o I • 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 f h · b d' (' · · r h k thetr autbo· any o t etr su or u~ate unct10~anes, or trom or to t e nown rity, etc.
~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 officers of Government, being covenanted Civil Servants, are 0~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 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~SHORT TITLE.-This abort title was given by the Amending Act, 1897 (V of 1897), since repealed.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, 76 LOANS PRd'l-llBfTIONS [1823: Ben. Reg.1.
Certain. 3. ~[All Commissioners, :G.~ • .-ict and Sessions Jl:ldges, Dcputyo~iccn prohJ .. Commissioners and Assistant Commissioners, being members of btted from h I d' c· ·1 S . I h'b' I d . f d' . l incurring t e n 1an tVL • ervtce , are pro 1 ttec, un cr pam o tsmlssa 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~iding in, or having a c0mmt·rcial establishres1d1ng, or · h h · d' · j' · · h. h 1 · h · having pro- ment Wit tnt e c1ty, 1stn ct or c !VISIOn tow 1<' t 1etr aut ont.y perty, within may extend.
their districts.
Penalty for lending money to Civil Ser vants.
4. All persons a~e prohibited from !ending money, or other wise becoming in any way creditor, to any olliccr of [the Govern· ment]"' being a covenanted Civil Servant, in contravention of the 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.
Penalty for ·officer• receiving new appointments if indebted to individu11ls contrary to above rule~ omitting to report.
5. (Report by officers in 'debt.) Rep. by the Rrpealing Act, 1874 (16 of 1874).
6. * * 2 if any covenanted servant, who may be herein after appoin ted to any office, shall at the time of such appoint· ment be indebted to any person with whom it would be illegal for him to contract a loan, while holding such office, it sha ll be incumbentwon such servant, before entering on the duties of the office, to make known the circumstance to the '' L State Gc.vern ment] ; and failing to do so, he sh,dl be subject to the same pe nalty as if the debt had been contracted sub~ecl'tently 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 · inLurrec;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 ~·GovcrnmeRt" 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.
' ~eg.7.
!>Uty ·s of iss a I ~ng mg sh ity rt• e y 1823: Bea. Reg.7.] LOANS PROHIBITION Such suits shall be instituted in the • • t. Court Division within which the transaction may have taken pi the lender may reside or may possess real or personal prop An appeal shall lie from judgments pasted in such case'll, in like manner as from other judgments passed in original suits * • ll and the judgments shall be enforced under the provi sions • ~ for the execution of other decrees of the Civil Courts.
----=--- - - ----·--- 1 The word" Provincial", which was repealed by the N.epealing Act, 1874 (XVI of ISH, i1 omitted.
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 • •