A guardian, in the popular sense of one who guars, preserves or secures, is the generic term applied in legal usage to persons whose duty it is to protect the rights, whether of person or property, of some other person, his ward, who, as in the case of minors is conclusively presumed to be incompetent to manage his affairs. "Guardian" means a person having the care of the person of a minor or of his property, or of both his person and property. ….. [Section 4(2) of the Guardians and Wards Act, 1890]
"Guardian" in relation to a child or youthful offender, includes any person who, in the opinion of the Court having cognizance of any proceedings in relation to the child or youthful offender, has for the time being the actual charge of, or control over, the said child or youthful offender. ….. [Section 2(h) of the Children Act, 1974]
"Guardian" means any person to whom the care, nurture or custody of any child falls by law, or by natural right or recognized usage, or who has accepted or assumed the care, nurture or custody of any child, or to whom the care and custody of any child has been entrusted by any authority lawfully authorized in that behalf. ….. [Section 2 of the Vaccination Act, 1880]
"Guardian" includes any person having legal custody or control over a child. ….. [Section 2 of the Children (Pledging of Labour) Act, 1933]
A person may neither be a legal guardian nor a guardian appointed by the Court but may have voluntarily placed himself in charge of the person and property of a minor as in the present case. Such a person is called de facto guardian. A de facto guardian is merely a custodian of the person of the minor. ….. [Sultan Ahmad vs. Fazlal Kabir 5 DLR 383]