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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00243
 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 30, 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: VID00243
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
        Main 1
        Main 2
    Legal Supplement
        A-83
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 7 of 1960): The Federal Supreme Court (Virgin Islands Appeals) (Amendment) Act, 1960
        A-84
        A-85
        A-86
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 8 of 1960): The Geneva Conventions (Supplementary Provisions) Act, 1960
        A-87
        A-88
        A-89
        A-90
        A-91
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 9 of 1960): The Federal Supreme Court Regulations (Amendment) Act, 1960
        A-92
        A-93
        A-94
        A-95
        A-96
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 10 of 1960): The Federal Supreme Court (Salaries and Pensions) Act, 1960
        A-97
        A-98
        A-99
        A-100
        A-101
        A-102
        A-103
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 11 of 1960): The Widows' and Children's Pensions Act, 1960
        A-104
        A-105
        A-106
        A-107
        A-108
        A-109
        A-110
        A-111
        A-112
        A-113
        A-114
        A-115
        A-116
        A-117
        A-118
        A-119
        A-120
        A-121
        A-122
        A-123
        A-124
        A-125
        A-126
        A-127
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 12 of 1960): The Supplementary Appropriation (1959 No. 3) Act, 1960
        A-128
        A-129
        A-130
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 13 of 1960): The Supplementary Appropriation (No. 2) Act, 1960
        A-131
        A-132
        A-133
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 14 of 1960): The Appropriation (1961) Act, 1960
        A-134
        A-135
        A-136
        A-137
    Legal Supplement: pt.1 Acts of the Federal Legislature (No. 15 of 1960): The Pensions (Amendment) Act, 1960
        A-138
        A-139
        A-140
        A-141
        A-142
Full Text
Publication Not Available

West Indies Gazette
Volume 3, Issue 52
December 30, 1960


























THE WEST INDIES GAZETTE


Vol. 3 FRIDAY 30th DECEMBER, 1960 No. 52


LEGAL SUPPLEMENT


PART I-ACTS OF THE FEDERAL LEGISLATURE


TABLE OF CONTENTS

No.
7 of 1960 The Federal Su
(Amendment)
8 of 1960 The Geneva Coi
Act, 1960
9 of 1960 The Federal Su
(Amendment)
10 of 1960 The Federal Sui
Act, 1960
11 of 1960 The Widows' ai
12 of 1960 The Supplemenl
Act, 1960
13 of 1960 The Supplement
14 of 1960 The Appropriat
X 15 of 1960 The Pensions (i
7 P 7 '7
. 3s a-


I
preme Court (Virgin Islands Appeals)
Act, 1960
iventions (Supplementary Provisions)

preme Court Regulations
Act, 1960
)reme Court (Salaries and Pensions)

id Children's Pension Act, 1960
tary Appropriation (1959 No. 3)

:ary Appropriation (No. 2) Act, 1960
ion (1961) Act, 1960
Amendment) Act, 1960


'age

84

87

92

97
104

128
131
134
138








'The Federal Supreme Court (Virgin Islands Appeals)
84 (Amendment) Act, 1960.


THE WEST INDIES

ACT No. 7 of 1960.

THE FEDERAL SUPREME COURT (VIRGIN
ISLANDS APPEALS) (AMENDMENT) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Amendment of section 2 of principal Act.








The Federal Supreme Court (Virgin Islands Appeals)
(Amendment) Act, 1960. 85


I ASSENT

HAILES
GOVERNOR-GENERAL


[L..S.]


29th December, 1960.








AN ACT to amend the Federal Supreme Court (Virgin
Islands Appeals) Act, 1958.

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. This Act may be cited as the Federal Supreme Short title.
Court (Virgin Islands Appeals) (Amendment) Act, 1960, and
shall be read as one with the Federal Supreme Court (Virgin
Islands Appeals) Act, 1958, hereinafter referred to as thecap. 5.
principal Act.

2. Subsection (3) of section 2 of the principal Act is Amendment
hereby amended- of Spricinpa
Act.
(a) by deleting paragraph (a) thereof; and

(b) by relettering paragraphs (b) and (c) thereof
as paragraphs (a) and (b) respectively.









The Federal Supreme Court (Virgin Islands Appeals)
86 (Amendment) Act, 1960.


Passed by
day of November,


the House of Representatives this 15th
1960.


D. F. MAYERS,
Acting Clerk of the House of Representatives.


E. R. L. WARD,
Speaker.


Passed by the Senate this 5th day of December, 1960.



J. B. McDOWELL,
Acting Clerk of the Senate.







The Geneva Conventions (Supplementary Provisions) Act, 1960. 87


THE WEST INDIES

ACT No. 8 of 1960.

THE GENEVA CONVENTIONS (SUPPLEMENTARY
PROVISIONS) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Application.
3. Interpretation.
4. Appeals by protected persons to the Supreme Court.
5. Appeals by protected persons to superior courts of Territories.







88 The Geneva Conventions (Supplementary Provisions) Act, 1960.


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.







An Act to supplement the Geneva Conventions Act,
1957, of the United Kingdom as extended to The West Indies
and the British Virgin Islands by the Geneva Conventions
Act (Colonial Territories) Order in Council, 1959, so as to
enable full effect to be given in relation to The West Indies
and the British Virgin Islands to certain international con-
ventions done at Geneva on the twelfth day of August,
nineteen hundred and forty-nine.

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 Geneva Conventions
(Supplementary Provisions) Act, 1960.
^pica-. 2. This Act shall apply to the Cayman Islands and
the Turks and Caicos Islands.

Interpreta- 3. In this Act-
tion.
the expressions "protected internee", "protected
prisoner of war" and "the protecting power" have
the meanings respectively assigned to them in








The Geneva Conventions (Supplementary Provisions) Act, 1960.


section 7 of the Geneva Conventions Act, 1957, of5 &6Eliz 2
Sc.52 (Imp.)
the United Kingdom as extended to The West' (
Indies and the British Virgin Islands by the
Geneva Conventions Act (Colonial Territories) s.I.
Order in Council, 1959; 1 No.
1301 (Imp.)
"the Regulations" means the Federal Supreme cap. 1
Court Regulations, 1958;

"superior court", in relation to a Territory, has
the meaning assigned to it in paragraph (1) of
regulation 2 of the Regulations, and, in relation to
the British Virgin Islands has the meaning
assigned to it in subsection (2) of section 2 of the
Federal Supreme Court (Virgin Islands Appeals) cap. 5
Act, 1958.

4. Where a protected prisoner of war or a protected Appeals by
protected
internee has been convicted in a superior court of a Territory persons
or of the British Virgin Islands and has on such conviction to the
Supreme
been sentenced to death or to imprisonment for a term of Court.
two years or more or where after an appeal to a superior
court of a Territory or of the British Virgin Islands the
sentence on a protected prisoner of war or a protected
internee remains or has become a sentence of imprisonment
for a term of two years or more, the time within which he
must give notice of appeal or notice of his application for
leave to appeal to the Federal Supreme Court shall, notwith-
standing anything in any enactment relating to such appeals,
be the period from the date of his conviction, or, in the case
of an appeal against sentence, of his sentence, or, in the case
of an appeal from an order, of the making of the order to the
expiration of fourteen days after the date on which he
receives a notice given-

(a) in the case of a protected prisoner of war, by
an officer of Her Majesty's forces;
(b) in the case of a protected internee, by or on
behalf of the officer in charge of the prison in
which he is confined,

that the protecting power has been notified of his conviction
and sentence, or of the making of the order, as the case may







90 The Geneva Conventions (Supplementary Provisions) Act, 1960.

be; and in a case to which any of the foregoing provisions
applies a reference to the period aforesaid shall be substituted
for-

(i) any reference to the period of fourteen days
after the date of conviction in paragraph (1)
of regulation 24 of the Regulations, (which
relates to the revesting and restitution of
property on conviction); or, as the case may
be,

(ii) any reference to the period of fourteen days
from the determination by the superior court
in paragraph (3) of regulation 35 of the
Regulations, as modified by sub-paragraph
(iii) of paragraph (c) of regulation 41 thereof
(which relates to the custody of any docu-
ments, exhibits or other things connected with
proceedings at the trial before the court of
summary jurisdiction).

Appeals by 5. Where a protected prisoner of war or a protected
protected internee has been convicted in a court of summary jurisdic-
persons to
superior tion in a Territory and has on such conviction been
courts of sentenced to imprisonment for a term of two years or more,
Territories. in reckoning the time within which he must give notice of
appeal or deliver the grounds of appeal or do any other act
for perfecting his appeal to a superior court no account shall
be taken of the period between the date of his conviction, or
in the case of an appeal against sentence, of his sentence and
the date on which he receives a notice given-

(a) in the case of a protected prisoner of war, by
an officer of Her Majesty's forces;

(b) in the case of a protected internee, by or on
behalf of the officer in charge of the prison in
which he is confined;
IO '10 "IO )99['9J,-.
fo 1io [d qqtm,__to
ani a case to wi' the t oregoing provisions apply-

S. (it). ay r revision in any enactment suspending
r 9 e ? a t o di' e'f 'e 2he-restitution
'' 'n i I~pl~per~yMf&kIyIj*6h) ijaV1bn a







The Geneva Conventions (Supplementary Provisions) Act, 1960. 91

conviction by a court of summary jurisdic-
tion or the operation, in the case of any such
conviction, of the provisions of any enact-
ment as to re-vesting of the property in
stolen goods on conviction, shall have effect as
if in reckoning the time during which the
operation of such order is, or of such provi-
sions are, suspended no account were required
to be taken of the aforesaid period; and

(ii) any provision in any enactment providing for
the continued custody of any documents,
exhibits or other things connected with pro-
ceedings at the trial before the court of
summary jurisdiction, after the termination
of such proceedings, shall have effect as if it
provided for the continued custody of such
documents, exhibits or other things until the
expiry of such time after the aforesaid
period as is allowed for an appeal to be made
to the superior court.


Passed by the House of Representatives this 15th
day of November, 1960.
D. F. MAYERS,
Acting Clerk of the House of Representatives.

E. R. L. WARD,
Speaker.

Passed by the Senate this 5th day of December, 1960.

J. B. McDOWELL,
Acting Clerk of the Senate.








92 The Federal Supreme Court Regulations (Amendment) Act, 1960.


THE WEST INDIES


ACT No. 9 of 1960.

THE FEDERAL SUPREME COURT REGULATIONS
(AMENDMENT) ACT, 1960


ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Amendment of regulation 4 of principal Regulations.
3. Insertion of new regulations 4A and 4B in principal Regulations.
4. Amendment of regulation 10 of principal Regulations.
5. Amendment of regulation 15 of principal Regulations.
6. Amendment of regulation 20 of principal Regulations.








The Federal Supreme Court Regulations (Amendment) Act, 1960. 9:


I ASSENT

HAILES
GOVERNOR-GENERAL

29th December, 1960.


AN ACT to amend the Federal Supreme
Regulations, 1958.


Court


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. This Act may be cited as the Federal Supremeshort title.
Court Regulations (Amendment) Act, 1960, and shall be read
as one with the Federal Sup'reme Court Regulations, 1958, cap. .
hereinafter referred to as the principal Regulations.

2. Regulation 4 of the principal Regulations is herebyAmendment
amended- of regula-
tion 4 of
principal
(a) in paragraph (1), by the substitution of a Regula-
semicolon for the words ", and" appearing atti0ns"
the end of subparagraph (a) thereof;


(b) by the relettering of subparagraph
thereof as subparagraph (c); and


[L.S.]








94 The Federal Supreme Court Regulations (Amendment) Act, 1960.

(c) by the insertion immediately after sub-
paragraph (a) thereof of the following new
paragraph as subparagraph (b):-
"(b) an Assistant Registrar of the Federal
Supreme Court who shall have all the
powers and may perform all the duties
of the Registrar except where otherwise
provided by Rules of Court; and".

Insertion of 3. The principal Regulations are hereby amended by
new Regu-
lations 4A the insertion immediately after regulation 4 thereof of the
and 4B in following as regulations 4A and 4B:-
principal
Regula-
tions.
"Qualifica- 4A. A person shall not be qualified to be
tions of
Registrar appointed as Registrar or Assistant Registrar unless
and Assis- he has been in practice as a solicitor for a period of,
tanRega-. or periods amounting in the aggregate to, not less
than five years of any court having unlimited
jurisdiction in civil and criminal matters in some
part of Her Majesty's dominions.

Registrar to 4B. The Registrar shall be the chief executive
be chief
executive officer of the Federal Supreme Court and shall have
officer, the custody of the seal of the Court and all records,
documents and papers thereof."

Amendment 4. Regulation 10 of the principal Regulations is
of regulations, ^
10 of rin- tiohereby amended-
cipal Regu-
lations. (a) in subparagraph (a) of paragraph (2) thereof,
by the deletion of the words "the Registrar
or" appearing therein;
(b) by the renumbering of paragraphs (2), (3)
and (4) thereof as paragraphs (3), (4) and
(5) respectively; and
(c) by the insertion immediately after paragraph
(1) thereof of the following new paragraph
as paragraph (2):-

"(2) The Registrar shall have power to
administer oaths and take affidavits and







The Federal Supreme Court Regulations (Amendmnent) Act, 1960. 95

declarations in all proceedings in the
Federal Supreme Court."

5. Paragraph (4) of regulation 15 of the principalAmendment
f regulation
Regulations is hereby amended by the substitution of the s o prin-
following subparagraphs for subparagraphs (b) and () ipal Regu-
thereof:- latons.
"(b) No appeal shall lie under this regulation
from a decision of the Full Court of a
Territory upon appeal from any order such as
is referred to in subparagraph (g) of para-
graph (2) of this regulation, made by a judge
of a superior court of that Territory, except
with the leave of the Full Court of the Federal
Supreme Court.
(c) No appeal shall in any case, other than that
referred to in subparagraph (b) of this para-
graph, lie under this regulation from any
order such as is referred to in subparagraph
(g) of paragraph (2) of this regulation made
by a Full Court or a judge of a superior court
of a Territory except with the leave of the
Full Court or judge making the order or the
Federal Supreme Court.

(d) In this paragraph, the expression "law" means
any order of Her Majesty in Council or an
order made thereunder or any law of the
Federal Legislature or of the Legislature of
a Territory."

6. Regulation 20 of the principal Regulations isAmendment
hereby amended by the substitution of the following definition reulation
20 of prin-
for that of "Attorney General" appearing therein:- cipal Regu-
lations.
"Attorney General" means the principal law
officer of the Crown, by whatever name called,
for the Territory from the superior court of which
an appeal is brought."







96 The Federal Suprenme Court Regulations (Amendment) Act, 1960



Passed by the House of Representatives this 15th
day of November, 1960.


D. F. MAYERS,
Acting Clerk of the House of Representatives.


E. R. L. WARD,
Speaker.



Passed by the Senate this 5th day of December, 1960.




J. B. McDOWELL,
Acting Clerk of the Senate.









The Federal Supreme Court (Salaries and Pensions) Act, 1960. 97


THE WEST INDIES

ACT No. 10 of 1960.

THE FEDERAL SUPREME COURT (SALARIES AND
PENSIONS) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Application.
3. Commencement.
4. Interpretation.
5. Salaries of judges of the Federal Supreme Court.
6. Pension or gratuity may be granted in respect of service as a judge
of the Federal Supreme Court.
7. Pensions, etc. to be appropriated out of the public funds of the
Federation.
8. Maximum pensions.
9. Service as a judge designate before 3rd January, 1958.
10. Provisions in respect of judges without pensionable service other
than service as a judge of the Federal Supreme Court.
11. Pension where service as such a judge is five years or longer and
pension where such service is less than five years.
12. Provisions in respect of judges with pensionable service other than
service as a judge of the Federal Supreme Court.
13. Pension where pensionable service is ten years or longer and pension
where such service is less than 10 years.
14. Qualifying service.
15. Repeal.







98 The Federal Supreme Court (Salaries and Pensions) Act, 1960.


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.






AN ACT to repeal and replace the Federal Supreme
Court (Salaries and Pensions) Act, 1958, which provides for
the payment of salaries and pensions to the judges of the
Federal Supreme Court.

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 Federal Supreme
Court (Salaries and Pensions) Act, 1960.

Application. 2. This Act shall apply to the Turks and Caicos
Islands and to the Cayman Islands.

commence- 3. (1) Subject to the provisions of subsection (2) of
ment. this section, this Act shall be deemed to have come into
operation on the 3rd day of January, 1958, immediately after
the coming into operation of the Federal Supreme Court
ap. 3. (Salaries and Pensions) Act, 1958.
(2) This Act shall, insofar as it relates to the Turks
and Caicos Islands and to the Cayman Islands, come into
operation on such day as the Governor-General may appoint
by proclamation in the Gazette.







The Federal Supreme Court (Salaries and Pensions) Act, 1960. 99


4. (1) In this Act "the Pensions Act" means thenterpreta-
Pensions Act, 1958. Cap. 512

(2) Other expressions used in this Act have, unless
the context otherwise requires, the same meanings as are
respectively assigned to them in the Pensions Act.

5. There shall be paid to the Chief Justice of The salaries of
West Indies a -salary of nineteen thousand two hundred jdges of
the Federal
dollars a year and to every other judge of the Federal supreme
Supreme Court a salary of sixteen thousand eight hundred ourt.
dollars a year.
6. For the purposes of the Pensions Act, service asPension or
a judge of the Federal Supreme Court shall be deemed to be gratuity
ay be
service in a pensionable office, and a pension or gratuity granted in
may be granted under that Act to or in respect of anyrespect of
vice as a
person who has had a period of such service as if he had judgeof
been confirmed in a pensionable office in the public service the Federal
of the Federation and, subject to the provisions of the eourt
Constitution and of this Act, the provisions of the Pensions
Act shall apply in relation to any such pension or gratuity
and to the grant, computation and payment thereof and
shall be construed with such modifications as may be
necessary for the purposes of this Act.

7. All such sums of money as may from time to Pensions,
time be granted by way of pension, gratuity or other allow-ete. to be
appro-
ance in pursuance of this Act, are hereby appropriated outpriated out
of ,the public funds of the Federation and shall be paid of the
public funds
therefrom on the warrant of the Governor-General. of the
Federation.
8. (1) A person shall not at any time draw from the Maximum
public funds of the Federation an amount of pension by Pensions.
virtue of the provisions of this Act which, by itself or when
added to the amount of any pension or pensions drawn in
respect of public service in any other office, exceeds two-
thirds of the highest pensionable emoluments drawn by him
at any time in the course of his public service:

Provided that where an officer receives in respect of
some period of public service both a gratuity and a pension,
the amount of such pension shall be deemed for the purpose
of this subsection to be what it would have been if part of it
had not been commuted or, in the case of a pension granted








100 The Federal Supreme Court (Salaries and Pensions) Act, 1960.

under the Superannuation Acts of the United Kingdom or
under the Overseas Superannuation Scheme, to be four-thirds
of its actual amount.
(2) For the purposes of this section an additional
pension granted in respect of injury shall not be taken into
account; but where a person is granted such an additional
pension by virtue of this Act, the amount thereof together
with the remainder of his pension or pensions shall not
exceed five-sixths of his highest pensionable emoluments
at any time in the course of his public service.
Service as 9. Where a person has had a period of service
a judge before the 3rd day of January, 1958, as a judge designate
designate
before 3rd of the Federal Supreme Court that period shall, if the
January, Governor-General so directs, be taken into account in
computing under this Act or the Pensions Act any pension
or gratuity granted to or in respect of him as if it were service
in the substantive office of a judge of that Court.
Provisions 10. (1) The provisions of this section and of section 11
in respect of
judges of this Act shall apply to persons who on the date of their
without retirement from the public service have no pensionable
enservicbe service other than service as a judge of the Federal Supreme
other than Court.
service as a
judge of the (2) No pension or gratuity shall be granted to any
Sedreme such person except on his retirement from the public service
Court. in one of the following cases-
(a) If he retires after he attains the age of sixty
years; or
(b) on medical evidence to the satisfaction of the
Governor-General that he is incapable by
reason of any infirmity of mind or body of
discharging the duties of his office, and that
such infirmity is likely to be permanent; or
(c) on the abolition of his office.
Pension 11. (1) The pension that may be granted on retirement
serve as to a person to whom this section applies who retires after
such a a period of not less than five years service as a judge of the
judge is rve Federal Supreme Court shall be computed in accordance with
years or
longer and the provisions of the Pensions Act save that-
pension
where such (a) in respect of the first ten years of his period
less than of service the pension shall be computed at
five years. the annual rate of one two hundred and







The Federal Supreme Court (Salaries and Pensions) Act, 1960. 101


fortieth of his pensionable emoluments for
each complete month of that period of service;
and
(b) thereafter the pension shall be computed at
the annual rate of one four hundred and
eightieth of his pensionable emoluments for
each complete month of that period of service.
(2) The pension that may be granted on retirement
to any such person who retires after a period of less than
five years service as a judge of the Federal Supreme Court
shall be of an amount not exceeding one quarter of his annual
pensionable emoluments:
Provided that no such pension shall be granted to a
person who retires otherwise than in either of the
circumstances set out in paragraph (b) or (c) of subsection
(2) of section 10 of this Act.
12. (1) The provisions of this section and of sections 13prvsons
and 14 of this Act shall apply to persons who on the date judges
of their retirement from the public service have pensionable with
pensionable
service other than service as a judge of the Federal Supreme service
Court. other than
service as a
judge of tihe
(2) Section 6 of the Pensions Act shall apply for the Federal
purpose of determining the circumstances in which a pension Supreme
or gratuity may be granted to such a person in respect of hisour
period of service as a judge of the Federal Supreme Court
save that-
(a) in respect of a person who retires from the
office of judge of the Federal Supreme Court
the said section 6 shall have effect as if the
following paragraph were substituted for
paragraph (a) thereof-
"(a) if he retires from the public service of
the Federation after he attains the age of
sixty years;" and
(b) in respect of a person who retires from other
public service, sub-paragraph (i) of paragraph
(b) thereof shall be construed as if the word
"fifty" therein were "sixty".







102 The Federal Supreme Court (Salaries and Pensions) Act, 1960.

Pensions 13. (1) The pension that may be granted on retirement
where
pensionable to a person to whom this section applies who retires after
service is a period of not less than ten years pensionable service
ten years
or longer (calculated as regards his period of service as a judge of the
and pension Federal Supreme Court in accordance with the provisions of
where such
service is section 14 of this Act) shall be computed in accordance with
less than the provisions of the Pensions Act save that-
ten years.
(a) in respect of the first ten years of his period
of service as a judge of the Federal Supreme
Court the pension shall be computed at the
annual rate of one two hundred and fortieth
of his pensionable emoluments for each
complete month of that period of service;
(b) thereafter the pension shall be computed at
the annual rate of one four hundred and
eightieth of his pensionable emoluments for
each complete month of that period of service;
and

(c) any residual period shorter than a complete
month of that period of service may, in order
to avoid the loss of one month's pensionable
service, be added to any period of his
pensionable service otherwise than as a judge
of the Federal Supreme Court in respect of
which his pension is computed at the annual
rate of one six hundreth of his pensionable
emoluments for each complete month of his
pensionable service.
(2) The pension that may be granted on retirement to
any such person who retires after a period of less than ten
years pensionable service (calculated as regards his period of
service as a judge of the Federal Supreme Court in accordance
with the provisions of section 14 of this Act) shall be of an
amount not exceeding one quarter of his annual pensionable
emoluments:
Provided that such pension shall be reduced by the
amount of any other pension he may have been granted in
respect of a period of public service, and for the purpose of
this section the amount of the latter pension shall be deemed
to be what it would have been if part of it had not been
commuted or, in the case of a pension granted under the







The Federal Supreme Court (Salaries and Pensions) Act, 1960. 103

Superannuation Acts of the United Kingdom or under the
Overseas Superannuation Scheme, to be four-thirds of its
actual amount:
Provided further that no such pension shall be granted
to a person who retires otherwise than in any of the
following circumstances, that is to say,
(a) where he retires from the public service of the
Federation, in either of the circumstances set
out in paragraph (e) or (e) of section 6 of the
Pensions Act;
(b) where he retires from other public service, in
either of the circumstances corresponding
thereto in which he is permitted by the law or
regulations of that public service to retire on
pension or gratuity.
14. For the purpose of computing the qualifying Qualifying
service for pension of any person to whom this section applies serve.
the period of service as a judge of the Federal Supreme Court
shall be counted twice.
15. The Federal Supreme Court (Salaries and Repeal.
Pensions) Act, 1958, is hereby repealed.


Passed by the House of Representatives this 15th
day of November, 1960.
D. F. MAYERS,
Acting Clerk of the House of Representatives.
E. R. L. WARD,
Speaker.

Passed by the Senate this 5th day of December, 1960.
J. B. McDOWELL,
Acting Clerk of the Senate.








104 The Widows' and Children's Pension Act, 1960.


THE WEST INDIES

ACT No. 11 of 1960.

THE WIDOWS' AND CHILDREN'S PENSION
ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title, commencement and application.
2. Interpretation.
3. Application of Act to serving officers and those appointed in the
future.
4. Application of Act to judges of Federal Supreme Court.
5. Power to grant widows' and children's pensions.
6. Pensions under this Act to depend on deceased's eligibility for
pension.
7. Minimum benefit.
8. Widow's pensions.
9. Bankruptcy of a widow.
10. Payment of pension in cases of desertion.
11. Children's pensions-beneficiaries.
12. Children's pensions: rate and mode of payment.
13. Periodical contributions.
14. Return of periodical contributions.
15. Contribution by reduction in pension or gratuity.
16. Lump sum contribution by existing officers.
17. Contribution by reduction in pension or gratuity in respect of a
transferred officer.
18. Contributions payable in respect of re-employed pensioner.
19. Information to be furnished.
20. Penalty for non-compliance.
21. Marriages of public officers whose early death is to be foreseen.
22. Pension not to be assigned.
23. Mode of making elections.
24. Proof of claims to pensions.
25. Exercise of Governor-General's functions.
26. Financial provisions.







The Widows' and Children's Pension Act, 1960.


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.





AN ACT to make provision for granting pensions to
widows and children of deceased public officers, and for
purposes connected therewith.

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 Widows' and short title,
Children's Pension Act, 1960, and, subject to the provisions mement
of subsection (2) of this section, shall come into operationapplica-
on the first day of January, 1961, hereinafter referred to astion.
the date of commencement of this Act.
(2) (a) This Act shall apply to the Cayman Islands
and the Turks and Caicos Islands.
(b) This Act shall, in relation to the Cayman
Islands and the Turks and Caicos Islands,
come into operation on such day as the
Governor-General may appoint by procla-
mation in the Gazette.

2. (1) In this Act unless the context otherwise requires Interpre-
tation.
"child", in relation to a person includes an illegiti-
mate child, a step-child and an adopted child;







106 The Widows' and Children's Pension Act, 1960.

"this Government" means the Government of The
West Indies;
"pensionable emoluments" has the same meaning as
in section 2 of the Pensions Act;
"pensionable office" has the same meaning as in
section 2 of the Pensions Act;
"pensionable service" has the same meaning as in
regulation 2 of the Pensions Regulations;
"public officer" means a male person serving in
the public service in a pensionable office, whether
on probation or not;
"retirement on medical grounds" in relation to a
public officer, means-
(a) in the case of retirement from the public
service of this Government, retirement in
circumstances in which paragraph (e) of
section 6 of the Pensions Act would apply; or
(b) in the case of retirement from other public
service, retirement in circumstances in which
the corresponding provision of the law of
the public service in which he is last employed
would apply;
"public service" has the same meaning as in
section 2 of the Pensions Act;
"other public service" has the same meaning as in
section 2 of the Pensions Act;

Cap. 512 "Pensions Act" means the Pensions Act, 1958;
Cap. 512 "Pensions Regulations" means the Pensions Regu-
(Sch.) lations, 1958;
"qualifying service" has the same meaning as in
regulation 2 of the Pensions Regulations;
"service in the Group" has the same meaning as in
regulation 8 of the Pensions Regulations;
"widow", in relation to any contributor, means the
person who was immediately prior to his decease
his wife.








The Widows' and Children's Pension Act, 1960. 107

(2) When the marriage of any contributor has been
annulled or dissolved by the decree of any competent Court,
the provisions of this Act shall, in relation to the contributor,
have effect as if the wife had died and the contributor shall
be deemed to have become a widower at the date of such
decree of anullment or dissolution.

(3) (a) A person shall be deemed for the purposes
of this Act to be in his period of childhood
and full-time education while either-
(i) he is under the age of twenty-one
years; or
(ii) he is receiving full-time instruction at
any university, college, school or other
educational establishment; or
(iii) he is undergoing training by any person
(hereinafter referred to as "the em-
ployer") for any trade, profession or
vocation in such circumstances that-
(aa) he is required to devote the whole of his time
to the training for a period of not less than
two years; and
(bb) while he is undergoing the training, the
emoluments receivable by him, or payable
by the employer in respect of him, do not
exceed two hundred and forty dollars a year,
exclusive of any emoluments receivable or
payable by way of return of any premium
paid in respect of the training:
Provided that a person shall not be deemed for
the purposes of this section to satisfy the condition specified
in sub-paragraph (ii) or the condition specified in sub-
paragraph (iii) of this paragraph unless there has up to
then been no time since he attained the age of twenty-one
when he did not satisfy one or other of those conditions.
(b) As respects any period during which neither
of the conditions specified in sub-paragraphs
(ii) and (iii) of paragraph (a) of this sub-
section is satisfied in relation to a person, the








108 The Widows' and Children's Pension Act, 1960.


Governor-General may, if he thinks fit and is
satisfied that that person's full time education
ought not to be regarded as completed, direct
either-
(i) that that period shall be ignored for the
purposes of the proviso to paragraph (a)
of this subsection; or
(ii) that that period shall be ignored and shall
also be treated as part of his period of
childhood and full-time education for all
the other purposes of this Act, except
such purposes, if any, as may be specified
in the direction.
(4) Any reference in this Act to an adopted child of
a person shall be construed as a reference to a child adopted
by him (whether alone or jointly with any other person) in
accordance with the law of the place where he was resident
at the time of the adoption and reference to a person by whom
another person has been adopted shall be construed
accordingly.
(5) Any reference in this Act to a person ceasing to
be a public officer includes a reference to the death of a person
who dies while he is a public officer.
(6) Any reference in this Act to the service of a public
officer in the service of this Government includes any period
of service taken into account for the purposes of the Pensions
Cap. 5 Act, under the provisions of subsection 2 of section 2 of that
Act.

Applica- 3. (1) Subject to the provisions of the next following
tion of section this Act shall apply to-
Act to
oferiand (a) every person who is a public officer in the
those service of this Government at the date of the
pointed commencement of this Act and elects, before
future. the thirty-first day of January, 1961, that this
Act shall apply to him; and
(b) every person who is appointed to be a public
officer in the service of this Government after
the date of the commencement of this Act.







The Widows' and Children's Pension Act, 1960. 109


(2) Any public officer who has not elected that this
Act shall apply to him under the provisions of paragraph (a)
of subsection (1) of this section and subsequently marries
may within the period of three months next following the
date of his marriage elect that this Act shall apply to him.

(3) In any case where an officer to whom paragraph
(a) of subsection (1) or subsection (2) of this section applies
has been absent from the Territory in which he is normally
stationed for the whole or a substantial portion of the period
within which he is required to elect that this Act shall apply
to him, or in any other case where similar exceptional circum-
stances exist, the Governor-General may extend the time
within which such an election is required to be made.

4. (1) Subject to the provisions of this section the pro-Applica-
visions of this Act shall not apply to any person appointedtO toof
to the office of judge of the Federal Supreme Court. judges of
Federal
(2) The Governor-General may make regulations forSupreme
the purpose of applying the provisions of this Act to persons Court.
appointed to the office of judge of the Federal Supreme Court.
(3) Without prejudice to the generality of the power
conferred under subsection (2) of this section, regulations
made thereunder may-
(a) provide for the modification of the provisions
,f any Act or of any subsidiary legislation
made thereunder;
(b) prescribe the date from which the provisions
of this Act shall apply to any such person,
the rate or amount of contribution payable by
such persons, or the rate or amount of pension
payable to the widow and children of such
persons; and
(c) provide for any matters incidental to any of
the purposes aforesaid;
(d) be given retrospective effect to such extent
and for such purposes as may be prescribed
therein.
(4) All regulations made under this section shall be
laid before each chamber of the Federal Legislature and
published in the Gazette.







110 The Widows' and Children's Pension Act, 1960.

Power to 5. Subject to the provisions of this Act, the Governor-
grant
widows' General may on the death of a person to whom this Act
and r applies (in this Act referred to as "the deceased") grant, in
pensions, respect of his service-

(a) where he leaves a widow, a pension to that
widow (in this Act referred to as a "widow's
pension"); and

(b) where he had a wife at any time (whether or
not the marriage continued until his death
and whether or not a widow's pension is or
can be granted), a pension for the benefit of
the children of the marriage and, in certain
circumstances, of other children of his or hers
(in this Act referred to as a "children's
pension"):

Provided that any marriage of the deceased which
takes place after he has ceased to be a public officer shall be
left out of account for the purpose of this Act, and any
reference in this Act to marriage, a wife, the widow or the
children of the deceased shall be construed accordingly.

6. (1) A pension shall not be granted under this Act
unless-
nder this (a) the deceased had become eligible for the grant
Act to of a pension under the provisions of the
depend on Pensions Act, (whether such a pension had
eligiiity actually been granted or not); or
for
pension. (b) the deceased would have become eligible for
the grant of a pension under the provisions
Cap. 512 of the Pensions Act if the provisions of regu-
(Sch.) lation 4 of the Pensions Regulations, (which
relates to minimum qualifying service) had
not been applicable to him; or
(c) the deceased was still serving as a public
officer at the time of his death and would, if-
(i) he had retired on medical grounds, and
(ii) he had been confirmed in a pensionable
office, and







The Widows' and Children's Pension Act, 1960. 111

(iii) the provisions of regulation 4 of the
Pensions Regulations (which relates to
minimum qualifying service) or of the
corresponding provisions in the law or
regulations of the public service in which
he was employed at the date of his death,
had not been applicable to him, and
(iv) he had completed at least one month's
pensionable service,
have become eligible for the grant of a
pension.

(2) In this Act-
(a) references to the basic pension of an officer
mean the pension for which, under the
Pensions Act, he was eligible on the date of
his death (whether such a pension at that or
any other rate had actually been granted or
not) or, as the case may be, for which he
would have become eligible, calculated, in
either case, with reference to his pensionable
service only, and any abatement, addition or
other pension or allowance which may or
might be made under the provisions of the
Pensions Act, shall be left out of account; and
(b) subject to the provisions of section 7 of this
Act the expression "the rate of the pension
of the deceased" means the annual rate of the
basic pension of the deceased.

7. Where the deceased was a public officer in theMinimum
service of this Government at the time of his death or hadbeneft.
retired from that service in the circumstances mentioned in
paragraphs (c), (d) or (e) of section 6 of the Pensions Act,
and at the time of his death or retirement, his pensionable
service under this Government was less than twenty years,
his basic pension-

(a) where during his total pensionable service he
had had no opportunity of contributing to a
statutory widows' and orphans' pensions
scheme otherwise than under this Act, shall







The Widows' and Children's Pension Act, 1960.


be computed as if his total pensionable service
had been pensionable service under this
Government for a period of twenty years, or
where his period of such service would have
been less than twenty years if he had died or
retired at the age of sixty years, for such
lesser period;
(b) where during or throughout his pensionable
service otherwise than under this Government
he had had an opportunity of contributing to
a statutory widows' and orphans' pensions
scheme, shall be increased by an amount equal
to the difference between the basic pension for
which he would have been eligible if his total
pensionable service had been wholly under
this Government and paragraph (a) of this
section had applied to him, and the basic
pension for which he would have been
eligible if his total pensionable service,
excluding any period or periods during which
he had no opportunity of contributing to a
statutory widows' and orphans' pensions
scheme, had been wholly under this Govern-
ment and paragraph (a) of this section were
left out of account.

Widow's 8. (1) A widow's pension shall not be granted if-
pensions.
(a) the widow was at the time of the death of the
deceased cohabiting with a person other than
the deceased; or
(b) after the death of the deceased the widow
remarries or cohabits with any person,
and if, after the grant of a widow's pension, the
widow remarries or cohabits with any person, the
pension shall cease as from the date of the
remarriage or the commencement of the cohabi-
tation:
Provided that where-
(i) a pension is withheld or ceases under this
section; and







The Widows' and Children's Pension Act, 1960. 113

(ii) the Governor-General is satisfied at a sub-
sequent date that the marriage or cohabit-
ation has come to an end or that there are
compassionate grounds for the payment of
pension notwithstanding the marriage,
the Governor-General may, if he thinks fit, grant
or regrant the pension as from that date.
(2) Subject to the provisions of subsection (1) of this
section, a widow's pension may be paid in respect of the
whole period from the death of the deceased to the death of
the widow.
(3) The annual rate of a widow's pension may amount
to one-third of the rate of the basic pension of the deceased.
(4) Where the annual rate of a widow's pension is
less than two hundred and forty dollars per annum, the
Governor-General may, on the application of the widow
made within three months next following the grant of the
pension, or within such extended period as the Governor-
General may allow, commute the pension by paying to her
a sum which in the opinion of the Governor-General, is
actuarially equivalent, at the date of payment, to the value
of the pension.
9. If a person to whom a widow's pension has beenBankrupteY
of a
granted is adjudicated bankrupt, or declared insolvent by widow.
any competent court such pension shall cease as from the
date of the bankruptcy or insolvency:
Provided that where a pension ceases under this
section the Governor-General may, from time to time, during
the remainder of her life, or during such shorter period or
periods, either continuous or discontinuous as he thinks fit,
authorise the payment to such widow of an allowance at a
rate not exceeding the rate of such pension or may authorise
the application of such allowance for the maintenance and
personal support of such widow, in such manner and at such
time as he thinks fit.
10. Where the deceased leaves a widow who does notPaymentof
assist or deserts or abandons a child whom she is bound bypensio8 in
law to maintain, the Governor-General may direct that such assertion.







The Widows' and Children's Pension Act, 1960.


portions of the widow's pension as he thinks fit shall be paid
to such person as he may direct and be applied by him for
the benefit of such child.

Cheiosns 11. (1) A children's pension may be granted if, and be
bene- paid so long as and whenever, there are persons for whose
fciaries. benefit it can enure.

(2) Subject to the provisions of this section, the
persons for whose benefit a children's pension can enure are
the children of the deceased or of any wife of his who are for
the time being in their period of childhood and full-time
education.

(3) A children's pension cannot enure for the benefit
of any person-

(a) conceived after the deceased ceased to be a
public officer;

(b) by reason that he is the illegitimate child or
the adopted child of the deceased, if he was
born, or, as the case may be, adopted after
the termination of the deceased's last
marriage or after the deceased had ceased to
be a public officer;

(c) by reason that he is the child of a wife of the
deceased, if he was born or became her child
after the termination of the marriage or after
the deceased had ceased to be a public officer;

(d) by reason that-

(i) he is the illegitimate child of the
deceased; or

(ii) he is the step-child of the deceased and
a child of a wife of his; or

(iii) he is a step-child, adopted child or
illegitimate child of a wife of the
deceased,








The Widows' and Children's Pension Act, 1960. 115

unless he was wholly or mainly dependant on the
deceased at the time of his death.
(4) A children's pension cannot enure for the benefit
of-
(a) a female person who at the time of the death
of the deceased is married or cohabiting with
any person, and if, after the death of the
deceased, a female person marries or cohabits
with any person, she shall thereupon cease to
be a person for whose benefit a children's
pension can enure:
Provided that where-
(i) a pension is withheld from or does not
enure for the benefit of a person by virtue
of this subsection; and
(ii) the Governor-General is satisfied at a
subsequent date that the marriage or
cohabitation has come to an end or that
there are compassionate grounds for
permitting the pension to enure for her
benefit notwithstanding the marriage,
the Governor-General may, if he thinks fit, grant
the pension, or as the case may be, permit the
pension to enure for her benefit, as from that date;
(b) a child of the deceased or any wife of his who
is adopted by any other person during the life
time of the deceased.
12. (1) Only one children's pension shall be granted in Children's
respect of the service of any one person, but pension:
rate and
(a) the rate thereof may vary according to themode of
number of persons for whose benefit it can for
the time being enure; and
(b) it shall be paid to such person or persons as
the Governor-General may from time to time
direct, and different parts thereof may be
directed to be paid to different persons; and
(c) the person to whom all or any part thereof is
paid shall apply the sum paid to him, without
distinction, for the benefit of all the persons







The Widows' and Children's Pension Act, 1960.


for whose benefit the pension can for the time
being enure or for the benefit of such of them
as the Governor-General may from time to
time direct.
(2) Where the deceased leaves no widow, and, if he
leaves a widow, after her death, the annual rate of a children's
pension-

(a) while the persons for whose benefit it can
enure are two or more in number, may amount
to one half of the rate of the basic pension of
the deceased;
(b) while there is only one such person, may
amount to one quarter of the rate of the
basic pension of the deceased.

(3) Subject to the provisions of the next succeeding
subsection, where the deceased leaves a widow, the annual
rate of a children's pension during her life-

(a) while the persons for whose benefit it can
enure are two or more in number, may amount
to one-third of the rate of the basic pension
of the deceased;

(b) while there is only one such person, may
amount to one-sixth of the rate of the basic
pension of the deceased:

Provided that where all the persons for whose
benefit a children's pension can enure were at the time of the
death of the deceased in the care of some person other than
the widow, the Governor-General may, if he thinks fit, direct
that subsection (2) of this section shall apply notwithstanding
that the widow is still alive.

(4) Notwithstanding anything in the proceeding pro-
visions of this section, where the deceased leaves a widow
and no widow's pension is granted to her or, if one is granted
to her, it ceases to be paid before her death, no children's
pension shall be payable as respects any period comprised
within the lifetime of the widow or within the time in respect








The Widows' and Children's Pension Act, 1960.


of which no widow's pension is payable, as the case may be,
unless the Governor-General specially directs that such a
pension shall be so payable, but if the Governor-General does
specially so direct, he may if he thinks fit, further direct that
subsection (2) of this section shall apply as respects any
such period notwithstanding that the widpw is alive.
(5) (a) Where the annual rate of a children's pension
is less than two hundred and forty dollars per annum, the
Governor-General may, on the application of any person
made within three months next following the grant of the
pension, or within such extended period as the Governor-
General may allow, commute the pension by paying to such
person or persons as he thinks fit, a sum which in the opinion
of the Governor-General, is actuarially equivalent, at the
date of the payment, to the value of the pension.
(b) The provisions of this subsection shall not
apply where a widow's pension has been granted and the
aggregate of the annual rates of the widow's pension and the
children's pension exceeds two hundred and forty dollars
per annum.
13 (1) (a) Every person who elects under paragraph (a) Periodical
of subsection (1) or under subsection (2) of section 3 of this tio~.r
Act that this Act shall apply to him shall at the same time
elect whether or not to make contributions under this section.
(b) Every person who is appointed to be a public
officer in the service of this Government after the date of the
commencement of this Act shall within two months of the
date of his appointment elect whether or not to make contri-
butions under this section.
(c) Every person who on the date of his appoint-
ment to be a public officer in the service of the Government
is unmarried and who marries thereafter, shall, unless he has
previously elected under either paragraph (a) or (b) of this
subsection to make contributions under this section, again
elect within two months of the date of his marriage whether
or not to make such contributions.
(2) In any case where an officer has been absent from
the Territory in which he is normally stationed for the whole
or a substantial portion of the period within which he is
required to elect under subsection (1) of this section whether








The Widows' and Children's Pension Act, 1960.


or not to make contributions under this section, or in any
other case where similar exceptional circumstances exist,
the Governor-General may extend the time within which such
an election is required to be made.
(3) Contributions by an officer under this section-
(a) shall be equal to two per centum of the
amount of pensionable emoluments from time
to time payable to him;
(b) shall be payable in respect of his pensionable
emoluments-
(i) from the date as from which his election
to pay contributions becomes effective
until he ceases to be a public officer under
this Government; and
(ii) in the case of an officer transferred to
other public service who subsequently
re-enters the public service of this
Government, from the date of his re-entry
until he ceases to be a public officer under
this Government:
Provided that no contributions shall
be payable in respect of any period which
is not taken into account as pensionable
service.
(c) shall be paid by monthly abatements from the
officer's salary, or in exceptional cases, at such
other times or in such other manner as the
Governor-General shall determine.
(4) An election by an officer under subsection (1) of
this section shall be effective as from the date of his first
appointment to be a public officer in the service of the
Government or the first day of January, 1961, whichever is
the later:
Provided that in the case of a person who-
(a) on the date of his first appointment to be a
public officer in the service of this Government
or at the date of the commencement of this
Act, is unmarried, and
(b) marries thereafter, and







The Widows' and Children's Pension Act, 1960. 119

(c) has not already elected under either para-
graph (a) or (b) of subsection (1) of this
section to make contributions under this
section,

an election shall be effective as from the first day of the
month in which he marries.

(5) Contributions under this section are in this Act
referred to as periodical contributions.

14. (1) If- Return of
periodical
(a) when a person who has made periodical con- contribu-
tributions ceases to be a public officer, ittions.
appears that he has had no wife throughout
the period commencing with the date of his
first appointment as a public officer in the
service of this Government and terminating
on the date when he ceases to be a public
officer; or

(b) a person who has made periodical contri-
butions ceases to be a public officer under
such circumstances that he is not eligible for
the grant of a pension and would not have
become eligible under the provisions of para-
graph (b) or paragraph (c) of subsection (1)
of section 6 of this Act,
the whole of his periodical contributions shall be returned
to him or to his legal personal representative.

(2) Where a person who has made periodical contri-
butions ceases to be a public officer in such circumstances
that he is eligible only for the grant of a gratuity, then,
unless he retired from the public service in the circumstances
defined .in paragraph (e) of section 6 of the Pensions Act, he Cap. 512
may elect that the whole of his periodical contributions may
be returned to him in return for the surrender of such
benefits as might enure under this Act to his widow and his
or her children.
(3) If a person who has made periodical contributions
has no wife when he ceases to be a public officer, there shall







120 The Widows' and Children's Pension Act, 1960.

be returned to him or to his legal personal representative
such of those contributions, beginning with the last of them,
as is necessary to secure that the period in respect of which
such contributions have been paid by him without being
returned does not extend beyond the date on which he last
had a wife.

(4) Where any contributions are returned under this
section, they may be returned with an addition of one-and-a
quarter per cent of the aggregate amount of the returned
contributions for each year and part of a year of service in
respect of which the contributions were made:

Provided that the Governor-General may authorise
the addition payable under this subsection to be at such
increased rate as he may from time to time determine.

15. (1) Subject to the provisions of this Act, where a
pension or gratuity under the Pensions Act becomes payable
to or in respect of a public officer to whom this Act applies,
payment shall be made in respect of the contributions due
from him under this Act, in the form of a reduction-

(a) in the gratuity, where one is payable, or

(b) where no such gratuity is payable, or the
payment due under this section exceeds the
gratuity, then to the extent of such excess,
m any such pension payable.

(2) A payment shall not be made under this section
where-

(a) the public officer has no wife when he ceases
to be a public officer and has had no wife
throughout the period commencing with the
date of his first appointment as a public officer
in the service of this Government and ter-
minating on the date when he ceases to be a
public officer; or

(b) being eligible under the provisions of sub-
section (2) of section 14 of this Act, the public







The Widows' and Children's Pension Act, 1960. 121

officer elects to surrender such benefits as
-night enure under this Act to his widow and
his or her children; or

(c) the number of relevant months as defined in
subsection (4) of this section, is nil.

(3) (a) Where the payment by a public officer under
this section takes the form of a reduction in
the amount of the pension, it shall be made at
an annual rate of two-twenty-fifths of the
total amount of the contribution.

(b) Where the payment takes the form of a
reduction in gratuity it shall be equal to the
total amount of the contribution.

(c) For the purpose of this subsection- Contribu-
tion by
reduction
"the total amount of the contribution" means pension
the sum equal to one-twelfth of two perorgratuity.
centum of the person's annual pensionable
emoluments when he ceased to be a public
officer, multiplied by the number of relevant
months as defined in subsection (4) of this
section;

"annual pensionable emoluments" means the
emoluments which would be taken for the
purpose of computing the public officer's
pension or gratuity in accordance with the
provisions of regulation 18 of the Pensions
Regulations.

(4) In this section, the expression "the number of
elevant months" means-

(a) if the public officer has a wife when he ceases
to be a public officer, the number of completed
months of pensionable service under this
Government which he then has;

(b) if the public officer has no wife when he
ceases to be a public officer, the number of







122 The Widows' and Children's Pension Act, 1960.

completed months of pensionable service
under this Government which he had when
he last had a wife before that date,

reduced in each case by the number of months, if any, for
which periodical contributions have been made by him and
are not returnable.

(5) Where the payment due from a public officer under
this Act takes the form of a reduction in his pension and that
pension ceases under the provisions of either section 14, 15
Cap. 512 or 16 of the Pensions Act, sums equivalent to those by which
the pension would have been reduced had it not ceased, shall
be deemed to have been paid on account of the payment due
under this Act.

Lump sum 16. (1) Where a public officer in the service of this
contribu- Government at the date of the commencement of this Act,
tion by
existing elects under the provisions of section 3 of this Act that this
officers. Act shall apply to him he may further elect at the same
time to make a lump sum contribution equal to-

(a) in the case of an officer to whom subsection
(2) of section 3 of this Act does not apply, two
percent of the total pensionable emoluments
received by him during the period of his
pensionable service under this Government
prior to the commencement of this Act;

(b) in the case of an officer to whom subsection
(2) of section 3 of this Act applies, one
twelfth of two per cent of his annual pension-
able emoluments, ascertained in accordance
Cap. 512 with regulation 18 of the Pensions Regula-
tions at the date of his marriage, multiplied by
the number of months of his pensionable
service under this Government which he had
on the first day of the month in which he
marries.

(2) Where a public officer has made a lump sum con-
tribution under the provisions of subsection (1) of this section
he shall be deemed to have made periodical contribution,








The Widows' and Children's Pension Act, 1960. 123

for the period of his pensionable service taken into account
in calculating the amount of such lump sum contribution.

17. Where a payment on account of contribution falls Contribu-
tion by
to be made under section 15 of this Act by or in respect of reduction
public officer whose service includes service otherwise than pension
or gratuity
under this Government, then- in respect
of a
transferred
(a) if such payment becomes due on his deathofficer
while in the service of this Government, or
on his retirement from the public service, the
amount by which the pension or gratuity
payable to or in respect of him under the
Pensions Act, may be reduced under sectionCap. 512
15 of this Act shall be limited to such an
amount as shall bear the same proportion to
the aggregate amount of the contributions
which would fall to be made by or in respect
of him under section 15 of this Act had his
service in the Group been wholly in the service
of this Government as the aggregate amount
of his pensionable emoluments during his
service under this Government bears to the
aggregate amount of his pensionable emolu-
ments throughout his service in the Group:

Provided that for the purposes of this
paragraph the aggregate amount of an
officer's pensionable emoluments shall be
calculated in accordance with paragraph (3)
of regulation 9 of the Pensions Regulations:

(b) if such payment becomes due on the death of
the officer while he is in other public service,
no pension shall be payable to his widow or
to any children of his or hers under the pro-
visions of this Act unless a sum equal to the
amount by which, if he had died in the service
of this Government, the gratuity payable in
respectt of him would have been reduced under
the provisions of the preceding paragraph is
paid to the Accountant General within six







The Widows' and Children's Pension Act, 1960.


months next following his death or within
such extended period as the Governor-General
may allow.

Contribu- 18. Where a public officer, whose pension has been
tions
payable in suspended under section 11 of the Pensions Act, or whose
respect of earlier public service is taken into account in accordance
re-empoye with the provisions of regulation 15(2) (b) of the Pensions
Cap. 512 Regulations, has had a reduction made in the pension or
(Sch.) gratuity granted to him under that Act in accordance with
the provision of section 15 of this Act he shall-

(a) if such reduction had been made from the
aforesaid gratuity, be deemed to have made
periodical contributions in respect of the
period of his pensionable service taken into
account in calculating the amount of such
reduction;

(b) if such reduction had been made from the
aforesaid pension, be deemed to have made
,periodical contributions in respect of that
proportion, not exceeding the whole, of his
pensionable service taken into account in
,calculating the amount of such reduction as
the actual amount of the contribution paid
by way of reduction in pension bears to the
total amount of the contribution used in
determining the amount of the reduction.

Information 19. (1) Every public officer to whom this Act applies
to be shall--
furnished.
(a) within three months of the date of his first
appointment to be a public officer in the
service of this Government or of the date of
the commencement of this Act, whichever is
the later, notify to the Accountant General,.
in writing, if he is married or a widower with
children who are in their period of childhood
and full-time education the dates of his
marriage and the births of his and his wife's
children;







The Widows' and Children's Pension Act, 1960.


(b) if he marries, notify his marriage to the
Accountant General in writing within three
months of the marriage;
(c) notify to the Accountant General within three
months of the event-
(i) the birth of any child born to him or the
adoption of any child by him;
(ii) the marriage of any female child during
her period of childhood and full-time
education;
(iii) the death of his wife and the death or
adoption of any children who are in their
period of childhood and full-time educa-
tion;
(iv) the annulment or dissolution of his
marriage and the date thereof.
(2) The widow of a public officer to whom this Act
applies shall notify to the Accountant General in writing
-within three months of the event-
(i) the date of his death;
(ii) the birth of any posthumous child born
to him;
(iii) the marriage of any female child during
her period of childhood and full-time
education;
(iv) the death of any child during his period of
childhood and full-time education;
(v) her own re-marriage or bankruptcy.
(3) Any statement or notice made or given in
:pursuance of the provisions of this section shall be proved by
the production of birth, death or marriage certificates or by
affidavit or otherwise to the satisfaction of the Accountant
*General.
20. (1) Any public officer to whom this Act applies or a Penaltyfor
widow of such officer who fails or neglects to comply with any ', piance.
of the requirements of the preceding section shall, for each
-default, be liable, at the discretion of the Governor-General,
to pay a fine not exceeding ten dollars which may be deducted
from his salary, or, as the case may be, from his or her pension.







126 The Widows' and Children's Pension Act, 1960.

(2) If any public officer to whom this Act applies or
a widow of such officer, makes any false statement respecting
any of the particulars required by this Act to be given to the
Accountant General, all or any part of the rights or benefits
which would or might ensure to him or his widow and children
under this Act shall be liable to be forfeited at the discretion
of the Governor-General.
Marriages 21. Where a public officer marries and-
of public
officers (a) he dies within the year beginning with the
early date of the marriage; and
death
is to be (b) there are no children born of the marriage;
foreseen, and
(c) the Governor-General is of the opinion that
his death within the year beginning with the
date of the marriage was, at that date, to be
foreseen by the public officer,
the Governor-General may direct that this Act shall have
effect as if the marriage had not taken place and all the
necessary adjustments shall be made accordingly.
Pension 22. Except as may be expressly provided in this Act
not to be no pension payable, and no rights of any person, under the
assigned. provisions of this Act shall be assignable or transferable or
liable to be attached, sequestered or levied upon for, or in
respect of, any debt or claim whatsoever.
Mode of 23. (1) Any election authorised to be made under this Act
sections. shall be in writing and shall be made to the Accountant
General.
(2) The date of the making of the election shall be
deemed to be the date of the receipt of the written notification
of the election by the Accountant General.
(3) After the expiry of any period within which an
election under this Act is required to be made, any such
election shall be irrevocable.
Proof of 24. The Accountant General may require such proof
claims to
pensions. as he considers desirable that any person who claims to be
entitled to a pension under this Act, or on behalf of whom
such claim is made, is alive and entitled to the pension, and
the payment of any pension may be refused until such proof
is furnished to the satisfaction of the Accountant General.







The Widows' and Children's Pension Act, 1960.


25. In the exercise of any of the functions conferred Exercise of
on him by or under this Act (other than the functions Governor-
General's
conferred by subsections (2) and (3) of section 4 or by the functions.
proviso to subsection (4) of section 14 hereof) the Governor-
General is authorised to exercise that function in his discre-
tion after consultation with the Public Service Commission.

26. (1) There shall be paid out of the general revenues of Financial
the Federation- provisions.
(a) any pension, capital sum or return of contribu-
tion with or without interest which is payable
under or by virtue of any of the provisions of
this Act;
(b) any expenses incurred in the administration
of this Act.
(2) Contributions under this Act, except insofar as
they take the form of a reduction of a pension or a gratuity,
shall be paid into the general revenues of the Federation.


Passed by the House of Representatives this 22nd
day of November, 1960.
D. F. MAYERS,
Acting Clerk of the House of Representatives.

E. R. L. WARD,
Speaker.

Passed by the Senate this 6th day of December, 1960.
J. B. McDOWELL,
Acting Clerk of the Senate.








128 The Supplementary Appropriation (1959 No. 3) Act, 1960.


THE WEST INDIES


ACT No. 12 of 1960.

THE SUPPLEMENTARY APPROPRIATION
(1959 No. 3) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. $25,496 appropriated out of public funds.
SCHEDULE.







The Supplementary Appropriation (1959 No. 3) Act, 1960. 129


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.






THE SUPPLEMENTARY APPROPRIATION
(1959 No. 3) ACT, 1960

AN ACT: to appropriate an additional sum from
the public funds of the Federation for the services of the year
ended on the thirty-first day of December, one thousand nine
hundred and fifty-nine.

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. This Act may be cited as the Supplementary short title. -
Appropriation (1959 No. 3) Act, 1960.
2. The Financial Secretary may issue out of the$25,496
public funds of the Federation on the warrant of the appro-
Governor-General and apply towards the services of the year out of
ended on the thirty-first day of December, one thousand nine",
hundred and fifty-nine the sum of twenty-five thousand four
hundred and ninety-six dollars which sum is appropriated
and shall be deemed to have been appropriated as
from the first day of January, one thousand nine hundred







130 The Supplementcry Appropriation (1959 No. 3) Act, 1960.

and fifty-nine for the service and purpose set out in the
Schedule to this Act.


SCHEDULE
Head
XIV Overseas Commissions-United Kingdom .. $25,496


Passed by the House of Representatives this 2nd
day of December. 1960.


D. F. MAYERS,
Acting Clerk of the House of Representatives.


E. R. L. WARD,
Speaker.




Passed by the Senate this 6th day of December, 1960.



J. B. McDOWELL,
Acting Clerk of the Senate.








The Supplementary Appropriation (No. 2) Act, 1960. 131


THE WEST INDIES

ACT No. 13 of 1960.

THE SUPPLEMENTARY APPROPRIATION
(No. 2) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. $945,273 appropriated out of public funds.
SCHEDULE.








The Supplementary Appropriation (No. 2) Act, 1960.


I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.





THE SUPPLEMENTARY APPROPRIATION
(No. 2) ACT, 1960

An Act to appropriate an additional sum from
the public funds of the Federation for the services for the year
ending on the thirty-first day of December, one thousand nine
hundred and sixty.

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. 2) Act, 1960.
$945,273 2. The Accountant General may issue out of the
appro-
priated public funds of the Federation on the warrant of the
out of Governor-General and apply towards the services of the year
fubis ending on the thirty-first day of December, one thousand, nine
hundred and sixty the sum of nine hundred and forty five
thousand, two hundred and seventy three dollars which sum
is appropriated and shall be deemed to have been appro-
priated as from the first day of January one thousand nine
hundred and sixty for the services and purposes set out in
the Schedule to this Act.









The Supplementary Appropriation (No. 2) Act, 1960. 133


III
IV
VI
VII
X
XII
XIII
XIV
XV
XIX
XXI
XXII


SCHEDULE
Head
Governor-General
Legislature .
Audit .. .
Law Officers
Prime Minister
Communications and Works
Labour and Social Affairs
Miscellaneous Services
Overseas Commissions-United Kingdom
Overseas Commissions-Canada
Regional Contributions and Services
Expenses Federal Capital
Special Contingencies


Total Ordinary Expenditure ..

XXIII Colonial Development and Welfare Schemes


Total Expenditure ..


Passed by the House of Representatives
day of December, 1960.


$
19,016
8,806
60
250
11,981
1,000
150
.345,947
13,980
3,000
.319,093
23,832
232

.. 747,347

.. 197,926


.. 945,273


this 2nd


Acting Clerk


D. F. MAYERS,
of the House of Representatives.


E. R. L. WARD,
Speaker.

Passed by the Senate this 6th day of December, 1960.

J. B. McDOWELL,
Acting Clerk of the Senate.








134 The Appropriation (1961) Act, 1960.


THE WEST INDIES


ACT No. 14 of 1960.

THE APPROPRIATION (1961) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. $12,185,506 appropriated out of public funds.
SCHEDULE








The Appropriation (1961) Act, 1960. 135


I ASSENT
HAILES
[L,.S.]
GOVERNOR-GENERAL

29th December, 1960.








AN ACT to appropriate a sum from the public
funds of the Federation for the services of 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:-

1. This Act may be cited as the Appropriation (1961) Short title.
Act, 1960.

2. The Accountant General may issue out of the$12,185,506
public funds of the Federation on the warrant of the pri out
Governor-General and apply towards the services of the year of public
ending on the thirty-first day of December, one thousand nine funds.
hundred and sixty-one the sum of twelve million one hundred
and eighty-five thousand, five hundred and six dollars,
which sum shall be 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 Appropriation (1961) Act, 1960.


SCHEDULE


Head


I
II
III
IV
V
VI

VII
VIII
IX
X
XI

XII

XIV
XV
XVI


XVII Overseas Commission-Canada
XVIII Overseas Commission-Venezuela
XIX Overseas Commission-
Students Services-U.S.A.
XX Meteorological Services


XXI Regional Contributions and Services
XXII Expenses Federal Capital ..

Total Ordinary Expenditure
XXIII Colonial Development and
Welfare Schemes


Total Expenditure


Governor-General
Federal Supreme Court
Legislature
Audit
Law Officers
Public Service Commission
Prime Minister
Cabinet
Finance
Trade and Industry
Communications and Works
Natural Resources and Agriculture
Labour and Social Affairs ..
Pensions and Gratuities
Miscellaneous Services
Overseas Commission-United King


42,918
161,700
7,778,781
326,850

$11,248,924

936,582

$12,185,506


. $ 205,245
54,910
552,080
19,580
25,150
2,230
113,376
40,287
48,680
41,920
68,790
51,320
39,640
11,500
994,620
dom 475,940
167,120
26,287


. .


. .








The Appropriation (1961) Act, 1960. 137



Passed by the House of Representatives this 6th day
of December, 1960.

D. F. MAYERS,
Acting Clerk of the House of Representatives.


E. R. L. WARD,
Speaker.


Passed by the Senate this 9th day of December, 1960.

J. B. McDOWELL,
Acting Clerk of the Senate.








The Pensions (Amendment) Act, 1960.


THE WEST INDIES

ACT No. 15 of 1960.

THE PENSIONS (AMENDMENT) ACT, 1960

ARRANGEMENT OF SECTIONS
Section
1. Short title and commencement.
2. Amendment of section 9 of principal Act.
3. Amendment of section 15 of principal Act.
4. Amendment of section 16 of principal Act.








The Pensions (Amendment) Act, 1960. 139






I ASSENT

HAILES
[L.S.]
GOVERNOR-GENERAL

29th December, 1960.





AN ACT to amend the Pensions Act, 1958.

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 Pensions (Amend-short title,
ment) Act, 1960 and shall be read as one with the Pensions menand
Act, 1958 (hereinafter called the principal Act). applica-
tion.
(2) Subject to the provisions of subsection (3) of this ap. 51.
section, this Act, shall come into operation on the first day
of January, 1961.

(3) (a) This Act shall apply to the Cayman Islands
and the Turks and Caicos Islands.

(b) This Act shall, in relation to the Cayman
Islands and the Turks and Caicos Islands, come into operation
on such day as the Governor-General may appoint by
proclamation in the Gazette.

2. Section 9 of the principal Act is amended by the Amendment
repeal of subsection (4) thereof and its replacement by the9 of
following:- principal
Act.








140 The Pensions (Amendment) Act, 1960.

"(4) For the purpose of this section-

(a) an additional pension granted in respect of
injury shall not be taken into account; but
where the officer is granted such an additional
pension under this Act, the amount thereof
together with the remainder of his pension or
pensions shall not exceed five-sixths of his
highest pensionable emoluments at any time in
the course of his public service;

(b) no account shall be taken of any reduction in
pension or gratuity made under and for the
purpose of the Widows' and Children's
Pensions Act, 1960."

Amendment 3. Subsection (4) of section 15 of the principal Act
of section
15 of is amended by adding the following words at the end thereof-
principal "and of all sums deemed to have been paid under
Act.
the provisions of subsection (5) of section 15 of
the Widows' and Children's Pensions Act, 1960".

Amendment 4. Section 16 of the principal Act is amended by
of section
16 of adding the following words at the end thereof-
principal
Act. "and in computing the amount of any arrears of
pension payable to such person, account shall be
taken of all sums deemed to have been paid under
the provisions of subsection (5) of section 15 of the
Widows' and Children's Pensions Act, 1960."


Passed by the House of Representatives this 7th day.
of December, 1960.

D. F. MAYERS,
Acting Clerk of the House of Representatives.

E. R. L. WARD,
Speaker.









The Pensions (Amendment) Act, 1960. 141


Passed by the Senate this 9th day of December, 1960.

J. B. McDOWELL,
Acting Clerk of the Senate.


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




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