DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0352
294
REGULATION VI.
[A.D. 1795.
be disposed of.
In the case of the
arrears arising from the
their vakeel, delivered into court, shall not allow of the justice of the
demand and shall thereon tender to the court sufficient malzaminy or
security, as well for the sum actually in demand as for such further amount
as may become due from the growing kists during the trial, and condition
to abide by such decree as the court may pass, including all costs and
charges, in case the plaintiff or plaintiffs be cast, the judge shall issue a
written precept addressed to the tehseeldar or collector (according as the
former or the latter may be the defendant), to withdraw the dustuck and
peon from the plaintiff or plaintiffs in the cause. In conformity to the pre-
cept, the defendant shall withdraw his process on the party or parties com-
plaining, and give in his answer, when if no part of the claim shall be found
to be due from the complainant, the judge shall discharge him, and decree
such costs and damages against the tehseeldar or the collector as he may
deem equitable, upon a consideration of the circumstances of the case ; and
the damages so decreed shall be defrayed either by Government or the.
party prosecuted, according to the rules for such cases hereafter laid down
in this Regulation. If only a part of the demand shall appear due, the court
is to discharge the prisoner upon his paying such part. In both cases,
however, the court, previous to releasing the prisoner, shall take good
security from him to perform the final decision in appeal, in the event of
the cause being appealed by the tehseeldar or collector, in consequence of
orders from the Board of Revenue or without their orders. If the tehseel-
dar or collector shall state to the court that an appeal will not be preferred
from the decision, or if an appeal shall not be lodged within the time
limited for preferring appeals to the (Vzzrz! of the judge
shall release the person so confined without taking such security. ^
XVII. jVzVsA At the expiration of the year,.if an arrear shall remain
due from any talookdar or zemindar, or other actual proprietor of land, the
collector is to communicate the amount to the Board of Revenue, accom-
panied by a detailed account of the causes of the failure; when, as far as
regards the lands of proprietors, if the deficiency shall clearly appear to
have proceeded from his or their embezzlement or misappropriation of the
funds arising from the produce, and that there be no immediate prospect of
the party or parties, or his or their sureties, making good the amount, the
Board of Revenue, provided from the communications of the collector it
shall appear to them expedient so to do, and the Governor-General in
Council shall approve of the measure, may authorize the collector to
transfer the rights of the defaulting landholder to such one or more of his
putteedars, or sharers, as shall be able and willing, in consideration of such
transfer, to pay up the balance due to Government. In such case the
defaulter is not to be entirely excluded, but is to retain, as an inferior put-
teedar, such a portion of neej-jote ground as, with the approbation of the
collector, the putteedars iyho may succeed him shall be willing to allow
him to hold, at the established rate of rent payable by the most inferior of
the famiiy putteedars of the same village or talooka; provided, however,
that no putteedar in arrear on account of rent to the defaulter shall be
allowed to take advantage of this option, which the collector is successively
to tender in preference to the others, in proportion to the greater or less
interest they may severally possess in the estate, until one or more of them
accept or they all decline it.
Reg. V. 1800.
See Act 1.
1841.
REGULATION VI.
[A.D. 1795.
be disposed of.
In the case of the
arrears arising from the
their vakeel, delivered into court, shall not allow of the justice of the
demand and shall thereon tender to the court sufficient malzaminy or
security, as well for the sum actually in demand as for such further amount
as may become due from the growing kists during the trial, and condition
to abide by such decree as the court may pass, including all costs and
charges, in case the plaintiff or plaintiffs be cast, the judge shall issue a
written precept addressed to the tehseeldar or collector (according as the
former or the latter may be the defendant), to withdraw the dustuck and
peon from the plaintiff or plaintiffs in the cause. In conformity to the pre-
cept, the defendant shall withdraw his process on the party or parties com-
plaining, and give in his answer, when if no part of the claim shall be found
to be due from the complainant, the judge shall discharge him, and decree
such costs and damages against the tehseeldar or the collector as he may
deem equitable, upon a consideration of the circumstances of the case ; and
the damages so decreed shall be defrayed either by Government or the.
party prosecuted, according to the rules for such cases hereafter laid down
in this Regulation. If only a part of the demand shall appear due, the court
is to discharge the prisoner upon his paying such part. In both cases,
however, the court, previous to releasing the prisoner, shall take good
security from him to perform the final decision in appeal, in the event of
the cause being appealed by the tehseeldar or collector, in consequence of
orders from the Board of Revenue or without their orders. If the tehseel-
dar or collector shall state to the court that an appeal will not be preferred
from the decision, or if an appeal shall not be lodged within the time
limited for preferring appeals to the (Vzzrz! of the judge
shall release the person so confined without taking such security. ^
XVII. jVzVsA At the expiration of the year,.if an arrear shall remain
due from any talookdar or zemindar, or other actual proprietor of land, the
collector is to communicate the amount to the Board of Revenue, accom-
panied by a detailed account of the causes of the failure; when, as far as
regards the lands of proprietors, if the deficiency shall clearly appear to
have proceeded from his or their embezzlement or misappropriation of the
funds arising from the produce, and that there be no immediate prospect of
the party or parties, or his or their sureties, making good the amount, the
Board of Revenue, provided from the communications of the collector it
shall appear to them expedient so to do, and the Governor-General in
Council shall approve of the measure, may authorize the collector to
transfer the rights of the defaulting landholder to such one or more of his
putteedars, or sharers, as shall be able and willing, in consideration of such
transfer, to pay up the balance due to Government. In such case the
defaulter is not to be entirely excluded, but is to retain, as an inferior put-
teedar, such a portion of neej-jote ground as, with the approbation of the
collector, the putteedars iyho may succeed him shall be willing to allow
him to hold, at the established rate of rent payable by the most inferior of
the famiiy putteedars of the same village or talooka; provided, however,
that no putteedar in arrear on account of rent to the defaulter shall be
allowed to take advantage of this option, which the collector is successively
to tender in preference to the others, in proportion to the greater or less
interest they may severally possess in the estate, until one or more of them
accept or they all decline it.
Reg. V. 1800.
See Act 1.
1841.