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CHAPTER XIII,
ordinarily to blame. While therefore the court will be in a position
to assist in the recovery of fair loans, it should regard itself as the
protector of the poor against extortion and their own foolishness. For
this reason, we suggest that the possibility of appointing special courts,
as is done in the case of the Workmen’s Compensation Act, should be
considered. As under that Act, it should be possible for a party to make
an appearance by a legal practitioner or any other person authorised in
writing.
Class of Workers to be Covered.

We anticipate that one of the main difficulties in working out the
scheme in detail will be to specify the classes to whom it can be applied.
Our point of view is limited by our terms of reference to industrial
workers, and we are, therefore, unable to say how far the scheme, which
seems to us to be specially suited to them, can be adapted to a wider circle.
If it is found on examination that the scheme cannot be applied to the
poorer classes of the population generally, it will be essential to frame
a precise definition of industrial workers, and it may be necessary, in the
first instance at any rate, to limit the operation of the Act to scheduled
industrial areas with power to extend it to other areas. If a monetary
limit is required, we suggest that the scheme should be applicable only to
workmen in receipt of wages or salary of less than Rs. 100 a month.
Old Debts.
The question of debts incurred before the passing of a measure
of this kind deserves consideration. It can be urged that it is inequitable
to apply fresh restrictions on the recovery of money lent while these
restrictions were not in force or even contemplated. On the other hand,
it is certain that, if special measures to limit the extent of recovery of
old debts are not adopted, there are many workers who will have no
prospect of securing freedom. Further, in many cases the loans have
been lent without regard to their effect upon the debtor. It would be
possible to grant a period of grace, for example, two years before the new
legislation took effect, but we fear that this would be made the oppor-
tunity for a flood of litigation. Our recommendation that the oldest
debts should have preference will give protection to reasonable loans
incurred in the past, and we must regard the grant of credit to an extent
greater than the amount we propose to make recoverable as ordinarily
unreasonable. The greatest concession we would make therefore would
be to allow, in respect of applications made during the first three years
of the operation of the Act, the amount recoverable to be based on three,
instead of two years’ income and expenditure and the maximum period
during which decrees could remain effective to he four vears instead
of three.
Periods of Limitation,
Apart from new legislation of this kind, we recommend that the
question of the period of limitation for debts and the period within which
a decree may be kept alive under the ordinary law should be re-examined.