Emergency Power Bill

Group Title: West Indies gazette
Title: The West Indies gazette
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00076857/00084
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: May 8, 1959
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00084
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
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    Emergency Power Bill
Full Text
A 4

The West Indies Gazette

7OL. 2 FRIDAY, 8TH MAY, 1959 No. 23

49 Appointment to Honorary Commission in the 50 Auditor-General of the Federation ... ... 45
West India Regiment ...... 45 51 Publication of Bill ... ... ... ... 45

IT is hereby notified that His Excellency the Governor-General has appointed HENRY MANSFIELD CHRISTOPHER
to an honorary commission in the rank of Captain in the West India Regiment with effect from the 26th April,
1959, for a period of one year.

His EXCELLENCY THE GOVERNOR-GENERAL has, with the consent of the Governor of Trinidad and Tobago,
appointed the DIRECTOR OF AUDIT, Trinidad and Tobago, to be Auditor-General of the Federation.

NOTICE is hereby given that the following Bill is published in this Gazette for public information:
The Emergency Powers Bill.


The Emergency Powers Bill




The Emergency Powers Bill seeks to make provision
for conferring on the Federal Government certain limited
powers exercisable during periods of emergency and for
authorising the use of the West Indies Regiment for
emergency purposes at the request of a Territorial Govern-
ment. The Bill provides for declarations of the existence of
a state of emergency in the Federation or any part of the
Federation, for the assumption by the Government of special
powers to make regulations during periods of emergency and
for the summoning of the Federal Legislature.

2 The Emergency Powers Bill


ACT No: of 1959



1. Short title and application.
2. Proclamation of emergency.
3. Emergency regulations.
4. Use of Her Majesty's forces.
5. Exercise of powers in good faith not actionable
6. Revocation of regulations.

A Bill intituled

An Act to make special provision for periods of

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 1. (1) This Act may be cited as the Emergency Powers
title and Act, 1959.
tion. (2) This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.

Proelama- 2. (1) If the Governor-General is satisfied that a public
emergency. emergency has arisen as a result of the occurrence of any
earthquake, hurricane, flood, fire, outbreak of pestilence,
outbreak of infectious disease or other calamity whether
similar to the foregoing or not, or that any action has been
taken or is immediately threatened by any person or body
of persons of such a nature and on so extensive a scale as to
be likely to endanger the public safety or to deprive the
community, or any substantial portion of the community,

The Emergency Powers Bill

of supplies or services essential to life he may by proclama-
tion (hereinafter referred to as a proclamation of emergency),
declare that a state of emergency exists:
Provided that where an emergency or any action
described in this subsection is confined to a single Territory
of the Federation, no proclamation under this section and no
regulations under section 3 of this Act shall be made by the
Governor-General so long as there exists in that Territory a
state of emergency declared to exist by the Territorial
authority empowered to make such a declaration under any
law in force in that Territory other than a law of the Federal
Legislature; and upon such a state of emergency being so
declared to exist, any proclamation under this section or
regulations under section 3 of this Act that may then be in
force shall cease to have effect.

(2) The Governor-General may at any time by
proclamation revoke a proclamation of emergency and from
the date when such revocation takes effect the proclamation
of emergency shall cease to be in force except as respects
things previously done or omitted to be done.

(3) No proclamation of emergency shall be in force
for more than one month, without prejudice to the issue of
another proclamation at or before the end of that period.

(4) A proclamation of emergency may, if the
Governor-General thinks fit, be made so as to apply only to
such part of the Federation as may be specified in the
proclamation (in the subsection called "the emergency area")
in which case regulations made under section 3 of this Act
shall, except as otherwise expressly provided in such regula-
tions, have effect only in relation to the emergency area.

(5) Where a proclamation of emergency has been
made the occasion thereof shall forthwith be communicated
to the Federal Legislature, and, if the Federal Legislature
is then separated by such adjournment or prorogation as
will not expire within ten days, a proclamation shall be
issued for the meeting of the Federal Legislature within ten
days, and the Federal Legislature shall accordingly meet and
sit upon the day appointed by that proclamation, and shall
continue to sit and act in like manner as if it had stood
adjourned or prorogued to the same day.

4 The Emergency Powers Bill

Emergency 3. (1) Where a proclamation of emergency has been
tions. made, and so long as the proclamation is in force, it shall be
lawful for the Governor-General to make such regulations
as appear to him to be necessary or expedient for securing
the public safety, the defence of the Federation, the
maintenance of public order and the suppression of mutiny,
rebellion and riot, and for maintaining supplies and services
essential to the life of the community.
(2) Without prejudice to the generality of the powers
conferred by the preceding subsection, regulations made
under this Act may, so far as appears to the Governor-
General to be necessary or expedient for any of the purposes
mentioned in the preceding subsection-
(a) make provision for the detention of persons
and the deportation and exclusion of persons
from the Federation or from any part of the
(b) authorise-
(i) the taking of possession or control of any
property or undertakings;
(ii) the acquisition of any property other than
(c) authorise the entering and search of any
(d) authorise the use of any of Her Majesty's
(e) provide for amending any enactment, for
suspending the operation of any enactment
and for applying any enactment with or with-
out modification;
(f) provide for charging, in respect of the grant
or issue of any licence, permit, certificate or
other document for the purposes of the regula-
tions, such fee as may be prescribed by or
under the regulations;
(g) provide for payment of compensation and
remuneration to persons affected by the
(h) provide for the apprehension, trial and
punishment of persons offending against the

The Emergency Powers Bill

Provided that nothing in this Act shall be con-
strued to authorise the making of any regulations imposing
any form of compulsory military service or industrial

Provided also that no such regulation shall make
it an offence for any person or persons to take part in a
strike, or peacefully to persuade any other person or persons
to take part in a strike.

(3) Any regulations made under this Act shall be laid
before both chambers of the Federal Legislature as soon as
may be after they are made, and shall not continue in force
after the expiration of fourteen days from the day on which
the chamber which meets last after the regulations have been
laid as aforesaid has first sat after the laying of such regula-
tions before it unless a resolution is passed by both chambers
providing for the continuance thereof.

(4) The regulations so made may provide for
empowering such authorities or persons as may be specified
in the regulations to make orders and rules for any of the
purposes for which such regulations are authorised by this
Act to be made, and may contain such incidental and
supplementary provisions as appear to the Governor-General
to be necessary or expedient for the purposes of the regula-

(5) The regulations so made or any order or rule made
in pursuance of such regulations shall have effect notwith-
standing anything inconsistent therewith contained in any
enactment, and any provision of any enactment which may
be inconsistent with any regulation or any such order or
rule shall, whether that provision shall or shall not have been
amended, modified or suspended in its operation under this
section, to the extent of such inconsistency have no effect
so long as such regulation, order or rule shall remain in force.

(6) Every document purporting to be an instrument
made or issued by the Governor-General or other authority
or person in pursuance of this Act, or of any regulation made
under this Act, and to be signed by or on behalf of the
Governor-General or such authority or person, shall be
received in evidence, and shall, until the contrary is proved,

6 The Emergency Powers Bill

be deemed to be an instrument made or issued by the
Governor-General or that authority or person.
Use of Her 4. Where an emergency or any action described in
forcesty subsection (1) of section 2 of this Act is confined to a single
Territory of the Federation and a state of emergency has
been declared to exist by the Territorial authority
empowered to make such a declaration under any law in
force in that Territory other than a law of the Federal
Legislature, then so long as such state of emergency con-
tinues, an emergency shall for the purposes of this section
be deemed to exist, and it shall be lawful for the Governor-
General to authorise the use of Her Majesty's forces in that
Territory for any of the purposes set out in subsection (1)
of section 3 of this Act and to make such regulations in
respect of the use of such forces as he may consider necessary
or expedient:
Provided that the Governor-General shall not,
under this section, authorise the use of Her Majestey's forces
in any Territory except at the request of the Governor of
that Territory.
Exercise of 5. No proceedings shall be brought against any
powers in
good faith person for anything done in good faith in the exercise of any
not action- powers conferred by any regulation made under this Act or
able. by any order or rule made in pursuance of any such regula-

Revocation 6. (1) Any regulations made under this Act shall have
irgons effect as if enacted in this Act, but may be added to, altered
or revoked by resolution of both chambers of the Federal
Legislature or by regulations made in like manner and sub-
ject to the like provisions as the original regulations.
(2) The expiry or revocation of any regulations made
under this Act shall not be deemed to have affected the
previous operation thereof, or the validity of any action taken
thereunder, or any punishment or penalty incurred in
respect of any contravention or failure to comply therewith,
or any proceeding or remedy in respect of any such punish-
ment or penalty.

Printed by Yuille's Printerie Limited, Trinidad,
by authority of the Government of The West Indies.

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