Vidhi Codex

Bare Act

The Bombay Hereditary Offices Act, 1874

General188685 sections

The Bombay Hereditary Offices Act, 1874, is a colonial-era legislation designed to regulate hereditary village offices and the associated land grants, known as "Watans," in the Bombay Presidency. It establishes a framework for managing these offices, which were historically responsible for revenue collection and village administration. The Act defines who qualifies as a "Watandar" (holder of the office), governs the succession of these hereditary rights, and restricts the alienation or sale of Watan property to ensure the continuity of public service. It empowers government officials, specifically the Collector, to oversee appointments, resolve disputes, and ensure that village duties are performed by qualified individuals.

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  1. 2. Repeal of enactments
  2. 3. Act XII of 1876.
  3. 4. Interpretation clause
  4. 5. Prohibition of alienation of watan rights
  5. 6. Government] is conferred upon the watandars by the terms of such settlement or has been acquired by them under the said terms.
  6. 7. Watan property assigned as remuneration not alienable without sanction
  7. 8. Government.
  8. 9. Collector may declare alienation of watan property to be null and void under certain circumstances
  9. 10. The decision of the Collector as to what is the full rent shall be final.
  10. 11. Collector shall declare null and void alienation of watan property made after passing of Act
  11. 11A. Resumption of property to which an order made under section 10 or section 11 applies
  12. 12. Powers of Collector to carry out provisions of sections 8, 9 and
  13. 13. Watan assigned as remuneration not liable to process of any Civil Court
  14. 14. Combination of hereditary offices
  15. 15. Act XVI of 1895.
  16. 16. Rights of individuals to exact customary service from village servants not affected
  17. 17. Government] of liability to perform such service to the State.
  18. 18. Appointment of Panchayat to define rights and duties of certain classes of watandars
  19. 19. The decision of the panchayat or of the Collector, as above provided, shall be final and binding on all persons or classes whose rights, duties or liabilities have been submitted to such decision.
  20. 20. Validity of settlements made prior to passing of Act
  21. 21. Government,] shall have the same force as if made under this Act.
  22. 22. Creation of new watan
  23. 23. 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 persons as [the [State] Government] may seem fit.
  24. 24. Duties of office to be performed by representative watandars
  25. 25. Determination and registration of representative watandars
  26. 26. Previous practice to be considered in determining who are representative watandars
  27. 27. XI of 1843, and which he considers to be contrary to the custom of the watan.
  28. 28. Registration of heads of families as representative watandars
  29. 29. Registration of head of eldest family as sole representative watandar / Registration of heads of separate families as representative watandars
  30. 30. Registration as representative watandar of head of each family in amalgamated watan
  31. 31. Procedure if heads of families agree as to who are representative watandars
  32. 32. Right of service to remain after relinquishment of watan property
  33. 33. Notice of adoption if heir has been prior to passing of Act
  34. 34. Notice of adoption when heir is adopted after passing of Act
  35. 35. But if such adoption shall subsequently be set aside by decree of a competent Court, the Collector shall remove such name from the register.
  36. 36. Death of representative watandar to be reported; name of heir to be registered
  37. 37. Guardian of minor watandar to perform duties of minor
  38. 38. Representative watandars to serve for life or for fixed periods of five or ten years
  39. 39. Procedure on death of officiator
  40. 40. Election of officiator in rotation watan
  41. 41. Mode of appointment if representative watandars fail to nominate officiator
  42. 42. Representative watandar to perform duties of office
  43. 43. Collector to determine number of officiators required
  44. 44. Collector to appoint deputy if watandar fails
  45. 45. Collector when to refuse service of representative watandar or of deputy nominated by him
  46. 46. Power to remove officiator or deputy or representative watandar who becomes unfit to officiate
  47. 47. Procedure when representative watandar is rejected or removed
  48. 48. Procedure when deputy is rejected or ceases to officiate
  49. 49. Cases where Collector instead of the representative watandar shall appoint a deputy
  50. 50. Collector may nominate deputy if representative watandar is rejected or removed
  51. 51. Female cannot officiate but may nominate deputy
  52. 52. Mamlatdar or Mahalkari to appoint deputy when officiator suspended
  53. 53. Deputy must ordinarily be a member of the same family to which the representative watandar whose duty it is to officiate
  54. 54. Term of appointment of deputy
  55. 55. Officiator if absent or ill may appoint a temporary substitute
  56. 56. Head of family when to be treated as watandar
  57. 57. Punishment of officiators
  58. 58. The order of the Collector shall be final in such cases, except when the penalty is inflicted on an hereditary district officer.
  59. 59. Officiator removed from office ineligible for re-employment
  60. 60. Provincial Government may direct forfeiture of a watan
  61. 61. Such forfeiture may be either absolute or for such period as the [Provincial Government] thinks fit.
  62. 62. Order to be passed after investigation
  63. 63. Application of Part X
  64. 64. Powers granted to Collector
  65. 65. Collector to prepare and keep Register
  66. 66. There shall be one Register of lands and allowances in consideration whereof liability to perform service exists and another of lands and allowances in respect of which no such liability exists.
  67. 67. Government] may from time to time order to be recorded.
  68. 68. Government] may [from time to time] order to be recorded.
  69. 69. Service to be performed by watandars
  70. 70. Watan records the property of [the Government]
  71. 71. Watandars may sign village records
  72. 72. Evidence to be taken
  73. 73. Orders under Part III, V, VI and VII to be passed after hearing in writing
  74. 74. Such details as may not be forthcoming shall be obtained by such further investigation as the Collector may deem necessary.
  75. 75. Mamlatdar may make investigation under Part X
  76. 76. No appeal to lie save where specially provided
  77. 77. Government.
  78. 78. In computing the above periods the time required to prepare a copy of the order or decision appealed against shall be excluded.
  79. 79. State] Government may call for proceedings
  80. 80. Notice how to be served
  81. 81. Recoveries how to be made
  82. 82. State] Government may frame rules
  83. 83. State] Government to determine duties of hereditary officers
  84. 84. Grant of powers to Special Officer
  85. 85. Government] shall from time to time think fit to prescribe, and any order conferring powers and duties under this section may at any time be cancelled by the [[State] Government.

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