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| PUBLIC RECORD OFFICE
Reference :---
C.O. 882
8 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO!
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fine not exceeding five rupees or to imprisonment with hard labour not exceeding one month. He shall also be liable to the prolongation of his contract for the ten or more days that he has been unlawfully absent, and for such period as he may be sentenced to imprisonment. Every charge for any offence committed under this article shall be made in the form of Schedule No. 1, and shall be entered within six clear days from the date on which the offence has been committed, so that the servant may have every opportunity to defend himself.
The "carnet" which is kept on estates shall be considered as an official document and shall be open to the inspection of the Stipendiary Magistrate and of the Protector. It shall be kept in ink, and the Stipendiary Magistrate shall refer to it in all cases of prosecution for habitual idleness and when the illegal absence is disputed by the servant."
Article 117 repealed and replaced.
8. Article 117 is repealed and replaced by the following: "117. Any servant whose contract has been prolonged by the Stipendiary Magis- trate shall be bound to render the same, and in the event of his refusal he shall be liable to a term of imprisonment not exceeding 14 days with hard labour, and on the expiration thereof, if he still refuse, he shall be liable to a further term of imprisonment with hard labour not exceeding one month.
Should he on the expiration thereof persist in his refusal to work he shall be condemned to two months' imprisonment with hard labour for every year or fraction of a year his engagement has to run and his engagement shall be cancelled."
Prolongation of contract in certain
cases.
9. Any servant who is charged with and imprisoned for any offence shall be liable to the prolongation of his contract for the number of days that he has been in custody awaiting trial and for the period of imprisonment to which he has been condemned, Sundays and estate holidays inclusive, provided such prolongation shall not exceed the remaining term of his engagement and the employer is willing to take back the
servant.
Addition to Article 133 (1) of the Labour Law. Labour Law :--
10. The following paragraph is added to the proviso of paragraph (1) of Article 133 of the
If the servant is, in the opinion of the Prison Surgeon, unfit to travel, the gaoler or the Chief Officer of the prison shall in the said notice inform the employer or master of such fact, and further, that the servant will be sent to a public hospital, where he will remain at the cost of the employer or master until the medical attendant of such hospital directs that he be returned to the estate hospital under the care of a policeman.
Article 138 of Ordinance No. 12 of
1878 repealed and replaced.
Discharge from contract of service.
11. Article 138 of Ordinance 12 of 1878 is repealed and replaced by the following:-
138-(1) If after his arrival in the Colony any new immigrant is found by the Pro- tector not to be an agricultural labourer and unfit in consequence to fulfil the conditions of his contract, the Protector may request the Stipendiary Magistrate to cancel the engagement of such immigrant, and in such case the cost of his intro- duction (proportionate to the unexpired term of service relatively with the whole term as stipulated in the contract) shall be refunded by the Government to his employer or master."
"(2) The Protector may further request the Stipendiary Magistrate to cancel the engagement of any new immigrant who, in the opinion of the Protector, has any good and sufficient reason for desiring to obtain his discharge, provided that in such case the cost of the introduction of such immigrant (proportionate to the unexpired term of service relatively with the whole term as stipulated in the contract) shall be previously refunded by such immigrant to the Protector for the benefit of his employer or master."
Repeal
Short title. ment) 1907."
12. Article 59 of Ordinance No. 12 of 1878 is repealed.
13.
This Ordinance may be cited as "The Labour Law (Amend-
}
SCHEDULE No. I.
(Article 116 of Ordinance No. 12 of 1878 as replaced by Article 7.) INFORMATION AND CHARGE Against an HaBITUAL IDLER.
The information and charge of
the
of
in Mauritius, taken estate, in the district of before me the undersigned, acting as the Stipendiary Magistrate in the said district,
who saith that the immigrant
+
10
has
this
day of No. being then under written contract of service on the said estate, was absent therefrom without lawful excuse on days in the month of to wit, on the
by means whereof the said become an habitual idler under the provisions of Ordinance No.
day of Exhibited before me on the
of 19 at
A. B., C. D., Stipendiary Magistrate.
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