#BENGAL INDIGO CONTRACTS ACT, 1836 

##ACT NO. 10 OF 1836 

[11th April,1836.]

I. It is hereby enacted, that Clause Third, Section V., Regulation VI., 1823, of the Bengal Code, be 
repealed. 

II. And it is hereby enacted, that  whenever the  right to Indigo Plant may be contested, and an order 
shall be passed, under the provisions of  Clause  Ninth, Section III., Regulation VI., 1823, of the Bengal 
Code, for the delivery of Indigo Plant to one of the parties claiming the same, such party shall not be allowed 
to cut or  remove the Indigo Plant  until be shall have given sufficient security  to the satisfaction of  Court  
trying  the case, to make good any claim that shall be ultimately established  to such Indigo Plant whether 
arising from a prior right  to the produce of the land, or from an arrear of rent due on account of the specific 
parcel of  land from which the Plant  may have been produced.

III. And it is hereby enacted, that when a lawful contract shall have been made between a ryut and 
another party, by which contract the ryut shall have bound himself to cultivate Indigo Plant for the other 
part, or to deliver Indigo Plant to the other party, and when the other party shall have advanced money to 
the ryut for the purpose of enabling the ryut to fulfill such contract, then if any other person, knowing that 
such contract exist, and that such advance has been made, shall prevail upon the ryut to break such contract, 
the party who made the advance shall be entitled to proceed by civil action against the person who shall 
have  so  prevailed  on  the  ryut,  as  well  as  against  the  ryut,  and  to  recover  from  him  or  them,  jointly  or 
severally, damages to the extent of the injury sustained, together with  costs of suit.

     Provided,  always,  that  nothing  in  this  Section  contained  shall  be  construed  to  give  a  right  of  action 
against any person in consequence of any act, which that person may have done for the purpose of procuring 
payment of a debt, or performance of a lawful contract.

IV. And it is hereby enacted, that the Court trying any suit instituted  under the provisions of Regulation VI., 
1823, of the Bengal Code, or under  the provisions of this Act, shall be authorized to examine both the 
plaintiff and the defendant whenever the Court shall deem such examination necessary to the ends of justice; 
and if the award be in favor of the defendant, to assign to the defendant a  sum which may be a compensation 
to him for the expense and  loss of time occasioned by the proceeding.

V. And it is hereby enacted, that it shall be competent to a Zillah or  City Judge, to refer to a Principal 
Sudder  Ameen  or  Sudder  Ameen,  according  to  the  amount  of  their  respective  jurisdictions,  any    suit, 
whether regular  or  summary,  which  may  be  instituted  under the  provisions  of Regulation VI.,  1823,  or 
under the provisions of this Act, to be enquired into and decided by the said Principal Sudder Ameen, or 
Sudder Ameen,  in the same manner, and under the same rules,  as such suit may be enquired  into and 
decided by a Zillah or City Judge, any thing in the existing Regulations to the contrary notwithstanding.