23.12.2012 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

flourishes. A strong and clear Chathrim helps in undertaking business ventures<br />

in an honest way.<br />

The Haa and Punakha Chimis pointed out that any act or legislation is written<br />

down in both Dzongkha and English. The one in Dzongkha is used as the basis<br />

of interpretation. It is important to translate from Dzongkha to English without<br />

losing meanings of the provisions.<br />

The Speaker reminded the National Assembly that irrespective of which version<br />

the members read, the Dzongkha text will be used as the basis of interpretation<br />

if disputes arise. He invited frank suggestions, views and reservations on<br />

provisions listed in every page by highlighting the importance of considering<br />

their benefits to the nation, the people and the business community.<br />

The Punakha Chimi commented on the article ‘Power to Transfer; Good Faith<br />

Purchases of Goods; “Entrusting”’ listed on page 17.Article 3.1 reads ‘Any<br />

entrusting of goods to a merchant who deals in goods of that kind gives the<br />

merchant the power to transfer all rights held by the one entrusting to the one<br />

who buys the goods in the ordinary course of business’. It is a followed by a<br />

note which reads, ‘Entrusting means any acquiescence in retaining possession of<br />

the goods regardless of any condition specifies by parties and regardless of<br />

whether the entrusting or the possessor’s disposition of the goods are deemed to<br />

be larcenous under the criminal law’. The Chimi remarked that the meaning of<br />

this note is not clearly comprehensible.<br />

In response, the Hon’ble Minister for Trade and Industry informed that the first<br />

draft act was written in English. While translating it into Dzongkha, there have<br />

been omissions and additions, which could not be explained clearly. The title of<br />

the article 31.1 on page 17 which reads “‘Power to Transfer; Good Faith<br />

Purchases of Goods; “Entrusting”’ has already been replaced by ‘Power to<br />

Transfer; Purchase and Entrusting of Goods through Good Faith’. The sentence<br />

209

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!