The Bengal Kanungos And Patwaris Regulation, 1819
Bengal Regulation 1 of 1819
[5th February 1819.]
A Regulation [* * *] for re-establishing Kanungos and reforming the officer of Patwari throughout the Province of Bengal; and for explaining and modifying certain parts of Regulation 12, 1817.
1 to 3. Preamble; controlling Revenue-authorities in Dinajpur, Rangpur and Gorakpur. - Repealed by the Repealing Act, 1873 (12 of 1873).
4. First - Appointment of kanungos throughout West Bengal. - Kanungos shall be appointed throughout the [State] of [West Bengal] in the same manner, and for the performance of the same duties, and are prescribed in Regulation 5, 1816, in regard to the district of Cuttack, the pargana of Pataspur and its dependencies; and all the rules contained in the Regulation aforesaid are hereby extended generally to the [State] of [West Bengal].
Second. - Regulation 12 of 1817 extended. - The provisions of Regulation 12, 1817, are in like manner hereby extended to the several districts of the said [State] to which they have not yet been applied.
Third. - Nomination of Kanungos by persons other than Collectors. - Provided, however, that in cases in which it may not appear advisable, from whatever cause, to leave the selection and nomination of the kanungos to the Collector of the district, it shall be competent to the [State Government] to appoint such other officer specially to perform that duty, as [it] may judge expedient; and the officer so appointed shall have and exercise, during such period as the [State Government] may direct, the same powers as are vested generally in Collectors of land-revenue under the provisions of Regulation 5, 1816, and Regulation 12, 1817.
But nothing herein contained shall be construed to preclude the person holding permanently the office of Collector in such district from discharging the ordinary duties of his situation under the general rules and regulations applicable to that branch of the public service.
Fourth. - Power to suspend operation of rules regarding Kanungos and Patwaris. - Provided further that it shall be competent to the [State Government] to suspend the operation of the rules contained in this or any former Regulation, regarding kanungos and patwaris, within any mahals, in which the establishment of such officers, as prescribed in those rules, may appear to be inexpedient.
Fifth. - Board of Revenue may alter duties of Kanungos. - Provided likewise that it shall be competent to the Board of Revenue or other authority exercising the powers of that Board to make such alteration in the duties to be performed by Kanungos as local circumstances shall suggest [* * *]
Sixth. - And suspend operation of Regulation 12, 1817, in certain places. - Provided also that it shall be competent to the Board of revenue to suspend by proclamation the operation of the rules of Regulation 12, 1817, in the districts of Chittagong [* * *] and in any other parts of the country in which individual estates may generally be of inconsiderable extent, until they shall have determined, under the discretion vested in them by sections 3, 18 and 33 of that Regulation, the number of patwaris to be appointed or retained, the mode in which they are to be remunerated and the mahals to be permanently exempted from its general operation.
5. Collector may nominate and appoint patwari in certain cases. - In all cases in which any village or villages, or any lands whatsoever the accounts of which may be kept by a single patwari, shall be held by two or more persons under distinct engagements with Government, it shall be competent to the Collector, with the approval of the Board of Revenue or other authority exercising the powers of that Board, to assume, the direct nomination and appointment of such patwari, with or without a reference to the proprietors.
But in all such cases the Collector shall deviate as little as possible from established usage, and shall be careful to consult the inclination, and maintain the interests, of all persons connected with the mahals in question.
6. Explanation of section 11, Regulation 12, 1817. - In Explanation of section 11, Regulation 12, 1817, it is hereby declared and enacted that, if any proprietor or farmer of land shall refuse or omit to furnish the statement required by section 4 of that Regulation within the period therein prescribed, or at any subsequent period, when called upon to do so by the Collector or other officer exercising the powers of Collector, it shall be competent to the Collector or other officer aforesaid, with the approval of the Board of Revenue or other authority exercising the powers of that Board, to levy a daily fine upon such proprietor or farmer, until the statement required be furnished, to such amount as may appear proper, with reference to the circumstances of the case, and to the condition in life of the offender.
7. Penalty for unauthorized removal, etc., of patwari. - The penalties prescribed in section 13, Regulation 12, 1817, for the illegal removal of a patwari from office, by a zamindar or other proprietor or farmer of land, are hereby declared applicable to all persons whatsoever who may, without due authority, remove from office any patwari duly constituted or appointed; or who may oppose a patwari so appointed or constituted, in the performance of his duties, or who may prevent his performing them, or who may resist or evade the entry of a patwari, when duly appointed into the possession of his office.