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).
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(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.
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(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 1Code of Civil Procedure (14 of 1882).
47. Orders appealable.— An appeal shall lie to the High Court from an order made by a 2***
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).
2. The word “District” rep. by Act 4 of 1926, s. 4.
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(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 1section 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 ;
2
[(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).
2. Ins. by Act 17 of 1929, s. 3.
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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.
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