Jammu and Kashmir Hindu Minority and Guardianship Act, 1957
No: 7 Dated: Mar, 04 1957
THE JAMMU AND KASHMIR HINDU MINORITY AND GUARDIANSHIP ACT, 1957
(Act No. VII of 1957)
An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus.
Be it enacted by the Jammu and Kashmir State Legislature in Eighth Year of the Republic of India as follows:–
1. Short title and extent. - (1) This Act may be called the Jammu and Kasmir Hindu Minority and Guardianship Act, 1957.
(2) It extends to the whole of the State of Jammu and Kashmir and applies also to Hindus domiciled therein who are outside the said territories.
2. Act to be supplemental to Act XIX of 1977. - 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, 1977 (XIX of 1977).
3. Application of Act. - (1) This Act applies-
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virasaiva, a Lingayat or a follower of a 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 extends 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, Buddhists, Jainas or Sikhs by religion as the case may be :-
(i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion ;
(ii) any child, legitimate or illegitimate ; one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged ; and
(iii) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) The expression 'Hindu' in any portion of this Act shall be construed 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.