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https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39750§ionno=49&orderno=49 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 49 | Punishments to be in accordance with foregoing sections | Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections. | 0 | Punishments to be in accordance with foregoing sections Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39751§ionno=50&orderno=50 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 50 | Medical Officer to certify to fitness of prisoner for punishment | (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.
(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.
(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.
STATE AMENDMENT
Assam.
Amendment of Section 50 of Act 9 of 1894.--In sub-section (1) of section 50 of the Principal Act the words and comma “or of whipping,” shall be omitted.
[Vide Assam Act 12 of 1956, s. 4.] | 0 | Medical Officer to certify to fitness of prisoner for punishment (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.STATE AMENDMENT
Assam.Amendment of Section 50 of Act 9 of 1894.--In sub-section (1) of section 50 of the Principal Act the words and comma “or of whipping,” shall be omitted.[Vide Assam Act 12 of 1956, s.4.] |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39752§ionno=51&orderno=51 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 51 | Entries in punishment-books | (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction.
(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each punishment the Jailor and Superintendent shall affix their initials as evidence of the correctness of the entries.
STATE AMENDMENT
Assam.
Amendment of Section 51 of Act 9 of 1894.--.In sub-section (2) of Section 51 of the Principal Act the words “in the words “in the cases of offences for which whipping is awarded” and the commas before this words and thereafter shall be omitted.
[Vide Assam Act 12 of 1956, s. 5.] | 0 | Entries in punishment-books (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction.(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.(3) Against the entries relating to each punishment the Jailor and Superintendent shall affix their initials as evidence of the correctness of the entries.STATE AMENDMENT
Assam.Amendment of Section 51 of Act 9 of 1894.--.In sub-section (2) of Section 51 of the Principal Act the words “in the words “in the cases of offences for which whipping is awarded” and the commas before this words and thereafter shall be omitted.[Vide Assam Act 12 of 1956, s.5.] |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39753§ionno=52&orderno=52 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 52 | Procedure on committal of heinous offence | If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class 1[or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 :
2[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate : and]
Provided also that no person shall be punished twice for the same offence.1 . Ins. by Act 13 of 1910, s. 2.
2. Subs. by s. 2, ibid., for the proviso. | 0 | Procedure on committal of heinous offence If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class 1[or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 :
2[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate : and]
Provided also that no person shall be punished twice for the same offence.1 .Ins.by Act 13 of 1910, s.2.2.Subs.by s.2, ibid., for the proviso. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39754§ionno=53&orderno=53 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 53 | Whipping | (1) No punishment of whipping shall be inflicted in instalments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.
(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.
STATE AMENDMENT
Assam.
Amendment of Section 53 of Act 9 of 1894.--Section 53 of the Principal Act shall be omitted.
[Vide Assam Act 12 of 1956, s. 6.] | 0 | Whipping (1) No punishment of whipping shall be inflicted in instalments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.STATE AMENDMENT
Assam.Amendment of Section 53 of Act 9 of 1894.--Section 53 of the Principal Act shall be omitted.[Vide Assam Act 12 of 1956, s.6.] |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39755§ionno=54&orderno=54 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 54 | Offences by prison-subordinates | (1) Every Jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in
any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same offence. | 0 | Offences by prison-subordinates (1) Every Jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in
any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.(2) No person shall under this section be punished twice for the same offence. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39756§ionno=55&orderno=55 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 55 | Extramural custody, control and employment of prisoners | A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prisonofficer belonging to such person, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison. | 0 | Extramural custody, control and employment of prisoners A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prisonofficer belonging to such person, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39757§ionno=56&orderno=56 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 56 | Confinement in irons | Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government, so confine them. | 0 | Confinement in irons Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government, so confine them. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39758§ionno=57&orderno=57 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 57 | Confinement of prisoners under sentence of transportation in irons | (1) Prisoners under sentence of transportation may, subject to any rules made under section 1[59], be confined in fetters for the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.1. Subs. by the A.O.1937, for "60". | 0 | Confinement of prisoners under sentence of transportation in irons (1) Prisoners under sentence of transportation may, subject to any rules made under section 1[59], be confined in fetters for the first three months after admission to prison.(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.1.Subs.by the A.O.1937, for "60". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39759§ionno=58&orderno=58 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 58 | Prisoners not to be ironed by Jailer except under necessity | No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent. | 0 | Prisoners not to be ironed by Jailer except under necessity No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39760§ionno=59&orderno=59 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 59 | Power to make rules | 1[(1)] 2[The State Government may] 3[by notification in the Official Gazette] make rules consistent with this Act--
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.]
6[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
STATE AMENDMENTS
Orissa.--
Amendment of section 59 (Act 9 of 1894).--In section 59 of the said Act, for clause (5) the following clause shall be substitute, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide the Orissa Act 29 of 1958, s.6]
Maharashtra.--
Amendment of section 59 of Act IX of 1894.--In section 59 of the said Act, for clause (5), the following clause shall be substituted, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide Bombay Act XXVII of 1953, s. 6]1. Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by the A.O. 1937, for "The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the G.G in C. may for the territories under its administration".
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by the A.O. 1937, for clauses (8) and (9).
5. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
6. Ins. by Act 4 of 1986 s. 2 and the Schedule (w.e.f. 15-5-1986). | 0 | Power to make rules |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39760§ionno=59&orderno=59 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 59 | Power to make rules | 1[(1)] 2[The State Government may] 3[by notification in the Official Gazette] make rules consistent with this Act--
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.]
6[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
STATE AMENDMENTS
Orissa.--
Amendment of section 59 (Act 9 of 1894).--In section 59 of the said Act, for clause (5) the following clause shall be substitute, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide the Orissa Act 29 of 1958, s.6]
Maharashtra.--
Amendment of section 59 of Act IX of 1894.--In section 59 of the said Act, for clause (5), the following clause shall be substituted, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide Bombay Act XXVII of 1953, s. 6]1. Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by the A.O. 1937, for "The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the G.G in C. may for the territories under its administration".
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by the A.O. 1937, for clauses (8) and (9).
5. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
6. Ins. by Act 4 of 1986 s. 2 and the Schedule (w.e.f. 15-5-1986). | 1 | Power to make rules 1[(1)] 2[The State Government may] 3[by notification in the Official Gazette] make rules consistent with this Act--
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other Stat |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39760§ionno=59&orderno=59 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 59 | Power to make rules | 1[(1)] 2[The State Government may] 3[by notification in the Official Gazette] make rules consistent with this Act--
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.]
6[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
STATE AMENDMENTS
Orissa.--
Amendment of section 59 (Act 9 of 1894).--In section 59 of the said Act, for clause (5) the following clause shall be substitute, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide the Orissa Act 29 of 1958, s.6]
Maharashtra.--
Amendment of section 59 of Act IX of 1894.--In section 59 of the said Act, for clause (5), the following clause shall be substituted, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide Bombay Act XXVII of 1953, s. 6]1. Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by the A.O. 1937, for "The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the G.G in C. may for the territories under its administration".
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by the A.O. 1937, for clauses (8) and (9).
5. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
6. Ins. by Act 4 of 1986 s. 2 and the Schedule (w.e.f. 15-5-1986). | 2 | Power to make rules e to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39760§ionno=59&orderno=59 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 59 | Power to make rules | 1[(1)] 2[The State Government may] 3[by notification in the Official Gazette] make rules consistent with this Act--
(1) defining the acts which shall constitute prison-offences ;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof ;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prisonoffence ;
(5) for the award of marks and the shortening of sentences ;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;
4[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.]
6[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
STATE AMENDMENTS
Orissa.--
Amendment of section 59 (Act 9 of 1894).--In section 59 of the said Act, for clause (5) the following clause shall be substitute, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide the Orissa Act 29 of 1958, s.6]
Maharashtra.--
Amendment of section 59 of Act IX of 1894.--In section 59 of the said Act, for clause (5), the following clause shall be substituted, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide Bombay Act XXVII of 1953, s. 6]1. Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by the A.O. 1937, for "The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the G.G in C. may for the territories under its administration".
3. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
4. Subs. by the A.O. 1937, for clauses (8) and (9).
5. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
6. Ins. by Act 4 of 1986 s. 2 and the Schedule (w.e.f. 15-5-1986). | 3 | Power to make rules ]
6[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
STATE AMENDMENTS
Orissa.--
Amendment of section 59 (Act 9 of 1894).--In section 59 of the said Act, for clause (5) the following clause shall be substitute, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide the Orissa Act 29 of 1958, s.6]
Maharashtra.--
Amendment of section 59 of Act IX of 1894.--In section 59 of the said Act, for clause (5), the following clause shall be substituted, namely:--
"(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence."
[Vide Bombay Act XXVII of 1953, s.6]1.Section 59 renumbered as sub-section (1) by the Act 4 of 1986, s.2 and the Schedule (w.e.f.15-5-1986).2.Subs.by the A.O.1937, for "The G.G.in C.may for any part of British India, and each L.G.with the previous sanction of the G.G in C.may for the territories under its administration".3.Ins.by Act 4 of 1986, s.2 and the Schedule (w.e.f.15-5-1986).4.Subs.by the A.O.1937, for clauses (8) and (9).5.See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).6.Ins.by Act 4 of 1986 s.2 and the Schedule (w.e.f.15-5-1986). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39761§ionno=60&orderno=60 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 60 | [Repealed | 160.[Power of Local Government to make rules.] Rep. by the A. O. 1937.1. This section has been incorporated with slight modifications in clauses (8) to (27) of s. 59. | 0 | [Repealed 160.[Power of Local Government to make rules.] Rep.by the A.O.1937.1.This section has been incorporated with slight modifications in clauses (8) to (27) of s.59. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39762§ionno=61&orderno=61 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 61 | Exhibition of copies of rules | Copies of rules, under 1[section 59] so far as they affect the government of prisons, shall be exhibited, both in English and in the Vernacular, in some place to which all persons employed within a prison have access.1. Subs. by the A. O. 1937, for "sections 59 and 60". | 0 | Exhibition of copies of rules Copies of rules, under 1[section 59] so far as they affect the government of prisons, shall be exhibited, both in English and in the Vernacular, in some place to which all persons employed within a prison have access.1.Subs.by the A.O.1937, for "sections 59 and 60". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00063_189409_1523337412866§ionId=39763§ionno=62&orderno=62 | "1894-03-22T00:00:00" | The Prisons Act, 1894 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189409 | Ministry of Home Affairs | 62 | Exercise of powers of Superintendent and Medical Officer | All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the State Government may appoint in this behalf either by name or by his official designation. | 0 | Exercise of powers of Superintendent and Medical Officer All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the State Government may appoint in this behalf either by name or by his official designation. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42415§ionno=1&orderno=1 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 1 | Title and commencement | (1) This Act may be called the Madras City Civil Court Act, 1892; 1 ***
2 * * * * *1. The word "and" omitted by Act 17 of 1914, s. 3 and the Second Schedule (w.e.f. 16-9-1914).
2. Sub-section (2) omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 16-9-1914). | 0 | Title and commencement (1) This Act may be called the Madras City Civil Court Act, 1892; 1 ***
2 * * * * *1.The word "and" omitted by Act 17 of 1914, s.3 and the Second Schedule (w.e.f.16-9-1914).2.Sub-section (2) omitted by s.3 and the Second Schedule, ibid.(w.e.f.16-9-1914). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42416§ionno=2&orderno=2 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,—
(1) "City Court" means the Court established under the next following section;
(2) "City of Madras" means the area within the local limits for the time being of the ordinary original civil jurisdiction of the High Court;
(3) "High Court" means the High Court of Judicature at Madras; and
(4) "Small Cause Court" means the Court of Small Causes of Madras. | 0 | Definitions In this Act, unless there is something repugnant in the subject or context,—
(1) "City Court" means the Court established under the next following section;
(2) "City of Madras" means the area within the local limits for the time being of the ordinary original civil jurisdiction of the High Court;
(3) "High Court" means the High Court of Judicature at Madras; and
(4) "Small Cause Court" means the Court of Small Causes of Madras. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42417§ionno=3&orderno=3 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 3 | Constitution of the City Court | The Local Government may, by notification in the official Gazette, establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundred rupees in value and arising within the City of Madras, except suits or proceedings which are cognizable—
(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial jurisdiction, or
(b) by the Court for the relief of inso0lvent debtors, or
(c) by the Small Cause Court. | 0 | Constitution of the City Court The Local Government may, by notification in the official Gazette, establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundred rupees in value and arising within the City of Madras, except suits or proceedings which are cognizable—
(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial jurisdiction, or
(b) by the Court for the relief of inso0lvent debtors, or
(c) by the Small Cause Court. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42418§ionno=4&orderno=4 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 4 | Appointment, suspension and removal of Judges | The Local Government may, by notification in the official Gazette, appoint so many persons as it may think fit to be Judges of the City Court; and may, for any misconduct by a like notification, suspend or remove any Judge so appointed. | 0 | Appointment, suspension and removal of Judges The Local Government may, by notification in the official Gazette, appoint so many persons as it may think fit to be Judges of the City Court; and may, for any misconduct by a like notification, suspend or remove any Judge so appointed. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42419§ionno=5&orderno=5 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 5 | Judge of City Court to be Judge of Small Clause Court | (1) Every person appointed a Judge of the City Court shall be, by virtue of his office, a Judge of the Small Cause Court with respect to cases cognizable by that Court.
(2) Every such Judge shall be liable to perform any duties of a Judge of the Small Cause Court which the Chief Justice of the High Court may require him to perform. | 0 | Judge of City Court to be Judge of Small Clause Court (1) Every person appointed a Judge of the City Court shall be, by virtue of his office, a Judge of the Small Cause Court with respect to cases cognizable by that Court.(2) Every such Judge shall be liable to perform any duties of a Judge of the Small Cause Court which the Chief Justice of the High Court may require him to perform. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42420§ionno=6&orderno=6 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 6 | Powers of Judges when City Court consists of more than one Judge | When the City Court consists of more than one Judge,—
(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;
(b) the Local Government may appoint any one of the Judges to be the principal Judge; and
(c) the principal Judge may, from time to time, make such arrangements as he may think fit for the distribution of the business of the Court among the various Judges thereof. | 0 | Powers of Judges when City Court consists of more than one Judge When the City Court consists of more than one Judge,—
(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;
(b) the Local Government may appoint any one of the Judges to be the principal Judge; and
(c) the principal Judge may, from time to time, make such arrangements as he may think fit for the distribution of the business of the Court among the various Judges thereof. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42421§ionno=7&orderno=7 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 7 | Appointment, powers, duties and punishment of ministerial officers | (1) The Judge of the City Court, or, when the Court consists of more than on Judge, the principal Judge, may from time to time, with the sanction of the Local Government, appoint as many clerks, bailiffs and other ministerial officers as may be necessary for the administration of justice by the Court and for the exercise and performance of the powers and duties conferred and imposed on it by this Act or any other law for the time being in force.
(2) The officers so appointed shall exercise such powers and discharge such duties of a ministerial nature as the said Judge or principal Judge may from time to time direct.
(3) The said Judge or principal Judge may, subject to the control of the High Court,—
(a) suspend or remove any officer so appointed, or
(b) fine any such officer who is guilty of misconduct or neglect in the performance of the duties of his office.
(4) Any fine imposed on an officer under sub-section (3) may be deducted from his salary. | 0 | Appointment, powers, duties and punishment of ministerial officers (1) The Judge of the City Court, or, when the Court consists of more than on Judge, the principal Judge, may from time to time, with the sanction of the Local Government, appoint as many clerks, bailiffs and other ministerial officers as may be necessary for the administration of justice by the Court and for the exercise and performance of the powers and duties conferred and imposed on it by this Act or any other law for the time being in force.(2) The officers so appointed shall exercise such powers and discharge such duties of a ministerial nature as the said Judge or principal Judge may from time to time direct.(3) The said Judge or principal Judge may, subject to the control of the High Court,—
(a) suspend or remove any officer so appointed, or
(b) fine any such officer who is guilty of misconduct or neglect in the performance of the duties of his office.(4) Any fine imposed on an officer under sub-section (3) may be deducted from his salary. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42433§ionno=8&orderno=8 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 8 | Questions arising in suits, etc | All questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction. | 0 | Questions arising in suits, etc All questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42423§ionno=9&orderno=9 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 9 | Valuation of immoveable property for jurisdictional purposes | When the subject-matter of any suit or other proceeding is land or a house or a garden, its value for the purposes of the jurisdiction conferred on the City Court by this Act shall, subject to the other provisions of this Act, be fixed in manner provided by the Court-fees Act, 1870 (7 of 1870), section 7, clause v. | 0 | Valuation of immoveable property for jurisdictional purposes When the subject-matter of any suit or other proceeding is land or a house or a garden, its value for the purposes of the jurisdiction conferred on the City Court by this Act shall, subject to the other provisions of this Act, be fixed in manner provided by the Court-fees Act, 1870 (7 of 1870), section 7, clause v. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42424§ionno=10&orderno=10 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 10 | Process-fees | Fees chargeable for serving or executing processes issued by the City Court, or served or executed under its direction or control, shall be such as the High Court may prescribe with the approval of the Governor of Fort St. George in Council 1 ***.1. The words "and the sanction of the Governor General in Council" omitted by Act 4 of 1914, s. 2 and the Schedule, Part I, (w.e.f. 24-2-1914). | 0 | Process-fees Fees chargeable for serving or executing processes issued by the City Court, or served or executed under its direction or control, shall be such as the High Court may prescribe with the approval of the Governor of Fort St.George in Council 1 ***.1.The words "and the sanction of the Governor General in Council" omitted by Act 4 of 1914, s.2 and the Schedule, Part I, (w.e.f.24-2-1914). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42425§ionno=11&orderno=11 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 11 | Appointment of Receivers | The powers conferred by Chapter XXXVI of the Code of Civil Procedure (14 of 1882), on High Courts and District Courts as to the appointment of Receivers may be exercised by the City Court or any Judge thereof. | 0 | Appointment of Receivers The powers conferred by Chapter XXXVI of the Code of Civil Procedure (14 of 1882), on High Courts and District Courts as to the appointment of Receivers may be exercised by the City Court or any Judge thereof. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42426§ionno=12&orderno=12 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 12 | [Repealed | [Amendment of Act 15 of 1882, section 31].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule (w.e.f. 26-2-1938). | 0 | [Repealed [Amendment of Act 15 of 1882, section 31].—Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and the Schedule (w.e.f.26-2-1938). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42427§ionno=13&orderno=13 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 13 | Repayment of half fees on settlement before hearing | Whenever any suit or proceeding in the City Court is settled by agreement of the parties before issues have been settled or any evidence recorded, half the amount of the institution fees paid by the plaintiff shall be repaid to him by the Court. | 0 | Repayment of half fees on settlement before hearing Whenever any suit or proceeding in the City Court is settled by agreement of the parties before issues have been settled or any evidence recorded, half the amount of the institution fees paid by the plaintiff shall be repaid to him by the Court. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42428§ionno=14&orderno=14 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 14 | Allowance for fees paid in City Court in cases removed to High Court | When, under section 13 of the letters Patent for the High Court, dated the twenty-eight day of December, 1865, or under section 25 of the Code of Civil Procedure (14 of 1882), the High Court has removed for trial by itself any suit from the City Court, fees on the scale for the time being in force in the High Court as a Court of ordinary original civil jurisdiction shall be payable in that Court in respect of the suit and proceedings therein:
Provided that, in the levy of any such fees which, according to the practice of the Court, are credited to the Government, credit shall be given to the plaintiff in the suit for any fee which in the City Court he has already paid under the Court-fees Act, 1870, on the plaint. | 0 | Allowance for fees paid in City Court in cases removed to High Court When, under section 13 of the letters Patent for the High Court, dated the twenty-eight day of December, 1865, or under section 25 of the Code of Civil Procedure (14 of 1882), the High Court has removed for trial by itself any suit from the City Court, fees on the scale for the time being in force in the High Court as a Court of ordinary original civil jurisdiction shall be payable in that Court in respect of the suit and proceedings therein:
Provided that, in the levy of any such fees which, according to the practice of the Court, are credited to the Government, credit shall be given to the plaintiff in the suit for any fee which in the City Court he has already paid under the Court-fees Act, 1870, on the plaint. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42429§ionno=15&orderno=15 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 15 | Appeals | (1) The Court authorized to hear appeals from the City Court shall be the High Court.
(2) The period of limitation for an appeal from a decree or order of the City Court shall be the same as that provided by law for an appeal from a decree or order of the High Court in the exercise of its original jurisdiction. | 0 | Appeals (1) The Court authorized to hear appeals from the City Court shall be the High Court.(2) The period of limitation for an appeal from a decree or order of the City Court shall be the same as that provided by law for an appeal from a decree or order of the High Court in the exercise of its original jurisdiction. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42430§ionno=16&orderno=16 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 16 | Saving of original civil jurisdiction of High Court | Nothing in this Act contained shall affect the original civil jurisdiction of the High Court:
Provided that—
(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City Court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed his costs as between attorney and client;
(2) in any suit or other proceeding pending at any time in the High Court, and Judge of such Court may at any stage thereof make an order transferring the same to the City Court if in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein;
(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shall apply, credit being given for any fees levied in the High Court. | 0 | Saving of original civil jurisdiction of High Court Nothing in this Act contained shall affect the original civil jurisdiction of the High Court:
Provided that—
(1) if any suit or other proceeding is instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final), ought to have been instituted in the City Court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed his costs as between attorney and client;
(2) in any suit or other proceeding pending at any time in the High Court, and Judge of such Court may at any stage thereof make an order transferring the same to the City Court if in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein;
(3) in any suit or other proceeding so transferred, the Court-fees Act, 1870 (7 of 1870), shall apply, credit being given for any fees levied in the High Court. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42431§ionno=17&orderno=17 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 17 | Seal to be used | The City Court shall use a seal of such form and dimensions as may be for the time being prescribed by the local Government. | 0 | Seal to be used The City Court shall use a seal of such form and dimensions as may be for the time being prescribed by the local Government. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_3_00029_189207_1523337170643§ionId=42432§ionno=18&orderno=18 | "1892-08-12T00:00:00" | The Madras City Civil Court Act, 1892 | An Act to establish an additional Civil Court for the City of Madras | 189207 | Ministry of Law and Justice | 18 | Holidays and vacations | (1) The Judge of the City Court, or, when the Court consists of more than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for the approval of the Local Government.
(2) Such list, when it has received such approval, shall be published in the official Gazette, and the said holidays and vacations shall be observed accordingly. | 0 | Holidays and vacations (1) The Judge of the City Court, or, when the Court consists of more than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for the approval of the Local Government.(2) Such list, when it has received such approval, shall be published in the official Gazette, and the said holidays and vacations shall be observed accordingly. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43416§ionno=1&orderno=1 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 1 | Title and extent | (1) This Act may be called the Bankers Books Evidence Act, 1891.
(2) It 1extends to the whole of India 2[except the State of Jammu and Kashmir]; 3***
4* * * * *1. The Act has been extended in its application to the whole of the Union territory of Lakshadweep (with effect from 1-10-1967) vide Reg. 8 of 1965, s. 3 and the Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule. This Act shall apply in relation to the Development Banks as if that were a bank as defined in section 2 of this Act, vide Act 18 of 1964, s. 33.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "except Part B State".
3. The word "and" rep. by Act 10 of 1914, s. 3 and the Second Schedule.
4. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid. | 0 | Title and extent (1) This Act may be called the Bankers Books Evidence Act, 1891.(2) It 1extends to the whole of India 2[except the State of Jammu and Kashmir]; 3***
4* * * * *1.The Act has been extended in its application to the whole of the Union territory of Lakshadweep (with effect from 1-10-1967) vide Reg.8 of 1965, s.3 and the Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s.3 and the Schedule.This Act shall apply in relation to the Development Banks as if that were a bank as defined in section 2 of this Act, vide Act 18 of 1964, s.33.2.Subs.by Act 3 of 1951, s.3 and the Schedule, for "except Part B State".3.The word "and" rep.by Act 10 of 1914, s.3 and the Second Schedule.4.Sub-section (3) rep.by s.3 and the Second Schedule, ibid. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43417§ionno=2&orderno=2 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,--
1[(1) "company" means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" mean--
2[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
3[(c) any post office savings bank or money order office;
(3)" bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;]
4[(4) "legal proceeding" means,--
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court Division;
(7 "trial" means any hearing before the Court at which evidence is taken; and
(8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, 5[and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.1. Subs. by Act 56 of 1962, s. 4, for clause (1).
2. Subs. by s. 4, ibid., for sub-clause (a)
3. Added by Act 1 of 1893, s. 2.
4. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984).
5. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984).
6. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984). | 0 | Definitions In this Act, unless there is something repugnant in the subject or context,--
1[(1) "company" means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" mean--
2[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
3[(c) any post office savings bank or money order office;
(3)" bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;]
4[(4) "legal proceeding" means,--
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court Division;
(7 "trial" means any hearing before the Court at which evidence is taken; and
(8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, 5[and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.1.Subs.by Act 56 of 1962, s.4, for clause (1).2.Subs.by s.4, ibid., for sub-clause (a)
3.Added by Act 1 of 1893, s.2.4.Subs.by Act 1 of 1984, s.2, for clause (4) (w.e.f.15-2-1984).5.Subs. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43417§ionno=2&orderno=2 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,--
1[(1) "company" means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" mean--
2[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
3[(c) any post office savings bank or money order office;
(3)" bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;]
4[(4) "legal proceeding" means,--
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court Division;
(7 "trial" means any hearing before the Court at which evidence is taken; and
(8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, 5[and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.1. Subs. by Act 56 of 1962, s. 4, for clause (1).
2. Subs. by s. 4, ibid., for sub-clause (a)
3. Added by Act 1 of 1893, s. 2.
4. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984).
5. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984).
6. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984). | 1 | Definitions by Act 1 of 1984, s. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43417§ionno=2&orderno=2 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,--
1[(1) "company" means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" mean--
2[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
3[(c) any post office savings bank or money order office;
(3)" bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;]
4[(4) "legal proceeding" means,--
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court Division;
(7 "trial" means any hearing before the Court at which evidence is taken; and
(8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, 5[and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.1. Subs. by Act 56 of 1962, s. 4, for clause (1).
2. Subs. by s. 4, ibid., for sub-clause (a)
3. Added by Act 1 of 1893, s. 2.
4. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984).
5. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984).
6. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984). | 2 | Definitions |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43417§ionno=2&orderno=2 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 2 | Definitions | In this Act, unless there is something repugnant in the subject or context,--
1[(1) "company" means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" mean--
2[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
3[(c) any post office savings bank or money order office;
(3)" bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;]
4[(4) "legal proceeding" means,--
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court Division;
(7 "trial" means any hearing before the Court at which evidence is taken; and
(8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, 5[and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.1. Subs. by Act 56 of 1962, s. 4, for clause (1).
2. Subs. by s. 4, ibid., for sub-clause (a)
3. Added by Act 1 of 1893, s. 2.
4. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984).
5. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984).
6. Subs. by Act 1 of 1984, s. 2, for certain words (w.e.f. 15-2-1984). | 3 | Definitions 2, for certain words (w.e.f.15-2-1984).6.Subs.by Act 1 of 1984, s.2, for certain words (w.e.f.15-2-1984). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43418§ionno=3&orderno=3 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 3 | Power to extend provisions of Act | The State Government may, from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary account-books, namely, a cashbook, a day-book or journal, and a ledger, and may in like manner rescind any such notification. | 0 | Power to extend provisions of Act The State Government may, from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary account-books, namely, a cashbook, a day-book or journal, and a ledger, and may in like manner rescind any such notification. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43419§ionno=4&orderno=4 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 4 | Mode of proof of entries in bankers’ books | Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. | 0 | Mode of proof of entries in bankers’ books Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43420§ionno=5&orderno=5 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 5 | Case in which officer of bank not compellable to produce books | No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any bankers book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause. | 0 | Case in which officer of bank not compellable to produce books No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any bankers book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43421§ionno=6&orderno=6 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 6 | Inspection of books by order of Court or Judge | (1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies.
(2) An order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court or Judge shall otherwise direct.
(3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same not be enforced without further order. | 0 | Inspection of books by order of Court or Judge (1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies.(2) An order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court or Judge shall otherwise direct.(3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same not be enforced without further order. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43422§ionno=7&orderno=7 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 7 | Costs | (1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank.
(2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding.
(3) Any order under this section awarding costs may, on application to any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money passed by itself:
Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs. | 0 | Costs (1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank.(2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding.(3) Any order under this section awarding costs may, on application to any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money passed by itself:
Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00049_189118_1523337061600§ionId=43423§ionno=8&orderno=8 | "1891-10-01T00:00:00" | The Bankers Books Evidence Act, 1891 | An Act to amend the Law of Evidence with respect to Bankers' Books. | 189118 | Ministry of Finance | 8 | Order of court to be construed to be order made by specified officer | 1[8. Order of court to be construed to be order made by specified officer.-- In the application of sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause (4) of section 2, the order of al Court or a Judge referred to in the said sections shall be construed as referring to an order made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in this behalf by the appropriate Government.
Explanation.--In the this section, "appropriate Government" means the Government by which the police officer or any other person conducting the investigation or inquiry is employed.1. Ins. by Act 1 of 1984, s. 2 (w.e.f. 15-2-1984). | 0 | Order of court to be construed to be order made by specified officer 1[8.Order of court to be construed to be order made by specified officer.-- In the application of sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause (4) of section 2, the order of al Court or a Judge referred to in the said sections shall be construed as referring to an order made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in this behalf by the appropriate Government.Explanation.--In the this section, "appropriate Government" means the Government by which the police officer or any other person conducting the investigation or inquiry is employed.1.Ins.by Act 1 of 1984, s.2 (w.e.f.15-2-1984). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43410§ionno=1&orderno=1 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 1 | Title and commencement | (1) This Act may be called the Moorshedabad Act, 1891; and
(2) It shall come into force at once. | 0 | Title and commencement (1) This Act may be called the Moorshedabad Act, 1891; and
(2) It shall come into force at once. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43411§ionno=2&orderno=2 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 2 | Confirmation of indenture of March, 1891 | The said indenture is hereby confirmed. | 0 | Confirmation of indenture of March, 1891 The said indenture is hereby confirmed. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43412§ionno=3&orderno=3 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 3 | Additions to schedule to indenture | (1) The Governor General in Council, by notification in the Gazette of India, may in his discretion, on the written request of the Nawab Bahadoor of Moorshedabad for the time being, add, in such form as the Governor General in Council may think fit, to the schedules of immoveable property which are annexed to the said indenture any additional immoveable property which may be acquired from time to time for the maintenance of the position and dignity of the Nawab Bahadoor of Moorshedabad for the time being.
(2) No such notification as is referred to in sub-section (1) shall be made without such previous publication as would be necessary under section 6 of the General Clauses Act, 1887, in the case of a rule to be made under an enactment to which that section applies.
(3) The publication in the Gazette of India of such a notification, as having been made by the Governor General in Council, shall, subject to any further order of the Governor General in Council, be conclusive proof with respect to the subject-matter of the notification. | 0 | Additions to schedule to indenture (1) The Governor General in Council, by notification in the Gazette of India, may in his discretion, on the written request of the Nawab Bahadoor of Moorshedabad for the time being, add, in such form as the Governor General in Council may think fit, to the schedules of immoveable property which are annexed to the said indenture any additional immoveable property which may be acquired from time to time for the maintenance of the position and dignity of the Nawab Bahadoor of Moorshedabad for the time being.(2) No such notification as is referred to in sub-section (1) shall be made without such previous publication as would be necessary under section 6 of the General Clauses Act, 1887, in the case of a rule to be made under an enactment to which that section applies.(3) The publication in the Gazette of India of such a notification, as having been made by the Governor General in Council, shall, subject to any further order of the Governor General in Council, be conclusive proof with respect to the subject-matter of the notification. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43413§ionno=4&orderno=4 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 4 | Limitation for claims to scheduled immoveable property | No right to any immoveable property mentioned in any of the schedules to the said indenture, or in any addition which under the last foregoing section may from time to time be made to those schedules or any of them, shall, if the right has not accrued before the passing of this Act, be acquired by any person by adverse possession or assertion of title unless such adverse possession or assertion of title is found to have existed for sixty years. | 0 | Limitation for claims to scheduled immoveable property No right to any immoveable property mentioned in any of the schedules to the said indenture, or in any addition which under the last foregoing section may from time to time be made to those schedules or any of them, shall, if the right has not accrued before the passing of this Act, be acquired by any person by adverse possession or assertion of title unless such adverse possession or assertion of title is found to have existed for sixty years. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43414§ionno=5&orderno=5 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 5 | Perpetual descent of property | All property, moveable and immoveable, mentioned in the said indenture, or in any of the schedules thereto or in any addition which under section 3 may from time to time be made to those schedules or any of them, shall descend and, subject to the provisions of the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshedabad for the time being. | 0 | Perpetual descent of property All property, moveable and immoveable, mentioned in the said indenture, or in any of the schedules thereto or in any addition which under section 3 may from time to time be made to those schedules or any of them, shall descend and, subject to the provisions of the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshedabad for the time being. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00062_189115_1523336259308§ionId=43415§ionno=6&orderno=6 | "1891-03-21T00:00:00" | The Moorshedabad Act, 1891 | An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab Bahadoor of Moorshedabad, Amir-ul-Omrah. | 189115 | Ministry of Home Affairs | 6 | Relief from stamp and registration laws | The said indenture shall for all the purposes of all enactments for the time being in force be admissible in evidence and have in all other respects the same effect as if it had been duly stamped and registered in such manner as those enactments, or any of them, or any rule or order under any of them, may require. | 0 | Relief from stamp and registration laws The said indenture shall for all the purposes of all enactments for the time being in force be admissible in evidence and have in all other respects the same effect as if it had been duly stamped and registered in such manner as those enactments, or any of them, or any rule or order under any of them, may require. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00048_189108_1523336153564§ionId=43409§ionno=1&orderno=1 | "1891-03-06T00:00:00" | The Easements (Extending Act 5 of 1882), 1891 | An Act to extend the Indian Easements Act, 1882, to certain areas in which that Act is not in force. | 189108 | Ministry of Law and Justice | 1 | Extension of Act V, 1882, to Bombay and the North-Western Provinces and Oudh | The Indian Easements Act, 1882 (V of 1882), is hereby extended to the territories respectively administered by the Governor of Bombay in Council and the lieutenant-Governor of the 1North-Western Provinces and Chief Commissioner of Oudh.1. Now Uttar Pradesh. | 0 | Extension of Act V, 1882, to Bombay and the North-Western Provinces and Oudh The Indian Easements Act, 1882 (V of 1882), is hereby extended to the territories respectively administered by the Governor of Bombay in Council and the lieutenant-Governor of the 1North-Western Provinces and Chief Commissioner of Oudh.1.Now Uttar Pradesh. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43351§ionno=1&orderno=1 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 1***,
2** * 3***
(3) It shall come into force on the first day of July, 1890.1. 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).
2. The words "inclusive of British Baluchistan" rep by A.O. 1948.
3. The word "and" omitted by Act 40 of 1949, s. 3 and the Second Schedule. | 0 | Title, extent and commencement (1) This Act may be called the Guardians and Wards Act, 1890.(2) It extends to the whole of India 1***,
2** * 3***
(3) It shall come into force on the first day of July, 1890.1.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).2.The words "inclusive of British Baluchistan" rep by A.O.1948.3.The word "and" omitted by Act 40 of 1949, s.3 and the Second Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43352§ionno=2&orderno=2 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 2 | [Repealed | [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule. | 0 | [Repealed [Repeal.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43353§ionno=3&orderno=3 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 1[any competent legislature, authority or person in 2 [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 3[any High Court 4 ***].1. Subs. by the A.O. 1937, for "the G.G. in C., or by a Governor or Lieutenant-Governor in Council".
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for "Part A States and Part C States".
3. 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)."
4. The words "established in Part A States and Part C States" omitted by Act 3 of 1951, s. 3 and the Schedule. | 0 | 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 1[any competent legislature, authority or person in 2 [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 3[any High Court 4 ***].1.Subs.by the A.O.1937, for "the G.G.in C., or by a Governor or Lieutenant-Governor in Council".2.Subs.by Act 3 of 1951, s.3 and the Schedule for "Part A States and Part C States".3.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)."
4.The words "established in Part A States and Part C States" omitted by Act 3 of 1951, s.3 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43354§ionno=4&orderno=4 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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" means 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 1Code of Civil Procedure (14 of 1882), and includes a High Court in the exercise of its ordinary original civil jurisdiction:
2[(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:
3* * * *; and
(8) "prescribed" means prescribed by rules made by the High Court under this Act.1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Subs. by Act 4 of 1926, s. 2, for the clause (5).
3. Clause (7) omitted by Act 3 of 1951, s. 3 and the Schedule. | 0 | 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" means 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 1Code of Civil Procedure (14 of 1882), and includes a High Court in the exercise of its ordinary original civil jurisdiction:
2[(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:
3* * * *; and
(8) "prescribed" means prescribed by rules made by the High Court under this Act.1.See now the Code of Civil Procedure, 1908 (Act 5 of 1908).2.Subs.by Act 4 of 1926, s.2, for the clause (5).3.Clause (7) omitted by Act 3 of 1951, s.3 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43406§ionno=4A&orderno=5 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 4A | Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers | 1[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.]1. Ins. by Act 4 of 1926, s. 3. | 0 | Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers 1[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.]1.Ins.by Act 4 of 1926, s.3. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43356§ionno=5&orderno=6 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 5 | [Omitted | [Power of parents to appoint in case of European British subjects.] Omitted by the Part B States (Laws) Act, 1951 (3 of 1951), s. 3 and Schedule. | 0 | [Omitted [Power of parents to appoint in case of European British subjects.] Omitted by the Part B States (Laws) Act, 1951 (3 of 1951), s.3 and Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43357§ionno=6&orderno=7 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 6 | Saving of power to appoint in other cases | In the case of a minor 1 ***, 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.1. The words who is not an European British subject omitted by Act 3 of 1951, s. 3 and the Schedule. | 0 | Saving of power to appoint in other cases In the case of a minor 1 ***, 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.1.The words who is not an European British subject omitted by Act 3 of 1951, s.3 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43358§ionno=7&orderno=8 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 an 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. | 0 | 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 an 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43359§ionno=8&orderno=9 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43360§ionno=9&orderno=10 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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.
(2) If the application is with respect to the guardianship of the property of the 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 the 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. | 0 | 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.(2) If the application is with respect to the guardianship of the property of the 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 the 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43361§ionno=10&orderno=11 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 1Code ,of Civil Procedure (14 of 1882) 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 of 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 applications; and
(l) such other particulars, if any, as may be prescribed or as the nature of the 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.1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). | 0 | 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 1Code ,of Civil Procedure (14 of 1882) 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 of 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 applications; and
(l) such other particulars, if any, as may be prescribed or as the nature of the 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.1.See now the Code of Civil Procedure, 1908 (Act 5 of 1908). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43362§ionno=11&orderno=12 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 the hearing—
(a) to be served in the manner directed in the 1Code of Civil Procedure (14 of 1882) on—
(i) the parents of the minor if they arc residing in 2 [any State to which this Act extends,]
(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 posted 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 State 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).1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "a Part A State or a Part C State". | 0 | 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 the hearing—
(a) to be served in the manner directed in the 1Code of Civil Procedure (14 of 1882) on—
(i) the parents of the minor if they arc residing in 2 [any State to which this Act extends,]
(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 posted 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 State 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).1.See now the Code of Civil Procedure, 1908 (Act 5 of 1908).2.Subs.by Act 3 of 1951, s.3 and the Schedule, for "a Part A State or a Part C State". |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43407§ionno=12&orderno=13 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 12 | Power to make interlocutory order for production of minor and interim 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. | 0 | Power to make interlocutory order for production of minor and interim 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43364§ionno=13&orderno=14 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 13 | Hearing of evidence before making of order | On the day fixed for the hearing of the application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of or in opposition to the application. | 0 | Hearing of evidence before making of order On the day fixed for the hearing of the application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of or in opposition to the application. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43365§ionno=14&orderno=15 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 14 | Simultaneous proceedings in different Courts | (1) If proceedings for the appointment or declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or 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.
1[(3) In any other case in which proceedings arc 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 State Governments]1. Subs. by the A.O. 1937, for sub-section (3). | 0 | Simultaneous proceedings in different Courts (1) If proceedings for the appointment or declaration of a guardian of a minor arc taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or 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.1[(3) In any other case in which proceedings arc 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 State Governments]1.Subs.by the A.O.1937, for sub-section (3). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43366§ionno=15&orderno=16 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 15 | Appointment or declaration of several guardians | (1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the Court may, if it thinks fit, appoint or declare them.
1* * * * *
(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 fit, appoint or declare a separate guardian for any one or more of the properties.1. Sub-sections (2) and (3) omitted by Act 3 of 1951, s. 3 and the Schedule. | 0 | Appointment or declaration of several guardians (1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the Court may, if it thinks fit, appoint or declare them.1* * * * *
(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 fit, appoint or declare a separate guardian for any one or more of the properties.1.Sub-sections (2) and (3) omitted by Act 3 of 1951, s.3 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43367§ionno=16&orderno=17 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43368§ionno=17&orderno=18 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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.
1* * * * *
(5) The Court shall not appoint or declare any person to be a guardian against his will.1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule. | 0 | 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.1* * * * *
(5) The Court shall not appoint or declare any person to be a guardian against his will.1.Sub-section (4) omitted by Act 3 of 1951, s.3 and the Schedule. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43369§ionno=18&orderno=19 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 18 | Appointment or declaration of Collector in virtue of office | Where a Collector is appointed or declared by the Court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the 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. | 0 | Appointment or declaration of Collector in virtue of office Where a Collector is appointed or declared by the Court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43370§ionno=19&orderno=20 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person—
(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
1 [(b) of a minor, other than a married female, whose father or mother 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.1. Subs. by Act 30 of 2010, s. 2 for sub-clause (b) (w.e.f. 31-8-2010). | 0 | 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 a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person—
(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
1 [(b) of a minor, other than a married female, whose father or mother 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.1.Subs.by Act 30 of 2010, s.2 for sub-clause (b) (w.e.f.31-8-2010). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43371§ionno=20&orderno=21 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 20 | Fiduciary relation of guardian to ward | (1) A guardian stands in a fiduciary relation to his ward, 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 it 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. | 0 | Fiduciary relation of guardian to ward (1) A guardian stands in a fiduciary relation to his ward, 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 it 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43372§ionno=21&orderno=22 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 21 | Capacity of minors to act as guardians | A minor is incompetent to act as 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. | 0 | Capacity of minors to act as guardians A minor is incompetent to act as 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43373§ionno=22&orderno=23 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 paints 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 State Government, by general or special order, directs. | 0 | 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 paints 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 State Government, by general or special order, directs. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43374§ionno=23&orderno=24 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 State Government or of such authority as that Government, by 1 notification in the Official Gazette, appoints in this behalf.1. For notifications appointing authorities to whose control Collectors appointed under the Act shall be subject, see different local R. & O. | 0 | 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 State Government or of such authority as that Government, by 1 notification in the Official Gazette, appoints in this behalf.1.For notifications appointing authorities to whose control Collectors appointed under the Act shall be subject, see different local R.& O. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43375§ionno=24&orderno=25 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43376§ionno=25&orderno=26 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 1Code of Criminal Procedure, 1882 (10 of 1882).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.1. See now the Code of Criminal Procedure, 1898 (Act 5 of 1898). | 0 | 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 1Code of Criminal Procedure, 1882 (10 of 1882).(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.1.See now the Code of Criminal Procedure, 1898 (Act 5 of 1898). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43377§ionno=26&orderno=27 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 26 | Removal of war from jurisdiction | (1) A guardian of the person appointed or 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 defined by the order granting it. | 0 | Removal of war from jurisdiction (1) A guardian of the person appointed or 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 defined by the order granting it. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43378§ionno=27&orderno=28 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 realisation, protection or benefit of the property. | 0 | 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 realisation, protection or benefit of the property. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43379§ionno=28&orderno=29 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 28 | Powers 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 die 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. | 0 | Powers 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 die 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43380§ionno=29&orderno=30 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 29 | Limitation of powers of guardian of property appointed or declared by the Court | Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be 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. | 0 | Limitation of powers of guardian of property appointed or declared by the Court Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43381§ionno=30&orderno=31 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 30 | Voidability of transfers made in contravention of section 28 or section 29 | A 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. | 0 | Voidability of transfers made in contravention of section 28 or section 29 A 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43382§ionno=31&orderno=32 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 shall 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 hear and record the statement of any person who appears in opposition to the application. | 0 | 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 shall 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 hear and record the statement of any person who appears in opposition to the application. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43383§ionno=32&orderno=33 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 32 | Variation of powers of 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, 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. | 0 | Variation of powers of 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, 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43408§ionno=33&orderno=34 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 interested 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. | 0 | 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 interested 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43385§ionno=34&orderno=35 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 the 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 at such times and in 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 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 property 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. | 0 | 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 the 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 at such times and in 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 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 property 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43386§ionno=34A&orderno=36 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 34A | Power to award remuneration for auditing accounts | 1[34A. Power to award remuneration for auditing accounts.—When accounts are exhibited 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].1. Ins. by Act 17 of 1929, s. 2. | 0 | Power to award remuneration for auditing accounts 1[34A.Power to award remuneration for auditing accounts.—When accounts are exhibited 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].1.Ins.by Act 17 of 1929, s.2. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43387§ionno=35&orderno=37 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 had 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. | 0 | 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 had 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43388§ionno=36&orderno=38 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 36 | Suit against guardian 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 found to be payable by the guardian or his representative, as the case may be.
(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by this Act1 .1. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908). | 0 | Suit against guardian 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 found to be payable by the guardian or his representative, as the case may be.(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by this Act1 .1.See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908). |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43389§ionno=37&orderno=39 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 37 | General liability of guardian as 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 those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee. | 0 | General liability of guardian as 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 those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43390§ionno=38&orderno=40 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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. | 0 | 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43391§ionno=39&orderno=41 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 this Act or of any order of the Court;
(f) for conviction of an offence implying, in the opinion of the Court, a 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 the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or
(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. | 0 | 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 this Act or of any order of the Court;
(f) for conviction of an offence implying, in the opinion of the Court, a 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 the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or
(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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43392§ionno=40&orderno=42 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 State Government approves of his applying to be discharged, the Court shall in any case discharge him. | 0 | 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 State Government approves of his applying to be discharged, the Court shall in any case discharge him. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43393§ionno=41&orderno=43 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 41 | Cessation of authority of guardian | (1) The powers of a guardian of the person cease.--
(a) by his death, removal or 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 a 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 or any accounts in his possession or control relating to any past or present property of the ward.
(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 regards any fraud which may subsequently be discovered. | 0 | Cessation of authority of guardian (1) The powers of a guardian of the person cease.--
(a) by his death, removal or 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 a 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 or any accounts in his possession or control relating to any past or present property of the ward.(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 regards any fraud which may subsequently be discovered. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43394§ionno=42&orderno=44 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 42 | Appointment of successor to guardian dead, discharged or removed | When a guardian appointed or declared by the Cowl 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. | 0 | Appointment of successor to guardian dead, discharged or removed When a guardian appointed or declared by the Cowl 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. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43395§ionno=43&orderno=45 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 43 | Orders for regulating conduct or proceedings of guardians, and enforcement of those 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 it thinks fit.
(3) Except where it appears that the object of making an order under sub-section (1) or sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice of the application therefor or of the intention of the Court to make it, as the case may be, to be given, in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who has not made the application
(4) In 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 section 492 or section 493 of the Code of Civil Procedure (14 of 1882), in a case under sub-section (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.
(5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian. | 0 | Orders for regulating conduct or proceedings of guardians, and enforcement of those 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 it thinks fit.(3) Except where it appears that the object of making an order under sub-section (1) or sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice of the application therefor or of the intention of the Court to make it, as the case may be, to be given, in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who has not made the application
(4) In 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 section 492 or section 493 of the Code of Civil Procedure (14 of 1882), in a case under sub-section (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.(5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43396§ionno=44&orderno=46 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 26, he shall be liable, by order of the Court, to find not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months. | 0 | 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 26, he shall be liable, by order of the Court, to find not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months. |
https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00047_189008_1523274313365§ionId=43397§ionno=45&orderno=47 | "1890-03-21T00:00:00" | The Guardians and Wards Act, 1890 | An Act to consolidate and amend the law relating to Guardian and Wards. | 189008 | Ministry of Law and Justice | 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 a 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 fine not exceeding ten rupees for each day after the first during which the 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 sub-section (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. | 0 | 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 a 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 fine not exceeding ten rupees for each day after the first during which the 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 sub-section (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. |