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A pramāṅgī from Dilamāna Rānā re the tender process of the gambling license at the market square of Asana (VS 1959)

ID: K_0499_0041


Edited and translated by Simon Cubelic in collaboration with Rajan Khatiwoda
Created: 2015-06-12; Last modified: 2023-01-25
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Published by Heidelberg Academy of Sciences and Humanities: Documents on the History of Religion and Law of Pre-modern Nepal, Heidelberg, Germany, 2017. Published by the courtesy of the National Archives, Kathmandu. The copyright of the facsimile remains with the Nepal Rashtriya Abhilekhalaya (National Archives, Government of Nepal). All use of the digital facsimiles requires prior written permission by the copyright holder. See Terms of Use.
The accompanying edition, translation/synopsis and/or commentary are available under the terms of the Creative Commons Attribution-ShareAlike 4.0 International License CCby-SA.

Abstract

This document records the decision of the commander-in-chief regarding a petition made by Kularatna after he missed the deadline for submitting a bid for the reassignment of the gambling license for the market square in Asana in VS 1959 (1902 CE) and wherein he asks to be allowed to participate in the selection process. In the first part of the document the opinion of the Apīla Aḍḍā regarding the case is quoted. It is followed by a statement of Buddhī Bahādūra, a clerk at the Guṭhī Jā̃ca Aḍḍā, who argues that the participation of Kularatna would violate the prescribed procedure. Finally, the decision of the commander-in-chief is quoted to the effect that Kularatna be allowed to submit his bid, but instead of a formal tender process the bidders should be assembled and the license be auctioned off.



Diplomatic edition

[1r]

1श्री\­

1श्री­अंनपुर्णा­
2१­

1श्री­कम्यांडर‌­इन­चीफ­जन
2रल­¯¯¯¯¯¯¯
3२­

1५९­साल­आश्वीन­सुदी­६­रोज­३­मा­
2¯ ¯१ ¯का­चार­कील्लाभीत्रका­असन­डवुलीको­वालमा­वढावढको­पुर्जी­टासीयाकोमा­
3१­दीन­वाकी­म्यादमा­मेरा­सराध्ये­गर्नु­पर्ने­हुनाले­अवेरा­अडामा­भंन­जादा­अडा­उठीसकेको­हुना
4ले­पालेलाई­भनी­जाहेर­गरेको­छु­वढावढ­गर्न­पाउ­भनी­कुलरत्नले­वीन्ती­चढाउदा­वढावढ्‌­
5गर्न­पाउने­रहेछ­भने­ऐनवमोजीम्‌­वढावढ्‌­गर्न­दीनु­भनी­गुठी­जाँच­अडामा­पठाई­दीनु­भंन्या­म
6र्जी­भयाको­छ­भंने­वेहोराको­अपील­अडाको­पुर्जी­भै­आयाकोमा­१­दीन­वाकी­म्याद­व
7सेका­दीन­अडा­सकेपछी­अडामा­रातीज­कुलरत्न­आई­वढावढ्‌­गर्न ­पाउ­भनी­उजुर­गरी­
8गयाको­रहेछ­अडा­नउठीसकेपछी­आयाको­हुनाले­ऐनले­वढावढ्‌­गर्नु­नहुने­जस्तो­देषीं
9छ­सावीक­कवुल­गर्ने­मेहेरमानका­नाउमै­म्याद­गुज्रेको­सदर­गरिवक्स्यो­तर­तेसै­दीन­उजुर­ग
10र्न­कुलरत्न­आयाको­हुनाले­वढावढ्‌­गराउने­जो­मर्जी­भनी­गुठी­जाच­अडाका­राईटर­वुद्धी­वहा
11दुरले­¯ ¯२ ¯­साहेवका­हजुरमा­वीन्ती­चढाउदा­जुवामा­पासा­थापनु­पर्ने­र­तेसै­दीन­उजुर­
12गर्न­आयाको­हुनाले­म्याद­टासीरहदा­दसैका­वीदामा­परेको­र­जुवा­आषीर­भै­म्याद
13ले­नभ्याउने­भयाको­हुदा­ऐनवमोजीम­वढावढ्‌को­म्याद­टास्नु­पर्दैन­कवुल­गर्ने­मानीस
14हरु­अडामा­ज्मा­गरी­रोहवरोमा­वढावढ्‌­गराउनु­जस्ले­वढी­कवुल­गर्छ­उस्‌का­नाउमा­
15तेस­अडाको­वाहालीको­पुर्जी­गरीदी­पछी­रपोट्‌­सदर­गराई­लीनु­यस्मा­वात­लाग्दैन­
16भनी­गुठी­जाच­अडामा­पठाईदीनु­भंने­¯ ¯२ ¯­साहेववाट­मर्जी­भयाको­छ­भनी­प्रमांगी­
17कपतान­दील्मान­रानाले­सहीछाप­गरेको­छाप­¯ ¯ ¯

[seal of Dilamāna; at the bottom-left margin]

[seal of Dilamāna; at the bottom-right margin]

Translation

[1r]

Śrī

Venerable Annapūrṇā – 1

Venerable commander-in-chief general – 21

On Tuesday, the 6th of the bright fortnight of Āśvina in the [Vikrama] era year [19]59 (1902 CE).

A note from the Apīla Aḍḍā [earlier] arrived with the following details: Kularatna has submitted a petition saying: "‘In the matter of the note posted for the bidding process for renting the market square of Asana within the four boundaries of -1- (i.e., Venerable Annapūrṇā [Guṭhī]), given that I had to perform a death ritual (śrāddha)2 on the last day before the deadline, and since the Aḍḍā had already closed when I went, [too] late, to tell this to it, I informed the watchman, [so please] let me participate in the bidding.’ [The following] was ordered: if he is eligible to bid, let [him] make a bid in conformity with the Ain and send his bid afterwards to the [Guṭhī] Jā̃ca Aḍḍā. Buddhī Bahādūra, the clerk of the Guṭhī Jā̃ca Aḍḍā, informed -2- (i.e., the commander-in-chief general), saying: "Kularatna came to the Aḍḍā in the night when the Aḍḍā had already closed, on the day which was the last day of the deadline [period] and made a petition, saying: ‘[Please] let me participate in the bidding.’ It seems that according to the Ain we should not let him participate in the bidding, since he arrived when the Aḍḍā [already] had closed. You gave post-deadline approval in the name of Meheramāna who had earlier promised [a sum in the bid], but since Kularatna came that same day to make a petition, whatever order [you give] in the matter of the execution of the bidding [we shall obey]." -2- (i.e. the commander-in-chief general) sāheba has ordered [the following]: "Since he came on the same day to make a petition as the dice for gambling had to be arranged and since it was during the Dasaĩ holidays that the deadline had been posted, and since a [new] deadline cannot be announced, given that [the days left for] gambling are coming to an end, a [new] deadline for the bidding need not, according to the Ain, be posted. Assemble the people who have promised [a sum] in the Aḍḍā and carry out the bidding in their presence. Issue an appointment letter from the Aḍḍā in the name of the person who promises the highest [sum], and later obtain approval of the report [sent]. In this matter you will not be blamed. Forward it (i.e., the report) to the Guṭhī Jā̃ca Aḍḍā." This has been signed and stamped by Captain Dilamāna Rānā.3


Commentary

This document is the first one of a series of four documents that have to do with the tender process for issuing a gambling license for the market square at Asana for the years VS 1959–1961 (1902–1904 CE) (cf. K_0499_0041, K_0499_0047, K_0499_0048). Like the other three documents, it shows that the procedures prescribed for concluding revenue-farming arrangements in the Mulukī Ain of VS 1945 were being put into practice (cf. M. C. Regmi 1980: 65 ff.). However, it is noteworthy that such procedures could still be altered by order of the prime minister. Indeed, petitions such as the one recorded here may have played a decisive role in influencing just how the state law was implemented.


Notes

1. At that time, it was Candra Śamśera Jaṅga Bahādura Rāṇā. []

2. Text: sarādhye. []

3. The seal of Dilamāna Rānā has been affixed to the beginning and end of this line. []