Report of the Royal Commission on Labour in India

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Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIII. - Indebtedness

Collection:: Economics Books

234 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.

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