The INDIAN CIVIL SERVICE (BENGAL) LOANS PROHIBITION REGULAATION, 1823
###### 1823: Ben. Reg. 7.) LoANs PRoHIBmoN 75

 BENGAL REGULATION 7 OF 1823

[THE INDIAN CIVIL S.eRVIOE ,BENGAL) LOANS PROHIBITION R!!.OU•

l.ATION, 1823. 1)

_[30th_ _October_ _182J.]_

###### A Regulation for prohibiting loans by covenanted Civil Servants from persons subject to their official authority and influence.

 1. WHEREAS by the existing Regulations, [1 ] all covenanted Preamble.
 Civil Servants • * a, employed in the judicial and reve-
 nue departments of the service are prohibited from lending money, directly or indirectly, to any proprietor or farmer of
 land, dependent talukdar, under farmer or raiyat, or their sure- ties ; and whereas it i~ equally nec~ssary to prohibit the public
 officers from borrowing money from persons subject to their offi- cial authority and influence, the following rules have been enact- ed by the Governor General in Council, and are to be in force from the date of their promulgation thro11ghout the Provinces immediately subject to this Presidency.
 2. First.-All covenanted Civil Servants, in whatever de- Civil sh-.
 partment of the public service they may be employed, are hence- b~t~ P~~o~
 forward prohibited, under pain of dismissal from office, from ~rrowing borrowing money from, or in any way incurrin~ debt to, any money from
 * • [4 ] officer under their authority, or under the authority of offic:era under
 any o t f h etr [· ] su b or d' u~ate (' unct10~anes, · · or trom r or to t e h k nown rity, etc. thetr autbo·

~urety, agent, relatiOn, connection or dependant of any such

                                                                -                                                                 - 4 officer, or from or to any person of whom such • *<~.

###### officer may be known to be or to have been the servant, agent, surety or dependant.

_Second.- In_ like manner, and under the like penalty, all ~d from

0

###### officers of Government, being covenanted Civil Servants, are ~mC:i~f;sons
 henceforward prohibited from borrowing money from, or in any accountable way incurnng debt to, any manager, guardian, executor, amin, to them.
 sazawal, ~rnmastha, farmer, mutawali or other person, who may

 • in any way be c•fficially accountable to them, or from and to the

o _I_ known surety, agent, relation, connection or dependant of such

###### penon. Third.-[ Rules appli1d to commercial Offllm.] Rep. by the &pea-
 ling Act, 1874 (16 of 1874).

~SHORT TITLE.-This abort title was given by the Amending Act,

1897 (V of 1897), since repealed.

LOCAL EXTENT.-Thia Regulation has been declared, by noti6cation

###### under the Schedll]ed Districts Act, 1874 (XIV of 1874), s. 3, to be in force in Anam (except the North Lusbai Hil!J) See Vol. I of Manual of Local Rules and Orders. Th(' applicatioa of th11 Regulation i1 barred in the Luabai Hills

by notification under the Assam Frontier Tracts Regulation, 1880 (II of 1880),

_Se1_ the Manual of Local Rules and Orders, Vol. III .

_2See_ now the Indian Civil Service (Benral) Loans Prohibition Regula·

# •

###### tion, 171J3 (XXXVIII of 1793), ante, p. 36.

_•'l_ he words ''of the Company" omitted by A. 0. 1 1950,

###### •lhe word 'Native' omitted by A. 0.1 1950,


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###### 76 LOANS PRd'l-llBfTIONS [1823: Ben. Reg.1.

Certain. 3. ~[All Commissioners, :G.~ • .-ict and Sessions Jl:ldges, Dcputy-

o~iccn prohJ .. Commissioners and Assistant Commissioners, being members of

incurring btted from t e n 1an h I d' c· tVL ·1                   - S ervtce . I , are pro h'b' 1 ttec, I un d cr pam . o f d' tsmlssa . l

debt to from office, from borrowing money [i·om, or in any way incurri n~

:zemindars debt to, any zemindar, talnkdar, raiyat or othc:r person possessing

an<;f _other! real property, or re~ idin g in, or h aving a c0mmt·rcial establish-
res1d1ng, having pro-or ment Wit · h tnt h e c1ty, 1· d' stn· ct or c j' !VIS· · IOn tow h. 1<' h 1 · t 1etr aut h ont.y ·

perty, within may extend.
their districts.

Penalty for 4. All persons a~e prohibited from !ending money, or other-
lending

wise becoming in any way creditor, to any olliccr of [the Govern·

money to

Civil Ser- ment]"' being a covenanted Civil Servant, in contravention of the

vants. above rules; and any person lend ing money, or in any way

becoming creditor, co any such public officer in breach of this
prohibition shall fodeit to [the Governrn,ent]• .l sum equal to the
###### amount for which he shatl have so illegally become creditor.
 5. (Report by officers in 'debt.) Rep. by the Rrpealing Act, 1874
_(16_ _of_ _1874)._

Penalty for 6.             - * 2 if any covenanted servant, who may be herein-

              - fficer•

receiving new after appoin ted to any office, shall at the time of such appoint·

appointments ment be indebted to any person with whom it would be illegal

if indebted to for him to contract a loan, while holding such office, it sha ll be

individu11ls incumbentwon such servant, before entering on the duties of the
contrary to
above rule~ office, to make known the circumstance to the '' L State Gc.vern-
omitting to ment] ; and failing to do so, he sh,dl be subj ect to the same pe-
report. nalty as if the debt had been cont racted sub~ecl' tentl y to his

being appointed to the said oJTicc.

7. _[Penalf;Y_ _on_ _NntiveJ knowingly_ _taking_ _office_ _in_ _contravention_ _of_

_abov1 rules.]_ _Rep._ _by_ _the_ _Ammding Act,_ _1903 [1_ _of 1903]._

Suits for reco. 8. Suits tor the rt:covery of penalties             - in Lurrec;l under this

**-.:cry of** 1'.-nai-Regulation shall and may be instituted under the special instruc-

Ue•. tions of the _[8 ][State_ Government], and shall be cuJJd ucted by the
Superintendent and Remembrancer of Legal Affa irs," or by such
###### other officer as [6 ] [the State Government] may nominate for that

purpose.

lThelle words in square brackets w.:re substituted for the original words

by the Amending Act, 1897 (V or 169 7}, ~inc.- repealed.

ZThc words "In like manner", which were repealed by the Amending

Aat, 1903 (I of 1903), are omitted.

'The words "Local Government" were substJCutcd for the words

"Governor General in Couuc1l" by the Amending Act, 18-}7 (V of 1897),
since replead. '·Provincial Government" substituted for "Local Govan·

ment" by A. 0., 1937 ; I he word 'Provincial' again has been substituted by
the word 'State' _viie A._ 0., 1950.

"'Government" was substituted by the word 'the Crown' by A.O., 1937,

Crown again has been substituted by 'Government' by A, 0., 1950.

_'S11_ the Bengal, Bihar and Ortssa an , Assam L .ws Act•1 1912 (VII of

1!112), ss. 3, 4 (b) and Sch~dule D, Part III, cl. 24.

"The words "the Local Government" were substituted for the word

~·G o vcrnmeRt" by the Amending Act, Ul97 (V oi 1897). ''l'rovinci:.tl Govern-

mcnl'' aubslJtuted by the A. 0., 1937. for .. Local Government" And the
word 'Provincial' again ha1 been substicuted by the word 'State' _vids_ **_h. 0,_**

~95(1.


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~eg.7. 1823: Bea. Reg.7.] LOANS PROHIBITION

!>Uty- Such suits shall be instituted in the                 -                 - t. Court

                         - of Division within which the transaction may have taken pi
###### iss a I the lender may reside or may possess real or personal prop

~ng

###### mg An appeal shall lie from judgments pasted in such case'll, in sh- like manner as from other judgments passed in original suits
 ity * • ll and the judgments shall be enforced under the provi-
 sions • ~ for the execution of other decrees of the Civil Courts.
 ----=--- - - ----·---

r- 1 The word" Provincial", which was repealed by the N.epealing Act,

t• 1874 (XVI of ISH, i1 omitted.

###### e
 y 2 The words "by the Provincial Courts" which were repealed by the

~arne Act, o.re omitted.

                                               - The worda " of the Regulations," which were repealed by the 1amc

Act, are omitred •

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