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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 (2): Regulations from 1806 to 1834 — London, 1854

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0260
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REGULATION II.

[A.D. 1814.

VIII.1806,rescinded.
Whenever a petition
of complaint may be
preferred against a col-
lector or other person
for acts connected with
his ofhcial duties, the
The Boards, on re-
ceipt of any such peti-
tion, to determine whe-
ther the redress solicited
should be granted di-
rectly by Government,
or whether the com-
plainant should be left
to prosecute his suit in
the regular course of
law.
The Boards how to
act when the party

And how to act in
case the complainant
should be left to pro-
secute the suit in the
regular course oflaw.

lector or any other public odicer amenable for acts connected with his
official duties to the jurisdiction of the Zillah or City Court, the Provincial
Court or Sudder Dewanny Adawlut, the court by which the plaint may be
received shall transmit it to the Governor-General in Council, who after
making such inquiry, through the channel of the Board of Revenue,
Board of Commissioners, Board of Trade, or other public authority, as
may be judged proper, will determine whether the redress solicited shall
be granted by Government, or whether the complainant shall be left to
seek his remedy in the regular course of law, and in the latter case, whe-
ther the suit should be defended on the part of Government as a public
action, or by the person affected by the complaint in his individual capacity :
And whereas inconvenience has been experienced from the delay incident
to that course of proceeding, and from its tendency to multiply references
to the public authorities, the following rules have been enacted, to be in
force from the period of their promulgation throughout the provinces im-
mediately dependent on the presidency of Fort William.
II. Sections II. and III. Regulation VIII. 1806, are hereby rescinded.
III. AWs?!. Whenever a petition of complaint may be preferred against
a collector of the land revenue or customs, % <?0772 772 67'<v%^ r^z&77^, salt
agent,* or opium agent,j* or other person amenable for acts con-
nected with his ofhcial duties, to any Court of Civil Judicature com-
petent to receive and try such cases, the judge or judges of such court
shall transmit the petition so received to the Board of Revenue, Board of
(7o 772773M-yzo72d7'.y, or .Z?o%'7*6? qf according as the person against
whom the complaint may be preferred may be subject to either of those
authorities.
/SCC07Z7. The Board of Revenue, Board of (7o772772M^m72^, or o/
T7YX&, on receipt of any petition of the nature described in the preceding-
clause, shall immediately take the circumstances stated therein into their
consideration, in order to judge whether the redress solicited should be
granted directly by Government, or whether the complainant, should be
left to prosecute his suit in the regular course of law.
7Az7-7. Should the Board of Revenue, Board of 6b7737722&sw72d7'.y, or
Z?o<27'7 qf 7ro&, be of opinion, after making due inquiries on the subject,
either by consulting their own records, or by a reference to the local
authorities, or in any other mode which may be judged advisable, that the
party complaining has been actually aggrieved, and that he is entitled to
redress directly from Government, they shall submit the necessary report
on the subject, accompanied with their opinion as to the nature and extent,
of the relief which should be granted.
Should the Board of Revenue, Board of (7o772772R$m72<f7'.y, 07*
qf Z7'7?&, be of opinion, after making due inquiries on the subject,
that the party complaining should be left to prosecute the case in the
regular course of law, they shall inform the judge or judges of the court
from whom the petition may have been received of the result of their
deliberations on that point; and such communications shall be deemed
sufficient authority for the formal institution and trial of the suit in ques-
tion. The Boards aforesaid shall, at'the same time, determine whether
the suit should be defended by the public officers as an action against

* See See.
xiii. Reg. X.
1819.
t See Sec.
xviii.Reg.XIII.
1816.
 
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