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, or a 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 this Act or of any order
of the court;
(f) for conviction of an offence
implying, in the opinion of the court, a defect
of character which unfits him to be 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, of 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 guardian 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 the person made and
maintained the appointment in ignorance of the
existence 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.
|
