Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
31. Sambhuya samuthana (joint venture)
The subject of vyavahara like the sharing of dividend in joint agricultural ventures, joint business ventures at are called "Sambhuya samuthana". Among this the sharing of profit or loss are introduced. Brihaspati Says, those who are not entitled to do business are the following- joint ventures must not be done with people who are week, sick and lazy. The people born in noble families, skilled persons, scholars, enthusiastic people, those who know
193 very well to handle the revenue and expenses can be considered for joint ventures. Narada says the profit from the joint ventures should be divided by themselves after calculating the share on the basis of business. This should be done without any quarrel among themselves. In this connection if there is dispute arise it should be solved by vyavahara. Dispute is caused in the joint venture, it should be create by the people who are involved in the business activity. Brihaspati Says, if some people start joint ventures such as agricultural activity, trade etc anybody tries to cheat them, the vyavahara will determine through the satya pramana. Yajnavalkya Says, if dispute arises in joint venture the problem should be solved by Satyapramana or saksivistara. The person responsible for disputes will be removed from the joint business. In joint venture if more expense is incurred due to any mis-happening from king or god, then the loss should be shared by the members of the joint ventures. In the joint business if it faces any loss due to the activity of a member such as
194 disobeying or taking wrong decision, then compensation has to be given to each and every member. Narada says, In the case of damages to the properties in joint ventures by theft, fire, king etc, one among the person involved in the business helps to compensate the loss he should be given 1/10 of the profit. In joint ventures if one among them passes away, his portion of share should be given to another member and he can lead his business, otherwise the members should share it. Brihaspati Says, when the profit is divided in joint venture, one share should be given to the king. For Brahmana it is 1/20, for Ksathriya 1/6,for Vysya 1/9 and for Sudra 1/12. If none is seen to take the owner ship of an escheat after the death of its owner, the king should look after the same for three years. Afterwards if no one comes with the evidence of the owner ship it could be kept under the custody of the King. The property owned by dismissed person, could be kept under the custody of the King for ten years. Meanwhile if no one comes with the evidence of the ownership, the King has to take the property under his custody. If he
195 performs like this, the Dharma of the King would not decline. In Yaga Rtvik cannot perform his duty in accordance with irritation then the other person should perform the same duty with daksina. The joint venture for agriculture should also deal with farmers, labours, seeds, oxen and plough. The following types of places should not be taken for joint ventures of farming- the places near mountains and towns, the places having paths or Rajamarga and also the places where so many rats live. The agriculture lands most suitable for farming are the land beside the pond, the land having more irrigation facilities, the fields surrounded by vegitation and the soil suitable for easy ploughing. The oxen have to be very healthy for using in agriculture. The following oxen should not be used for agriculture. Very thin, old age, diseased, disobeyed, cruel, handicapped and blind oxen should not be used for farming. These factors are called the Dharma or duties of farmers.
196 Now, there is mentioning about the sharing of diligence among artisans in a joint venture. They have to get the wages according to their job. Katyayana Says, that the artisans are divided into four types Viz- Siksaka, Abhijna, Kusala and Acarya. The one who is making the job done is Siksaka, the one who knows about the advantages and disadvantages is Abhijna, the one who does the work is Kusala, and the one who knows about idols and teaches about them is Acarya. In this type of work, Acarya will have four share, the person doing work will have three shares, the person who supervise the work have two shares, and the person who makes the work done have one share respectively. Brihaspati says that in the same way, in the case of artisan life, making temples, palace etc the prime artisans will get the gifts of precious things of which more than half part of the gift should be given to the leader of artisan. In the same way black smiths also apply this procedure
197 Katyayana Says In the same way, in the case of arts like dance forms including Mohiniyattam, Bharathanatyam etc the dividends should be shared among the artists in the following way- the person playing music instruments should be given half of the money received and the balance should be equally divided among others. Katyayana says, The duties of thieves in the implementation of deeds is as follows, that is after plundering the enemy's country, half or 1/10 of the wealth should be given to the King's treasury and the balance should be divided among the thieves according the customs. By these Katyayana is intending to say that there are systems even in the case of thieves. Among the above mentioned thieves, the leader has to take 1/4 parts, the member who is clever and brilliant as warrior has to be given two or three parts. The remaining portion should be divided among others. If any robber goes to rob another country and he is caught by enemy, in order to release him the quarter part of expense incurred for his release should be met by the leader of the same country.
198 In a joint venture anybody seems to be the leader will have the full authority over the liability and responsibility are considered by all the other members.