THE
BENGAL KANUNGOS AND PATWARIS REGULATION, 1819
PREAMBLE
A Regulation [***][1] for re-establishing
Kanungos and re-forming the office of Patwari throughout the Province of
Bengal; and for explaining and modifying certain parts of Regulation 12,1817.
Regulation - 1.to 3.
[*****][2]
Regulation - 4. Appointment of Kanungos throughout Bengal.?
First Kanungos shall be appointed throughout the [3] [State
of Bengal in the same manner, and for the performance of the same duties, as
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 [4]
[State] of Bengal.
Regulation 12 of 1817 extended.?
Second The provisions of Regulation 12,18,17, are in like manner
hereby extended to the several districts of the said [5] [State]
to which they have not yet been applied.
Nomination
of 'Kanungos' by person other than Collectors.?
Third 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 [6]
[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 [7]
[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
Regulation applicable to that branch of the public service.
Power to
suspend operation of Rules regarding Kanungos and patwaris.?
Fourth?Provided further that it shall be competent to the[8] [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.
Board of
Revenue may alter duties of Kanungos.?
Fifth Provided likewise that it shall be competent to the Board
of Revenue][9] or other authority
exercising the powers of that Board][10] to
make such alteration in the duties to be performed by Kanungos as local
circumstances shall suggest [*****][11]
And
suspend operation of Regulation 12, 1817 in certain places?
Sixth Provided also that it shall be competent to
the Board of Revenue][12] to
suspend by proclamation the operation of the rules of Regulation 12,1817, in
the district of Chittagong**][13] 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 Section 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.
Regulation - 5.Collector may nominate and appoint patwari in certain cases.?
1.
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 engagement, it shall be competent to the
Collector][14], with the approval of the
Board of Revenue[15] or other authority
exercising the powers of that Board,][16]
to assume the direct nomination and appointment of such patwari, with or
without a reference to the proprietors.
2.
But in all such cases the Collector][17] shall
deviate as little as possible from established usage, and shall be careful to
consult the inclinations, and maintain the interests, of all persons connected
with the mahals in question.
Regulation - 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,][18]
it shall be competent to the Collector][19] or
other officer aforesaid, with the approval of the Board of Revenue][20] or
other authority exercising the powers of that Board][21] 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.
Regulation - 7.Penalty for unauthorized removal, etc., of patwari.?
The penalties prescribed in
Section 31, 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.
[1] The
words "for replacing the districts of Dinagpur and Rangpur under the
management of the Board of Revenue; for extending the authority of the Board of
Commissioners in Bihar and Banaras to the district of Gorakhpur" repealed
by Act 12 of 1891.
[2] Sections 1 to 3 repealed by Act 12 of 1873.
[3] Substituted by A.L.O.
[4] Substituted by A.L.O.
[5] Substituted by A.L.O.
[6] Substituted by A.L.O.
[7] Substituted by A.L.O.
[8] Substituted by A.L.O.
[9] See the B. and O. Board of Revenue Act, 1913.
[10] See the B. and O. Board of Revenue Act, 1913.
[11] The
Words, 'anything in Section 7, Regulation 4 of 1808, and other corresponding
enactments, to the contrary, notwithstanding', repealed by Act 12 of 1891.
[12] See the B. and O. Board of Revenue Act, 1913.
[13] The words "and Sylhet" repealed by Act 1 of
1903.
[14] See the Bengal Land Revenue Settlement Regulation, 1822,
Section 35.
[15] See the B. and O. Board of Revenue Act, 1913.
[16] The words "for replacing the districts of Dinagpur
and Rangpur under the management of the Board of Revenue; for extending the
authority of the Board of Commissioners in Bihar and Banaras to the district of
Gorakhpur" repealed by Act 12 of 1891.
[17] See the Bengal Land Revenue Settlement Regulation, 1822,
Section 35.
[18] ?See the B. and O.
Board of Revenue Act, 1913.
[19] See the Bengal Land Revenue Settlement Regulation, 1822,
Section 35.
[20] ?See the B. and O.
Board of Revenue Act, 1913.
[21] The words "for replacing the districts of Dinagpur
and Rangpur under the management of the Board of Revenue; for extending the
authority of the Board of Commissioners in Bihar and Banaras to the district of
Gorakhpur" repealed by Act 12 of 1891.