Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 4 - Bare Act

In this Act, unless there be something repugnant in the subject or context--

"Watan property" means the moveable or immovable property held, acquired, or assigned for providing remuneration for the performance of the duty appertaining to an hereditary office. It includes a right to levy customary fees or perquisites, in money or in kind, whether at fixed times or otherwise.

It includes cash payments in addition to the original watan property made voluntarily by ¹[the ²[State] Government] and subject periodically to modification or withdrawal.

"Hereditary Office" means every office held hereditarily for the performance of duties connected with the administration or collection of the public revenue or with the village police, or with the settlement of boundaries, or other matters of civil administration. The expression includes such office even where the services originally appertaining to it have ceased to be demanded.

The watan property, if any, and the hereditary office and the rights and privileges attached to them together constitute the watan.

"Watandar" means a person having an hereditary interest in a watan. It includes a person holding watan property acquired by him before the introduction of the British Government into the locality of the watan, or legally acquired subsequent to such introduction, and a person holding such property from him by inheritance. It includes a person adopted by an owner of a watan or part of a watan, subject to the conditions specified in sections 33 to 35 ³* * *

"Family" includes each of the branches of the family descended from an original watandar: Provided that no sub-division shall be recognised except as hereinafter provided in section 26.

"Head of a family" includes the chief representative of each branch of a family.

"Representative watandar" means a watandar registered by the Collector under section 25 ⁴* * * as having a right to perform the duties of an hereditary office.

"Officiator" means the person actually performing the duties of an hereditary office for the time being, whether he be a representative watandar or a deputy or a substitute appointed under any of the provisions ⁵[of this Act].

"Guardian" means a relation or other person to whom the care, nurture, or custody of any child falls by natural right or recognized usage, or who has accepted or assumed directly the care, nurture, or custody of any child, or in case of a dispute the holder of a certificate of guardianship from a competent court.

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

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

3 The Bombay Rent-free Estates Act, 1852.

4 The words " of this Act " were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act., 1904 (Bom. I of 1904).

5 These words were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), and re-inserted by the Amending Act, 1895 (16 of 1895).