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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#0869
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A.D. 1829.]

REGULATION X.

859

XV. The collectors of land revenue in the several districts shall
investigate and decide in the first instance, all cases of penalty incurred by
breach of this Regulation, attaching the deed when necessary, pending-
investigation. On completing the investigation, they shall transmit then-
proceedings to the Board or other controliing authority, du!y appointed by
the Governor-General in Council, with such decision as they may pass
thereon, and the grounds thereof fully recorded. The decision of the col-
lector shall be liable to be confirmed, modified, or reversed by the said con-
trolling authority, whose decision shall be final.
All penalties incurred under this Regulation, and adjudged by
the revenue authorities as aforesaid, as well as all balances of cash due
from vendors or from their estates, shall and may be recovered by the
collectors of land revenue from the persons or officers liable thereto, or
from their sureties, by the same process as it is or may be lawful to adopt
for the recovery of arrears of land revenue due from any farmer of land or
his suretv.


final.


XVI. It shall be competent to the Board or other controlling authority
appointed as above described, as well as to the Governor-General in Coun-
cil, to remit any fine or penalty, or any part thereof, that may be incurred
under the rules of this Regulation; provided, however, that nothing
herein contained shall be considered to affect the existing laws and pro-
visions in respect to the forging of stamps, or in respect to the knowingly
using or issuing of paper bearing a forged or counterfeit stamp.
XVII. In addition to the duties chargeable on deeds, instruments, and
writings specified in Schedule (A), there shall further be levied, raised, and
paid, as heretofore, in the provinces subject to the presidency of Fort Wil-
liam, duties on law papers, viz. petitions of plaint, pleadings and the like,
at the rates and in the manner prescribed in Schedule (B), which, with
the rules and provisions therein included, shall be deemed and taken to
be part of this Regulation; and no papers shall be filed, exhibited,
received, or admitted in any Court of Judicature of the description
stated in the schedule to require a stamp, unless the same shall be duly
stamped.
Repealed, so XVIII. Everyvakeel, or authorized pleader ormooktar, attached
Courts *^and ^ any Court of Judicature, who shall present for the purpose of being
pleaders in filed or recorded in any court or cutcherry, anv paper, petition, or any
ces^by^ec.*Y deed, instrument, or document, requiring to be stamped by the rules of
Act xvm. this Regulation, on unstamped paper, or on paper not bearing the proper
stamp, and not duly endorsed, or on paper bearing a counterfeit stamp,
unless signed and endorsed by a vendor as prescribed, shall forfeit five
times the amount of the stamp which ought to have been used, or five
times the difference in case of the use of improper stamps, as prescribed in
Section XIII. of this Regulation. The said fine shall be imposed and
levied by the presiding officer of the court in which the said vakeel or
mooktar may be practising, and the amount shall be remitted to the col-
lector with copy of the proceedings or order imposing the fine.
S6C072& It shall further be competent to the collector or other officer
exercising similar powers, on discovery of any irregularity of the above
5 R 2


cording to what rates
to be levied.


To be imposed and
levied by the court.

Penalties in question
how recoverable at suit
 
Annotationen