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Start Free TrialBombay 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.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 40
Title: Election of Officiator in Rotation Watan
State: Maharashtra
Year: 1874
.....or persons, being a watandar or watandars of the same watan, the person or persons, so nominated shall be entitled to officiate in the place and for the period of service of the representative watandar whose turn it is to perform the duties. (3) If the person or persons so nominated be other than the representative watandar whose turn it is to perform the duties, he or they shall for all the purposes of this Act be deemed to be the duly appointed deputy or deputies of the said representative watandar. _________________ 1. As to the local repeal of sections 39, 40, 41, 42 and 43, see Bom. 6 of 1887. 2 The words "of this Act "were repealed by the Bombay General Classes Act. 1886 (Bom. 3 of 1886).
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 46
Title: Power to Remove Officiator or Deputy or Representative Watandar Who Becomes Unfit to Officiate
State: Maharashtra
Year: 1874
1[2 If an officiator at any time becomes unfit to officiate for any of the reasons specified in section 45, the Collector shall remove him from office and, subject to the other provisions of this Part, appoint another officiator. A deputy appointed by a representative watandar may at any time be removed from office by the Collector at the request of the representative watandar, if, in the opinion of the Collector, there are good grounds for such request.) _________________ 1. Sections 46, 47, 48 and 49 were substituted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910). 2. As to local repeal of sections 46 to 49, see Bom. 6 of 1887.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 53
Title: Deputy Must Ordinarily Be a Member of the Same Family as the Representative Watandar Whose Duty It is to Officiate
State: Maharashtra
Year: 1874
.....of such family fit and willing to officiate 5[or, in default of such member, a watandar of the same watan who is fit and willing to officiate and who is descended from the same original watandar as the representative watandar whose duty it is to officiate.] 6 * * * * * * * * ______________ 1. Section 53 was substituted by section 12 of the Bombay Hereditary Offices (Amendment) Act 1886 (Bom. 5 of 1886). 2. As to local repeal of sections 51 to 55, see Bom. 6 of 1887. 3. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5. These words were added by section 2 of the Bombay Hereditary offices Act, 1910 (Bom. 3 of 1910): 6. The following paragraph was repealed by Bom. 3 of 1910, section 3:- "If a representative watandar declines to appoint as his deputy any such person as afore said, the appointment shall be made by the Collector."
View Complete Act List Judgments citing this sectionBOMBAY 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.....
View Complete Act List Judgments citing this sectionBombay 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.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 41
Title: Mode of Appointment if Representative Watandars Fail to Nominate Officiator
State: Maharashtra
Year: 1874
1[If in the case of a watan in which the representative watandars are entitled to perform the duties in successive periods, the representative watandars shall not appear at the time and place appointed under the provisions of the last preceding section, or shall fail to nominate an officiator, or the requisite number of officiators, unanimously, then the provisions of this Act as to service by the representative watandar entitled to officiate and as to appointment of deputies shall apply. __________________ 1 As to the repeal of sections 39, 40, 41, 42 and 43, see Bom. 6 of 1887.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 57
Title: Punishment of Officiators
State: Maharashtra
Year: 1874
1[It shall be lawful for the Collector to suspend any officiator from office during inquiry into alleged misconduct, and to punish any such officiator for misconduct or neglect of duty by suspension from office for a period not exceeding six months, or by fine not exceeding the fourth part of the annual emolument provided for the officiator. The order of the Collector shall be final in such cases, except when the penalty is inflicted on an hereditary district officer. _______________ 1. As to local repeal of sections 56 to 58, see Bom. 6 of 1887.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 61
Title: Forfeiture of Life Interest of Officiator and Deputy for Misconduct of Deputy
State: Maharashtra
Year: 1874
.....watandar entitled to officiate whether the officiator guilty of misconduct be such representative watandar himself or a deputy appointed by him: 4[Provided that 2[the 3[State] Government] shall not direct under this or the preceding section the forfeiture of any watan or part thereof belonging to a person other than the one so convicted or found guilty, unless it is proved to 5[its] satisfaction that person had previous knowledge of or connived at the offence or misconduct.] __________________ 1. As to the local repeal of sections 61 and 62, see Bom. 6 of 1887. 2. The words "the Provincial Government" were substituted for the word " Government in Council" 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. The proviso to section 61 was inserted by Bom. 11 of 1925, section 3. 5. The word "its" was substituted for the word "his" ibid.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 58
Title: Collector May Remove Officiator with the Sanction of Provincial Government
State: Maharashtra
Year: 1874
1[It shall be lawful for the Collector, with the previous sanction of 2[the 3[State] Government], in case of fraud, the wilful framing of incorrect records, habitual neglect of duty, or other grave misconduct on the part of an officiator, to remove him from office 4[or if has ceased to officiate, to declare that he is ineligible for re-employment in any hereditary office except with the sanction of 2[the 3[State] Government]]. _______________ 1. As to local repeal of sections 56 to 58, see Bom. 6 of 1887. 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 added by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910).
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