DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0351
A.D. 1795.]
REGULATION VI.
293
Reg. V. 1800.
Reg V.1800.
See Sec.xxiii.
Reg. V. 1800.
the proprietor or farmer, and such proprietor or farmer shall fall in arrears,
so as to subject himself to be confined under Section XI., and the col-
lector shall be satisfied, from the best information which he may be able
to obtain, that the defaulter is unable to make good the arrears by the
end of the current month, as required in the said section, either from the
collections on account of such year from his estate or farm, or from his
private funds or property, or by a loan, he is directed to suspend the
exercise of the powers vested in him in Section XI. for the confinement
of the defaulter. But the collector is immediately to report the circum-
stances of the case to the Board of Revenue, with his reasons for not pro-
ceeding against the defaulter, and to wait for, and be guided by, the
instructions which he may receive from them.
XIV. In all cases of the default or confinement of parties from whom
revenue may be due, the collector is to issue directions to the tehseeldar
of the district in which the lands of the defaulter may be situated, to levy
the public revenue by realizing, in concert with the serishtadars, the
defaulter s full share of the assessment on the crops to the end of the year,
or until such time as he or bis surety, in case he shall have given security,
shall have paid up the balance, together with the charges of the peons who
may have taken him into custody.
XV. This sequestration of the profits of the party or parties in arrear is
to extend also to the profits of all those of the brethren or putteedars,
whose names may be inserted in the pottah of Government, and who shall
have executed the corresponding cabooleat ; without, however, infringing
the rights of the inferior putteedars or sharers, or in talookas, of the
dependent village zemindars or under-renters, or in any case, or under any
description of tenure, of the common ryots, from whom the collections are
to be made by the tehseeldar according to their engagements with the
defaulter of defaulters ; or where no such engagements exist, according
to the established rules and usages of the village or talooka ; and in addi-
tion to the accounts to be kept by the serishtadars, the defaulter may
appoint a person to keep a counterpart of the accounts of the receipts and
disbursements.
XVI. All complaints for any breach of the rules contained in the pre-
ceding sections, either by direct infraction of them or by unnecessary
severity in the execution of them, are declared cognizable in the City and
Zillah Courts, to which any of the parties may apply at all times, either in
person or by vakeel. In such cases, the judge is to cause the collector or
tehseeldar (according as the act complained of may have been done by the
former or the latter) to be immediately served with a copy of the complaint,
fixing a date, according to the distance of plaqe, for the party complained
against to deliver in his answer. On the receipt of such copy and notice,
the collector or tehseeldar, respectively, within the period limited in the
notice, shall give in his answer to the court, stating therein the amount in
demand from the party or parties on whom the dustuck shall have been
issued ; and if the said party or parties shall not thereon dispute the justice
of the demand, the judge shall stop all further proceedings in the cause.
On the contrary, if the plaintiff or plaintiffs, in their replication or that of
Precautions to be
taken for the security
continement of a pro-
prietor or farmer of
iand.
iected, on Govern-
ment's proceeding to
reaiize the demands of
of it.
REGULATION VI.
293
Reg. V. 1800.
Reg V.1800.
See Sec.xxiii.
Reg. V. 1800.
the proprietor or farmer, and such proprietor or farmer shall fall in arrears,
so as to subject himself to be confined under Section XI., and the col-
lector shall be satisfied, from the best information which he may be able
to obtain, that the defaulter is unable to make good the arrears by the
end of the current month, as required in the said section, either from the
collections on account of such year from his estate or farm, or from his
private funds or property, or by a loan, he is directed to suspend the
exercise of the powers vested in him in Section XI. for the confinement
of the defaulter. But the collector is immediately to report the circum-
stances of the case to the Board of Revenue, with his reasons for not pro-
ceeding against the defaulter, and to wait for, and be guided by, the
instructions which he may receive from them.
XIV. In all cases of the default or confinement of parties from whom
revenue may be due, the collector is to issue directions to the tehseeldar
of the district in which the lands of the defaulter may be situated, to levy
the public revenue by realizing, in concert with the serishtadars, the
defaulter s full share of the assessment on the crops to the end of the year,
or until such time as he or bis surety, in case he shall have given security,
shall have paid up the balance, together with the charges of the peons who
may have taken him into custody.
XV. This sequestration of the profits of the party or parties in arrear is
to extend also to the profits of all those of the brethren or putteedars,
whose names may be inserted in the pottah of Government, and who shall
have executed the corresponding cabooleat ; without, however, infringing
the rights of the inferior putteedars or sharers, or in talookas, of the
dependent village zemindars or under-renters, or in any case, or under any
description of tenure, of the common ryots, from whom the collections are
to be made by the tehseeldar according to their engagements with the
defaulter of defaulters ; or where no such engagements exist, according
to the established rules and usages of the village or talooka ; and in addi-
tion to the accounts to be kept by the serishtadars, the defaulter may
appoint a person to keep a counterpart of the accounts of the receipts and
disbursements.
XVI. All complaints for any breach of the rules contained in the pre-
ceding sections, either by direct infraction of them or by unnecessary
severity in the execution of them, are declared cognizable in the City and
Zillah Courts, to which any of the parties may apply at all times, either in
person or by vakeel. In such cases, the judge is to cause the collector or
tehseeldar (according as the act complained of may have been done by the
former or the latter) to be immediately served with a copy of the complaint,
fixing a date, according to the distance of plaqe, for the party complained
against to deliver in his answer. On the receipt of such copy and notice,
the collector or tehseeldar, respectively, within the period limited in the
notice, shall give in his answer to the court, stating therein the amount in
demand from the party or parties on whom the dustuck shall have been
issued ; and if the said party or parties shall not thereon dispute the justice
of the demand, the judge shall stop all further proceedings in the cause.
On the contrary, if the plaintiff or plaintiffs, in their replication or that of
Precautions to be
taken for the security
continement of a pro-
prietor or farmer of
iand.
iected, on Govern-
ment's proceeding to
reaiize the demands of
of it.