The INDIAN CIVIL SERVICE (BENGAL) LOANS PROHIBITION REGULAATION, 1823

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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 in curnn g 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1897 (V of 1897), since repealed.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 LOA NS 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 member s 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 perso n possessing 
an<;f _other! real property, or re~ idin g in, or having a c0mmt·rcial estab lish-
res1d1ng, or · h h · d' · j' · · h. h 1 · h · having pro- ment Wit tnt e c 1ty, 1st n 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 office r 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 ind ebted to any person with whom it would be illegal 
for him to contract a loan, while holding such office, it sha ll be 
incumb entwon 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 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 thi s 
-.:cry of 1'.-nai-Regulation sha ll and may be instituted under the special instruc­
Ue•. tions of the 8 [State Government], and shall be cuJJducted by the 
Superintendent and Remembrancer of Legal Affa irs," or by such 
other officer as 6 [the State Government] may nominate for th at 
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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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. 
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1 The word" Provincial", which was repealed by the N.epealing Act, 
1874 (XVI of ISH, i1 omitted. 
2 The words "by the Provincial Court s" 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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