The Guardian and Wards Act, 1890

- CHAPTER I Preliminary
1. Title, extent and commencement. (1) This Act may be called the Guardians and
Wards Act, 1890.
(2) It extends to the whole of Pakistan; and.
(3) It shall come into force on the first day of July, 1890.

[2. Repealed : [Rep by the Repealing Act, 1938 (1 of 1938), S. 2 and Schedule.]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 any competent Legislature, authority or person in Pakistan,
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 any High Court.

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 Majority Act, 1875, is
to be deemed not to have attained his Majority;
(2) 'guardian' means a person having the care of the person of a minor or his
property, or of both his 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 Code of Civil
Procedure 1908 (Act V of 1908) and includes a High Court in the exercise of its
ordinary original civil jurisdiction.
(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
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(ii) in any matter relating to the person of the ward, the District Court having
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jurisdiction in the place where the ward for the time being ordinarily resides; or
(c) in respect of any proceeding transferred under Section 4-A, the Court of the
officer to whom such proceeding has been transferred.
(6) 'Collector' means the Chief officer incharge of the revenue-administration of a
district, and includes any officer whom the Provincial Government, by notification
in the official Gazette, may by name or in virtue of his office, appoint to be
Collector in any local area, or with respect to any class of persons, for all or any of
purposes of this Act;
(7) 'European British subject'. [Omitted by the Federal Laws (Revision and
Declaration) Ordinance, XXVII of 1981} ;
(8) 'prescribed' means prescribed by rules made by the High Court under this Act.

[4-A. 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 on the purposes of this Act, be deemed to be the
Court which appointed or declared the guardian.]

The Guardian and Wards Act, 1890 - CHAPTER II - Appointment and

Declaration of Guardian
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5. Power of Parents to appoint in case of European British subjects. Omitted by the

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Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981].

6. Saving of power to appoint in other cases. In the case of a minor who is not a
European British subject, nothing in this Act shall be construed to take away or
derogate from any power to appoint a guardian of his person or property, or both,
which is valid by the law to which the minor is subject.

7. Power of the Court to make order as to guardianship. (1) Where the Court is
satisfied that it is for the welfare of a minor that order should be made:-
(a) appointing a guardian of his person or property, or both; or
(b) declaring a person to .be such a guardian, the Court may make an order
accordingly.
(2) An order under this section shall imply the removal of any guardian who has
not been appointed by will or other instrument or appointed or declared by the
Court.
(3) Where a guardian has been appointed by will or other instrument, or appointed
or declared by the Court, an order under this section appointing or declaring
another person to be guardian in his stead shall not be made until the powers of the
guardian appointed or declared as aforesaid have ceased under the provisions of
this Act.

8. Persons entitled to apply for order. An order shall not be made under the last
foregoing Section except on the application of:-
(a) the person desirous of being, or claiming to be, the guardian of the minor; or
(b) any relative or friend of the minor; or
(c) the Collector of the District or other local area within which the minor
ordinarily resides or in which he has property; or
(d) the Collector having authority with respect to the class to which the minor
belongs.

9. Court having jurisdiction to entertain application. (1) If the application is with

respect to the guardianship of the person of the minor, it shall be made to the
District Court having jurisdiction in the place where the minor ordinarily resides.
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(2) If the application is with respect to the guardianship of the property of the
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minor, it may be made either to the District Court having jurisdiction in the place
where the minor ordinarily resides or to a District Court having jurisdiction in a
place where he has property.
(3) If an application with respect to guardianship of the property of a minor is
made to a District Court other than that having jurisdiction in the place where the
minor ordinarily resides, the Court may return the application if in its opinion the
application would be disposed of more justly or conveniently by any other District
Court having jurisdiction.

10. Form of application. (1) If the application is not made by the Collector, it shall
be by petition signed and verified in manner prescribed by the Code of Civil
Procedure 1908 (Act V of 1908) for the signing and verification of a plaint, and
stating, so far as can be ascertained-
(a) the name, sex, religion, date of birth and ordinary residence of the minor;
(b) where the minor is a female, whether she is married, and, if so, the name and
age of her husband;
(c) the nature, situation and approximate value of the property, if any, of the minor;
(d) the name and residence of the person having the custody or possession of the
person or property of the minor;
(e) what near relations the minor has, and where they reside;
(f) whether a guardian of the person or property, or both, of the minor has been
appointed by any person entitled or claiming to be entitled by the law to which the
minor is subject to make such an appointment ;
(g) whether an application has at any time been made to the Court or to any other
Court with respect to the guardianship of the person or property, or both, of the
minor, and, if so, when, to what Court and with what result;
(h) whether the application is for the appointment or declaration of a guardian of
the person of the minor, or his property, or of both;
(i) where the application is to appoint a guardian, the qualifications of the proposed
guardian ;
(j) where the application is to declare a person to be a guardian, the grounds on
which that person claims;
(k) the causes which have led to the making of the application; and
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(l) such other particulars, if any, as may be prescribed or as the nature of the
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application renders it necessary to state.
(2) If the application is made by the Collector, it shall be by letter addressed to the
Court and forwarded by post or in such other manner as may be found convenient,
and shall state as far as possible the particulars mentioned in sub-section (1).
(3) The application must be accompanied by a declaration of the willingness of the
proposed guardian to act and the declaration must be signed by him and attested by
at least two witnesses.

11. Procedure on admission of application. (1) If the Court is satisfied that there is
ground for proceeding on the application, it shall fix a day for the hearing thereof,
and cause notice of the application and of the date fixed for hearing:
(a) to be served in the manner directed in the Code of Civil Procedure 1908 (Act V
of 1908), on-
(i) the parents of the minor if they are residing in Pakistan;
(ii) the person, if any, named in the petition or letter as having the custody or
possession of the person or property of the minor;
(iii) the person proposed in the application or letter to be appointed or declared
guardian, unless that person is himself the applicant; and
(iv) any other person to whom, in the opinion of the Court, special notice of the
application should be given; and
(b) to be pasted on some conspicuous part of the Court-house and of the residence
of the minor, and otherwise published in such manner as the Court, subject to any
rules made by the High Court under this Act, thinks fit.
(2) The Provincial Government may, by general or special order, require that,
when any part of the property described in a petition under section 10, sub-section
(1), is land of which a Court of Wards could assume the superintendence, the
Court shall also cause a notice as aforesaid to be served on the Collector in whose
District the minor ordinarily resides, and on every Collector in whose district any
portion of the land is situate, and the Collector may cause the notice to be
published in any manner he deems fit.
(3) No charge shall be made by the Court or the Collector for the service or
publication of any notice served or published under sub-section (2).
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12. Power to make interlocutory order for production of minor and interim
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protection of person and property. (1) The Court may direct that the person, if any,
having the custody of the minor shall produce him or cause him to be produced at
such place and time and before such person as it appoints, and may make such
order for the temporary custody and protection of the person or property of the
minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the
direction under sub-section (1) for her production shall require her to be produced
in accordance with the customs and manners of the country.
(3) Nothing in this section shall authorise:-
(a) the Court to place a female minor in the temporary custody of a person
claiming to be her guardian on the, ground of his being her husband, unless she is
already in his custody with the consent of her parents, if any; or
(b) any person to whom the temporary custody and protection of the property of a
minor is entrusted to dispossess otherwise than by due course of law any person in
possession of any of the property.

13. Hearing of evidence before making of order. On the day fixed for the hearing
of the application, or as soon
after words as may be, the Court shall hear such evidence as may be adduced in
support of or in opposition to the application.

14. Simultaneous proceedings in different Courts. (1) If proceedings for the

appointment, or declaration of a guardian of a minor are taken in more Courts than
one, each of those Courts shall, on being apprised of the proceedings in the other
Courts, stay the proceedings before itself.
(2) If the Courts are both or all subordinate to the same High Court, they shall
report the case to the High Court, and the High Court shall determine in which of
the Courts the proceedings with respect to the appointment or declaration of a
guardian of the minor shall be had.
(3) In any other case in which proceedings are stayed under sub-section (1) the
Courts shall report the case to, and be guided by such orders as they may receive
from their respective Provincial Governments.
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15. Appointment or declaration of several guardians. (1) If the law to which the
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minor is subject admits of this having two of more joint guardians of his person or
property, or both, the Court may, if it thinks fit, appoint or declare them.
(2) & (3) Omitted by the Federal Laws (Revision and Declaration) Ordinance,
XXVII of 1981.
(4) Separate guardians may be, appointed or declared of the person and of the
property of a minor.
(5) If a minor has several properties, .the Court may, if it thinks tit, appoint or
declare separate guardian for any one or more of the properties.

16. Appointment or declaration of guardian for property beyond jurisdiction of the

Court. If the Court appoints or declares a guardian for any property situate beyond
the local limits of its jurisdiction, the Court having jurisdiction in the place where
the property is situate shall, on production of a certified copy of the order
appointing or declaring the guardian, accept him as duly appointed or declared and
give effect to the order.

17. Matters to be considered by the Court in appointing guardian. (1) In appointing

or declaring the guardian of a minor, the Court shall, subject to the provisions of
this section, be guided by what, consistently with the law to which the minor is
subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have
regard to the age, sex and religion of the minor, the character and capacity of the
proposed guardian and his nearness of kin to the minor, the wishes, if any, of a
deceased parent, and any existing or previous relations of the proposed guardian
with the minor or his property.
(3) If the minor is old enough to form an intelligent preference, the Court may
consider that preference.
(4) Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXVII of
1981.
(5) The Court shall not appoint or declare any person to be a guardian against this
will.

18. Appointment or declaration of Collector in virtue of office. Where a Collector

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is appointed or, declared by the Court in virtue of his office to be guardian of the
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person or property, or both. of a minor, the order appointing or declaring him shall
be deemed to authorise and require the person for time being holding the office to
act as guardian of the minor with respect to his person or property, or both, as the
case may be.

19. Guardian not to be appointed by the Court in certain cases. Nothing in this
Chapter shall authorise the Court to appoint or declare a guardian of the property
of minor whose property is under the superintendence of a Court of Wards or to
appoint or declare a guardian of the persons.
(a) of a minor who is a married female and whose husband is not, in the opinion of
the Court, unfit to be guardian of her person; or
(b) of a minor whose father is living and is not, in the opinion of the Court unfit to
be guardian of the person of the minor, or
(c) of a minor whose property is under the superintendence of a Court of Wards
competent to appoint a guardian of the person of the minor.

The Guardian and Wards Act, 1890 - CHAPTER III - Duties, Rights and
Liabilities of Guardians
General
20. Fiduciary relation of guardian to ward. (1) A guardian stands in a fiduciary
relation to his wards, and, save as provided by the will 'or other instrument, if any,
by which he was appointed, or by this Act, he must not make any profit out of his
office.
(2) The fiduciary relation of a guardian to his ward extends to and affects
purchases by the guardian of the property of the ward, and by the ward of the
property of the guardian, immediately or soon after the ward has ceased to be a
minor and generally all transactions between them while the influence of the
guardian still lasts or is recent.
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21. Capacity of minors to act as guardians. A minor is incompetent to act as

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guardian of any minor except his own wife or child, or, where he is the managing
member of an undivided Hindu family, the wife or child of another minor member
of that family.

22. Remuneration of guardian. (1) A guardian appointed or declared by the Court

shall be entitled to such allowance, if any, as the Court thinks fit for his care and
pains in the execution of his duties.
(2) When an officer of the Government, as such officer, is so appointed or declared
to be guardian, such fees shall be paid to the Government out of the property of the
ward as the Provincial Government, by general or special order, directs.'

23. Control of Collector as guardian. A Collector appointed or declared by the

Court to be guardian, of the person or property, or both, of a minor shall, in all
matters connected with the guardianship of his ward, be subject to the control of
the Provincial Government or of such authority as that Government, by
notification in the official Gazette, appoints in this behalf.

Guardian of the Person

24. Duties of guardian of the person. A guardian of the person of a ward is charged
with the custody of the ward and must look to his support, health and education,
and such other matters as the law to which the ward is subject requires.

25. Title of guardian to custody of ward. (1) If a ward leaves or is removed from
the custody of a guardian of his person, the Court, if it is of opinion that it will be
for the welfare of the ward to return to the custody of his guardian, may make an
order for his return, and for the purpose of enforcing the order may cause the ward
to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power
conferred on a Magistrate of the First Class by Section 100 of the Code of
Criminal Procedure, 1898 (Act V of 1908).
(3) The resident of a ward against the will of his guardian with a person who is not
his guardian does not of itself terminate the guardianship.
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26. Removal of ward from jurisdiction. (1) A guardian of the person appointed or
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declared by the Court, unless he is the Collector or is a guardian appointed by will
or other instrument, shall not without the leave of the Court by which he was
appointed or declared, remove the ward from the limits of its jurisdiction except
for such purposes as may be prescribed.
(2) The leave granted by the Court under sub-section (1) may be special or general,
and may be denied by the order granting it.

Guardian of Property
27. Duties of guardian of property. A guardian of the property of a ward is bound
to deal therewith as carefully as a man of ordinary prudence would deal with it if it
were his own, and, subject to the provisions of this Chapter, he may do all acts
which are reasonable and proper for the realization, protection or benefit of the
property
.
28. Power of testamentary guardian. Where a guardian has been appointed by will
or other instrument, his power to mortgage or charge or transfer by sale, gift,
exchange or otherwise, immovable property belonging to his ward is subject to any
restriction which may be imposed by the instrument, unless he has under this Act
been declared guardian and the Court which made the declaration permits him by
an order in writing notwithstanding the restriction, to dispose of any immovable
property, specified in the order in a manner permitted by the order.

29. Limitation of powers of guardian of property appointed or declared by the

Court. Where a person other than a Collector, or other than a guardian appointed
by will or other instrument, has been appointed or declared by the Court to by
guardian of the property of a ward, he shall not, without the previous permission of
the Court :
(a) mortgage, or charge or transfer by sale, gift, exchange or otherwise any part of
the immovable property of his ward ; or
(b) lease any part of that property for a term exceeding five years or for any term
extending more than one year beyond the date on which the ward will cease to be a
minor.
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30. Void ability of transfers made in contravention of Section 28 or Section 29. A

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disposal of immovable property by a guardian in contravention of either of the two
last foregoing sections is voidable at the instance of any other person affected
thereby.

31. Practice with respect to permitting transfers under Section 29. (1) Permission
to the guardian to do any of the acts mentioned in Section 29 shall not be granted
by the Court except in case of necessity or for an evident advantage to the ward.
(2) The order granting the permission shall recite the necessity or advantage, as the
case may be, describe the property with respect to which the act permitted is to be
done, and specify such conditions if any, as the Court may see fit to attach to the
permission ; and it shall be recorded, dated and signed by the Judge of the Court,
with his own hand, or, when from any cause he is prevented from recording the
order with his own hand, shall be taken down in writing from his dictation and be
dated and signed by him.
(3) The Court may in its discretion attach to the permission the following among
other conditions, namely : -
(a) that a sale shall not be completed without the sanction of the Court ;
(b) that a sale be made to the highest bidder by public auction, before the Court or
some person specially appointed by the Court for that purpose, at a time and place
to be specified by the Court after such proclamation of the intended sale as the
Court, subject to any rules made under this Act by the High Court, directs ;
(C) that a lease shall not be made in consideration of a premium or shall be made
for such term of years and subject to such rents and covenants as the Court directs ;
(d) that the whole or any part of the proceeds of the act permitted shall be paid into
the Court by the guardian, to be disbursed therefrom or to be invested by the Court
on prescribed securities or to be otherwise, disposed of as the Court directs.
(4) Before granting permission to a guardian to do an act mentioned in Section 29,
the Court may cause notice of the application for the permission to be given to any
relative or friend of the ward who should, in its opinion, receive notice thereof, and
shall bear and record the statement of any person who appears in opposition to the
application.
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32. Variation of powers of guardian of property appointed or declared by the

Court. Where a guardian of property of a ward has been appointed or declared by
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the Court and such guardian is not the Collector, the Court may, from time to time
by order, define, restrict or extend his powers with respect to the property of the
ward in such manner and to such extent as it may consider to be for the advantage
of the ward and consistent with the law to which the ward is subject.

33. Right of guardian so appointed or declared to apply to the Court for opinion in
management of property of ward. (1) A guardian appointed or declared by the
Court may apply by petition to the Court which appointed or declared him for its
opinion, advice or direction on any present question respecting the management or
administration of the property of his ward.
(2) If the Court considers the question to be proper for summary disposal, it shall
cause a copy of the petition to be served on, and the hearing thereof may be
attended by, such of the persons intended in the application as the Court thinks fit.
(3) The guardian stating in good faith the facts in the petition and acting upon the
opinion, advice or direction given by the Court shall be deemed, so far as regards
his own responsibility, to have performed his duty as guardian in the subject-
matter of the application.

34. Obligations on guardian of property appointed or declared by the Court. Where

a guardian of the property of a ward has been appointed or declared by the Court
and such guardian is not the Collector, he shall :-
(a) if so required by the Court, give a bond, as nearly as may be in the prescribed
form, to the Judge of the Court to ensure for the benefit of the Judge for the time
being, with or without sureties, as may be prescribed, engaging duly to account for
what he may receive in respect of the property of ward ;
(b) if so required by the Court, deliver to the Court, within six months from the
date of his appointment or declaration by the Court or within such other time as the
Court directs, a statement of the immovable property belonging to the ward, of the
money and other movable property which he has received on behalf of the ward up
to the date of delivering the statement, and of the debts due on that date to or from
the ward ;
(c) if so required by the Court, exhibit his accounts in the Court a such times and in
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such form as the Court from time to time directs ;

(d) if so required by the Court, pay into the Court at such time as the Court directs
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the balance due from him on those accounts, or so much thereof as the Court
directs ; and
(e) apply for the maintenance, education and advancement of the ward and of such
persons as are dependent on him, and for the celebration of ceremonies to which
the ward or any of those persons may be a party, such portion of the income of the
ward as the Court from time to time directs, and if the Court so directs, the whole
or any part of that property.

[34-A. Power to award remuneration for auditing accounts. When accounts are
exhibits by a guardian of the property of a ward in pursuance of a requisition made
under clause (c) of Section 34 or otherwise, the Court may appoint a person to
audit the accounts, and may direct that remuneration for the work be paid out of
the income of the property.]

35. Suit against guardian where administration bond was taken. Where a guardian
appointed or declared by the Court has given a bond duly to account for what he
may receive in respect of the property of his ward, the Court may, on application
made by petition and on being satisfied that the engagement of the bond has not
been kept, and upon such terms as to security or providing that any money
received be paid into the Court, or otherwise as the Court thinks fit assign the bond
to some proper person, who shall thereupon be entitled to sue on the bond in his
own name as if the bond has been originally given to him instead of to the Judge of
the Court, and shall be entitled to recover thereon as trustee for the ward, in respect
of any breach thereof.

36. Suit against guardians where administration bond was not taken. (1) Where a
guardian appointed or declared by the Court has not given a bond as aforesaid, any
person with the leave of the Court, may as, next friend, at any time during the
continuance of the minority of the ward, and upon such terms as aforesaid, institute
a suit against the guardian, or, in case of his death, against his representative, for
an account of what the guardian has received in respect of the property of the
ward, and may recover in the suit, as trustee for the ward, such amount as may be
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found to be payable by the guardian or his representative, as the case may be.
(2) Omitted by the Federal Laws [Revision and Declaration) Ordinance XXVII of
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1981].

37. General liability of guardian and trustee. Nothing in either of the two last
foregoing sections shall be construed to deprive a ward or his representative of any
remedy' against his guardian, or the representative of the guardian, which not being
expressly provided in either of these sections any other beneficiary or his
representative would have against his trustee or representative of the trustee.

38. Right of survivorship among joint guardians. On the death of one of two or
more joint guardians, the guardianship continues to the survivor or survivors until
a further appointment is made by the Court.

39. Removal of guardian. The Court may on the application of any person
interested, or of its own motion, remove a guardian appointed or declared by the
Court, or a guardian appointed by will or other instrument, for any of the following
causes, namely :-
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust ;
(c) for incapacity to perform the duties of his trust;
(d) for ill-treatment, or neglect to take proper care, of his ward;
(e) for contumacious disregard of any provision of his Act or of any order of the
Court ;
(f) for conviction of an offence implying, in the opinion of the Court, defect of
character which unfits him to be the guardian of his ward ;
(g) for having an interest adverse to the faithful performance of his duties ;
(h) for ceasing to reside within the local limits of the jurisdiction of the Court ;
(i) in the case of a guardian of the property for bankruptcy or insolvency ;
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease,
under the law to which the minor is subject :
Provided that a guardian appointed by will or other instrument, whether he has
been declared under this Act or not shall not be removed-
(a) for the cause mentioned in clause (g) unless the adverse interest accrued after
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the death of the person who appointed him, or it is shown that person made and
maintained the appointment in ignorance of the adverse interest ; or
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(b) for the cause mentioned in clause (h) unless such guardian has taken up such a
residence as in the opinion of the Court, renders it impracticable for him to
discharge the functions of guardian.

40. Discharge of Guardian. (1) If a guardian appointed or declared by the Court

desires to resign his office, he may apply to the Court to be discharged.
(2) If the Court finds that there is sufficient reason for the application it shall,
discharge him and if the guardian making the application is the Collector and the
Provincial Government approves of his applying to be discharged, the Court shall
in any case discharge him.

41. Cessation of authority of guardian. (1) The powers of a guardian of the person
cease :-
(a) by his death, removal of discharge ;
(b) by the Court of Wards assuming superintendence of the person of the ward ;
(c) by the ward ceasing to be a minor ;
(d) in the case of a female ward, by her marriage to a husband who is not unfit to
be guardian of her person or, if the guardian was appointed or declared by the
Court, by her marriage to husband who is not, in the opinion of the Court, so unfit ;
or
(e) in the case of a ward whose father was unfit to be guardian of the person of the
ward by the father ceasing to be so or, if the father was deemed by the Court to be
so unfit, by his ceasing to be so in the opinion of the Court.
(2) The powers of a guardian of the property cease :-
(a) by his death, removal or discharge ;
(b) by the Court of Wards assuming superintendence of the property of the ward ;
or
(c) by the ward ceasing to be a minor.
(3) When for any cause the powers of a guardian cease the Court may require him
or, if he is dead, his representative to deliver as it directs any property in his
possession or control belonging to the ward of any accounts in his possession or
control relating to any past or present property of the ward.
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(4) When he has delivered the property or accounts as required by the Court, the
Court may declare him to be discharged from his liabilities save as fraud which
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may subsequently be discovered.

42. Appointment of successor to guardian dead, discharged or removed. When a

guardian appointed or declared by the Court is discharged or, under the law to
which the ward is subject ceases to be entitled to act, or when any such guardian or
a guardian appointed by will or other instrument is removed or dies, the Court, of
its own motion or on application under Chapter II, may if, the ward is still a minor,
appoint or declare another guardian of his person or property, or both, as the case
may be.

The Guardian and Wards Act, 1890 - CHAPTER IV - SUPPLEMENTAL

PROVISIONS
43. Orders for regulating conduct of proceedings of guardians and enforcement of
these orders. (1) The Court may, on the application of any person interested or of
its own motion, make an order regulating the conduct or proceedings of any
guardian appointed or declared by the Court.
(2) Where there are more guardians than one of a ward, and they are unable to
agree upon a question affecting his welfare, any of them may apply to the Court
for its direction, and the Court may make such order respecting the matter in
difference as thinks fit.
(3) Except where it appears that the object of making an order under sub-section
(1) or subsection (2) would be defeated by the delay, the Court shall before making
the order, direct notice of the application therefore, or of the intention of the Court
to make it, as the case may be, to be given in a case under sub-section (2) to the
guardian who has not made the application.
(4) In the case of disobedience to an order made under sub-section (1) or sub-
section (2) the order may be enforced in the same manner as an injunction granted
under rules 1 and 2 of Order 39 of the First Schedule to the Code of Civil
Procedure, 1908 (Act V of 1908) in a case under subsection (1), as if the ward
were the plaintiff and the guardian were the defendant, or in a case under sub-
section (2), as if the guardian who made the application were the plaintiff and the
other guardian were the defendant.
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(5) Except in a case under sub-section (2), nothing in the section shall apply to a
Collector who is, as such, a guardian.
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44. Penalty for removal of ward from jurisdiction. If, for the purpose or with the
effect of preventing the Court from exercising its authority with respect to a ward,
a guardian appointed or declared by the Court removes the ward from the limits of
the jurisdiction of the Court in contravention of the provisions of Section 6, he
shall be liable, by order of the Court to fine not exceeding one thousand rupees, or
to imprisonment in the civil jail for a term which may extend to six months.

45. Penalty for contumacy. (1) In the following cases, namely :-

(a) if a person having the custody of a minor fails to produce him or cause him to
be produced in compliance with a direction under Section 12, sub-section (1), or to
do his utmost to compel the minor to return to the custody of his guardian in
obedience to an order under Section 25, sub-section (1) ; or
(b) if a guardian appointed or declared by the Court fails to deliver to the Court,
within the time allowed by or under clause (b) of Section 34, a statement required
under that clause, or to exhibit accounts in compliance with the requisition under
clause (C) of that section, or to pay into the Court the balance due from him on
those accounts in compliance with a requisition under clause (d) of that section ; or
(c) if a person who has ceased to be a guardian, or the representative of such a
person, fails to deliver any property or accounts in compliance with a requisition
under Section 41, sub-section (3), the person, guardian or representative, as the
case may be, shall be liable, by order of the Court, to fine not exceeding one
hundred rupees, and in case of recusancy to further tine not exceeding ten rupees
for each day after the first during which default continues, and not exceeding five
hundred rupees in the aggregate, and to detention in the civil jail until he
undertakes to produce the minor or cause him to be produced, or to compel his
return, or to deliver the statement or to exhibit the accounts, or to pay the balance,
or to deliver the property or accounts, as the case may be.
(2) If a person who has been released from detention on giving an undertaking
under subsection (1) fails to carry out the undertaking within the time allowed by
the Court, the Court may cause him to be arrested and re-committed to the civil
jail.
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46. Reports by Collectors and Subordinate Courts. (1) The Court may call upon the
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Collector, or upon any Court subordinate to the Court, for a report on any matter
arising in any proceeding under this Act and treat the report as evidence.
(2) For the purpose of preparing the report the Collector or the Judge of the
Subordinate Court, as the case may be, shall make such inquiry as he deems
necessary, and may for the purposes of the inquiry exercise any power of
compelling the attendance of a witness to give evidence 'or produce a document
which is conferred on a Court by the Code of Civil Procedure, 1908 (Act V of
1908).

47. Orders appealable. An appeal shall lie to the High Court from an order made
by a Court :-
(a) under Section 7, appointing or declaring to appoint or declare a guardian ; or
(b) under Section 9, sub-section (3), returning an application ; or
(c) under Section 25, making or refusing to make an order for the return of a ward
to the custody and of his guardian ; or
(d) under Section 26, refusing leave for the removal of a ward from the limits of
the jurisdiction of the Court, or imposing conditions with respect thereto ; or
(e) under Section 28 or Section 29, refusing permission to a guardian to do an act
referred to in the section; or
(f) under Section 32 defining, restricting or extending the powers of a guardian ; or
(g) under Section 39 removing a guardian ; or
(h) under Section 42, refusing to discharge a guardian ; or
(i) under Section 43, regulating the conduct or proceedings of a guardian or
settling a matter in difference between joint guardians, or enforcing the order ; or
(j) under Section 44, imposing a penalty:
[Provided that, where the order from which an appeal is preferred is passed by an
officer subordinate to a District Court, the appeal shall lie to the District Court'.

48. Finality of other orders. Save as provided by the last foregoing section and by
Section 622 of the Code of Civil Procedure, 1908 (Act V of 1908) an order made
under this Act shall be final, and shall not be liable to be contested by suit or
otherwise.
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49. Costs. The costs of any proceeding under this Act, including the costs of
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maintaining a guardian or other person in the civil jail shall, subject to any rules
made by the High Court under this Act, be in the discretion of the Court in which
the proceeding is had.

50. Power to High Court to make rules. (1) In addition to any other power to make
rules conferred expressly or impliedly by this Act, the High Court may from time
to time make rules consistent with this Act :-
(a) as to the matters respecting which, and the time at which, reports should be
called for from Collectors and subordinate Courts ;
(b) as to the allowances to be granted to, and the security to be required from,
guardians, and the cases in which such allowances should be granted ;
(c) as to the procedure to be followed with respect to applications of guardians for
permission to do acts referred to in Sections 28 and 29 ;
(d) as to the circumstances in which such requisitions as are mentioned in clauses
(a), (b), (c) and (d) of Section 34 should be made ;
(e) as to the preservation of statements and accounts delivered and exhibited by
guardians
(f) as to the inspection of those statements and accounts by persons interested ;
(ff) as to the audit of accounts under Section 34-A, the class of persons who should
be appointed to audit accounts, and the scales of remuneration to be granted to
them ;
(g) as to the custody of money and securities for money belonging to wards ;
(h) as to the securities on which money belonging to wards may be invested ;
(i) as to the education of wards for whom guardians, not being Collectors, have
been appointed or declared by the Court ; and
(j) generally, for the guidance of the Courts in carrying out the purposes of this
Act.
(2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they
have been approved by the Provincial Government, nor shall any rule under this
section have effect until it has been published in the official Gazette.

51. Applicability of Act, to guardians already appointed by Court. [Omitted by the

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Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981}.

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52. [Amendment of Majority Act]. Repealed by the Repealing Act, 1938 (J of
1938), Section 2 and Schedule.

53. [Amendment of Chapter XXXI of the Code of Civil Procedure]. Repealed by

the Code of Civil Procedure, (V of 1908), Section 156 and Schedule V.]

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