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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00120
 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: December 8, 1959
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
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Bibliographic ID: UF00076857
Volume ID: VID00120
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
        Page 2
    The Public Service Commission (Remuneration, Privileges and Offences) Bill
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
Full Text
EXTRAORDINARY


The West Indies Gazette

VOL. 2 TUESDAY, 8TH DECEMBER, 1959 No. 59

127
PUBLICATION OF BILL
NOTICE is hereby given that the following Bill is published in this Gazette for public information :-
The Public Service Commission (Remuneration, Privileges and Offences) Bill.


GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1959







The Public Service Commission (Remuneration,
Privileges and Offences) Bill


THE WEST INDIES

THE PUBLIC SERVICE COMMISSION
(REMUNERATION, PRIVILEGES AND OFFENCES)
BILL

OBJECTS AND REASONS

The object of this Bill is to provide for the
remuneration and privileges of members of the Public
Service Commission set up by article 102 of the Constitution
and for the creation of offences in connection with the
functions of the Commission. The provisions of the Bill are
based generally on similar provisions in the corresponding
legislation in force in the Unit Territories.








The Public Service Commission (Remuneration,
2 Privileges and Offences) Bill


THE WEST INDIES

THE PUBLIC SERVICE COMMISSION
(REMUNERATION, PRIVILEGES AND OFFENCES)
BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title and commencement.
2. Interpretation.
3. Remuneration and expenses of members.
4. Protection of members.
5. Reports, statements and other communications of Commission to
be privileged.
6. Offence unauthorised publications or disclosures.
7. Offence giving false information to Commission.
8. Offence influencing Commission.
9. Attorney General's fiat for prosecutions.
10. Regulations.

SCHEDULE Regulations for remuneration and payment of
expenses of Commission.

A Bill intituled

An Act to provide for the remuneration and
privileges of members of the Public Service Commission and
for the creation of offences in connection with the functions
of the Commission and for other related matters.

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. This Act may be cited as the Public Service
and com-
mencement. Commission (Remuneration, Privileges and Offences) Act,
1959, and shall come into operation upon such day as the
Governor-General shall by proclamation appoint.








The Public Service Commission (Remuneration,
Privileges and Offences) Bill 3

2. In this Act unless the context otherwise requires:- Interpre-
tation.
"Commission" means the Public Service Commission
provided for in article 102 of the Constitution:

Provided that until the Public Service
Commission is ready to assume its functions,
references to the Commission shall be construed
as references to the temporary Public Service
Commission provided for under subsection (6)
of section 2 of the West Indies (Federation)
Order in Council, 1957;
"member" means a member of the Commission and
includes the Chairman;
"public officer" means the holder of an office in the
public service of the Federation or of a Territory;
"public service of the Federation" means the service
of the Crown in a civil capacity in respect of the
government of the Federation but does not
include service as a member of the Council of
State, as a member of the Commission or as a
member of any board, panel, committee or other
similar body (whether incorporated or not)
established by a law of the Federal Legislature.

3. (1) Members shall be entitled to receive for their Remunera-
services the remuneration specified in the Schedule to thistion and
Act. members.
(2) The expenses of members incurred in the perform-
ance of their duties and required to be paid out of the public
funds of the Federation under the provisions of the Schedule
to this Act are hereby appropriated out of such funds and
shall be paid therefrom on the warrant of the Governor-
General.
4. Any member shall have such and the like protec- Protection
tion and privileges in case of any action or suit brought of members.
against him for any act done or omitted to be done in the
exercise of his functions as is by law given to any Judge of
the Federal Supreme Court acting in the execution of his
office.








The Public Service Commission (Remuneration,
4, Privileges and Offences) Bill

Reports, 5. Except with the written consent of the Governor-
statements General, no person shall in any legal proceeding produce or
and other
communica- be permitted to give secondary evidence as to the contents or
tons on nature of any letter, statement, report or other document or
Commission 4
to be any oral information addressed, made or given-
privileged.

(a) to the Commission by or on behalf of the
Governor-General or the head of any federal
government department, or by the Governor
of any Territory or the head of a government
department of any Territory, for the purpose
of enabling the Commission to discharge any
of its functions;

(b) by the Commission to the Governor-General
or the head of any federal government depart-
ment, or to the Governor of any Territory or
the head of a government department of any
Territory in relation to any matter concern-
ing or arising out of the functions of the
Commission.

offence 6. (1) No member nor any other person shall without
eunatho- the written permission of the Governor-General publish or
raised publi-
cations or disclose to any unauthorised person or otherwise than in the
disclosures, course of duty the contents or any part of the contents of any
document, communication or information whatsoever which
has come to his knowledge in the course of his duty in
respect of any matters referred to the Commission, and any
person who knowingly acts in contravention of the provisions
of this section shall be guilty of an offence and shall be liable
on summary conviction to imprisonment for a term not
exceeding one year or to a fine not exceeding one thousand
dollars or to both such imprisonment and fine.

(2) If any person having possession of any informa-
tion which to his knowledge has been disclosed in contra-
vention of the provisions of this section publishes or
communicates to any other person otherwise than for the
purpose of any prosecution under this Act any such informa-
tion, he shall be guilty of an offence and shall be liable on








The Public Service Commission (Remuneration,
Privileges and Offences) Bill 5

summary conviction to imprisonment for a term not
exceeding one year or to a fine not exceeding one thousand
dollars or to both such imprisonment and fine.

7. Any person, who in connection with an application Offence -
by any person for employment or promotion in the public giving false
information
service of the Federation or with any matter upon whicho Com-
the Commission may be consulted by the Governor-General, mission.
wilfully gives to the Commission or to any member or to
any person or body of persons appointed to assist
the Commission in the exercise of its functions any
information which is false by reason of the falsity of, or by
reason of the omission of, any material particular, shall be
guilty of an offence and shall be liable on summary conviction
to imprisonment for a term not exceeding one year or to a
fine not [exceeding one thousand dollars or to both such
imprisonment and fine.

8. Any person, other than a public officer in the ffence-
course of his duty, who directly or indirectly by himself or ineiss
by any other person in any manner whatsoever influences
or attempts to influence any decision of the Commission or
of any member shall be guilty of an offence and shall be
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding five hundred
dollars:

Provided that nothing in this section shall
prohibit any person who may properly do so from giving a
certificate or testimonial to any applicant or candidate for
any public office or from supplying any information or
assistance upon formal request by the Commission.

9. A prosecution under this Act shall not be Attorney
General's
instituted except by or with the consent of the Attorney fiat for
General. Prosecu-
tions.

10. (1) The Governor-General may by regulations delete Regulations.
or amend any of the provisions of the Schedule to this Act
or may add provisions to the said Schedule with respect to
the remuneration of members or the payment of expenses
incurred by members in the performance of their duties.








The Public Service Con mission (Remuneration,
6 Privileges and Offences) Bill

(2) Any regulations made under this section shall be
laid before the House of Representatives as soon as may be
after they are made and if the House, within a period of
twenty-one days beginning with the day on which such
regulations are laid before it, resolves that such regulations
be annulled, they shall thenceforth be void, but without
prejudice to the validity of anything previously done there-
under or to the making of new regulations; and in reckoning
the said period of twenty-one days, no account shall be taken
of any time during which the Federal Legislature is dissolved
or prorogued, or during which the House is adjourned for
more than seven days.









The Public Service Commission (Remuneration,
Privileges and Offences) Bill 7


SCHEDULE Section 3


REGULATIONS

Remuneration and payment of expenses of
Members of Commission

1. Subject to the provisions of regulation 4 of these Regulations, Chairman.
the Chairman shall receive the following remuneration for his services-

(a) the sum of $200.00 per month,

(b) the sum of $25.00 for each day or part thereof spent in
his Territory of residence on the business of the Com-
mission or spent out of his Territory of residence for
the purposes of the Commission.


2. Subject to the provisions of regulation 4 of these Regulations. Member
a member other than the Chairman shall receive as remuneration for other than
Chairman.
his services the sum of $50.00 for each day or part thereof spent on
the business of the Commission.


3. (1) Subject to the provisions of regulation 4 of these Regulations, Travelling
and hotel
there shall be paid out of the public funds of the Federation the costs expenses.
of the passages of any member travelling from one Territory to another
for the purposes of the Commission, including the incidental cost of
transport to and from the places of embarkation and disembarkation,
as the case may be, and save in the case provided for in paragraph (3)
of this regulation, the cost of the board and lodging of any member
while out of his Territory of residence for the purposes of the Com-
mission.


(2) In addition to any remuneration payable under the provision
of regulations 1 and 2 of these Regulations, a member shall, save in the
case provided for in paragraph (3) of this regulation, be paid by way
of subsistence allowance the sum of $15.00 for each day or part of a
day spent out of his Territory of residence for the purposes of the
Commission.


(3) Where the Chairman, not being ordinarily resident in Trinidad,
is in Trinidad for the purposes of the Commission, the cost of his board
and lodging shall not be paid as provided in paragraph (1) of this
regulation and no subsistence allowance shall be paid to him under the









The Public Service Commission (Remuneration,
8 Privileges and Offences) Bill


provisions of paragraph (2) of this regulation, but in lieu thereof he
shall be paid a fixed living allowance of $25.00 for each day or part
thereof.

Remunera- 4. (1) Regulations 1, 2 and 3 of these Regulations shall not apply
tion and to a member who is a public officer.
expenses of
public
officers (2) A member who is a public officer shall be entitled to such
who are travelling, hotel and subsistence allowances as apply to federal public
members. officers when travelling in the course of their official duties.


Interpre- 5. For the purposes of this Schedule, the expression "business
station. of the Commission" means the attendance of meetings of the Commission
and any business of the Commission that would ordinarily involve
attendance in office.


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




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