The West Indies
TABLE OF CONTENTS A
No. SUBJECT MATTER PAGE No. SUBJECT R PAGE
176 Appointments to the Federal Public Service ... 117 178 Publication of Bills ... ... ... ... 117
177 Appointment of Deputy Registrars of the Federal
Supreme Court ... ... ... ... 117
APPOINTMENTS TO THE FEDERAL PUBLIC SERVICE
THE FEDERAL SECRETARY, acting under the powers conferred on him by the Appointments in the Public Service
(Delegation) Regulations, 1958, has, after consultation with the temporary Public Service Commission
appointed the following persons to the offices, and with effect from the dates indicated hereunder :
Officer's Name Office of appointment
Hackett, Miss Cynthia ... ... ... Clerical Officer, Grade II ... ... 16.11.58
McConney, Miss Hyacinth ... .. ... Clerical Officer, Grade II ... ... 15.11.58
Cole, Mr. Samuel ... ... .. ... Administrative Assistant ... ... 15.11.58
James, Mr. Selwyn ... ... ... ... Administrative Assistant ... ... 17.11.58
THE FEDERAL SUPREME COURT REGULATIONS, 1958
APPOINTMENT OF DEPUTY REGISTRARS OF THE FEDERAL SUPREME COURT
PURSUANT to Regulation 4(2) of the Federal Supreme Court Regulations, 1958, and with the consent of His
Excellency the Governor of Jamaica, His Excellency the Governor-General has been pleased to appoint the
holders of the following offices to be Deputy Registrars of the Federal Supreme Court with effect from the 23rd
day of May, 1958:-
The Registrar, Supreme Court, Turks and Caicos Islands.
The Clerk, Grand Court, Cayman Islands.
2. This notice supersedes and cancels Gazette Notice No. 70 of the 23rd May, 1958.
PUBLICATION OF BILLS
NOTICE is hereby given by the Clerk of the House of Representatives that the following Bills are published in
this Gazette for public information :-
The Audit and Civil Contingencies Bill.
The Appropriation Bill.
GOVERNMENT PRINTING OFFICE, TRINIDAD, T.W.I.-1958
w 5,7 7
The Audit and Civil Contingencies Bill, 1958.
OBJECTS AND REASONS
This Bill seeks to authorise the appointment of
an Auditor-General for the Federation and to make provision
for his powers and duties. The Bill provides that the
Auditor-General shall carry out his functions on behalf of the
House of Representatives and requires that his annual certi-
ficate of audit and report on the accounts of the Federal
Government shall be laid before the House.
2. Clauses 12 and 13 of the Bill seek to make pro-
vision, in pursuance of article 92 of the Constitution of The
West Indies, for making moneys available to the Federal
Government from the public funds of the Federation pending
the coming into force of the annual appropriation Act or for
the purpose of meeting unforeseen expenditure.
2.....D......... he t Iudt and Civil Contingencies Bill. 95j .........
THE WEST INDIES
ACT No. of 1958.
THE AUDIT AND CIVIL CONTINGENCIES BILL, 1958.
ARRANGEMENT OF CLAUSES
1. Short title and application.
3. Appointment of Auditor-General.
4. Duty to fill vacancy in office of Auditor-General.
5. Acting Auditor-General.
6. Staff of Auditor-General.
7. Duties of Auditor-General.
8. Notification of irregularities.
9. Powers of Auditor-General.
10. Annual accounts.
11. Annual certificates and reports of Auditor-General.
12. Issue of money before passing of appropriation Act.
13. Issues of moneys to meet unforeseen expenditure.
A Bill intituled
An Act to provide for the appointment, powers
and duties of the Auditor-General, for the audit of public
accounts of the Federation, for the issue of moneys in antici-
pation of appropriation or to meet unforeseen expenditure,
and for other purposes incidental thereto.
Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Senate
and the House of Representatives of The West Indies, and
by the authority of the same, as follows:-
Short title 1. (1) This Act may be cited as the Audit and Civil
application. Contingencies Act, 1958.
(2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.
The Audit and Civil Contingencies Bill, 1958.
2. In this Act, unless the context otherwise re-Interpre-
"accounting officer" means any officer whose
duties involve responsibility in connection with
Federal public moneys;
"Auditor-General" means the Auditor-General
for the Federation appointed in pursuance of
section 3 of this Act;
"Federal property" includes-
(a) Federal public moneys;
(b) other property of the Crown in .right of
(c) other property held, whether temporarily
or otherwise, by any person either alone or
jointly with any other person for any pur-
pose of the government of the Federation;
"Federal public moneys" includes-
(a) the revenues of the Federation; and
(b) any trust or other moneys held, whether
temporarily or otherwise by any officer in
his official capacity either alone or jointly
with any other person, whether an officer
"officer" means the holder of an office in the public
service of the Federation;
"the public service of the Federation" has the
meaning assigned to it in article 116 of the Con-
3. The Governor-General shall appoint a fit and pro-nent of
~per person to be the Aln Auditor-
per person to be the Auditor General for the Federation. General.
4 The Audit and Civil Contingencies Bill, 1958.
vacancy in 4. On any vacancy occurring in the office of the
office of Auditor-General from death, retirement, resignation or other
General. cause the Governor-General shall appoint a person to fill such
Acting 5. (1) If in the opinion of the Governor-General the
Gtneral: Auditor-General is likely to be unable to exercise the powers
or perform the duties of his office during any period owing
to absence or inability to act from illness or any other cause
the Governor-General may appoint another person to act as.
Auditor-General during such period.
(2) In the event of the office of Auditor-General be-
coming vacant the Governor-General may appoint a person
to act as Auditor-General pending the appointment of an
Auditor-General in accordance with the provisions of section
4 of this Act.
Staff of 6. (1) The staff required to assist the Auditor-General
General. in the performance of his duties shall be composed of such
persons as the Governor-General may determine.
(2) Anything which under the authority of this Act
is directed to be done by the Auditor-General, other than
the certifying and reporting of accounts for the House of
Representatives may be done by any member of his staff
so authorised by him.
Duties of 7. (1) The Auditor-General shall, on behalf of the House
Generai- of Representatives, examine, inquire into and audit the
accounts of all accounting officers and of all persons entrusted
with the collection, receipt, custody, issue, or payment of
Federal public moneys, or with the receipt, custody, issue,.
sale, transfer, or delivery of any stamps, securities, stores or
other Federal property.
(2) The Auditor-General shall satisfy himself-
(a) that all reasonable precautions have been
taken to safeguard the collection of Federal
public moneys and that the law relating
thereto has been duly observed and that all
directions or instructions relating thereto have
The Audit and Civil Contingencies Bill, 1958. 5
(b) that all money appropriated or otherwise dis-
bursed has been expended and applied for
the purpose or purposes for which the grants
made by the Federal Legislature were intend-
ed to provide and that the expenditure con-
forms to the authority which governs it; and
(c) that adequate regulations exist for the
guidance of store accountants and officers
having in their charge any stores or other
Federal property and that such regulations
have been duly observed.
8. If at any time it appears to the Auditor-General Notification
that any irregularities have occurred in the receipt, custody, riiegula.
or expenditure of Federal public moneys or in the receipt, cus-
tody, issue, sale, transfer or delivery of any stamps, securities,
stores or other Federal property, or in the accounting for
the same, he shall immediately bring the matter to the notice
of the Governor-General.
9. (1) In the exercise of his duties under this Act the Powers of
Auditor-G general may- General.
(a) call upon any officer for any explanations and
information he may require in order to enable
him to discharge his duties;
(b) authorise any officer on his behalf to conduct
any inquiry, examination, or audit and such
officer shall report thereon to the Auditor-
Provided that any such authority shall be subject
to the concurrence of the head of the department in which
the officer concerned is employed;
(c) without payment of any fee cause search to be
made in and extracts to be taken from any
book, document or record in any public office;
(d) examine upon oath, declaration or affirmation
(which oath, declaration or affirmation the
Auditor-General is hereby empowered to
The Audit and Civil Contingencies Bill, 1958.
administer) all persons whom he may think
fit to examine respecting the receipt or ex-
penditure of money or the receipt or issue
of any stores affected by the provisions of
this Act and respecting all other matters and
things whatever necessary for the due per-
formance and exercise of the duties and
powers vested in him;
(e) lay before the Attorney General a case in
writing as to any question regarding the
interpretation of any Act or statutory instru-
ment concerning the powers of the Auditor-
General or the discharge of his duties, and
the Attorney General shall give a written
opinion on such case.
(2) In the exercise of his duties under this Act the
Auditor-General or any person duly authorised by him shall
have access to all records, books, vouchers, documents, cash,
stamps, securities, stores or other like Federal property which
may be in the possession of any officer.
(3) Any person examined pursuant to the provisions
of paragraph (d) of subsection (1) of this section who gives.
a false answer to any question put to him or makes a false
statement on any matter knowing that answer or statement.
to be false or not knowing or believing it to be true shall be
guilty of a felony and on conviction on indictment be liable
to a fine or to imprisonment for a term not exceeding seven
years or to both such fine and imprisonment.
Annual 10. (1) Within a period of four months after the close
accounts. of each financial year the Accountant General shall transmit
to the Auditor-General accounts showing fully the financial
position of the Federation on the last day of such financial
Provided that the Governor-General may by
direction in writing addressed 'to the Accountant-General
extend the period within which such accounts shall be pre-
sented, and any direction so given shall be laid before the
House of Representatives within fourteen days of its having-
been given or, if there is no sitting of the House of Represen-
tatives within such period, within fourteen days of the com-
mencement of its next sitting.
The Audit and Civil Contingencies Bill, 1958. 7
(2) Accounts transmitted by the Accoutanant-General
under the preceding subsection shall include-
(a) an abstract account of receipts and payments;
(b) a statement of the assets and liabilities at the
close of the financial year;
(c) a detailed statement of revenue and expendi-
(d) such other statements as the House of
Representatives may, from time to time,
11. (1) Within a period of seven months after the close Annual
of each financial year, the Auditor-General shall prepare andrificates
transmit to the Governor-General copies of the accountsof Auditor-
transmitted by the Accountntat-General in pursuance of theGeneral.
provisions of section 10 of this Act together with his certi-
ficate of audit and a report upon his examination and audit
of all accounts relating to Federal public moneys, stamps,
securities, stores and other Federal property:
Provided that the Governor-General may by
direction in writing addressed to the Auditor-General
extend the period within which such documents shall be
transmitted, and any direction so given shall be laid before
the House of Representatives within fourteen days of its
having been given or, if there is no sitting of the House of
Representatives within such period, within fourteen days of
the commencement of its next sitting.
(2) The report of the Auditor-General referred to in
subsection (1) of this section shall deal with the collection
of Federal public moneys including the state of the arrears,
the control of expenditure of such moneys, the manner in
which the public accounts of the Federation are kept, the
sufficiency of existing checks against fraud, and any special
questions arising out of the accounts transmitted by the
Accountant-General under subsection (1) of section 10 of
(3) The Governor-General shall cause the documents
specified in subsection (1) of this section to be laid before
8 The Audit and Civil Contingencies Bill, 1958.
the House of Representatives within thirty days of their
receipt by him or, if there is no sitting of the House of
Representatives within such period, within fourteen days
after the commencement of its next sitting.
(4) The Auditor-General may at any time, if it appears
to him to be desirable, transmit a special report to the
Governor-General for presentation in like manner to the
House of Representatives. Such special report may be made
on any matter incidental to the powers and duties of the
Auditor-General under the provisions of this Act.
(5) If the documents specified in subsection (1) of this
section are not laid before the House of Representatives
within the time prescribed in subsection (2) of this section
the Auditor-General shall forthwith transmit such documents
to the Speaker of the House of Representatives to be by him
presented to the House of Representatives.
Issue of 12. It shall be lawful to issue from the public funds
befo of the Federation, in pursuance of warrants under the hand
passing of of the Governor-General, such sums as may be necessary for
tion Act. carrying on the government of the Federation during any
period not exceeding four months between the end of a
financial year and the coming into force of the Act autho-
rising the appropriation for the next financial year:
(i) no expenditure upon any service for
which no provision had been made in a
law of the Federal Legislature in force
during the previous financial year shall
be deemed to be authorised by this
(ii) all sums issued in pursuance of the said
warrants shall be deemed to have been
issued in anticipation of grants being
made by the Federal Legislature in the
Act authorising the appropriation for
the financial year in which the sums were
issued, and on the coming into operation
of such Act the relative warrants shall
The Audit and Civil Contingencies Bill, 1958. 9
cease to have effect, and issues thereunder
shall be deemed to have been made for
the purposes of such Act and shall be
accounted for in accordance with the
13. If at any time it appears to the Governor-General moneys to
to be necessary that an issue shall be made from the public meet
funds of the Federation to defray unforeseen expenditure cxpendi-
upon any service- ture.
(a) of a special character which is not provided
for in any law of the Federal Legislature and
which cannot, without serious injury to the
public interest, be postponed until adequate
provision can be made therefore by the Federal
(b) which will result in an excess of the sum
provided for that service in any law of the
the Governor-General may, by special warrant under his
hand directed to the Accountant-General, and in anticipation
of grants being made by the Federal Legislature, authorise
the issue from the public funds of the Federation of the sums
which may be required from time to time to defray such
(i) the total sum authorised under this
section and not appropriated by a law of
the Federal Legislature shall not exceed
two hundred thousand dollars;
(ii) any sum issued under this section shall
be submitted for appropriation by a
law of the Federal Legislature at the next
sitting of the House of Representatives
occurring after the expiration of a period
of seven days from the date of the
warrant authorising the issue of that sum.