Regmi Research (Private) Ltd, Kathmandu; October 1, 1979.

Regmi Resee..rch Series Year 11, No. 1o Edited by Hahesh c. Regmi * �:< ,,:,: >;-* *

1. On Bicharis and Adalats 145 2. Preliminary Notes on the System of Commercial Law in Nineteenth-Century 148 3. Bara, Parsa, , S�rlahi and Manottari Districts in 1948-49 153 4. Revenue Settlement in Tinthapaula, 1825 A.D. 157 5. Kathmahals in the Tarai and Inner Tarai Region·' s a·t the end of the Nineteenth Century 160

Regmi Research (Private) Ltd Lazimpat, Kathmandu, Nepal

(For private study and r esearch only; not meant for public sale , distribution, and display). 145

On Bicharis and Adalat� 1. Jurisdiction of Bicharis in Th�k and Theni • Royal order to bicharis deputed to Theni and Pancha- gaun: ;;From Baisakh �, 1866 Vikrama, we hare placed that areaunder the thekbandi sys'tem. Accordingly, you are hereby ordered not to discm.rge the functions .of Adalat in Theni and Panchagaun. Leave that area." Jestha Hadi 30, 1866. Regmi Research Collection, vol. 4o, · p. 36.

Particulars regarding the thekbandi' system introduced in Theni and Panchagaun are contained in another royal order issued on the same date in the name of Dayaram Budha,. Tawa Budha, a1 nd other head.men and inhabitants. These are as follows: , iFrom Baisakh Badi 1, 1866 Vi�rama, ,_ no bichari will be deputed·to· Theni from'the royal pal.ace. You shall no longer remain under the jurisdiction of the Thakalis. Taxes due from the inhabitants of Theni and Panchagaun who have migrated to other areas, collections made accord­ ing to regular tax-assessm· ents, judicial. fines and penalties'1 and escheat property not exceeding Rs 100 in value in each case·shall be adjusteci a�ainst the amount stipulated for p�yment (under the thekbandi arrangement), and the excess amount shall be transmitted separately to the royal palace. Inclusive of the commission of .one-sixth of the revenue actually collected, we hereby make a thekbandi_arrangement for the payment of Rs 3,001 every year,. Transznit the ·amount in installments as follows to the Tosakhana (at Kathmandu) through the local amil, and obtain clearance from him. Do not harass and oppress the people, and do not submit false complaints. Interest as paid by traders shall be paid if payment is not made whe_n installments become due.

In�tal:t.m�nts Baisakh, Jestha, Ashadh Rs 600. Shrawan, Bhadra, Aswin Rs 800. Kartik, Marga, Poush - Rs 1,000. Magh, , Falgun, Chai tra - Rs 601·. Rs 3,001. Jestha Badi 30, 1866. Regmi Research Co+lection, vol. 4o, PP• 3?-38. 146 --�

2. Bicharis in Ma.jhkirat On Jestha Sudi 11, 1871 (Jillle 1814), Bicharis were deputed to hear complaints against amalis and dwares submit­ ted by the inhabitants of villages assigned as Jagir to the Srinath Kampu in two thums of Majhkirat: Halesi and Kharpa. They were also granted authority to dispense justice in Panchakhat crimes committed by those inhabitants. The Bicharis were ordered. to dispense justice only on the basis of complaints, instead of sending peons to the Villages to arrest people.

Regmi Research Collection, vol. 43, pp. 583-84. 3. Bicharis in Pallokirat Royal order to Kaji Jaspau Thapa� "Appoint two bichari:. to dispose of complaints filed by (the inhabitants of) area:.. assigned to the Srijung Paltan in the region east of the Arun river. Dispense justice without fear or favor and refer· to us any case that you cannot dispose of on your own, and take action as ordered. Pay salaries as follows from the income collected in the course of such judicial filllction:.;. Divide 10 percBnt of the income accruing from fines and the Jitauri fee (collected from the winning litigant) into four equal parts, and grant two parts (to the two bicharis), and transmit the balance, along with other income, to the royal palace. Gubmit accounts of income and expenditure and obtain clearance. Salaries 1 Bichari Rs- 175 yearly. 1 Bichari Rs 175 yearly. \ 1 Tahabildar Rs 60 yearly. 1 Bahidar Rs 60 yearly. Baisakh Sudi 4, 1882. Regmi Research Collection, vol. 34, PP• 2-3. 4. Bicharis in the Far-western Hill Region Royal order to S�bbas, Rais,'.:tJ!'lli,dars, mukhiyas, and mohis cultivating lands assigned to the Srina0 th Kampu in the Chainpur region .::ast of �he Arun r·iver�'. We had previouzl:; issued a royal order directing that complaints (from the inhabitants of) areas assigned to the Kampu spall be heard by the Bichari of the Adalat, not by the Bhardar stationed in Dhankuta. 147

_ 11From the year 1891 Vikrama, payments due on the Khuwa and Khet lands o f t L.J Kampu, as we.ll as the Jhara and l•1egjin levies shall be collected by Kaji Narsing T hapa Y and the pr·oceed::.: ci.8p osited at t he headquarters o ffice <<:1-afdarkhana) of the -Kmpu. He shall so hear complaints filed by (the inhabiti:i.nts) of areas as signed to the Kamou and d ispense justice. Make the payments stipulated on contractual. basis for Khuwa m d IJ1et l ands, as we11· as the Jhara and Hegjin levies, ·through Kaji N arsing Thapa as installmer...ts fall due, and obtain receipts thereagainst. If :you default in payments due to the Kaillpu, fines will be imposed. If you have any complaints and grievances, represent them to Kaji Narsing Thapa, who will redress them in an equitable manner. . Falgun Sudi 7, 1890. Regmi Research Collection, vol. 26, p. 4.97. 5. Functions.of Adalat in Doti Hoyal order to the ;,1ukhtiyar and Bhardars stationed in Doti issued through Chautariya Pushkar Shah and Kaji Bhaktabir Kunwar: ;iTake steps to ensure that traditional customs and usages are followed throughout the territory of Doti. If any base custom is followed there, have it �·eplaced by a g0od custom. consistent with practices followed 1.n our kingdom and sanctioned by the scriptures (dharma­ sastra). Propagate good customs and usages there according to decisions taken on the basis of the -scriptures in cases which may be filed there. ;, If, while any case is disposed of by the Adalat, the decision i� in contravention of practices sanctioned by niti (i.e. the customs and usages of the community)_or samriti (i.e. those sanctioned by the scriputure), and any litigant is therefore not satisfied with such decision, and submits a pe tit�on a ccordingly, refer the petition to the Hukhtiyar and the Bhardars, and bare it discussed at a mee·ting of the Bha1·dari cow1cil. Arrive at a decision Which is consistent with the practices followed in our kingdom and sanctioned by the scriptures, and thus satisfy the petitioner. 11 ile have deputed Kashinatha Upreti to take steps to ensure that the provisions of the Sastras are applied strictly in that region and that nothing is done contrary to religious tradition (Dharma). We hereby command you to act in consult­ ation with him. 11 We have sanctioned a yearly of Rs. 200 to Kashinatha Upreti in consideration of these services. Disburse the amount· from the allocation made for office (masaland) and religious (nia.muli) expenses. The expenditure. shall be debitted against receipts �uring audit." , Cha.itra Sudi 4, 1890. Regmi Research Collection, vol. 26, p. 508. 148

6. Judicial Administration_j_p Jumla On Kartik Sudi 3, 1 903 (November 1846), Fatte Singh Thapa w�s appointed Sardar in Jumla, with the Chandan Nath Company under h is command. The same day 7 a r oyal order was issued authorizing h im' to appoint one bichari, one tahabild;.;r, and one bahidar to dispose of complaints filed at the head­ quarters office (dafdarkhana) of the Chandan Na th Company at Chhinasim in Jumla. He was also authorized to use the income c ollected from thi s function, as well as from the disposal of cases reldting to Panchakhat crimes in different areas of Jumla di strict :1 to pay sal,::.ries as follous to the employees mentioned above:- 1 Bichari Hs 175 yearly. 1 Tahabild;.:�r Rs 75 do. -1 Bahidar H.s 75 do. Total- Rs 325 yearly. Sardar 1?atte Singh Thapa wa s ordered to transmit- · the balance of the income to the Kumarichok office in Kathmandu. Kartik Sudi 3, 1903. Regmi Research Collection, vol. 26, pp. 118-19.

Prelim_:i;_nary Nq,t,eJL.Q.Q�tluLJ3,.Z§_t_em of Coillln·e:rsic;l Law in Ninet�enth-Cent.t.!fL.:tf.e:,pal By tJlahesh C. Hegmi The Gorkhali co nquest of the three principalities of .Kathmandu Valley, which l ed to the establishment of t he new Kingdom of Nepal, meant the subjugation of essentially trading states by a military-agrarian p olit_ical s ystem. The primary concerns -of the new government in the economic fi�l,1 were the extension of state control over- the l and and coll\;c·.­ ion of revenue. A voluminous corpus o f administrative r e�u­ lations and orders was created to give·erfect. to th e govern­ ment's powers and prerogatives iri these two fields. i n contradistinction, little attention was p aid to the rights of the .individual in respect to property or contract. I n t:i� words of John Hicks� 1 · 149

'rhe legc:i.l i11.stitutions of the non-m8rcantile economy which are on the whole the institutions that a conquiror might be expected to bring with him, are by no means suitable to the needs of t he merchant. If-the merchant is obliged to make use of such unsuitable institutions ' his development will be hampered.- •• .i:::ven though the King had been w illing to make use of the merchants, he would not have understood the:i.r wants (nor would his judges and administrators hen.re done. so). They would have been driven back ••• to make their own arrangements. · They would, therefore, have been deprived of the advantage of making use of a regular legal system, being shut up within the confines of such arrangements as they.could make for themselves .. These observations are an accur.J.te description of what seem to h sv e happened in Nepal · during the period after poli tica.1 unification. The political, legal and administrative system that evolved in subsequent years failed to pay any attention to protect ��e rights of prop'erty and contract. The merchant who wished to enforce a 6ontract or recover a debt had no institu tional legal means at his disposal. Han1i.lton' s observations, made in 1809-1O, show how the; absence of appropriate co1.nnercial legislation caused difficult- ies to traders. He write�:2 Although the government (of Nepal) ·itself has, in some cases, had the honor to discharge its debts, and even to assign for the purpose some of its most valuable districts, the collections from which were delievered into the hands of our merchan:...s until they were paid, yet it is totally inconsistent with the nature of thei.c government to attend to complaints for the recovery of money from the.ir subjects. The losses of our merchants by �ad debts are therefore heavy. \ Consequently, trading .communities often had to join tqgether for arbitration by anot�er merchant r�ther thap by judge in disputes concerning contracts .3 Thi's was 'the reason why :;domestic Panchayats'ii/in Kathmandu ;iespecially among merchants, whose wealth attracts the cupidity of the courts, and the community of whom can,1 on the otl'l.er hand, always furnish referees or Punchmen' ;. lt Hodgson has similarly referred to "some domestic court s.I- such as the Pa richayat or brethren or fellow-craftswen'° .::> Such arra11gements, however, presuppose the existence of i ntra-communal cohesion a nd ha nnony of-interests to an extent wh ich could seldom be matched by other scattered and 1narticulat·3 trading communities in different parts of the country. '£his conclusion would appear ·to be substantiated ·by the disabilities which even the Newar trading c ommunity, /of merchants we re said to have been •ivery popular:;. 150 so in fluential and articulate in Kathwandu, suffered else:.. where. Two instances may suffice: Until the early 183Os, the Newar trading corn.iT1unities in Palpa and Pyuthan were denied property rights in commercial sites .'6 Consequently, they · were unable to build permanent structures for their trading establishments. In the Ankhu-Gandaki area o'f the western hill region, the Newar corm,iunity, -which depended mostly on trade for its livelihood, was denied f'nheritance rights. That is to say, sons w0re not entitled to inherit their deceased father_' s prop0rty, nor1 was a father entitled to appropriate his deceased son s property. In both cases, the property -accrued to the state.7 _ It would be incorrect, nevertheless, to arrive at the conclusion that the trading community suffered from anarchic conditions. The evidence of contemporary British officials suggests that such was far frQm being the case. For example, Kirkpatrick recorded in 1793�� Notwithstanding the narrow spirit which directs the commercial ·concerns of this people,'· the government affords, on the whole, considerable protection to foreign merchants, rendering them in all cases, it would appear, as strict and as prompt justice as the imperfect nature of its general policy will admit •.

Nearly four decades 1ater, in 1831' j Brian H. Hodgson similarly observed;9 Do (the mercantile class of Calcutta). not l<:now •• • that Nepal is now 0 subject to a.wise and orderly Native Govcrrunent that owing to the firm peace and alliance between that Government and the Honorable (East ) Company's, the Indian merchant has full and free ac�ess to NGpal, that the confidence inspirca py the high character of the·n�tive administration, and by the presence of a British.Resident at-the Court, has led.the native.merchants of Benares to establisti several flourishing Kothees·at Kathmandu••• ? The foundations of commercial law were laid in Nepal with the enactment of the first legal code of the Ki ngdom in early'· 185'4. 'I'he code contained a number ofo pr visions relating to property, inheritance and contra.ct"j and insolv0nc..-. In case any one has borrowed money from theo g vern.aent, or from any individual, with or without a bond, he shall-repay the loan from his wealth, if has any or _ else (through the sale of) his houses, lands1 caltle,­ and other prop8rty. If he has no such property, he shall sign-a bond stipulating repayment of the loan in installments. 1 0 151

Any amount outst:inding in the course of business transactions, for wtJ.ich no bond has been signed shall be settled on the basis of the accounts m�intained by the two parties�11

Any d ispute between two merchants in the course of business transactions shall be .se ttlcd on the oasis of the documunt.s in tho possession of both, if they are still alive. If they are de:ad, and any person makes cldm against t heir.sons, it shall be settled on the basis of the accounts and records 1naintainod by both parties, as we:11 as the evidence of people who had knowledge of their business transactions. If no 8Videnc8 or witn8sscs are· availa· ble, the claim shall be dismis sed. 12 The legal code of 1854- thus marks the transition from a legal system dominated by considerations of a lord and pea0 sant economy to one wh..tch took into account the intricaciGs � commercial re;lationships. A. single instance may be suffi­ cient to illustrate the nature of the charge. �ver since thE: time of King i�ai;;a Shah ( 1606-36) the Gorkhali rulers ha.d se t 10 porcent as the maxiwum annual interest that a creditor could charge ·rrom his debtor on money loan's. In ca�es of default, he was enti tlE:d to collect no more than twice tho ari1ount of thG principal in settlement of his claim. 1 3 Such a regulation was p-.:;rhaps justific::d in an ag.rarian soci-.:'ty wh..;;ro the borrower was· usually a poor p8c;1.sant who needed the loan for consumption and the period of repayment was dete.rminod by the proc0ss of the slow-moving cycle of agricultural production. Howev�r, the regul�tion did not take into account the credit needs of a faster-inoving mercantile economy in which both profits and risks operated at a much higher level than in agriculture. The 1854 legal code re::wlved this conflict of interests between the ne eds of subsistence agriculture and comm-=rce in an ingenious way �hrough a distinction between interest and profits. Whereas it fixed the maximum rates of interest on all categories of u1oney loans at the traditional figure of 10 percent yearly, it set no limit to the amount of �rofits that a creditor ·. could claim on commercial loans: 1 In case any person engagGs in tra�e w�th c�p;tal borrowed from a creditor stipulating in writing the payment of a stipulated share of the profits, he may recover the principal amount and profits as stipulated. But if he has stipulated payment of interest, not of profits, he shall be liable to pay only 10 percent as interest. . , . I I It is not po .siblc 'o n the b asis' of avai. lable information: t o determine- h ow effectively these measures were actually en­ forced. N evertheless there soGros little doubt that such l�gislation at least'established norms of commercial behavior Which m ade possible r0course to the courts. 152

·' Notes

1 • John Hicks, A Th...:or-y of Economic History, London: Oxford University Pre ss j 1969 , p. 68. · 2. Francis (Buchanan) Hamilton, An Account of the District of Purnea in 1809-10 , Patna : and Orissa Research Society ) 1 928 ' p . 576 . 3 . Hicks , QR .Cit. p . 36. 4. Thomas Smith, Narrative of a Five Yearsh' Residence At Nepaul (1841 -45) , London� Colburn, 1852, p. 1h39. 5. Brian Hh. Hodgson, •iQn the Law And Legal Practice of Nepal , as regards Familiar Intercourse bGtween a Hindu and an Out­ Cast, n Journal of the :ao�al Asiatic Society of Gre at Britain and Ireland, vol . 1 , 183 , p . 48 . 6. Mahcsh c. Regmi , A Study in Nepali Economic History, 1 768- 1846, New Delhi : Manjusri Publishing House , 1h971 , p . 1 71 7. iiQrde:r Regarding Inh(;ri tance Rights of Ncwars in the Ank.hu­ Gandaki Hegion, " Regmi Research Collection, vol . 26, p . 635. For an account of the Newar community of this region, seo Ge.card Toffin� liThc Peopl8 s cf the Upper Ankhu Khola Valluy, 1 1 Contributi ons to Nepalese Studies, vol. 3, noh. 1 , January 1 976, pp . 34-36. 8. W. Kirkpatrick, An Account of the Kingdom of Nepaul , (rcprir:t · of 1811 0d.)h, N�w Delhi � "iianjusri Publi shing House , 1 969, p . 204 . . · · 9 . Brian H. Hodgson, i'Qn the Commerce of Nepal, 11 in Es;:;ays on the Lan ua es Litehrature and... H.eli,Aion ofh· Tibe t , (reprint of 1 7 ed. , Varanasi ; Bharat-Bharatih, 1971 , p . 98. 11 10. 11 Sahu Riniko (On creditors and borrowers)h, sec. 6 , in Ministry of Law and Justiceh, Shri 5 Sure�dra Bikram Shah­ devaka Shasana,kalama BanckohlViuluki Ain (Legal code enactwd during the reign of King Surendra Bikram Shah Dev)h, Kathlnu1� 1 •. the Ministry, 2022 (1 965) , p . 90 . 11h. Ibid , sec. 1 5, · p . · 92 . 12. 11 Sahu Asamiko; 1 (On crep.itor-s . and debtors ) , sech. 11, ibid, pp . 98-99. t 13. Regmi , � - cj_ , p . 22. 14. 1 i Sahu Tirnako11 ( On rcpayu1ent of lo ans ) , soc. 5, in Shri '> Surendra ••• Muluki Ainh, pp . 93- 94- . 1 53

Bar;,i� Parsa'.i Hautah�1.t� s�.Lrldhi and i'iahottari Districts in 1_,2_48-49 (Exce rpts from a survey report prepared by the Department of Industrio.l a nd Commercial Intc.iligence of the Gove rnment of Nepal during 191+3-49 A.D.).

j The Tarai districts of Bara Parsa, Hautah1 at, Sarlahi and Mahottari a.re situated 1 bet1i ween L:-.ti tudes 26' 35,; and 27'' 25" N and longitudes 84- 37 and H6 ' 10" E. Sta tistics of area and p opulation are as follows.: - District Area Popu�ation (Sq. ·miles) Bara lt28 178,624 ·Parsa 4J4 104,820 Rautahat 378 168 , 226 Sarlahi . 563 129,944 Maho ttari 843 .330, 999 - 91 2,61 3 Total • • • 2, 646

Density of population per square mil e is thus 344.9. Although several rivers flow through these districts, agriculture depends mos tly on rainfall. Masonry dams 118.ve been built on the Hanusmara and the Kakuti rivers'. The number .of hospi tals , Ayurvedic clinics and privatG dispensaries is ·as follows :- District Ho spit_a_ls �rvcdic Private clinics dis12ensaries X 4 Bara 1 Parsa X X X Rautahat ·· 1 X X Sarlahi 1 1 5 Mahottar1· 1 3 X The goverr.ui1ent operates one vernacular school (Pa thshala) ea.ch in Bara, Parsa and Hautahat, 2 in Sarlahi, and 3 in Maho ttari. 'l'here is also o ne basic school in Mahottari. The nu.'Il ber of publ;i.c schools is as follows � - District. High Sc}J.ools Secondari Schools Bara X 1 1 Parsa 1 1 54

Rautahat 1 1 Sarlahi X 1 Mahottari 1 4

There are railway lines from Amlekl1gunj to .ttaxaul, fro::. Jayanagar to Janakpur, and from Janakpur to Bijelpura. The Janakpur-Bijelpura line is clo·sed during t,he monsoon. There are no hard-surface road's. . Birgunj town is developing day by day because it is situated on the main rou te co:rk'1.ecting l".:athmandu with India. Other important settlements are Thori in Parsa dis trict, Ga�1 in ltau tah&t district, M�L::cn gwa in Sarlahi district, and Jau�•• ,. pur in . Agricultu re is the main occupation of the people. Agricultu ral lands are of two ca te_gories � dhanahar (i rrigate..; , and .h,h ith (unirrigated)'. The minimum rates of land tax on lands of these two categories are Hs 5 and Rs 3 respectively in Indian currency. During 1948-49, a·special levy has been imposed in Dara',_ Parsa and Hautahat di stricts at th e rate 01' 1 ½ maunds of paddy on each bigha of land .. ;rhe levy is payabh in cash at the conversion rate of Rs 8 in Indian currency p er maund. In other districts, the levy amount s to Rs 1 and 12 annas per bigha. · Tobacco is cultivated on a large scale in Mahottari district, par'ticularly in the Godar region. The average yieL;. is 10 or 11 maunds on each bigha. Each maund of tobacco fetc:. a price of Indian Rs 100. Cotton is not generally cultivatea, bu t in recent years the governn1ent has made arrangements to supply seeds to farmers throut,h local revenue o ffices. Howev, !, people are not paying much attention to the cultivation of the crop. Musta1·d is growing on a large ::icale in the Chi taun and Thori areas. People from the ad joining hill areas bring ghee and mustard for sale in Thori cl.Del take back salt , iron and spices. At present, exports of mustard have been banned'. The current market price is Rs 21 in Indian currency per maund. Linseed is cultivatecl on a large scale in Bara and Parsa, as well as in Rautahat and Sarl o.hi. Sesame and cast0r are also grown to some ex tent. The cultivation of Ji�n ja has become very popular the ;;;": days. The local price is Indian .Rs 10 to Rs 15 per seer', wl...:.r in India the commodity can be sold easily at Indian Rs �Oto Rs 50, although there is. a stri ct ban on its sale in that country. There is a ban also on the sale of opium, but its cultivation is very profi t:.;.ble. The local pri.ce ranges betw ...... Indian Rs 80 and 160 j whereas in India it can be sold easily at between Indian Rs 200 and Rs 2r-o per seer'. Opium is culti.·. exten sively in Bara and Rautahat districts. 155

Average prices of a:::;ricultural commodities, compiled on th� bais of 10 principal mJ.rkets in the rer;ion, wore as follows in 1940 and 1948:- Indian rupees and annas Co1Tunodity Unit �1 °40 1948 P�ddy Naund Rs 2-12 ns 10-8 6 Rice do Rs 4- Rs 18

Gram do Rs 2-1 2½ Rs 12-8 Raho.r pulse do Rs 4-8 Rs 16-8 Hs Khesari pul se do Rs 3-8 10-8 3- 8 Mas pulse do Rs Rs 17-8 Maize do Rs 4-8 Rs 1 4-8 Millet (Ti-..Od 0)' · . do Ji.s 3-4 Rs 10-8 Mus tard do Rs .5 Rs 21 Linseed do Rs 4-8 Rs 19 Tobacco do Rs 15-8 Rs 99-8 Rs 20 Ganja seer 10 Rs

Prices of selected goods importe.d from India were- as follows' :- Indian rupees ahd annas Description Urtj.t 1940 1948 Sugar Maund Rs 9-8 Rs 15 .2 i"I a tche s G.ross Rs Rs 6-12 Soap Maund Rs 16 . Rs 44-4 .4 oil Tin Rs Rs 18-8 Ke rosene - 8-8. Dhoti Pair Rs 2-8 Rs Sari ·Pair Rs 2-3 R$ 9-

Per capita availabi lity of paddy is as follows :- District Population Cultivated -Total J:13.ddy Per �a' (bigha) IU:.QSLuction capita , {maunds) (maund)

Bara 1 78,624 122,365 2,447,300 8 ·65, 651 Parsa 104,8_20 1,313,020 10 Rautahat 168, 226 9+,-1?4 1,883,480 10

Sarlahi 129,91+4 1 39,193 2 :; 783, 860 15 1 ,062, 300 1 Mahotta ri 3301999 53 , 115 0 The following factories are being operated in this region::- 1. Birgun,j Match Factory: 'rhe factory was started on November 14, 1938 with a capital of I'ndian-R s 175,000 sµbscribed entirely _by 15 Nepali shareholders. There are ?2 workers. The factory produces 100 to 200 gross match-boxes in a 9-hour shift everyday. All but four of the workers and employee s are Nepalis. Wood is _procured locally, while paper and che mi cals are imported from India. The manager complains th,e1 t the machinery has become worn-out. 2. Birgunj Cotton Mill� The mill was started in 1943 with a capital of Hs 700, 000. It has 250 workers and employees, of whom 14 are aliens. lhe mill requires 1,250 bales of cotton and 1 ,620 tons of coal every year, which are imported from India. About 2 bales ·' or yarn are produced daily in a 10-hour shift . The yarn is consumed inside Nepal. 3. Birgun j Electric Supply Cq:rp_oration: This concern has just been · opened and has not yet started supplying power. It plans to generate 225 k.w. of power through diesel engines. 4. 13irgun;j Cigarette Factory� Machinery-is still being installc,, in this factory for the production of low-grade cigarettes. 5. Birgun j Cerami cs Factory: The factory had been started in 1 942 with a capital of Rs 100, 000 , but is now closed. Effort!. had been made ·to float additional shares worth Rs 75,000, but the response was poor. 6. Kailas Rice and Flour Mills in Birgunj: Capital: Rs 250,000. Capacity: l+bo maunds of paddy daily•.Empl oyment: 132. 7. Jagadamba Rice and Flour Miils in Birgunj: Capital: Rs 70,00C . Capacity : 100 maunds -of paddy da'ily. Employment : 2I 1 . • , > I I 8. Gorakhnath Rice and Oil Mills Ltd in ; Sarlahi district : Capi tal: Rs 199, 000. Capacity: 500 maunds of paddy daily. Employment : 50. 9. Mahalaxmi Hice, Oil and FlMahinathpur, Maho ttari di:aric:' , Capital: Rs 2' 0,000. Capacity: 500 maunds of paddy daily. 12. Janaki Rice and .Oil Mills in Janakpur : No particulars are available'. The Nepali currency is not in circulation anywhere in these -five districts. 1 57

Revenue Se ttlement in Tinthapaula, 1825, A . D. . . The Tinthapaula area of Chharkabhot comprised nine villages, each of whom had a headman known as Tolpa'. These headmen collected revenue from the local inhabitants and transmitted the proceeds to the district adininistrator (amali)

through a functionary called Jimmawal. . On Poush Badi 2, 1882 (December 1825) , a royal order was issued revising the revenue settlement in these nine villages und er the th..e.k"."..t.hi.ll. sys tem. Tl-ie 56 househo lds c omprising the nine villages we re made liable to the follow­ ing payments on ,a non-rernissible b.asis �- --Sirto- • • • Hs 1 , 684½ --Asman'...... _i • • • Rs 111½ Total • • • Rs 1;796 .. From this amoun't, the 1'olpas were allowed a commission of Rs 7½, thereby reducing the tax liability to Rs 1,788½ . Iri consideration o f that payment, the. Tolpas were allowed to retain the proceeds of the following taxes and duties ;- (1) .§.�rto, a· tax collected from each household' . ( 2) J:!:za'-:����, literally,' -a tax collected from eaeh individual. (3) Duties on the calves of yaks and stud horses'. 11 (4) -��1:!!!_efa�,' , a tax ·collected on each "roof • (5) Banaulo tax on forests. (6) Chudo. The meaning of this tenn is not .' known. (7) Danda Kunda , or fines and: penalties collected in the course of the administration of justice. (8) Maryo-aput..s!i, intestate property. (9) Chek-Chakui, i.e. fines collected from persons of non-­ sacred-thread-weari ng communities guilty of adultery •. (10) Amilan-Rakam, or payments due to local administrators. (11) Mal-Pota,'. tax on agricultural lands.

The fo llowing sourc;es of revenue were .reserved for th e government unde,r- the thek-thiti arrangements �- (1) _fu!_j_a-Anka , or royal levies.

(2) �alyan-:Qhagi, ·or :treasure t roves. I . ( 3) Fine s' and.penal.ties collected' from persons guilty .of the following crimes:"'! 158

(a) Homicide'. (b) Cow slaughte'r. (c) Armed assault'. (d) Incest with hadnata relatives, and wi th those belong­

ing to the sam.e gotra. .. . (e) Incest with relatives within five generations among Brahman , Hitau , and sacred-thread-wearing Khas cast��'. (f) . Sexual intercourse with women belonging to the cast1:!> mentioned in (e) by slaves. (g) Sexual interc·ourne between members of -dum (untouchabl1.:) and chokha (pure) castes. · (h) Sexual intercourse wi th Brahman women by persons belonging. to other castes. (5) Rahata, or dry rive'rbeds. (6} Bahata, or lands dama�ed by floods or washouts. (?) Iron, lead, copper, manganese , cinnabar and gold depositr.. (8) Provisions (mejmani) and presents (walak) for the Amali'. (9) Levies (mamuli) for religious functions at local temples. (10) Payments due to ( the Raja of) Mustang. The'. royal or<:}.e r also containe d the following instruction.:; ;. ( 1 ) Dd''not collect unauthorized payments , thereby compellini; the local inhabitants to submit complaints'. (2) Reclaim lands and make the �o·untry populous. ·c3) The Amali shall not collect any thing in excess of the stipulated amount , nor shall the· people offer any such payment. (4) If the' . Amali or the Jimmawal coll ect any additional amount, report the matter to us. ( 5) Jimmawal and mukhi as shall attract settlers from outsic.ii: to reclaim virgin f. kalabanjar) lands. . · . (6) Such settlers shall make no payment ·on the reclaimed lands for a period of three years. From the fourth ye(.Lr, . Sirto tux shall be assessed on homestead lands at ratc3, current :in the village . ·rhe ·proceeds or thi.s tax shall be transmitted through the Amali in addition to the amo,..,.� stipulated under this thek-thi ti arrangement •. (?) The Tolpa shall himself transmit the r ev�nue due from his villa��e to the Amali. He shall not use Hulak portl:r:; for this purpose'. (8) In case fines and pe nalties are collected in excess of the amount stipulated for payment as Asmani , the excess amount shall be apportioned equally among the inhabitant; of the village._ The shortfall, if any, shall be shared equally. 1 59

(9) Tax-collectors shall be supplied wi th free provis ions ( bare-baiker) only so long as collection i s not complet ed. Such provisions shall not be suppl4.e d to any visi ting government employee or other person. ( 1 0) The inhabitants of these vil-l ages s hall provide porterage services b y rota ti?n for military supplies, sick persons 7 and cash and supplies m eant for the royal pa lace. They shall not provide por·terage service s t o other persons . If anyone forcibly employs them as porte s, the matter shall be reported -to us'. ( 1 1) Comply with orders issued by the local Amcili and Bhardars in connection with official business •.

( 12) Do not reopen tracks and paths th at have be:en I closed. Arrest people \{�O used such !prohibitBd tracks and paths and hand them over to the local Amali and Bhardars. 1 3) If any pt:.:rson vLJits that area from outside to collect information , repor,t the matter to the local Amali and Bha rdars•' . . The people of these nine villages had submi tted the f ollow- ing complaint to th e'.s0ttlemcnt officers (Janchaki) �- . 11 Thekdars (revenuG farmers) and Jimmawals employ our men, horses and yaks without any wages on the two-month journey . to Ladakh. They do not make any payment for any loss or damage.' · They also take our horses, yaks and Jhowas at half-p'rice. We are sufferin g much from such practices. ii . . . The royal order; therefore, forbade such prac tices •' . It decreed; "In the future, visit Ladakh only to procure goods specified by us in orders s�nt through the Jimmawal. Do not Provide porterage s ervices to other persons for their trade. B ourses, yaks and Jhowas shall be paid for at prices speci1 fied by .Panchas. Force shall not be us.ed i_n such transactions . i 11 . Wi th rega.!.·d to trade, _the royal .order prescribed: Traders Shall engage in trade only in areas customarily assigned to them (rekh). 11 Outs iders shall not forcibly encroach upon such , .t.,e kh rights • "The order concluded: 11Any person who acts in contravention of these arrangements and regulations (thiti1 1 -bandej) shall ,.be punished according to his caste status . ·n.,egmi Re search Collection, vol. 34, pp. 676-81 . ***l(:,C:******* 160

Kathrnahals in the Tara� and Inner Tm_i Regions at the end of the ·Nineteenth Century gthmahal District 1 • Kosi-Purwari �lorang 2. Kosi-Pachhuwari Saptari, 3 •. Kamala do . .4 . Bhanwarpura i"iahottari 5. Tinpatan SindhUli 6. Chhatauna · Rautahat 7 . Jamuni Bara 8. Chhapkaiya Parsa 9. Riumadi Chitaun 10. Tribeni Butaul 11 • Banaganga do . 12. Dunduwa Dang 13. Rapti Banke 14. Babai Bardiya 15. Karnali Kailali 16. Mahana do . 17. Mahakal i Kanchanpur 18. Gus;3.ri do . (Kathmahal means an establi'shment for the export o f timb� r of twelve main varieties, including sal (shorca robusta) and · sis so (dalbergia sissoo) ,· with·a di ameter o·f mo re than th1'.:\J. feet. The export of timber of smaller sizes was handled by' . sepa rate establi shments known ·as fhingurl-Mahal).