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Maharashtra Bare Acts 1874

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Preamble

Title : the Bombay Hereditary Offices Act, 1874

State : Maharashtra

Year : 1874

..... __________________ 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1873, Part V, and pp. 207 and 309, for Proceedings in Council, see ibid., pp. 439, 443 and 462, ibid., 1874, pp. 135, 148, 156 and 162. As to the application of Bom. 3 of 1874 as amended by Bom. 5 of 1886, to Matadars in the districts of Ahmedabad, Kaira, Broach and Surat, and in villages in the Pancn Mahals District to which Bom. 6 of 1857, infra, is extended--see the Matadars Act, 1887 (Bom. 6 of 1887), section 1 and 2, infra. Subject to modifications and repeals, Bom. 6 of 1887 is to be read as one with this Act,--see Bom. 6 of 1887, section 4. For further modifications, see section 5 et seq. of the latter Act.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Part I

Title : Preliminary

State : Maharashtra

Year : 1874

Part I PRELIMINARY

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 1

Title : Short Title

State : Maharashtra

Year : 1874

This Act may be called the Bombay Hereditary Offices Act. It extends to the Regulation Districts and to all villages therein, whether alienated or otherwise, so far as its provisions shall not conflict with the terms, on which any such alienated village may have been secured to the holder thereof. Nothing in this Act shall affect the powers of 1[the 2[State] Government] to deal with any watan or parts of watans, or with the profits thereof respectively under 3Act No. XI of 1852, or Bombay Acts Nos. II and VII of 1863, or any other law at present in force with respect thereto. _________________ 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.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 2

Title : Repeal of Enactments

State : Maharashtra

Year : 1874

Rep. Act XII of 1876.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 3

Title : Application of Parts Vi, Vii, Viii and Ix

State : Maharashtra

Year : 1874

Parts VI, VII, VIII and IX 1* * * shall not apply to hereditary offices of lower degree than Patel or Kulkarni, nor to watans appertaining to such offices. _____________ 1 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).

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

Title : Interpretation Clause

State : Maharashtra

Year : 1874

.....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. _________________ 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).

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Part II

Title : Watan Property and Profits Thereof

State : Maharashtra

Year : 1874

Part II WATAN PROPERTY AND PROFITS THEREOF

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

Title : Prohibition of Alienation of Watan and Watan Rights

State : Maharashtra

Year : 1874

.....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.] ________________ 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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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 6

Title : Collector May Institute Legal Proceedings for the Protection of a Watan

State : Maharashtra

Year : 1874

.....by suit or petition in any Civil Court having jurisdiction in the matter. The cost of such proceedings, unless recovered from the opposite party, shall be paid out of the funds of the watan. Collector may proceed under sections 8 to 11, or 13 (2) The Collector may, if he thinks fit, proceed as provided in sections 8, 9, 10, 11 or 13 1* * * in lieu of instituting or prosecuting legal proceedings under this section. ________________ 1 The word "Revenue" was 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. 1 of 1904). 2 This word was substituted for the words " State Government" by Bom. 8 of 1958, section 3, Schedule. 3 These words were substituted for the words "State Government", ibid. 4 These words were substituted for the words "it thinks fit" by Bom. 8 of 1958, section 3, Schedule.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 7

Title : Watan as Signed as Remuneration Not Alienable Without Sanction

State : Maharashtra

Year : 1874

Watan property assigned under section 23 1* * * as remuneration of an officiator, and the profits of watan property so assigned, shall not be alienated or assigned to any person whatever without the sanction of 2[the 3[State] Government]. _________________ 1 The words " of this Act" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886). 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

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