DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0069
A.D. 1793.]
REGULATION II.
11
See Reg. VII.
1822.
Modified by
Reg. V. 1804.
See Act XXI.
1837.
can -be expected to be effected. Government must divest itself of the
power of infringing, in its executive capacity, the rights and privileges
which, as exercising the legislative authority, it has conferred on the land-
holders. The revenue* officers must be deprived of their judicial powers.
All financial claims of the public, when disputed under the Regulations,
must be subjected to the cognizance of courts of judicature, superin-
tended by judges who, Rom their official situations and the nature of
their trusts, shall not 'only be wholly uninterested in the result of their
decisions, but bound to decide impartially between the public and the
proprietors of land, and also between the latter and their tenants.
The collectors of the revenue must not only be divested of the power of
deciding upon their own acts, but rendered amenable for them to the
courts of judicature, and collect the public dues subject to a personal
prosecution for every exaction exceeding the amount which they are
authorized to demand on behalf of the public, and for every deviation
from the Regulations prescribed for the collection of it. No power will
then exist in the country, by which the rights vested in the landholders
by the Regulations can be infringed or the value of landed property
affected. Land must, in consequence, become the most desirable of all
property, and the industry of the people will be directed to those improve-
ments in agriculture, which are as essential to their own welfare as to the
prosperity of the state. The following rules, being the rules passed for
the guidance of the collectors and the Board of Revenue, on the 8th
June, 1787, and the 25th April, 1788, with alterations adapted to the
principles above stated, have been accordingly enacted.
II. From the 1st May, 1793, the courts of Maal Adawlut, or revenue
courts, shall be abolished, and the trial of the suits which were cognizable
in those courts, as well as all judicial powers whatsoever heretofore vested
in the collectors of the revenue or in the Board of Revenue collectively,
as a court of appeal, or in any member of that board individually, shall be
transferred to the courts of Dewanny Adawlut.
III. The collection of the revenue payable to Government from the
estates in each zillah is to be committed, as heretofore, to a civil cove-
nanted servant of the Company, who is to be styled collector of the
revenue of the zillah to which he may be appointed. Previous to enter-
ing upon the execution of the duties of his office, he is to take the oath
prescribed by Act of Parliament for servants of the Company employed
in the management or collection of the revenue, before one of the judges
(g)f the Supreme Court of Judicature.
IV. The collectors are to correspond with the Board of Revenue, and
to conform to all instructions with which they have been furnished by that
board, and that are or may not be altered or revoked by this or any other
Regulation published in the manner directed in Regulation XLI. 1793,
and also to all instructions which the Board of Revenue may hereafter
transmit to them.
V. The .collectors of the several zillahs are to use a circular seal, one
inch and a half in diameter. The seals of the collectors in Bengal and
c 2
Courts of Maal
Adawlut abolished from
the 1st May, 1793, and
Collection of the land
revenue to be commit-
ted to civil covenanted
servants of the Com-
pany.
Oath to be taken by
collectors.
Collectors to corre-
spond with and obey all
orders from the Board
of Revenue.
Seals of the collec-
tors.
REGULATION II.
11
See Reg. VII.
1822.
Modified by
Reg. V. 1804.
See Act XXI.
1837.
can -be expected to be effected. Government must divest itself of the
power of infringing, in its executive capacity, the rights and privileges
which, as exercising the legislative authority, it has conferred on the land-
holders. The revenue* officers must be deprived of their judicial powers.
All financial claims of the public, when disputed under the Regulations,
must be subjected to the cognizance of courts of judicature, superin-
tended by judges who, Rom their official situations and the nature of
their trusts, shall not 'only be wholly uninterested in the result of their
decisions, but bound to decide impartially between the public and the
proprietors of land, and also between the latter and their tenants.
The collectors of the revenue must not only be divested of the power of
deciding upon their own acts, but rendered amenable for them to the
courts of judicature, and collect the public dues subject to a personal
prosecution for every exaction exceeding the amount which they are
authorized to demand on behalf of the public, and for every deviation
from the Regulations prescribed for the collection of it. No power will
then exist in the country, by which the rights vested in the landholders
by the Regulations can be infringed or the value of landed property
affected. Land must, in consequence, become the most desirable of all
property, and the industry of the people will be directed to those improve-
ments in agriculture, which are as essential to their own welfare as to the
prosperity of the state. The following rules, being the rules passed for
the guidance of the collectors and the Board of Revenue, on the 8th
June, 1787, and the 25th April, 1788, with alterations adapted to the
principles above stated, have been accordingly enacted.
II. From the 1st May, 1793, the courts of Maal Adawlut, or revenue
courts, shall be abolished, and the trial of the suits which were cognizable
in those courts, as well as all judicial powers whatsoever heretofore vested
in the collectors of the revenue or in the Board of Revenue collectively,
as a court of appeal, or in any member of that board individually, shall be
transferred to the courts of Dewanny Adawlut.
III. The collection of the revenue payable to Government from the
estates in each zillah is to be committed, as heretofore, to a civil cove-
nanted servant of the Company, who is to be styled collector of the
revenue of the zillah to which he may be appointed. Previous to enter-
ing upon the execution of the duties of his office, he is to take the oath
prescribed by Act of Parliament for servants of the Company employed
in the management or collection of the revenue, before one of the judges
(g)f the Supreme Court of Judicature.
IV. The collectors are to correspond with the Board of Revenue, and
to conform to all instructions with which they have been furnished by that
board, and that are or may not be altered or revoked by this or any other
Regulation published in the manner directed in Regulation XLI. 1793,
and also to all instructions which the Board of Revenue may hereafter
transmit to them.
V. The .collectors of the several zillahs are to use a circular seal, one
inch and a half in diameter. The seals of the collectors in Bengal and
c 2
Courts of Maal
Adawlut abolished from
the 1st May, 1793, and
Collection of the land
revenue to be commit-
ted to civil covenanted
servants of the Com-
pany.
Oath to be taken by
collectors.
Collectors to corre-
spond with and obey all
orders from the Board
of Revenue.
Seals of the collec-
tors.