Section 44 in Maharashtra Hereditary Offices Act, 1874
44. [Collector to appoint deputy if watandar fails.]
Rep. Bombay III of 1910.[[45.] [Section 45 was substituted by Section 9 of the Bombay Hereditary Offices (Amendment) Act, 1886 (Bombay 5 of 1886).] Collector when to refuse service of representative watandar or of deputy nominated by him.] - The Collector shall refuse to accept the service of any representative watandar or of any person nominated by a representative watandar to be his deputy, if such representative watandar or person -(a)is under eighteen years of age;(b)has not passed such educational test, if any, as [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] 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;(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,] [Infra.] 1879, to be of general bad character;(ee)[ is considered by the Collector to be unfit for office on the ground that he is a wilful defaulter in respect of and revenue or any sum expressly declared by any law for the time being in force to be recoverable as an arrear of land revenue;] [Clause (ee) was inserted by Section 2 of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910)](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 [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Section 3 Schedule ] is hereby empowered to make if [he] [This word was substituted for the word 'it', ibid.] 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;(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 [Commissioner] [Clauses (h) was inserted by Section 2 of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910).]][[46. Power to remove officiator or deputy or representative watandar who becomes unfit to officiate. - If an officiator at any time becomes unfit to officiate for any of the reasons specified in section 45, the Collector shall remove him from office and, subject to the other provisions of this Part, appoint another officiator.A deputy appointed by a representative watandar may at any time be removed from office by the Collector at the request of the representative watandar, if, in the opinion of the Collector, there are good grounds for such request.] [Sections 46, 47, 48 and 49 were substituted by Section 2 of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910).]][[47. Procedure when representative watandar is rejected or removed. - If a representative watandar whose duty is to officiate is rejected or removed under section 45 or 46, he may, subject to the provisions of section 49, appoint a deputy:Provided that, whenever such representative watandar ceases to be disqualified under section 45, he shall become entitled, if otherwise fit, to serve in person in supersession of any such deputy, or to serve in person or (subject to the provisions of section 42) to appoint a deputy in supersession of any deputy appointed by the Collector] [Sections 46, 47, 48 and 49 were substituted by Section 2 of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910).].][[48. Procedure when a deputy is rejected or ceases to officiate. - If a deputy dies or resigns, or is rejected or removed by the Collector under section 45 or 46, the representative watandar whose duty it is to officiate may himself if otherwise fit, perform the duties in place of such deputy or, subject to the provisions of sections 42 and 49, appoint another deputy] [Sections 46, 47, 48 and 49 were substituted by Section 2 of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910).].][[49. Cases where Collector, instead of the representative watandar, shall appoint a deputy. - The Collector, instead of the representative watandar whose duty it is to officiate, shall himself appoint a deputy in any of the following cases:-(a)where the representative watandar is disabled by lunacy or imbecility of mind from appointing a deputy;(b)where the representative watandar is disqualified under clause (e), (f) or (h) of section 45, whether or not he was a representative watandar at the time of his incurring such disqualification;(c)where the representative watandar fails to comply 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].]
