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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 5 - Bare Act

State

Maharashtra Government

Year

Section Title

Prohibition of Alienation of Watan and Watan Rights

Act Info:


1[(1) Without the sanction of 2[the 3[State] Government], 4[or in the case of a mortgage, charge, alienation, or lease of not more than thirty years, of the Commissioner] it shall not be competent--

(a) to a watandar to mortgage, charge, alienate or lease, for a period beyond the term of his natural life, any watan, or any part thereof, or any interest therein, to or for the benefit of any person who is not a watandar of the same watan;

(b) to a representative watandar to mortgage, charge, lease or alienate any right with which he is invested, as such, under this Act.

(2) In the case of any watan in respect of which a service commutation settlement has been effected, either under section 15 or before that section came into force, clause (a) of this section shall apply to such watan, unless the right of alienating the watan without the sanction of 2[the 3[State] Government] is conferred upon the watandars by the terms of such settlement or has been acquired by them under the said terms.]

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1 Section 5 was substituted by section 1, Bom. 5 of 1886. As to postponement of female members and as to interest of widow see ibid., section 2.

2 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

4 These words were inserted by Bom. 8 of 1958, section 3, Schedule.



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