Section 35 of The Central Provinces Court of Wards Act, 1899
- (1)Where, in exercise of the power conferred by section 34, the Court of Wards decides to withdraw its superintendence from the person and property of any minor, it shall, before such withdrawal, by an order in writing, appoint some person to be guardian of the person or property, or both, of the minor, and such appointment shall take effect from the date of such release.
- (2)In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of the Guardians and Wards Act, 1890 (VIII of 1890); and every guardian so appointed shall have, and be subject to, the same rights, duties and liabilities as if he had been appointed under that Act.
Summary
- This section applies when the Court of Wards is withdrawing its management from a minor under Section 34.
- Before the management is withdrawn, the Court must appoint a guardian for the minor.
- The guardian can be for the minor's person, their property, or both.
- The appointment only starts working on the day the Court of Wards officially releases the minor.
- The Court must follow the rules in the Guardians and Wards Act, 1890, when choosing a guardian.
- This guardian has the same rights and duties as if they were appointed directly under that other 1890 Act.
Practical examples
FAQ
1. When does the new guardian's job actually start?
The appointment takes effect from the date the Court of Wards releases the minor from its superintendence.
2. Can a guardian be appointed for just the minor's money?
Yes. The Court can appoint a guardian of the person, the property, or both.
3. What are the responsibilities of this new guardian?
They have the exact same rights, duties, and liabilities as a guardian appointed under the Guardians and Wards Act, 1890.
Test yourself
Q1.Under Section 35 of The Central Provinces Court of Wards Act, 1899, when must the Court of Wards appoint a guardian for a minor?
Q2.Under Section 35 of The Central Provinces Court of Wards Act, 1899, which other law must guide the Court of Wards in appointing a guardian?
Q3.Under Section 35 of The Central Provinces Court of Wards Act, 1899, what can the appointed guardian be responsible for?
Q4.Under Section 35 of The Central Provinces Court of Wards Act, 1899, what happens if the Court of Wards fails to appoint a guardian before releasing a minor?