Guardians and Wards Act,1890
Act No : 8
Section : Penalty for contumacy
45. Penalty for contumacy.-(1) In the following cases, namely:-- (a) if a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1), or (b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court the balance due from him on those accounts in compliance with a requisition under clause (d) of that section, or (c) if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under section 41, sub-section (3),the person, guardian or representative, as the case may be, shall beliable, by order of the Court, to fine not exceeding one hundredrupees, and in case of recusancy to further fine not exceeding tenrupees for each day after the first during which the defaultcontinues,---------------------------------------------------------------------1. See now Order XXXIX, rules 1 and 2, in Sch. I to the Code ofCivil Procedure, 1908 (5 of 1908).24and not exceeding five hundred rupees in the aggregate, and todetention in the civil jail until he undertakes to produce the minoror cause him to be produced, or to compel his return, or to deliverthe statement, or to exhibit the accounts, or to pay the balance, orto deliver the property or accounts, as the case may be. (2) If a person who has been released from detention on giving anundertaking under sub-section (1) fails to carry out the undertakingwithin the time allowed by the Court, the Court may cause him to bearrested and re-committed to the civil jail.
