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Bengal Presidency - Section

Section 1 in The Bengal Revenue Commissioners Regulation, 1829

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different parts of their respective jurisdictions to confide to the said Commissioners the powers [* * * *] [Portion repealed by Act 1 of 1903 and is omitted.] that belong to the Boards of Revenue, to be exercised, with the modifications hereinafter provided, [* * * *] [Portion repealed by Act 1 of 1903 and is omitted.] a under the instructions and control of a Sadar or Chief Board of Revenue, [* * * *] [Portion repealed by Act 1 of 1903 and is omitted.].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] [Word Substituted for the word 'Provinces' by Adaptation of Laws Order, 1950.] immediately subject to the Presidency of Fort William.