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Group Title: West Indies gazette
Title: The West Indies gazette
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 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: August 16, 1960
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Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
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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
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Table of Contents
    Main
        Page 67
    Legal Supplement
        A-6
    Appendix: The Constitution of The West Indies (Amendment) Order in Council, 1960
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
        A-13
        A-14
        A-15
        A-16
        A-17
        A-18
        A-19
        A-20
        A-21
        A-22
        A-23
        A-24
        A-25
        A-26
        A-27
        A-28
        A-29
        A-30
        A-31
        A-32
        A-33
Full Text





















THE WEST INDIES GAZETTE


Vol. 3 TUESDAY, 16th AUGUST, 1960 No. 31


LEGAL SUPPLEMENT

APPENDIX

TABLE OF CONTENTS
Page
The Constitution of the West Indies (Amendment)
Order in Council. 1960 7












7)c(








The Constitution of the West Indies (Amendn~e 'ff
Order in Council, 1960


The Constitution of the West Indies (Amendment) Order in
Council, 1960, is published below for general information.

THE CONSTITUTION OF THE WEST INDIES (AMENDMENT)
ORDER IN COUNCIL, 1964

ARRANGEMENT OF ORDER -. .
Section
1. Citation, construction and commencement.
2. Replacement of article 5.
3. Amendment of article 36.
4. Replacement of article 38.
5. Insertion of article 42A.
6. Amendment of article 53.
7. IReplacement of articles 59 to 71.
8. Amendment of article 74.
9. Amendment of article 75.
10. Amendment of article 76.
11. Replacement of article 77.
12. Insertion of articles 79A to 79F.
13. Revocation of article 96 and replacement of article 101.
14. Insertion of articles 101A to 101D.
15. Replacement of Chapter VII.
16. Existing appointments.
17. Regulations for retirement etc. of certain officers.
18. Adaptation of existing laws.
19. Minor and consequential amendments.


At the Court at Buckingham Palace
The 3rd day of August, 1960
Present,
The Queen's most Excellent Majesty in Council


Her Majesty, by virtue of the powers conferred upon Her
by article 117 of the Constitution of the West Indies annexed to the
West Indies (Federation) Order in Council, 1957(a), and of all other
powers enabling Her in that behalf, is pleased, by and with the advice
of Her Privy Council, to order, and it is hereby ordered, as follows:-

Citation, 1.-(1) This Order may be cited as the Constitution of the West
construction Indies (Amendment) Order in Council, 1960, and shall be construed as
and cor- one with the Constitution of the West Indies, as amended by the Con-
mencement. stitution of the West Indies (Amendment) Order in Council, 1959, and
the Constitution of the West Indies, as so amended, is hereinafter
referred to as "the Constitution".


(a) S.I. 1957/1364 (1957 I. p. 202).









The Constitution of Me West Indies (Amendment)
Order in Council, 1960 8

(2) This Order shall be published in the Gazette and, except for
sections 2, 8, 11, 12, 14 and 15, shall come into operation on a day to
be appointed by the Governor-General by proclamation published in
the Gazette (in this Order referred to as "the commencement of this
Order"); and sections 2, 8, 11, 12, 14 and 15 of this Order shall come
into operation on such later day after the coming into operation of
regulations made under section 17 of this Order as may be so appointed
by the Governor-General, acting in his discretion.

2. The following article is substituted for article 5 of the Replace-
Constitution:- ment
of article 5.
"Consti- 5.-(1) The Governor-General may, in the name and on
tution of behalf of Her Majesty, constitute such offices for the
offices for
Federation. Federation as may be lawfully constituted by Her Majesty
and may abolish such offices, and, subject to the provisions
of this Constitution, may make appointments to any office
so constituted, and any person so appointed shall, unless it is
otherwise provided by law, hold office during Her Majesty's
pleasure.

(2) The Governor-General shall, in the exercise of the power
conferred upon him by this article, constitute the following
offices, being offices required for the purposes of, or referred
to in, this Constitution, that is to say the offices of-

(a) Attorney-General of the Federation;
(b) Auditor-General of the Federation;
(c) Financial Secretary of the Federation;
(d) Secretary to the Cabinet;
(e) Secretary to the Governor-General; and
(f) such number of Permanent Secretaries as may be
required for the supervision of departments.".

3. The following paragraph is substituted for paragraph (3) of Amendment
article 36 of the Constitution:- of article
36.
"(3) When a Bill is presented to the Governor-General for assent
he shall declare that he assents or refuses to assent thereto or that
he reserves the Bill for the signification of Her Majesty's pleasure:

Provided that, unless he has been authorised by a Secretary
of State to assent thereto, the Governor-General shall reserve for
the. signification of Her Majesty's pleasure any Bill which appears
to him, acting in his discretion-

(a) to be inconsistent with any obligation imposed on Her Majesty
by any treaty, convention, agreement or arrangement relating to
any country or to any international or similar organisation outside
the Federation;









The Constitution of the West Indies (Amendment)
9 Order in Council, 1960

(b) to be likely to prejudice the Royal prerogative;

fc) to be likely to prejudice the defence of the Federation or any
other part of Her Majesty's dominions; or

(d) to be in any way repugnant to or inconsistent with the pro-
visions of this Constitution.".

Replace- 4. The following article is substituted for article 38 of the
ment Constitution:-
of article
38
"Proro- 38.-(1) The Governor-iGeneral may at any time, by pro-
gation and clamation published in the Gazette, prorogue the Federal
dissolution. Legislature.

(2) The Governor-General, acting in his discretion, may at
any time, by proclamation published in the Gazette, dissolve
the Federal Legislature.

(3) The Governor-General shall dissolve the Federal
Legislature at the expiration of five years from the date when
the House of Representatives first meets after any general
election unless it has been sooner dissolved.

(4) If, between a dissolution of the Federal Legislature and
the next ensuing general election of members to the House
of Representatives, an emergency arises of such a nature
that, in the opinion of the Prime Minister, it is necessary for
the two chambers of the Federal Legislature to be summoned
before that general election can be held, the Governor-General,
acting in accordance with the advice of the Prime Minister
may, by proclamation published in the Gazette, summon the
two chambers of the preceding Federal Legislature, which
shall thereupon be deemed (except for the purposes of the
next following article) not to have been dissolved but shall
be deemed (except as aforesaid) to be dissolved on the date
on which the next ensuing general election is held.".

Insertion of 5. The following cross-heading and article are inserted
article 42a. immediately after article 42 of the Constitution:-

"Staff of 4he Senate afnd the House of Representatives
Staff of 42A.-(1) The offices of Clerk and Deputy Clerk of the
the Legis- Senate are hereby constituted and appointments to those
nature offices shall be made by the Governor-General, acting on the
recommendation of the President.

(2) The offices of Clerk and Deputy Clerk of the House of
Representatives are hereby constituted and appointments to
those offices shall be made by the IGovernor-General, acting
on the recommendation of the Speaker.









The Constitution of the West Indies (Amendment)
Order in Council, 1960 10

(3) Subject to the provisions of paragraph (5) of this
article the Clerk shall, unless he sooner resigns his office by
writing under his hand addressed to the Governor-General,
hold office until he attains the age of sixty-five years or such
later age as may, in any particular case, be prescribed by the
Commission appointed under paragraph (9) of this article.

(4) Nothing done by the Clerk shall be invalid by reason
only that he has attained the age at which he is required
by this article to vacate his office.

(5) The Clerk shall be removed from office by the
Governor-General if, but shall not be so removed unless, the
Senate or the House of Representatives, as the case may be,
by a resolution which has received the affirmative vote of not
less than two-thirds of all the members thereof, has resolved
that he ought to be so removed for inability or misbehaviour.

(6) The provisions of paragraphs (3), (4) and (5) of this
article shall apply to the Deputy Clerk as they apply to the
Clerk.

(7) The Governor-General, acting on the recommendation
of the Minister responsible for finance after that Minister has
consulted the President or the Speaker, as the case may be,
may from time to time prescribe, by notice published in the
Gazette, the offices (other than the office of Deputy Clerk)
which shall constitute the staff of the Clerk and may likewise
prescribe which of those offices shall be subordinate offices.

(8) (a) Power to make appointments (including appoint-
ments on promotion and transfer) to any office for the time
being prescribed under the last foregoing paragraph as a
subordinate office on the staff of the Clerk and to dismiss and
to exercise disciplinary control over persons holding or acting
in any such office shall vest in the President or in the Speaker,
as the case may be.

(b) Power to make appointments (including appointments
on promotion and transfer) to any other office (not being
the office of Deputy Clerk) on the staff of the Clerk and to
dismiss and to exercise disciplinary control over persons
holding or acting in any such' office shall vest in the Governor-
,General, acting on the recommendation of the President or of
the Speaker, as the case may be.

(9) Subject to the provisions of this article, the terms of
service (including salary, pension, gratuity and allowances)
of the Clerk, the Deputy Clerk and other members of the
staff of the Clerk shall be determined from time to time by
a Commission which shall consist of-









The Constitution of tie West Indies (Amendment)
11 Order in Council, 1960

(a) the Speaker, as Chairman;

(b) the President; and

(c) the Minister responsible for finance or a person
nominated by that Minister to represent him at any
meeting of the Commission.

(10) The salaries and allowances of the Clerk, the Deputy
Clerk and other members of the staff of the Clerk shall be
paid out of sums provided by the Federal Legislature, and
the salary of the Clerk or the Deputy Clerk shall not be
reduced during his continuance in office.

(11) The offices constituted by or under this article shall,
for the purposes of Chapter II and article 102 of this
Constitution be deemed to be paid offices in the public service
of the Federation.

(12) Nothing in this article shall be construed as
preventing-

(a) the appointment of one person to the offices of Clerk of
the Senate and Clerk of the House of Representatives;

(b) the appointment of one person to the offices of Deputy
Clerk of the Senate and Deputy Clerk of the House of
Representatives; or
(c) the appointment of one person to any other office on the
staff of the Clerk of the Senate and any other office on
the staff of the Clerk of the House of Representatives,

and where any person is so appointed to two offices, the fore-
going provisions of this article shall apply in relation to him
in respect of each such office separately.

(13) The functions conferred by this article on the President
shall, if there is no person holding the office of President or if
the President is absent from the Federation or is otherwise
unable to perform those functions, be performed by the Vice-
President .and the functions conferred by this article on the
Speaker shall, if there is no person holding the office of
Speaker or if the Speaker is absent from the Federation or is
otherwise unable to perform those functions, be performed
by the Deputy Speaker.

(14) In this article, unless the context otherwise requires,
"the Clerk" and "the Deputy Clerk" mean, respectively, the
Clerk of the Senate and the Clerk of the House of Represen-
tatives and the Deputy Clerk of the Senate and the Deputy
Clerk of the House of Representatives.".









The Constitution of the West Indies (Amendment)
Order in Council, 1960 12

6. The following paragraphs are substituted for paragraphs (1) Amendment
and (2) of article 53:- of article
53.
"(1) Her Majesty in Council may by Order make for the Federation
such laws as appear to Her to be necessary for-

(a) the defence of the Federation or any other part of Her
Majesty's dominions; and
(b) the regulation of relations between the Federation and
any country outside the Federation or any international
organisation, including the discharge of the obligations of
the Federation under any agreement with such a country
or organisation.

(2) Except for the purpose of giving effect to any agreement to
which the Federal Government is a party-

(a) no law made in pursuance of this article shall make
provision for regulating the import of goods into or the
export of goods from the Federation; and
(b) no such law shall impose any charge on the revenues or
assets of the Federation.".

7. The following cross-heading and articles are substituted for Replace-
the cross-heading "The Council of State" and articles 59 to 71 of the ment
of articles
Constitution:- 59 to 71.

"The Cabinet and the Governor-General
The 59.-(1) There shall be a Cabinet which shall,have the general
Cabinet. direction and control of the government of the Federation and
shall be collectively responsible therefore to the Federal
Legislature.
(2) Sulbject to the provisions of article 66 of this Constitution,
the Cabinet shall consist of the Prime Minister and such number
of other Ministers as the Prime Minister may decide appointed
in accordance with the provisions of article 62 of this Constitution.

Perfor- 60.-(1) The Governor-General shall consult with the
mance of Cabinet (or a Minister acting under the general authority of
Governor-
General's the Cabinet) in performing all his functions other than-
functions.
(a) any function which he is empowered (in whatever
terms) to perform on or in accordance with the recom-
mendation or advice of, or with the concurrence of, or
after consultation with, any person or authority other
than the Cabinet; and

(b) any function which he is empowered (in whatever
terms) to perform in his discretion.









The Constitution of the West Indies (Amendment)
13 Order in Council, 1960

(2) The Governor-General shall act in accordance with the
advice of the Cabinet (or of the said Minister) in performing
any function in the performance of which he is obliged by this
article to consult with the Cabinet (or the said Minister).

(3) When the Governor-General has, in pursuance of this
article, obtained the advice of the Cabinet (or of the said
Minister) in relation to any matter referred to in sub-
paragraph (a) or (b) of paragraph (1) of article 53 of this
Constitution, he may act otherwise than in accordance with
that advice if, in his individual judgment, he considers it
necessary or expedient so to do:

Provided that he shall not so act without first obtaining the
approval of a Secretary of State unless, in his individual
judgment, the urgency of the matter requires him to act before
such approval could be obtained.

(4) Where the Governor-iGeneral is directed by this
Constitution to perform any function on the recommendation
of any person or authority, he shall perform the function in
accordance with that recommendation:

Provided that he may, in his discretion, once refer back that
recommendation, or any different recommendation submitted
by the person or authority concerned.

(5) Where the Governor-General is directed by this
Constitution to perform any function after consultation with
any person or authority other than the Cabinet (or a Minister
acting under the general authority of the Cabinet), he shall
not be obliged to perform that function in accordance with
the advice of that person or authority.

(6) Where the Governor-General is directed by this
Constitution to perform any function in accordance with the
recommendation or advice of, or with the concurrence of, or
after consultation with, any person or authority, the question
whether he has so performed that function shall not be
enquired into by any court.

(7) Subject to any instructions which Her Majesty may
from time to time see fit to give him, the Governor-General
shall, in performing any function conferred on him by this
Constitution which he is empowered (in whatever terms) to
perform in his discretion, act, so far as may be, in accordance
with any constitutional conventions applicable to the per-
formance of any similar function by Her Majesty in the
United Kingdom; but the question whether he has so
performed that function shall not be enquired into by any
court.









The Constitution of the West Indies (Amendment)
Order in Council, 1960 14

Allocation 61.-(1) The Governor-General may assign to any Minister
rtfolios. responsibility for dealing with any business on behalf of the
Federal Government:

Provided that-

(a) nothing in this article shall empower the Governor-
General to confer on any Minister authority to exercise
any power or to discharge any duty that is conferred
or imposed by this Constitution or by any other law
on the Governor-General or any person or authority
other than that Minister; and

(b) responsibility for the initiation, conduct and disconti-
nuance of criminal proceedings shall not be assigned
to a Minister but shall vest in the Attorney-General of
the Federation.

(2) The power conferred upon the Governor-General by
this article shall be exercised in accordance with the advice
of the Prime Minister:

Provided that the Governor-General shall not be obliged
to assign to any Minister responsibility for any business
relating to-

(a) defence;
(b) the audit of the accounts of the Federation;
(c) the making of appointments (including appointments
on promotion or transfer) toloffices in the public service
of the Federation; or
(d) the dismissal or disciplinary control of officers in that
public service.

Appoint- 62.-(1) The Governor-General, acting in his discretion,
ment of shall appoint as Prime Minister the member of the House of
SRepresentatives who, in his judgment, is'best able to command
the confidence of a majority of the members of the House and
shall, acting in accordance with the advice of the Prime
Minister, appoint the other Ministers from among the
members of the two chambers of the Federal Legislature.

(2) Not less than two of the Ministers shall be persons who
are members of the Senate.

(3) A person who is a member of the Executive Council or
of the Legislature of any Territory shall not be qualified for
appointment as a Minister.

(4) If occasion arises for making an appointment from the
House of Representatives while the Federal Legislature is








The Constitution of the West Indies (Amendment)
15 Order in Council, 1960

dissolved, a person who was a member of the House imme-
diately before the dissolution may be appointed as a Minister
as if he were still a member of the House, but any person
so appointed shall vacate his office at the beginning of the
next session of the House if he is not then a member thereof.

(5) Appointments under this article shall be made by
instrument under the public seal.

Tenure of 63. The Prime Minister shall vacate his office-
office of
Prime
Minister. (a) if he resigns his office by writing under his hand
addressed to the Governor-General;
(b) if he ceases to be a member of the House of Represen-
tatives for any reason other than a dissolution of the
Federal Legislature;
(c) if another person is appointed to the office of Prime
Minister; or
(d) if the Governor-General, acting in his discretion, revokes
his appointment as Prime Minister by instrument under
the public seal.
Tenure of 64. A Minister, other than the Prime Minister, shall vacate
office of his office-
other
Ministers.
(a) if he resigns his office by writing under his hand
addressed to the Governor-General;
(b) in the case of a Minister who is a member of the Senate
at the date of his .appointment as a Minister, if he
ceases to be a member of the Senate;
(c) in the case of a Minister who is a member of the House
of Representatives at the date of his appointment as a
Minister, if he ceases to be a member of the House for
any reason other than a dissolution of the Federal
Legislature;
(d) if the office of Prime Minister becomes vacant; or
(e) if his appointment to -his office is revoked by the
Governor-General, acting in accordance with the advice
of the Prime Minister, by instrument under the public
seal.
Perfor- 65.-(1) Whenever the Prime Minister is unable, by reason
mance of of his illness or his absence from the Federation, to perform
functions
of Prime the functions of his office, the Governor-General may, by
Minister in instrument under the public seal, authorise any other Minister
certain who is a member pf the House of Representatives to perform
events. the functions conferred on the Prime Minister by this
Constitution (other than the function conferred on him by
paragraph (3) of this article).









The Constitution of the West Indies (Amendment)
Order in Council, 1960 16

(2) The Governor-General may, by instrument under the
public seal, revoke any authority given under this article.

(3) The powers conferred on the Governor-General by this
article shall be exercised by him acting in his discretion if in
his opinion it is impracticable to obtain the advice of the
Prime Minister owing to the Prime Minister's illness or
absence, and in any other case shall be exercised by the
Governor-General in accordance with the advice of the Prime
Minister.

Temporary 66.-(1) Whenever a Minister, other than the Prime
Ministers. Minister, is unable, by reason of his illness or his absence
from the Federation, to perform the functions of his office,
the Governor-General may, by instrument under the public
seal, appoint a person who is a member of the same chamber
as that Minister to be a temporary Minister.

(2) Articles 61, 64 and 67 of this Constitution shall apply
in relation to a person appointed under this article to be a
temporary Minister as they apply in relation to a Minister.

(3) Subject to the provisions of the last foregoing para-
graph, a person appointed under this article to be a temporary
Minister shall hold office until he is notified by the Governor-
General that the Minister in whose place he was appointed
is again able to perform the functions of his office, or the
office of that Minister becomes vacant.

(4) The powers conferred on the Governor-General by this
article shall be exercised by him in accordance with the advice
of the Prime Minister.

Official 67. Before entering upon the functions of his office every
oath of Minister shall make and subscribe before the Governor-
Minisers. General, or some other person authorised in that behalf by
the Governor-General, an oath- or affirmation for the due
execution of that office in the form set out in the First
Schedule to this Constitution.

Summoning 68. The Governor-General, acting in his discretion, may
of summon a special meeting of the Cabinet whenever he thinks
abinet. fit, but, subject thereto, the Cabinet shall, not be summoned
except by the authority of the Prime Minister.

Proceed- 69.-(1) The Prime Minister shall, so far as is practicable,
ings in attend and preside at all meetings 'of the Cabinet, and in his
Cabinet. absence such other Minister shall preside as the Prime
Minister shall appoint:








The Constitution of the West Indies fAmendment)
17 Order in Council, 1960

Provided that whenever the ,Governor-General is present at
any meeting of the Cabinet which he has summoned under
the provisions of the last foregoing article, he shall preside.

(2) No business shall be transacted at any meeting of the
Cabinet if there are less than four members of the Cabinet
present at the meeting and any member of the Cabinet present
at the meeting has objected to the transaction of business on
that account.

(3) Subject to the provisions of the last foregoing para-
graph, the Cabinet shall not be disqualified for the transaction
of business by reason of any vacancy in its membership
(including any vacancy not filled when the Cabinet is first
constituted or is reconstituted at any time) and the validity of
the transaction of business in the Cabinet shall not be affected
by reason only of the fact that some person who was not
entitled so to do took part in those proceedings.

Governor- 70. The Governor-General shall, for the due performance
General of his functions, be entitled to all papers which are avail-
entitled to
informa- able to the Cabinet and to any other information concerning
tion. the government of the Federation which is so available.
Parliamen- 71.-(1) The Governor-General, acting in accordance with
taries the advice of the Prime Minister, may, by instrument under
Sthe public seal, appoint Parliamentary Secretaries from among
the members of the two chambers of the Federal Legislature
to assist Ministers in performing their functions.

(2) If occasion arises for making an appointment from the
House of Representatives to the office of Parliamentary
Secretary while the Federal Legislature is dissolved, a person
who was a member of the House immediately before the
dissolution may be appointed as if he were still a member of
the House, but any person so appointed shall vacate his office
at the beginning of the next session of the House if he is not
then a member thereof.
(3) Articles 64 and 67 of this Constitution shall apply to
Parliamentary Secretaries as they apply to Ministers.".

Amendment 8. The following paragraph is substituted for paragraph (1) of
of article article 74 of the Constitution:-
74.
"(1) (a) The Chief Justice of the Federation shall be appointed
by the Governor-General, after consultation with the Prime Minister,
by instrument under the public seal.

(b) The Federal Justices shall be appointed by the Governor-
General, acting on the recommendation of the Judicial Service Com-
mission, by instrument under the public seal.".









The Constitution of the West Indies (Amendment)
Order in Council, 1960 18

9. The following paragraphs are substituted for paragraphs (1) Amendment
and (6) of article 75 of the Constitution:- of article

"(1) Subject to the provisions of this article, the Chief Justice
of the Federation and each Federal Justice shall hold office until he
attains the age of sixty-five years:

Provided that the Governor-General may permit a judge
who has attained that age to continue in office for a further period not
exceeding two years.

(6) The powers conferred upon the Governor-General by this
article shall be exercised by him after consultation with the Prime
Minister.".

10. Article 76 of the Constitution is amended by deleting the Amendment
words "acting in his discretion" of article
76.
11. The following article is substituted for article 77 of the Replace-
Constitution:- ment
of article
77.
"Acting 77.-(1) If the office of any Federal Justice is vacant or
Federal if any Federal Justice is for any reason unable to perform
Justice the functions of his office, the Governor-General, acting on
the recommendation of the Judicial Service Commission, may
appoint a person qualified for appointment as a Federal Justice
to be temporarily a judge of the Federal Supreme Court:

Provided that a person may be so appointed notwithstanding
that he has attained the age of sixty-five years.

(2) A person appointed under this article to be temporarily
a judge of the Federal Supreme Court shall hold office until-

(a) the Governor-General, acting on the recommendation
of the Judicial Service Commission, revokes his appoint-
ment; or

(b) he resigns his office by writing under his hand addressed
to the Governor-General.".

12. The following cross-heading and articles are inserted immedi- Insertion
ately after article 79 of the Constitution:- of articles
79A to 79r.
"The Judicial Service Commission
Judicial 79A.-(1) There shall be for the Federation a Judicial Service
Commsion.Commission, which shall consist of-
(a) the Chief Justice of the Federation, as Chairman;









The Constitution of t*e West Indies (Amendment)
19 Order in Council, 1960

(b) the Chairman of the Public Service Commission or some
other member of the Public Service Commission nominated
by the Chairman of that Commission to represent him at
any meeting of the Judicial Service Commission;

(c) the Federal Justice ranking next in seniority to the Chief
Justice of the Federation; and

(d) one other member (hereinafter called "the appointed
member") appointed in accordance with the provisions of
the next following paragraph.

(2) The Governor-General, acting in his discretion, may,
by instrument under the public seal, appoint to be a member
of the Judicial Service Commission a person who is or has
been a judge of a court having unlimited jurisdiction in civil
and criminal matters in some part of Her Majesty's dominions
or a court having jurisdiction in appeals from any such court:

Provided that no person shall be appointed under this para-
graph who is a judge of the Federal Supreme Court or a
member of the Senate or the House of Representatives.

(3) The appointed member of the Judicial Service Com-
mission shall vacate his office-

(a) at the expiration of three years from the date of his
appointment or at such earlier time as may be specified
in the instrument by which he was appointed;

(b) if he resigns his office by writing under his hand
addressed to the GovernorGeneral;
(c) if he becomes a judge of the Federal Supreme Court
or Chairman of the Public Service Commission, or a
member of the Senate or the House of Representa-
tives; or
(d) if the Governor-General, acting in his discretion, directs
that he shall be removed from office for inability or
misbehaviour.

(4) If the office of the appointed member is vacant or that
member is for any reason unable to perform its functions,
the Governor-General, acting in his discretion,, may, by instru-
ment under the public seal, appoint a person qualified for
appointment as such a member to act as a member of the Judi-
cial Service Commission and any person so appointed shall,
subject to the provisions of the last foregoing paragraph,
continue to act until the office of the appointed member is
filled or until his appointment is revoked by the Governor-
General, acting in his discretion.









The Constitution of the West Indies (Amendment)
Order in Council, 1960 20

(5) The appointed member shall not, while he holds or is
acting in the office of appointed member or within a period
of three years from the date on which he last held or acted
in the office of appointed member, be eligible for appointment
to any office power to make appointments to which is vested
in the Governor-General acting on the recommendation of the
Judicial Service Commission.

(6) There shall be charged on the revenues of the Federa-
tion and paid thereout to the appointed member such salary
and allowances as the Federal Legislature may by law
prescribe:

Provided that his salary shall not be reduced during his
continuance in office.

Proceed- 79B. At any meeting of the Judicial Service Commission a
ings of quorum shall be constituted if there are present the Chair-
Judicial
Service man of the Public Service Commission (or the member of
Commis- that Commission nominated to represent him at that meeting)
sion. and two other members; and if a quorum is present, the Com-
mission shall not be disqualified for the transaction of business
by reason of any vacancy among its members, and any pro-
ceedings of the Commission shall be valid notwithstanding
that some person who was not entitled so to do took part
therein.

Appoint- 79c.-(1) Power to make appointments (including appoint-
ment etc. ments on promotion and transfer) to the offices to which this
of certain
judges and article applies and to dismiss and to exercise disciplinary
officers, control over persons holding or acting in such offices shall vest
in the Governor-General, acting on the recommendation of the
Judicial Service Commission.

(2) This article applies to the office of judge of any Federal
court other than the Federal Supreme Court and such offices,
other than that of judge, connected with any Federal court
as may be prescribed by regulations made under article 79E
of this Constitution.

Delegation 79D. The Governor-General, acting on the recommendation
of functions of the Judicial Service Commission, may by instrument under
of Judicial
Service the public seal direct that power to make appointments
Commission (including appointments on promotion and transfer) to any
relating to offices to which the last foregoing article applies shall (with-
appoint- out prejudice to the exercise of that power by the Governor-
S General acting on the recommendation of the Commission)
be exercisable by such member or members of the Commission
or by such public officer of the Federation or other authority,
and subject to such conditions, as may be specified in the
instrument.









The Constitution of the West Indies (Amendment)
21 Order in Council, 1960

Regulations 79E. Subject to the provisions of this Constitution, the
regarding Governor-General, after consultation with the Prime Minister
Judicial
Service and the Judicial Service Commission, may make any regula-
Commis- tions which he considers necessary or expedient for providing
sion. for all or any of the following matters:-

(a) consultation by the Commission with persons other
than members of the Commission;

(b) the organisation of the work of the Commission;

(c) the protection and privileges of members of the Com-
mission in performing their functions, and the privilege
of communications to and from the Commission or its
members in case of legal proceedings;

(d) the definition and trial of'offences connected with the
functions of the Commission and the imposition of
penalties for such offences:

Provided that no such penalty shall exceed a fine of two
thousand dollars and imprisonment for a term of two years;
and

(e) generally, for giving effect to the provisions of articles
79A to 79D, inclusive, of this Constitution.".

Revocation 13. Article 96 of the Constitution is revoked and the following
of article article is substituted for article 101 of the Constitution:-
96 and
replace-
ment of "Regula- 101. The Governor-General may by regulations provide
article 101. tions. for-

(a) determining, for the purposes of article 94 of this Con-
stitution, what amount of any customs and excise
revenues accruing to the Federal Government in respect
of any financial year was derived from any Territory;

(b) determining, for the purposes of paragraphs (1) and
(2) of article 95 of this Constitution, what amount of
the proceeds for any financial year of any duty was
derived from any Territory; and

(c) determining, for the purposes of paragraph (1) of
article 95 of this Constitution, what amount of the
proceeds for any financial year of any duty levied on
a scheduled commodity was attributable to the fact
that that duty was levied at a rate higher than the
scheduled rate.".









The Constitution of the West Indies (Amendment)
Order in Council, 1960 22-

14. The following cross-heading and articles are inserted imme- Insertion
of articles
diately after article 101 of the Constitution:-- 1 lA to
101D.
"The Auditor-General
The 101A.-(1) Appointments to the office of Auditor-General
Auditor- of the Federation shall be made by the Governor-General by
General. instrument under the public seal, after consultation with the
Prime Minister and the Public Service Commission.

(2) If the office of Auditor-General is vacant or the Auditor-
General is for any reason unable to perform its functions,
the Governor-General, after consultation with the Prime
Minister and the Public Service Commission, may appoint
a person to act as Auditor-General, and any person so
appointed shall continue to act until the office of Auditor-
General is filled or until his appointment is revoked by the
Governor-General, after consultation with the Prime Minister
and the Public Service Commission.

(3) There shall be charged on the revenues of the Federa-
tion and paid thereout to the Auditor-General such salary
and allowances as the Federal Legislature may by law
prescribe:

Provided that the salary of the Auditor-General and his
conditions of service other than allowances shall not be altered
to his disadvantage during his continuance in office.

Tenure of 101B.-(1) Subject to the provisions of the next following
office of article, the Auditor-General shall hold office until he attains
Auditor-
General. the age of sixty years:
Provided that -

(a) he may at any time resign his office by writing under
his hand addressed to the Governor-General; and

(b) the Governor-General, after consultation with the
Prime Minister and the Public Service Commission,
may permit an Auditor-General who has attained the
age of sixty years to remain in office until he has
attained such later age, not exceeding sixty-five years,
as may (before the Auditor-General has attained the
age of sixty years) be agreed between the Governor-
General and the Auditor-General.

(2) Nothing done by the Auditor-General shall be invalid
by reason only that he has attained the age at which he is
required by this article to vacate his office,








The Constitution of the West Indies (Amendment)
23 Order in Council, 1960

Removalof 101c.-(1) The Auditor-General shall not be removed from
Auditor- office except for inability or misbehaviour and in accordance
General. with the provisions of the next following paragraph.

(2) If the Prime Minister, or the Chairman of the Public
Service Commission after consulting the Prime Minister,
represents to the Governor-General that the Auditor- General
should be removed from office for inability or misbehaviour,
the Governor-General shall refer the question to a tribunal
consisting of the Chief Justice of the Federation and two other
judges of the Federal Supreme Court nominated for that
purpose by the Chief Justice, and shall, if the tribunal so
recommends, remove the Auditor-General from office by
instrument under the public seal.

(3) If the question of removing the Auditor-General from
office has been referred to a tribunal under the last fore-
going paragraph, the Governor-General, acting in his dis-
cretion, may suspend the Auditor-General from performing
the functions of his office, but any such suspension may at
any time be revoked by the Governor-General, acting in his
discretion, and shall in any case cease to have effect if the
tribunal recommends to the Governor-General that the
Auditor-General should not be removed from office.

Functions 101D.-(1) The Auditor-General shall audit and report
of Auditor- annually on the accounts of -
General.
(a) the Federal Supreme Court;

(b) the Judicial Service Commission;
(c) the Public Service Commission;
(d) the departments of the Clerk of the Senate and the
Clerk of the House of Representatives; and
(e) all departments and offices of the Government of the
Federation;

and shall, with his staff, at all times have access to all books,
records and returns relating to those accounts.

(2) The Auditor-General shall submit his reports to the
Speaker (or, in his absence, to the Deputy Speaker), who
.shall cause them to be laid before the House of Representa-
tives; and he shall also send a copy of each report to the
Minister responsible for finance.

(3) In performing his functions under this article the
Auditor-General shall not be subject to the direction or con-
trol of any person or authority.".









The Constitution of the West Indies (Amendment)
Order in Council, 1960 24

15. The following Chapter is substituted for Chapter VII of the Replace-
Constitution:- ment of
Chapter
"CHAPTER VII VI.
THE FEDERAL PUBLIC SERVICE
General
Public 102.-(1) There shall be for the Federation a Public Service
Service. Commission, which shall consist of a Chairman and such
commission number of other members, being not less than three nor
more than five, as the Governor-General, acting in his dis-
cretion, may from time to time decide.

(2) The members of the Public Service Commission shall
be appointed by the Governor-General, after consultation with
the Prime Minister, by instrument under the public seal:

Provided that one such member shall be so appointed by
the Governor-General from a list of persons, not disqualified
for appointment under this article, submitted by the Federal
Public Service Association or any other body representing
members of the public service of the Federation which may
from time to time, in the opinion of the Governor-General,
acting in his discretion, have succeeded to the functions of
that Association.

(3) No person shall be qualified to be appointed as a member
of the Public Service Commission if he is a member of the
Senate, the House of Representatives or the Legislature of
any Territory, or if he holds or is acting in any public office.

(4) A member of the Public Service Commission shall vacate
his office -

(a) at the expiration of five years from the date of his
appointment or at such earlier time as may be specified
in the instrument by which he was appointed;

(b) if he resigns his office by writing under his hand
addressed to the Governor-General;

(c) if he becomes a member of the Senate, the House of
Representatives or the Legislature of any Territory;

(d) if he is appointed to any public office; or

(c) if the IGovernor-General, acting in his discretion, directs
that he shall be removed from office for inability or
misbehaviour.









The Constitution of the West Indies (Amendment)
23 Order in Council, 1960

(5) If the office of a member of the Public Service Com-
mission is vacant or a member is for any reason unable to
perform the functions of his office, the Governor-General,
after consultation with the Prime Minister, may appoint a
person who is qualified for appointment as a member of the
Commission to act as a member of the Commission, and any
person so appointed shall, subject to the provisions of the
last foregoing paragraph, continue to act until the office of
the member of the Commission is filled or until his appoint-
ment is revoked by the Governor-General acting in his
discretion.

(6) A member of the Public Service Commission shall not,
within a period of three years from the date on which he last
held or acted in that office, be eligible for appointment to
any office power to make appointments to which is vested
in the Governor-General, acting on the recommendation of the
Commission.

(7) There shall be charged on the revenues of the Federa-
tion and paid thereout to the members of the Public Service
Commission such salaries and allowances as the Federal
Legislature may by law prescribe:
Provided that the salary of a member of the Commission
shall not be reduced during his continuance in office.
(8) For the purposes of this article -
"public office" means an office in the public service of the
Federation or an office in the service of the Crown in a civil
capacity in respect of the government of any Territory, but
does not include -
(a) office as a member of the Executive Council of a Terri-
tory or as a member of any board, panel, committee or
other similar body (whether incorporated or not)
established by a law of the Legislature of a Territory;
(b) office as a member of the Judicial Service Commission
of the Federation or of a Public Service Commission, a
Judicial Service Commission, a Judicial and Legal
Service Commission or a Police Service Commission of
a Territory or any body with like functions established
for a Territory; or

(c) office as a judge of the Federal Supreme Court or of a
superior court of a Territory.

Proceed- 103. At any meeting of the Public Service Commission a
ngs of quorum shall be constituted if three members are present, and
Service if a quorum is present, the Commission shall not be disqualified
Commis- for the transaction of business by reason of any vacancy
sion.









The Constitution of Ahe West Indies (Amendment)
Order in Council, 1960 26'

among its members, and any proceedings of the Commission
shall be valid notwithstanding that some person who was not
entitled so to do took part therein.

Appoint- 104.-(1) Subject to the provisions of this Constitution,
meant etc. power to make appointments (including appointments on
officers, promotion and transfer) to offices in the public service of
the Federation and to dismiss and to exercise disciplinary
control over persons holding or acting in such offices shall
vest in the Governor-General, acting on the recommendation
of the Public Service Commission.

(2) (a) Appointments (including appointments on promo-
tion and transfer) to overseas offices of the Federation shall
be made by the Governor-General, after consultation with
the Prime Minister.

(b) Subject to the provisions of paragraphs (4) and (5) of
this article, power to dismiss and to exercise disciplinary
control over persons holding or acting in overseas offices shall
vest in the iGovernor-General, acting after consultation with
the Prime Minister.

(c) For the purposes of this article "overseas office" means
an office in the public service of the Federation designated as
such by the Governor-General, acting in accordance with the
advice of the Prime Minister, the holder of which is required
to reside outside the Federation when on duty; and "overseas
officer" means a person holding or acting in an overseas office.

(3) Before the Governor-General acts in accordance with
any recommendation of the Public Service Commission that
a public officer of the Federation should be dismissed or that
any other penalty should be imposed on him by way of
disciplinary control, he shall inform the officer of the recom-
mendation and-

(a) if the officer so requests, he shall refer the case to the
Public Service Appeal Board constituted by article 105B
of this Constitution; and

(b) he may, acting on the recommendation of the Com-
mission, suspend the officer from performing the
functions of his office pending the determination of the
reference to the Board.

(4) Before the Governor-General dismisses an overseas
officer or imposes any other penalty on him by way of
disciplinary control, he shall inform the officer of his intention
and-









The Constitution of the West Indies (Amendment)
27 Order in Council, 1960

(a) if the officer so requests, he shall refer the case to the
Public Service Appeal Board; and
(b) he may, after consultation with the Prime Minister,
suspend the officer from performing the functions of
his office pending the determination of the reference to
the Board.

(5) Where a, reference is made to the Public Service Appeal
Board under the provisions of this article, the Board shall
consider the case and shall advise the Governor-General what
action should be taken in respect of the officer, and the
Governor-General shall then act in accordance with that
advice.

Delegation 105.-(1) The Governor-General, acting on the recommen-
of functions nation of the Public Service Commission, may by instrument
of Public
Service under the public seal direct, as respects any offices to which
Commis- he has power, acting on such a recommendation, to make
sion. appointments (including appointments on promotion and
transfer) that that power, and power to dismiss and to exercise
disciplinary control over persons holding or acting in those
offices, shall (without prejudice to the exercise of those
powers by the Governor-General acting on the recommenda-
tion of the Commission) be exercisable by such member or
members of the Commission or by such public officer of the
Federation or other authority, and subject to such conditions,
as may be specified in the instrument.
(2) Where, by virtue of an instrument made under this
article, the power to dismiss or to exercise disciplinary control
over an officer is to be exercised by a person or authority other
than the Governor-General, acting on the recommendation
of the Public Service Commission, the officer shall be informed
of the intention to exercise that power and, if he so requests,
the case shall be referred to the Public Service Appeal Board,
and-

(a) the Governor-General shall take such action in respect
of the officer as the Board, after considering any repre-
sentations that the Public Service Commission may
make, may advise; and
(b) the said person or authority may suspend the officer
from performing the functions of his office pending the
determination of the reference to the Board.

Regula- 105A. Subject to the provisions of this Constitution, the
tions Governor-General, after consultation with the Prime Minister
Public and the Public Service Commission, may make any regulations
Service which he considers necessary or expedient for providing for
Commis- all or any of the following matters-
sion.









The Constitution of the West Indies (Amendment)
Order in Council, 1960 28

(a) the exercise by the Commission of additional functions;

(b) consultation by the Commission with persons other than
members of the Commission;

(c) the organisation of the work of the Commission;

(d) the protection and privileges of members of the
Commission in performing their functions, and the
privilege of communications to and from the Commis-
sion or its members in case of legal proceedings;

(e) the definition and trial of offences connected with the
functions of the Commission and the imposition of
penalties for such offences:

Provided that no such penalty shall exceed a fine of
two thousand dollars and imprisonment for a term of
two years; and

(f) generally, for giving effect to the provisions of articles
102 to 105, inclusive, of this Constitution.

Public 105B.-(1) There shall be for the Federation a Public
Service Service Appeal Board, which shall consist of not less than five
Appeal
Board. members.
(2) The members of the Public Service Appeal Board shall
be appointed by the Governor-General, after consultation with
the Prime Minister, by instrument under the public seal.

(3) At least one member of the Public Service Appeal Board
shall be a judicial member, that is to say, a person who is or
has been a judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of Her Majesty's
dominions or a court having jurisdiction in appeals from any
such court.

(4) A member of the Public Service Commission shall not
be qualified to be appointed as a member of the Public Service
Appeal Board, and any member of the Board who is appointed
as a member of that Commission shall vacate his office as a
member of the Board.
(5) The provisions of paragraphs (3), (4), (5), (7) and (8)
of article 102 of this Constitution shall apply in relation to a
member of the Public Service Appeal Board as they apply in
relation to a member of the Public Service Commission.

(6) A member of the Public Service Appeal Board shall not,
within a period of three years from the date on which he last
held or acted in that office, be eligible for appointment to any









The Constitution of the West Indies (Amendment)
29 Order in Council, 1960

office power to make appointments to which is vested in the
Governor-General, acting on the recommendation of the
Public Service Commission.

Proceed- 105c. For the purpose of hearing and determining any case
wings of referred to the Public Service Appeal Board the Board may
Public
Service act by three of its members, one of whom shall be a judicial
Appeal member and shall preside over the proceedings.
Board.

Regula- 105D. Subject to the provisions of this Constitution, the
tions Governor-General, after consultation with the Public Service
regarding
Public Appeal Board, may make any regulations which he considers
Service necessary or expedient for providing for all or any of the
Appeal following matters:-
Board.
(a) the organisation of the work of the Board;

(b) the time within which and the manner in which applica-
tion may be made for a reference to the Board, and
matters incidental to such references; and

(c) generally for giving effect to the provisions of this and
the two last foregoing articles.

Appointments to certain offices
The 105E. Appointments to the office of Attorney-General of the
Attorney
General.- Federation shall be made by the Governor-General, after
consultation with the Prime Minister.

Secretary 105F.-(1) Appointments to the office of Secretary to the
to the Cabinet shall be made by the Governor-General, acting on the
recommendation of the Prime Minister, from a list of persons
submitted by the Public Service Commission.

(2) The Secretary to the Cabinet shall have charge of the
Cabinet Office and shall be responsible, in accordance with
such instructions as may be given to him by the Prime
Minister, for arranging the business for, and keeping the
minutes of, the meetings of the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person or
authority, and shall have such other functions as the Prime
Minister may from time to time direct.

Secretary 105G.-(1) Appointments to the office of Secretary to the
o theor- Governor-General shall be made by the Governor-General,
Governor-
General. acting in his discretion.

(2) The Secretary to the Governor-General shall assist the
Governor-General in such matters as the Governor-General,









The Constitution of the West Indies (Amendment)
Order in Council, 1960 30

acting in his discretion, may from time to time direct, and
shall not be subject to the direction or control of any other
person or authority.

(3) The Governor-General, acting in his discretion, shall
have power to dismiss and to exercise disciplinary control over
the Secretary to the Governor-General, but he shall inform
the Secretary of any intention to exercise that power and, if
the Secretary so requests, the case shall be referred to the
Public Service Appeal Board, and the Governor-General-

(a) shall take such action in respect of the Secretary as the
Board may advise; and

(b) may suspend the Secretary from performing the func-
tions of his office pending the determination of the
reference to the Board.

Permanent 105H.-(1) Appointments to the office of Permanent
Secretaries. Secretary (other than appointments on transfer from another
such office carrying the same salary) shall be made by the
Governor-General, acting on the recommendation of the
Public Service Commission, and after consultation with the
Prime Minister, who may once require to be referred back
to the Commission that recommendation, or any different
recommendation that the Commission may submit.

(2) Appointments to the office of Permanent Secretary on
transfer from another such office carrying the same salary
shall be made by the Governor-General, acting on the recom-
mendation of the Prime Minister.

(3) Subject to the general direction and control of the
Minister to whom responsibility for dealing with any business
on behalf of the Federal Government is assigned under article
61 of this Constitution, a Permanent Secretary shall supervise
the department of government charged with that business.

(4) The Financial Secretary shall, for the purposes of this
article, be deemed to be a Permanent Secretary.

Federal 1051. So long as there is an office of Federal Secretary
Secretary. appointments to that office shall be made by the Governor-
General, after consultation with the Prime Minister and the
Public Service Commission.".

16.-(1) Any appointment subsisting immediately before the Existing
commencement of this Order of a person to be Prime Minister or a appoint-
Minister, and any appointment subsisting immediately before the date ments.
on which sections 8, 12 and 15 of this Order come into operation of a
person-








The Constitution of the West Indies (Amendment)
31 Order in Council, 1960

(a) to be a judge of the Federal Supreme Court;
(b) to be Federal Secretary, Attorney-General of the
Federation, Financial Secretary of the Federation,
Secretary to the Governor-General or a Permanent
Secretary; or
(c) subject to the provisions of the following subsection, to
hold any other office in the public service of the
Federation,
shall, from the commencement of this Order or, as the case may be, the
date on which sections 8, 12 and 15 of this Order come into operation,
have effect as if they had been made under the provisions of the
Constitution as amended by this Order.

(2) (a) Any appointment subsisting immediately before the com-
mencement of this Order of a person to be Clerk of the Senate or Clerk
of the House of Representatives shall, from the commencement of this
Order, have effect as if it had been made under the provisions of article
42A of this Constitution.
(b) The person who, immediately before the commencement of this
Order, held the office of Deputy Clerk of the Legislature shall, from the
commencement of this Order, hold the offices of Deputy Clerk of the
Senate and Deputy Clerk of the House of Representatives as if he had
been appointed to those offices under the provisions of article 42A of this
Constitution.

(c) Any appointment subsisting immediately before the commence-
ment of this Order of a person to hold any office (other than the office
of Deputy Clerk of the Legislature) on the staff of the Clerk of the
Senate or of the Clerk of the House of Representatives shall, from such
date as the Governor-General by notice published in the Gazette may
prescribe, have effect as if it had been made under the provisions of
article 42A of this Constitution.

(d) Notwithstanding the foregoing provisions of this subsection, any
person referred to in this subsection may, before such date as the
Governor-General by notice published in the Gazette may prescribe,
declare in writing under his hand addressed to the ,Governor-General
that he wishes to continue to hold office in the public service of the
Federation on the terms of service which applied to him immediately
before the commencement of this Order.
Regula- 17.-(1) The Governor-General may, with the concurrence of the
etifor- Secretary of State, make such provision, by regulations published in the
ment etc. Gazette, as appears to him to be necessary or expedient for the retire-
of certain ment from the public service of the Federation of such persons or classes
officers. of persons holding office in that service immediately before sections 12
and 15 of this Order come into operation as may be specified by or under
those regulations and for the payment of compensation, pensions,
gratuities and other like allowances in such cases.








The Constitution of the West Indies (Amendment)
Order in Council, 1960 32

(2) All sums payable by virtue of regulations made under the fore-
going subsection shall be charged on the revenues of the Federation and
shall be paid out upon warrant under the hand of the Governor-General.

18.-(1) The Governor-General may, by Order published in the Adapta-
Gazette, at any time within twelve months after the commencement existing
of this Order, provide that any law of the Federal Legislature in force laws.
immediately before the commencement of this Order shall be read and
construed with such adaptations and modifications as may appear to the
Governor-General to be necessary or expedient for bringing the provi-
sions of that law into conformity with the provisions of this Order or
otherwise for giving effect or enabling effect to be given to those
provisions; and any such law shall have effect accordingly from such
date as may be specified in the Order, not being a date earlier than the
commencement of this Order.

(2) An Order made under this section may be revoked or amended
by a further Order so made or, in relation to any law affected thereby,
by the authority having power to repeal, revoke or amend that law.

19. The Constitution is amended- Minor and
consequen-
(a) by deleting the words "in his discretion" from paragraph tial
(3) of article 8; amend-
ments.
(b) by substituting for the words "Council of State" the word
"Cabinet" in paragraphs (3) and (4) of article 14,
paragraphs (2), (4) and (5) of article 24, paragraphs (1)
and (2) of article 28, and in the definition of "the public
service of the Federation" in paragraph (1) of article 116;
(c) by revoking article 114; and
(d) by substituting for sub-paragraph (a) of paragraph (6) of
article 116 the following sub-paragraph:-
"(a) being in receipt of any remuneration or allowances
as a Minister or Parliamentary Secretary of the
Federal Government or of the Government of any
Territory or as a member of the Federal Legislature
or of the Legislature or Executive Council of any
Territory;".
W. G. Agnew.


EXPLANATORY NOTE

(This Note is not part of the Order, but is
intended to indicate its general purport.)

This Order amends the Constitution of the West Indies by
substituting a Cabinet for the Council of State established by Chapter
IV, and providing for an executive (instead of an advisory) Public








The Constitution of the West Indies (Amendment)
33 Order in Council, 1960

Service Commission, for an executive Judicial Service Commission, for
an Auditor-General, and for the appointment of certain senior officers
and the staff of the Federal Legislature. It also saves existing appoint-
ments, empowers the Governor-General to provide by regulations for
retirement benefits for certain officers and by Order to make
consequential modifications in existing laws, and it makes some minor
and consequential amendments.


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by authority of the Government of The West Indics.




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