The West Indies Gazette
VOL. 2 FRIDAY, 20TH NOVEMBER, 1959 No. 5
TABLE OF CONTENTS
No. SUBJECT MATTER PAGE
120 Publication of Bill ... ... ... ... 115
PUBLICATION OF BILL
NOTICE is hereby given that the following Bill is published in this Gazette for public information :-
The Emergency Powers Bill.
GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1959
The Emergency Powers Bill
THE WEST INDIES
THE EMERGENCY POWERS BILL
OBJECTS AND REASONS
The Emergency Powers Bill seeks to make provision
for conferring on the Federal Government special powers
exercisable during periods of emergency. 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 in certain circums-
2 The Emergency Powers Bill
THE WEST INDIES
ACT No: of 1959
THE EMERGENCY POWERS BILL
ARRANGEMENT OF CLAUSES
1. Short title and application.
2. Proclamation of emergency.
3. Emergency regulations.
4. Governor-General's certificate.
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.
Proclama- 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 3
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.
(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, subject to the provisions of
section 4 of this Act, 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.
3. (1) Subject to the provisions of section 4 of this Act, Emergency
where a proclamation of emergency has been made, and sotgons.
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
(2) Without prejudice to the generality of the powers
conferred by the preceding subsection but subject also to the
provision of section 4 of this Act, regulations made under
4 The Emergency Powers Bill
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
(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-
(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
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.
The Emergency Powers Bill
(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,
be deemed to be an instrument made or issued by the
Governor-General or that authority or person.
4.(1) If in any proclamation of emergency the Governor- Governor-
General certifies that the circumstances giving rise to the eertif-
proclamation are such as not to warrant a special meetingcate.
of the Federal Legislature, it shall not be necessary for a
proclamation for such a meeting to be issued under subsec-
tion (5) of section 2 of this Act:
The Emergency Powers Bill
Provided that if-
(a) during the period of sixty days from the issue
of the proclamation containing such a certi-
ficate (hereinafter in this subsection referred
to as the first proclamation)
(i) a proclamation of emergency has at all
times been in force, and
(ii) there has been no sitting of the House of
(b) at the expiration of the said period of sixty
days there is in force a proclamation of
emergency (hereinafter in this subsection
referred to as the second proclamation)
containing such a certificate,
the certificate included in the second proclamation shall, on
the expiration of such period, be deemed to be cancelled and
thereupon the second proclamation shall have effect under
this Act as if the certificate were not included therein and
the provisions of this Act shall have effect accordingly.
(2) In determining whether a proclamation of
emergency has at all times been in force for the purpose of
paragraph (a) of subsection (1) of this section no account
shall be taken of any period of less than five days during which
there has not been in force any proclamation of emergency.
(3) Where in any proclamation of emergency the
Governor-General issues a certificate in pursuance of sub-
section (1) of this section, the power of the Governor-General
to make regulations conferred by section 3 of this Act shall
not include a power to make provision with respect to any
matter that is not within the legislative competence of the
Federal Legislature otherwise than by virtue of article 48
of the Constitution:
Provided that this subsection shall not apply to
any regulation relating to the use of any of Her Majesty's
(4) The Governor-General may at any time by
proclamation cancel a certificate included in a proclamation
The Emergency Powers Bill 7
of emergency in pursuance of subsection (1) of this section,
and from the date of such further proclamation the proclama-
tion of emergency shall have effect under this Act as if the
certificate were not included therein and the provisions of
this Act shall have effect accordingly.
5. No proceedings shall be brought against anyExercise of
person for anything done in good faith in the exercise of anyder inh
powers conferred by any regulation made under this Act ornot action-
by any order or rule made in pursuance of any such regula-able.
6. (1) Any regulations made under this Act shall haveRevocation
effect as if enacted in this Act, but may be added to, alterediofngula-
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.