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Bengal Presidency - Section

Section 19 in The Bengal Land-Revenue Settlement Regulation, 1822

19. First. - Collectors authorized to summon witnesses and require production of accounts.

- It shall be competent to Collectors, when prosecuting the above enquiries or hearing and trying the above suits, or otherwise when authorised in that behalf by the Board to which they may be subordinate, to require all sadar malguzars and other persons owning, occupying, managing or cultivating any lands within or in the vicinity of the mahal to which their inquiries may extend, or gathering or disposing of the produce thereof, or collecting, enjoying or appropriating any rent or revenue derived therefrom, as well as the gumashtas or other agents employed by such persons in the management or cultivation of the land, or in the collection of the rent, produce or revenue thereof, to attend and produce all accounts or other papers which they may respectively possess relative to such lands, produce, rent or revenue, and to examine the said persons on oath, or halafnama to the truth of the accounts produced, or any other matter relating to such accounts, or regarding the lands, produce, rent or revenue of the mahal or the rights and interests attaching to such lands, produce, rent or revenue :Provided, however, that no person shall be compelled to answer on oath or solemn declaration any interrogation regarding matters wherein he may have an immediate personal interest in concealing the truth, or in uttering what is false, not being an interest arising out of fear, favour or reward, or any corrupt bargain or agreement with another party.Second. - Rules of Regulation 2, 1819, applied to process issued by Collectors; also to patwaris and others summoned or examined. Powers of Collectors. Rules applied to other persons upon whom process may be issued. - The rules contained in section 11, Regulation 2, 1819, relative to the mode of serving process on persons who may be required to attend and produce accounts under the provisions of that Regulation, shall be and be held applicable in processes issued by Collectors or other officers under the rules contained in this Regulation.In like manner the provision of section 12 of the said Regulation shall be applicable to all patwaris, gumashtas or other persons by whom the accounts of any lands, regarding which the said inquiries may have been instituted, may be kept, and who, after being duly summoned as aforesaid, may neglect or omit to produce any of the accounts required from them, or to give their evidence regarding them, or who may deliberately give a false deposition on oath or solemn declaration, when summoned and examined as aforesaid, or who may alter, fabricate, falsify or mutilate the accounts which they may be required to produce :Provided further that Collector and other officers employed in the settlement of the land-revenue, or in any of the inquiries specified in this Regulation, shall be vested with all the powers and authority which are or may be lawfully exercised by Collectors in cases depending before them under Regulation 2, 1819; and the rules contained in clause third, sections 13, 14 and 19 of the said Regulation shall be and be held applicable to all persons who may be summoned by any Collector or other officer aforesaid, or who may resist the process of a Collector issued under the rules of this Regulation, or who may refuse to take an oath or subscribe a solemn declaration When required, or who may deliberately give a false deposition on oath or under a solemn declaration taken instead of an oath, or may cause or procure another to do so.