#THE GUARDIANS AND WARDS ACT, 1890 
______ 

##ARRANGEMENT OF SECTIONS 
______ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Title, extent and commencement. 
2. [Repealed.]. 
3. Saving of jurisdiction of Courts of Wards and Chartered High Courts. 
4. Definitions. 
4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings 
    to such officers. 

###CHAPTER II 

###APPOINTMENT AND DECLARATION OF GUARDIANS 

5. [Omitted.]. 
6. Saving of power to appoint in other cases. 
7. Power of the Court to make order as to guardianship. 
8. Persons entitled to apply for order. 
9. Court having jurisdiction to entertain application. 
10. Form of application. 
11. Procedure on admission of application. 
12. Power to make interlocutory order for production of minor and interim protection of 
    person and property. 
13. Hearing of evidence before making of order. 
14. Simultaneous proceedings in different Courts. 
15. Appointment or declaration of several guardians. 
16. Appointment or declaration of guardian for property beyond jurisdiction of the Court. 
17. Matters to be considered by the Court in appointing guardian. 
18. Appointment or declaration of Collector in virtue of office. 
19. Guardian not to be appointed by the Court in certain cases. 

###CHAPTER III 

###DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS 

*General*

20. Fiduciary relation of guardian to ward. 
21. Capacity of minors to act as guardians. 
22. Remuneration of guardian. 
23. Control of Collector as guardian. 

*Guardian of the person*

24. Duties of guardian of the person. 
25. Title of guardian to custody of ward. 
26. Removal of war from jurisdiction. 

*Guardian of property*

27. Duties of guardian of property. 
28. Powers of testamentary guardian. 
29. Limitation of powers of guardian of property appointed or declared by the Court. 
30. Voidability of transfers made in contravention of section 28 or section 29. 
31. Practice with respect to permitting transfers under section 29. 
32. Variation of powers of guardian of property appointed or declared by the Court. 
33. Right of guardian so appointed or declared to apply to the Court for opinion in management of 
  property, of ward. 
34. Obligations on guardian of property appointed or declared by the Court. 
34A. Power to award remuneration for auditing accounts. 
35. Suit against guardian where administration-bond was taken. 
36. Suit against guardian where administration-bond was not taken. 
37. General liability of guardian as trustee. 

*Termination of guardianship*

38. Right of survivorship among joint guardians. 
39. Removal of guardian. 
40. Discharge of guardian. 
41. Cessation of authority of guardian. 
42. Appointment of successor to guardian dead, discharged or removed. 

###CHAPTER IV 

###SUPPLEMENTAL PROVISIONS 

43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders. 
44. Penalty for removal of ward from jurisdiction. 
45. Penalty for contumacy. 
46. Reports by Collectors and subordinate Courts. 
47. Orders appealable. 
48. Finality of other orders. 
49. Costs. 
50. Power of High Court to make rules. 
51. Applicability of Act to guardians already appointed by Court. 
52. [Repealed.]. 
53. [Repealed.]. 
THE SCHEDULE. — [Repealed.]. 



#THE GUARDIANS AND WARDS ACT, 1890

##ACT NO. 8 OF 1890 
[^1]

[21st March, 1890.] 

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

  WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  relating  to  guardian  and  ward;  It  is 
hereby enacted as follows:— 

###CHAPTER I 

###PRELIMINARY 

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 [^2]***, 

(3) It shall come into force on the first day of July, 1890. 

2. *[Repeal.] Rep. by the Repealing Act,* 1938 (1 of 1938), s. 2 *and the 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 affect, 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” mean’s a person having the care of the person of a minor or of his property, or of 
both is person and property: 

(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  9 Code  of  Civil 



[^1].  This  Act  has  been  extended  to  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  Sch.  I,  to  the  whole  of  the  Union 
territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. and to Sikkim vide Notifn. No. S.O. 644(E), dated 24-81984, 
Gazette of India, Extraordinary, Pt. II, s. 3(ii) (w.e.f. 1-9-1984). 

This Act has been extended to Pondicherry by Act 26 of 1968, with the following modification: 
In section 1, after sub-section (2), insert:— 
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of 
Pondicherry.”. 

[^2]. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule 
    (w.e.f. 31-10- 2019). 
[^9]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

 
 
Procedure  (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 

  (c) in  respect  of  any  proceeding  transferred  under  section  4A,  the  Court  of  the  officer  to 
whom such proceeding has been transferred:

(6) “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 respect to any 
class of persons, for all or any of the purposes of this Act: 

; and 

(8) “prescribed”  means prescribed by rules made by the High Court under this Act. 

4A. **Power to  confer  jurisdiction  on  subordinate  judicial  officers  and  to  transfer 
proceedings to such officers.**—(1) The High Court may, by general or special order, empower any 
officer exercising original civil jurisdiction subordinate to a District Court, or authorise the Judge of 
any  District  Court  to  empower  any  such  officer  subordinate  to  him,  to  dispose  of  any  proceedings 
under this Act transferred to such officer under the provisions of this section. 

(2) The Judge of a  District Court may, by order in writing, transfer at any  stage any proceeding 
under this Act pending in his Court for disposal to any officer subordinate to him empowered under 
sub-section (1). 

(3) The  Judge  of  a  District  Court  may  at  any  stage  transfer  to  his  own  Court  or  to  any  officer 
subordinate  to  him  empowered  under  sub-section  (1)  any  proceeding  under  this  Act  pending  in  the 
Court of any other such officer. 

(4) When any proceedings are transferred under this section in any case in which a guardian has 
been appointed or declared, the Judge of the District Court may, by order in writing, declare that the 
Court of the Judge or officer to whom they are transferred shall, for all or any of the purposes of this 
Act, be deemed to be the Court which appointed or declared the guardian.

###CHAPTER II 

###APPOINTMENT AND DECLARATION OF GUARDIANS 

5. *[Power of parents to appoint in case of European British subjects.] Omitted by the Part B States 
(Laws) Act,* 1951 (3 of 1951), s. 3 *and Schedule.*

6. **Saving of power to appoint in other cases.**—In the case of a minor, nothing in this Act 
shall  be  construed  to  take away  or  derogate  from  any  power  to  appoint  a  guardian  of  his  person  or 
property, or both, which is valid by the law to which the minor is subject. 

7. **Power of the Court to make order as to guardianship.**—(1) where the Court is satisfied that 
it is for the welfare of a minor that an order should be made— 

  (a) appointing a guardian of his person or property, or both, or 

  (b) declaring a person to be such a guardian, 

the Court may make an order accordingly. 

(2) An  order  under  this  section  shall  imply  the  removal  of  any  guardian  who  has  not  been 
appointed by will or other instrument or appointed or declared by the Court. 

(3) Where a guardian has been appointed by will or other instrument or appointed or declared by 
the  Court,  an  order  under  this  section  appointing  or  declaring  another  person  to  be  guardian  in  his 
stead  shall  not  be  made  until  the  powers  of  the  guardian  appointed  or  declared  as  aforesaid  have 
ceased under the provisions of this Act. 

8. **Persons entitled to apply for order.**—An  order  shall  not  be  made  under  the  last  foregoing 
section except on the application of— 

  (a) the person desirous of  being, or claiming to be, the guardian of the minor, or 

  (b) any relative or friend of the minor, or 

  (c) the Collector of the district or other local area within which the minor ordinarily resides or 
in which he has property, or 

  (d) the Collector having authority with respect to the class to which the minor belongs. 

9. **Court having jurisdiction to entertain application.**—(1) If the application is with respect to 
the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction 
in the place where the minor ordinarily resides. 

(2) If the  application is  with  respect  to  the  guardianship  of  the  property  of the minor, it  may  be 
made either to the District Court having jurisdiction in the place where the minor ordinarily resides or 
to a District Court having jurisdiction in a place where he has property. 

(3) If  an  application  with  respect  to  the  guardianship  of  the  property  of  a  minor  is  made  to  a 
District Court other than that having jurisdiction in the place where the minor ordinarily resides, the 
Court may return the application if in its opinion the application would be disposed of more justly or 
conveniently by any other District Court having jurisdiction. 

10. **Form of application.**—(1)  If  the  application  is  not  made  by  the  Collector,  it  shall  be  by 
petition signed and verified in manner prescribed by the [^2]Code ,of Civil Procedure (14 of 1882) for 
the signing and verification of a plaint, and stating, so far as can be ascertained— 

  (a) the name, sex, religion, date of birth and ordinary residence of the minor; 

  (b) where  the  minor is  a  female,  whether  she  is  married,  and,  if  so,  the  name  and  age  of  her 
husband; 

  (c) the nature, situation and approximate value of the property, if any, of the minor; 

[^2]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 



  (d) the  name  and  residence  of  the  person  having  the  custody  or  possession  of  the  person  or 
property of the minor; 

  (e) what near relations the minor has, and where they reside; 

  (f) whether a guardian of the person or property, or both, of the minor has been appointed by 
any person entitled or claiming to be entitled by the law to which the minor is subject to make such 
an appointment; 

  (g) whether an application has at any time been made to the Court or to any other Court with 
respect to the  guardianship of the person or property, or both, of the minor, and, if so, when, to 
what Court and with what result; 

  (h) whether the application is for the appointment or declaration of a guardian of the person of 
the minor, or of his property, or of both; 

  (i) where the application is to appoint a guardian, the qualifications of the proposed guardian; 

  (j) where  the  application  is  to  declare  a  person  to  be  a  guardian,  the  grounds  on  which  that 
person claims; 

  (k) the causes which have led to the making of the applications; and 

  (l) such other particulars, if any, as may be prescribed or as the nature of the application renders 
it necessary to state. 

(2) If  the  application  is  made  by  the  Collector,  it  shall  be  by  letter  addressed  to  the  Court  and 
forwarded  by  post  or  in  such  other  manner  as  may  be  found  convenient,  and  shall  state  as  far  as 
possible the particulars mentioned in sub-section (1). 

(3) The application must be accompanied by a declaration of the willingness of the proposed 
guardian  to  act  and  the  declaration  must  be  signed  by  him  and  attested  by  at  least  two 
witnesses. 

11. **Procedure on admission of application.**—(1) If the Court is satisfied that there is ground 
for  proceeding  on  the  application,  it  shall fix  a  day  for  the  hearing  thereof,  and  cause  notice  of  the 
application and of the date fixed for the hearing— 

  (a) to be served in the manner directed in the [^1]Code of Civil Procedure (14 of 1882) on— 

     (i) the parents of the minor if they arc residing in any State to which this Act extends, 

     (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, 

     (iii) the  person  proposed  in  the  application  or letter  to  be  appointed  or  declared  guardian, 
unless that person is himself the applicant, and 

     (iv) any other person to whom, in the opinion of the Court, special notice of the application 
should be given; and 

  (b) to be posted on some conspicuous part of the court-house, and of the residence of the minor, 
and otherwise published in such manner as the Court, subject to any rules made by the High Court 
under this Act, thinks fit. 

(2) The  State  Government  may,  by  general  or  special  order,  require  that,  when  any  part  of  the 
property described in a petition under section 10, sub-section (1), is land of which a Court of Wards 
could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the 
Collector in whose district the minor ordinarily resides, and on 

[^1]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

 

every Collector in whose district any portion of the land is situate, and the Collector may cause the 
notice to be published in any manner he deems fit. 

(3) No  charge  shall  be  made  by  the  Court  or  the  Collector  for  the  service  or  publication  of  any 
notice served or published under sub-section (2). 

12. **Power  to  make  interlocutory  order  for  production  of  minor  and  interim  protection  of 
person and property.**—(1) The Court may direct that the person, if any, having the custody of the 
minor shall produce him or cause him to be produced at such place and time and before such person 
as  it  appoints,  and  may  make  such  order  for the  temporary  custody  and  protection  of the  person  or 
property of the minor as it thinks proper. 

(2) If the minor is a female who ought not to be compelled to appear in public, the direction under 
sub-section (1) for her production shall require her to be produced in accordance with the customs and 
manners of the country. 

(3) Nothing in this section shall authorise— 

  (a) the Court to place a female minor in the temporary custody of a person claiming to be her 
guardian  on  the  ground  of  his  being  her  husband,  unless  she  is  already  in  his  custody  with  the 
consent of her parents, if any, or 

  (b) any  person  to  whom  the  temporary  custody  and  protection  of  the  property  of  a  minor  is 
entrusted to dispossess otherwise than by due course of law any person in possession of any of the 
property. 

13. **Hearing  of  evidence  before  making  of  order.**—On  the  day  fixed  for  the  hearing  of  the 
application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in 
support of or in opposition to the application. 

14. **Simultaneous  proceedings  in  different  Courts.**—(1) If proceedings for the  appointment or 
declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on 
being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself. 

(2) If the Courts arc both or all subordinate to the same High Court, they shall report the case to the 
High Court, and the High Court shall determine in which of the Courts the proceedings with respect to 
the appointment or declaration of a guardian of the minor shall be had. 

(3)  In  any  other  case  in  which  proceedings  arc  stayed  under.  sub-section  (1),  the  Courts  shall 
report  the  case  to,  and  be  guided  by  such  orders  as  they  may  receive  from,  their  respective  State 
Governments

15. **Appointment  or  declaration  of  several  guardians.**—(1)  If  the  law  to  which  the  minor  is 
subject admits of his having two or more joint guardians of his person or property, or both, the Court 
may, if it thinks fit, appoint or declare them. 

(4) Separate guardians may be appointed or declared of the person and of the property of a minor. 

(5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate 
guardian for any one or more of the properties. 

16. **Appointment  or  declaration  of  guardian  for  property  beyond  jurisdiction  of  the 
Court.**—If  the  Court  appoints  or  declares  a  guardian  for  any  property  situate  beyond  the 
local limits  of its jurisdiction, the  Court  having jurisdiction in the  place  where the
property  is  situate  shall,  on  production  of  a  certified  copy  of  the  order  appointing  or  declaring  the 
guardian, accept him as duly appointed or declared and give effect to the order. 

17. **Matters  to  be  considered  by  the  Court  in  appointing  guardian.**—(1) In  appointing  or 
declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided 
by what, consistently with the law to which the minor is subject, appears in the circumstances to be 
for the welfare of the minor. 

(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, 
sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of 
kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the 
proposed guardian with the minor or his property. 

(3) If  the  minor  is  old  enough  to  form  an  intelligent  preference,  the  Court  may  consider  that 
preference. 

(5) The Court shall not appoint or declare any person to be a guardian against his will. 

18. **Appointment or declaration of Collector in virtue of office.**—Where  a  Collector  is 
appointed or declared by the Court in virtue of his office to be guardian of the person or property, or 
both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the 
person for the time being holding the office to act as guardian of the minor with respect to his person 
or property, or both, as the case may be. 

19. **Guardian not to be appointed by the Court in certain cases.**—Nothing in this Chapter shall 
authorise  the  Court  to  appoint  or  declare  a  guardian  of  the  property  of  a  minor  whose  property  is 
under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person— 

  (a) of a minor who is a married female and whose husband is not, in the opinion of the Court, 
unfit to be guardian of her person, or 

[^2][(b) of a minor, other than a married female, whose father or mother is living and is not, in the 
opinion of the court, unfit to be guardian of the person of the minor, or.] 

  (c) of a minor whose property is under the superintendence of a Court of Wards competent to 
appoint a guardian of the person of the minor. 

###CHAPTER III 

###DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS 

*General*

20. **Fiduciary relation of guardian to ward.**—(1) A guardian stands in a fiduciary relation to his 
ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by 
this Act, he must not make any profit out of his office. 

(2) The  fiduciary  relation  of  it  guardian  to  his  ward  extends  to  and  affects  purchases  by  the 
guardian of the property of the ward, and by the ward of the property of the guardian, immediately or 
soon after the ward has ceased to be a minor, and generally all transactions between them while the 
influence of the guardian still lasts or is recent. 

21. **Capacity of minors to act as guardians.**—A minor is incompetent to act as guardian of any 
minor  except  his  own  wife  or  child  or  where  he  is  the  managing  member  of  an  undivided  Hindu 
family, the wife  or child of another minor Member of that family. 

[^2]. Subs. by Act 30 of 2010, s. 2 for sub-clause (b) (w.e.f. 31-8-2010). 



22. **Remuneration of guardian.**—(1)  A  guardian  appointed  or  declared  by  the  Court  shall  be 
entitled to such allowance, if any, as the Court thinks fit for his care and paints in the execution of his 
duties. 

(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian, 
such fees shall be paid to the Government out of the property of the ward as the State Government, by 
general or special order, directs. 

23. **Control of Collector as guardian.**—A  Collector  appointed  or  declared  by  the  Court  to  be 
guardian  of  the  person  or  property,  or  both,  of  a  minor  shall,  in  all  matters  connected  with  the 
guardianship of his ward, be subject to the control of the State Government or of such authority as that 
Government, by notification in the Official Gazette, appoints in this behalf. 

*Guardian of the person*

24. **Duties  of  guardian  of  the  person.**—A guardian of the person of a ward is charged with 
the custody of the ward and must look to his support, health and education, and such other matters as 
the law to which the ward is subject requires. 

25. **Title of guardian to custody of ward.**—(1) If a ward leaves or is removed from the custody 
of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to 
return  to  the  custody  of  his  guardian,  may  make  an  order  for  his  return,  and  for  the  purpose  of 
enforcing  the  order  may  cause  the  ward  to  be  arrested  and  to  be  delivered  into  the  custody  of  the 
guardian. 

(2) For  the  purpose  of  arresting  the  ward,  the  Court  may  exercise  the  power  conferred  on  a 
Magistrate of the first class by section 100 of the [^2]Code of Criminal Procedure, 1882 (10 of 1882). 

(3) The residence of a ward against the will of his guardian with a person who is not his guardian 
does not of itself terminate the guardianship. 

26. **Removal of ward from jurisdiction.**—(1) A guardian of the person appointed or declared 
by the Court unless he is the Collector or is a guardian appointed by will or other instrument, shall 
not, without the leave of the Court by which he was appointed or declared, remove  the ward from 
the limits of its jurisdiction except for such purposes as may be prescribed. 

(2) The leave granted by the Court under sub-section (1) may be special or general, and  may  be 
defined by the order granting it. 

*Guardian of property*

27. **Duties of guardian of property.**—A  guardian  of  the  property  of  a  ward  is  bound  to  deal 
therewith  as  carefully  as  a  man  of  ordinary  prudence  would  deal  with  it  if  it  were  his  own,  and, 
subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the 
realisation, protection or benefit of the property. 

28. **Powers of testamentary guardian.**—Where a  guardian has been appointed by will or other 
instrument,  his  power  to  mortgage  or  charge,  or  transfer  by  sale,  gift,  exchange  or  otherwise, 
immovable property belonging to his ward is subject to any restriction which may be imposed by the 
instrument,  unless  he  has  under  this  Act  been  declared  guardian  and  the  Court  which  made  die 
declaration  permits  him  by  an  order  in  writing,  notwithstanding  the  restriction,  to  dispose  of  any 
immovable property specified in the order in a manner permitted by the order. 

29. **Limitation  of  powers  of  guardian  of  property  appointed  or  declared  by  the 
Court.**—Where a person other than a Collector, or than a guardian appointed by will or other 

[^2]. See now the Code of Criminal Procedure, 1898 (Act 5 of 1898). 



instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he 
shall not, without the previous permission of the Court,— 

  (a) mortgage  or  charge,  or  transfer  by  sale,  gift,  exchange  or  otherwise,  any  part  of  the 
immovable property of his ward, or 

  (b) lease  any  part  of  that  property  for  a  term  exceeding  five  years  or  for  any  term  extending 
more than one year beyond the date on which the ward will cease to be a minor. 

30. **Viodability of transfers made in contravention of section 28 or section 29.**—A disposal of 
immovable  property  by  a  guardian  in  contravention  of  either  of  the  two  last  foregoing  sections  is 
voidable at the instance of any other person affected thereby. 

31. **Practice  with  respect  to  permitting  transfers  under  section  29.**—(1)  Permission  to  the 
guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case 
of necessity or for an evident advantage to the ward. 

(2) The order granting the permission shall recite the necessity or advantage, as the case may 
be, describe the property with respect to which the act permitted is to be done, and specify such 
conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, 
dated  and  signed  by  the  Judge  of  the  Court  with  his  own  hand,  or,  when  from  any  cause  he  is 
prevented from recording the order with his own hand, shall be taken down in writing from his 
dictation and be dated and signed by him. 

(3) The Court may in its discretion attach to the permission the following among other conditions, 
namely:— 

  (a) that a sale shall not be completed without the sanction of the Court; 

  (b) that a sale shall be made to the highest bidder by public auction, before the Court or 
some  person  specially  appointed  by  the  Court  for  that  purpose,  at  a  time  and  place  to  be 
specified by the Court, after such proclamation of the intended sale as the Court, subject to 
any rules made under this Act by the High Court, directs; 

  (c) that a lease shall not be made in consideration of a premium or shall be made for such term 
of years and subject to such rents and covenants as the Court directs; 

  (d) that the whole or any part of the proceeds of the act permitted shall be paid into the 
Court  by  the  guardian,  to  be  disbursed  therefrom  or  to  be  invested  by  the  Court  on 
prescribed securities or to be otherwise disposed of as the Court directs. 

(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court 
may cause notice of the application for the permission to be given to any relative or friend of the 
ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of 
any person who appears in opposition to the application. 

32. **Variation  of  powers  of  guardian  of  property  appointed  or  declared  by  the  Court.**—
Where a guardian of the property of a ward has been appointed or declared by the Court and such 
guardian is not the Collector, the Court may, from time to time, by order, define, restrict or extend 
his  powers  with  respect  to  the  property  of  the  ward  in  such  manner  and  to  such  extent  as  it  may 
consider  to  be  for  the  advantage  of  the  ward  and  consistent  with  the  law  to  which  the  ward  is 
subject. 

33. **Right  of  guardian  so  appointed  or  declared  to  apply  to  the  Court  for  opinion  in 
management  of  property  of  ward.**—(1) A  guardian  appointed  or  declared  by  the  Court  may 
apply by petition to the Court which appointed or declared him for its opinion, advice or direction 
on any present question respecting the management or administration of the property of his ward. 

(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of 
the petition to be served on, and the hearing thereof may be attended by, such of the persons interested 
in the application as the Court thinks fit. 

(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice 
or  direction  given  by  the  Court  shall  be  deemed,  so  far  as  regards  his  own  responsibility,  to  have 
performed his duty as guardian in the subject-matter of the application. 

34. **Obligations  on  guardian  of  property  appointed  or  declared  by  the  Court.**—Where  a 
guardian of the property of a ward has been appointed or declared by the Court and such guardian is 
not the Collector, he shall,— 

  (a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the 
Judge  of  the  Court  to  ensure  for  the  benefit  of  the  Judge  for  the  time  being,  with  or  without 
sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the 
property of the ward; 

  (b) if  so  required  by  the  Court,  deliver  to  the  Court,  within  six  months  from  the  date  of  his 
appointment or declaration by the Court, or within such other time as the Court directs, a statement 
of the immovable property belonging to the ward, of the money and other movable property which 
he has received on behalf of the ward up to the date of delivering the statement, and of the debts 
due on that date to or from the ward; 

  (c) if so required by the Court, exhibit his accounts in the Court at such times and in such form 
as the Court from time to time directs; 

  (e) if so required by the Court, pay into the Court at such time as the Court directs the balance 
due from him on those accounts, or so much thereof as the Court directs; and 

  (f) apply for the maintenance, education and advancement of the ward and of such persons as 
are  dependent  on  him,  and  for  the  celebration  of  ceremonies  to  which  the  ward  or  any  of  those 
persons may be a party, such portion of the income of the property of the ward as the Court from 
time to time directs, and, if the Court so directs, the whole or any part of that property. 

34A. **Power to award remuneration for auditing accounts.**—When accounts are exhibited by 
a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34 
or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration 
for the work be paid out of the income of the property.

35. **Suit against guardian where administration bond was taken.**—Where a guardian appointed 
or declared by the Court has given a bond duly to account for what he may receive in respect of the 
property of his ward, the Court may, on application made by petition and on being satisfied that the 
engagement of the bond has not been kept, and upon such terms as to security, or providing that any 
money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some 
proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had 
been  originally  given  to  him  instead  of  to  the  Judge  of  the  Court,  and  shall  be  entitled  to  recover 
thereon, as trustee for the ward, in respect of any breach thereof. 

36. **Suit against guardian where administration bond was not taken.**—(1) Where a guardian 
appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the 
Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon 
such  terms  as  aforesaid,  institute  a  suit  against  the  guardian,  or,  in  case  of  his  death,  against  his 
representative, for an account of what the guardian has received in respect of the property of the ward, 
and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the 
guardian or his representative, as the case may be. 

(2) The  provisions  of  sub-section  (1)  shall,  so  far  as  they  relate  to  a  suit  against  a  guardian,  be 
subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by 
this Act[^1]. 

37. **General liability of guardian as trustee.**—Nothing in either of the two last foregoing sections 
shall be construed to deprive a ward or his representative of any remedy against his guardian, or the 
representative  of  the  guardian,  which,  not  being  expressly  provided  in  either  of  those  sections,  any 
other  beneficiary  or  his  representative  would  have  against  his  trustee  or  the  representative  of  the 
trustee. 

*Termination of guardianship*

38. **Right  of  survivorship  among  joint  guardians.**—On the  death  of  one  of  two  or  more  joint 
guardians, the guardianship continues to the survivor or survivors until a further appointment is made 
by the Court. 

39. **Removal of guardian.** —The Court may, on the application of any person interested, or of its 
own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or 
other instrument, for any of the following causes, namely:— 

  (a) for abuse of his trust; 

  (b) for continued failure to perform the duties of his trust; 

  (c) for incapacity to perform the duties of his trust; 

  (d) for ill-treatment, or neglect to take proper care, of his ward; 

  (e) for contumacious disregard of any provision of this Act or of any order of the Court; 

  (f) for  conviction  of  an  offence  implying,  in  the  opinion  of  the  Court,  a  defect  of  character 
which unfits him to be the guardian of his ward; 

  (g) for having an interest adverse to the faithful performance of his duties; 

  (h) for ceasing to reside within the local limits of the jurisdiction of the Court; 

  (i) in the case of a guardian of the property, for bankruptcy or insolvency; 

  (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law 
to which the minor is subject: 

  Provided  that  a  guardian  appointed  by  will  or  other  instrument,  whether  he  has  been  declared 
under this Act or not, shall not be removed— 

  (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of 
the  person  who  appointed  him,  or  it  is  shown  that  that  person  made  and  maintained  the 
appointment in ignorance of the existence of the adverse interest, or 

  (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, 
in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian. 

40. **Discharge of guardian.**—(1) If a guardian appointed or declared by the Court desires to resign 
his office, he may apply to the Court to be discharged. 

(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if 
the  guardian  making  the  application  is  the  Collector  and  the  State  Government  approves  of  his 
applying to be discharged, the Court shall in any case discharge him. 

41. **Cessation of authority of guardian.**—(1) The powers of a guardian of the person cease— 

  (a) by his death, removal or discharge; 

  (b) by the Court of Wards assuming superintendence of the person of the ward; 

[^1]. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 
1908). 



  (c) by the ward ceasing to be a minor; 

  (d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of 
her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband 
who is not, in the opinion of the Court, so unfit; or 

  (e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the 
father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be 
so in the opinion of the Court. 

(2) The powers of a guardian of the property cease— 

  (a) by his death, removal or discharge; 

  (b) by the Court of Wards assuming superintendence of the property of the ward; or 

  (c) by the ward ceasing to be a minor. 

(3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, 
his  representative  to  deliver  as  it  directs  any  property  in  his  possession  or  control  belonging  to  the 
ward or any accounts in his possession or control relating to any past or present property of the ward. 

(4) When  he  has  delivered  the  property  or  accounts  as  required  by  the  Court,  the  Court  may 
declare him to be discharged from his liabilities save as regards any fraud which may subsequently be 
discovered. 

42. **Appointment  to  successor  to  guardian  dead,  discharged  or  removed.**—When a  guardian 
appointed  or  declared  by  the  Cowl  is  discharged,  or,  under  the  law  to  which  the  ward  is  subject, 
ceases  to  be  entitled  to  act,  or  when  any  such  guardian  or  a  guardian  appointed  by  will  or  other 
instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if 
the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the 
case may be. 

###CHAPTER IV 

###SUPPLEMENTAL PROVISIONS 

43. **Orders  for  regulating  conduct  or  proceedings  of  guardians,  and  enforcement  of  those 
orders.**—(1) The Court may, on the application of any person interested or of its own motion, make 
an order regulating the conduct or proceedings of any guardian appointed or declared by the Court. 

(2) Where  there  are  more  guardians  than  one  of  a  ward,  and  they  are  unable  to  agree  upon  a 
question affecting his welfare, any of them may apply to the Court for its direction, and the Court may 
make such order respecting the matter in difference as it thinks fit. 

(3) Except  where  it  appears  that the object of making an order under sub-section (1) or 
sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice 
of the application therefor or of the intention of the Court to make it, as the case may be, to be given, 
in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who 
has not made the application 

(4) In  case  of  disobedience  to  an  order  made  under  sub-section  (1)  or  sub-section  (2),  the  order 
may be enforced in the same manner as an injunction granted under section 492 or section 493 of the 
Code of Civil Procedure (14 of 1882), in a case under sub-section (1), as if the ward were the plaintiff 
and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made 
the application were the plaintiff and the other guardian were the defendant. 

(5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, 
as such, a guardian. 

44. **Penalty  for  removal  of  ward  from  jurisdiction.**—If,  for  the  purpose  or  with  the  effect  of 
preventing  the  Court  from  exercising  its  authority  with  respect  to  a  ward,  a  guardian  appointed  or 
declared  by  the  Court  removes  the  ward  from  the  limits  of  the  jurisdiction  of  the  Court  in 
contravention  of  the  provisions  of  section  26,  he  shall  be  liable,  by  order  of  the  Court,  to  find  not 
exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six 
months. 

45. **Penalty for contumacy.**—(1) In the following cases, namely:— 

  (a) if a person having the custody of a minor fails to produce him or cause him to be produced 
in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the 
minor  to  return  to  the  custody  of  his  guardian  in  obedience  to  an  order  under  section  25, 
sub-section (1), or 

  (b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time 
allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit 
accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court 
the balance due from him on those accounts in compliance with a requisition under clause (d) of 
that section, or 

  (c) if a person who has ceased to be a guardian, or the representative of such a person, fails to 
deliver any property or accounts in compliance with a requisition under section 41, sub-section (3), 

the person, guardian or representative, as the case may be,  shall be liable, by order of the Court, to 
fine  not  exceeding  one  hundred  rupees,  and  in  case  of  recusancy  to  further  fine  not  exceeding  ten 
rupees for each day after the first during which the default continues, and not exceeding five hundred 
rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or 
cause  him  to  be  produced,  or  to  compel  his  return,  or  to  deliver  the  statement,  or  to  exhibit  the 
accounts, or to pay the balance, or to deliver the property or accounts, as the case may be. 

(2) If  a  person  who  has  been  released  from  detention  on  giving  an  undertaking  under 
sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the Court may 
cause him to be arrested and re-committed to the civil jail. 

46. **Reports by Collectors and subordinate Courts.**—(1) The Court may call upon the Collector, 
or upon any court subordinate to the Court, for a report on any matter arising in any proceeding under 
this Act and treat the report as evidence. 

(2) For the purpose of preparing the report the Collector or the Judge of the subordinate Court as 
the  case  may  be,  shall  make  such  inquiry  as  he  deems  necessary,  and  may  for  the  pruposes  of  the 
inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a 
document which is conferred on a Court by the [^1]Code of Civil Procedure (14 of 1882). 

47. **Orders appealable.**— An  appeal  shall  lie  to  the  High  Court  from  an  order  made  by  a 
Court,— 

  (a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or, 

  (b) under section 9, sub-section (3), returning an application ; or, 



[^1]. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 

 
                                                      
  (c) under  section  25,  making  or  refusing  to  make  an  order  for  the  return  of  a  ward  to  the 
custody of his guardian; or, 

  (d) under section 26, refusing leave for, the removal of award from the limits of the jurisdiction 
of the Court, or imposing conditions with respect thereto; or, 

  (e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in 
the section; or, 

  (f) under section 32, defining, restricting or extending the powers of a guardian ; or, 

  (g) under section 39, removing a guardian ; or, 

  (h) under section 40, refusing to discharge a guardian; or, 

  (i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in 
difference between joint guardians, or enforcing the order ; or, 

  (j) under section 44 or section 45, imposing a penalty. 

48. **Finality of other orders.**—Save as provided by the last foregoing section and by [^1]section 622 
of the Code of Civil Procedure (14 of 1882), an order made under this Act shall be final and shall not 
be liable to be contested by suit or otherwise. 

49. **Costs.**—The  costs  of  any  proceeding  under  this  Act,  including  the  costs  of  maintaining  a 
guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this 
Act, be in the discretion of the Court in which the proceeding is had. 

50. **Power of High Court to make rules.**—(1)  In  addition  to  any  other  power  to  make  rules 
conferred  expressly  or  impliedly  by  this  Act,  the  High  Court  may  from  time  to  time  make  rules 
consistent with this Act— 

  (a) as to the matters respecting which, and the time at which, reports should be called for from 
Collectors and subordinate Courts; 

  (b) as to the allowances to be granted to, and the security to be required from, guardians, and 
the cases in which such allowances should be granted; 

  (c) as to the procedure to be followed with respect to applications of guardians for permission 
to do acts referred to in sections 28 and 29 ; 

  (d) as to the circumstances in which such requisitions as arc mentioned in clauses (a), (b), (c) 
and (d) of section 34 should be made ; 

  (e) as to the preservation of statements and accounts delivered and exhibited by guardians ; 

  (ff) as to the inspection of those statements and accounts by persons interested ; 

  (ff) as  to  the  audit  of  accounts  under  section  34A,  the  class  of  persons  who  should  be 
appointed to audit accounts, and the scales of remuneration to be granted to them;

  (g) as to the custody of money, and securities for money, belonging to wards ; 

  (h) as to the securities on which money belonging to wards may be invested ; 

  (i) as to the education of wards for whom guardians, not being Collectors, have been appointed 
or declared by the Court ; and, 

  (j) generally, for the guidance of the Courts in carrying out the purposes of this Act. 

(2) Rules  under  clauses  (a)  and  (1)  of  sub-section  (1)  shall  not  have  effect  until  they  have  been 
approved by the State Government, nor shall any rule under this section have effect until it has been 
published in the Official Gazette. 



[^1]. See now s. 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908). 



51. **Applicability of Act to guardians already appointed by Court.**—A guardian appointed by, 
or holding a certificate of administration from, a Civil Court under any enactment repealed by this Act 
shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules made under 
it, as if he had been appointed or declared by the Court under Chapter II. 

52. *[Amendment of Indian Majority Act.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the 
Schedule.*

53. *[Amendment  of  Chapter  XXXI  of  the  Code  of  Civil  Procedure.]  Rep.  by  the  Code  of  Civil 
Procedure,* 1908 (5 of 1908), s. 156 *and the Fifth Schedule.*

*THE SCHEDULE.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and 
the Schedule.*