Bare Act Search Results

BOMBAY HEREDITARY OFFICES ACT, 1874, (Maharashtra) Section 10

Title: Civil Court on receipt of Collector's certificate, to remove attachment on watan property assigned as remuneration of officiator

State: Maharashtra

Year: 1874

.....order of any 1[Court] any watan or any part thereof, or any of the profits thereof, recorded as such in the Revenue records or registered under this Act, and assigned under section 23 2* * * as remuneration of an officiator, has or have, after the date 3[of this Act] coming into force, passed or may pass without the sanction of 4[the 5[State] Government] into the ownership or beneficial possession of any person other than the officiator for the time being; or that any such watan, or any part thereof or any of the profits thereof, not so assigned has or have so passed 6[or may pass] into the ownership or beneficial possession of any person not a watandar of the same watan, the Court shall, on receipt of a certificate under the hand and seal of the Collector, stating that the property to which the decree or order relates is a watan or part of a watan, or that such property constitutes the profits or part of the profits of a watan, or is assigned as the remuneration of an officiator, and is therefore inalienable, remove any attachment or other process then pending against the said watan, or any part thereof, or any of the profits thereof, and set aside any sale or order of sale or.....

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 13

Title: Watan Assigned as Remuneration Not Liable to Process of Court

State: Maharashtra

Year: 1874

Watan property assigned as remuneration of an officiator under section 23 1* * * and the profits of such watan property are not liable to process of any Civil Court. On receipt of a certificate under the hand and seal of a Collector to the effect that certain property designated therein is watan property so assigned, the Court shall remove any attachment or other process placed on, or set aside any sale of, or affecting, such property or the profits thereof. ________________ 1 The words "of this Act" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904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. 1 of 1904).

Bombay Hereditary Offices Act, 1874 Complete Act

State: Maharashtra

Year: 1874

.....No. XI of 1852, or Bombay Acts Nos. II and VII of 1863, or any other law at present in force with respect thereto. SECTION 02: REPEAL OF ENACTMENTS. Rep. Act XII of 1876. SECTION 03: APPLICATION OF PARTS VI VII VIII and IX Parts VI, VII, VIII and IX5* * * shall not apply to hereditaly offices of lower degree than Patel or Kulkarni, not to watans appertaining to such offices. SECTION 04: INTERPRETATION CLAUSE 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 by2[the3[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.....

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 23

Title: Collector to Fix Emoluments of Officiators

State: Maharashtra

Year: 1874

.....or the profits thereof, towards the emoluments of officiators. The existing assignments shall, until altered by competent authority, be taken to have been made under this section. With the sanction of 1[the 2[State] Government] the Collector may, as occasion arises, alter the assignment and may increase or diminish it in value, such increase or diminution being made rateably among the holders in proportion to the profit derived by such holders respectively from the watan. ________________ 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.

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

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 22

Title: Creation of New Watans

State: Maharashtra

Year: 1874

.....established, it shall be lawful for1[the 2[State] Government], subject to the sanction mentioned in the first clause of this section, to assign such watan, or part of a watan, to such person or persona as to 1[the 2[State] Government] may seem fit. _________________ 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 words "or order of the Governor General of India in Council" were omitted, ibid. 4 The words "property vested in the Crown for the purposes of the Province" were substituted for the words "property of Government", ibid. 5 These words were substituted for the words "thrown for the purposes of the Province" by the Adaptation of Laws Order, 1950.

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).

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 8

Title: Watan Property Passed into Possession of Person Other Than Officiator Liable to Contribution for Remuneration of Officiator

State: Maharashtra

Year: 1874

.....the officiator for the time being, or has or have before such date passed otherwise than by virtue of, or in execution of, a decree or order of any 1[Court] into the ownership or beneficial possession of a watandar other than such officiator, or when any watan, or part or profits thereof, not being aligned as remuneration of an officiator has, after the date of this Act coming into force, passed by virtue of, or in execution of, a decree or order of any 1[Court] or otherwise, into the ownership or beneficial possession of a watandar other than such officiator; such watan, or any part thereof, or any of the profits thereof, shall be liable under the orders of the Collector to contribution for the remuneration of such officiator in like manner and to the like extent as if no such decree had been passed or no such transfer had taken place. _________________ 1 This word was substituted for the words "British Court" by the Adaptation, of Laws Order, 1950.

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 9

Title: Collector May Declare Alienation of Watan Property to Be Under Certain Circumstances Null and Void

State: Maharashtra

Year: 1874

.....of, a decree or order of any British Court and without the consent of the Collector and transfer of ownership in the Revenue records, into the ownership or beneficial possession of any person not a watandar of the same watan, the Collector may, after recording his reasons in writing, declare such alienation to be null and void, and order that such watan, or any part thereof, or any of the profits thereof, shall from the date of such order belong to the watandar previously entitled thereto, and may recover and pay to such watandar any profits thereof accordingly. Collector may in the Case of land recover full rent. (2) If such part of a watan be land, it shall be lawful for the Collector, instead of transferring the possession of the land, to demand and recover the full rent ordinarily paid by tenants of similar description in the same locality, and the amount so recovered shall be considered as the profits. The decision of the Collector as to what is the full rent shall be final.

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 64

Title: Powers Granted to Collector

State: Maharashtra

Year: 1874

.....to pass orders in regard to the appointment, remuneration, period of service, suspension and fining of persons officiating, the grant of leave of absence and other matters of discipline not expressly provided for by this or any other law for the time being in force.] ________________ 1. Section 64 was renumbered as section 64(2) by section 2 and Sch. I of the Bombay Decentralization Act, 1915 (Bom. 3 of 1915). 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. Clause (e) was substituted by section 2 and Sch. I of the Bombay Decentralization Act, 1915 (Bom. 3 of 1915). 5. Clause (f) was inserted by Bom. 15 of 1931, section 2. 6. Sub-sections (2) and (3) were inserted by Bom. 12 of 1932, section 2. 7. Sub-section (2) which was added by section 2 and Sch. I of Bom. 3 of 1915 was renumbered as sub-section (4), ibid.