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State of Maharashtra - Section

Section 6 in Maharashtra Hereditary Offices Act, 1874

6. Collector may institute legal proceedings for the protection of a watan.

(1)In any case in which it shall appear to the Collector that the institution of legal proceedings is requisite or desirable with respect to any watan, or the estate, property, funds or affairs thereof, the Collector shall certify such case in writing under his hand to the [* * *] [The word 'Revenue' was repealed by the Bombay General Clauses Act, 1886 [Bombay 3 of 1886], Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904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).] [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Section 3 Schedule.], together with such statement and particulars as in his opinion may be requisite or proper for the explanation of such case, and thereupon the [said Commissioner] [These words were substituted for the words 'State Government' by Bombay 8 of 1958.], if upon consideration of the circumstances [he thinks fit] [These words were substituted for the words 'it thinks fit' by Bombay 8 of 1958. Section 3 Schedule.], shall authorize the Collector to institute and prosecute in the name of the Collector such legal proceedings as may appear requisite or proper for the protection of the watan, its estates, property, funds or affairs, by suit or petition in any Civil Court having jurisdiction in the matter. The cost of such proceedings, unless recovered from the opposite party, shall be paid out of the funds of the watan.Collector may proceed under sections 8 to 11, or 13. - (2) The Collector may, if he thinks fit, proceed as provided in sections 8, 9, 10, 11 or 13 [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886).] in lieu of instituting or prosecuting legal proceedings under this section.