Section 22
Appointment Of Guardian
(1) In cases where a Child is deprived of his family for reasons of not living of his parents or adult relative belonging to the same home, or even if they are
living but are unable to bring up or look after the Child for reasons of physical or mental incapacity, every person may, for the purpose of being a guardian to the Child, submit an application to the Children Welfare Officer. On receipt of such application, the Children Welfare Officer shall, upon necessary inquiry into the
matter, appoint a Guardian for the Child subject to the provisions of this Section.
(2) In appointing a Guardian under sub-section (1), priority shall be given, as far as practicable, to the nearest heir. Provided that, if it is not appropriate to appoint the nearest heir as the Guardian for reasons of family fend or confrontation, or for any other reason, the Children Welfare Officer may, stating the
reasons thereof, appoint a distant heir or any other person as the Guardian of the Child as he deems appropriate.
(3) In appointing a Guardian pursuant to sub-section (2), consent of the appointee to that effect shall be obtained.
(4) Notwithstanding anything contained in sub-section (2), the following persons shall not be qualified to be appointed to or
hold the office of the Guardian: –
(a) If he is suffering from mental disease,
(b) If he has not attained the age of 25 years,
(c) If he is relieved of the office of Guardian in accordance with Section 28,
(d) If he is convicted of any offence involving moral turpitude by a court, or
(e) If he is bankrupt.
(5) If nobody agrees to act as Guardian of the Child or if no appropriate person is available to be the Guardian, the Children
Welfare Officer shall make arrangements to send the Child to a Children’s Welfare Home.
(6) In case there is any property, it also shall be handed over while handing over the Child to the Guardian pursuant to sub-
section (2) or the Children’s Welfare Home pursuant to sub-section (5). While handing over the property, its statement shall be
prepared and one copy shall be kept in his office and the other one shall be given to the Guardian or Chief of the Children’s Welfare
Home who receives the property.
(7) The Guardian or Chief of the Children’s Welfare Home may spend the income accrued from the property handed over
pursuant to sub-section (6) for the maintenance, education and health care of the concerned Child and keep its account.
living but are unable to bring up or look after the Child for reasons of physical or mental incapacity, every person may, for the purpose of being a guardian to the Child, submit an application to the Children Welfare Officer. On receipt of such application, the Children Welfare Officer shall, upon necessary inquiry into the
matter, appoint a Guardian for the Child subject to the provisions of this Section.
(2) In appointing a Guardian under sub-section (1), priority shall be given, as far as practicable, to the nearest heir. Provided that, if it is not appropriate to appoint the nearest heir as the Guardian for reasons of family fend or confrontation, or for any other reason, the Children Welfare Officer may, stating the
reasons thereof, appoint a distant heir or any other person as the Guardian of the Child as he deems appropriate.
(3) In appointing a Guardian pursuant to sub-section (2), consent of the appointee to that effect shall be obtained.
(4) Notwithstanding anything contained in sub-section (2), the following persons shall not be qualified to be appointed to or
hold the office of the Guardian: –
(a) If he is suffering from mental disease,
(b) If he has not attained the age of 25 years,
(c) If he is relieved of the office of Guardian in accordance with Section 28,
(d) If he is convicted of any offence involving moral turpitude by a court, or
(e) If he is bankrupt.
(5) If nobody agrees to act as Guardian of the Child or if no appropriate person is available to be the Guardian, the Children
Welfare Officer shall make arrangements to send the Child to a Children’s Welfare Home.
(6) In case there is any property, it also shall be handed over while handing over the Child to the Guardian pursuant to sub-
section (2) or the Children’s Welfare Home pursuant to sub-section (5). While handing over the property, its statement shall be
prepared and one copy shall be kept in his office and the other one shall be given to the Guardian or Chief of the Children’s Welfare
Home who receives the property.
(7) The Guardian or Chief of the Children’s Welfare Home may spend the income accrued from the property handed over
pursuant to sub-section (6) for the maintenance, education and health care of the concerned Child and keep its account.