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Report No. 76

1.15. Regulations in Bengal and Madras.-

Much more comprehensive was the set of provisions in Bengal Regulation 16 of 1793, which, inter aiia,1 provided for the reference by the court to arbitration with the consent of the parties in suits for accounts, partnership debts, breach of contract, where the valuation exceeded 200 sicca rupees and the like. Procedural provisions this time were very elaborate, and, after the extension of this Regulation by subsequent Regulation in 1803 to Banaras and to the ceded Provinces, the territorial application of the Bengal Regulation of 1793 covered a pretty large portion of so much of Northern and Eastern India as had, by the time, come under the British Rule.

Regulation 6 of 1813 extended the Regulation of 1793 to disputes relating to land. In the meantime, Madras Regulation 4 of 1816 gave certain powers for calling in Panchayats for settling disputes; Madras Regulation 5 of 1816 was intended to encourage awards by village panchayats and provided machinery for working out the scheme. The scheme contemplated awards by village panchayats with compulsory service for a villager on a panchayat and was administered through the village Munsiff-later by the District Munsiff.

1. Sircar Law of Arbitration in British India, (1942), p. 6.

Arbitration Act, 1940 Back

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