GUARDIAN LAWS IN SABAH - 6/6/07 WEDNESDAY

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STATE OF SABAH
GUARDIANSHIP OF INFANTS ORDINANCE
(Sabah Cap. 54)

To make provision for the guardianship of infants.
(21st December, 1946.]
Short title.
This Ordinance may be cited as the Guardianship of Infants Ordinance.
2. Interpretation.
In this Ordinance unless there is anything repugnant in the context —
“Court” means the High Court or a Judge thereof sitting in open Court; and
“Judge” means a Judge of the High Court sitting in Chambers.
3. Duties of guardian of person.
The guardian of the person of an infant shall have the custody of the infant, and shall be responsible for his support, health and education.
4. Duties of guaradian of property.
The guardian of the property of an infant shall have the control and management of the infant’s property, and shall deal therewith as carefully as a man of ordinary prudence would deal with his own property, and may, subject to this Ordinance, do all acts which are reasonable and proper for the realisation or protection of the infant’s property.
5. Father to be guardian. Order of Court as to custody.
The father of an infant shall ordinarily be the guardian of the infant’s person and property:
Provided that the Court or a Judge may make such order as it or he thinks fit regarding the custody of the infant, and the right of access thereto of either parent, and may vary or discharge such order at any time on the application of either parent.
6. When no father, mother to be guardian; or guardian appointed by Court.
Where an infant has no lawful father living, the mother of the infant shall ordinarily be the guardian of his person and property:
Provided that the Court or a Judge may appoint some other person to be the guardian of the infant’s person and property, or either of them, to act jointly with the mother.
7. Testamentary guardian.
If both the parents of an infant are dead, the testamentary guardian (if any) appointed by the last surviving parent shall ordinarily be the guardian of his person and property.
8. Guardian of orphan.
If both the parents of an infant have died without appointing a testamentary guardian, the Court or a Judge may appoint a guardian of the infant’s person and property or either of them.
9. Variation of guardian of property.
The Court or a Judge may, in appointing any guardian of an infant’s property, by order define, restrict, or extend the power and authority of the guardian in relation thereto, to such extent as is necessary for the welfare of the infant.
10. Removal of guardian.
The Court or a Judge may remove from his guardianship any guardian, and may appoint another guardian in his place.
11. Matters to be considered.
The Court or a Judge, in exercising the powers conferred by the foregoing provisions of this Ordinance, shall have regard primarily to the welfare of the infant, and shall, where the infant has a parent or parents, consider the wishes of such parent or both of them, as the case may be.
12. Production of infant.
A Judge may, for the purpose of any application under this Ordinance, direct that any person appearing to have the custody of an infant shall produce the infant in the Judge’s Chambers or at such other place as he may appoint, and he may make such order for the temporary custody and protection of the infant as he thinks fit.
13. Placing infant in custody of guardian.
Where an infant leaves, or is removed from the custody of his lawful guardian, the Court or a Judge may order that he be returned to such custody, and for the purposes of enforcing such order, may direct an officer of the Court to seize the person of the infant and deliver him into the custody of his lawful guardian.
14. Security to be given
(1) Where a person appointed by the Court is the guardian of an infant’s property, he shall, unless the Judge otherwise orders, give security in such sum as may be appointed for the due performance of his duties as such guardian.
(2) Such security shall be given in the manner prescribed for the time being in the case of receivers appointed by the Court, and the guardian so appointed shall pass his accounts at such periods as may be ordered, and shall pay into Court any balance certified to be due from him in the manner prescribed in the case of receivers.
15. Limitation of guardian’s powers.
(1) A guardian of the property of an infant shall not, without the leave of the court or a Judge -
(a) sell, mortgage, exchange, or otherwise part with the possession of any of the movable or immovable property of the infant; or
(b) lease any land belonging to the infant for a term exceeding one year.
(2) Any disposal of an infant’s property in contravention of this section may be declared void, and on such declaration the Judge may make such order as appears requisite for restoring to the infant’s estate the property so disposed of.
(3) The Court or a Judge shall not make any order under subsection (1) unless it is necessary or advisable in the interests of the infant.
16. Guardian may not give discharge for capital monies.
A guardian of the property of an infant shall not, unless in any case the Court or a Judge otherwise orders, be empowered to give a good discharge for any legacy or other capital monies payable to or receivable by an infant.
17. Guardian may support infant out of income.
(1) A guardian of the property of an infant may make reasonable provision out of the income of such property for his maintenance and education, having regard to his station in life; but no sum exceeding one hundred ringgit per month may be so applied without the leave of the Court or a Judge.
(2) Where the income of the infant’s property in the hands of the guardian is insufficient for such purpose, or money is required for the infant’s advancement, a Judge may order that provision for such purpose be made out of the capital of the infant’s property, and for such purpose may authorise the sale, mortgage, transfer or charge of any part of the infant’s property, and give such directions in regard thereto as may be necessary in the interests of the infant.
18. Special order in case of small estate.
(1) If it appears that, having regard to the station in life of an infant and to the value of his property and to all the circumstances of the case, it would be expedient that the capital property of the infant should be made available for his maintenance, education or advancement in such manner as to avoid the expense of applications to the Court, a Judge may, instead of appointing a guardian of the property of the infant order that all the property of the infant of whatsoever description shall be placed in the hands of a person to be appointed by the Judge, with full power to deal with and apply the same for the purpose aforesaid in his sole and uncontrolled discretion; and in such case the receipt of the person so appointed shall be a good discharge to any person making any payment or transfer of any property to him on behalf of the infant.
(2) Any person so appointed may be ordered by the Court or a Judge to render an account of his dealings with the infant’s estate.
(3) The Court or a Judge may for any sufficient reason discharge any order, or revoke any appointment, made under subsection (1), and may appoint another person with the same power or such greater or less power as may appear advisable, or may appoint a guardian of the infant’s property.
19. Application for opinion, etc.
Any guardian may apply to a Judge for his opinion, advice or direction on any question respecting the management or administration of the infant’s property.
Posted by lexborneo at 4:31 PM