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Section 4 – The Guardians and Wards Act, 1890

The Guardians and Wards Act, 1890

 

 

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” means minor for whose person or property or both there is a guardian.

 

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,

 

25. “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

 

(a) In respect of any proceeding transferred under Section 4-A, the Court of the officer to whom such proceeding has been transferred.

 

(1) “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 respected to any class of persons, for all or any of the purposes of this Act.

 

3[***]; and

 

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

 

—————

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

 

2. Subs. by Act 4 of 1926, sec. 2, for the original clause (5).

 

3. Clause (7) omitted by Act 3 of 1951, sec. 3 and Schedule.

 

 

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The Guardians and Wards Act, 1890

 

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