Guardians and Wards Act, 1977 (1920 A.D.)
No: 19 Dated: Apr, 01 1978
THE GUARDIAN AND WARDS ACT, 1977 (1920 A.D.)
(Act No. XIX of Samvat 1977)
An Act to consolidate and amend the law relating to Guardian and Ward.
Whereas it is expedient to consolidate and amend the law relating to guardian and ward;
It is hereby enacted as follows -
CHAPTER I
Preliminary
1. Short title, extent and Commencement. - (1) This Act may be called the Guardians and Wards Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
2. Saving of enactments, etc. - All proceedings had, certificates granted, allowances assigned, obligations imposed and applications, appointments and orders made heretofore on matters dealt with by this Act shall, so far may be, be deemed to have been respectively had, granted, assigned, imposed and made under this Act.
3. Saving of jurisdiction of Courts of Wards. - This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by His Highness or the Government 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.
4. Definitions. - In this Act, unless there is something repugnant in the subject or context,-
(1) "minor" means a person who, under the provisions of the Majority Act, 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 his person and property ;
(3) "ward" means a minor for whose person or property, or both, there is a guardian ;
(4) "District Court" has the meaning assigned to that expression in the Code of Civil Procedure ;
(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 guardian, or
(b) where a guardian has been appointed or declared in pursuance of any such application :-
(i) the Court which, or the Court or 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 4-A, the Court or 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 Government, by notification in the Jammu and Kashmir Government Gazette, may, by name or in virtue of his office, appoint to be a Collector in any focal area, or with respect to any class of persons, for all or any of the purposes of this Act,; and
(7) "prescribed" means prescribed by rules made by the High Court under this Act.
4A. Power to confer jurisdiction on subordinate judicial officers and 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.