Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

366

REGULATION XXII.

[A.D. 1795.

Further rules for the
guidance of the courts
on this subject.

Penalty for ryots
disposing of the opium
otherwise than to the
contractor,

or the produce of for-
mer years.

Penalty against pur-
chasers.

the penalty, the confis-
cation shall also take
place of the opium of
former years' produce
attempted to be illicitly
sold.

Consequences and
penalty of bringing Be-
harorOudeopiumto
Benares.

illegally disposed of the opium, he shall be subject to the payment of a
fine of four sicca rupees per seer, and the opium shall be seized and con-
fiscated ; or if it cannot be found, the court shall award a hue of ten sicca
rupees per seer.
XMAh " 5iA. The above price of the commodity is to be paid to the
ryots in full, without any deduction being- made by the ofhcers of the
contractor for tulbana, batta, aret, interest, or on any other plea or pretext
whatsoever, under the penalty of the contractors being subject, on proof
of any such deductions or exactions, to pay a fine of three times the
amount of them."
LVI. AYY*^. On the 18th of May, 1790, the judge of the Moolky
Dewanny Adawlut having submitted certain queries, respecting the
opium contract, the resident furnished him with the following instructions,
as appearing to him consistent with the spirit of the conditions of the
contract.
In the event of a ryot selling the crude opium to any person
excepting the contractor, such ryot, although the opium thus sold should
be above or exclusive of the hoot, or quantity estimated to be deliverable,
under Clause Third, Section LV. is to incur a penalty of four rupees per
seer in addition to the confiscation of the opium, or if the opium cannot
be seized, ten rupees per seer.
jT/LW. For opium the produce of former years, sold otherwise than to
the contractor, a fine of three hundred and seventy-five rupees per maund
is to be levied from the seller, according to the proclamation published by
the Governor-General in Council on the 19th of February, 1790.
Persons buying any quantity of opium from the growers, or
otherwise than from the contractors, are to be liable to the payment of a
fine of three hundred and seventy-five rupees per maund.
AY/%. These instructions were approved by the Governor-General in
Council on the 28th of May, 1790, and were accordingly circulated for
the guidance of the other courts.
LVII. On the 24th of May, 1790, on a further query from the judge of
the Moolky Dewanny Adawlut, the resident informed him that the penalty
for dealing in opium the produce of former years, as specified in
Clause Third, Section LVI. was to extend only to the fine therein speci-
fied, and not to the confiscation of the opium. But on this answer being-
submitted to the Governor-General in Council, he determined on the
2nd of June, 1790, that the opium therein described should be confiscated,
in addition to the exaction of the penalty, and the several courts were
advised accordingly.
LVIII. AY/'^k On the 17th of June, 1790, the resident transmitted the
following answers to certain questions submitted to him by the judge of
the Adawlut at Ghazeepoor.
" That in the event of opium, the produce of the dominions of
the Nawaub Vizier, being seized in the zemindarry of Benares, and the
owner pleading ignorance of the Regulations existing against its importa-
tion, he shall be permitted to retain it, on entering into good security that
he will not dispose of it in tlie zemindarry excepting to the contractor;