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
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4
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(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 5
[any
competent legislature, authority or person in 6
[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 7
[any High Court 8
***].
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 9Code 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).
3. The words “inclusive of British Baluchistan” rep by A.O. 1948.
4. The word “and” omitted by Act 40 of 1949, s. 3 and the Second Schedule.
5. Subs. by the A.O. 1937, for “the G.G. in C., or by a Governor or Lieutenant-Governor in Council”.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States”.
7. Subs. by the A.O. 1937, for “any High Court established under the Statute 24 and 25 Victoria, Ch. 104 (an Act
for establishing High Courts of Judicature in India)”.
8. The words “established in Part A States and Part C States” omitted by Act 3 of 1951, s. 3 and the Schedule.
9. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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Procedure (14 of 1882), and includes a High Court in the exercise of its ordinary original civil
jurisdiction:
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[(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:
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* * * *; and
(8) “prescribed” means prescribed by rules made by the High Court under this Act.
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[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.]