The Indian Civil Service (Bengal) Loans Prohibition Regulation, 1793
Bengal Regulation 38 of 1793
[1st May, 1793.]
A regulation for re-enacting, with modifications, such part of the Rule passed on the 27th June, 1787, as prohibits covenanted Civil Servants of the [Government] employed in the administration of justice or the collection of the public revenue lending money to zamindars, independent talukdars or other actual proprietors of land, or dependent talukdars or farmers of land holding farms immediately of Government, or the under-farmers or raiyats of the several descriptions of proprietors and farmers of land above-mentioned, or their respective sureties [* * *].
1. Preamble. - At an early period after the establishment of the British Government in this country the servants of the Company employed in the administration of justice and the collection of revenue were prohibited from lending money to the landholders and farmers, and others concerned in the collection or payment of the revenue, in order to guard against the abuses that the powers with which they were invested would have enabled them to practise, had they been permitted to engage in such transactions with individuals subject to their official control and authority.
This rule was incorporated with the Judicial Regulations passed on the 5th July, 1781, and has since continued in force.
[* * * *]
The rules abovementioned are hereby re-enacted with modifications.
2. Covenanted servants prohibited lending money to proprietors, etc. of land. - The Judges and Magistrates of the Zila [* *] Courts [* * * *] and their Assistants, or other officers being covenanted servants of the [Government], and the Collectors of the revenue and their Assistants, are prohibited lending money, directly or indirectly, to any proprietor or farmer of land, or dependent talukdar, or under-farmer or raiyat, or their sureties; and all such loans as [* * *] may be hereafter made are declared not recoverable in any Court of Judicature.
3 to 6. Europeans possessing land liable to be dispossessed; European mortgagees not to have possession of land; land held by Europeans to be measured; annual statements of land held by Europeans to be sent to Board of Revenue. - Repealed by Act 8 of 1868.