Section 111. The '

111. The ' ACT No. XI11 OF 1857. `IIZ.` .,+The iiuperinte~flence~ of the pr~+jon of Qpium for Gpversment `IIZ.` .,+The iiuperinte~flence~ of the pr~+jon of Qpium for Gpversment shall be intrusted to *-Agentq or bther ~ ~ i c e r s , `" p` being A " , ' ? TO what Agents of the coveilanted servants of the Company, duly appointed by povisishall be intrusted. o f n O p Government ili that behalf, who shall perform the duties connected therewith under the control and direction of the Board of Revenue in Calcutta. The Agents, or other Officers as aforesaid, shall be assisted by Deputy Agents and Sub-deputy Agents, or such other Ogcers, co%enantad or uncovenantddi'ns* the C?overn*ent Itnay from 4: time .to time appoint for the purpose. The Collector of {he Distrid; sll~ll ordinarily, and unless Government shall otherwise dired, be `ex-o@cio` Deputy Agent ; and the relative duties aiid powers of the Deputy Agents and Subdepuby Agent!s shall be from time to tlme regulated by the said Board with the' sanctiotl of Government. 4: IV. The Opium Agents, and their subordinate O%cers of every ol)itiurn Agents description, are declared amenable to the Civil Conris fo:f abietotlle CivilCodrts* a.llacts done by them in their official capacity, except as otlierwise herein provided. But no suit shall be instituted agains'c a n . 5. Agent; or any subordinate Officer, for any act done in his No si:it to be brought' , I , i 0 , official capacity, unless the who shall coilsider himi:c!!.resi; .A gent. Zrst nlede to self agg~ieved by the act of such Agent or Oacer shall have first made application for redress to t,he Agent hiirnself, I n the event of such person noh being satisfied with the order which the Agent `may` pass upon his application, it sliall then be competent to him either to lay his case by petition before the Board of Bevenue, or at once Lo seek redreas in t i e Civil Court. `P` . . ' . , V. The Opium Agents shall not in their oEcial Opinm Agent not to sue without sanction[capacity institute ][any ][suit in ][a ][Civil Court without the ] of Board of Bevenue. previous sanction of the Board of Eavenue. VI. In cases in which the Board of Bevenue may judge it:expedient, or in which they may be so directed by Governlnent, they Poard of Eevenue may `in` czrtdn cpaes appoint may take upon themselves, or intrust to an Officer spe- dsk~~:cl an suits. cially appointed for the purpose, the superintendence of the prosecution or defence of any suit or appeal. in -\.rhich they or an Agent, or any other OScer subordinate to them, may be engaged, instead of l e a ~ ~ i r ~ g sach superintendence to the Agent or any other Officer. Yli. The . . cultivation and pice to be be given for the cultivation of the ' P o p p ~ on account of - Gou-emment. With the like sanction hhey shall from. The price shall. be fixed at a certain s h per seer of eighty tolalls for Opium ofa certajn standard consistence, aid shall be subjeetto a rateable reduction, to a scale sanctioned by the B&rd of Revenue, for G i u m of a con- superintendcnee of the cultivation, shall; at the paper Issue of licenses. period of the year, issue licenses to the cultivators - who. may choose to engage to cult,ivate the Poppy, and to deliver the produce to the Agent, with the sanction,-.of the Board of Revenue, may direct. A coun- of Opium,' who shall compel, or use any means to compel, otsceys compelling ~ ~ 1 . dvator to cnter ' into `ACT` No. XI11 OF 1857. , * the Examiner, or of the Agent in cases in which a reference to the Agent may be prescribed by the said rules, shall be final and conclusive, and not open to question in any Court. XIV. 'When Opium delivered by a cultivator, either to a District 0%- cer, or at the Sudder Factory, is suspected of being adulted with any foreign substance, it shall be irnn~ediealed up pending< examina'cion by the Opium uch intended exarnihatior, shall be given to the culc tivator, Hf upon such examination the Opium shall be fiscation. adjudication Of confound to be so adulterated, the Agent on the report of the Examizier may order that it be confiscated ; and the order of the Agent shall be final, and not open to question iu any Court. ' XV. The weights and scales made use of in the Sudder Factories, and at the District Kothees, shall be provided by the Board of Weights and scales. Revenue. Every District Oficer shall annually, before beginning to weigh the Opium of the season, examine the weights and scales in use `in` his District and shall report the result-of such examination to the Agent. The Agent shall make a similar examination of the weights and scales of the Sudder Factory, and shall report the result to the Board. No weights or scales shall be made use of wllich on any such examination have not been found to be strictly accurate. I t shall be the duty of all Officers who may superintend the weighing of Opium, to see that the Opium is weighed fairly with an even beam, and the practice of taki~lg excess weight for the purpose of turning the scale, or ss an allowance for dryage and wastage, is hereby prohibited. XVI. The accounts of the cultivators shall be adjuated annually by the District Officers as soon after the conclusion of the weighAdjustment of cultivator's accounts, an&[lng ][and ][examination as possible ][; ][and any balance that ] recoveyy of balance distress. by may remain due from ally cultivator, or from ally muhto or intermediate manager, may be recovered by the District Officer by distress and sale of the property of the defaulter or of his surety, int he same manner and under the same rules as the property of defaulting cultivators in estates held khas may be dishrained and sold by the Collector . `4` . ,,, `s` ACT No. XIII or 1.857. Collector fortthe recovery of an arrear of rent or Revenue. Pr~ovided that 9 . ,, .. . . , , ,%.! .(.. ;. `.s..;~-,~~~,.:~,?%~ra~,~i~+h` ofdistress .an$i::~ale ; s h d l ~ e u e b y `:a` ~ i s t r i c t Officer without t h e sanction of the Agent previ- .t3usl y obtsincd. . .. Any 06cer of the Opium Department who shall receive any XBII. Penalty `cr.` OEcei fse, gratuity, perquisite, or allowance, either in money or i,al;ing bribes. ..- Opium, other than the authorized allowa~ices of his situation, shall be dismissed from his ofEce, and, on conviction before a WIagistrate, sljall be liable to a fine not exceeding fi1.e hundred Rupees. - XVIII. If nny zernindar: or other proprietor of land, or any farmer of land, shall exact from any ryot on account of Eis Poppy illegally exacted land-holder from ry3t land, any illegal cess or any higher rate of rent than he is accol~nt of rent of lawfully entitled to demand, the ryot, or the Sub-depnty be recoverid, Agent or other District Oificer 011 lais behalf, may instisuit before tute a suit before the Collector, and recover from such proprietqr or farmer the sum exacted by him in excess of Sum illegally exacted h.~ land-holder from ry3t on accol~nt of rent of .poppy lalld or illegal cess; may be recoverid, iogether with a penalty, in sulnmarg suit before Collector. his lawful demand, together with a penalty of treble the amount of suela. exess ; and such suit shall be ;ried according to the rules prescribed for su.its instituted before a Collector relating to arrears or exactions of rent. XIX. d4tny cultivator enterillg into engagements for the cultivation `'0%` the Poppy on account of Clovernment, wlao may-embezzl~, Penalty for embe~zzle'. bf opium by 061-. o$ otherwise illegally dispose of,.- any part of the Opiutn[' ] tiuaior. produced: sliall be Piable to a pen.alty not exceeding teri Limes the fixed price of the Opium which he may be proved to have so disposed of, or to `a` fine nc.:;. ;:xceeding five hundred Bupees, if the amount of the said penalty be lei;? than that. sum, and the Opin.m, if found, shall be iab~.e t o confiscation. IXW. Any person purc'&r.asiny or receiving any Opium from a cuItivator: or other person who may have entered into engagernenla Penalty for illegal ' rtlrohaseof~piumfrorn[for the (cultivnti~n ][0% ][the Poppy, or who rnay ][be ][employ- ] clrltivator. ed in bhe provia;.on of Opium on accsnnt of Government, 9~ bargz&ing for the purchase of Opiu:m with such ctiEtivator or person, or in iu any way causing or encouraging such cultiva,tor or person to embezzle or illegally dispose sf any Opium, and any Officer of the Opium departnaent And for illegal oouconniving in ally way at the embezzlement or illegal dianivauca Officer by at, an embezzle- 'piuln posal sf any Opium, shall be liable to a fine not exceeding r:geot. one thousand Rupees, unless the Opium purchased, bargained for, or illegally disposed of, shall exceed the weight of thirtyone seers and a quarter, in which case the fine may be increased, at a te not exceeging thi$ty-two Bypees per seeq,for ,all such Opium in excess f that weight ; and the Opium, if found, shall be liable to confiscation. XXI. Any person who shall cultivate the P o p ~ ~ y without license from penaltJ, for unlicensed a Sub-deputy Agent or other Officer duly authorized in cuitivation. thab behalf, and any person ?vho shall in any way cause, encourage, or promote such illegal cultivation, shall be liable to a fine not exceeding five hundred Rupees, unless the quantihy of land so illegally cultivated shall exceed twenty beegahs, in which case the fine may be at the rate of twenty-five Rupees per beegah ; and the Poppy plants shall be destroyed, or, if any Opium have been extracted from them, it shall be seized and confiscated. If the Opium shall have been extracted and shall not be seized, the offender shall be liable to a further fine not exceeding the rate of thirty-two Bupees per beegah of land illegally cultivated, XX II. AH proprietors, fsrrners, L uhseeldars, gomashtahs, and other of ls,ld-holders managers of land, shall give immediate inforo~ation to acd oi,hers to give inthe Police or Abkaree Darogahs, or Opium Gomashtahs, Q~rnation of illegal cultivation. or to the Magistrates, Collectors, or Officers in charge of the Abkaree Mehal, or t3 the Agents, their Deputies, or Sub-deputies, of dl Boppy which rnay be illegally cultivated svithin the estates or farms held or managed by them ; and every proprietor, farmer, tuhseeldar, gomashtah, or sther mana,ger of land, who shall knowingly neglect to give such information, shall be liable to the penaltiss for illegal cultivation prescribed iaa the last preceding Section. XSI1E. All Police and Abkaree Darogahs, and Opium Gomashtahs, and all native Ofscers of Government of whatever descripDnty of Police and ot,her ~~liicers to tion? and all Chowkeydars, Pykes, and other village Police tiration. formation of illegal cuiOfficers, shall give immediate informat.ion to the authority to which they are subordinate when it may come to their knowledge that any Inn$ has been illegally cultivated with Poppy ; and such authority Q i ACT No. XI11 OF `1857.` authority shall transmit the information to the Sub-deputy Agent, or other ~ & b e r superii1t;nd$ig the culti~~ation of the @dppy, if in'$ 'Dist~icf wherelthb' Poppy is cultivated on accotlilt of Government, or to the Collector or Officer in charge of the Abkaree Mehal, if in a District where the Poppy is not so cultivated. Every Police or Abl;aree Darogah, Opium Gornashtah, Native ,[Officer, Chowkcydar, or other Police Officer as aforesaid, who shall neglect ] to give such information, or shall in any respect connive at the illicit culti- - vation of, the lPo$py, shall be liable Lo a ifiij,e not exeee$ing one thousan Rupees if the offender be an Officer of the Opium department, or in any other case to a fine not exceeding five liundred Rupees. XXBV. Whenever a Police or Abkaree Darogah or Opium Gomashtah shall reccivc intelligence of any land within his Police or Ablraree Darogahhow toproceed jurisdiction having been illegally cultivated with Poppy, `in` case of cllltihe shall immediately proceed to the spot, aud if the invation. formation be correct, shall attach the crop so illcgally cultivated, and report the same without delay to the autlzority to which he map be subordinate. H e shall at the same time take security from the cultivator of the said land for his appearance before the Magistrate ; and. in the event of such cv.ltivaLor not giving %he required security, he shall send him in custody to the Magistrate. XXV. Proprietors, farmers, tuhseeldars, gomashtahs, and other managers of land, shall be at liberty to attach any Poppy Land-holders, &c., may attachin casesofillegal ggr0~11 in opposition to the provisions of this Act in any oultivntion. $estate or farm held or rnanzlged by then,, and shall irnrnediately report such attachment to the nearest Police or Abkaree Darogah, or Opium Gomashtah, who sliall thereupon proceed in conformity with the rules contained in the last preceding Section, - XXVI. Except as otherwise herein provided, all fines, penalties, and A4u&caki0n `of` pe. confiscations prescribed by this Act shall be adjudged by ~ielties. the Hagistrate 011 the information of the Deputy Agent or Sub-deputy Agent in Districts in which the Poppy is cultivated on account of Government, and in other Districts 011 tlze information of the Collector or Officer in charge of the Abkaree Mehal; provided tliat no information of sn offcnce against this Act shall be admitted unless it be y referred preferred within the period of one year after the osm&issisn of the offence to which the information refers. XXVII. When any person is sentenced to pay any fine or penalty under this Act, such person, `iw.` default of payment sf the XXBLII. Whenever any person shall be cofivicted of an offence Pn,,ish,nent for reagainst this Act after having been previously convicted petition of oirences. of a like offence, he shall be liable, in addition to the penalty attached to such offence, to imprisonment for a period not exceeding six months; and a like puiaishlnent of imprisonment not exceeding six months shall be incurred, in addition to the punishment which may be izlfficted for a first ofBence, upon every subsequent conviction after the second. X X I X .[Every person ][who ][shall be imprisoned under the last preced- ] ing Section, or on account of the non-payment of any place of imprisonfine or penalty prescribed by tlais Act, unless such person ment under the last Sectioil. be an Officer of Government or a village Police Officer couvicted of an offence under Section XVII, S X , `or` XXELT, shall be imprisoned in the Civil Jail. SXX. One-half of all fines and penalties levied from persons convicted Disposal of fines m ~ d[of offences under Sections XIX, ][XX, ][and ][XXI ][of this ] forfeitures. Act, together with a reward of one Rupee eight anraas for each seer of Opium confiscated and declared by the Civil Surgeon to be fit for use, shall upon adjudication of the case be awarded to the Officer or Officers who apprehended the offender, and the other half of such fines and forfeitures, together with a reward of one Rupee eight annas for each sees of Opium confiscated as aforesaid, shall be given to the informer. I f in any case the fine or penalty is not realized, the Board of Revenue may grant such reasonable reward, not exceeding the sum of two hundred Rupees, as rraay seem to them fit. XXXT. The I r `,f,kt` .: 4 . ACT `Na` XIII OF 1857. XXXT. 'I'lie Governor General of India in Council may authorize, by Gover~lor Gcncral in an Order of Government, the cultivation of the Poppy cultivation Council may of' Poppy allow fm a i d the manufacture of Opinni in any District or Dis2nd ~nsmlfacture of tricts without license from a, Sub-deputy Opium Agent Opium in kny `XPi~tsict.` or other Officer of Goveriirnent; and when such order hms been ~ublished, a,ll the provisions of this Act sliall ceass to have effect in such District or Districts. Provided always that the Governmelit may , P;;viSO: ikl I .st I < 4 ppsgribe t *., ,, yulescfor the. delivery,,pf A > I the Qpiurn so prgc$uced< tv , I 5 to Oificers of Government appointed to receive it ; and when sue11 rules ,. havc)>been pasqed, any cultivaf;~~; or other person engage in the crlltivation of the Poppy and mnnufacture of Opiurn who shall dispose of any Opiuni otherwise than is allowed by sue11 rules, and any persoib who shall purchase or receive any such Opium in contraventioii of $he said rules, shall be subject to tlie penalties prescribed in Section XIX of this Act ; and such ]penalties may be adjudged by a Magistrate on the inforanation o f any Officer of Government or of any other person.