What are the main features of the Hindu Gains of Learning Act, 1930?

The Law which was before the passing of this Act:

(1) The income earned by a member of a joint family by the practice of profession or occupation requiring training was joint family prop­erty if such training was imported at the expense of joint family property.

The gains made by personal labour and without the aid of the joint family funds by a member who was maintained out of the joint family funds and received no more than an ordinary educa­tion were the self-acquired property of such member.

Accordingly it was decided in the case of Gokal Chand v. Hukam Chand, 2 L. 23 P.C. that income earned by a member of joint family by practice of arty occupation requiring special train­ing was joint family property and partible if such training was imported at the cost of family expenses.

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But after the passing of the High Gains of Learning Act, 1930 which has retrospective effect the law is as follows:

“Notwithstanding any custom, rule or interpretation of the Hindu Law no gains of learning shall be held not to be exclusive and separate property of the member of the joint family who acquires them 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 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 such learning been maintained or supported, wholly or in part by the joint funds of the family, or by the funds of any member thereof.

“Gains of Learning” means all acquisitions of property made substantially by means of learning, i.e., education; whether ele­mentary, technical or scientific, special or general”.