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.

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, 2[* * *].

3[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 4[* * *] 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.]

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.

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.5

[Repealed by the Repealing Act, 1870 (14 of 1870).]

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 (now the Part A States), except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), Section 3. It has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), Section 3. It has been declared, by notification under Section 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, Part I, p. 74. The Districts of Hazaribagh, Lohardaga (now the Ranchi District see Calcutta Gazette, 1899, Part I, p. 44), and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum . . . . . . . . Ditto 1881, Part I, p. 504. Kumaon and Garhwal . . . . . . Ditto 1876, Part I, p. 605. The Scheduled portion of the Mirzapur District . . . . . . . . . . Ditto 1879, Part I, p. 383. Jaunsar Bawar . . . . . . . . Ditto 1879, Part I, p. 382. The Scheduled Districts of the C.P. (now Madhya Pradesh) . . . . . Ditto 1879, Part I, p. 771. The Scheduled Districts in Ganjam and Vizagapatam . . . . . . . . Ditto 1898, Part I, p. 870. and Fort St. George Gazette, 1898, Part I, p. 666. It has been extended, by notification under Section 5 of the last-mentioned Act, to the following Scheduled Districts, namely: The Tarai of the Province of Agra . . . . . . . . . . . . See Gazette of India, 1876, Part I, p. 505. Ajmer and Merwara . . . . . . Ditto 1878, Part I, p. 380. Coorg . . . . . . . . . . . Ditto 1911, Part 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), Section 2 and Schedule A; and in Assam, in which it was declared to be in force by notifications under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), Gazette of India, 1878 and 1879, Part I, pp. 523 and 631, respectively, see the Assam Land and Revenue Regulation, 1886 (1 of 1886).

2. The words subject to the approval of the Governor or Governor in Council of the Presidency or place repealed by the A.O. 1937.

3. Substituted by the A.O. 1937 for the original Section 3.

4. The word and letter Part A omitted by 2 A.L.O., 1956 (w.e.f. 1-11-1956).

5. For the law relating to the recovery of revenue-arrears, see the Revenue Recovery Act, 1890 (1 of 1890).