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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.

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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.....

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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.

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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.....

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MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter IV

Title: LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN

State: Central

Year: 1874

.....all persons, for the protection and security of such property, as is she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried. Section 8 - Wife's liability for post-nuptial debts If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest.....

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MARRIED WOMEN'S PROPERTY ACT, 1874 Section 8

Title: Wife's liability for post-nuptial debts

State: Central

Year: 1874

If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest therein, or (b) affect the liability of a husband for debts contracted by his wife's agency expressed or implied.] _______________________ 1. Substituted by Act 21 of 1929, Sec. 2, for the original proviso.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 11

Title: Collector Shall Declare Null and Void Alienation of Watan Property Made After Passing of Act

State: Maharashtra

Year: 1874

When any alienation of the nature described in section 10 1* * * shall take place otherwise than by virtue of, or in execution of a decree or order of any 2[Court], the Collector shall, after recording his reasons in writing, declare such alienation to be null and void, 3* * * * * * ________________ 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). 2 This word was substituted for the words "British Court" by the Adaptation of Laws Order, 1950. 3 The words "and shall either summarily resume possession of such property or assess it at the rate prescribed in section 9, clause 2, of this Act, as he may think fit, and it shall thenceforward revert to the watan" were repealed by section 4, Bom. 5 of 1886.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 11A

Title: Resumption of Property to Which an Order Made Under Section 10 or Section 11 Applies

State: Maharashtra

Year: 1874

1[The Collector shall either summarily resume possession of all property to which an order of a Court passed on receipt of his certificate under section 10, or his own declaration under section 11, relates or assess it at the rate prescribed in clause 2 of section 9, as he may think fit, and the said property shall thenceforward revert to the watan.] ________________ 1 Section 11A was inserted by Bom. 5 of 1886.

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 12

Title: Powers of Collector to Carry out Provisions of Sections 8, 9 and 11

State: Maharashtra

Year: 1874

It shall be lawful for the Collector whenever it may be necessary, in carrying out the provisions of sections 8, 9 and 11 1* * * (a) to summarily evict any person wrongfully in possession of any land, or (b) to levy any rent due by any person in the manner that may be prescribed by any law for the time being in force for the levy of revenue demand. ________________ 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).

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Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 67

Title: Service Register What to Contain

State: Maharashtra

Year: 1874

.....of a rupee; (e) the number of officiators required to perform the duties; (f) the nature of the settlement of inferior village watans referred to in Part X 3* * *; (g) such other particulars as 4[the 5[State] Government] may (from time to time) order to he recorded. ___________________ 1. As to the local repeal of section 67, see Bom. 6 of 1887. 2. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950. 3. The words "of this Act" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), Sch. B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bom. 1 of 1904). 4. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of India Laws Order in Council. 5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

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