PUBLIC RECORD OFFICE
Reference:
CO. 882
4PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Fresh guarantee may be required.
u:
Labourers
estate
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tee is given in regard to immigrants engaged to job contractors in India, and for whom the guarantee is given on their arrival; in other cases where the guarantee given at the commencement of the engage. ement it shall be by writing signed before and authen- ticated by the stipendiary magistrate before whom the contract of service is passed.
It shall be given by the proprietor of the estate on which the labourer shall be intended to work, or by the lessee thereof, in case of its being let; and it shall be by way of a joint and several obligation on the part of such owner or lessee along with the job contractor for payment of the wages, rations, lodging, and medical care of the said labourer during such time (not being longer than that mentioned in the' contract of service) as he shall be employed in working for the said owner or lessee.
The amount of the guarantee shall be limited to the sum payable by the owner or lessee, to the job contractor under the contract between them; and for this purpose the monthly value of the rations, lodging, and medical care shall be estimated at 128. sterling.
The guarantee shall, as nearly as may be, be in the form of the Schedule No. 35.
237. In case the person giving such guarantee shall during the currency of the contract of service die, or shall become bankrupt or insolvent, or shall from any cause cease to be owner or lessee, as the case may be, of the estate to which his guarantee applied, the stipendiary magistrate, on such fact coming to his knowledge, may and shall require the new owner or lessee of the estate, or in case of bankruptcy or insolvency the person administering the estate, to subscribe a fresh guarantee for the wages and others aforesaid of the labourers being new immigrants, engaged to any job contractor and employed on the estate as aforesaid, and in the event of such guarantee not being found, the magistrate may and shall cancel the contract of service of the immigrant, unless the job contractor shall secure his employment on another estate under the conditions provided in the next article of this Ordinance.
238. In case any job contractor shall wish to have employed on any labourers being new immigrants engaged to him, mentioned in employed on an estate to which the guarantee afore- said shall not apply, a fresh guarantee to the effect and in the form as herein-aforesaid shall be given by the owner or lessee of such estate for the wages of the labourers aforesaid who may be employed thereon.
guarantee.
of labourer without guarantee.
Such guarantee shall be by writing signed before and authenticated by the stipendiary magistrate of the district within which the men are to be employed as aforesaid.
239. Every job contractor by whom any labourer Penalty for employment being a new immigrant, under a written contract of service, shall be employed on any estate without a guarantee as herein-before specified, shall incur a penalty of 28. stirling for each day, or part of a day, during which every such labourer shall have been employed by him without such guarantee.
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vered.
240. The said penalty shall be recoverable before How penalty the stipendiary magistrate of the district in which to be reco- such employment shall have taken place; whose judgment inflicting the same shall be final in all cases where the amount of the fine shall not exceed 101. sterling, for every labourer so unlawfully em- ployed, but shall be subject to review by the Supreme Court when the amount is above the said sum.
notwith-
841. When any labourer aforesaid shall seek to Owner or recover payment of his wages fin any person in lessee liable virtue of the guarantee aforesaid, it shall not be a on guarantee lawful answer to such claim that the owner or standing lessee bas already paid to the job contractor all or payment to any sums due under his contract with such job con- contractor. tractor
TORRONT VIL.
12.
152144
242. Whenever any servant shall seek to recover Stipendiary.. wages or rations, or other allowances under his con- magistrate-
to have juris- tract of service from any person not being his master, diction in in virtue of any guarantee of such wages or rations claims for aforesaid, the stipendiary magistrate having jurisdic- wages under tion to adjudicate on the claim by the servant against guarantee. the master shall also have jurisdiction to try, decide, and give judgment upon the claim made against the persons so guaranteeing the wages and others aforesaid.
MA
The law and regulations as to the procedure for adjudicating on and recovering such wages and rations aforesaid when claimed from the master of the said servant shall apply to proceedings for recovery thereof from the person so guaranteeing the same.
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243. Every labourer being a new immigrant who Wages of shall have worked on any estate under contract of new immic service with a job contractor shall have the same grants en privilege over the said estate as if he had been aged to
job contrac- engaged to the owner thereof to the effect of securing tors, privi- payment of his wages for all the time during which leges as debt he shall have laboured on such estate, but provided on cetate on which they that the amount recoverable under such privilege work. shall not exceed the amount payable by the owner
of the estate to the job contractor as provided in article 236 hereof.
244. Whenever any job contractor shall be desirous Transfer of
to transfer the servants engaged to him as aforesaid labourers from one estate to another estate, or from one district from one to another district, it shall be lawful for him to do so another. under the following conditions:
1. That if the servants are to be transferred from one estate to another estate in the same district the guarantee of the proprietor of the catate to which the servants are to be transferred be first obtained in manner and form, and for the pur- poses as aforesaid. That nothing be due to the servants on account of work performed on the estate from which they are to be transferred, and that the stipendiary magistrate of the dis- trict after having been duly satisfied that the two above-mentioned conditions have been ful- filled, and that the servants are willing to work on the estate, to which they are to be trans- ferred, shall give his written consent to the transfer.
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