THE BENGAL KANUNGOS REGULATION, 1816
][1]
PREAMBLE
A Regulation for establishing the
office of Kanungo in the district Of Cuttack, the pargana of Pataspur, and the
several parganas dependent on it.[2]
Regulation - 1.Preamble.?
Whereas the establishment of the
office of kanungo in the district of Cuttack, the paragna of Pataspur and its
dependencies[3] may be expected to be of
great public benefit in removing the obstacles which have hitherto impeded the
revision of the settlement of the district and parganas abovementioned[4] and
in otherwise facilitating the collection of the public revenue and the
administration of justice; the following Rules have been enacted [* * * *][5]
Regulation - 2.Appointment of Kanungos.?
One or two persons shall be
appointed to fill the office of kanungo in every pargana of the district of
Cuttack, in the pargana of Pataspur, and in the several parganas dependent on
it,[6] unless
the small extent of a pargana shall render it advisable to place more than one
pargana under the same kanungo.
[7] [* * * *
*]
Regulation - 4.Office of Kanungo not hereditary.?
The office of Kanungo is declared
not to be hereditary but; in all parganas in which persons may be found who
formerly discharge the duties of Kanungo, the officers to be appointed under
the Regulation shall, as far as practiable, be selected from them; and in
supplying future vacancies the Collectors][8]
or other persons responsible for making the appointments] shall make it a Rule,
in all practicable cases, to select from the families of the kanungos such
persons as from character, education and acquirements shall be best qualified
to perform the duty.
Regulation - 5.Salaries of Kanungos.?
The Kanungos appointed under this
Regulation shall receive such salaries as the [9]
[State] Government may think proper to fix for their support.
The salaries so granted shall be
considered to preclude all claims to further pecuniary allowances, under the
denomination of nankar, or any other denomination.
Revenue of lands held by Kanungos
liable to resumption?
1.
it is also hereby declared that the Revenue of all lands, the
grant of which may be found to have been obtained by any person in virtue of
his discharging the duties of Kanungos, and will be liable to resumption by the [10]
[Government]; and that this Rule shall be considered applicable both to the
persons who may be appointed to the office of Kanungo under the present
Regulation, and to those who may not be employed in the public service.
2.
Nothing, however, contained in this provision shall be construed
to preclude the [11]
[State] Government from continuing to either of those classes of persons the
whole or a part of the lands held by them respectively free of assessment, in
those cases in which the circumstances of the parties may appear to require
that indulgence.
Regulation - 6.Exception.?
The above Rule is not to preclude
claims to rent-fee lands or pensions held by the Kanungos under grants made to
the individuals for reasons unconnected with the office of Kanungo.
Regulation - 7.Duties of Kanungos.?
The kanungos are to execute the
duties herein specified?
1.
First.?To keep a counterpart
Jama-wasil-baki or account of the collections made by tahsildars or by Sazawals
from lands held khas or under attachment.
2.
Second.?To keep an account of all lands held
under rent-free tenures, whether the grants be hereditary or
otherwise, and to report to the Collector all escheats of such lands to
the [12] [Government].
3.
Third.?To keep a list of the patwaris in
each village, and a register of pattas granted by the landholder to their
under-tenants.
4.
Fourth.?To keep a register of all transfers
of estates by sale (public or private), mortgage, lease or otherwise, and
to attest such transfers at the request of the parties, without fee or
gratuity, with their official signatures.
5.
Fifth.?To compile information regarding
local boundaries of parganas and estates; the number and names of
villages, articles of produce, rates of rent, rules and customs established in
each parganas; and to furnish at the requisition of the Courts of Justice and
of the Collectors, all local information within their cognizance.
6.
Sixth.?To assist at all admeasurements of
land, whether undertaken by the officers of the [13] [Government]
in conformity to the Regulations, or by the land?holders or raiyats, and to
record the same.
7.
Seventh.?To prepare and keep the information
and accounts directed in this or any future Regulation, in such manner and form
as may be from time to time prescribed by the Board of Revenue.[14]
8.
Eighth.?-To report to the
Collector the death of a malguzar and the name of his heirs, and to keep a
register of all successions to lands.
Regulation - 8.Kanungos not to hold farms or become sureties.?
Persons who may be selected to
fill the office of Kanungo are hereby prohibited from holding farms, or from
becoming sureties for farmers or zamindars, within the local limits of their
official duties.
Regulation - 9.Transfer of records to successors.?
On the death, resignation or
removal of a Kanungo the records of the office are to be made over to his
successor, and the Magistrate of the zila is enjoined, on the application of
the Collector, to interpose his authority, in all cases in which it may be
necessary to enforce the surrender of such records.
Regulation - 10.Punishment on refusal to give them up.?
The refusal or manifest evasion
of any person in possession of the records mentioned in the preceding Section
to deliver them up on the requisition of the Magistrate is hereby declared to
subject the party so offending, on proof thereof, to the penalties prescribed
[* *][15].
for resistance to the process of the Magistrate.
Regulation - 11.Right of Government to vary number of Kanungos.?
Nothing contained in this
Regulation shall be construed to preclude the [16]
[State] Government from exercising the right of decreasing the number of
Kanungos; of abolishing the office in any pargana wherefrom local circumstances
the duty may be performed by less than two persons or by the Kanungos in a
neighbouring pargana; nor from exercising the right to increasing the number of
Kanungos in any pargana where from circumstances more than two may be found
necessary.
Regulation - 12.Collectors to report when variations are necessary.?
The Collectors of Cuttack and
Hijli are enjoined to report to the [17]
[State] Government, through the usual channel, all instances wherein they may
deem it expedient to increase or diminish number of kanungos in a pargana with
their reasons at large for such opinion.
[1] Short title given by Act 1 of 1908, Sch. I.
[2] ?The word printed in
italics are obsolete, this Regulation hating been extended to the whole of the
former province of Bengal by the Bengal Kanungos and Patwaris Regulations, 1819
Section 4(1).
[3] Short title given by Act 1 of 1908, Sch. I.
[4] ?The word printed in
italics are obsolete, this Regulation hating been extended to the whole of the
former province of Bengal by the Bengal Kanungos and Patwaris Regulations, 1819
Section 4(1).
[5] The commencement clause repealed by Act 15 of 1874.
[6] The word printed in italics are obsolete, this Regulation
hating been extended to the whole of the former province of Bengal by the
Bengal Kanungos and Patwaris Regulations, 1819 Section 4(1).
[7] Section Repealed by A. O.
[8] Inserted by A. O.
[9] Substituted by ALO.
[10] Substituted by A. L. O. for the word "Crown".
[11] Substituted by A. L. O.
[12] Substituted by A. L. O.
[13] The
word printed in italics are obsolete, this Regulation hating been extended to
the whole of the former province of Bengal by the Bengal Kanungos and Patwaris
Regulations, 1819 Section 4(1).
[14] ?See the B and O
Board of Revenue Act, 1913.
[15] The Words "by the Regulation" repealed by Act 1
of 1903.
[16] Substituted by A. L. O.
[17] Substituted by A. L. O.