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The Bengal Government Indemnity Regulation, 1822

(Bengal Regulation No. 11 of 1822)

[Passed by the Governor-General in Council on the 22nd November, 1822]

Short title given by Act I of 1903, Section 2.

A Regulation [* * *] for declaring Government not to be liable for any errors or irregularities in the proceedings of the Courts of Justice, and for making further provision for the conduct of the Revenue officers in certain cases.

1. and 2. [Preamble : Repeals] – Repealed by Act XIX of 1873.

3. to 35. [Preamble: Repeals; Public sale of lands for: Arrears of revenue] – Repealed by Act XII of 1841.

36. [Management of estates purchased by the Government.] – Repealed by Act XIX of 1873.

37. [Punishment of contempt] – Repealed by Act XII of 1841.

38. The Government not liable for errors of Courts. – It is hereby declared and enacted that [the Government] is not and shall not be held liable for any error or irregularity which may have occurred, or shall occur, in any order, proceeding or decree of any Court of Judicature, whether a revenue or other officer of [the Government] may or may not have been, or shall or shall not be, employed in giving effect to the order, proceeding or decree deemed to be erroneous or irregular; nor shall any officer of [the Government] be held liable for anything done or suffered in conformity with an order, proceeding or decree of a Court as aforesaid; and if any person or persons shall sue [the Government] or any officer of [the Government], for anything done or suffered under an order, proceeding or decree of Court as aforesaid, such person or persons shall be non-suited, with costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs..

The same principle is and shall be held applicable to all orders, proceeding or decree made, held or passed by any Public officer, in virtue of power vested in him for the Judicial cognizance of any pleas, suits, complaints or in formations whatsoever, unless otherwise specially provided.]

39. [Saving of Bengal Regulation I of 1841.] – Repealed by Act XII of 1841.