Provided that, in any case in which there is any conflict between the provisions of this Act and those contained in that Convention, the latter shall prevail.

105. (1) The departure by land out of British India of a Native of Jer
unster of wil albe a h entirelt no info hire in
with view toy

Prohibition of departure by 1/96- land of a native of India under

e

an agreement to labour for hire 10 in some country beyond the sea.

Provided that nothing

land

ство

greement

some country beyond the sea other than the nté Island of Ceylon or the Straits Settlements is ca prohibited:

in this section applies to the departure by

(a) of a domestic servant when accompanying his employer;
(b) of a Native

India for the purpose of departing by sea from

section 105, sub-section (1), of the said rt in India under an agreement to labour for a contract" the words ench colony in accordance with the Convention

ment of section XXI, 1883.

Act, for the words "under

"under, or with a view to

n section one hundred and two (a) this clause (ast

g into, an agreement" shall be substituted. r attempts to induce, any Native of India to

1062

ritish India in contravention of this section shall be

ve committed an offence under section eighty-two.

SCHEDULE I. (See Section 8.)

COUNTRIES TO WHICH EMIGRATION IS LAWFUL.

I. The British Colonies of Mauritius, Jamaica, British Guiana, Trinidad, St. Lucia,
Grenada, St. Vincent, Natal, St. Kitts, Nevis and Fiji.

3.1.

ared by 1/865.2

33

II.—The French Colonies of Martinique, Guadeloupe and its dependencies, and Guiana. Su 99187779535

III. The Netherlands Colony of Dutch Guiana.

IV. The Danish Colony of St. Croix.

SCHEDULE II.

(See Section 21.)

FORM OF RECRUITER'S LICENSE.

OFFICE of the Protector of Emigrants at the Port of

A. B., described in the descriptive roll annexed, is hereby licensed under the Indian igration Act, 1883, to be a recruiter of emigrants for [here state the country for which the ruiter is licensed to recruit] in [here specify the local area within which the recruiter is ensed to recruit].

This license will be in force until the

Previously cancelled.

8. 105, prov. (b), (a).—The reference should apparently have been to section one hundred and three claus (a) and see 104" by XYTTI/907.9.

To Jamaica, British Guiana, Trinidad. St. 1
Lucia, Grenada, St. Vincent, St. Kitts, I

Nevis, St. Croix, French Guiana, Martinique, Nineteen weeks.
Guadeloupe and its dependencies, and

Dutch Guiana.

To Jamaica, British Guiana, Trinidad, St. 1
Lucia, Grenada, St. Vincent, St. Kitts,
Nevis, St. Croix, French Guiana, Martinique, Nineteen weeks.
Guadeloupe and its dependencies, and
Dutch Guiana.

PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 10TH APRIL, 1883.

An Act to provide Funds for maintaining Provincial Roads used for local

Preamble.

purposes.

WHEREAS it is expedient to provide additional funds for the construction and proper maintenance and repair of public roads in or near stations which are chiefly used by the residents for purposes of local convenience, as, for example, for intercommunication, pleasure-driving or riding, other than for military purposes or for purposes connected with agricultural operations or petty trade, dealing or industry, and which are not provided for out of imperial, municipal or cantonment funds; It is hereby enacted as follows:

1. This Act shall be cited as "the Bombay Highway Act, 1883," and it shall come into force in the manner provided in the next following section.

Short title.

52

32

409

Local extent.

2. This Act shall extend to the whole of the territories administered by the Bombay Government, but shall not come until the Governor in Council may, by notification in the Bombay Govern into force anywhere within the said territories ment Gazette, apply the same to any local area to be specified in such notification within the said territories; and the Governor in Council may, in like manner, amend or cancel any such notification.

3. It shall be lawful for the Governor in Council, after the publication of the notification referred to in the last

Imposition of tax on carriages,

&c., in notified area.

preceding section, to levy a tax on all carriages, coaches, vans, carts, hackeries, horses, or

ponies in accordance with the rates specified in the Schedule, from all persons owning or having charge of the same, who are resident within the local area sq notified; Provided

(a) that the Governor in Council may reduce, alter, or modify this tax as he may deem fit, but may not increase the rates specified in the said Schedule;

(b) that any person who may have owned or had charge of any vehicle or animal as aforesaid kept for use within such local area for a period exceeding fifteen and not exceeding thirty consecutive days shall be liable only to one-third of the tax for that quarter, and for any period of a quarter exceeding thirty consecutive days shall be liable for the whole tax of that quarter;

(c) that no tax shall be leviable in respect of any vehicle or animal as aforesaid which shall have been out of use for the whole period contained in any quarter, on due notice in writing being given by the owner in accordance with the rules of assessment hereinafter provided for in section four.

For the purposes of this section the word "resident" means and includes any person who dwells or takes up his abode in a local area notified under this Act for a period exceeding fifteen days.

Rules to be framed for the levy of the tax.

4. It shall be lawful for the Governor in Council, from time to time, to make rules for the assessment and recovery of the tax referred to in the last the Bombay Government Gazette, and such rules may be general for all areas preceding section, which shall be published in notified under the provisions of section two, or special for any one or more such areas, according as the Governor in Council directs, and it shall be lawful for the Governor in Council at any time to amend or cancel such rules.

S. 2. The Act has been applied to the Malegaon and Karwar (G. G. 1883, p. 318),

stations of Poona, Kirkee, Ahmedabad, Belgaum, and to certain villages in the vicinity of Poona and Kirkee (Ib. p. 787). For Ahmedabad, see further G. G. 1883, p. 1024; Ib. 1885, p. 1289. S. 4. See G. G. 1891, pp. 24, 445; Ib. 1887, p. 796. 410

The tax not leviable in a Municipality or Cantonment where a tax On vehicles and animals is already levied.

5. Whenever in any Municipality or Cantonment within any local area notified under this Act, a tax on vehicles and animals is, levied within the limits of such Municipalities or Cantonment, under the au- 'x95 1.2/2) thority of any law for the time being in force Schii Pt I therein, the tax imposable under Section 3 shall not be levied within such limits; but such contribution which, under any law for the time being in force, may be made out of the funds of any such Municipality or Cantonment to Provincial or Local Funds, as shall, in the opinion of the Governor in Council, be deemed a just and proper share towards meeting the expenses of maintaining Provincial roads which are not provided out of such Municipal or Cantonment Funds, but which are calculated to benefit the residents within the limits of such Municipality or Cantonment, may be applied in the manner prescribed for the application of the proceeds of the tax imposed under Section 3.

Application of proceeds of the

tax.

6. The proceeds of the tax in each area where such tax has been lawfully imposed under the provisions of this Act, shall be credited to Provincial or Local Funds as the Governor in Council shall direct: Provided always that the proceeds of such tax levied within or contributed by any Cantonment as defined by Act III. of 1880, shall only be applied in conformity with Section 23 of that Act.

Tolls under Bombay Act III. of 1875 not to be levied in local areas notified under this Act.

7. No tolls leviable under Bombay Act. III. of 1875 shall be levied within any local area notified under this Act.

8. Nothing in this Act shall be deemed to apply to or include any vehicles or animals as aforesaid belonging to the Government, or vehicles kept for sale by

Saving provisions.

bona fide dealers and not used for any other purpose;

Or shall apply to any persons who are specially exempt from municipal taxation under any rules or law for the time being in force, or to any persons whom the Governor in Council may by an order in writing exempt from the tax imposable under section 3;

Or shall apply to any person who earns his livelihood wholly or principally by agriculture carried on within the district within the limits of which the local area to which this Act may be applied is situated, or to any class of persons carrying on any petty trade, dealing or industry in such local area, which the Governor in Council may, from time to time, by notification in the Bombay Government Gazette, exempt from the tax imposable under section 3.

S. 8.-See G. G. 1884, pp. 388, 578.