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Hindu Gains of Learning Act, 1930 Complete Act

Title: Hindu Gains of Learning Act, 1930

State: Central

Year: 1930

Preamble1 - HINDU GAINS OF LEARNING ACT, 1930 Section1 - Short title and extent Section2 - Definitions Section3 - Gains of learning not to be held, not to be separate property of acquirer merely for certain reasons Section4 - Savings

Hindu Gains of Learning Act, 1930 Preamble 1

Title: Hindu Gains of Learning Act, 1930

State: Central

Year: 1930

HINDU GAINS OF LEARNING ACT, 1930 [Act, No. 30 of 1930] [25th July, 1930]

Hindu Gains of Learning Act, 1930 Section 3

Title: Gains of Learning Not to Be Held, Not to Be Separate Property of Acquirer Merely for Certain Reasons

State: Central

Year: 1930

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 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 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.

Hindu Gains of Learning Act, 1930 Complete Act

State: Central

Year: 1930

.....demoralising influence upon his character by inducing him to have recourse to dishonest subterfuges like benami transactions. Likewise, the present rule is not favourable to the growth of self-reliance among the dependent members of the family. In a rich family, it offers a premium to extravagance, idleness and perpetual discord. Its injustice is manifestly galling. Take, e.g., a case in which a father has three sons and incurs the same expenditure on their education. He sends them all to England to be educated for the 1.C.S. One is successful, the other two fail. Of the two who fail, one takes to trade, the other is unwilling to do any work and remains idle. The trader earns a large fortune, which the present law allows him to keep to himself, because his education in England was for the Civil Service and not for trade. But, out of the earnings of the Civilian, two shares are claimed, one by the trader and the other by the brother who has been idle. The trader keeps his own earnings and also takes a share of the Civilian's earnings. Take again a case in which three brothers are given by their father the same education for the same profession and at the same cost. Though they.....

Hindu Gains of Learning Act, 1930 Section 2

Title: Definitions

State: Central

Year: 1930

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 avocation in life.

Hindu Gains of Learning Act, 1930 Section 1

Title: Short Title and Extent

State: Central

Year: 1930

(1) This Act may be called the Hindu Gains of Learning Act, 1930. 1[(2) It extends to the whole of India except the State of Jammu and Kashmir.] ________________________ 1. Substituted by the Miscellaneous Personal Laws (Extension) Act, 1959 (Act 48 of 1959) w.e.f 01.02.1960.

Hindu Gains of Learning Act, 1930 Section 4

Title: Savings

State: Central

Year: 1930

This Act shall not be deemed in any way to affect- (a) The terms or incidents of any transfer of property made or affected 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.

Merchant Shipping Act, 1958 Section 358

Title: Shipping Casualties and Report Thereof

State: Central

Year: 1958

.....or casualty as abovementioned occurs to or on board any Indian ship, and any competent witness thereof is found in India; (e) any Indian ship is lost or is supposed to have been lost and any evidence is obtainable in India as to the circumstances under which she proceeded to sea or was last heard of. (2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship at the time of the shipping casualty, and in the cases mentioned in clause (d) of sub-section (1), where the master of the ship concerned or (except in the case of a loss) where the ship concerned proceeds to any place in India from the place where the shipping casualty has occurred, the master of the ship, shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in this behalf by the Central Government.

Inland Vessels Act, 1917 Chapter IV

Title: Investigations into Casualties

State: Central

Year: 1917

.....Court Of Investigation (1)1[Whenever the State Government is satisfied that it is necessary or expedient to have aformal investigation into the facts of any case reported under section 32 or otherwise brought to its notice, the State Government may],-- (a) appoint a special Court and direct the Court to make the investigation at such place as the2[State Government] may fix in this behalf, or (b) direct any principal Court of ordinary criminal jurisdiction or the Court of any District Magistrate to make the investigation. (2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less than two nor more than four persons, of whom one shall be a Magistrate, one shall be a person conversant with maritime affairs or with the navigation of inland3[mechanically propelled vessels], and the other or others (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation of inland3[mechanically propelled vessels]. ________________________ 1. Subsisted by Amendment Act, 1977 (35 of 1977), S. 21 (w.e.f. 1-5-1978). 2. Substituted for the words "Provincial Government" by A. L. O., 1950. 3. For the words.....

Merchant Shipping Act, 1958 Section 359

Title: Report of Shipping Casualties to Central Government

State: Central

Year: 1958

(1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has. occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty. (2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf.