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 Gazette Notice No. 37: Special...
 Bill: The Supplementary Appropriation...
 Bill: The West Indies Shipping...














Group Title: West Indies gazette
Title: The West Indies gazette
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00188
 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: March 24, 1961
 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: VID00188
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
    Gazette Notice No. 37: Special Duties & Gazette Notice No. 38: Publication of Bills
        Page 27
        Page 28
    Bill: The Supplementary Appropriation (No. 1) Bill
        A-1
        A-2
        A-3
        A-4
    Bill: The West Indies Shipping Corporation Bill
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
        B-7
        B-8
        B-9
        B-10
        B-11
        B-12
        B-13
        B-14
Full Text















The West Indies Gazette .


VOL. 4 FRIDAY, 24TH MARCH, 1961 No. 13


TABLE OF CONTENTS
GAZETTE NOTICES
No. SUBJECT MATTER PAGE
37 Special Duties ... ... .. ... 27
38 Publication of Bills ... ... .. ... 27


SPECIAL DUTIES

MR. CARLTON AHWAI, Establishment Officer, Federal Ministry of Finance, has been assigned special duties
connexion with the Salaries Revisions in the Windward and Leeward Territories from 27th February, 1 6l1,
inclusive until further notice.


38
PUBLICATION OF BILLS

NOTICE is hereby given that the following Bills are published in this Gazette for public information :-
The Supplementary Appropriation (No. 1) Bill.
The West Indies Shipping Corporation Bill.


GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1961


JW. 72 ?7

W3'22.


1







The Supplementary Appropriation (No. 1) Bill


THE WEST INDIES

THE SUPPLEMENTARY APPROPRIATION
(No. 1) BILL

OBJECTS AND REASONS

The object of this Bill is to make further provision
rout of the Consolidated Fund of the Federation for the
,services of the year ending 31st December, 1961, in addition
to the sums appropriated by the Appropriation (1961) Act,
1960.







2 The Supplementary Appropriation (No. 1) Bill


THE 'WEST INDIES

ACT No. of. 1961

THE SUPPLEMENTARY APPROPRIATION
(No. 1) BILL

ARRANGEMENT OF CLAUSES

Clause
1. Short title.
2. $533,727 appropriated out of the Consolidated Fund.

SCHEDULE




A Bill intituled

AN ACT to appropriate an additional sum from the
Consolidated Fund of the Federation for the services for
the year ending on the thirty-first day of December, one
thousand, nine hundred and sixty-one.

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 Supplementary
Appropriation (No. 1) Act, 1961.
$533,727 2. The Accountant General may withdraw from the
printed Consolidated Fund of the Federation on the warrant of the
out of the Minister of Finance and apply towards the services of the
Consolida-
ted Fd. year ending on the thirty-first day of December, one thousand
nine hundred and sixty one the sum of five hundred and
thirty-three thousand, seven hundred and twenty-seven
dollars which sum is appropriated and shall be deemed to
have been appropriated as from the first 'day of January
one thousand nine hundred and sixty one for the services and
purposes set out in the Schedule to this Act.








The Suppleuientary Appropriation


SCHEDULE
Head $
2 Federal Supreme Court .. 4,882

4 Audit .. ... 200

6 Law Officers .. .. ... 9,150

8 Prime Minister ... 2,486

10 Finance .. .... .. 424

11 Trade and Industry 116.850

12 Communications and Works . . 14,560

14 Labour and Social Affairs .. 1,000

16 Miscellaneous Services .. 74,407

17 Overseas Commissions-United Kingdom .. 1.218

20 Overseas Commissions-
Students Services, U.S.A. .. .. 349

22 Regional Contributions and Services .. 139,931

23 Expenses Federal Capital .. .. .. 33,600

Total Ordinary Expenditure .. .. $399,057

24 Colonial Development and
Welfare Schemes .. .. .. 134,670

Total .. .. .. $533.727


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


(No. 1) Bill 3







The West Indies Shipping Corporation Bill

THE WEST INDIES

THE WEST INDIES SHIPPING
CORPORATION BILL

OBJECTS AND REASONS

The object of this Bill is to provide for the establish-
ment of a corporation to operate and maintain shipping
services for the transport of mails, passengers and
goods, and for purposes connected therewith.








2 The West Indies Shipping Corporation Bill


THE WEST INDIES


ACT No.


of 1961


THE WEST INDIES SHIPPING CORPORATION
BILL


ARRANGEMENT OF CLAUSES


Clause
1. Short title and commencement.
2. Application to Cayman Islands and Turks and Caicos Islands.
3. Interpretation.
4. Establishment of Corporation.
5. Constitution of Corporation.
6. Functions, powers and duties.
7. Powers of Minister.
8. Corporation may demand fares, etc.
9. Schedule of routes and frequencies to be approved by Minister.
10. Appointment of Secretary, officers and servants.
11. Pensions.
12. Borrowing powers.
13. Guarantee of loans.
14. Government loans.
15. Monies required for purposes of section 13 and 14 charged on
Consolidated Fund.
16. Government Grants.
17. Capital Stock.
18. Investments.
19. Reserves.
20. Application of revenues.
21. Transfer of Crown ships.
22. Accounts and audit.
23. Annual report.
24. Exemption from income tax.
25. Supplementary provisions.
SCHEDULE


A Bill intituled

AN ACT to provide for the establishment of a corporation to
operate and maintain shipping services for the transport
of mails, passengers and goods, and for purposes con-
nected therewith.








The West Indies Shipping Corporation Bill 3

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:-

1. (1) This Act may be cited as the West Indies Short title
and corn-
Shipping Corporation Act, 1961. mencement.

(2) Subject to the provision of section 2 of this Act,
this Act shall come into operation on such day as the
Governor-General may by proclamation appoint.

2. (1) This Act shall apply to the Cayman Islands Application
and the Turks and Caicos Islands. lt aynand
Turks and
Caicos
(2) This Act shall in relation to the Cayman Islands Islands.
and the Turks and Caicos Islands come into operation on
such day as the Governor-General may by order appoint.

3. In this Act unless the context otherwise tatnre-
requires-

"Crown" means the Crown in right of the
Federation;

"financial year" means a period of twelve months
commencing on the 1st day of January;

"Minister" means the Minister to whom the
Governor-General has for the time being
assigned responsibility for this Act;

"Minister of Finance" means the Minister for
the time being responsible for finance;

"remuneration" includes reasonable allowances in
respect of expenses properly incurred in the
performance of the duties of any office;

"the Corporation" means the Corporation
established by section 4 of this Act.








4 The West Indies Shipping Corporation Bill

Establish- 4. (1) For the purposes pf this Act there is hereby
ment of
Corpora- established a. body to be called the West Indies Shipping
tion. Corporation.

(2) The Corporation shall be a body corporate hav-
ing perpetual succession and a common seal with power to
hold and dispose of land and other property of whatever kind.

(3) The Corporation may sue and be sued in their
corporate name and may for all purposes be described by
that name and service upon the Corporation of any
notice, order, or other document shall be executed by
delivering the same or by sending it by registered post
addressed to the Secretary of the Corporation at the office
of the Corporation.

(4) It is hereby declared for the avoidance of doubt
that the Corporation is not to be regarded as a servant or
agent of the Crown and no property of the Corporation
whether acquired by or under this Act or otherwise is to be
regarded as property of or held on behalf of the Crown.

Constitu- 5. (1) The Corporation shall consist of a chairman,
tion of
Corpora- deputy chairman and five other members.
tion.
(2) The members of the,Corporation shall be appointed
by the Minister, who shall also appoint the Chairman and
the deputy chairman from amongst the members.

Functions, 6. (1) The Corporation is authorised to establish,
powers and maintain and operate or arrange for the operation of
S shipping services for the transport of mails, passengers and
goods by sea-

(a) between ports in the Federation; and

(b) with the approval of the Minister-

(i) between ports in the Federation and
ports outside the Federation; and

(ii) between ports outside the Federation;
and it shall be the duty of the Corporation
to perform those functions so as to







The West Indies Shipping Corporation Bill 5

secure that the services provided are
developed to the best advantage and as
fully and adequately as may be necessary
to satisfy the need for such services.
(2) The Corporation shall have power, subject as
hereinafter provided, to do anything which is calculated to
facilitate the discharge of their functions conferred or
imposed by or under this Act, or is incidental or conducive
to the discharge of those functions.
(3) The Corporation shall have power for the purpose
of discharging their functions to appoint, with the approval
of the Minister, an operational agent to manage their
business on such terms and conditions as the Minister
may approve.
7. In the exercise of their powers and the discharge powers of
of their functions, the Corporation shall conform with any
general or special directions given to them by the Minister.
8. The Corporation may in respect of any shipping Corpora-
service provided by them demand such fares and charges as enam
the Minister may approve, fares, etc.
9. The Corporation shall submit for the approval of Schedule of
the Minister a schedule of the route and frequency of anyroutes and
frequencies
shipping service which the Corporation propose to provide to be
on a regular basis. Any revision of such a schedule shall be approved
subject to the approval of the Minister. Minister.
10. The Corporation shall appoint and employ aAppoint-
Secretary and may appoint and employ such other officers and ment of
Secretary,
servants as they deem necessary for the proper carrying out officers and
of the provisions of this Act. servants.

11. (1) The Corporation may with the approval of the Pensions.
Minister provide for the establishment and maintenance of
one or more pension schemes or provident fund schemes for
the purpose of providing pensions and other similar benefits
in respect of the service of employees of the Corporation
including, in particular, benefits in case of injury or death
of such employees.
(2) Any such scheme or schemes may for the purpose
of providing funds from which benefits are to be paid, provide







6 The West Indies Shipping Corporation Bill

for the payment of contributions by the Corporation or by
the employees, or both by the Corporation and the employees.
(3) Any such scheme or schemes may provide that
any other public service may be taken into consideration as
service with the Corporation for the purposes thereof.
Borrow- 12. (1) Subject to the provisions of this section, the
ingpowers. Corporation may borrow sums required by them for meeting
any of their obligations or discharging any of their functions.
(2) The power of the Corporation to borrow shall be
exercisable only with the approval of the Minister and the
Minister of Finance as to the amount, as to sources of the
loan and as to the terms on which the loan may be
effected. Any approval given for the purposes of this
section may be either general or limited to a particular loan
or otherwise, and may be either unconditional or subject to
conditions.
Guarantee 13. The House of Representatives may by resolution
of loans. authorise the Minister of Finance to guarantee in such
manner and on such conditions as may be specified in the
resolution the payment of the principal or interest on any
loan effected or to be effected by the Corporation under
section 12 of this Act.

Govern- 14. (1) Whenever the Minister of Finance considers it
ment loans, expedient in order to enable the Corporation to discharge
its functions under this Act he may, subject to such condi-
tions as he shall determine, make loans to the Corporation
of such amounts as are in his opinion required by the
Corporation.
(2) The unpaid balance of the principal or any loans
made to the Corporation under this section shall not at any
time exceed the sum of one hundred thousand dollars.

Monies 15. Any monies required by the Minister of Finance
r u-d for the purpose of fulfilling any guarantee given under section
poses of 13 of this Act or of making any loan under section 14 are
section 13
and 14 hereby charged on the Consolidated Fund and any monies
charged on received by way of repayment of any monies issued from the
daed und. said Fund for such purposes shall be paid into the Consoli-
dated Fund.







The West Indies Shipping Corporation Bill


16. (1) The Corporation shall at such time before the Gvrn-
beginning of each financial year as the Minister may direct, grants.
submit to the Minister-

(a) a programme of the shipping services which
the Corporation propose to provide during
that year and of the other activities in which
the Corporation propose to engage during
that year; and

(b) an estimate, for his approval, of the probable
revenue and expenditure of the Corporation
for that year.

(2) Every programme and estimate so submitted shall
be in such form and shall contain such particulars, and every
estimate so submitted shall be upon such basis, as the
Minister and the Minister of Finance may direct.

(3) Estimates when approved by the Minister shall
not be departed from without the consent of the Minister and
the Minister of Finance, and such consent may be given
generally or with respect to particular items.

(4) If the Minister and the Minister of Finance are
satisfied that the expenditure of the Corporation on revenue
account for the financial year to which that estimate relates
is likely to exceed the revenue of the Corporation for that
year, they may determine whether any grant should be made
by the Minister to the Corporation for that year and, if so,
the amount of that grant; and the Minister shall, out of monies
provided by the Federal legislature for the purpose, make
to the Corporation such grant, if any, as may be so deter-
mined.

(5) (a) For the purposes of this section, the period
beginning with the date on which this Act comes into opera-
tion and ending on the 31st day of December next following
is hereby deemed to be a financial year of the Corporation,
and the programme and estimate required to be submitted
to the Minister for such year shall be submitted as soon as
possible after the date on which this Act comes into opera-
tion,







8 The West Indies Shipping Corporation Bill

(b) The Minister may advance to the Corporation
such monies as he thinks fit on account of any grant which
he may subsequently become authorised to make to the
Corporation for such period, and such monies are hereby
charged on the Consolidated Fund.

(6) In this section-

"expenditure" in relation to any estimate includes
any sum thereby proposed to be set aside or
allocated for any purpose, other than a sum
which would fall to he charged to capital
account;

"revenue" does not include any grant which may
be made by the Minister under this section.
Capital 17. (1) The Minister of Finance may declare that the
Corporation shall have a capital stock, with or without
shares, to such amount as he may from time to time deter-
'mine; and all such stock shall be vested in the Minister of
Finance on behalf of the Crown.

(2) The Corporation shall, if the Minister and the
Minister of Finance so direct, pay dividends on such stock at
such rates as the said Ministers shall from time to time
determine.
Invest- 18. (1) Monies standing to the credit of the Corporation
may from time to time be invested in securities approved
either generally or specifically by the Minister of Finance,
and the Corporation may with the like approval sell and deal
with any or all of such securities.

(2) Monies held by the Corporation which are unin-
vested may be lodged either in an account at call or on fixed
deposit or partly on call or on fixed deposit with such bank
or banks as the Minister of Finance may approve.
Reserves. 19. (1) The Corporation may set aside out of their revenue
such sums as they think proper as reserves for depreciation
of assets, insurance or other purposes;







The West Indies Shipping Corporation Bill 9

Provided that the power of the Minister to give
directions to the Corporation shall extend to the giving to
them, after consultation with the Minister of Finance, of
directions as to any matter relating to the establishment
or management of such reserves, the carrying of sums to
the credit thereof or the application thereof.

(2) Nothing in this section shall authorise the Cor-
poration without the approval of the Minister of Finance
to make charges against revenue both for redemption of
capital and for depreciation or renewal of capital assets
which have been acquired directly or indirectly from funds
derived from the issue of such capital.

20. (1) Any excess of the revenues of the Corporation forApplica-
any financial year over the total sums properly chargeable ton of
by the Corporation to revenue account for that year, including
in such sums any sums credited as reserves, shall be applied
in such manner as the Minister and the Minister of Finance
may direct.

(2) In this section the expression "revenue" includes
any grants made by the Minister under section 16.

21. (1) The Minister may by instrument under his handTransferof
transfer to the Corporatoin any ships belonging to the Crown. shipWs

(2) Notwithstanding anything to the contrary in any
law in force in the Federation, an instrument executed under
this section shall be valid and effectual to vest the ships in
the Corporation according to the tenor of the instrument.

22. (1) The Corporation shall keep, and shall require theAccounts
operating agent appointed under section 6 of this Act to"andaudit.
keep, proper accounts and records of the Corporation's tran-
sactions, and the system of accounting in so far as it
relates to-

(a) the determination of the rates of depreciation,
and

(b) the establishment of procedures regulating
reserves deficit or accumulated surpluses and







10 The West Indies Shipping Corporation Bill

the disposal of balances on net revenue
account,
shall be subject to the approval of the Minister and the
Minister of Finance.

(2) The accounts shall be audited annually by an
auditor appointed by the Corporation and approved by the
Minister.

(3) (a) The members, officers and servants of the
Corporation shall grant to the auditor appointed under this
section access to all books, documents, cash and securities of
the Corporation and shall give to him on request all such
information as may be within their knowledge in relation
to the operations of the Corporation.

(b) Any operating agent appointed by the
Corporation under section 6 of this Act, and the officers and
servants of such agent, shall grant to the auditor appointed
under this section access to all books, documents, cash and
securities of the agent insofar as they relate to the business
of the Corporation, and shall give to the auditor all such
information as may be within their knowledge in relation
to the operation of the Corporation.

(4) As soon as the accounts have been finally audited
the Secretary of the Corporation shall send a copy thereof
to the Minister together with any report thereon by the
auditor.

Annual 23. (1) The Corporation shall, as soon as possible after
report. the end of each financial year and in any event not later than
six months thereafter, submit to the Minister a report
containing-

(a) an account of their operations during that
year; and

(b) a balance sheet and a statement of the
accounts of the Corporation prepared in
respect of such year and audited in accordance
with section 22 of this Act.







The West Indies Shipping Corporation Bill 11

(2) The Minister shall cause a copy of the report
together with a copy of the auditor's report to be laid before
each chamber of the Federal Legislature.

24. (1) The income of the Corporation shall be exemptExemption
from income tax under any law for the time being in forceincometax.
in any Territory.

(2) For the purposes of this section income tax
includes surtax or any other tax however described, which
is imposed, charged or levied upon income.

25. The supplementary provisions contained in the supple-
Schedule to this Act shall have effect in relation to the metns.
Corporation.










12 The West Indies Shipping Corporation Bill


SCHEDULE

SUPPLEMENTARY PROVISIONS

Members 1. (1) Not more than four of the members of the Corporation may
of the be public officers of the Federation and any member who is not a public
Corpora-
tion. officer shall be appointed from among persons who in the opinion of the
Minister have experience in trade, industry, finance or business adminis-
tration.
(2) A member of the Federal Legislature or of the Legislature
of a Territory shall not be appointed a member of the Corporation.

Tenure of 2. (1) A member of the Corporation shall, subject to the provisions
office of of this Schedule, hold office for a period not exceeding three years but
members shall be eligible for reappointment.

(2) A member of the Corporation, other than a member who is
a public officer may resign his office by instrument in writing addressed
to the Minister.

Tenure of 3. (1) The chairman and deputy chairman of the Corporation shall,
office of subject to the provisions of this Schedule, hold office as such in accord-
chaprman ance with the instruments respectively appointing them.
chairman. (2) The chairman or deputy chairman if he is not a public officer
may at any time resign his office as such by instrument in writing
addressed to the Minister.
(3) If the chairman or deputy chairman ceases to be a member
of the Corporation, he shall cease to be chairman or deputy chairman,
as the case may be.

Deputy 4. In the case of the absence or inability to act of the chairman,
chairman to the deputy chairman shall exercise the functions of the chairman.
exercise
functions of
chairman.

Temporary 5. The Minister may appoint any person qualified to be appointed
appoint- as a member to act temporarily in the place of any member of the Cor-
ments. portion in the case of the absence or inability to act of such member.

Revocation 6. The Minister may, if he thinks it expedient so to do, at any
of appoint-
ments. time revoke the appointment of any member.
Publication 7. The names of all members of the Corporation as first consti-
member- tuted and every change in the membership thereof shall be published
in the Gazette.

Protection 8. No personal liability shall attach to any member of the Cor-
of mem- portion in respect of anything done or suffered in good faith in the
hers.
course of the operations of the Corporation, and any sums of money,
damages or costs which may be recovered against any such member in









The West Indies Shipping Corporation Bill 13


respect of any act or thing done bona fide for the purpose of carrying
this Act into effect shall be paid out of the revenues of the Corporation.

9. The Corporation shall pay to each member thereof, in respect
of his office as such, such remuneration, if any, as may be determined Remunera-
by the Minister, and shall pay to the chairman and deputy chairmantion of
thereof in respect of his office as such, such remuneration, if any, (inmembers.
addition to any remuneration to which he may be entitled in respect of
his office as a member) as may be so determined.

10. A member of the Corporation who is in any way, whether
directly or indirectly, interested in a contract made or proposed to be Disclosure
made by the Corporation shall disclose his interest at the first meeting ofof interest.
the Corporation at which it is practicable for him to do so, and shall not
take part in any deliberation or decision of the Corporation with respect
to that contract.

11. (1) The Corporation shall meet at such times as in the opinion
of the chairman or at least three other members are necessary for the Procedure
efficient conduct of their affairs. and meeting

(2) The chairman, or in the case of the absence or inability to
act of the chairman, the deputy chairman shall preside at all meetings
of the Corporation, and when so presiding shall have an original as well
as a casting vote.

(3) At any meeting of the Corporation, the chairman or deputy
chairman and three other members shall form a quorum.

(4) Subject to the provisions of this paragraph the Corporation
shall regulate their own procedure.

(5) The validity of any proceeding of the Corporation shall not be
affected by any vacancy amongst the members thereof or by any defect
in the appointment of a member thereof.

12. (1) The seal of the Corporation shall be authenticated by the
chairman or deputy chairman and the Secretary of the Corporation, and Authentica-
such seal shall be officially and judically noticed. tion of seal
and instru-
ments.
(2) Any contract or instrument which if entered into or executed
by a person not being a body corporate would not be required to be under
seal, may be entered into or executed by or on behalf of the Corporation
by any person generally or specifically authorised by them for the pupose.


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




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