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Prohibition of alienation of
"5(1). Without the sanction of watan and watan rights.
Government it shall not be competent: (a) to a watandár to mortgage, charge, alienate or lease, for a
period beyond the term of his natural life, any watan, or any part thereof, or any interest therein, to or for the benefit
any person who is not a watandár of the same watan ; (b) to a representative watandár, to mortgage, charge, lease or
alienate any right with which he is invested, as such, under
this Act. “(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.” 2. Every female member of a watan family other than the widow of
the last male owner, and every person claimFemale members to be post
ing through a female, shall be postponed, in poned.
the order of succession to any watan, or part thereof, or interest therein, 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.
The interest of a widow in any watan or Widow's interest.
part thereof shall be for the term of her life or until her marriage only.
3. In section 10 of the said Act the Amendment of section 10.
words “ or may pass” shall be inserted after the words “ or have so passed.''
Xv1/98 1.211 Repeal of portion of section 11.
4. The last portion of section. Il of the said Act commencing with the words and shall either” is repeated.
New section added after sec
5. After section 11 of the said Act the tion 11.
following section shall be inserted, namely: “112. The Collector shall either summarily resume possession of all
property to which an order of a court passed Resumption of property to on receipt of his certificate under section 10, which an order made under section 10 or 11 applies.
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.”
6. In section 30 of the said Act the word Amendment of section 30.
“officiators” shall be substituted for the word « sharers.”
7. In section 35 of the said Act the Amendment of section 35.
words "notice or” shall be inserted after the word "which."
8. For section 38 of the said Act the folAmendment of section 38.
lowing section shall be substituted (namely):
“38. Subject to the provisions of Representative watandárs to serve for life or for fixed periods sections 45 and 46 representative watanof five or ten years.
dárs shall be entitled to office for the following periods, respectively (namely) :
(a) in cases falling under section
28 or section 29, clause 2, or
or section 29, clause 1,
for such period as the section 30 or section 31, in
Collector shall in each case which the
determine, the same being representative watandárs are entitled to
not less than five nor more office in successive periods,
9. For section 45 of the said Act the Amendment of section 45.
following section shall be substituted (namely): “ 45. The Collector shall refuse to accept the service of any repre
sentative watardár or of any person nomiCollector when to refuse service of representative watandár
nated by a representative watandár to be his or of deputy nominated by him. deputy, if such representative watandár or
person : “(a) is under eighteen years of age ; (b) has not passed such educational test, if any, as Government
think fit from time to time to prescribe in this behalf ; “(c) has attained sixty years of age, except when such person's
appointment or continuance in office is specially permitted
by the Collector; " (d) is in the opinion of the Collector disabled by lunacy or
imbecility of mind, or by deafness, blindness, or other
permanent infirmity of body;
than ten years.
“ (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
10. For section 46 of the said Act section 46.
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 Procedure when representative of the reasons set forth in the last preceding watandár or his deputy is unfit to officiate.
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 of the said Act, the word "general” shall Amendment of section 50. be substituted for the word “known.”
New section substituted for
12. For section 53 of the said Act the section 53.
following section shall be substituted (namely): “ 53. Except as is otherwise provided in the last preceding section Deputy must ordinarily be a
and in section 56, and except as the Governor member of the same family as the
in Council shall by a general or special order representative watandár whose from time to time otherwise direct, every duty it is to officiate.
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."
13. For section 60 of the same Act New section substituted for section 60.
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 Government
court not inferior to a court of session of any forfeiture of a watan.
offence in the discharge of his official duties, 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."
14. For section 70 of the said Act New section substituted for section 70
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 Watan records the property of
pursuance of the duties of the office, or by Government.
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.”
16. The following schedule shall be Addition of a new schedule. added to the said Act (namely):
“ SECOND SCHEDULE.
Offences referred to in Section 60.
Description of Offence.
Sections of the Penal Code under which punishable.
(1) Every offence described in Chapter VI. of the Indian Penal Code
121, 121A, 122-124,
124A, 125-130. '" (2) Causing disappearance of evidence of any offence com
mitted or giving false information touching it to screen
imprisonment for ten years
capital, or punishable with transportation or with im-
" (4) Taking gift, &c., to screen an offender from punishment,
if such offender's offence be capital, or punishable with
“(5) Harbouring an offender who has escaped from custody,
or whose apprehension has been ordered, if such
Bombay Act No. VI. of 1886.
THE KARÁCHI PORT TRUST ACT, 1886.
PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 8TH FEBRUARY, 1887.
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