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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00172
 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 7, 1960
 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.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00172
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
    Main
        Page 101
    Legal Supplement
        A-48
    Legal Supplement: pt. 2 Statutory Instruments (No. 15 of 1960): The Defence (Enlistment and Service) (Amendment) Regulations, 1960
        A-49
    Legal Supplement: pt. 2 Statutory Instruments (No. 16 of 1960): The Proclamation bringing the Constitution of the West Indies (Amendment No. 2) Order in Council, 1960, into operation
        A-50
    Appendix: The Constitution of the West Indies (Amendment No. 2) Order in Council, 1960
        B-34
        B-35
        B-36
        B-37
        B-38
        B-39
        B-40
        B-41
Full Text






















THE WEST INDIES GAZETTE


Vol. 3 WEDNESDAY, 7th DECEMBER, 1960. No. 48

LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No. Page
15 of 1960 The Defence (Enlistment and Service)
(Amendment) Regulations, 1960. 49
16 of 1960 The Proclamation bringing the Constitution
of the West Indies (Amendment No. 2)
Order in Council, 1960, into operation 50







The Defence (Enlistment and Service) (Amendment)
49 Regulations, 1960.


THE WEST INDIES

STATUTORY INSTRUMENT No. 15 of 1960.

THE DEFENCE (ENLISTMENT AND SERVICE)
(AMENDMENT) REGULATIONS, 1960.

Made by His Excellency the Governor-General under Section
221 of the Defence Act, 1958.

ARRANGEMENT OF REGULATIONS
Regulation
1. Citation.
2. Amendment of Second Schedule to principal Regulations.



His Excellency the Governor-General in exercise of the
Cap. 101. powers conferred on him by section 221 of the Defence Act, 1958, and
of all other powers thereunto him enabling in that behalf, hereby makes
the following Regulations:-

Citation. 1. These Regulations may be cited as the Defence (Enlistment
and Service) (Amendment) Regulations, 1960, and shall be read as one
with the Defence (Enlistment and Service) Regulations, 1958, herein-
after referred to as the principal Regulations.

Amend- 2. The Second Schedule to the principal Regulations is hereby
ment of amended by inserting -
Second
Schedule (a) at the end of the first column thereof, the words
Regula- "Termination of engagement"; and
tions.
(b) in the second column opposite to the words so inserted,
the words "the Commanding Officer".


Made this 3rd day of December, 1960.

By Command,

M. STAVELEY,
Secretary to the Governor-General.




V I U


Proclamation bringing the Constitution of the West Indies (Amendment
No. 2) Order in Council, 1960 into operation 50


THE WEST INDIES

STATUTORY INSTRUMENT No. 16 of 1960.

PROCLAMATION

By His Excellency The Right Honourable
The Lord Hailes, Member of Her Majesty's
Most Honourable Privy Council, Knight
[L.S.] Grand Cross of the Most Excellent Order
of the British Empire, Governor- General and
Commander-in-Chief of THE WEST INDIES.
etc. etc. etc.
HAILES,
Governor-General.

WHEREAS by subsection (2) of section 1 of the Constitution of the
West Indies (Amendment No. 2) Order in Council, 1960, it is provided
that the Order in Council shall come into operation on a day to be
appointed by the Governor-General by proclamation:

AND WHEREAS it is expedient that the Order in Council shall
come into operation on the seventh day of December, one thousand
nine hundred and sixty:

NOW THEREFORE by virtue of the power and authority in me
vested I do hereby appoint the seventh day of December, one thousand
nine hundred and sixty as the day on which the Constitution of the
West Indies (Amendment No. 2) Order in Council, 1960, shall come
into operation.

Given under my hand and the public seal of the
Federation this sixth day of December,
one thousand nine hundred and sixty in the
ninth Year of Her Majesty's reign.

GOD SAVE THE QUEEN.

By His Excellency's Command,

M. STAVELEY,
Secretary to the Governor-General.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trnidad,
By Authority.



























THE WEST INDIES GAZETTE

Vol. 3. WEDNESDAY, 7th DECEMBER, 1960 No. 48


LEGAL SUPPLEMENT

APPENDIX

TABLE OF CONTENTS
Page
The Constitution of the West Indies (Amendment
No. 2) Order in Council, 1960 35






The Constitution of the West Indies (Amendment No. 2)
35 Order in Council, 1960

The Constitution of the West Indies (Amendment No. 2)
Order in Council, 1960, is published below for general information.

THE CONSTITUTION OF THE WEST INDIES (AMENDMENT
No. 2) ORDER IN COUNCIL, 1960

ARRANGEMENT OF ORDER
Section
1. Citation, construction and commencement.
2. Replacement of articles 3 and 4.
3. Replacement of article 92.
4. Insertion of articles 105j and 105K.
5. Adaptation of existing laws.
6. Minor and consequential amendments.

At the Court at Buckingham Palace
The 30th day of November, 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
construc- Indies (Amendment No. 2) Order in Council, 1960, and shall be con-
tion and strued as one with the Constitution of the West Indies, as amended
commence- by the Constitution of the West Indies (Amendment) Order in Council,
meant. 1959, and the Constitution of the West Indies (Amendment) Order in
Council, 1960, and the Constitution of the West Indies, as so amended,
is hereinafter referred to as "the Constitution".

(2) This Order shall be published in the Gazette and shall come
into operation on a day to be appointed by the Governor-General by
proclamation published in the Gazette.

Replace- 2. The following articles are substituted for articles 3 and 4 of
ment of the Constitution:-
articles
3 and 4. "Deputy 3.-(1) There shall be a Deputy Governor-General of the
Governor- Federation who shall be appointed by the Governor-General
General in pursuance of instructions given by Her Majesty through
a Secretary of State.
(2) There shall be charged on the revenues of the Federa-
tion and paid thereout to the Deputy Governor-General the

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









The Constitution of the West Indies (Amendment No. 2)
Order in Council, 1960 36

salary specified in the Second Schedule to this Constitution
or such salary as the Federal Legislature may by law prescribe
in substitution therefore:

Provided that the salary of a Deputy Governor-General
shall not be reduced during his continuance in office.

Succession 4.-(1) During any period when the office of Governor-
to Govern- General is vacant or the Governor-General is absent from
ment of
Federation. the Federation or is for any other reason unable to perform
the functions of his office those functions shall, during Her
Majesty's pleasure, be assumed and performed by-

(a) the Deputy Governor-General; or

(b) if the office of Deputy Governor-General is vacant
or the Deputy Governor-General is absent from the
Federation or is for any other reason unable to
perform the functions of the office of Governor-
General, such person (in this and the next following
article called "the person designated") as Her
Majesty may designate by instructions given
through a Secretary of State.

(2) Before assuming the functions of the office of Governor-
General under this article the Deputy Governor-General or
the person designated shall make the oaths or affirmations
directed by article 2 of this Constitution to be made by the
Governor-General.

(3) Before the Deputy Governor-General or the person
designated assumes the functions of the office of Governor-
General under this article, or as soon as practicable there-
after, notice shall be published in the Gazette that he is about
to assume or, as the case may be, that he has assumed, those
functions.

(4) The Deputy Governor-General shall not continue to
perform the functions of the office of Governor-General after
the Governor-General has notified him that he is about to
assume or resume those functions, and the person designated
shall not continue to perform those functions after the
Governor-General or the Deputy Governor-General has so
notified him.

(5) The Governor-General (or, as the case may be, the
Deputy Governor-General or person designated when he has
assumed the functions of the office of Governor-General under
this article) shall not, for the purposes of this article, be
regarded as absent from the Federation or as unable to per-
form the functions of the office of Governor-General-








The Constitution of the West Indies (Amendment No. 2)
37 Order in Council, 1960

(a) by reason only that he is in passage from one part
of the Federation to another; or

(b) at any time when a person authorised by him under
the next following article is performing those
functions.

Appoint- 4A.-(1) The Governor-General (or, as the case may be,
ment of the Deputy Governor-General or person designated when he
peron to has assumed the functions of the office of Governor-General
functions of under the last foregoing article) may, acting in his discretion,
Governor- by instrument under the public seal appoint any person in the
General. Federation to perform on his behalf such of the functions of
the office of Governor-General on such occasions, and subject
to such conditions, as may be specified in the instrument.

(2) The power and authority of the Governor-General (or,
as the case may be, the Deputy Governor-General or person
designated) shall not be abridged, altered or in any way
affected by any appointment made under this article, and
any instructions that he may, acting in his discretion, from
time to time address to the person appointed shall be com-
plied with by that person, but the question whether or not
that person has in any matter complied with any such instruc-
tions shall not be enquired into by any court.

(3) A person appointed under this article shall hold that
appointment for such period as may be specified in the instru-
ment by which he is appointed, and his appointment may be
revoked at any time by Her Majesty by instructions given
through a Secretary of State or by the Governor-General
acting in his discretion."

Replace- 3. The following articles are substituted for article 92 of the
ment of Constitution:-
article 92.
"Consoli- 92.-(1) All revenues and moneys howsoever raised or
dated Fund. received by the Federation (not being revenues or moneys
appropriated by this Constitution or a law of the Federal
Legislature for specific purposes) shall be paid into and form
one fund, to be known as the Consolidated Fund.

(2) Subject to the next following paragraph, no moneys
shall be withdrawn from the Consolidated Fund except upon
the authority of a warrant under the hand of the Minister
responsible for finance which shall be issued only if they
are by this Constitution or a law of the Federal Legislature-

(a) charged on the Consolidated Fund:


(b) charged on the revenues and assets of the Federation;









The Constitution of the West Indies (Amendment No. 2)
Order in Council, 1960 38

(c) authorised to be issued by an Appropriation Act; or

(d) authorised to be issued under article 92D of this Con-
stitution.

(3) The last foregoing paragraph does not apply to any
such sums as are mentioned in paragraph (3) of the next
following article.

Annual 92A.-(1) The Minister responsible for finance shall cause
financial to be prepared and laid before the House of Representatives
statement. .
in each financial year a statement of the estimated receipts
and expenditure of the Federation for the next following
financial year.

(2) The estimates of expenditure shall show separately-

(a) the total sums required to meet expenditure charged
on the Consolidated Fund; and

(b) subject to the next following paragraph, the sums
respectively required to meet the heads of other ex-
penditure proposed to be met from the Consolidated
Fund.

(3) The sums to be shown under sub-paragraph (b) of the
last foregoing paragraph do not include sums representing
any money or interest on money received by the Federation
subject to a trust and to be applied in accordance with the
terms of the trust.

(4) The said statement shall also show, so far as is
practicable, the assets and liabilities of the Federation at the
end of the last completed financial year, the manner in which
those assets are invested and held,and the general heads in
respect of which those liabilities are outstanding.

(5) Unless a law of the Federal Legislature otherwise pro-
vides, the financial year of the Federation shall begin on the
first day of January and end on the thirty-first day of
December.

Appropria- 92B. The heads of expenditure to be met from the Con-
tion Bills. solidated Fund but not charged thereon, other than expendi-
ture to be met by such sums as are mentioned in paragraph
(3) of the last foregoing article, shall be included in a Bill
to be known as an Appropriation Bill, providing for the issue
from the Consolidated Fund of the sums necessary to meet
that expenditure and the appropriation of those sums for the
purposes specified therein.








The Constitution of the West Indies (Amendment No. 2)
39 Order in Council, 1960

Supple- 92c. If in respect of any financial year it is found-
mentary
and excess
expendi- (a) that the amount appropriated by the Appropriation Act
ture. for any purpose is insufficient, or that a need has arisen
for expenditure for a purpose for which no amount
has been appropriated by the Appropriation Act; or

(b) that any moneys have been expended for any purpose
in excess of the amount (if any) appropriated for the
purpose by the Appropriation Act,
a supplementary estimate showing the sums required or spent
shall be laid before the House of Representatives and the
heads of any expenditure shall be included in an Appropriation
Bill.

Authorisa- 92D. If the Appropriation Act in respect of ,any financial
tion of year has not come into operation by the beginning of that
expendi-
turebefore financial year, the Minister responsible for finance may
appropria- authorise the withdrawal of moneys from the Consolidated
tion. Fund for the purpose of meeting expenditure necessary for
carrying on the government of the Federation until the ex-
piration of four months from the beginning of that financial
year or the coming into operation of the Appropriation Act,
whichever is the earlier.

Contingen- 92E.-(1) The Federal Legislature may by law provide for
cies Fund. the creation of a Contingencies Fund and for authorising the
Minister responsible for finance, if satisfied that there has
arisen an urgent and unforeseen need for expenditure for
which no other provision exists to make advances from the
Contingencies Fund to meet that need.

(2) Where any advance is made in accordance with the
foregoing paragraph a supplementary estimate shall be pre-
sented and an Appropriation Bill shall be introduced as soon
as possible for the purpose of replacing the amount so
advanced.

The public 92F. The public debt of the Federation (including the
debt. interest thereon, sinking fund payments, redemption moneys,
and the costs, charges and expenses incidental to the manage-
ment of the public debt) shall be charged on the revenues
and assets of the Federation."

Insertion of 4. The following cross-heading and articles are inserted at the
articles 105J end of Chapter VII immediately after article 1051 of the Constitu-
and 105K. t
tion:-








The Constitution of the West Indies (Amendment No. 2)
Order in Council, 1960 40

"Compensation, pensions and gratuities
Pensions, 105j. There shall be charged on the Consolidated Fund any
etc. charged benefits payable under any law of the Federal Legislature,
on Consoli-
dated or any instrument having the force of law, providing for the
Fund. grant of compensation, pensions, gratuities or other like
benefits to persons who are or have been members of the
public service of the Federation in respect of their service
in that public service or to the widows, children, dependants
or personal representatives of such persons in respect of such
service.

Power to 105K.-(1) Where any benefits mentioned in the last fore-
withhold, going article can be withheld, reduced in amount or sus-
reduce or
suspend pended by any person or authority under any law of the
pensions, Federal Legislature or any instrument having the force of
etc. law, those benefits shall not be withheld, reduced in amount
or suspended-

(a) in the case of benefits that have been granted in respect
of the service in the public service of the Federation
of any person who at the time when he ceased to be a
member of that public service was subject to the juris-
diction of the Judicial Service Commission or for which
any person may be eligible in respect of such service,
without the approval of that Commission;

(b) in any other case, without the approval of the Public
Service Commission.

(2) No benefits to which this article applies that have been
granted to any person who holds or has held the office of a
judge of the Federal Supreme Court or of Attorney-General
or Auditor-General or for which any such person may be
eligible shall be withheld, reduced in amount or suspended
on the ground that that person has been guilty of mis-
behaviour while holding that office unless that person has
been removed from that office for misbehaviourr"

5.-(1) The Governor-General may, by Order published in theAdaptation
Gazette, at any time within twelve months after the commencement ofof existing
this Order, provide that any law of the Federal Legislature in forceaws
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
provisions 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.








The Constitution of the West Indies (Amendment No. 2)
41 Order in Council, 1960

(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.

Minor and 6.-(1) The Constitution is amended-
consequen-
tial amend- (a) by substituting for the words "see fit to give him:" and the proviso
ments. in paragraph (2) of article 2 the words "see fit to give him; but the
question whether or not he has in any matter complied with any such
instructions shall not be enquired into by any court."; and

(b) by adding the following to the Second Schedule:-

"SALARY OF THE DEPUTY GOVERNOR-GENERAL
Salary ......................... 18,000 dollars per annum"
and substituting for the cross-reference at the top of the Second Schedule
the following:-
"Articles 2 (4) and 3 (2)".
(2) For the marginal note to section 12 of the Constitution of
the West Indies (Amendment) Order in Council, 1960, the words
"Insertion of articles 79A to 79E." are substituted.

IW. 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
making provision for the appointment of a Deputy Governor-General,
the creation of a Consolidated Fund, the procedure for the authorisation
of expenditure and the charging of the public debt. It also contains
certain provisions relating to retirement benefits and empowers the
Governor-General by Order to make consequential modifications in
existing laws.









Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.




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