Act 8 of 1890

The Guardians and Wards Act, 1890

An Act to consolidate and amend the law relating to Guardian and Wards.

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1890-03-21
  • 55 sections
SectionTitle
1 Title, extent and commencement.Read
2 [Repealed.].Read
3 Saving of jurisdiction of Courts of Wards and Chartered High Courts.Read
4 Definitions.Read
4A Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.Read
5 [Omitted.].Read
6 Saving of power to appoint in other cases.Read
7 Power of the Court to make order as to guardianship.Read
8 Persons entitled to apply for order.Read
9 Court having jurisdiction to entertain application.Read
10 Form of application.Read
11 Procedure on admission of application.Read
12 Power to make interlocutory order for production of minor and interim protection of person and property.Read
13 Hearing of evidence before making of order.Read
14 Simultaneous proceedings in different Courts.Read
15 Appointment or declaration of several guardians.Read
16 Appointment or declaration of guardian for property beyond jurisdiction of the Court.Read
17 Matters to be considered by the Court in appointing guardian.Read
18 Appointment or declaration of Collector in virtue of office.Read
19 Guardian not to be appointed by the Court in certain cases.Read
20 Fiduciary relation of guardian to ward.Read
21 Capacity of minors to act as guardians.Read
22 Remuneration of guardian.Read
23 Control of Collector as guardian.Read
24 Duties of guardian of the person.Read
25 Title of guardian to custody of ward.Read
26 Removal of war from jurisdiction.Read
27 Duties of guardian of property.Read
28 Powers of testamentary guardian.Read
29 Limitation of powers of guardian of property appointed or declared by the Court.Read
30 Voidability of transfers made in contravention of section 28 or section 29.Read
31 Practice with respect to permitting transfers under section 29.Read
32 Variation of powers of guardian of property appointed or declared by the Court.Read
33 Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward.Read
34 Obligations on guardian of property appointed or declared by the Court.Read
34A Power to award remuneration for auditing accounts.Read
35 Suit against guardian where administration-bond was taken.Read
36 Suit against guardian where administration-bond was not taken.Read
37 General liability of guardian as trustee.Read
38 Right of survivorship among joint guardians.Read
39 Removal of guardian.Read
40 Discharge of guardian.Read
41 Cessation of authority of guardian.Read
42 Appointment of successor to guardian dead, discharged or removed.Read
43 Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.Read
44 Penalty for removal of ward from jurisdiction.Read
45 Penalty for contumacy.Read
46 Reports by Collectors and subordinate Courts.Read
47 Orders appealable.Read
48 Finality of other orders.Read
49 Costs.Read
50 Power of High Court to make rules.Read
51 Applicability of Act to guardians already appointed by Court.Read
52 [Repealed.].Read
53 [Repealed.].Read
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