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PUBLIC ACCOUNTANTS' DEFAULT ACT 1850

ACT NO. 12 OF 1850

[22nd March, 1850]

Public Accountants to give security. 1. Public Accountants to give security.--Every public accountant shall give security for the due discharge of the trusts of his office, and for the due account of all moneys which shall come into his possession or control, by reason of his office. ---------------------------------------------------------------------- 1. This Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in all the Provinces of India, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3. It has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulations 1872 (3 of 1872), s. 3. It has been declared by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following other Scheduled Districts, namely:- West Jalpaiguri, the Western Hills of Darjiling, the Darjiling Tarai and the Damson Sub- Division of the Darjiling District . . . See Gazette of India 1881, Pt. 1, p. 74. The Districts of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt. I, p. 44), and Man- bhum, and Pargana Dhalbhum and the Kolhan in the District of Singbhum . . . . Ditto 1881, Pt. I, p. 504. Kumaon and Garhwal . . Ditto 1876, Pt. I, p. 605. The Scheduled portion of the Mirzapur District . . Ditto 1879, Pt. I, p. 383. Jaunsar Bawar . . . Ditto 1879, Pt. I, p. 382. The Scheduled Districts of the C.P. (now Madhya Pradesh) . Ditto 1879, Pt. I, p. 771. The Scheduled Districts Gan- jam and Vizagapatam . . Ditto 1898, Pt. I, p. 870. and Fort St. George Gazette. 1898, Pt. I, p. 666. The Act has been extended to Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch. The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. The Act has been amended in Orissa by Orissa Act 3 of 1969. It has been extended, by notification [under s. [5 of the last- mentioned [Act, to the following Scheduled Districts, namely:- The Tarai of the Province of Agra. . . See Gazette of India, 1876, Pt. I, p. 505. Ajmer and Merwara . Ditto 1878, Pt. I, p. 380. Coorg . Ditto 1911, Pt. I, p. 1477. The Act has been partially repealed in the Bombay State, see the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879), 2 and Sch. A; and in Assam, in which it was declared to be in force by notifications under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), Gazette of India, 1878 and 1879, Pt. I, pp. 523 and 631, respectively, see the Assam Land and Revenue Regulation, 1886 (1 of 1886). 16

Amount and kind of security, and with what sureties. 2. Amount and kind of security, and with what sureties.--In default of any Act having special reference to the office of any public accountant, the security given shall be of such amount and kind, real or personal, or both, and with such sureties (regard being had to the nature of the office), as shall be required by any rules made or to be made from time to time by the authority by which each public accountant is appointed to his office, 1*

"Public accountant" defined. 2*[3. "Public accountant" defined.--For the purposes of sections 1 and 2 of this Act, the expression "public accountant" means any person who as Official Assignee or Trustee, or as sarbarahkar, is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging to any other person or persons, and for the purposes of sections 4 and 5 of this Act the expression shall also include any person who, by reason of any office held by him in the service of the Central Government or the Government of a 3*State, is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging to such Government.]

Prosecution of accountants and sureties. 4. Prosecution of accountants and sureties.--The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his sureties for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.

Enactments applied to proceedings by and against accountants. 5. Enactments applied to proceedings by and against accountants.- -All Regulations and Acts now or hereafter to be in force for the recovery of arrears of land-revenue due to Government, and for recovery of damages by any person wrongfully proceeded against for any such arrear shall apply, with such changes in the forms of procedure as are necessary to make them applicable to the case, to the proceedings against and by such public accountant.

4*[Validation of former rules.] Rep. by the Repealing Act, 1870 (14 of 1870). ---------------------------------------------------------------------- 1. The words "subject to the approval of the Governor or Governor in Council of the Presidency or place" rep. by the A.O. 1937. 2. Subs., ibid., for the original s. 3. 3. The word and letter "Part A" omitted by the Adaptation of Laws (No. 2) Order, 1956. 4. For the law relating to the recovery of revenue-arrears, see the Revenue Recovery Act, 1890 (1 of 1890).

Public accountants to give security. 1. Public accountants to give security. Every public accountant shall give security for the due discharge of the trusts of his office, and for the due account of all ---------------------------------------------------------------------- 1 Short title given by Act 14 of 1897, s. 2 and Sch. 2 This Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force in all the Provinces of India (formerly the Part A States), except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3. It has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s. 3. It has been extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch. It has been amended in Orissa by Orissa Act 3 of 1969. It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following other Scheduled Districts, namely:-- West Jalpaiguri, the Western Hills of Darjiling, the Darjiling Tarai and the Damson Sub-Division of the Darjiling District . . . . . . . . . See Gazette of India, 1881, Pt. I, p. 74. The Districts of Hazaribagh, Loha- rdaga (now the Ranchi District See Calcutta Gazette, 1899, Pt. I, p. 44), and Manbhum, and Pargana Dha- lbhum and the Kolhan in the Distr- ict of Singbhum . . . . . . . . . . Ditto 1881, Pt. I, p.504. Kumaon and Garhwal. . . . . . . . .. Ditto 1876, Pt. I, p.605. The Schedule portion of the Mirzapur District. . . . .. . . . . . . . . . Ditto 1879, Pt. I, p.383. Jaunsar Bawar. . . . . . .. . . . . . Ditto 1879, Pt. I, p.382. The Scheduled Districts of the C. P. (now Madhya Pradesh). . . . . . . .. Ditto 1879, Pt. I, p.771. The Scheduled District in Ganjam and Vizagapatam . . . . . . . . . . . .. Ditto 1898, Pt. I, p. 870. and Fort St. George Gazette, 1898, Pt. I, p. 666. It has been extended, by notification under s. 5 of the 1ast- mentined Act, to the following Scheduled Districts, namely:-- The Tarai of the Province of Agra See Gazette of India, 1876, Pt. I, p. 505. Ajmer and Merwara . . . . . . . . . .Ditto 1878, Pt. I, p. 380. Coorg . . . . . . . . . . . . . . . .Ditto 1911, Pt. I, p. 1477. The Act has been partially repealed in the Bombay State, see the Bombay Land-Revenue Code, 1879 (Bom. Act 5 of 1879). s. 2 and Sch. A; and in Assam in which it was declared to be in force by notifications under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), Gazette of India, 1878 and 1879, Pt. I, pp. 523 and 631, respectively, see the Assam Land and Revenue Regulation, 1886 (1 of 1886). The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. Extended to the Union Territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule. Amended in Orissa by Orissa Act 3 of 1969.

Amount and kind of security, and with what sureties. 2. Amount and kind of security, and with what sureties. In default of any Act having special reference to the office of any public accountant, the security given shall be of such amount and kind, 2* real or personal, or both, and with such sureties (regard being had to the nature of the office), as shall be required by any rules made or to be made from time to time, by the authority by which each public accountant is appointed to his office 1***. [22nd March, 1850.]

"Public accountant" defined. 2*[3. "Public accountant" defined. For the purposes of sections 1 and 2 of this Act, the expression "public accountant" means any person who, as Official Assignee or Trustee, or as sarbarahkar, is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging to any other person or persons; and for the purposes of sections 4 and 5 of this Act the expression shall also include any person who, by reason of any office held by him in the service of 3*[the Central Government or the Government of a 4*** State], is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging 5*[to such Government].]

Prosecution of accountants and sureties. 4. Prosecution of accountants and sureties. The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his sureties for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.

Enactments applied to proceedings by and against accountants. 5. Enactments applied to proceedings by and against accountants. All Regulations and Acts now or hereafter to be in force for the recovery of arrears of land-revenue due to Government, and for recovery of damages by any person wrongfully proceeded against for any such arrear shall apply, with such changes in the forms of procedure as are necessary to make them applicable to the case, to the proceedings against and by such public accountant. 6*

Validation of former rules. 6. [Validation of former rules.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and Sch., Pt. II. --------------------------------------------------------------------- 1 The words "subject to the approval of the Governor or Governor in Council of the Presidency or place" rep. by the A. O. 1937. 2 Subs., ibid., for the original s. 3. 3 Subs. by the A. O. 1950, for "the Crown in India". 4 The word and letter "Part A" omitted by the Adaptation of Laws (No. 2) Order, 1956. 5 Subs. by the A. O. 1950, for "to the Crown". 6 For the law relating to the recovery of revenue-arrears, see the Revenue Recovery Act, 1890 (1 of 1890).