The Bengal Indigo Contracts Regulation, 1830
Bengal Regulation 5 of 1830
WB411
[9th June, 1830.]
A Regulation [* * * *] relating to the cultivation and delivery of indigo-plant.
1. Preamble. - [* * * * * *]
whereas it is desirable in certain cases to afford persons who may be unwilling to renew their contracts for the cultivation of indigo the means of obtaining, by summary process, a release from their engagements;
the following rules have been enacted, to be in force from the date of their promulgation throughout the territories subject to the Presidency of Fort William.
2. Criminal prosecution of persons including raiyats to break contract. - Repealed by Act 8 of 1868.
3. Cultivators failing to fulfil engagements liable to imprisonment. - Repealed by Act 16 of 1835.
4. Punishment of persons damaging indigo-plant. - Repealed by Act 3 of 1857.
5. First. - Procedure by persons wishing to be released from their engagements. - Any person who, having received advance under a written agreement for the cultivation of indigo, shall be desirous, on the expiration of the period of his contract, to settle his account, shall be at liberty, in the event of the proprietor of the factory, or the person acting in his behalf, refusing to settle the the same, to present a petition to the Zila Court.
and the Judge, after a summary inquiry, in the presence of the parties or their authorized agents, into the merits of the case, shall, on proof of the expirations, of the contract, and of there being no balance due from the petitioner, or if the petitioner shall deposit in Court the amount of any balance that may be adjudged to be due from him, grant the said petitioner a release from his engagement, and shall pay over the amount of any balance that may be deposited by him to the proprietor, or to the person acting in his behalf.
Second. - Procedure if proprietor objects to receive balance. - If the proprietor or person aforesaid shall refuse to receive the balance awarded to him by the summary process above provided, the Judge shall return the amount to the petitioner, leaving the defendant to seek his remedy by a regular suit.