1. (1) This Act may be called the Guardians and Wards Act, 1890.(2) It extends to the whole of Bangladesh; and(3) It shall come into force on the first day of July, 1890.

2. [Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]

3. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

4. In this Act, unless there is something repugnant in the subject or context,- (1) “minor” means a person who, under the provisions of the Majority Act, 1875, is to be deemed not to have attained his majority: (2) “guardian” means a person having the care of the person of a minor or 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, and includes the High Court Division in the exercise of its ordinary original civil jurisdiction: (5) “the Court” means- (a) the District Court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian; or (b) where a guardian has been appointed or declared in pursuance of any such application (i) the Court which, or the Court of the Officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian; or (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 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: ²[* * *] (8) “Prescribed” means prescribed by rules made by the ³[Supreme Court] under this Act.

⁴[4A.(1) The High Court Division 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.]

5. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

6. ⁵[* * *] nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of ⁶[* * *] person or property, or both, which is valid by the law to which the minor is subject.

7. (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 ⁷[:Provided that no person, other than a citizen of Bangladesh, shall be appointed or declared to be a guardian of a minor who is a citizen of Bangladesh.](2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

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

9. (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.

10. (1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure 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 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 application; 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.

11. (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 Code of Civil Procedure on- (i) the parents of the minor if they are residing in Bangladesh, (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 ⁸[Supreme Court] under this Act, thinks fit. (2) The 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).

12. (1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper. (2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country. (3) Nothing in this section shall authorise- (a) the Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or (b) any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.

13. 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.

14. (1) If proceedings for the appointment or declaration of a guardian of a minor are taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself.(2) ⁹[Each such Court] shall report the case to the High Court Division and the High Court Division shall determine in which of the Courts the Proceedings with respect to the appointment or declaration of a guardian of the minor shall be had.(3) In any other case in which proceedings are stayed under sub-section (1), the Courts shall report the case to, and be guided by such orders as they may receive from, their respective Government.

15. (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. ¹⁰[* * *](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.

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

17. (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. ¹¹[* * *](5) The Court shall not appoint or declare any person to be a guardian against his will.

18. 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 authorise 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.

19. 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 (b) subject to the provisions of this Act with respect to European british subjects, of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor, or (c) of a minor whose property is under the superin-tendence of a Court of Wards competent to appoint a guardian of the person of the minor.

43. (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 ¹⁶[Order XXXIX, rules 1 and 2] of the Code of Civil Procedure, 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.

44. 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 fine not exceeding one thousand Taka, or to imprisonment in the civil jail for a term which may extend to six months.

45. (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 Taka, and in case of recusancy to further fine not exceeding ten Taka, for each day after the first during which the default continues, and not exceeding five hundred Taka 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.

46. (1) The Court may call upon the Collector, or upon any Court subordinate to the Court, for a report on any matter arising in any proceeding under this Act and treat the report as evidence.(2) For the purpose of preparing the report the Collector or the Judge of the Subordinate Court, as the case may be, shall make such inquiry as he deems necessary, and may for the purposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the Code of Civil Procedure.

47. An appeal shall lie to the High Court Division from an order made by a Court,- (a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or (b) under section 9, sub-section (3), returning an application; or, (c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or, (d) under section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court or imposing conditions with respect thereto; or, (e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or, (f) under section 32, defining, restricting or extending the powers of a guardian; or, (g) under section 39, removing a guardian; or, (h) under section 40, refusing to discharge a guardian; or, (i) under section 43 regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order; or, (j) under section 44 or section 45, imposing a penalty.

48. Save as provided by the last foregoing section and by ¹⁷[section 115] of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.

49. The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court Division under this Act, be in the discretion of the Court in which the proceeding is had.

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

51. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

52. [Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]

53. [Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).]