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Start Free TrialBombay Hereditary Offices Act, 1874, (Maharashtra) Section 36
Title: Death of Representative Watandar to Be Reported; Name of Heir to Be Registered
State: Maharashtra
Year: 1874
.....watandar in place of the watandar so deceased: Provided that-- (1) in determining who is the nearest heir for the purposes of this section the rule of lineal primogeniture shall be presumed to prevail in the watan family; (2) in any case where the deceased watandar was not a sole representative watandar, if his nearest heir is not a member of the branch of the family to which the deceased watandar belonged but is another representative watandar of the same watan or is a member of the branch of another representative watandar of the same watan, the share entered in the register against the name of the deceased watandar shall-- (a) if there is only one remaining representative watandar of the same watan who is descended from the same original watandar as the deceased, pass to that remaining representative watandar, (b) if there are more than one such remaining representative watandars, be divided among such remaining representative watandars in proportion to their shares and the register shall be corrected accordingly: (3) 2[if any person shall by production of a decree] of a competent Court, satisfy the Collector that he is entitled to have his name.....
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 49
Title: Cases Where Collector, Instead of the Representative Watandar, Shall Appoint a Deputy
State: Maharashtra
Year: 1874
.....with any requisition of the Collector to serve in person or to appoint a deputy under section 42, 43, 47 or 48, within two months from the date thereof; (d) where the first person nominated by the representative watandar is rejected under section 45, and the second person nominated is also rejected under that section; (e) where the representative watandar declines to appoint a person as his deputy in accordance with section 53; (f) where a deputy appointed by the Collector under any of the above clauses dies or resigns.] ______________ 1. Sections 46, 47, 48 and 49 was 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 Pargana and Kulkarni Watans (Abolition) Act, 1950, (Maharashtra) Section 7
Title: Compensation to the Representative Watandar
State: Maharashtra
Year: 1950
.....paid to such representative watandar as compensation and if such watandar dies before the payment of the sum to him, his heir or heirs shall be paid such sum, after deducting therefrom the amount of compensation, if any, received by the representative watandar or his heir or heirs as the case may be, during the period between the appointed day and the date on which the Bombay Land Tenures Abolition (Amendment) Act, 1953, came into force. Explanation. -For the purposes of this section, a deputy or substitute officiating for the representative watandar shall not be entitled to receive such sum.] ______________ 1. Section 7 was substituted for the original by Bom. 38 of 1953. Section 3 and Second Schedule.
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 Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 10
Title: Compensation to Watandar
State: Maharashtra
Year: 1958
A watandar shall, for the abolition of all his rights in the watan be entitled to compensation, equal to the aggregate of the amounts calculated in the manner provided in the following clauses (a), (b) and (c) (a) where the full or a portion of the assessment of the watan land was assigned towards the emoluments of the watandar, seven times the amount equal to the difference between the amount of such assessment or portion and the amount of quit-rent (Judi), if any, payable to the State Government by the watandar; (b) seven times the amount equal to the annual cash allowance or other annual payment of money (not being the rent of land resumed under clause (b) of section 12 of the Bombay Hereditary Offices Act, 1874, or a like provision under any existing watan law), made by the State Government to the watandar under the existing watan law; (c) three times the cash value of the average of the customary fees or perquisites, in money or in kind levied or leviable by the watandar under the existing watan law during the three years immediately preceding the appointed date, such cash value shall be determined in the prescribed manner.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 29
Title: Registration of Head of Eldest Family as Sole Representative Watandar
State: Maharashtra
Year: 1874
1[(1) Where the practice of service in successive periods appears to have existed but is not proved to the satisfaction of the Collector to have existed at the date of the introduction of 2Act No. XI of 1843, or when the practice of selection by the Collector from several families prevails, he shall determine who is the head of the eldest family descended from the original watandar and shall register his name as sole representative watandar. Registration of heads of separate families as representative watandars. (2) In cases where such several families are not descended from a common ancestor, the Collector shall register as representative watandars the heads of such families, and establish the practice of service in successive periods. ______________ 1 As to the local repeal of section 24 to 29 see the Matadars Act, 1887 (Bom. 6 of 1887), section 1 and 3. 2 Act 11 of 1843 was repealed by section 2 of this Act.
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 38
Title: Representative Watandars to Serve for Life or for Fixed Periods of Five or Ten Years
State: Maharashtra
Year: 1874
1[Subject to the provisions of sections 45 and 46, representative watandars shall be entitled to office for the following periods, respectively (namely):-- (a) in cases falling under section 28 or section 29, clause (2), or section 30 or section 31, in which the representative watandars are entitled to office contemporaneously, and in cases falling under section 27 or section 29, clause (1), for life; (b) in cases falling under section 28 or section 29, clause (2), or section 30 or section 31, in which the representative watandars are entitled to office in successive periods. for such period as the Collector shall in each case determine, the same being not less than five nor more than ten years.] _________________ 1. Section 38 was substituted by section 8 of the Bombay Hereditary Offices (Amendment) Act, 1886 (Bom. 5 of 1886). As to the local repeal of section 38, see Bom. 6 of 1887.
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 45
Title: Collector when to Refuse Service of Representative Watandar or of Deputy Nominated by Him
State: Maharashtra
Year: 1874
.....of the Collector incompatible with the due discharge of the duties of the office; 9[(h) has been removed from office or declared to be ineligible for re-employment under section 58 unless his re-employment is expressly sanctioned by the 7[Commissioner]. __________________ 1 Section 45 was substituted by section 9 of the Bombay Hereditary Offices (Amendment) Act, 1886 (Bom. 5 of 1886). 2 As to local repeal of section 45, see Bom. 6 of 1887. 3 The words "the Provincial Government" were substituted for the word "Government" 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. Infra. 6. Clause (ee) was inserted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910). 7. This word was substituted for the words " State Government" by Bom. 8 of 1958 section 3, Sch. 8. This word was substituted for the word " it", ibid. 9. Clause (h) was inserted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910).
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 56
Title: Head of Family when to Be Treated as Watandar
State: Maharashtra
Year: 1874
1[When the hereditary right to perform the duties of an hereditary office as deputies of the original watandar is vested in a family distinct from that of the original watandar, the custom shall be recognized, and the heads of the family entitled to perform the duties shall be registered and treated as representative watandars. _______________ 1. As to local repeal of sections 56 to 58, see Bom. 6 of 1887.
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