The Bengal Revenue-Officers Regulation, 1794
Bengal Regulation 3 of 1794
[14th March, 1794.]
A Regulation [* * *] for prescribing the process by which tahsildars are to demand payment of arrears; and for enabling the Collectors to recover from [* * *] officers employed under them public [* * *] papers which they may [* * *] retain [* * *].
1 to 11. [Revenue when payable; restriction on confinement for arrears; demand of arrears; sale; penalty on defaulters; recovery of takavi: attachment of lands; resistance to attachment; partial repeal of Regulation XIV of 1793.] - Repealed by the Repealing Act, 1874 (XVI of 1874).
12. [Recovery by proprietors and farmers of land of sums exacted from them beyond their engagements.] - Repealed by the Public Demands Recovery Act, 1880 (Bengal Act VII of 1880).
13. How tahsildars or other public officers are to require payment of arrears from proprietors or farmers paying revenue to them. - When arrears shall become due from proprietors or farmers of land, whose revenue may be made payable to a tahsildar or other officer appointed by [the State Government] to collect it, such officer is to demand the payment of the arrears by the same process as Collectors are required to observe in requiring the discharge of arrears [* * *].
If the defaulter shall not liquidate the arrears by the prescribed period, the tahsildar or other officer is to report the amount of the Collector, who is to proceed to the recovery of it by the same process as he is directed to observe in recovering arrears due from proprietors or farmers paying revenue immediately to the treasury of the zila.
14-15. [Imprisonment under Regulation XIV of 1793; security for personal appearance of Native officers. - Repealed by the Repealing Act, 1874 (XVI of 1874).
16. Collectors how to proceed to recover papers in possession of officers. - If a Collector shall have a claim, on the part of [the State Government], on any of the [* * *] officers described in the preceding section, for [* * *] papers belonging to [the State Government], he is to require [* * *] the delivery of the papers, by a writing under his official seal and signature and the signature of his [* * *] head [* * *] officer of his dafter for the time being specifying [* * *] the particular papers required, and the date and place that may be fixed for the delivery of the [* * *] papers.
If the officer shall not [* * *] deliver up the papers by the limited time, the Collector is empowered to apprehend him, and convey him to the gaol of the Diwani Adalat of the zila, the Judge of which Court shall detain him in confinement until [* * * *] he shall have delivered up the papers.
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In the event of the death of any such officer, the surety is to be exonerated from all responsibility, and the Collector is to proceed against his heirs, by a regular suit in the Court to which they may be amenable, for any claims which [the State Government] may have upon the deceased.
The suit is to be carried on by the vakil of [the State Government] and at the public expense, and the rules in [Regulation XIV, 1793] regarding suits so carried on by the Collectors, are to be held applicable to it.
[17. Collectors how to proceed where officers abscond or are not forthcoming.] - If any such [* * *] officer, who may have retained public [* * *] papers in his possession, shall abscond or not be forthcoming, the Collector may proceed against the surety upon his engagement, or apprehend the offender and commit him to prison, if he be within the limits of the zila; or, if he shall have taken refuge in any other zila [* * *] and the Collector shall deem it necessary to require his personal attendance that he may proceed against him instead of, his surety, the Collector is to apply to the Judge of the zila to request the Judge within whose jurisdiction the officer may be or reside, to cause him to be apprehended.
The Judge to whom the application may be made is to convey the officer in safe custody to the gaol of the zila from which he may have absconded.
[18. Collector how to proceed in case of officer absconding without having adjusted accounts, or not attending for that purpose.] - If a Collector shall have occasion to require any such officer to attend to adjust bis accounts, that the sum due from him may be ascertained, and he shall not attend upon being required by writing to that effect, under the official seal and signature of the Collector to be fixed up in his cutcherry and at the place in the zila at which the officer may have last resided) the Collector is empowered to prepare the most accurate statement, that he may be able, of the [* * *] papers in the possession of such officer, and proceed against the surety, upon his engagement, for the [* * *] papers, in the same manner as if the accounts had been adjusted, and the papers prepared in the presence of the officer;
or he may cause the officer to be apprehended by his own authority under section 16, if he be within the limits of the zila or, if he shall have taken up his abode in any other zila, [* * *] by application to the Judge, in the manner directed in section 17.
If it should afterwards appear, upon inquiry before the Court [* * *] that the papers required were not in his possession, the Collector shall not be liable to pay any damages for having confined him, and all costs that may be incurred in the suit or inquiry shall be paid by the officer.
19. [Officers or sureties confined for money-demand to be released in certain cases.] - Repealed by the Amending Act, 1903 (1 of 1903).
[20. Officers or their sureties may sue Collector whilst in confinement.] - If any such [* * *] officer, or his surety, shall [* * *] be at liberty, whilst in confinement, to sue the Collector by whom he may have been confined, should he deem the demand upon him unjust [* * *].
21.-22. [Appointment of Vakils to defend certain suits; days to be set aside by certain Courts for trial of suits respecting rent or revenue.] - Repealed by the Repealing Act, 1874 (XVI of 1874).