the Code of Civil Procedure, 1882.
How is an enforcement proceeding under Section 43(1) deemed for the purpose of injunction?	As if the ward were the plaintiff and the guardian were the defendant.
How is an enforcement proceeding under Section 43(2) deemed for the purpose of injunction?	As if the guardian who made the application were the plaintiff and the other guardian were the defendant.
Does Section 43 apply to a Collector acting as guardian?	No, except in a case under Section 43(2).
What is the subject matter of Section 44?	Penalty for removal of ward from jurisdiction.
When is a guardian liable under Section 44?	When, to prevent the Court from exercising its authority over a ward, he removes the ward from the Court's jurisdiction in contravention of section 26.
What is the maximum fine under Section 44?	One thousand rupees.
What is the maximum term of imprisonment under Section 44?	Six months in the civil jail.
What is the subject matter of Section 45?	Penalty for contumacy.
When is a person having custody of a minor liable under Section 45(1)(a)?	When he fails to produce the minor under a direction issued under section 12(1) or fails to do his utmost to compel the minor to return under an order made under section 25(1).
When is a guardian liable under Section 45(1)(b)?	When he fails to deliver the statement required under section 34(b), exhibit accounts under section 34(c), or pay the balance due under section 34(d) within the time allowed.
When is a former guardian or his representative liable under Section 45(1)(c)?	When he fails to deliver property or accounts as required under section 41(3).
What is the maximum initial fine under Section 45(1)?	One hundred rupees.
What is the maximum daily fine for continuing default under Section 45(1)?	Ten rupees for each day after the first during which the default continues.
What is the maximum aggregate fine under Section 45(1)?	Five hundred rupees.
When may a person be detained in the civil jail under Section 45(1)?	Until he undertakes to produce or cause the production of the minor, compel the minor's return, deliver the statement, exhibit the accounts, pay the balance, or deliver the property or accounts, as the case may be.
What may the Court do if a person released on an undertaking fails to fulfil it within the time allowed?	The Court may cause him to be arrested and recommitted to the civil jail.
What is the subject matter of Section 46?	Reports by Collectors and subordinate Courts.
From whom may the Court call for a report under Section 46?	The Collector or any Court subordinate to it.
For what purpose may the Court use a report obtained under Section 46?	It may treat the report as evidence.
What powers may the Collector or subordinate Court exercise while preparing a report under Section 46?	They may make such inquiry as they deem necessary and exercise the powers of a Court under the Code of Civil Procedure to compel the attendance of witnesses and production of documents.
What is the subject matter of Section 47?	Orders appealable.
To which Court does an appeal lie under Section 47?	The High Court.
Which order under Section 7 is appealable?	An order appointing a guardian.
Which order under Section 7 is appealable?	An order declaring a guardian.
Which order under Section 7 is appealable?	An order refusing to appoint a guardian.
Which order under Section 7 is appealable?	An order refusing to declare a guardian.
Which order under Section 9(3) is appealable?	An order returning an application.
Which order under Section 25 is appealable?	An order making the return of a ward to the custody of the guardian.
Which order under Section 25 is appealable?	An order refusing the return of a ward to the custody of the guardian.
Which order under Section 26 is appealable?	An order refusing leave for the removal of a ward from the limits of the Court's jurisdiction.
Which order under Section 26 is appealable?	An order imposing conditions regarding the removal of a ward from the limits of the Court's jurisdiction.
Which order under Section 28 is appealable?	An order refusing permission to a guardian to do an act referred to in that section.
Which order under Section 29 is appealable?	An order refusing permission to a guardian to do an act referred to in that section.
Which order under Section 32 is appealable?	An order defining the powers of a guardian.
Which order under Section 32 is appealable?	An order restricting the powers of a guardian.
Which order under Section 32 is appealable?	An order extending the powers of a guardian.
Which order under Section 39 is appealable?	An order removing a guardian.
Which order under Section 40 is appealable?	An order refusing to discharge a guardian.
Which order under Section 43 is appealable?	An order regulating the conduct or proceedings of a guardian.
Which order under Section 43 is appealable?	An order settling a matter in difference between joint guardians.
Which order under Section 43 is appealable?	An order enforcing an order made under Section 43.
Which order under Section 44 is appealable?	An order imposing a penalty.
Which order under Section 45 is appealable?	An order imposing a penalty.
What is the subject matter of Section 48?	Finality of other orders.
When are orders made under this Act final?	Save as provided by section 47 of this Act and section 622 of the Code of Civil Procedure, 1882.
Can an order macrpcde under this Act be challenged by suit or otherwise?	No, except as provided by section 47 of this Act and section 622 of the Code of Civil Procedure, 1882.
What is the subject matter of Section 49?	Costs.
Who has the discretion to determine the costs of proceedings under the Act?	The Court in which the proceeding is had, subject to rules made by the High Court.
What costs are covered under Section 49?	The costs of any proceeding under the Act, including the costs of maintaining a guardian or other person in the civil jail.
What is the subject matter of Section 50?	Power of High Court to make rules.
Can the High Court make rules under the Act?	Yes, from time to time, consistent with the Act.
On what matters may the High Court make rules regarding reports?	The matters respecting which, and the time at which, reports should be called for from Collectors and subordinate Courts.
On what matters may the High Court make rules regarding guardians' allowances and security?	The allowances to be granted, the security to be required, and the cases in which such allowances should be granted.
On what matters may the High Court make rules regarding applications under sections 28 and 29?	The procedure to be followed on applications by guardians for permission to do acts referred to in those sections.
On what matters may the High Court make rules regarding requisitions under section 34?	The circumstances in which requisitions under clauses (a), (b), (c) and (d) of section 34 should be made.
On what matters may the High Court make rules regarding statements and accounts of guardians?	Their preservation and inspection by persons interested.
On what matters may the High Court make rules regarding audit under section 34A?	The audit of accounts, the class of persons to be appointed as auditors, and their scales of remuneration.
On what matters may the High Court make rules regarding wards' money?	The custody of money and securities for money belonging to wards.
On what matters may the High Court make rules regarding investment of wards' money?	The securities on which money belonging to wards may be invested.
On what matters may the High Court make rules regarding the education of wards?	The education of wards for whom guardians, other than Collectors, have been appointed or declared by the Court.
What general rule-making power does the High Court have under Section 50?	To make rules for the guidance of the Courts in carrying out the purposes of the Act.
When do rules made under clauses (a) and (i) of Section 50(1) take effect?	Only after approval by the State Government.
When do rules made under Section 50 take effect?	Only after publication in the Official Gazette.
What is the subject matter of Section 51?	Applicability of Act to guardians already appointed by Court.
To whom does Section 51 apply?	A guardian appointed by, or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act.
How are guardians covered by Section 51 treated under this Act?	They are subject to the provisions of this Act and the rules made under it as if appointed or declared by the Court under Chapter II, save as may be prescribed.
What is the subject matter of Section 52?	Amendment of Indian Majority Act.
What is the status of Section 52?	Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and the Schedule.
What is the subject matter of Section 53?	Amendment of Chapter XXXI of the Code of Civil Procedure.
What is the status of Section 53?	Repealed by the Code of Civil Procedure, 1908 (5 of 1908), section 156 and the Fifth Schedule.

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