Civil Manual 270 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

(i) The District Judge should bear in mind that the minor, in respect of whose person or property a guardian has been appointed under the Guardians and Wards Act, is committed especially to his care and that it is essential that the District Judge should exercise the closest supervision on the work of the guardian so as to secure the welfare of the minor. Attention of the District Judge is, in this connection, drawn to the Rules under the Guardians and Wards Act, 1890, in paragraph 271 below.

(ii) The District Judge should in each case require the guardian to furnish a statement of the property belonging to the minor within six months from the date of appointment and insist on submission of periodical accounts of receipts and expenditure. The nature and extent of the supervision to be exercised by the District Judge and the details to be required in the accounts submitted by a guardian will depend on the size of the estate, the relationship of the guardian with the minor and the intelligence and education of the guardian. The control exercised should in all cases be real, periodical and punctual. Careful and economic management of such estates is a matter essential to the proper administration of justice.

(iii) No ministerial official employed in the Judicial Department shall be appointed or declared as such official to be the guardian of the person or property of a minor, nor shall any such official be appointed or declared as aforesaid in his private capacity, unless he has been appointed by will or other instrument or is, by reason of relationship to the minor or other special circumstances not connected with his official position, suited to act as guardian.

(iv) The services of some responsible official may, however, be used to inquire into the management of estates by guardians and also to inquire into the upbringing and education of the minors.

(v) When a minor's estate comprises considerable landed estate, it would generally be desirable to appoint the Collector to be the guardian or to allow the estate to pass under the management of the Court of Wards.

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