PUBLIC RECORD OFFICE
Reference
mwimwim PEPNICO. 882
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Illegal
absence-
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only such as shall be of immediate necessity for the care and feeding of animals, and any employer con- travening the provisions of this article shall be liable to a penalty not exceeding 101.
111. No servant engaged for field labour shall be bound to work more than nine hours per day, exclusive of one hour for breakfast.
CHAPTER VIII.
ILLEGAL ABSENCE AND DESERTION.
112. Any indentured immigrant who shall without lawful excuse absent himself from his work shall be penalties for. guilty of an unlawful absence, and be liable either- (1.) To forfeit to his employer two days wages
for each day of such unlawful absence; or (2.) If the employer elects to complain, the sti
pendiary magistrate may order the immigrant to make good the time of absence by a pro- longation of his contract by an equal number of days.
Deductions
on account
of illegal
absence not
Provided that the employer, manager, or book- keeper of every plantation or other establishment shall, in his pay book, make a special entry of each day's unlawful absence, and shall every month within four days from the pay day make a return to the stipendiary magistrate in the form of Schedule No. 23, stating the days on which such unlawful absence occurred, and a declaration of the remedy of which the employer elects to avail himself.
Provided also, that should such return not be sent as aforesaid every month to the stipendiary magis- trate, the employer or manager so offending shall for every such offence be liable to a fine not exceed- ing 51.
113. No such return as is in the preceding article provided shall be impugned by any immigrant unless the immigrant impugning the correctness thereof shall lodge his complaint in that behalf before the stipen- pugned be diary magistrate within a period not exceeding seven days from the pay day at which the deductions com- plained of have been retained.
to be im-
yond seven days.
All prolon- gations to
be reported to Protector.
Habitual idlers.
Penalty for refusing to work on pro-
114. The stipendiary magistrate shall in all cases of unlawful absence in which the employer shall elect to avail himself of the prolongation of the contract, after endorsing the extent thereof upon the contract as provided by article 107, mark the monthly return received from the employer, with his initials or his stamp, and transmit the same to the Protector.
115. Any male immigrant under indenture who shall be unlawfully absent from work on 14 days in any one month, or on 14 consecutive days in any two months, or on 24 days in any two con- secutive months, shall be deemed an habitual idler, and shall be guilty of an offence, and on conviction shall be imprisoned for any term not exceeding three months; and every charge for any offence under this article may be in the form of Schedule No. 24.
116. If the employer, instead of deducting the amount of two days wages, shall elect to have the longation of contract prolonged by the number of days equal to contract on the number of days of absence, the immigrant shall account of be bound, on the sentence of the stipendiary magis.
illegal
absence.
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میر
trate, to render the same, and in the event of his refusal, he shall be liable to imprisonment for a term not exceeding 14 days, and on the expiration thereof, if he still refuse, he shall be liable to a further imprisonment for any term not exceeding one calendar month, and on the expiration thereof, if he still persist in such refusal to work, he shall, by order of the stipendiary magistrate, be sent to the Vagrant Depôt to be dealt with as an incorrigible rogue.
No employer who has elected to deduct two days wages on account of unlawful absence, shall, after the stipendiary magistrate has decided that such deduction was improper, have the right to claim prolongation on account of such absence.
contract.
117. No such forfeiture, imprisonment, or pro- Penalties for longation respectively as in the last articles provided absence not shall be incurred unless the wages of the immigrant the employer applicable if shall have been duly paid in accordance with the has not per- provisions herein-after enacted in article 166 of this formed his Ordinance; or unless the complaint against the im- part of the migrant, on account of such absences, be lodged before the stipendiary magistrate within seven days after the pay day next succeeding such absences.
Further, no such forfeiture, imprisonment, or pro- longation shall apply if the employer shall have refused an application for payment of wages lawfully due to the immigrant before the time of such
absence.
118. Any immigrant under indenture who shall Desertion. be unlawfully absent from his work and shall in addition, without justifiable excuse, abscond from his dwelling-place for more than three consecutive days, not reckoning Sundays, shall be considered a deserter, and the manager shall thereupon forthwith give notice of such desertion to the police at the station nearest to the plantation from whence the desertion has been, and further shall proceed to prefer a charge against the deserter in that behalf before the stipendiary magistrate of the district in form of Sche- dule No. 25, and to apply for a warrant for his ap- prehension. Such warrant shall be granted free of cost, and shall be directed to all members of the police force or constables. A copy of such warrant shall be sent or delivered by the magistrate to the police inspector of the district wherein such charge is made, and any copy thereof certified under the hand of the said inspector of police shall be exe- cutable in the same manner as the original warrant.
119. The stipendiary magistrate shall at the All war- beginning of every week report to the Protector the rants issued names of all immigrants for whose arrest as deserters against
deserters to he may in the preceding week have issued warrants, and the Protector shall enter the names of all de- to Protector.
be reported serters so reported to him in a book which he whail keep at the Immigration Office for that purpose, in the form contained in Schedule No. 25.
ferred within
120. Every manager who shall not prefer a charge Charge in the proper form before such stipendiary magis- against trate against any immigrant under indenture who desertera,&c. shall have deserted within seven days after such must be pre- immigrant shall have become a deserter shall thereby seven days. forfeit any and all the remedies by this Ordinance in such cases provided, and no entry shall be made in the Protector's register of defaulters in respect of any
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