1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

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Commercial Sale of Goods Act of the Kingdom of Bhutan, 2001 was distributed on June 29, 2001, and the debate on it was held on July 17, 2001. The Hon’ble Minister for Trade and Industry said that the commercial sale of goods and taxation system has existed for a long time in the world. In the Thrimshung Chhenmo also, this system has been reflected to some extent. However, the increasing number of people engaged in trade and commerce has necessitated a specific act for commercial sales of goods. Considering the importance of this act, the Ministry of Trade and Industry has started drafting it since 1997. Except for movable goods, the articles of the act do not apply to the handling and protection of services, securities and immovable properties. A contract for the sale of goods exceeding Nu.100 should be indicated in writing. Legal stamps and signature of the two contracting parties must be stamped on it. If both the signatories to the contract are residing in Bhutan, the contract between them must be attested by disinterested witnesses whose name must also be written down. If provisions of the written contract are found to be contradictory, there must be a person to interpret and take decision. If the contract were to be amended, it must be indicated in writing. An oral agreement will not effect any change. The general responsibilities and obligations of the contracting parties are also stipulated. Besides, there are clauses governing the change in ownership of goods. Moreover, there are clauses pertaining to handing and taking over of goods between buyers and sellers, acceptance of identification procedure and payment for casualty of goods. The Chathrim takes into account the advantages and difficulties faced by buyers and sellers. With such a Chathrim available, people engaged in businesses in the country will be greatly benefited. It also cultivates trusts and confidence of non-Bhutanese parties while engaging in business with them. If disputes arise and the cases are forwarded to a court of law, it is very convenient to process them. As the country develops, trade and commerce also 208
flourishes. A strong and clear Chathrim helps in undertaking business ventures in an honest way. The Haa and Punakha Chimis pointed out that any act or legislation is written down in both Dzongkha and English. The one in Dzongkha is used as the basis of interpretation. It is important to translate from Dzongkha to English without losing meanings of the provisions. The Speaker reminded the National Assembly that irrespective of which version the members read, the Dzongkha text will be used as the basis of interpretation if disputes arise. He invited frank suggestions, views and reservations on provisions listed in every page by highlighting the importance of considering their benefits to the nation, the people and the business community. The Punakha Chimi commented on the article ‘Power to Transfer; Good Faith Purchases of Goods; “Entrusting”’ listed on page 17.Article 3.1 reads ‘Any entrusting of goods to a merchant who deals in goods of that kind gives the merchant the power to transfer all rights held by the one entrusting to the one who buys the goods in the ordinary course of business’. It is a followed by a note which reads, ‘Entrusting means any acquiescence in retaining possession of the goods regardless of any condition specifies by parties and regardless of whether the entrusting or the possessor’s disposition of the goods are deemed to be larcenous under the criminal law’. The Chimi remarked that the meaning of this note is not clearly comprehensible. In response, the Hon’ble Minister for Trade and Industry informed that the first draft act was written in English. While translating it into Dzongkha, there have been omissions and additions, which could not be explained clearly. The title of the article 31.1 on page 17 which reads “‘Power to Transfer; Good Faith Purchases of Goods; “Entrusting”’ has already been replaced by ‘Power to Transfer; Purchase and Entrusting of Goods through Good Faith’. The sentence 209
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I. Inaugural Ceremony TRANSLATION O
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The National Assembly ratified seve
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allot. A brief curriculum vitae of
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Sonam Wangchuk from Zhemgang won th
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Bodo militants in the country pose
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Goendeys in the country continue to
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1. The military capability of the a
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ate is 4.5%, and the balance of pay
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of the Basochhu Hydropower Project
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3. The Department of Education has
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As Gross National Happiness places
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Since people-centred development li
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Recognizing the deep reverence that
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conference. This is an indication o
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safeguard the sovereignty of the co
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They also expressed their profound
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ooklet on the financial report of Y
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Nu.260 million was spent on purchas
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Nu.381 million increase in the budg
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would be incurred. Although the cur
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udget presentation by the Hon’ble
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The fact that the debt service rati
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the territories of Assam and Bengal
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Since many of the plan projects cou
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issue of the Thimphu-Phuntsholing h
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the Department should ensure that t
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Sarpang Dzongkhag. He extended the
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The Speaker underlined the signific
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Kuensel and the Bhutan Broadcasting
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The Hon’ble Minister for Health a
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A Royal Advisory Councillor and the
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The Speaker noted that the governme
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failed to resolve the problem, ther
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serious resentment and animosity be
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The NDFB militants are fighting the
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affected the security of the countr
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The ULFA delegation said that they
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again to find a solution to the pro
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led by the Home Minister and the UL
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epresent a government since they ar
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Bhutanese people. Last December, wi
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ii. Two rounds of Security Coordina
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undergone militia training and serv
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left but to resort to military acti
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shops. In such situations, the loca
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would be better to act in accordanc
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He informed the members that, under
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and working to this end without eve
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security of the nation is of the ut
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however, be in our interest to endo
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agreement signed with the Royal Gov
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there was no longer any conscriptio
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genuine volunteers should be forwar
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the time to make excuses regarding
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militia force, and after returning
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The people’s representatives of T
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They wondered where all the organiz
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faction which does not have camps i
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pressing on this issue, the problem
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informed the house the Lhengyel Zhu
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apprehended and brought to justice.
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The Foreign Minister informed the h
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this regard, the Royal Government w
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who left after committing terrorist
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and the agreement reached by Bhutan
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2. The hon’ble members are aware
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verification provides ample time an
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In his presentation on the issue, t
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deliberately trying to delay the pa
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obbery and destruction of service i
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emain in the country. These people
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The people in the camps in Nepal co
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during the 14 th round, Bhutan had
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abide by the resolutions of the Nat
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However, it is most important that
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effective treatment or vaccine, and
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The Secretary also pointed out that
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supervision and guidance. The Assem
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Page 159 and 160: 4. To enhance sustainable use of fo
Page 161 and 162: For conifer species, Nu.40 per tree
Page 163 and 164: per truckload. Further, in order to
Page 165 and 166: A Royal Advisory Councillor said th
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Page 193 and 194: material inducements to innocent vi
Page 195 and 196: Another Chimi from Samtse Dzongkhag
Page 197 and 198: It is the responsibility of the Gup
Page 199 and 200: The Dorji Lopen of the Central Monk
Page 201 and 202: The Minister expressed appreciation
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Page 205 and 206: The Minister pointed out that Part
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Page 211 and 212: The Minister informed the Assembly
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Page 215 and 216: Therefore, it is being submitted to
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Page 231 and 232: The Punakha Chimi also commented on
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Page 241 and 242: XX. Expression of Appreciation and
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Page 251 and 252: institutes besides centers of Buddh
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secondly due to the concerted effor
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of a child, the Hon’ble chairman
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order to avoid problems related to
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Of the five killed, four were fores
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and sorrow at the incident. He said
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Among the dead in the recent incide
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greatly undermine the friendship an
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confidence and appreciation of the
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teachings of the Buddha to flourish
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opportunities and challenges associ
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3. Grants a. GoI Program Grants 800
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While there was a substantial incre
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would continue to monitor the size
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The Royal Government will, as annou
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power tariff for the rural consumer
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The domestic revenue forecast for t
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Customs duties on yarn have been ab
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The Royal Government continues to a
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The Royal Government is, therefore,
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The Ministry of Finance will study
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climate for private sector developm
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4. Gross International Millions of
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