The Bengal Land-Revenue (Assistant Collectors) Regulation, 1821
(Bengal Regulation 4 of 1821)
[Dated 19th January, 1821]
A Regulation [* * * *] for explaining the duties of an Assistant Collector of Revenue, and for defining the duties and powers vested in Assistant Collectors or other officers appointed to the charge of the revenues of parganas or other local divisions, or employed in the performance of any portion of the functions ordinarily belonging to the Collectors of land-revenue.
1. Preamble. - [* * *] Whereas it is expedient to explain the duties which may be performed by the Assistant to the Collectors of revenue, and to define the duties and powers vested in Assistant Collectors or other officers when appointed to the charge of the revenues of parganas or other local divisions, or when employed in the performance of any portion of the functions ordinarily belonging to Collectors of the land-revenue;
the following rules have been enacted, to be in force from the date of their promulgation throughout the territories subject to the [Presidency of Fort William.]
2. & 3. [Repealed by Act 12 of 1873].
4. to 6. [Repealed by Act 12 of 1876].
7. Institution of suit in zila Court for pubic recovery of revenue. - In the institution of suits, for the recovery of the public revenue, or in any case in which the institution of a suit by the [Collector] in the zila [* * *] courts is authorized or directed [by law], a Magistrate or joint Magistrate or Assistant to a Magistrate, employed in the collection of the revenue, not being himself in charge of the office of Judge of a zila [* * *] Courts, shall proceed according to [the law for the time being in force] for the guidance of the [Collectors] under similar circumstances.
8. Power to alter limits of collectorships, and number of officers employed as Collectors. - First. - [It] is hereby declared and enacted that it is and shall be lawful for the [State] Government to cause such alternations to be made in the limits of the several collectorship, and in the number of the officers employed as Collectors of land-revenue, as may from time to time appear expedient, as well as to vest such officers, being covenanted servants [* * * *] with authority to exercise the whole or any part of the functions ordinarily exercised by Collectors of land-revenue in such mahal or mahals belonging to such district or districts as may from time to time be deemed expedient, and any officers so employed shall perform their prescribed duties in the same manner, and subject to the same conditions and liabilities, as attached to Collectors of land-revenue in regard to such duties.
Power to depute subordinate officer to perform Collector's duties. - Second - It shall also be competent to the Board of Revenue or other authority exercising the powers of the [Board] to depute any of the officers subordinate to their authority to exercise and perform all or any of the powers and duties ordinarily vested in Collectors of land-revenue within such local limits as they may judge expedient:
Provided, however, that in ail such cases the Board or other authority aforesaid shall on the day in which they may depute any officer as aforesaid or as soon after as practicable, report their having done so far the information and orders of the [State] Government.
Power of Collectors to delegate part of their assistants. - Third. - The [Collectors] or revenue are hereby authorized, with the sanction of the Board of [Revenue] [* * *] to delegate to their Assistants any part of their prescribed duties which, from the extent of their general business or other cause, they may be unable to give due attention to themselves:
Provided always that in the event of a [Collector] deputing his Assistant to make local inquiries, or for any other purpose connected with the collection of the public revenue, he shall immediately report the same for the information and orders of the Board of Revenue [* * *] to which he may be subordinate
[Clause Fourth repealed by Act 12 of 1873].
Assistants, etc., to be guided by Regulations, responsible for performance of duties and amenable to Civil Courts. - Fifth. - Assistants or other officers exercising the power of Collectors of, revenue, or any portion thereof, under the provisions of this Regulation shall be guided in every respect [by the law] which have been or may be enacted for the management and collection of the revenue, as far as the same may be applicable to the duties committed to them respectively, and shall be considered responsible for the due performance of the duties entrusted to them, and shall be amenable to the Civil Courts of Judicature for any acts done by them in their official capacity, in opposition [to law], in the same manner, and under the same Rules, as the Collectors of revenue.