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State of Bihar - Section

Section 23 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958

23. Appointment of guardians of minors or person of unsound mind under Section 40(2)(h).

- Appointment of guardians of minors whose interest may be affected by consolidation proceedings-
(i)[ The Assistant Consolidation Officer shall in consultation with the Village Advisory Committee appoint guardians, for purposes of proceedings under the Act, of such tenants, lessees, mortgagees or other encumbrancers who are minors or of unsound mind and whose interests are likely to be affected by consolidation proceedings unless such guardians have been already appointed by order of a competent court. [Substituted by S.O. 1461 dated 26.8.1976.]
(ii)The guardian appointed for a minor or a person of unsound mind shall be his natural guardian, unless the natural guardian possesses an interest adverse to the interest of the minor or the person of unsound mind. If the natural guardian is not so appointed, the Assistant Consolidation Officer shall record reasons therefor, and shall then appoint the nearest male relative of the minor or person of unsound mind, not possessing an interest adverse to him as guardian.]
(iii)A list of all such guardians together with the names of their wards shall be published in the village and any person interested in the ward may file an objection against such appointment before the Consolidation Officer within 15 days of such publication.The Consolidation Officer shall consider such objections in consultation with the Village Advisory Committee and pass orders thereon which shall be final.