Updated: Saturday July 06, 2013/AsSabt
Sha'ban 28, 1434/Sanivara
Asadha 15, 1935, at 06:33:08 PM
[1][1]The Hindu Gains of Learning Act, 1930
(Act XXX of 1930)
[
An Act to remove doubt as to the rights of a
member of a Hindu undivided family in property acquired by him by means of his
learning
WHEREAS it
is expedient to remove doubt, and to provide a uniform rule, as to the rights
of a member of a Hindu undivided family in property acquired by him by means of
his learning;
It is hereby enacted as follows:-
1. Short
title and extent.— (1) This Act may be called the Hindu Gains of
Learning Act, 1930.
[2][2][(2) It extends to the Province of the
2. Definitions.— In this
Act, unless there is anything repugnant in the subject or context,—
(a) “acquirer” means a member of a Hindu undivided
family, who acquires gains of learning;
(b) “gains of learning” means all acquisitions of
property made substantially by means of
learning, whether such acquisitions be made before or after the commencement of
this Act and whether such acquisitions be the ordinary or the extraordinary
result of such learning; and
(c) “learning” means education, whether
elementary, technical, scientific, special or general, and training of every
kind which is usually intended to enable a person to pursue any trade,
industry, profession or a vocation in life.
3. Gains
of learning not to be held not to be separate property of acquirer merely for
certain reasons.— Notwithstanding any custom, rule or interpretation of
the Hindu Law, no gains of learning shall be held not to be the exclusive and
separate property of the acquirer merely by reasons of—
(a) his learning having been, in whole or in part,
imparted to him by any member, living or deceased, of his family, or with the
aid of the joint funds of his family, or with the aid of the funds of any member
thereof, or
(b) himself or his family, having, while he was
acquiring his learning, been maintained or supported, wholly or in part, by the
joint funds of his family, or by the funds of any member thereof.
4. Savings.— This Act
shall not be deemed in any way to affect—
(a) the terms or incidents of any transfer of
property made or effected before the commencement of this Act,
(b) the validity, invalidity, effect or
consequences of anything already suffered or done before the commencement of
this Act,
(c) any right or liability created under a
partition, or an agreement for a partition, of joint family property made
before the commencement of this Act, or
(d) any
remedy or proceeding in respect of such right or liability; or to render
invalid or in any way affect anything done before the commencement of this Act
in any proceeding pending in a Court at such commencement; and any such remedy
and any such proceeding as is herein referred to may be enforced, instituted or
continued, as the case may be, as if this Act had not been passed.
[1][1]For statement of objects and
reasons, see Gazette of India, 1929,
Pt. V, p.228; for Report of Select Committee, see ibid., 1930, Pt. V, p. 93.
[2][2]Substituted by the
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