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The Hindu Gains of Learning Act, 1930

Year of Passage: 1930 | Type: Bare Act

Section 1 Short title and extent.

(1) This Act may be called the Hindu Gains of LearningAct, 1930. (2) It extends to the whole of India 1[except the State of Jammu and Kashmir*.]

Section 2 Definitions.

In this Act, unless there is anything repugnant in the subject orcontext, (a) "acquirer" means a member of a Hindu undivided family, who acquires gains oflearning; (b) "gains of learning" means all acquisitions of property made substantially bymeans of learning, whether such acquisitions be made before or after thecommencement of this Act and whether such acquisitions be the ordinary or theextraordinary result of such learning; and (c) "learning" means education, whether elementary, technical, scientific, special orgeneral, and training of every kind which is usually intended to enable a person topursue any trade, industry, profession of avocation in life.

Section 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 theacquirer merely by reason 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 withthe aid of the funds of any member thereof, or (b) himself or his family having, while he was acquiring his learning, been maintainedor supported, wholly or in part, by the joint funds of his family, or by the funds of anymember thereof.

Section 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 thecommencement of this Act, (b) the validity, invalidity, effect or consequences of anything already suffered or done beforethe 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 orin 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 asis herein referred to may be enforced, instituted or continued, as the case may be, as if thisAct had not been passed.
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