Bengal Revenue Commissioners Regulation, 1829

Bengal Revenue Commissioners Regulation, 1829 1. Preamble. 2. Appointment of Commissioners of Revenue and Circuit for divisions specified. 3. Commissioners invested with powers of judges of Circuit and Courts of Circuit collectively; period of holding sessions, etc. 4. Commissioners to have powers of Boards of Revenue and Courts of Wards. First. 5. Abolition of powers of certain Provincial Courts of Appeal. 6. Repeal of inconsistent provisions. 7, 8. Offices of Superintendents of Police abolished: Commissioners to perform duties of Superintendents; tender of pardon to accomplices; Towers of Commissioner of Cuttack and Midnapore. 9. First. - Powers of Commissioners of Arakan and Assam. 10. Abolition of office of Mufassal Special Commissioner; modification of practice under Regulation I of 1821 and I of 1823.

The Bengal Revenue Commissioners Regulation, 1829

Bengal Regulation 1 of 1829

WB593

[1st January, 1829.]

A Regulation for constituting Commissioners or Revenue and Circuit [***]

1. Preamble.- The system in operation for superintending the magistracy and the police, and for controlling and directing the executive Revenue-officers, who in several cases are also Magistrates, has been found, to be defective.

The Provincial Courts of Appeal and Circuit, as now constituted, partly from the extent of country placed under their authority, and partly from their having to discharge the duties of both civil and criminal tribunals, have, in many cases, failed to afford that prompt administration of justice which it is the duty of Government to secure for the people.

The gaol-deliveries have been, in some instances, delayed beyond the term prescribed by law, [especially in the division of 'Bareilly, which comprises thirteen stations at which gaol-deliveries have to be held, beside the joint magistracies of Bila and Sirpura,] and a great arrear of cases under appeal has accused in all the Courts, to the manifest injury of many individuals and to the encouragement of litigation and crime.

The Judges of Circuit, when employed singly in the districts under their authority, do not possess sufficient powers, nor have they the opportunity of acquiring sufficient local knowledge, to enable them adequately to control the police or protect the people.

The great extent of country under each of the Boards of Revenue has similarly operated to impede them in the execution of the duties which belong to them as tribunals for the determination of all questions relative to the assessment of lands under settlement and for the judicial decision of many other important cases, as the general guardians of the fiscal interests of the State, as directors and superintendents over the executive officers, and as the confidential advisers of Government.

For the correction of the above defects, it has appeared to be expedient and necessary to place the magistracy and police, and the Collectors and other executive Revenue-officers under the superintendence and control of Commissioners of Revenue and Circuit, each vested with the charge of such a moderate tract of country as may enable them to be easy of access to the people, and frequently to visit the different parts of their respective jurisdictions to confide to the said Commissioners the powers [* * * *] that belong to the Boards of Revenue, to be exercised, with the modifications hereinafter provided, [* * * *] a under the instructions and control of a Sadar or Chief Board of Revenue, [* * * *].

With the above views and purposes the Governor General in General has enacted the following rules to be in force from the 1st March, 1829, throughout the [territories] immediately subject to the Presidency of Fort William.

2. Appointment of Commissioners of Revenue and Circuit for divisions specified.- A Commissioner of Revenue and Circuit shall be appointed for each of the under-mentioned divisions:

Provided, however, that [* * * *] it shall be competent to the [State Government by an order], to transfer any district or districts from one division to another, and to increase or reduce the number of Commissioners, if such a measure shall appear to be necessary or expedient; due notice of any such arrangement being given by public proclamation.

[* * * *]

[10^th Division, to contain the districts under the Magistrates, Collectors, Joint-Magistrates and Sub-Collectors and Collectors of Tirhut

3. Commissioners invested with powers of judges of Circuit and Courts of Circuit collectively; period of holding sessions, etc.- Repealed by the Repealing Act, 1874 (XVI of 1874).
4. Commissioners to have powers of Boards of Revenue and Courts of Wards. First.- The said Commissioner shall, until otherwise specially provided for by law, possess and exercise within the several districts comprised in their respective divisions the powers and authority now vested in the Boards of Revenue and Courts of Wards, subject to the control and direction of a Sadar or Head Board, to be ordinarily stationed at the Presidency, unless otherwise directed by the [State Government], and to such restrictions and provisions as the [State Government]or the said Sadar Board; with [its] authority or sanction, may prescribe.

Sadar Board and Commissioners how guided as to form of their revenue-proceedings. Second. - In regard to the form of their proceedings in the Revenue Department, the Commissioners and the Sadar Board shall be guided by such orders as the [State Government] may from time to time issue, and it shall be competent to the [State Government] to fix the stations at which the Board and the Commissioners, when not employed on the duties of circuit, shall reside, at such places within the territories belonging to this Presidency as may from time to time be deemed expedient.

When tract within jurisdiction of Magistrate of one division is under Collector of another division. Third. - Provided also that, in cases in which any tract of country that belongs to the jurisdiction of a Magistrate or Joint Magistrate of one division may be under the authority of a Collector or Deputy Collector attached to another division the [State Government] shall determine,[by order], the nature and extent of the powers to be exercised in regard to the revenue affairs of such tract by the Commissioners respectively with whose divisions it may be so jointly connected.

5. Abolition of powers of certain Provincial Courts of Appeal.- Repealed by the Repealing Act, 1874 (XVI of 1874.).
6. Repeal of inconsistent provisions.- Repealed by the Amending Act, 1903 (I of 1903).

7, 8. [Offices of Superintendents of Police abolished: Commissioners to perform duties of Superintendents; tender of pardon to accomplices; Towers of Commissioner of Cuttack and Midnapore. - Repealed by the Amending Act, 1903 (I of 1903).

9. First. - [Powers of Commissioners of Arakan and Assam.]- Repealed by the Amending Act, 1903 (I of 1903).

Second. - Conferment of powers on the Commissioner for the districts of the Northern Doab, etc. - Repealed (except in certain Schedule areas) by the North-Western Land-revenue Act, 1873 (XIX of 1873). (Conferment of powers on the Resident at Delhi.) - Repealed in part by Regulation VI of 1831; residue repealed by Bengal Regulation X of 1831.

10. [Abolition of office of Mufassal Special Commissioner; modification of practice under Regulation I of 1821 and I of 1823.]- Repealed by the Amending Act, 1903 (I of 1903).