Section 18 of The Guardians and Wards Act, 1890
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.
Summary
- The court can appoint an official known as a Collector to be a guardian based entirely on their official job title.
- This appointment can be for the minor's physical person, their property, or both.
- When the order is made this way, the guardianship duties attach to the office of the Collector, not the specific individual.
- Whoever currently holds the office of Collector is automatically authorized and required to act as the guardian.
Practical examples
FAQ
1. Can a government official be a guardian?
Yes, the court can appoint a Collector in virtue of their office.
2. Does the guardianship stay with the person if they change jobs?
No, if a Collector is appointed by virtue of their office, the duty belongs to whoever is currently holding that office.
3. Can the Collector be in charge of the child's daily care, or just their money?
The Collector can be appointed as guardian of the person, the property, or both.
Test yourself
Q1.Under Section 18 of The Guardians and Wards Act, 1890, what is the legal effect of appointing a Collector as a guardian "in virtue of his office"?
Q2.Under Section 18 of The Guardians and Wards Act, 1890, for what aspects of a minor's life can a Collector be appointed as guardian?
Q3.Under Section 18 of The Guardians and Wards Act, 1890, if the current Collector is transferred to a different district and a new Collector is appointed to the office, what happens to the guardianship?
Q4.Under Section 18 of The Guardians and Wards Act, 1890, does the order appointing the Collector just give them permission to act, or does it force them to act?