(b) advertises any ship for the conveyance of pilgrims, or offers to convey pilgrims by any ship, or sells or promises or permits any person to sell passage tickets to pilgrims for conveyance by any ship, without having first supplied the particulars required by sub-section (1) and in accordance with the provisions of that subsection, or (c) advertises a date of sailing from any port or place other than the date communicated to the Pilgrim Officer at that port or place under sub-section (1), or advertises a price for passage tickets at that port or place in excess of the price so communicated, or (d) offers to convey pilgrims by any ship from any port or place in British India or sells or promises or permits any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having made advertisement, as required by sub-section (3), of the matter specified in that subsection, or (e) sells or permits any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the Pilgrim Officer under sub-section (1), shall be punishable with fine which may extend to two thousand rupees. Compensation for delay in sailing. 209C. (1) If the pilgrim ship fails to proceed from any port or place on the date advertised under sub-section (3) of section 209B as the date of sailing there from, the master, owner or agent shall become liable to pay as compensation to each pilgrim who has paid his passage money on or before such date the sum of one rupce for each completed day during which the sailing of the ship is delayed after that date : Provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owing to any cause not arising from the act or default of the master, owner or agent, and the burden of proving such cause shall lie on such master, owner or agent: Provided, further, that, where compensation has been paid or has become payable to any pilgrim in respect of delay in the sailing of the ship from any port or place and the sailing of the ship from any other port or place is thereafter delayed beyond the date advertised in that behalf, the pilgrim shall be entitled to compensation only in respect of any period by which the duration of such further delay exceeds the duration of the delay in respect of which he has already received or become entitled to compensation. (2) In the event of such failure, the master, owner or agent shall be bound forthwith to inform the Pilgrim Officer at the port or place at which the delay occurs of the number of passage tickets of each class which have been issued for the voyage on or before the advertised date of sailing. (3) Any sum payable as compensation under sub-section (1) shall be paid on behalf of the pilgrims entitled thereto to the Pilgrim Officer at the port or place at which the delay occurs on receipt by the master, owner or agent of a notice from that officer specifying the sum payable, and that officer shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect of his deten tion: Provided that, if an objection is made by the master, owner or agent that the sum specified in any such notice or any part of such sum is not payable by him, the sum paid or, as the case may be, the balance thereof remaining after payment to the pilgrims entitled thereto of compensation the right to which is not in dispute, shall be held in deposit until the objection has been decided : Provided, further, that, if for any reason the compensation due to any pilgrim cannot be paid to him at the time of embarkation or at or before the time of his disembarkation at the port of his destination, the sum so remaining unpaid shall be made over to such authority administering any fund maintained for the assistance of pilgrims as the Local Government may, by general or special order, designate in this behalf. (4) If the master, owner or agent objects that the sun specified in the notice issued under sub-section (3) or any part thereof is not payable by him, he may, at the time of payment of such sum, give to the Pilgrim Officer notice of his objection, together with a statement of the grounds thereof, and the Pilgrim Officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub-section (3), or refer the objection for decision to a Presidency Magistrate or a Magistrate of the first class exercising jurisdiction in the port or place at which the ship is delayed; the decision of the Magistrate on such reference shall be final, and there shall be refunded to the master, owner or agent any amount allowed to him by such decision. (5) On the failure of any pilgrim ship to pro ceed from any port or place on the date advertised under sub-section (3) of section 209B as the date of sailing therefrom, the Pilgrini Officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port-clearance to ships thereat, and such officer shall refuse port-clearance to the pilgrim ship until the master, owner or agent produces to him a certificate of the Pilgrim Officer that all sums payable by way of compensation under this section up to the day on which the ship is to proceed have been paid. Substitution of ships. 209D. Notwithstanding anything contained in section 209B or section 209C, where any ship which has been advertised under sub-section (3) of section 209B for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised date of sailing, the owner or agent may, with the permission in writing of the Pilgrim. Officer, substitute for it any other ship which is of the same class and is capable of carrying not less than the same number of pilgrims of each class, and on such permission being given the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship Amendment of section 213, Act XXI of 1923. 3. In sub-section (1) of section 213 of the said Act, after clause (qq) the following clause shall be inserted, namely: (999) the manner in which the proposed date of sailing shall be advertised under section 209B; the appointment of Pilgrim Officers for the purposes of that section and sections 209C and 209D; the manner in which payment shall be made under section 209C to pilgrims and to the Pilgrim Officer; and the procedure to be followed by masters, owners or agents and by Pilgrim Officers and Magistrates in proceedings under that section ». Repeals. Bom. Act II of 1887. Ben. Act I of 1896 4. Sections 11, 12, 12A and 12B of the Protection of Pilgrims Act, 1887, and sections 11 and 12 of the Protection of Muhammadan Pilgrims Act, 1896, are hereby repealed. 1. Cet acte peut être appelé « Burma Oilfields (Amendments) Act, 1927. » 2. Après le paragraphe 12 on insérera ce qui suit: 1. Le gouverneur peut dans les limites d'une concession pétrolifère : a) Interdire le port d'armes non mentionnées dans l'Indian Arms Act de 1928, telles que : gourdins, cannes plombées, etc. (a) prohibit the carrying of das of a kind exempted from the provisions, of the Indian Arms Act, 1878, bludgeons, loaded-sticks, hunting crops, clasp-knives of a specified size, or other offensive instruments, in any public place within an oilfield or within any specified area within an oilfield; (b) whenever and for such time as he shall consider necessary for the preservation of the public peace or safety, prohibit within any oilfield or within any specified area within an oilfield: (i) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles; (ii) the public exhibition of persons or of corpses, or figures or effigies; (iii) the public utterance of cries, singing of songs, playing of music; and (ir) the delivery of harangues, the use of gestures or mimetic representations and the preparation, exhibition or dissemination of pictures, symbols, placards or of any object or thing which may be of a nature to outrage morality or decency, or which, in the opinion of the Warden, may probably inflame religious animosity or hostility between different classes, or incite to the commission of an offence, to a disturbance of the public peace or to resistance to or contempt of the law or of a lawful authority. Penalty for contravention of a prohibition. (2) Whoever contravenes a prohibition under this section shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. » b) interdire, en vue de l'ordre public: 1o Le transport et le rassemblement de pierres ou autres projectiles; 20 L'exhibition en public de personnes, images ou effigies; 3o L'exécution en public de chants ou morceaux de musique; 4o Les harangues ou représentations mimées, la distribution de tracts ou de tout objet pourant exciter l'hostilité religieuse ou pousser au désordre public. 2. Pénalités prévues en cas d'infraction. 12th July 1927. Burina Act no VII of 1927. Act further to amend the Burma Village Act, 1907. Whereas it is expedient further to amend the Burma Village Act, 1907; And Whereas the previous sanction of the Governor-General has been obtained under sub-section (3) of section 80A of the Government of India Act to the passing of this Act; It is hereby enacted as follows: 1. This Act may be called the Burma Village (Amendment) Act, 1927. Burma Act VI of 1907. Burma Act IV of 1924. Amendment of section 8 of Burma Act VI of 1907. 2. In sub-section (1) of section 8 of the Burma Village Act, 1907, as amended by the Burma Village Amending Act, 1924, hereinafter referred to as the said Act, the following shall be substituted for clause (f), namely: « (f) to take such measures and execute such works for the protection of the villages within his tract as the Deputy Commissioner may direct. » 12 juillet 1927. Burma Act no VII de 1927. Nouvel acte amendant le « Burma Village Act », 1927. 1. Cet acte peut être appelé « Burma Village (amendment) » Act 1927. 2. 3. On substituera ce qui suit au paragraphe 13 de l'Act de 1924 : » 13. Le commissaire peut frapper d'amende les habitants d'un village : a) qui auraient favorisé soit une attaque contre le village, soit l'évasion d'un criminel; b) qui auraient tenté de faire disparaître toute preuve dans un cas criminel; il peut allouer les sommes perçues aux personnes lésées. Burma Act IV of 1924. Amendment of section 13 of Burma Act VI of 1907. 3. For section 13 of the said Act, as amended by the Burma Village Amending Act, 1924, the following section shall be substituted, namely: Fine on villages accessory to crime. « 13. The Deputy Commissioner may, with the sanction of the Commissioner, impose fines on all or any residents of a village-tract if after enquiry he has found (a) that they or any of them have failed to resist an attack on the village or to take all reasonable means to prevent the escape of any criminal; (b) that they have suppressed or combined to suppress evidence in any criminal case; and may, with the like sanction, order the whole or any part of the fines recovered to be applied in compensation for the injury, damage or loss to person or property caused by such attack or by the offence of which the criminal is accused. Insertion of new sections 15 and 16 in Burma Act VI of 1907. 4. After the heading « Provisions respecting Residence in Village-tracts and Erection of Houses » in the said Act, the following sections shall be inserted as sections 15 and 16, namely: Notification of residence of strangers in village tracts. « 15. (1) If any person comes into a villagetract of which he is not a resident, he or the person, if any, in whose house he is living shall, within one hour of his arrival, report to the headman his arrival, his name and occupation, and the name of the place where he last resided. (2) The departure from the village-tract of a person whose arrival has been reported under sub-section (1) shall also be reported by the person, if any, in whose house he has been living. Penalty for breach of section 15 and disposal by headman of such cases. 16. (1) Whoever contravenes the provisions of section 15 shall be punishable, on conviction by a Magistrate, with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to fifteen days, or with both. (2) Where no prosecution has been instituted before a Magistrate for the offence under subsection (1), the headman of a village-tract in which a person contravenes the provisions of section 15 may, within eight days from the date of the commission of such offence, take cognizance of the same upon information received from any person or upon his own knowledge or suspicion that such offence has been committed, and may himself try such accused, and shall, if he convicts the accused for such offence, sentence him to fine not exceeding five rupees, or to confinement for a term not exceeding twenty-four hours in such place as the Deputy Commissioner may appoint in this behalf or to both. (3) Proceedings before a headman under subsection (2) shall be held in the presence of the accused. Such proceedings need not be reduced to writing, but such record shall be kept of the cases decided as the Deputy Commissioner directs. » Insertion of section 20 in Burma Act VI of 1997. 5. After section 19 of the said Act, the following section shall be inserted, namely: Power to require residents to remove. « 20. (1) When the Deputy Commissioner has reason to believe on the report of a headman or otherwise, that a person residing in any place is harbouring, aiding or abetting dacoits, robbers or cattles thieves, or has taken up his residence in that place for the purpose of such harbouring, aiding or abetting, he may require that person to leave that place and to reside in 4. Après le titre « Dispositions réglant l'établissement dans un village » on insérera ce qui suit: » 15. Tout étranger venant s'installer dans un village doit en avertir le maire dans le délai d'une heure et lui déclarer son nom, sa profession et sa dernière résidence. Il devra de même l'aviser de son départ. » 16. En cas de contravention, un magistrat fixe les pénalités. Le maire peut cependant connaître de la chose, endéans les huit jours, et prononcer la sentence. 5. Après le paragraphe 19 du même Acte on insérera ce qui suit : » 20. Le commissaire peut obliger une personne soupçonnée d'aider ou d'abriter des bandits et des maraudeurs, à quitter son village et peut lui imposer une autre résidence. such other place as the Deputy Commissioner may direct. (2) Whoever disobeys a requisition under sub-section (1) shall be punishable, on convic tion by a Magistrate, with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months or with both. » SOCIÉTÉS COOPÉRATIVES CO-OPERATIVE SOCIETIES (c) a society is said to be « limited » where the liability of its members for the debts of the society in the event of its liquidation is declared by its by-laws to be limited (a) to the amount payable on the shares respectively held by the members or (b) to such amount as the members may respectively undertake to contribute to the assets of the society: (d) « officer » includes a chairman, secretary, treasurer, member of committee, or other person empowered under the rules or under the by-laws of a society to give directions in regard to the business of such society; (e) « co-operative societies » means a society registered under this Act; (f) Registrar » means a person appointed to perform the duties of a Registrar of Co-operative Societies under this Act; and (g) « rules » means rules made under this Act. Registration. 3. Subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with co-operative 18 février 1927. Burma Acte no VI de 1927. Acte consolidant et amendant la loi relative aux Sociétés Coopératives en Birmanie. PRÉLIMINAIRES. 1. Cet acte peut être appelé le Burma Coopératives Sociétés, Act 1927. Son application s'étend à toute la Birmanie. 2. Dans cet acte, à moins de contresens : a) « By-laws » signifie les statuts de la société; b) société; Committee signifie le groupe de personnes à qui est confiée la direction des affaires de la c) Une société est dite « limited » lorsque lå responsabilité des membres, en cas de liquidation, est limitée au montant des actions qu'ils détiennent; d) « Officer » désigne toute personne autorisée par les statuts à diriger les affaires de la société; e) « Cooperative society » signifie une société enregistrée sous cet acte; f) « Registrar » signifie la personne chargée d'enregistrer les sociétés sous cet acte. |