What Hindu Minority And Guardianship Act contains - LawyersThink

HINDU MINORITY AND GUARDIANSHIP ACT, 1956

(ACT NO. 32 OF 1956)

An Act to amend and codify certain parts of the law relating to minority of guardianship among Hindus

Be it enacted by parliament in the seventh year of the Republic of India as follows:-

1.       Short title and extent.- (1) This Act may be called the Hindu minority and Guardianship Act. (2) It extends to the whole of India except the state of Jammu and Kashmir and applies to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

2.       Act to be supplemental Act VIII of 1890.-  The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of the Guardians and Wards Act, 1890.

3.       Application of Act.- (1) This Act applies,

(a)           To any person who is Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b)          To any person who is a Buddhist, Jaina or Sikh by religion and

(c)           To any other person domiciled in the territories to which this Act extend who is not a Muslim, Christian, Parsi or jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

      Explanation.- The following persons are Hindus, Budhhists, Jainas or Sikhs by religion,as the case  may be:-

                            I.            Any child, legitimate or illegitimate, both of whose parents are Hindus Budhhists, Jainas or Sikhs by religion;

                          II.            Any child, legitimate or illegitimate, one of whose parents is a Hindu, Budhhists, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group, of family to which such parents belong or belonged; and

                        III.            Any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained  in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in Official Gazette, otherwise directs.

(3) The express “Hindu” in any portion of this Act shall be constructed as if it included a person who, though not a Hindu by religion, is nevertheless, a person to whom this Act applies by Virtue of the provisions contained in this section.