Clarke, Richard [Hrsg.]: 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)

664

REGULATION XI.

[A.D. 1822.

prescribed conditions may have been observed, it has appeared desirable
distinctly to vest the Revenne Boards with the power of annulling sales
made by the collectors under their authority, not only in cases in which
they may-appear to have been irregularly conducted by those officers, but
also in cases in which the defaulter may clearly appear to have been
defrauded or deceived by his own agents, or in which the confirmation of
the sale may from any cause appear to be a measure of excessive severity,
or to be otherwise inexpedient or improper: cases also have occurred in
which the revenue officers ofGovernment having been executively employed
in giving effect to orders issued by the Zillah Adawluts, which the deci-
sion of the superior courts has declared to be irregular and illegal,
Government has been held responsible for the acts done by the said
officers in virtue of the orders aforesaid, contrary to the real intent and
meaning of the existing law, and it has therefore become necessary to
declare that Government is not liable for any errors or irregularities in
the proceedings of the Courts of Justice, whether the revenue officers may
or may not be employed in giving effect to the proceeding or order
deemed to be erroneous or irregular. It has further appeared expedient
to make certain other additions and modifications in the Regulations
prescribed for the conduct of the revenue officers. With a view,
therefore, to the above objects, the following rules have been enacted
by the Governor-General in Council, to be in force from the date of their
promulgation throughout the Provinces of Bengal, Behar, Orissa, and
Benares, and in the Ceded and Conquered Provinces, including the dis-
trict of Cuttack.


Further provisions
rescinded.

II. Sections XIII. XXV. XXVI. XXVII. and XXVIII.
Regulation XIV. 1793; Sections XIX. XXIX. XXXII. XXXIII.
XXXIV. Regulation VI. 1795; Regulation V. 1796 ; Section XXVIII.
and Clauses Second, Third, Fourth, and Fifth, Section XXIX. Regula-
tion VII. 1799; Sections III. V. VI. VII. and XI. Regulation 1. 1801;
Sections II. III. IV. V. VI. VII. VIII. IX. X. XI. XIII. XIV.
Regulation XXVI. ; Clause Fifth, Section XVII. and Sections XIX. and
XXIX. Regulation XXVII. 1803, and Regulation XVIII. 1814, are
hereby rescinded.
Regulation XII. 1796, and Regulation V. 1800, in so far as
the same are applicable to public sales for the recovery of arrears of
revenue, together with such parts of Sections III. XXIV. and XXV.
Regulation XIV. 1793; Sections VII. and XXXI. Regulation VI. 1795;
Section XXIII. Regulation VII. 1799; Section XXXI. Regula-
tion XXVII. 1803, and of any other of the Regulations in force which
prescribe, or shall be construed to prescribe, that the revenue officer shall
issue any tullub chittee, dustuk, or other process of demand on persons
from whom arrears of revenue, or other demands similarly recoverable,
may be due, or that they shall attach the estates or farms in the possession
or management of such defaulters, before bringing their property to a
public sale, as well as such part of the above-mentioned and any other
Regulations which restrict, or can be construed to restrict, the powers of
the revenue officers in selecting lands for sale on account of arrears of
public revenue, or the period of sale, and which may not be re-enacted by
this Regulation, are hereby rescinded.