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Fiji Legislation |
LAWS OF FIJI
Ed.1978]
CHAPTER 122
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
SECTION
1.
Short title.
2.
Interpretation.
3. Application to
Rotuma of Acts of Fiji.
4. District
Officer.
PART II-DISTRICT OFFICER'S COURT
5. District Officer's
Court.
6. Jurisdiction of District
Officer.
7. Seal of
Court.
8. Officers of
Court.
9. Accounts of fees, etc., to
be kept.
10. Note of evidence to be
taken in English.
11. Procedure in
indictable cases.
PART III-THE COUNCIL OF ROTUMA
12. Constitution of
Council of Rotuma.
13. Meetings of
Council.
14. Minutes to be
kept.
15. Duties of
Council.
16.
Regulations.
17. Aiding or abetting an
offence.
18. Election of District
Chiefs.
19. Election of
representative.
20. Approval and
commencement of regulations.
PART IV-ROTUMAN DEVELOPMENT FUND
21. Establishment of
Rotuma Development Fund.
22. Rights
and obligation of former Council in former Fund to vest in the
Council.
23. Validation of former
Fund.
24. Objects of
Fund.
25. Administration of
fund.
26. Imposition of
cess.
27. The Fund to be exempt from
income tax.
PART V-ROTUMA AGRICULTURAL AND INDUSTRIAL LOAN FUND
28. Rotuma Agricultural
and Industrial Loan Fund.
PART VI-GENERAL
29. Audit of
accounts.
30. Saving.
----------------------------------------
Ordinances
Nos. 9 of 1927, 2 of 1945, 9 of 1955, 4 of 1958, 19 of 1962, 5 of
1964,
22 of 1964,
37 of 1966, 17 of 1968, 34 of 1970
AN ACT TO MAKE SPECIAL PROVISION FOR THE GOVERNMENT OF ROTUMA AND ROTUMANS
[1st September, 1927.
PART I-PRELIMINARY
Short title
1.
This Act may be cited as the Rotuma Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"Chairman" means the Chairman of the Council;
"Council" means the Council of Rotuma established by this Act;
(Inserted by 4 of 1958, s. 2.)
"District Chief" means a chief of a Rotuman district elected in accordance with Rotuman custom;
(Inserted by 4 of 1958, s. 2.)
"District Officer" means the District Officer for Rotuma;
"District Officer's Court" means the District Officer's Court Rotuma;
"former Council" means the Council established by the Rotuma (Council) Regulations, 1939;
(Inserted by 4 of 1958, s. 2.)
"Fund" means the Rotuman Development Fund established under the provisions of this Act;
(Inserted by 4 of 1958, s. 2.)
"former Fund" means the Fund created by the former Council out of moneys received by the former Council from a cess on copra;
(Inserted by 4 of 1958, s. 2.)
"Rotuma" means the island of Rotuma and its dependencies, that is to say all islands, rocks, reefs and fisheries lying between the twelfth degree and the fifteenth degree of south latitude and between the one hundred and seventy-fifth degree and the one hundred and eightieth degree of east longitude from the meridian of Greenwich;
"Rotuman" means any person of Rotuman or part-Rotuman descent. If any dispute arises as to whether a person is or is not Rotuman the Council shall decide, but any person aggrieved by the Council's decision may appeal to the Minister whose decision shall be final;
(Inserted by 4 of 1958, s. 2.)
"Rotuman community" means the indigenous inhabitants of Rotuma and also any Fijian resident on Rotuma.
(Inserted by 37 of 1966, s. 31.)
Application to Rotuma of Acts of Fiji
3.-(1)
Except in so far as Rotuma has been expressly excluded from the provisions
thereof, all Acts are hereby declared to apply to
Rotuma.
(Substituted by
37 of 1966, s. 31.)
(2) In
applying any provisions of any Act to Rotuma such Acts shall be construed as
containing any variations in respect of Rotuma
made necessary by this Act or any
other Act specially applicable to
Rotuma.
(3) All Acts when applied
to Rotuma shall be construed to apply only so far as the circumstances of the
island and its inhabitants
permit and all Acts shall be construed in relation to
Rotuma with such verbal alteration not affecting the substance as may he
necessary
to render the same applicable to the matter before the Court, and the
District Officer and any other officer having or exercising
functions of a like
kind or analogous to the functions of any officer referred to in any such Act
shall be deemed to be within the
enactments thereof relating to such last
mentioned officer.
District Officer
4.
It shall be lawful for the Minister from time to time to appoint any fit and
proper person to be District Officer for
Rotuma.
(Amended
by 2 of 1945, s. 75.)
PART II-DISTRICT OFFICER'S COURT
District Officer's Court
5.
There shall be established for Rotuma a Court of Justice to be styled the
District Officer's Court which shall consist of and be
holden by the District
Officer.
Jurisdiction of District Officer
6.
The District Officer shall, ex officio, be a magistrate within Rotuma and shall,
save as hereinafter set forth, have the same jurisdiction
in all civil and
criminal suits and matters as a second class
magistrate.
(Substituted
by 2 of 1945, s. 75.)
Seal of Court
7.
The District Officer's Court shall have a seal bearing an impression of the
Royal Arms with the inscription "District Officer's
Court Rotuma" and all
process issuing out of the said Court shall be stamped or sealed
therewith.
Officers of Court
8.
There shall be attached to and belong to the district Officer's Court such
officers as to the Minister shall from time to time appear
to be necessary for
the administration of justice and the due execution of the powers and
authorities with which the District Officer
is hereby vested, and such officers
shall have all the powers vested in a police officer by the laws of
Fiji.
Accounts of fees, etc., to be kept
9.
An account of all fees, forfeitures and money penalties levied or paid under the
provisions of this Act shall be kept by the District
Officer and the District
Officer shall at such times as the Minister may direct forward a transcript of
such account to the Auditor-General
and shall pay into the Treasury at such
times and in such manner as the Minister may direct all moneys received by him
on account
of such fees, forfeitures and penalties.
Note of evidence to be taken in English
10.
A note of all evidence given in the District Officer's Court shall be taken by
the District Officer in English.
Procedure in indictable cases. Charges to be in writing in prescribed form.
11.-(1)
In all cases where a charge or complaint is made before the District Officer
that any person has committed or is suspected to
have committed any indictable
offence within Rotuma or that any person guilty or suspected to be guilty of
having committed such
offence outside Rotuma is in Rotuma, such charge or
complaint shall be made in writing as nearly as possible in the form laid down
in the Second Schedule to the Criminal Procedure Code and the District Officer
shall thereafter cause the accused person to be summoned or arrested in the
manner provided by the said
Code.
(Amended by
2 of 1945; s.
75.)
(Cap.
21.)
District Officer to try. Evidence to be taken in writing and read to witnesses.
(2) Thereafter the
District Officer shall, except where the charge is in respect of an offence
punishable by death, proceed to try
the charge and at the trial shall, in his
own handwriting, take down the evidence given upon oath or affirmation of all
witnesses,
and the evidence of each witness shall be read over and, if
necessary, translated to the witness in every case and thereafter signed
by the
witness and interpreter as being a full and correct statement of the evidence
attested by the District Officer as having been
taken before him on the date of
the
trial.
(Amended by
19 of 1962, s. 2.)
Trial to be as before judge up to conclusion of evidence and addresses
(3) In all other respects
the District Officer shall conduct the trial, and the procedure shall be as
nearly as possible the same,
as if the trial were for an offence being tried on
information before a judge sitting alone in the Supreme Court until the
conclusion
of the evidence and of the addresses, if any, of the accused and of
the prosecutor.
District Officer to dispatch record to Chief Justice
(4) Thereupon the District
Officer shall adjourn the case and as soon as may be dispatch his notes of
evidence and all documents and
exhibits in the case which may reasonably be
dispatched to the Chief Justice together with his recommendation and any comment
upon
the evidence he may wish to make, and during such adjournment, pending the
decision of the case as hereinafter provided, may order
that the accused be kept
in confinement or admitted to bail and shall inform the Chief Justice
accordingly.
Chief Justice may remit for further evidence
(5) The Chief Justice
shall then consider the case thus presented to him and if he considers it
necessary may instruct the District
Officer to take any further evidence and
such evidence shall then be taken in the same manner as evidence in the case
which was previously
taken and transmitted to the Chief Justice.
Chief Justice to record verdict and sentence on record except in capital offences
(6) If no further evidence
is required, or on receipt of the further evidence (if any), the Chief Justice,
having considered the case,
shall state in writing at the foot of the record of
the proceedings the verdict, and, if the verdict is "guilty", the sentence which
to him shall seem just and is permitted by law and, shall return the record to
the District Officer together with a warrant of
commitment.
(Amended
by 19 of 1962, s. 2.)
District Officer to reassemble and read verdict in open Court
(7) On receipt of the
record completed as above the District Officer shall reassemble the Court. The
verdict and sentence recorded
by the Chief Justice shall be read by the District
Officer to the accused in open court and if necessary translated to the accused
and the fact certified by the District Officer upon the record.
Warrant to be executed
(8) All steps shall
thereupon be taken to execute the
warrant.
(9) Where the charge is
in respect of an offence punishable by death the District Officer shall hold a
preliminary inquiry in accordance
with the provisions of Part VII of the
Criminal Procedure Code and all the provisions of the Criminal Procedure Code as
to committal for trial and trial by the Supreme Court including all matters
connected therewith and incidental thereto shall
apply:
(Cap.
21)
Provided that if the Supreme
Court for reasons to be recorded in the minutes of the Court considers it to be
in the interests of justice
that the trial before the Supreme Court should be by
a judge without assessors it may direct that the trial should be by a judge
alone.
(10) If the Court directs
that the trial shall be by a judge alone, the provisions of Part IX of the
Criminal Procedure Code shall apply with such modifications as may be necessary
or convenient to adapt them to a trial by a judge alone.
PART III-THE COUNCIL OF ROTUMA
Constitution of Council of Rotuma
12.-(1)
There is hereby established a Council called the Council of Rotuma which shall
consist of-
(a) the chiefs of the seven Rotuma districts;
(b) one representative from each of the Rotuma districts elected in accordance with the provisions of this Act;
(c) as advisory members without any voting powers, the District Officer, the most senior Medical Officer, and the most senior Agricultural Officer resident on Rotuma:
Provided
however they shall cease to be such members upon a resolution duly passed by the
Council in that behalf.
(2) The
Chairman of the Council shall be elected by secret ballot by those members of
the Council who possess voting
power.
(3) All matters decided by
the Council other than the election of its Chairman shall be decided by a
majority of those present in
open
vote.
(4) The Chairman shall at
all times have, in addition to his deliberative vote, a casting vote in the case
of the deliberative votes
being cast
equally.
(5) The Council may make
rules not inconsistent with this Act governing its own
procedure.
(6) The Chairman and
any nine other members of the Council shall constitute a
quorum.
(Inserted
by 34 of 1970, s. 3.)
Meetings of Council
13.-(1)
Meetings of the Council shall be held not less frequently than once in each
quarter upon a date and at a place to be fixed by
the
Chairman.
(2) 'The Chairman shall
direct the order of proceedings at all meetings of the Council in such manner as
he may deem best fitting
for the due despatch of
business.
(3) Members of the
public shall not be admitted to meetings of the Council except at the express
invitation of the Council.
(4) The
Chairman may call a meeting at any time and shall call a meeting within seven
days of being requested to do so by at least
eight members of the
Council.
(Section
Inserted by 4 of 1958, s. 4, and amended by 34 of 1970, s. 4.)
Minutes to be kept
*14.
The minutes of every meeting of the Council shall be kept by the Chairman who
shall forward a copy of such minutes to the
Minister.
*
Inserted by 4 of 1958, s. 4.
Duties of Council
*15.
It shall be the duty of the Council-
(a) to consider all such questions relating to the good government and well-being of the Rotuman community in the island as may be directed by the Minister or may seem to them to require their attention;
(b) to administer the Rotuman Development Fund established by this Act, and to carry out all such functions as may be required by law or necessary or desirable in connexion with such Fund.
*
Inserted by 4 of 1958, s. 4.
Regulations
*16.-(1)
The Council may make Rotuma Regulations to be obeyed by all members of the
Rotuman community in Rotuma relating to the peace,
order and good government of
the Rotuman community and, without prejudice to the generality of the foregoing,
relating to-
(a) the keeping clean of Rotuma and the promotion of public health;
(b) the social and economic betterment of the Rotuman community;
(c) the performance of communal work by members of the Rotuman community and other communal activities of the Rotuman community;
(d) the control of livestock on Rotuma;
(e) the prevention or removal of public
(f) the care of children and aged persons;
(g) the conservation of food supplies on Rotuma.
(2)
Such regulations may impose penalties for the breach thereof not exceeding
imprisonment for a term of four months or a fine of
one hundred dollars or both
such imprisonment and
fine.
* Inserted
by 4 of 1958, s. 4.
Aiding or abetting an offence
*17.
Any person who aids or abets any member of the Rotuman community in committing a
breach of any regulation made by the Councillor
on who procures or attempts to
procure or counsels or advises any act involving the breach or neglect of any
regulation shall be
liable on conviction to a fine not exceeding forty dollars
or to imprisonment for any term not exceeding four
months.
* Inserted
by 4 of 1958, s. 4.
Election of District Chiefs
*18.-(1)
District Chiefs shall continue to be elected in accordance with Rotuman custom
as heretofore.
(2) The Minister
may in his discretion by notice in the Gazette remove from office any District
Chief.
(3) Where the Minister has
removed from office the chief of any Rotuman district, a new election in
accordance with Rotuman custom
of a chief for such district shall be held as
soon as possible.
(4) A person
removed from office by the Minister shall not be eligible for re-election as
District Chief without the consent of the
Minister.
*
Inserted by 4 of 1958, s. 4.
Election of representative
19.-(1)
A representative of the Council, in this section referred to as a
representative, in respect of each of the seven districts
shall be elected by
secret ballot.
(2) Any Rotuman of
the age of twenty-one or over shall be entitled to vote in the election of the
representative for the district
in which such Rotuman habitually
resides.
(3) A representative
shall automatically retire after three years in office but may offer himself for
re-election.
(4) The elections of
representatives shall take place in each district during October of every third
year.
(Amended by
34 of 1970 s. 6.)
(5) Any person
entitled to vote at an election of a representative of a district may, if
nominated by four persons similarly qualified
in respect of such district, be a
candidate at an election of a representative for such district. Nomination as a
candidate must
be made not more than 14 days and not less than 4 days prior to
the date fixed for the
election.
(6) In the event of the
death or resignation of a representative of a district during his term of
office, a by-election shall be held.
A representative elected at a by-election
shall hold office for the period remaining of the term of office of the
representative
whom he
replaces:
Provided that where a
representative dies or resigns within three months of the date on which he was
due to retire, the District Officer
may, with the permission of the Minister,
direct that no by-election shall be held in which case the representative shall
be deemed
to have died or resigned on the date on which he would normally have
retired.
(7) Subject to the
provisions of subsection (4), the District Officer shall fix the date when an
election or by-election shall take
place and, subject to the provisions of this
Act, the procedure at any election or by-election shall be in accordance with
his directions,
which may include any direction necessary to give effect to the
provisions of this section.
(8)
For the purpose of avoiding doubt it is hereby declared that the provisions of
subsections (1), (2), (3) and (5) shall also apply
to
by-elections.
(Section
substituted by 17 of 1968 s. 2.)
Approval and commencement of regulations
*20.-(1)
Subject to the provisions of subsection (2), regulations made by the Council
shall not have effect unless and until they have
been approved by resolution of
Parliament.
(2) If the Chairman is
of opinion that, having regard to the time that must elapse before a meeting of
Parliament will be held, it
is in the public interest so to do, he may grant
provisional approval to any such
regulations.
(3) Upon any
regulation receiving approval or provisional approval as aforesaid, it shall be
published in the Gazette and, unless
it be otherwise provided therein, shall
take effect and come into operation on the date of such
publication.
(4) Every regulation
provisionally approved by the Chairman shall be laid on the table at the next
subsequent meeting of Parliament,
and if-Parliament at such meeting resolves
that the regulation shall be annulled, the regulation shall forthwith be void;
but without
prejudice to the validity of anything previously done
thereunder.
*
Inserted by 4 of 1958, s. 4.
PART IV-ROTUMAN DEVELOPMENT FUND
Establishment of Rotuman Development Fund
*21.-(1)
There is hereby established a Fund known as the Rotuman Development
Fund.
(2) The Fund shall consist
of-
(a) all moneys, investments, securities or other property comprising the former Fund at the commencement of this Act;
(b) any cess paid to the Council in accordance with the provisions of this Act;
(c) any income accruing to the Fund from placing on deposit, investing or otherwise dealing with the moneys in the Fund in any manner authorised by this Act.
*Inserted by 4 of 1958, s.4
Rights
and obligations of former Council in former Fund to vest in the
Council
*22.
All rights liabilities and obligations in respect of the former Fund which
immediately before the commencement of this Act were
rights, liabilities and
obligations of the former Council shall by virtue of this Act become rights,
liabilities and obligations
of the
Council.
*Inserted
by 4 of 1958, s.4
Validation of former Fund
*23.
It is hereby declared that all moneys heretofore received by the former Council
in respect of any cess levied on copra were properly
and validly so received as
if the said cess had been validly and lawfully imposed, and the former Council
and every person from time
to time being a member thereof are acquitted,
discharged and indemnified against all and every person from all legal
proceedings
of any kind whatsoever in connection with the imposition or
collection of such
cess.
*Inserted by
4 of 1958, s.4
Objects of Fund
24.
The object of the Fund shall be the promotion of the development, welfare and
advancement of Rotumans. Subject to the payment of
expenses properly incurred by
the Council in the management and control of the Fund or in connexion with the
imposition and recovery
of any cess, the whole of the Fund shall be expended for
purposes directed exclusively towards the aforesaid objects, and may be
expended
outside as well as inside
Rotuma.
(Substituted
by 22 of 1964, s. 2.)
Administration
of Fund
25.
Subject to such other directions as may be made by the Minister, the Fund shall
be managed and controlled by the Council and the
following provisions shall have
effect with respect to such management and control:-
(a) estimates of the revenue and expenditure of the Fund for the following year shall be submitted annually before the first day of October in the preceding year, to the Minister responsible for finance for approval, and no expenditure out of moneys in the Fund shall take place except in accordance with such approved estimates unless the special authority of such Minister shall first have been obtained;
(b) the Council shall cause to be kept proper books of account relating to its management and control of the Fund and shall cause details of all moneys received and expended including administration expenses to be entered correctly in such books which books shall be kept separately from any other books of account kept by the Council;
(c) any moneys in the Fund may be invested in such manner as the Council may, with the prior approval of the Minister responsible for finance, from time to time, either generally or in any particular case, determine;
(d) such part of the moneys of the Fund as is not for the time being invested in pursuance of the provisions of paragraph (c) shall be paid into a bank or banks to be selected by the Council and every cheque or order for payment on such bank or banks shall be signed by such person or persons as shall be prescribed by the Minister by rules made under the provisions of this Act:
Provided that the Clerk of the Council shall be entitled to retain in cash a sum not exceeding such sum as may from time to time be prescribed, for the purpose of making payments from the Fund;
(Amended by 34 of 1970 s. 8.)
(e) the Council shall not later than the 30th day of June in each year submit to the Minister a report on the operations of the Fund during the year ending on the 31st day of December immediately preceding.
(Substituted by 22 of 1964, s. 3.)
Imposition of cess
*26.-(1)
The Council shall have power to impose a cess to be paid by all Rotuman
producers upon primary produce produced by then in Rotuma:
Provided that no
primary produce which is the property of a religious missionary organization
shall be subject to the imposition
of
cess.
(2) The rate of such cess
shall not exceed ten per cent of the purchase price payable to the producer for
the sale of such produce.
The Council shall have power to vary the rate of such
cess from time to time, but any cess imposed under the provisions of this
section
shall remain in force until so
varied.
(3) Any cess imposed under
this section shall be paid to the Council or its agent by the producer of the
produce to which it relates,
without demand and within fourteen days of the sale
of such produce. If not so paid the cess shall be recoverable in any manner
provided
by law for the recovery of civil
debts.
(4) For the purposes of
this section primary produce means-
(a) copra;
(b) cocoa beans;
(c) such other agricultural or marine produce as may be specified by the Minister by notice in the Gazette.
The Fund to be exempt from income tax
*27.
The former Fund and the Fund shall be exempt from income tax, and the former
Fund shall be deemed always to have been so
exempt.
Inserted
by 4 of 1958, s.4
PART V-ROTUMA AGRICULTURAL AND INDUSTRIAL LOAN FUND
Rotuma Agricultural and Industrial Loan Fund
28.-(1)
The Council may establish a fund which shall be called the Rotuma Agricultural
and Industrial Loan Fund which shall be operated,
controlled, invested and
expended in accordance with the provisions of this
Act.
(2) The total amount of
moneys paid by the Council into the Rotuma Agricultural and Industrial Loan Fund
from the Fund shall not exceed
twenty thousand
dollars.
(Amended
by 34 of 1970 s. 9.)
(3) The
Council may loan moneys from the Rotuma Agricultural and Industrial Loan Fund to
any Rotuman for such agricultural and industrial
purposes, and upon and subject
to such conditions, as the Council, with the prior agreement of the Minister
responsible for finance,
may from time to time
determine.
(4) The manner of
applying for such loans and all questions of procedure shall be decided by the
Council.
(5) All loans made by the
Council from the Rotuma Agricultural and Industrial Loan Fund shall be
recoverable at the suit of the
Council.
(Section
inserted by 22 of 1964, s. 4.)
PART VI - GENERAL
Audit of accounts
29.
The accounts of the Council including those of the Fund and of the Rotuma
Agricultural and Industrial Loan Fund shall be audited
from time to time as the
Minister responsible for finance may direct by an auditor to be appointed or
approved by the Minister responsible
for finance and the audited accounts
together with the auditor's report thereon shall be submitted to the Minister
responsible for
finance within three months of any such
audit.
(Inserted
by 22 of 1964, s. 4.)
Saving
30.
The Rotuma Native Regulations lawfully made under the provisions of this Act
prior to the establishment of the Council shall continue
to have effect but may
be amended or revoked by regulations made under the provisions of this
Act.
(Substituted
by 37 of 1966, s. 31.)
(4) For the
purposes of this section primary produce means-
(a) copra,
(b) cocoa beans,
(c) such other agricultural or marine produce as may be specified by the Minister by notice in the Gazette.
Controlled by Office of the Prime Minister
-----------------------------------------------
CHAPTER 122
ROTUMA
SECTION 16.-ROTUMA (BURIAL) REGULATIONS
Regulations
4th Sept., 1939 [in force 8th March,
1940],
28th May,
1964 (in force 13th Nov., 1964)
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Burial) Regulations.
Cemeteries
2. The places in Rotuma
where the dead may be buried (hereinafter referred to as cemeteries) shall be
determined by and be under the
control and supervision of the Council.
(Substituted by
Regulations 28th May, 1964.)
Cemetery boundaries
3. The boundaries of such
cemeteries shall be marked in a suitable
manner.
(Amended
by Regulations 28th May, 1964.)
Depth of graves
4. All graves shall be
excavated to a depth of not less than four feet.
Finding of dead body
5. Any person who finds a
dead body shall forthwith report the fact to the chief of the district who shall
thereupon examine the body
and report the result to the medical officer and the
District Officer, and the District Officer shall give permission in writing
for
the body to be buried.
Building inside burial ground
6. The erection of any
dwelling-house within the boundaries of a cemetery in use is hereby
prohibited.
(Inserted
by Regulations 28th May, 1964.)
Re-opening of graves
7. No grave shall be
re-opened for the purpose of burying another body until the expiry of ten years
from the date of the earlier
burial.
(Inserted
by Regulations 28th May, 1964.)
Penalty
8. Any person contravening
the provisions of these Regulations shall be liable to a fine not exceeding ten
dollars and in default
to imprisonment not exceeding two months.
-----------------------------------------
SECTION 16.--ROTUMA (EMIGRATION) REGULATIONS
Regulations
4th Sept.,
1939
(in force 8th
March, 1940)
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Emigration) Regulations.
Permission to emigrate
2. No Rotuman may leave
Rotuma without the permission of the District Officer.
Provision to be made for family
3. No male adult
responsible for the maintenance of his wife, children, or relatives may leave
Rotuma without making adequate provision
for the maintenance of the said wife,
children, or relatives to the satisfaction of the District
Officer.
Penalty
4. Any person contravening
or attempting to contravene the provisions of these Regulations shall be liable
to a fine not exceeding
two dollars and in default to imprisonment for a period
not exceeding fourteen days.
-------------------------------------------
SECTION 16.-ROTUMA (DESTRUCTION OF TREES) REGULATIONS
Regulations
4th Sept.,
1939
[in force 8th
March, 1940]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Destruction of Trees) Regulations.
Destruction of trees near the beach
2. Any person who cuts
down useful trees within 100 yards of the beach without the consent of the
District Officer shall be liable
to a fine not exceeding two dollars and in
default to imprisonment for a period not exceeding two weeks.
"Useful
trees" defined
3. For the purpose of these
Regulations "useful trees" are defined as "hefau", "pinau", "toa", "niu", "ifi",
and "ulu".
----------------------------------
SECTION 16.-ROTUMA (GAMBLING) REGULATIONS
Regulations
4th Sept.,
1939
[in force 8th
March, 1940]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Gambling) Regulations.
Penalty for gambling
2. Any person who plays
any game for money or for property or for anything representing money or
property whether with cards or with
any contrivance used for any such purpose
shall be liable on conviction to a fine not exceeding two dollars or to
imprisonment for
a period not exceeding two weeks.
-------------------------------------
SECTION 16.-ROTUMA (CONTROL OF STOCK) REGULATIONS
Regulations
4th Sept., 1939 [in force 8th March,
1940],
8th Dec.,
1960 [in force 21st April,
1961]
and 28th
May, 1964 [in force 13th Nov., 1964]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Control of Stock) Regulations.
Definition
2. For the purposes of
these Regulations the term "pigs" shall not include young pigs of less than six
months of age.
Pig at large may be killed
3. Any person who finds a
pig at large may kill it and any person who kills a pig as above sanctioned
shall, if he knows the owner,
tell him to remove the carcass; if, however, he
cannot ascertain who is the owner, he may eat the carcass.
Failure to inquire for owner
4. Any person who, having
killed a pig as above sanctioned, eats the same without making reasonable
inquiry as to the ownership of
such pig shall, on complaint of the owner, pay to
such owner the value of the pig or such compensation as the court may
award.
Restriction on keeping of pigs
5. All pigs shall be kept
within fences not less than four feet high. No enclosure for keeping pigs shall,
with effect from the first
day of January, 1965 be built within two hundred
yards of any dwelling. Any person erecting a pig fence within two hundred yards
of any dwelling may be ordered to remove the same by the District Officer and in
addition shall be liable to any fine or penalty
provided in these Regulations.
It shall be the duty of any person owning pigs to ensure the cleanliness of the
pens and good condition
of the fences. Each pen shall have a suitable shed for
shelter.
(Amended
by Regulations 8th December, 1960, and 28th May, 1964.)
Compensation for damage and impounding of animals
6. Horses, goats and
cattle found at large may be impounded and any person whose property has been
injured by horses, goats, cattle
or pigs may recover damage from the owner of
the
animal.
(Amended
by Regulations 28th May, 1964.)
Penalty
7. Any person who
contravenes or fails to comply with any provision of these Regulations shall on
conviction be liable to a fine not
exceeding two dollars and in default to
imprisonment for any period not exceeding one month.
----------------------------------------
SECTION 16.-ROTUMA (PUBLIC HEALTH) REGULATIONS
Regulations
4th Sept., 1939 (in force 8th March,
1940),
8th Dec.,
1960 [in force 21st April,
1961],
29th May,
1964 (in force 13th Nov.,
1964),
2nd Sept.,
1966
Made by the Rotuma Council and approved by the I legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Public Health) Regulations.
PART I-DWELLING-HOUSE
Houses to be above ground
2. The floor level of
every dwelling-house shall be not less than one foot above the
ground.
(Substituted
by Regulations 28th May, 1964.)
Flooring of houses
3. Every dwelling-house
shall be provided with either a wooden floor or a concrete floor or a floor upon
which coral or shingle has
been laid. In the case of a coral or shingle covered
floor, coconut leaves and mats shall be used as additional
covering.
(Substituted
by Regulations 28th May, 1964.)
Refuse not to be used for filling
4. No refuse shall be used
in filling in any house
foundation.
(Amended
by Regulations 28th May, 1964.)
Kitchen
5. Every dwelling shall be
provided with kitchen accommodation which, if separate from the dwelling-house,
shall not be less than
twelve feet long and eight feet wide with walls not less
than five feet
high.
(Amended by
Regulations 8th December, 1960, and 28th May, 1964.)
Land to be kept clean
6. It shall be the duty of
the owners or occupiers of land within any village at all times to keep such
land clean and free from weeds,
rubbish and offensive matter.
Latrine
7. Every dwelling-house
shall be provided with a latrine and no latrine shall be erected within thirty
feet of any dwelling-house
or road or in any other place to which the medical
officer may object. No latrine may be constructed on a beach except with the
express
prior approval of the medical
officer.
(Amended
by Regulations 28th May, 1964.)
Specifications for latrine
8. Each latrine shall have
a floor area of not less than twelve square feet being provided with a removable
pan or being built over
a pit over which a concrete slab or wooden seat
adequately covered and fly-proofed shall be
placed.
(Substituted
by Regulations 28th May, 1964.)
Specifications for dwelling-house
9. Every dwelling-house
shall have at least two doors and two windows and shall be not less than
twenty-four feet long and fifteen
feet wide with walls not less than five feet
high.
(Substituted by
Regulations 28th May, 1964.)
Erection of dwelling-houses
10. No person shall erect
a dwelling-house without the prior approval of the chief of the district in
which it is proposed that the
dwelling-house shall be erected and, before
approval shall be given by such chief to the proposed erection, he shall consult
with
the medical
officer.
(Substituted
by Regulations 28th May, 1964.)
Penalty
11. Any person who fails
to carry out any order so given to him or who fails to comply with any of the
provisions of this Part shall
be liable on conviction to a fine not exceeding
four dollars and in default to imprisonment for any period not exceeding one
month.
PART II-SANITATION
Food plantations
12. There shall be no food
plantations within any village.
Bush and scrub
13. All bush and scrub
shall be cleared for a distance of at least twenty yards, round every
village.
Space round dwelling-house
14. There shall be a free
and unobstructed space between the sides and backs of all dwelling-houses of not
less than twenty feet.
Guttering
15. All houses roofed with
material other than thatch shall be provided with guttering which shall be so
constructed that water can
flow freely into the down-pipes. Gutters and
down-pipes shall be kept in good repair and free from
obstruction.
Mosquito control
16. Every occupier of
premises on which is situated any barrel, tank or cistern, or other receptacle
for the collection or storage
of water shall fit such receptacle with a
sufficient cover or screen so as to prevent the ingress of mosquitoes and shall
at all
times maintain the said barrel, tank, cistern or other receptacle in a
clean condition to the satisfaction of the District Officer
or medical
officer.
Surface drains
17. In every village such
drains shall be provided for carrying off surface water from any part of such
village as the District Officer
or medical officer may think fit.
Penalty
18. Any person who fails
to comply with any of the provisions of this Part shall be liable on conviction
to a fine not exceeding four
dollars and in default to imprisonment for any
period not exceeding one month.
PART III-INFECTIOUS DISEASES
"Infectious disease" defined
19. In this Part,
"infectious disease" means cholera, plague, yellow fever, small-pox, diphtheria,
typhoid fever, croup, puerperal
fever, dysentery, pulmonary tuberculosis,
measles, mumps, whooping-cough, venereal disease and any other disease which the
Minister
may see fit by order to declare temporarily or permanently to be an
infectious disease within the meaning of this Part.
Notification of infectious disease
20. All infectious
diseases shall be at once notified, in the case of a sick child by the parent or
guardian and in the case of a
sick adult by the householder in whose house the
illness occurs or by any other adult inmate of the house, to the medical
officer,
who shall inform the District Officer.
Isolation of person suffering from infectious disease
21. The District Officer
or medical officer shall have power to order the isolation or removal to
hospital of persons suffering from
any infectious disease and no person so
isolated or removed to hospital shall leave or be taken from the place where he
has been
isolated or leave the hospital or be taken from it unless ordered to do
so by the medical officer.
Isolation of person who has been in contact with infectious disease
22. Any person who has
been in contact with a person suffering from any infectious disease or who is
known to have rendered himself
liable in any other way to infection by any
infectious disease shall, if so ordered by the medical officer, remain in his
town or
in such place as the medical officer may direct for such period not
exceeding fourteen days as the medical officer may direct.
Destruction of infected house or article
23. The District Officer
or medical officer may order the removal, disinfection or destruction of houses
or anything therein that
has been exposed to infection.
Children with disease
24. No person, being the
parent or having the care of a child who is or has been suffering from
infectious disease, shall permit the
child to attend school unless the child has
been certified to be free from infection by the medical officer.
Body to be removed for burial only
25. 1f any person shall
die from any infectious disease in any hospital or place of isolation for the
sick, the body shall not be
removed from the hospital or place of isolation
aforesaid, except for the purpose of immediate burial, without the authority of
the
medical officer in charge.
Restriction on custom
26. When a person dies
from an infectious disease, the custom of kissing or handling the body more than
is absolutely necessary is
prohibited.
Burial to be without delay
27. There shall be no
delay in the burial of bodies after death from infectious disease. The District
Officer or medical officer shall
have power to order the immediate burial of
bodies of persons who have died from infectious disease and to direct where such
bodies
shall be buried. Any person who being responsible for the burial of any
such body, refuses or neglects to comply with any such order
as aforesaid shall
be guilty of a breach of these Regulations.
Quarantine of area
28. The District Officer
or medical officer may order any locality or district to be quarantined or
isolated if in his opinion the
spread of any infectious disease can thereby be
checked and any persons entering or leaving such locality or district against
the
orders of the District Officer or the medical officer shall be guilty of a
breach of these Regulations.
Penalty
29. Any person who
knowingly commits a breach of any of the provisions of this Part shall be liable
on conviction to a fine not exceeding
forty dollars or in default of payment to
imprisonment for any period not exceeding four months.
----------------------------------
SECTION 16.-ROTUMA (MAINTENANCE) REGULATIONS
Regulations
4th Sept.,
1939
[in force 8th
March, 1940]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Maintenance) Regulations.
Penalty for failure to maintain family
2. Any person liable by
any law or custom of Rotuma to provide for, protect or maintain his wife, child,
family or any other person
under his protection, guardianship, guidance or
control, who neglects or refuses to do so, shall be liable for a first offence
to
a fine not exceeding ten dollars or to be imprisoned for any period not
exceeding three months and for any subsequent offence to
a fine not exceeding
twenty dollars or to be imprisoned for any period not exceeding four months. The
court shall have the power
to order that the whole or any part of the fine shall
be paid to the person who has maintained the wife, child, family, or other
person.
Penalty for failure to maintain in accordance with custom
3. Any person upon whom by
the law or custom of Rotuma the duty is cast to take care that provision,
protection or maintenance is
made or afforded, who neglects that duty, shall be
liable upon conviction to a fine not exceeding four dollars and in default to
imprisonment for a period not exceeding one month.
-----------------------------------
SECTION 16.-ROTUMA (TRESPASS) REGULATIONS
Regulations
4th Sept.,
1939
[in force 8th
March, 1940]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Trespass) Regulations.
Penalty for trespass
2. Every person shall on
conviction before the District Officer in each of the following cases be liable
to a fine not exceeding forty
dollars and in default of payment to be imprisoned
for any period not exceeding three months:-
(a) if he shall contrary to the order of the Minister or District Officer enter into the occupation of any land the tenure of which is vested in any Rotuman "kainaga" unless he shall prove that he is a member of such "kainaga";
(b) if he shall contrary to the order of the Minister or District Officer become a resident in any Rotuman village unless he shall prove that he is a member of a "kainaga" of such village;
(c) if he is found in the occupation of any land the tenure of which is vested in any "kainaga" of which he is not a member of residing in a Rotuman village not being the town of a "kainaga" of which he is a member and being warned by the Minister or District Officer or some person authorised by the District Officer to depart therefrom he for the space of seven days neglects or refuses to do so.
Removal of effects of trespasser
3. Every person convicted
of an offence against any of the paragraphs of regulation 2 in addition to any
penalty he may thereby incur
may on the warrant of the District Officer, which
may be in the form in the Schedule, be removed (if need be by force) from any
land
or village to which the provisions of such regulation apply, and where any
person is convicted of an offence against paragraph
(c)
of regulation 2 any building or portion thereof which any such person may have
erected on any land or in any village to which the
paragraph applies and which
at the date of such conviction may be on such land or in such village shall be
forfeited to Her Majesty
and may be pulled down, destroyed or otherwise dealt
with as the Minister may direct:
SCHEDULE
To all Police
Officers.
Whereas it has been
shown to me that the following persons, namely
|
are unlawfully upon the
lands (or, in
|
the Rotuman village)
called
|
situated at
|
I do therefore command you
to remove the said
|
from the said land (or
village).
Date:
---------------------------------------------
SECTION 16.-ROTUMA (COCONUT PLANTATION) REGULATIONS
Regulations
4th Sept., 1939[in force 8th March,
194],
28th May,
1964[in force 26th June, 1964]
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Coconut Plantation) Regulations.
Weeding
2. During such periods as
the Council shall annually, by resolution, order a general clearing of weeds and
bush between the trees
of coconut plantations is to be carried out and completed
during the said periods by all owners of plantations and all those who
have
family claims on such
plantations.
(Amended
by Regulations 28th May, 1964.)
Extent of weeding
3. During such clearing
periods all weeds and bush between the coconut trees shall be cut to ground
level. (Amended by
Regulations 28th May, 1964.)
Persons to assist in weeding
4. Every able-bodied man
between the ages of sixteen and sixty years who is the owner of a coconut
plantation or who has by family
rights a claim on the said plantation shall
assist in this general clearing.
Coconut husks to be burnt or buried
5. Unless the District
Officer shall otherwise order, all coconut husks shall be burnt or buried.
(Inserted by
Regulations 28th May, 1964.)
Penalty
6. Every person who
contravenes or fails to comply with any provision of these Regulations shall on
complaint of the chief of his
district be liable on conviction to a fine not
exceeding four dollars and in default to imprisonment for any period not
exceeding
six weeks.
-------------------------------------------
SECTION 16.-ROTUMA (PRIMARY SCHOOLS) REGULATIONS
Regulations
4th Sept., 1939 (in force 8th March,
1940),
8th Dec.,
1947, 19th Sept., 1950, 2nd Sept., 1966
Made by the Rotuma Council and approved by the Legislative Council
Short title
1. These Regulations may
be cited as the Rotuma (Primary Schools) Regulations.
Conduct of schools
2. Schools shall be
conducted in accordance with the provisions of any Act for the time being in
force in Fiji relating to education
in so far as such provisions are applicable
to schools in Rotuma.
Ages for admission to and for leaving school
3. No child under the age
of five years shall be admitted to any school. No pupil shall be allowed to
remain at school after the end
of the school year in which he reaches the age of
sixteen years in schools for boys or for girls only, or the age of fifteen years
in mixed schools, provided that the above age limits may be extended in
individual cases with the approval of the District Officer.
Compulsory attendance
4.-(1) It shall be
compulsory for every child between the ages of six and fourteen years to attend
school regularly.
(2) It shall be
the duty of the parent or guardian of every child to see that such child
regularly attends school unless the District
Officer is satisfied
that-
(a) the child is under efficient instruction elsewhere; or
(b) the child is prevented from attending school by sickness or other unavoidable cause.
(3)
A child's attendance at school shall not be deemed regular for the purposes of
this regulation unless the number of the child's
attendances at school during
the calendar month attains seventy-five per cent of the total number of morning
and afternoon meetings
of the
school.
(4} Every parent or
guardian of every child who refuses or neglects to send such child regularly to
school shall be liable on conviction
on the information of the head teacher of
the school or the chief of the district in which the said parent or guardian
resides, to
a fine not exceeding four dollars and in default of payment to
imprisonment for a period not exceeding six
weeks.
(Amended by
Regulations 2nd September, 1966.)
Attendance register
5.-(1) In every school an
attendance register shall be kept and in the keeping of these registers the
instructions issued by the Permanent
Secretary for Education shall be strictly
followed.
(2) No child shall be
removed from the attendance register of a school and entered in the attendance
register of another school in
Rotuma without the consent in writing of the
District Officer being first obtained, and any parent or guardian who removes a
child
from a school without having obtained the said consent in writing shall,
on the information of the head teacher of the school, be
liable to be brought
before the District Officer's Court, and the said court may make an order for
the return of the child to the
school first attended. If after any such order
for the return of any child as aforesaid, the parent or guardian shall continue
to
keep the child at another school, he shall be liable, on the information of
the head teacher of the school first attended, on conviction
to a fine not
exceeding two dollars and in default of payment to imprisonment for a period not
exceeding fourteen days.
(Amended by
Regulations 2nd September, 1966.)
Fees
6.-(1) The parent or
guardian of every child attending the assisted primary schools at Motusa, Paptea
and Malhaha shall pay to the
head teacher of the school which the child attends
at such times as the Council of Rotuma may direct a fee of two dollars each half
year in respect of each child attending school, and any parent or guardian who
shall refuse or neglect to pay such fee on or before
the date fixed for payment
by the Council of Rotuma shall in addition to the payment of the fee be liable
on conviction on the information
of the head teacher of the school to a fine not
exceeding two dollars and in default of payment to imprisonment for a period not
exceeding one month:
Provided that
when more than two children dependent on the same parent or guardian attend the
same school the District Officer may,
on the application of such parent or
guardian, reduce the fee payable in respect of each child to one dollar fifty
cents.
(Substituted
by Regulations 8th December, 1947, and amended by Regulations 19th September,
1950.)
(2) All fees shall be paid
by the head teachers to the District Officer who shall credit them to the Rotuma
Schools Deposit Account
and shall be used for the payment of assistant teachers
and the maintenance and equipment of the said
schools.
(3) It shall be lawful
for the Council of Rotuma on the application of any parent or guardian to remit
wholly or in part any fees
payable under this regulation.
Controlled by Office of the Prime Minister
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