Gujarat High Court Civil Manual (subordinate court practice), 1960
In exercise of the powers conferred by section 50 of the Guardians and Wards Act, VIII of 1890, the High Court of Bombay is pleased to make the following rules :— (1) Applications under section 10 for the appointment or declaration of a guardian shall be made so far as may be in Form A at page 415, Volume II. (2) When the natural guardian of the minor is not proposed for being declared or appointed guardian, the applicant shall state the facts relied upon for showing that such person is unfit to act as guardian of the minor, or that he consents to the application. (3) The notice required by section 11 shall be in Form B at page 419, Volume II and shall be served in the manner therein prescribed and may in addition be published in a newspaper. (4) When the petition does not disclose the names of the near relatives of the minor, or when full details of the property of the minor are not furnished by the petitioner, the Court may call for a report from the Collector or from a subordinate Court as to the near relatives of the minor or the extent of the minor's property. (5) (:) The proposed guardian shall enter into a personal bond to cover the value of (1) moveable property kept by the guardian in his custody and (2) three years' income of the immoveable property of the minor. He shall furnish two sureties if the aforesaid estimated value be above Rs. 5,000 and one surety in other cases. (ii) The forms of the personal bond to be entered into by the proposed guardian and of the suretyship bond to be entered into by the sureties, shall be as given in Form C, at page 420, Volume II. (iii) The District Judge may, for sufficient reason, allow security to be furnished by the proposed guardian in any other form than the one prescribed above. (iv) The District Judge may for sufficient reasons to be recorded in writing, dispense with the security to be furnished by the proposed guardian or reduce its amount. (v) Every guardian shall be required to inform the Court immediately of the death of any of his sureties and to furnish another surety within one month of the death or such further time as the Court may grant. The Nazir of the District Court shall ascertain annually which of the guardian's sureties are alive and submit a report in the matter to the District Judge in January every year. (vi) Where security is required, the Court shall fix a time within which such security shall be furnished, and the order of appointment or declaration shall be made only after it has been furnished. (6) After the security, if any, has been furnished, the Court shall make a final order appointing or declaring a guardian, and thereupon a certificate of guardianship shall be issued to the guardian in Form D at page 422, Volume II. (7) At the time of the appointment or declaration of a guardian, or as soon thereafter as possible, the Court shall require the guardian— (i) to proceed to take possession of all the property belonging to the minor and, in case any difficulty arises in the course of taking possession of any such property, to report the facts immediately to the Court and to take such further steps as the Court may direct ; (ii) to prepare inventories of the property while taking possession thereof. The inventories should be signed by the guardian and countersigned by the panchas present and by the person or persons from whom possession of the property is taken ; (iii) to prepare a consolidated inventory in Form E at page 425, Volume II of all the property of the minor and of the encumbrances thereon. The consolidated inventory as well as the inventories, if any, prepared at the time of taking possession shall be furnished to the Court within six months as required by section 34 (b), unless for reasons to be recorded the Court extends the time ; (iv) to report to the Court without delay the details of the ornments or other valuable moveable property taken possession of by the guardian and to obtain orders as to whether they should be sold or retained. The guardian shall normally be required to keep all valuables and securities, except such as are by the express order of the Court allowed to be kept by him, in some branch of the State Bank of India or other approved bank, in the joint names of himself and the Nazir of the District Court ; (v) to submit a scheme of management in Form I at page 432 of Volume II with such modifications as the District Judge may find necessary ; (vi) to obtain the sanction of the Court for making every payment not sanctioned by the scheme of management ; (vii) to obtain from the payees receipts for all sums paid out of the minor's estate and preserve them as vouchers, and to pass receipts for payments received on behalf of the minor's estate and preserve their duplicates or counter-foils ; (viii) to obtain orders from the Court for instituting suits or defending suits on behalf of the minor ; (ix) to keep and maintain such accounts of the minor's estate as may be directed by the Court. The guardian shall normally be required to maintain a day-book and a ledger ; (x) to present in Court copies of the accounts maintained by him along with the account books, receipts and vouchers at least once in every six months, unless the Court requires the examination of the accounts at more frequent intervals ; (xi) to report to the Court without delay any appreciable increment to or diminution in the minor's property. The Court shall cause the same to be noted in the consolidated inventory produced under sub-rule (iii) above ; (xii) to keep all moneys received by him in such bank as may be approved by the Court over and above an amount of Rs. 250 which he may normally be allowed by the Court to keep on hand, and to seek orders of the Court for the investment of the surplus amounts ; (xiii) to report to the Court when a minor attains majority, or dies, or ceases to have interest in any property. (2) The final proceedings for the discharge from liabilities of a guardian of the property of a minor should be adjourned for six months after the guardian has deposited his final accounts.