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Section 18: Appointment or declaration of Collector in virtue of office

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 17 All 53 Sections of Guardians and Wards Act Section 19

Legal Commentary & Landmark Judgments: Section 18

Section 18 regulates the appointment of the Collector of the district as guardian of the minor's person or property, defining administrative oversight by the State Government.

  • Collector as Guardian: Where the Collector is appointed or declared by the court in virtue of his office to be guardian, the order shall have effect as an appointment or declaration of the Collector for the time being.
  • Revenue Estate Oversight: Primarily utilized where the minor inherits vast agricultural or revenue-paying estates requiring official administrative management.
  • Control by State Government: The Collector is subject to the control of the State Government and designated revenue authorities in discharging guardianship duties.
Key Landmark Precedents:
  • Raja Anand Brahma Shah v. State of U.P. (1967) 1 SCR 373: The Supreme Court affirmed that the Collector acting under Section 18 manages the minor's estate as a statutory trustee under the supervision of the Board of Revenue.
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: Noted that institutional appointments under Section 18 are exceptional remedies invoked where private relatives are either absent or financially untrustworthy.
Courtroom Practice & Strategic Litigation Guidance:

In high-value inheritance matters where rival relatives are actively squandering the minor's revenue properties through sham leases or timber cutting, request the court under Section 18 to appoint the District Collector as interim property guardian.

Section 17 All 53 Sections of Guardians and Wards Act Section 19