THE HINDU GAINS OF LEARNING ACT, 1930 (XXX of 1930) CONTENTS 1. Short title and extent 2. Definitions 3. Gains of learning not to be held not to b e separate property of a cquirer merely for certain reasons 4. Savings TEXT 1 THE HINDU GAINS OF LEARNING ACT, 1930 (XXX of 1930) [25th July, 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) It extends to the whole of 3 [the Province of the Punjab].] 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 thi s 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 ena ble 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 g ains of learning shall be held not to be the exclusive and separate property of the acquirer merely by reasons of– 1For 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. 2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), w.e.f. 14.10.1955, s.3 and 2nd schedule; and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845. 3Substituted for the word “Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No.1 of 1974),w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette(Extraordinary), dated 20.11.1974, pages 1425 -A to 1425-PP, which had been substituted by the Central Laws (Statute Reform) Ordinance, 19 60 (XXI of 1960), w.e.f. 14.10.1955, s.3 and 2 nd schedule; and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725 -845, which had been substituted for the words “the whole of British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), w.e.f. 28.3.1949, Articles 3(2) and 4 and published in the Gazette of Pakistan, pages 223-283. (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 j oint 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 resp ect 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.