Prohibition of alienation of watan and watan rights. "5(1). Without the sanction of Government it shall not be competent: (a) to a watandár to mortgage, charge, alienate or lease, for a "(2). In the case of any watan in respect of which a service commutation settlement has been effected, either under section 15 or before that section came into force, clause (a) of this section shall apply to such watan, unless the right of alienating the watan without the sanction of Government is conferred upon the watandárs by the terms of such settlement or has been acquired by them under the said terms." Female members to be post poned. 2. Every female member of a watan family other than the widow of the last male owner, and ing through a female, shall be postponed, in every person claimthe order of succession to any watan, or part devolving by inheritance after the date when this Act comes into force, to every male member of the family qualified to inherit such watan, or part thereof, or interest therein. thereof, or interest therein, Widow's interest. Amendment of section 10. 49 4.2 Repeal of portion of section 11. • Schi Prii. New section added after section 11. Resumption of property to which an order made under section 10 or 11 applies. "11A. 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." following periods, respectively (namely): (a) in cases falling under section 28 or section 29, clause 2, or Amendment of section 45. for life; for such period as the Collector shall in each case determine, the same being not less than five nor more than ten years. 9. For section 45 of the said Act the following section shall be substituted (namely): "45. The Collector shall refuse to accept the service of any representative watandár or of any person nominated by a representative watandár to be his deputy, if such representative watandár or Collector when to refuse service of representative_watandár or of deputy nominated by him. person: "(a) is under eighteen years of age; (b) has not passed such educational test, if any, as Government (d) is in the opinion of the Collector disabled by lunacy or "(e) has been adjudged by the Collector after a summary inquiry held in accordance with the provisions relating to summary inquiries contained in the Bombay Land Revenue Code, 1879, to be of general bad character; "(f) has been sentenced by a criminal court to imprisonment or whipping for an offence punishable with imprisonment for a term exceeding six months, or to transportation, such sentence not having been subsequently reversed or quashed, and whose disqualification on account of such sentence has not been removed by an order which the Governor in Council is hereby empowered to make, if he shall think fit, in this behalf; '(g) declines to forsake, whilst officiating, some other employment which is in the opinion of the Collector incompatible with the due discharge of the duties of the office." New section substituted for section 46. Procedure when representative watandár or his deputy is unfit to officiate. 10. For section 46 of the said Act the following shall be substituted (namely): "46. If a representative watandár whose duty it is to officiate is, or at any time becomes, unfit to officiate for any of the reasons set forth in the last preceding section, the Collector shall call upon him to appoint a deputy, or if he is disabled by lunacy or imbecility of mind, the Collector shall himself appoint a deputy. "If a deputy so appointed becomes unfit to officiate for any of the. reasons aforesaid, the Collector shall call upon the representative watandár to appoint another, or himself appoint another, as the case may be. "A deputy appointed by a representative watandár may at any time be removed from office by the Collector at the request of the representative watandár, if, in the opinion of the Collector, there are good grounds for such request." 11. In section 50 Amendment of section 50. New section substituted for section 53. Deputy must ordinarily be a member of the same family as the representative watandár whose duty it is to officiate. of the said Act, the word " 12. For section 53 of the said Act the following section shall be substituted (namely): 53. Except as is otherwise provided in the last preceding section and in section 56, and except as the Governor in Council shall by a general or special order from time to time otherwise direct, every deputy appointed under this Act shall be a member of the same family to which the representative watandár whose duty it is to officiate, belongs, if there be a member of such family fit and willing to officiate. "If a representative watandár declines to appoint as his deputy any such person as aforesaid, the appointment shall be made by the Collector." New section substituted for section 60. 13. For section 60 of the same Act the following section shall be substituted (namely): "60. When any representative watandár or any deputy or substitute appointed by him is convicted by a criminal court not inferior to a court of session of any offence in the discharge of his official duties, Government may direct the forfeiture of a watan. or of any of the offences specified in the second schedule or of the abetment of any such offence, and such conviction is not subsequently reversed or quashed, the Governor in Council may direct the forfeiture of the whole or of any part of the watan. Such forfeiture may be either absolute or for such period as the Governor in Council thinks fit." New section substituted for section 70. Watan records the property of Government. 14. For section 70 of the said Act the following section shall be substituted (namely): 70. All records which have been or may be prepared by any watandár or by any officiator in an hereditary office in pursuance of the duties of the office, or by order of a superior officer or of the present or former Government, are hereby declared to be the property of Government, and the Collector may enforce their production or the production of any State records in the possession of a watandár or of an officiator, in accordance with the provisions of sections 25 and 26 of the Bombay Land Revenue Code, 1879." 15. (1) In section 84 of the said Act the following words shall be inserted after the word "purpose," viz., "or, Amendment of section 84. so far as concerns any alienated village, on the holder or on any of the holders of such village or on any agent of the holder of such village." (2) And the following paragraph shall be added to the said section, viz.: "Powers and duties conferred under this section shall be exercised or performed subject to such conditions, if any, in addition to those specified in this Act as the Governor in Council 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 Governor in Council." Addition of a new schedule. 16. The following schedule shall be added to the said Act (namely): "SECOND SCHEDULE. Offences referred to in Section 60. Description of Offence. "(1) Every offence described in Chapter VI. of the Indian Penal Code ... ... ... Sections of the Penal Code under which punishable. ... (2) Causing disappearance of evidence of any offence committed or giving false information touching it to screen the offender, when the offence committed is a capital offence or punishable with transportation for life or imprisonment for ten years "(3) Harbouring an offender, if such offender's offence be capital, or punishable with transportation or with imprisonment for ten years 201. "(4) Taking gift, &c., to screen an offender from punishment, if such offender's offence be capital, or punishable with transportation for life, or with imprisonment for ten years "(5) Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if such offender's offence be capital, or punishable with transportation for life, or with imprisonment for ten years PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 8TH FEBRUARY, 1887. |