18. Appointment or declaration of Collector in virtue of office.

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 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. Guardian not to be appointed by the Court in certain cases.

Nothing in this Chapter shall authorize the Court to appoint or declare a guarding of the property of minor whose property is under the superintendence of a Court of Wards or to appoint or declare a guardian of the persons.
(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) 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 superintendence of a Court of Wards competent to appoint a guardian of the person of the minor.

20. Fiduciary relation of guardian to ward

(1) A guardian stands in a fiduciary relation to 'his wards, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this Act, he must not make any profit out of his office.
(2) The fiduciary relation of a guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor and generally all transactions between them while the influence of the guardian still lasts or is recent.

21. Capacity of minors to act as guardians

A minor is incompetent to act as guardian of any minor except his own wife or child, or, where he is the managing member of an undivided Hindu family, the wife or child of another minor member of that family.

22. Remuneration of guardian

(1) A guardian appointer or declared by the Court shall be entitled to such allowance, if any, as the Court thinks fit for his care and pains in the execution of his duties.
(2) When an officer of the Government, as so appointed are declared to be guardian, such fees shall be paid to the Government out of the property of the ward as the Provincial Government, by general or special order, directs.

24. Duties of guardian of the person

A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires.

26. Removal of ward from jurisdiction

(1) A guardian of the person appointed or declared by the Court, unless he is the Collector or is a guardian appointed by will or other instrument, shall not without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed.
(2) The leave granted by the Court under sub-section (1) may be special or general, and may be denied by the order granting it.

27. Duties of guardian of property.

A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realization, protection or benefit of the property.

29. Limitation of powers of guardian of property appointed or declared by the Court.

Where a person other than a Collector, or other than a guardian appointed by will or other instrument, has been appointed or declared by the court to by guardian of the property of a ward, he shall not, without the previous permission of the Court.
(a) Mortgage, or charge or. Transfer by sale, gift, exchange or otherwise any part of the immovable property of his ward; or
(b) Lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

Court Decisions

Interest of Minor. Rationale behind these sections is that interests of minor should not be Jeopardized. Impugned order has given unlimited power to guardians and has not attached any conditionality stipulated in statute. Impugned order set-aside. P.L.J.2000 Lah. 1667.

39. Removal of guardian.

The Court may on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, ora guardian appointed by will or other instrument, for any of the following causes, namely:--
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust,
(c) for incapacity to perform the duties of his trust,
(d) for ill-treatment, or neglect to take proper care, of his ward,
(e) for contumacious disregard of any provision of his Act or of any order of the Court,
(f) for conviction of an offence implying, in the opinion of the court, defect of character which unfits him to be the guardian of his ward,
(g) for having an interest adverse to the faithful performance of his duties,
(h) for ceasing to reside within the local limits of the jurisdiction of the Court,
(i) in the case of a guardian of the property for bankruptcy or insolvency,
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject:
Provided that a guarding appointed by will or other instrument, whether he has been declared under this Act or not shall not be removed--
(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that person made and maintained the appointment in ignorance of the adverse interest; or
(b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.