(1) This Act may be called the Guardians and Wards Act, 1890.
(2) It extends to whole of India1 [exceptthe State of Jammu and Kashmir]. 2 [***]; 3 [***].
(3) It shall come into force onthe 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 Repealed by the A.O., 1948, forthe words "inclusive of British Baluchistan".
3. The Word "and" omitted byAct 40 of 1949, section 3 and Schedule II.
Section 2 - [Repealed]
[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule].
Section 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 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
Section 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 of1875), is to be deemed not to have attained his majority;
(2) "guardian" means aperson having the care of the person of a minor or of his property or of bothhis person and property;
(3) "ward" means aminor 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 theexercise of its ordinary original civil jurisdiction;
2 [(5)"the Court" means-
(a) the District Court havingjurisdiction to entertain an application under this Act for an order appointingor declaring a person to be aguardian; or
(b) where a guardian has beenappointed or declared in pursuance of any such application-
(i) the Court which, or the Courtof the officer who, appointed or declared the guardian or is under this Act deemed to have appointedor declared the guardian; or
(ii)in any matter relating to the person of the ward the DistrictCourt having jurisdiction in the place where the ward for the time beingordinarily resides; or
(c) in respect of any proceedingtransferred under section 4A, the Court of the officer to whom such proceeding has been transferred;]
(6) "Collector" meansthe chief officer in charge of the revenue administration of a district andincludes any officer whom the State Government, bynotification 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 anyclass of persons, for all or any of the purposes of this Act;
3 [(7)[* * *]; and
(8) "prescribed" meansprescribed by rules made by the High Court under this Act.
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1. Now the Code of CivilProcedure, 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.
Section 4A - Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers
1[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 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. Inserted By Act 4 of 1936, section 3.