HINDU MINORITY AND
GUARDIANSHIP ACT, 1956
(ACT NO. 32 OF
1956)
An Act to amend and codify sure elements of the legislation relating
to minority of guardianship amongst Hindus
Be it enacted by parliament within the seventh 12 months of the
Republic of India as follows:-
1.
Brief title and extent.- (1) This Act
could also be known as the Hindu minority and Guardianship Act. (2) It extends to the
complete of India besides the state of Jammu and Kashmir and applies to Hindus
domiciled within the territories to which this Act extends who’re outdoors the mentioned
territories.
2.
Act to be supplemental Act VIII of
1890.- The provisions of this Act
shall be along with, and never, save as hereinafter expressly supplied, in
derogation of the Guardians and Wards Act, 1890.
3.
Software of Act.– (1) This Act
applies,
(a)
To
any one who is Hindu by faith in any of its kinds or developments,
together with a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or
Arya Samaj,
(b)
To
any one who is a Buddhist, Jaina or Sikh by faith and
(c)
To some other particular person domiciled within the
territories to which this Act prolong who isn’t a Muslim, Christian, Parsi or
jew by faith, until it’s proved that any such particular person wouldn’t have been
ruled by the Hindu legislation or by any customized or utilization as a part of that legislation in
respect of any of the issues handled herein if this Act had not been
handed.
Rationalization.-
The next individuals are Hindus, Budhhists, Jainas or Sikhs by faith,because the
case could also be:-
I.
Any youngster, respectable or illegitimate, each of
whose dad and mom are Hindus Budhhists, Jainas or Sikhs by faith;
II.
Any youngster, respectable or illegitimate, one in all
whose dad and mom is a Hindu, Budhhists, Jaina or Sikh by faith and who’s
introduced up as a member of the tribe, group, group, of household to which such
dad and mom belong or belonged; and
III.
Any one who is a convert or re-convert to the
Hindus, Buddhist, Jaina or Sikh faith.
(2) However something contained in sub-section (1),
nothing contained on this Act shall
apply to the members of any Scheduled Tribe inside the that means of clause (25)
of article 366 of the Structure until the Central Authorities, by
notification in Official Gazette, in any other case directs.
(3) The specific “Hindu” in any portion of this Act shall be
constructed as if it included an individual who, although not a Hindu by faith, is
however, an individual to whom this Act applies by Advantage of the provisions
contained on this part.
