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THE GUARDIANS AND WARDS ACT, 1890

Title : THE GUARDIANS AND WARDS ACT, 1890

Year : 1890

[Act, No. 8 of 1890]
[21st March, 1890]


PREAMBLE

An Act to consolidate and amend the law relating to [Guardian and Wards]1*.

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

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1. For Statement of Objects and Reasons, see Gazette of India, 1886, Pt. V, p. 77; for Report of the Select Committee, see Gazette of India., 1890, Pt. V, p. 77; and for Debates in Council, see Gazette of India, 1886, Supplement, pp. 419 and 666, and Gazette of India, 1890, Pt. VI, pp. 33 and 45.

This Act has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1972), section 3; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), Section 3 and Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule.

It has been declared not to be in force in the scheduled districts in Ganjam and Vizagapatam by notification under section 3 (b) of the Scheduled Districts Act, 1874 (14 of 1874), see Gazette of India, 1898, Pt. I, p. 872.

It has been extended to the portions of the partially excluded areas in the Madras State, in which the provisions of this Act are not in force by the Madras (Partially Excluded Areas) Guardians and Wards Regulation, 1940 (Mad. Reg. 6 of 1940), to Berar by the Berar Laws Act, 1941 (4 of 1941).

It has been extended, with modifications, to the district of koraput by the Koraput Guardians and Wards Regulation, 1943 (Orissa Reg. 7 of 1943).

It has been extended to the Union territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), subject to the following proviso:-

"Provided that nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry".

It has been supplemented by the Hindu Minority and Guardians Act, 1956 (32 of 1956), section 2.

This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I and to the whole of the Union territory of Lakshdweep by Reg. 8 of 1965, Section 3 and Schedule.
This Act has been enforced in the State of Sikkim, w.e.f. 1st September, 1984, vide S.O. 644(E), dated the 24th August, 1984, Gazette of India, Extraordinary, Pt. II, section 3(ii).

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(1) This Act may be called the Guardians and Wards Act, 1890.

(2) It extends to whole of India1*[except the State of Jammu and Kashmir]. 2 [***]; 3 [***].

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

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1. Substituted By Act 3 of 1951,section 3 and Schedule, for "except Part B States".

2. Repealed by the A.O., 1948, for the words "inclusive of British Baluchistan".

3. The Word "and" omitted by Act 40 of 1949, section 3 and Schedule II.

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[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule].



This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by1*[any competent Legislature, authority or person in2*[any State to which this Act extends]]; and nothing in this Act shall be construed to effect or in any way derogate from, the jurisdiction or authority of any Court of Wards , or to take away any power possessed by3*[any High Court4[* * *]].

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1. Substituted By the A.O., 1937 for "the Governor-General in Council or by a Governor or Lieutenant Governor in Council."

2. Substituted By Act 3 of 1951, section 3 and Schedule, for "Part A States and Part C States".

3. Substituted By the A.O., 1937, for "any High Court established under the Statute 24 and 25 Victoria, Chapter 104 (an Act for establishing High Courts of Judicature in India)".

4. The words "established in Part A States and Part C States", omitted by Act 3 of 1951, Section 3 and Schedule

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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 of1875), is to be deemed not to have attained his majority;

(2) "Guardian" means a person having the care of the person of a minor or of his property or of both his 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 Code of Civil Procedure, 1882(14 of 1882)1* , and includes a High Court in the exercise of its ordinary original civil jurisdiction;

2*[(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;

3*[(7)[* * *]; and

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

4A -4* 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 authorize 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.]

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1. Now the Code of Civil Procedure, 1908 (5 of 1908).

2. Substituted by Act 4 of 1926,Section 2, for the original clause (5).

3. Clause (7) omitted by Act 3 of1951, section 3 and Schedule.

4. Inserted By Act 4 of 1936, section 3.

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Last updated on August, 2016

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