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State of Chattisgarh - Section

Section 367 in The High Court of Chhattisgarh Rules, 2007

367.

(1)In this rule, "the Act" means the Guardians and Wards Act, 1890.
(2)An application for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both as required by Section 10 of the Act. shall be in Form A as prescribed with such variations as the circumstances of each case may require.
(3)Where the father of a minor is living, and is not proposed as guardian, the application shall state any facts relied on as showing that he is unfit to act as guardian of the minor or that he consents to the application.
(4)Notice of the application as required by Section 11 of the Act shall be in Form B prescribed and shall be issued and served in the manner prescribed for summons to a defendant.
(5)When a guardian is appointed or declared under the Act, he shall be furnished with a certificate of guardianship in Form C as prescribed and his attention should be drawn to the provisions of Sections 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 and 45 of the Act, which contains the following instructions and information:-
(i)That he shall not remove the ward from the limits of the Court's jurisdiction (Section 26 of the Act).
(ii)That he should take due care of the properties entrusted to him in the manner stated in Section 27.
(iii)That he is not authorized to make transfers or do any of the acts mentioned in Sections 28 and 29 without the permission of the Court.
(iv)That in the ease of a guardian, other than the Collector, his powers are liable to be restricted or extended by order of the Court (Section 32).
(v)That he can, in the case of necessity, submit any question relating to the management of the property of his ward for the opinion or advice of the Court (Section 33).
(vi)That in cases mentioned in Sections 35 and 36, the remedies provided therein are available against him.
(vii)That for reasons stated in Section 39, he is liable to be removed from his office.
(viii)That for reasons given in Sections 44 and 45, he is liable to the penalties stated therein.
(ix)That he is in general bound by the provisions of the Act, the rules framed or to be framed thereunder and the order of the Court passed under the Act. His attention shall also be drawn to any special restrictions on the powers as guardian which may be imposed by the Court at the time of issuing the certificate.
Note: No ministerial officer employed in the Judicial Department shall be appointed or declared as such officer to be guardian of the person or the property of a minor nor shall any such official be appointed or declared as aforesaid in his private capacity, unless he has been appointed by Will or other instrument or is by reason of relationship to the minor or other special circumstances unconnected with him official position suited to act as guardian.
(6)Every guardian appointed or declared by the Court, except when he is the Collector of the district, shall ordinarily be required to give a bond, with or without a surety or sureties, as the Court may think fit to direct, for a sum not less than the total estimated value of the movable property and three year's profits of the whole estate. Such bonds shall be in Form D as prescribed, with such variations as the circumstances of each case may require.
(7)At the time of appointing or declaring a guardian, the Court shall pass orders as to the allowances, if any, to be granted to, and the security to be required from, such guardian.
(8)The statements showing the property of a ward and the debts due, as required by clause (b) of Section 34 of the Act shall be in Forms E (1) and E (2) respectively as prescribed.
(9)
(i)Applications with respect to the guardianship of the person or property of a minor and applications under Section 31 of the Act for sanction for the sale of the property of a minor, and proceedings taken in connection with the accounts of each year shall be entered in the register of Miscellaneous Judicial Cases.
(ii)For statistical purposes, an application for an order of guardianship shall be treated as "disposed of' as soon as a guardian has been appointed and has furnished the requisite security or the application has been rejected or dismissed, as the case may be.
(iii)An application under Section 31 shall be treated as "disposed of' as soon as the permission for sale etc. has been given or refused.
(iv)Proceedings in connection with annual accounts shall be treated as "disposed of" as soon as the Court after an examination of the accounts by itself or by an officer appointed for the purpose has satisfied itself of the correctness thereof or proceedings taken in consequence of such examination have terminated.
(10)In ordinary cases, a fly-sheet, and in large cases, a book, in Form F prescribed shall be maintained for each estate and all miscellaneous judicial cases in connection with the estate from the appointment of the first guardian till the ward concerned attains majority shall be shown in it.
(11)A register of estates of wards in Form G prescribed shall also be maintained. As soon as an estate has passed out of the hands of the Court a line in red ink shall be drawn across the entry. When on account of a register having been completely filled and another register is to be opened, all pending entries in the old register shall be copied in the new register. The register shall be preserved for 25 years from the date of the last entry therein.
(12)In the case of estates of which the annual income is not over Rs. 500/- accounts need not ordinarily be submitted by the guardian, but the Court may at any time call upon the guardian to submit such accounts as it thinks necessary. In other cases, the Court shall direct the guardian, except when he is the Collector of the district, to submit an account of the income and expenditure of the ward's estate once a year. Account of agricultural estates should be submitted within three months alter the close of the agricultural year of the revenue district in which the estate lies, and accounts of trading, money-lending and other estates by the 1st January.
(13)Before disposing of an application made by a guardian for any of the purposes referred to in Sections 28 and 29 of the Act, the Court shall ordinarily cause due notice of such application to be given to such persons, whether relatives of the ward or otherwise connected with him, as may be held by the Court to be affected by such application.
(14)The ward, if a male, shall in the absence of sufficient reason to the contrary, be produced on each occasion when the accounts are submitted, and if the submission of annual accounts has been dispensed with, whenever the Court directs. The Court shall, as far as possible, examine his physical, intellectual and moral condition, and ask him whether he has any remarks to make regarding the management of his estate and his own treatment and comfort.
(15)All statements and accounts produced by the guardian shall be kept with the files of the case concerned and shall be open to inspection, with the permission of the Court, by persons legitimately interested in the same. No fees shall be charged for this inspection.
(16)When a guardian has been appointed by the Court, he shall be required, except in the case of estates of which the income is not over Rs. 500/-, to open an account, in his own name, on behalf of the ward at a Bank or with a firm to be approved by the Court. Any surplus moneys which may remain over after the current expenses of the estate and the ward's maintenance and education have been paid shall be invested by the guardian in Government Promissory Notes or other securities approved by the Court.
(17)In cases in which the ward's estate is under the management of Government, District Judge, Collector, or other Government officer, surplus moneys may be invested in Government Promissory Notes which should be deposited in the treasury for safe custody. The income of the estate, required for current expenditure's in connection with the management of the estate and the maintenance and education of the ward, shall be deposited in the treasury.Note: The deposit of money in a private bank in the name of the District Judge or other Government Officer as guardian of a ward's estate, is prohibited.
(18)
(i)In cases in which the District Judge thinks that a complete audit of the account of any of the estates in his charge is necessary he may entertain special clerks or a Local Auditor. The clerks or Auditor shall be paid from the estate concerned; each estate being required to contribute in proportion to its gross income. Where there is an Official Receiver and he is not the guardian he may he appointed to audit accounts, and in the case of big landed estates he may be asked to go to the spot and check the account by personal inquiry. The remuneration of the Official Receiver will be fixed by the State Government on a reference made to it direct by the District Judge as soon as he has disposed of the Receiver's report. Such detailed audit should not ordinarily be necessary where the annual income is not over Rs. 5,000/-, and in such cases it will ordinarily be sufficient for the Court to make a rough estimate of income,and expenditure and to limit its supervision to enforcing the deposit of the annual surplus by the guardian. If necessary, the Court may. where funds of an estate permit, appoint some local pleader to check accounts and report and in case of large estates, a commission may be issued to an executive officer or pleader to make local enquiries and report. Too detailed accounts from the guardian should not be exacted.
(ii)The Court shall certify that it has scrutinized the accounts or has had them audited, as the case may be, and shall record such remarks as may be necessary thereon. The Court shall thereafter, when duly satisfied with the accounts, countersign the same.
(19)Without prejudice and in addition to foregoing rules, an application of a foreigner to be appointed guardian of the person ofan Indian child with leave to remove the child out of India to his own country' for the purpose of adopting it in accordance with the law of his country, should not be entertained directly by the Court. Such application should be sponsored by a Social or Child Welfare Agency recognized or licensed by the Government of the Country, in which the foreigner is resident. The application should be accompanied by home study report of the foreigner by such agency containing information to show whether he is fit and suitable person and has the capacity to parent a child coming from a different racial and cultural milieu. The sponsoring foreign agency must also certify that the foreigner seeking to adopt a child is permitted to do so according to the law of his country. In case the foreigner is not in a position to come to India, the application must be further accompanied by a power of attorney in favour of an officer of the Social or Child Welfare Agency in India which is to process the application.
(20)Such an application should be processed in the Court only by a Social or Child Welfare Agency licensed or recognized by the Government of India or the Government of the State in which it is operating. Such agency shall annex a child study report giving all relevant information in regard to the child to assist the Court in coming to a decision whether it will be for the welfare of the child to be given in adoption to the foreigner wishing to adopt it.
(21)Except where the child is an orphan, destitute or abandoned child whose biological parents are not known, in all other cases the agency processing such an application should take from the biological parents a document of surrender duly signed by the biological parents and attested by at least two respective persons. The biological parents should not have surrendered the child before its birth or within a period of three months from the date of birth.
(22)No notice under Section 11 of the Act shall be issued to the biological parents of the child, so that they shall not have any opportunity of knowing who are the adoptive parents taking the child in adoption. Such notice shall not also be published in a news paper. Notice under Section 11 ibid shall however be given to Indian Council of Child Welfare or Indian Council for Social Welfare or any of its branches for scrutiny of the application and making its representation to the Court.
(23)The proceedings on such application should be held by the Court in camera and as soon as an order is made, the entire proceedings, including the papers and documents should be sealed. The entire proceeding should be completed by the Court expeditiously and as far as possible within a period of two months from the date of filing of such application.
(24)It is desirable that the child given in inter-country adoption should be below the age of 3 years on the date of application. In case of any child above the age of 3 years, the wishes of the child should be ascertained by the Court.
(25)The order on such application should include a condition that the foreigner, whose application is allowed, shall submit to the Court as also to the Social or Child Welfare Agency processing his application, progress reports of the child along with a recent photograph quarterly during the first two years and half yearly for the next three years.
(26)The order appointing a foreigner as guardian shall also carry, attached to it, a photograph of the child duly counter-signed by an officer of the Court.
(27)Copy of the order shall be sent by the Court to the `Ministry of Social Welfare, Government of India as also to the Ministry of Social Welfare of the Government of the State in which it is situate'.Form `A'In The Court of .................. Court Fees...In the matter of the guardianship of....... son of Caste , resident of ............. minor.....
(a) (b) (c) (d)
The name, Sex, religion, date of birth andordinary residence of the minor Where the minor is a female, whether she ismarried, and if so, the name, and age of her husband The nature, situation and approximate value ofthe property, if any of the minor (for detail are schedule onreverse) The name and residence of the person having thecustody possession of the person or property of the minor
(e) (f) (g) (h)
What near relation the minor has, and where theyreside. Whether a guardian of the person or property, orboth, of the minor has been appointed by any person entitled orclaiming to be entitled by the law to which the minor is subjectto make such an appointment. Whether an application has at any time been madeto the court or to any other court with respect to theguardianship of the person or property, or both, of the minor,and if so, when, to that court and with what result. Whether the application is for the appointmentor declaration of a guardian of the person or the minor or of hisproperty or both.
(i) (j) (k) (l)
Whether the application is to appoint aguardian, the qualification of the proposed guardian. Whether the application is to declare a personto be a guardian the grounds on which the person claims. The causes which have led to the making of theapplication. Such other particular, if any, as may beprescribed or as the nature of the application renders itnecessary to state.
Signature of Petitioner or of Person duly authorized by him tothis behalf. The above particulars are true to the knowledge of the personmaking them, except as to matter stated on information andbelief, and as to those matters he believes them to be true.
I, the guardian proposed in the above application, do hereby declare that I am willing to act as such.
    ........................................
Attested by (1) ............. Signature of the person verifying.
  (2) ............. Signature of the proposed guardian.