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The Hindu Minority and Guardianship Act, 1956

Year of Passage: 1956 | Type: Bare Act

Section 1 Short title and extent.

(1) This Act may be called the Hindu Minority and Guardianship Act,1956. (2) It extends to the whole of India 1*** and applies also to Hindus domiciled in the territories towhich this Act extends who are outside the said territories.

Section 2 Act to be supplemental to Act 8 of 1890.

The provisions of this Act shall be in addition to, andnot, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 1890(8 of 1890).

Section 3 Application of Act.

(1) This Act applies,-- (a) to any person who is a Hindu by religion in any of its forms or developments, including aVirashaiva, a Lingayat or a follower of the Brahmo, Prarthana or AryaSamaj; (b) to any person who is a Buddhist, Jain or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim,Christian, Parsi or Jew by religion unless it is proved that any such person would not have beengoverned by the Hindu law or by any custom or usage as part of that law in respect of any of thematters dealt with herein if this Act had not been passed. Explanation.--The following persons are Hindus, Buddhists, Jains, or Sikhs by religion, as the casemay be:-- (i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains orSikhs by religion; (ii) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain orSikh by religion and who is brought up as a member of the tribe, community, group or family towhich such parent belongs or belonged; and (iii) any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion. (2) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply tothe members of any scheduled Tribe within the meaning of clause (25) of article 366 of the Constitutionunless the Central Government, by notification in the Official Gazette, otherwise directs. 1[(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shallapply to the Renoncants of the Union Territory of Pondicherry.] (3) The expression "Hindu", in any provision of this Act shall be construed as if it included a personwho, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of theprovisions contained in this section.

Section 4 Definitions.

In this Act,-- (a) "minor" means a person who has not completed the age of eighteen years; (b) "guardian" means a person having the care of the person of a minor or of his property or ofboth his person andproperty, and includes-- (i) a natural guardian, (ii) a guardian appointed by the will of the minors father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any Court ofwards. (c) "natural guardian" means any of the guardians mentioned in section 6.

Section 5 Over-riding effect of Act.

Save as otherwise expressly provided in this Act,-- (a) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law inforce immediately before the commencement of this Act Shall cease to have effect with respect to anymatter for which provision is made in this Act. (b) any other law in force immediately before the commencement of this Act shall cease to haveeffect in so far as it is inconsistent with any of the provisions contained in this Act.
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