Section 73 in Maharashtra Hereditary Offices Act, 1874
73. [ Orders under Parts III, V, VI and VII to be passed after investigation in writing.] [As to local repeals of parts of section 73, see Bombay 6 of 1887.] - (1) Except as hereinafter provided in clause 2 of this section, no order under Part III [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] directing commutation of a watan, or under Part V [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] assigning the remuneration of officiators, or under Part VI [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] determining the custom of the watan as to service and what persons should be registered as head of families or representative watandars, or under Part VII [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] determining the periods of service, shall be passed, unless after an investigation recorded in writing and a proper opportunity afforded for the hearing of claims and the production of evidence.
In each such investigation, and in removals from office under section 58 [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] the Collector or other officer shall record his decision with the reasons therefore in his own handwriting.Certain decisions passed since 1866 to be accepted in lieu of fresh investigation. - (2) Unless the [[State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] shall otherwise direct, decisions passed subsequently to the year 1866 after an investigation recorded in writing and after a proper opportunity had been afforded for the hearing of claims and the production of evidence, and which are recorded, with the reasons therefore, in the handwriting of a Collector or his Assistant or Deputy, shall be accepted, in so far as they may not be inconsistent with the provisions [of this Act] [These words were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), and re-inserted by the Amending Act, 1895 (16 of 1895).] in lieu of fresh investigation and decision under this Act for the purpose of framing the register required in section 67 [* * *] [The word 'thereof' was repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] If any details necessary for the said register have not been recorded in any decision of the nature described above, but are forthcoming from the evidence taken in connection with such decision, they may be supplied from such evidence in lieu of fresh investigation for the completion of the register. Such details as may not be forthcoming shall be obtained by such further investigation as the Collector may deem necessary.
