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 Main
 Draft bill: A bill to provide retiring...
 Draft bill: A bill to provide for...
 Draft bill: A bill to provide for...
 Draft bill: A bill to amend the...
 Draft bill: A bill to make provision...
 Supplement: House of Assembly debates...














Group Title: Official gazette, Barbados
Title: The official gazette
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Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076861/00063
 Material Information
Title: The official gazette
Physical Description: v. : ill. ; 33-42 cm.
Language: English
Creator: Barbados
Publisher: s.n.
Place of Publication: BridgetownBarbados Published by authority
 Subjects
Subject: Law -- Periodicals -- Barbados   ( lcsh )
Politics and government -- Periodicals -- Barbados   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
General Note: Caption title.
General Note: Supplements issued for some of the numbers.
 Record Information
Bibliographic ID: UF00076861
Volume ID: VID00063
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001043625
oclc - 12594829
notis - AFC6434

Table of Contents
    Main
        Page 65
        Page 66
        Page 67
        Page 68
    Draft bill: A bill to provide retiring allowances on a contributory basis to persons who have served as legislators, etc.
        Page A i
        Page A 1
        Page A 2
        Page A 3
        Page A 4
        Page A 5
        Page A 6
        Page A 7
        Page A 8
        Page A 9
        Page A 10
        Page A 11
        Page A 12
        Page A 13
        Page A 14
        Page A 15
        Page A 16
        Page A 17
    Draft bill: A bill to provide for persons who have served as prime ministers, etc.
        Page B i
        Page B ii
        Page B iii
        Page B 1
        Page B 2
        Page B 3
        Page B 4
        Page B 5
        Page B 6
        Page B 7
    Draft bill: A bill to provide for the membership of Barbados in the Inter-American Development Bank
        Page C i
        Page C ii
        Page C 1
        Page C 2
        Page C 3
    Draft bill: A bill to amend the Companies Act, 1910
        Page D i
        Page D ii
        Page D 1
        Page D 2
        Page D 3
    Draft bill: A bill to make provision for determining the valuation of land for taxation rating and other purposes, etc.
        Page E i-a
        Page E i-b
        Page E i-c
        Page E i-d
        Page E ii
        Page E iii
        Page E 1
        Page E 2
        Page E 3
        Page E 4
        Page E 5
        Page E 6
        Page E 7
        Page E 8
        Page E 9
        Page E 10
        Page E 11
        Page E 12
        Page E 13
        Page E 14
        Page E 15
        Page E 16
        Page E 17
        Page E 18
        Page E 19
        Page E 20
        Page E 21
        Page E 22
        Page E 23
        Page E 24
        Page E 25
        Page E 26
        Page E 27
        Page E 28
        Page E 29
        Page E 30
        Page E 31
        Page E 32
        Page E 33
        Page E 34
        Page E 35
        Page E 36
        Page E 37
        Page E 38
        Page E 39
        Page E 40
        Page E 41
        Page E 42
        Page E 43
        Page E 44
        Page E 45
        Page E 46
    Supplement: House of Assembly debates for 3rd December, 1968
        Page F 1
        Page F 2
        Page F 3
        Page F 4
        Page F 5
        Page F 6
        Page F 7
        Page F 8
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        Page F 29
        Page F 30
Full Text





















OfidaI


(eantte


PUBLISHED BY AUTHORITY

BRIDGETOWN, BARBADOS, 20TH JANUARY, 1969


TABLE OF CONTENTS

Gazette Notices

Acting Appointment:
V. C. Carter, administrative Assistant as -\sis-
tant Secretarn, \linisltr of externall affairss
Applications for liquor licences at Dist. "A"............
Maudrey Cave, Ralph Parkes:
Cedric I. Roberts, Jeffrey Falcott.................
Executori al:
lubert Byron Kinch ....................................
Income Tax, Notice:
Income Tax Deductions at Source (P.A.} .K.)......
Resignations:
Gwendolyn Denny, Stenographer Grade "B";
Jewel E. Simpson, Clerical Officer: Flora A.
Wilkinson, Clerical Officer.............................
Trade Tax Notice............................... ........*


A Bill to provide retiring allowances on a contributory basis
to persons who have served as legislators etc.
A Bill to provide for persons who have served as Prime
Ministers etc.
A Bill to provide for the membership of Barbados in the
Inter-American Development Bank.
A Bill to amend the Companies Act, 1910.
A Bill to make provision for determining the valuation of
land for taxation rating and other purposes etc.


House of Assembly Debates for 3rd December, 1968.


NOTICE NO. 66
GOVERNMENT NOTICES
Acting Appointment
V. C. Carter, Administrative Assistant
to act as Assistant Secretary, Ministry of
External Affairs with effect front 13th Jan-
uary, 1969.

(M.P. 1515/39/22/10 T.1)

Resignations

Jewel E. Simpson, Clerical Officer, Es-
tablishments Division to resign from the Pub-
lic Service with effect from 22nd January,
1969.

(M.P. P. 8955) '

Flora A. Wilkinson, Clerical Fiflcier,
Queen Elizabeth Hospital resigned from the
Public Service with effect from 19th January,
1969.

(M.P. P, 7414) ..,-

Gwendolyn Denny, Stenographer Grad&
"B" Ministry of Health and Community Deve-
lopment to resign from the Public Service q,
with effect from 27th January, 1969.'

(M.P. P. 9140)


VOL. CIV.


gt- R~ ,
,


S1%#








OFFICIAL GAZETTE January 20. 1969


NOTICE NO. 67


LIQUOR LICEN-CE NOTICES

S(Act 1957-40) \

APPLICANT: MAUDREY -.AVE
OCCUPATION: Shop-keeper
ADDRESS: Redniari's Land
PREMISES: Wall &.,galvanized build-
ing situated at
Redman's Land,
Deacons Road.
Dated this 4th day of January 1909.

Signed: M. CAVE
Applicant

This Application for a Retail Licence
will be considered at a Licensing Court to be
held at Magistrates' Courts Dist. "A" on
Thursday the 13th day of February 1969 at
9 o'clock a.m.


GEORGE COLLYMORE
Clerk to Licensing Authority.


APPLICATION: JEFFERY W ALCOTT
OCCUPATION: Seaman
ADDRESS: Bay Street
PREMISES: Wall building situated
at Bay Street,

Dated this 4th day of January 1969.
Signed: J. WALCOTT
Applicant.

This Application for a Restaurant Licence
will be considered at a Licensing Court to be
held at Magistrates' Courts Dist. 'A' on
Thursday the 13th day of February 1969 at
9 o'clock a.m.

GEORGE COLLYMORE
Clerk to Licensing Authority.


NOTICE NO. 68

LIQUOR LICENCE NOTICES

(Act 1957-40)


APPLICANT:
OCCUPATION:
ADDRESS:


CEDRIC L. ROBERTS
Shop-keeper
Sargeant Village,
Christ Church.


Dated this 13th day of January 1969.


Signed: C. L. ROBERTS
Applicant.


This Application for a Retail Licence
will be considered at a Licensing Court to be
held at Magistrates' Courts Dist. "A" on
Thursday the 13th day of February 1968 at
9 o'clock a.m.


GEORGE COLLYMORE
Clerk to Licensing Authority.


APPLICANT:
OCCUPATION:
ADDRESS:
PREMISES:


RALPH PARKES
Shop-keeper
Bay Street
Wall building at
Bay Street.


Dated this 4th day of January 1969.

Signed: R. PARKES
Applicant.

This Application for a Restaurant Licence
will be considered at a Licensing Court to be
held at Magistrates' Courts Dist. 'A' on
Thursday the 13th day of February 1969 at
9 o'clock a.m.

GEORGE COLLYMORE
Clerk to Licensing Authority.


,January 20, 1969


OFFICIAL GAZETTE











TRADE TAX NOTICE


LOCAL GOVERNMENT ACT, 1958



Notice is hereby given in accordance with section 178 of the Local
Government Act, 1958, that Trade Returns are required from all companies
whether incorporated or unincorporated, societies, trust, partnerships or per-
sons engaged in any trade setting forth the profits or gains from any such
trade carried on within any Rating Area during the year 1968.


Forms of returns may be obtained from the Department of Inland
Revenue, Treasury Building, Bridge Street, and the forms duly filled in must
be delivered to me on or before the following respective dates:-


1. Returns of persons whose books were closed on the 31st day of De-
cember, 1968, on or before 15th day of March, 1969.

2. Returns of all other persons on or before the 15th day of February,
1969.


W\. A. GITTENS
Commissioner of Inland Revenue.



Note:- Any person who refuses or fails to furnish a true and correct return

on or before the prescribed date is liable to a penalty not exceeding
$500,


OFFICIAL GAZETTE


January 20, 1969








OFICA GAETEjauay20 16


NOTICE NO. 997 (fifth publication)

NOTICE


&e the Estate of


HUBERT BYRON KINCH


Deceased


NOTICE IS HEREBY GIVEN that all
creditors and other persons having claims or
demands against the estate of Hubert Byron
Kinch late of Pine Hill in the parish of Saint
Michael and Island of Barbados, deceased
who died on the 13th day of January 1968 and
whose will was proved in the Supreme Court
of Judicature of this Island on the llth day
of November, 1968 by Doreen Isabel Kinch
the executrix therein named, are required to
send particulars in writing of their claims
and demands to the said Doreen Isabel Kinch
at the undermentioned address on or before
the 31st day of January 1969, after which date


the said Doreen Isabel Kinch will proceed to
distribute the assets of the said Hubert Byron
Kinch, deceased, amongst the parties entitled
thereto having regard only to the claims and
demands of which she shall then have had no-
tice and the said Doreen Isabel Kinch will not
be liable for the assets of the said Hubert
Byron Kinch deceased or any part thereof so
distributed to any person or persons of whose
claims or demands she shall not then have
had notice.


And all persons indebted to the said es-
tate are requested to settle their indebted-
ness without delay.

Dated this 22nd day of November 1968.


DOREEN ISABEL KINCH
C/o R. S. Nicholls & Co.
Solicitors for the said
Doreen Isabel Kinch
Pinfold Street,
Bridgetown, Barbados.


INCOME TAX NOTICE


INCOME TAX DEDUCTIONS AT SOURCE

(P.A.Y.E.)


Consequent on the enactment of the Income Tax Act, 1968, new
P.A.Y.E. Tax Tables. are being compiled.

2. All employers are hereby required to continue to make P.A.Y.E. de-
ductions by reference to the current Tables until such time as the new ones
are ready for distribution.


W. A. GITTENS
Commissioner of Inland Revenue.


Government Printing Office.


OFFICIAL GAZETTE


January 20, 1969












OBJECTS AND REASONS

The object of this Bill is to provide, on a non-
contributory basis, pensions for persons who have
served as Prime Ministers of Barbados and for
the widows and children of such persons.




























BARBADOS.


A Bill intituled
An Act to provide retiring allowances, on acon-
tributory basis, to persons who have served as leg-
islators, to provide allowances for the widows of such
persons and to provide for matters connected with
or incidental to the foregoing purposes.

BE IT ENACTED by the Queen's Most Excellent
Majesty, by and with the advice and consent of the
Senate and House of Assembly of Barbados, and by
the authority of the same,as follows:-

1. This Act may be cited as the Retiring Allow-
ances (Legislative Service) Act, 1968.

2. For the purposes of this Act -
"appropiate Minister" means the Minister re-
sponsible for finance;


Short title.


Interpretation.











Provided that, in respect of any mat-
ter relating to an award to the person for
the time being holding the office of Minis-
ter responsible for finance, the appropriate
Minister shall be such other Minister as the
Prime Minister may designate;

awardd' means any amount payable out of the
Consolidated Fund to any person pursuant
to this Act;
"contributions" mean contributions payable
pursuant to section 4;

"contributor" means any legislator who byvir-
tue of section 3 becomes a contributor un-
der this Act;

"elected member" means a member of the House
of Assembly;
"Executive Committee" refers to the committee
which under that name was constituted
pursuant to the provisions of the Executive
Committee Act 1891;
"former legislative service" means service as
a legi slator between 1st January, 1948 an d
the commencement of this Act;

"full parliamentary term" means the period
commencing on the date of the first sitting
of Parliament after a general election and
expiring at the date of the next ensuing
dissolution of Parliament;










"legislator" means a person who -
(a) is an elected member; or
(b) not being an elected member, is the
holder of a specified legislative office;
"Minister" when not preceded by the word
"appropriate",means a legislator appointed
a Minister pursuant to section 65 of the
Constitution and in relation to any period
between 1st January, 1948 and the com-
mencement of this Act, means a legislator
duly appointed aMinister during that period;
"retiring allowance" means a retiring allowance
payable pursuant to section 5;
"salary" means -
(a) in respect of former legislative service-
(i) the basic salary paid to a person by
virtue of his being a member of the
House of Assembly during the period
of such service or where during that
period any such member held a
specified legislative office, the
basic salary paid in respect of the
office so held;
(ii) the basic salary paid to a person,
not being a person referred to in
sub-paragraph (i), by virtue of his
being a Minister or a member (other
than an official member) of the Ex-
ecutive Committee during the period
of such service; and
(b) as respects a legislator, the basic salary
payable to him as such but in relation to











a legislator holding any specified legis-
lative office means the -basic salary
payable to him in respect of the office
so held; and


for the purposes of this definition "basic
salary" means the salary provided in the House
of Assembly (Remuneration of Members) Act,
1949 or in the Ministers and Parliamentary
Secretaries (Remuneration) Act, 1967, as the
case may be, exclusive of duty allowance, en-
tertainment allowance or any other allowance
or emoluments whatever or any amount provided
as a contribution to office or any other expenses;


"specified legislative office" means any of the
offices specified in the Schedule or any office
prescribed as such by the Minister responsible
for finance.

3. (1) Subject to subsection (2) every person who,
at the commencement of this Act, is a legislator, and
every person who, after the commencement of this Act,
becomes a legislator, shall, by virtue of being a legis-
lator, become a contributor under this Act.

(2) Subsection (1) does not apply to any leglc-
lator while he holds the office of Prime Minister by
virtue of an appointment under section 65 (1) of the
Constitution.


Act 1949-29.
Act, 1967-8.









Schedule.




Contributors.










4.(1) Contributions are payable under this Act contributions.
by every person who becomes a contributor and
such contributions shall -
(a) be at the rate of 5% of the basic salary
payable to the contributor;

(b) be payable in respect of the basic
salary of the contributor from the com-
mencement of this Act or, from the
date on which the person concerned
becomes a contributor, if later, until
he ceases to be a legislator;
(c) accrue daily and be deducted monthly
from the salary of each contributor and
be paid to the Accountant General.
(2) All contributions made pursuant to this
section shall be paid into the Consolidated Fund.

5.(1) Subject to the provisions of this Act a circumstances
retiring allowance shall be paid to any person who- in which re-
tiring allow.
ances are
(a) has served as a legislator for two payable.
full parliamentary terms or for periods
equal in the aggregate to not less than
6 years; and

(b) has ceased to be a legislator; and
(c) has attained the age of 40 years.

(2) In determining for the purposes of this
Act, the length of service of any person as a legis-
lator account shall be taken of former legislative
service notwithstanding that contributions in respect
thereof are not payable under this Act.











(3) For the purposes of this section -
(a) a person does not cease to be a legis-
lator by reason only of the dissolution
of Parliament;

(b) a person who immediately before the
dissolution of Parliament was a member
of the House of Assembly shall cease
to be a member of that House if he is
not elected as a member thereof at the
general election next following the
dissolution, and if he so ceases shall
be deemed to have ceased to be a legis-
lator from the date of the dissolution
aforesaid;

(c) a person who is not an elected member
shall cease to be a legislator from the
date on which he ceases to hold a speci-
fied legislative office.

(4) No computation of a retiring allowance under
this Act shall be made after a general election until
30 days (or such longer period not exceeding three
months as may be prescribed) has elapsed after the
general election.

(5) No retiring allowance may be paid under
this Act to any person who is in receipt of or is en-
titled to receive a Prime Minister's Pension under the
Pensions (Prime Ministers) Act, 1968.

Rate of 6. (1) The retiring allowance payable to any person
retiring shall
allowance.











(a) in the case of a person who has served
as a legislator for periods amounting in
the aggregate to not less than 6 years,
be at an annual rate equal to one sixth
of one year's salary of that person;

(b) in the case of a person who has served
as a legislator for periods amounting
in the aggregate to not less than 9 years,
be at an annual rate equal to one third
of one year's salary of that person;
(c) in the case of a person who has served
as a legislator for periods amounting in
the aggregate to not less than 12 years,
be at an annual rate equal to two thirds
of one year's salary of that person.

(2) For the purpose of subsection (1) "one
year's salary" means the highest annual rate of basic
salary payable at any time to any person as a legis-
lator.
(3) The retiring allowance payable to any person
under this section-
(a) shall be paid with effect from the date
on which that person becomes entitled
thereto pursuant to section 5 and, ,sub-
ject to the provisions of this Act, shall
continue to be paid during the lifetime
of that person, and
(b) shall be paid monthly in arrears in equal
instalments as far as possible.











7.(1) A retiring allowance payable under this
Act shall, if the person in receipt thereof again
becomes a legislator, cease to be payable during
the period in respect of which, that person is in re-
ceipt of salary as a legislator; but where the rate of
such retiring allowance exceeds the rate of such
salary, nothing in this subsection shall prevent the
payment of retiring allowance to the extent of such
excess.


(2) At the expiration of the period referred to
in subsection (1) during which a person has fur-
ther service as a legislator, the rate of retiring
allowance shall be recalculated in accordance with
the provisions of section 6.
(3) Where a retiring allowance is recalculated
pursuant to subsection (2) and the person entitled
thereto opts to receive such allowance by way of a
gratuity and a reduced allowance, then in calculating
the amount of such gratuity there shall bededucted
therefrom any amount already paid to such person by
way of gratuity in respect of the retiring allowance
payment of which was suspended under subsection (1).

(4) A retiring allowance recalculated in accor-
dance with subsection (2) shall be paid at the re-
calculated rate with effect from the date of cessation
of the period of service as a legislator which gave
rise to the recalculation.


8. (1) Any person who is entitled to a retiring
allowance under this Act may, at his option exer-
cisable in accordance with subsection (2), be paid,
instead of a retiring allowance at the rate provided
for in section 6, a retiring allowance at the rate of


Cessation of
retiring allow-
ance if person
in receipt
thereof again
becomes a
legislator.


Gratuity and
reduced al-
lowance.











three fourths of such allowance together with a gra-
tuity equal to twelve and one half times the amount
of the reduction so made in the allowance.
(2) The option referred to in subsection (1)
shall be exercised by notice in writing to the appro-
priate Minister within thirty days of the date on
which the person concerned ceases to be a legis-
lator or within such further period as the appropriate
Minister may allow.

9. (1) Where any person who has made contribu- Refund of
tions pursuant to this Act ceases to be a legisla- contributions.
tor and is not eligible for retiring allowance he may,
if he so desires, apply to the appropriate Minister
for a refund of his contributions and, on such ap-
plication, he shall be refunded an amount equal to
the total amount of the contributions paid by him
pursuant to this Act with interest thereon at 4% per
annum.
(2) Where a person who would, on application
pursuant to subsection (1), be entitled to a refund
of contributions dies without making such application,
or having made such an application, dies before
the refund of contributions has been made, and in
the case of a male, leaves no widow or children
entitled to an award under this Act, there shall be
paid to the legal personal representative of such
person a gratui ty equal to the amount which, pursuant
to subsection (1) could have been refunded to such
person if he had not died.
(3) Where a refund has been made to any per-
son or a gratuity paid under this section, no other
award may be made under this Act to or in respect
of that person in relation to the service of that
person as a legislator before the date of the refund.










Widows 10.(1) Subject to the provisions of this Act, where
allowance. a person who-

(a) is in receipt of a retiring allowance;
or

(b) has served as a legislator for two full
parliamentary terms or for periods equal
in the aggregate to not less than 6
years,
dies leaving a widow, there shall be paid to the
widow during her lifetime and while unmarried, a
widow's allowance at an annual rate equivalent to
one half of the retiring allowance, which-
(c) in the case of a person mentioned in
paragraph (a) was being paid to him; or

(d) in the case of a person mentioned in
paragraph (b) would have been payable
to him with effect from the date of his
death if he had not died but had satis-
fied the requirements of section 5 for
the award of a retiring allowance and
had been awarded a retiring allowance
computed in accordance with section 6..

(2) A widow's allowance under this section-
(a) shall be paid monthly in arrears in
equal instalments as far as possible;
(b) shall, subject to subsection (3), if
the widow is in receipt of a retiring
allowance by virtue of having been
herself a contributor under the Act,
cease to be payable;










(c) shall, subject to subsection (3), if
the widow is in receipt of salary as a
legislator, cease to be payable during
the period in respect of which the
widow is in receipt of such salary.
(3) Where the rate of widow's allowance ex-
ceeds the rate of retiring allowance or the rate of
salary, as the case may be, nothing in paragraph (b)
of subsection (2) shall prevent the payment of the
widow's allowance to the extent of such excess.
(4) Where a person who is serving as a legis-
lator dies before he has served the required minimum
period as a legislator to permit his widow to qualify
for a widow's allowance under subsection (1) there
shall be paid to the widow a gratuity equal in amount
to the total contributions paid by that person plus
a sum equal to the highest annual basic salary
payable at any time to that person as a legislator.
11.(1) Subject to the provisions of this Act, Children's
where a person who comes within paragraph (a) or allowance.
(b) of section 10(1) ( hereinafter in this section re-
ferred to as the "deceased legislator") dies leaving
one or more children a children's allowance shall
be payable in respect of such child or children while
under the age of eighteen years.
(2) Only one children's allowance is payable
in respect of the service of any one person as a
legislator, but-
S(a) the rate thereof may vary according
to the number of children entitled
thereto;











(b) it shall be paid to such person or per-
sons as the appropriate Minister may
from time to time direct, and dif-
ferent parts thereof may be directed
to be paid to different persons;
(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 children for the time
being entitled thereto or for the benefit
of such of them as the appropriate Min-
ister may from time to time direct;
(d) the allowance shall be paid monthly
in arrears in equal instalments as far
as possible.

(3) Where the deceased legislator leaves a
widow the annual rate of the children's allowance
during her lifetime shall be-

(a) one third of the rate of the widow's
allowance payable under section 10
where there are two or more children
entitled to the children's allowance;
and

(b) one half of the rate payable under
paragraph (a) where there is only one
child entitled to the children's allow-
ance.
(4) Where the deceased legislator leaves no
widow, or where he leaves a widow, then
her death, or after any allowance payable
ceases to be paid before her death the ann
of the children's allowance shall be-











(a) the same as that which would have
been payable to a widow under section
10 where, there are two or more chil-
dren entitled to the children's allow-
ance; and

(b) one half of the rate payable under
paragraph (a) where there is only one
child entitled to the children's allow-
ance.

(5) Notwithstanding subsection (1) a female
child who marries while under the age of eighteen
years shall cease to be entitled to a children's
allowance.
(6) For the purposes of this section the ex-
pression "child" includes-

(a) a posthumous child;
(b) a step-child;
(c) an illegitimate child who immediately
before the death of the deceased le-
gislator, was wholly or mainly depen-
dent on him for support; and
(d) an adopted child adopted in a manner
recognized by law, and in the case
of a person referred to in paragraph
(a) of section 10(1) before such per-
son last ceased to be a legislator.











Awards to be 12. All awards payable under this Act shall be
paid out of charged on and paid out of the Consolidated Fund.
Consolidated
Fund 13. Any award payable under this Act shall not
Awards not be assignable or transferable except for the purpose
to be as. of satisfying -
sienable.
(a) a debt to the Crown; or
(b) an order of any court for the payment of
periodical sums of money towards the
maintenance of the wife former wife or
child being a minor, of the person to whom
the award is payable, -and
shall notbe liable to be attached, sequestered or levied
upon, for or in respect of any debt or claim whatever
except a debt due to the Crown or any sum recoverable
pursuant to any such order of a court as aforesaid.

power to 14. (1) The Minister responsible for finance may
make make regulations -
regulations.
(a) prescribing in the case of an allowance
payable under this Act, the days on
which the payments of allowance shall
be made;
(b) prescribing, where a recipient of an
allowance under this Act is incapable
of managing his affairs, ,that the allow-
ance may be paid to another person on
his behalf;
(c) prescribing anything which may be re-
quired by this Act to be prescribed in-
cluding any forms-he-considers necessary
for the administration of this Act;
(d) prescribing the manner in which, -and
the person by whom, ,accounts of con-










tributions and awards under this Act
shall be kept and recorded; and
(e) for any other purposes, whether simi-
lar to the above or not, deemed ne-
cessary to give effect to this Act.
(2) All regulations made under this section
shall be subject to affirmative resolution.
15. (1) Contributions shall, in accordance with sec- Payment of
contributions
tion 4, -be paid by every person to whom subsection (1) forperiod be-
of section 2 applies in respect of the period beginning tween ist
on 1st April, 1968 and ending on the last day of the April, 1968
and passing
last month in respect of which salary was paid to such this At.
person without deduction of any contributions under
paragraph (c) of subsection (1) of section 4.
(2) Contributions payable under this section
may, ,at the option of the contributor, -be payable either
in a lump sum or by deductions made monthly from his
salary over a period not exceeding two years.
16. This Act shall be deemed to have come into commencement.
operation on 1st April, 1968.
Read three times and passed the House of Assem-
bly this day of
one thousand nine hundred and sixty-nine.




Speaker.
Read three times and passed the Senate this
day of one
thousand nine hundred and sixty-nine.


President.







16



SCHEDULE
(Section g)

SPECIFIED LEGISLATIVE OFFICES
Minister
Parliamentary Secretary
Member of Executive Committee
Speaker
Deputy Speaker
Chairman of Committees.










HOUSE OF ASSEMBLY


SECOND SESSION OF 1966-71


BILL


intituled an Act to provide retiring allowances,
on a contributory basis, to persons who have
served as legislators, to provide allowances
for the widows of such persons and to pro-
vide for matters connected with or incidental
to the foregoing purposes.


Notice of this Bill was given on 14th
December, 1968.


Government Printing Office.








OBJECTS AND REASONS
This Bill would provide for the paymentof retir-
ing allowances on a contributory basis, .to persons,
who have served as legislators and of widow's and
children's allowances to the widows and children of
such persons.

As defined, a legislator is a person who is either
a member of the House of Assembly or, if not a mem-
ber of the House, is the holder of a legislative office
specified in the Schedule to the Bill.

Contributions towards the payment of pensions are
payable by all legislators, other than the Prime Min-
ister, at the rate of 5 per cent of the basic salary of
each legislator.

A retiring allowance is payable to any person who
has served as a legislator for two full parliamentary
terms or periods equal in the aggregate to not less
than six years, has ceased to be a legislator and at-
tained the age of 40 years, but no such allowance may
be paid to any person who is in receipt of or entitled
to receive a pension 7n respect of his services as
Prime Minister.

The rate of retiring allowance payable depends
on the length of service of a legislator and according-
ly varies from one sixth of the highest annual salary
paid to a legislator in the case of a legislator with
not less than 6 years service, to one third of such
salary in the case of a legislator with not less than
9 years service and to two thirds of such salary in
the case of a legislator with not less than 12 years
service.










Under clause 7 of the Bill a retiring allowance
will, if the person in receipt thereof again becomes
a legislator, cease to be payable during the period
in respect of which that person is in receipt of salary
as a legislator. But if the person again cease to be a
legislator the retiring allowance is recalculated.
Clause 9 of the Bill provides fur the return of con-
tributions made under the Bill if the person by whom
they are made ceases to be a legislator in circum-
stances in which he is not eligible for a retiring al-
lowance; clauses 10 and 11 respectively set out the
circumstances in which widow's and children's allow-
ances are payable; clause 13 prohibits the assignment
of allowances payable under the Bill except for the
purpose of satisfying a debt due to the Crown or a
maintenance order made by a court and clause 15
provides for the payment over a period of not more than
two years of contributions in respect :of the period be-
tween 1st. April, 1968 and the passing of the Bill.











Arrangement of Sections

1. Short title.

2. Interpretation.

3. Prime Minister's right to pension.

4. Rate of Prime Minister's pension.

5. Widow's pension.
6. Children's pension.

7. Source and method of payment of pensions.

8. Protection of pensions.
































BARBADOS.
A Bill intituled

An Act to provide pensions for persons who
have served as Prime Ministers and the widows
and children of such persons, and to provide for
matters connected with or incidental to such purposes.
BE IT ENACTED by The Queen's Most Ex-
cellent Majesty, by and with the advice and con-
sent of the Senate and House of Assembly of Bar-
bados and by the authority of the same, as follows:-
1. This Act may be cited as the Pensions Short title.
(Prime Minister) Act, 1968.











Interpretation.


Act 1967-8.






Prime Minis-
ter's right to
pension.


2. For the purposes of this Act-
"entitled child" means a person who, being
a .male, has not attained the age of eighteen
years or being a femalee, has neither mar-
ried nor attained the age of eighteen years;

"Minister" means the Minister responsible for
finance;

"Prime Minister's pension" means the pension
payable under this Act to a person who
has ceased to be Prime Minister;

"salary" means the salary provided in the
Ministers and Parliamentary Secretaries
(Remuneration) Act, 1967 exclusive of duty
allowance, entertainment allowance or any
other allowance or emoluments whatever or
any amount provided as a contribution to
office or any other expenses.

3.(1) Every person who having been appointed
Prime Minister on or after 30th November, 1966,
ceases at any time after such appointment to be
Prime Minister shall be paid a pension under this
Act with effect from the date on which he ceases
to be Prime Minister and subject to the provisions
of subsection (2) such pension shall continue to
be paid during the lifetime of that person.

(2) Prime Minister's pension shall, if the
person to whom it is payable is appointed Gov-
ernor-General or is again appointed Prime Minister,
cease to be payable during the period in respect of
which that person holds the office of Governor-
General or again holds the office of Prime Minister.










4.(1) Subject to the provisions of subsections Rate of prime
(2) and (3), the rate of Prime Minister's pension Minister's
payable under this Act to any person shall be two- pension.
thirds of the highest annual rate of salary paid to
such person at any time as Prime Minister.
(2) If the person to whom Prime Minister's
pension is payable is appointed Governor-General,
the pension payable to him when he ceases to be
Governor-General shall be the pension specified
in subsection (1) or, if any pension payable to
him as Governor-General is higher, that pension
shall be payable and he shall be entitled to no
other pension in respect of service in the two
offices.

(3) If a person to whom Prime Minister's
pension is payable is in receipt of a retiring allow-
ance payable to him under the Retiring Allowances
(Legislative Service) Act, 1968, only so much of
the Prime Minister's pension shall be paid to him
as will, when added to his retiring allowance amount
to two-thirds of the highest annual rate of salary
paid to him at any time as Prime Minister.
5.(1) Where a person dies while he is Prime Widow's pension.
Minister or while he is entitled to receive Prime
Minister's pension-
(a) if he leaves-

(i) a widow but no entitled child; or
(ii) a widow and entitled children by
such widow only,
the widow shall, subject to the pro-
visions of subsections (2) and (3),











be paid a pension at an annual rate
of two-thirds of the highest rate of
pension payable to such person under
section 4;

(b) if he leaves a widow and any en-
titled child by a previous marriage
only the widow shall, subject to the
provisions of subsections (2) and
(3), be paid a pension at one-half
the annual rate specified in paragraph
(a) until there is no such entitled
child andl thereafter a pension at the
full rate so specified.

(2) A widow mentioned in subsection (1)
shall not be entitled to receive and shall not be
paid pension under this section-

(a) in respect of any period after her
re-marriage; or

(b) in respect of any period after she
becomes Governor-General or Prime
Minister.

(3) If the Minister is satisfied that the widow
of a former Prime Minister has, while receiving a
pension under this section, deserted or abandoned,
or failed to maintain or assist in maintaining so far
as her means allow, an entitled child -

(a) of her marriage with that former Prime
Minister; and












(b) whom she is bound by law to main-
tain, the Minister may cause to be
paid to such child, until he dies or
ceases to be an entitled child, such
portion of the pension payable to the
widow under this section as he may
think fit, and the widow shall have
no further claim in respect of the por-
tion of pension so paid.

6. Where a person dies while he is Prime Min- Children's
ister or while he is entitled to receive Prime Min- pension.
ister's pension, leaving entitled children, each of
such children (except those referred to in sub-
paragraph (ii) of paragraph (a) of subsection (1)
of section 5, if a pension is being paid under
that section to their mother) shall be paid, until
he dies or ceases to be an entitled child, such
pension at such rate as the Minister shall de-
termine; so, however, that the aggregate rate of
pension payable to such children shall not exceed-

(a) subject to paragraph (b) of this section,
the annual rate specified in paragraph
(a) of subsection (1) of section 5 in
respect of a widow;

(b) if, and so long as, the Prime Minis-
ter's widow is entitled to a pension
under that section, one-half of the
rate so specified.

7. Any pension payable under this Act- Source and
method of pay-
(a) shall be charged on and paid out of meant of pensions.
the Consolidated Fund;












(b) shall be paid monthly in arrears in
equal instalments.

Protection of 8. Any pension payable under this Act shall not-
pensions.
(a) be assignable or transferable except
for the purpose of satisfying a debt due
to the Crown or an order of any court
for the payment of periodical sums of
money towards the maintenance of the
wife, former wife, or child being a minor
of the person to whom the pension is
payable; or

(b) be liable to be attached, sequestered
or levied upon for or in respect of any
debt or claim whatever except a debt to
the Crown or any sum recoverable pur-
suant to such order of any court as is
mentioned in paragraph (a).

Read three times and passed the House of Assem-
bly this day of one
thousand nine hundred and sixty-eight.


Speaker.

Read three times and passed the Senate this
day of one
thousand nine hundred and sixty-eight.


President.








I
I














SECOND SESSION OF 1966-71


BILL

intituled an Act to provide pensions for persons
who have served as Prime Ministers and the
widows and children of such persons, and to
provide for matters connected with or inciden-
tal to such purposes.


Government Printing Office.











OBJECTS AND REASONS
As a member of the Organization of American
States, Barbados is eligible for admission as a mem-
ber of the Inter-American Development Bank. The
Government considers it desirable that Barbados
should be a member of that Bank and accordingly
this Bill seeks to make such legislative provision
as is necessary to enable Barbados to become a
member of the Bank.










Arrangement of Sections
1. Short title.
2. Interpretation.
3. Authorisation for signing and accepting the
Agreement.
4. Financial provisions.
5. Certain provisions of Agreement given force
of law in Barbados.

6. Power of Minister to make orders.


























BARBADOS

A Bill intituled
An Act to provide for the membership of Barbados
in the Inter-American Development Bank.
BE IT ENACTED by the Queen's Most Excellent
Majesty by and with the advice and consent of the
Senate and House of Assembly of Barbados and by
the authority of the same, as follows:-
1. This Act may be cited as the Inter-American Short title.
Development Bank Act, 1968.
2. In this Act:- Interpreta-
tion.
"The Agreement" means the Agreement es-
tablishing the Inter-American Development
Bank the original of which is deposited in
the archives of the Organization of American
States;











"Bank" means the Inter-American Develop-
ment Bank;
"Minister" means the Minister responsible
for finance;
"The Resolution" means the Resolution em-
bodying the terms and conditions governing
the admission of Barbados to membership
of the Bank adopted by the Board of Gov-
ernors of the Inter-American Development
Bank on the 5th December, 1968.
Authorisa. 3. The Minister is hereby authorised to empower
tion for i" by instrument under his hand such person as may be
ing of and
accepting named in the instrument:-
the Agree-
ment. (a) to sign the Agreement on behalf of Bar-
bados; and
(b) to deposit with the General Secretariat
of the Organization of American States
an instrument setting forth that Barbados
has accepted, in accordance with its law,
the Agreement and all the terms and con-
ditions of the Resolution and has taken
the steps necessary to enable it to carry
out all of its obligations under the Agree-
ment and the Resolution.
Financial 4. (1) There shall be paid out of the Consolidated
provisions. Fund all sums necessary for the purpose of making
to the Bank the payments required to be made from
time to time in respect of the subscription of Bar-
bados to the capital stock of the Bank and the con-
tribution of Barbados to the Fund for Special
Operations.
(2) The Minister may issue or cause to be
issued to the Bank non-negotiable, non-interest
bearing notes or similar securities in lieu of any










portion of the subscription to the Bank's authorised
capital or the contribution to the Fund for Special
Operations payable in East Caribbean Currency and
any sums payable in respect of such notes or securi-
ties so issued shall be a charge on the Consolidated
Fund.
5. The provisions of sections 2 to 9 inclusive Certain pro-
of Article II of the Agreement which relate to the visions of
status, ,immunities and privileges to be accorded to gven foce
the Bank shall have the force of law in Barbados. of law in
Barbados.
6. The Minister may by Order make such pro- Power of
visions as may be necessary for carrying into effect Minister to
any of the provisions of the Agreement.

Read three times and passed the House of Assem-
bly this day of
one thousand nine hundred and sixty-eight.



Speaker.
Read three times and passed the Senate this
day of one
thousand nine hundred and sixty-eight.


President.








OBJECTS AND REASONS

This Bill would amend the Companies Act 1910-7
to provide for a maximum fee of $5,000 to be payable
on registration of a company under the Act.








THE COMPANIES (AMENDMENT) ACT, 1969.

Arrangement of Sections

Section

1. Short title.
2. Amendment of First Schedule to Act 1910-7.

































BARBADOS.

A Bill intituled

An Act to amend the Companies Act, 1910.

BE IT ENACTED by the Queen's Most Excellent
Majesty, by and with the advice and consent of the
Senate and House of Assembly of Barbados and by the
authority of the same as follows:-

1. This Actmaybe cited as the Companies (Amend- Shorttitle.
ment) Act, 1969.


2. The First Schedule to the Companies Act, 1910
is hereby amended by inserting immediately after the
third item in Table B thereof under the heading "Table
of Fees to be paid to the Registrar of Companies. 1. -
By a company having a share capital", the following-


Amendment of
First Schedule
to Act 1910-7.







"Provided that no company shall be liable to
pay in respect of nominal share capital, on
registration or afterwards, any greater amount
of fees than $5,000, taking into account in the
case of fees payable on an increase of share
capital after registration the fees paid on
registration".

Read three times and passed the House of Assem-
bly this day of one
thousand nine hundred and sixty-nine.





Speaker.

Read three times and passed the Senate this
day of one
thousand nine hundred and sixty-nine.


President.










HOUSE OF


SECOND SESSION OF 1966-71


A BILL

intituled an Act to amend the Companies Act,
1910.





Notice of this Bill was given on the 17th
December, 1968.


Government Printing Office.


ASSEMBLY









OBJECTS AND REASONS
At present the legislation relating to the valud-
tion of land for purposes of local government rates
and other purposes is to be found mainly in Part
of the Local Government Act, 1958. However it
considered desirable that there should be one co -
prehensive Act dealing with the valuation of lan
not only for purposes of taxation but also for such
other purposes as compulsory acquisition by the Gov-
ernment. This Bill would therefore, make provision
for determining the valuation of land for taxation,
rating and other purposes and for matters connected
therewith and incidental thereto.
Accordingly Part I of the Bill,deals with such
general matters as the interpretation of expressions
used in the Bill, .the administration of the Bill by a
Commissioner of Valuations, a Deputy Commissioner
and other officers, and the establishment and con-
stitution of the Land Valuation Board the function
of which is to hear appeals from decisions of the
Commissioner.
Part II of the Bill deals generally with the valua-
tion of land. More specifically Clause 6 requires the
Commissioner, subject to certain exemptions to make
a valuation of the site and improved value of every
parcel of land in the Island. Clause 7 requires the
Commissioner to fix, .in respect of every valuation of
land, la date as at which all parcels of land in the
Island shall be valued and Clause 8 requires the Min-
ister by order published in the Gazette to fix a date
on or after which the first valuation made by the Com-
missioner shall take effect. New valuations must be
made by the Commissioner of all parcels of land as


Yxs,3zi










near as may be three years after the date fixed by the
Minister for the first valuation to take effect and
thereafter, as near as may be on the third anniversary
of that date.
Part III deals with the giving of notice of valua-
tions, .objections to valuations and appeals against
decisions of the Commissioner on consideration of
objections. Such appeals may be to the Land Valua-
tion Board or direct to the High Court. From decisions
of the Board there is a right of appeal to the High Court
and from the High Court to the Court of Appeal. There
is a further right of appeal, on a point of law only,
from decisions of the Court of Appeal to the Privy
Council.

Part IV of the Bill deals with the purposes for
which valuations under the Bill may be used, requires
the Commissioner to supply copies of the valuation
roll to the Commissioner of Inland Revenue and such
other persons as may be prescribed and to make val-
uations for any Ministry or Department of the Gover-
ment or statutory body when required to do so. The
Commissioner is also empowered to make any valua-
tion of any land when requested to do so by the owner
thereof subject to payment of the prescribed fee.
Part V of the Bill contains miscellaneous provis-
ions dealing with such matters as the supply by the
Commissioner, on payment of the prescribed fee, of
certified copies of or extracts from valuation rolls,
the power of the Commissioner to obtain evidence and
information for the purposes of the Bill, ,the require-
ment to give the Commissioner notice of change of
ownership of land, returns to be furnished to the Com-
missioner, the service of notices, address for service,










substituted service, the power of the Minister to extend
the times for doing certain things, offences, evidence,
the making of regulations and the amendment and re-
peal of certain sections of the Waterworks Act, 1895,
the Local Government Act, 1958 and the Land Dev-
elopment Duty Act, 1962.









THE LAND VALUATION ACT, 1969
Arrangement of Sections

1. Short title.
Part I
General and Administration
2. Interpretation.

3. Commissioner of Valuations and other officers.
4. Power of delegation.

5. Establishment and constitution of Land Valua-
tion Board.

Part II
Valuations
6. Commissioner to make valuations.

7. Date of valuation.

8. Fixing date of first valuation.
9. Effect of valuation.
10. New valuations.
11. Land to be included in one valuation.
12. Separate valuation.
13. Certain returns and information to be furnished.

14. Access to lands and buildings, plans and
documents etc.
15. Preparation of valuation roll.











Part ill

Notice of Valuations, Objections and Appeals

16. Notice of valuation.

17. Objections to valuations.

18. Right of new owner to carry on objection or
appeal.

19. Consideration of objections.

20. Appeal against decision of Commissioner.
21. Right of appeal to High Court.

22. Right of appeal to Court of Appeal.

23. Rightof appeal to Privy Council on point of law.

24. Extension of time limits for appeals.

25. Objection or appeal not to interfere with col-
lection of rates or taxes.

Part IV

Uses of Valuation

26. Purposes for which valuation to be used.

27. Supply of copies of valuation roll by Com-
missioner.

28. Commissioner to make valuations for Govern-
ment Departments etc.








(iii)


Part .V

Miscellaneous

29. Certified copies of, extracts from, valuation
rolls.

30. Power to obtain evidence.

31. Notice of change of ownership.

32. Returns to be furnished to the Commissioner.

33. Service of notices.

34. Address for service.
35. Substituted service.

36. Right to appear.
37. Power of Minister to extend times for doing
certain things etc.

38. Penalties.

39. False returns or statements.

40. Place where the offence is committed.
41. Evidence.

42. Certain returns admissible as evidence in val-
uation proceedings.

43. Regulations.
44. Amendment and repeal of certain enactments.
45. Removal of difficulty.
46. Commencement.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE.




































BARBADOS
A Bill intituled

An Act to make provision for determining the val-
uation of land for taxation, rating and other purposes
and for matters connected therewith or incidental
thereto.

BE IT ENACTED by the Queen's Most Excellent
Majesty, by and with the advice and consent of the
Senate and House of Assembly of Barbados and by the
authority of the same as follows -
1. This Act may be cited as the Land Valuation Short title.
Act 1969.












Part I
General and Administration
Interpretation. 2. For the purposes of this Act -
'"agent" includes every person who in this
Island for or on behalf of any person (here-
inafter called "the principal") has the control
or disposal of any land belonging to the prin-
cipal, or the control, receipt or disposal of
any rents, issues or proceeds derived from
any such land;

"Board" means the Land Valuation Board es-
tablished by section 5;

"Commissioner" means the Commissioner of
Valuations;

"fee simple" in relation to the value of land
means the estate in fee simple in possession
in the land free from any lesser estates or
interests therein or any encumbrances thereon
or any rights or immunities conferred upon a
tenant under the Security of Tenure of Small
Act 1955-39 Holdings Act, 1955 or under the Tenantries
Act 1965-34 (Control and Development) Act, 1965 and
free also from any restrictive covenants and
conditions other than restrictive covenants
and conditions created by a Crown grant or
by law;
"improved land" means land on which improve-
ments as defined in this Act have been ef-
fected;

"improved value" means in relation to land
the capital sum which the fee simple of the











land might be expected to realise if offered
for sale on such reasonable terms and con-
ditions as a bona fide seller would require;

"improvements" in relation to land means those
physical additions and alterations thereto and
all works for the benefit of the land made or
done on the land by the owner or any of his
predecessors in title which, at the date on
which the improved value or site value is
required to be ascertained, have the effect
of increasing its value; but
(a) the destruction or removal of timber or
vegetable growth;
(b) the reclamation of land by draining or
filling together with any retaining walls
or other works appurtenant thereto;
(c) the excavation, grading or levelling of
land, shall not, be deemed to be improve-
monts.
"land" includes all tenements and heredita-
ments and also all messuages, houses, build-
ings, or other construction, whether the pro-
perty of the Crown, or of any corporation,
or of any private individual, and all trees
growing or standing thereon but does not in-
clude growing crops:
Provided that -

(a) the value of trees, other than fruit trees,
that have been planted for any purpose;
or
(b) the value of trees that have been pre-
served as shelter or for ornamental
purposes,












shall not be included in any valuation roll prepared
under section 15;

officer" means the Commissioner, the Deputy
Commissioner and any other officer for whom
provision is made in section 3;

"owner" means the person who, whether
jointly or severally is seised or possessed
of or entitled to any estate or interest in land
and includes any person who, whether sev-
erally or jointly, claims that there is vested
in him, ,and any person in whom the Com-
missioner believes there is vested, in pos-
session, remainder or reversion, any estate
or interest at law or in equity in the parcel
of land;

"parcel of land" means land which is separ--
ately held by an owner or land which the Com-
missioner directs should be valued as a
separate parcel of land;

"person in possession of land" includes the
attorney, overseer or manager or other person
having the management of or the collection
or the receipts of the rents, issues or profits
of any land as well as the owner, occupier or
person actually in possession of such land;

"return" includes all returns, notices, declara-
tions, statements and information prescribed
or required by the Commissioner to be furnished

"sub-divided" and "sub-divide" mean and refer
to dividing lands into parts whether the divi-
ding is -












(a) by sale, ,conveyance, ,transfer or partition;
or

(b) by any agreement, dealing or instrument
inter vivos (other than a lease or any
term not exceeding five years without
right of renewal), -rendering different parts
thereof immediately'available for separate
disposition or separate occupation;
"site value" means -
(a) in relation to unimproved land, the capital
sum which the fee simple of the land might
be expected to realise if offered for sale
on such reasonable terms and conditions
as a bona fide seller would require;

(b) in relation to improved land, the capital
sum which the fee simple of the land might
be expected to realise if offered for sale on
such reasonable terms and conditions as a
bona fide seller would require, assuming
that at the time at which the value is re-
quired to be ascertained for the purposes of
this Act the improvements as defined in
this Act do not exist:
Provided that the site value shall in no
case be less than the sum that will be ob-
tained by deducting the value of the improve-
ments from the improved at the time at which
the value is required to be ascertained for the
purpose of the Act;
"unimproved land" means land on which no im-
provements as defined in this Act have been:
effected;





























Commissioner of
Valuations and
other officers.


Act 1949-5


Power of dele-
gation.


"value of improvement" in relation to land
means the added value which the improvements
give to the land at the time at which the value
is required to be ascertained for the purpose
of this Act irrespective of the cost of the
improvements:
Provided that the added value shall in no
case exceed the amount that should reason-
ably be involved in effecting at the time as at
which the value is required to be ascertained
for the purposes of this Act, improvements of
a nature and efficiency equivalent to the
existing improvements.

3. (1) For the purposes of this Act there shall be -
(a) a Commissioner of Valuations who shall
have, subject to the Minister, the general
administration of this Act;

(b) a Deputy Commissioner of Valuations; and

(c) such valuers and other officers as may
from time to time be provided for by
order under section 3 of the Civil Es-
tablishment Act, 1949.

(2) The Commissioner, Deputy Commissioner,
valuers and other officers shall be public officers.

4. (1) For the purpose of carrying out the objects
and purposes of this Act, ,and his functions thereunder,
the Commissioner is hereby authorised to delegate to
the Deputy Commissioner, -or to any other officer, any
of his powers, duties and responsibilities under this
Act, except the power of delegation.












(2) A delegation may be made in respect of any
particular matter or of any class of matters or gen-
erally, or may be limited to any part of the Island and
may be subject to or on such terms and conditions as
the Commissioner thinks fit.

(3) Every delegation under this section shall be
revocable at the will of the Commissioner but no dele-
gation shall prevent the exercise of any power, duty,
function or authority by the Commissioner himself.

5. (1) There is hereby established a Board to be
known as the Land Valuation Board whose function
shall be to hear, in accordance with the provisions
of Part III, appeals from decisions of the Commissioner.

(2) The provisions of the First Schedule shall
have effect as to the constitution and procedure of
the Land Valuation Board and otherwise in relation
thereto.


Part II

Valuations


6.(1) Except as provided in subsection (2) the
Commissioner shall make a valuation of the site and
improved value of every parcel of land in the Island.

(2) Subject to subsection (3) the Minister may,
by order, direct that it shall not be necessary to deter-
mine -

(a) the site value or improved value of such
land belonging to or occupied by the
Crown as may be prescribed in the order;


Establishment
and constitution
of Land Valua-
tion Board.


First Schedule.


Commissioner
to make valua-
tion.










(b) the site value of such land of estimated
low site value as may be prescribed in
the order; and
(c) the improved value of such lands as are
prescribed in the order (except so far
as it may be necessary in order to deter-
mine the site value of such lands).

(3) Every order made under this section shall
be subject to affirmative resolution.

(4) An order made under paragraph (a) or para-
graph (c) of subsection (2) may be limited to an area
of the Island but an order made under paragraph (b)
of subsection (2) shall not be so limited and shall
apply to the whole Island.
(5) Where an order under paragraph (a) or para-
graph (c) of subsection (2) is limited to an area of the
Island it shall define in writing the extent and
boundaries of that area.
(6) Any order under this section may be given
retrospective effect to a date not earlier than the
date on which this Act comes into operation.

Date of value. 7. (1) Subject to the provisions of this section, the
tion. Commissioner shall in respect of every valuation of
land, fix a date as at which all parcels of land in the
Island shall be valued.

(2) If the Commissioner considers it necessary
or expedient so to do he may alter from time to time
any dates fixed by him under subsection (1), but any
date, as originally fixed or subsequently altered by
the Commissioner under this section shall be earlier











than the date on which the valuation in question comes
into force.

8. (1) Subject to subsection (2) the Minister shall,
by order fix a date on and after which the first valua-
tion made by the Commissioner of all parcels of land
in the Island shall, subject to objection or appeal under
this Act, be the valuation of all parcels of land re-
quired by this Act to be valued by the Commissioner.

(2) The Commissioner may alter the valuation of
any parcel of land in accordance with subsection (3)
and (4) of section 10.

9. As from the date fixed under section 8 as the
date on which the first valuation under this Act of all
parcels of land in the Island shall come into force,
every valuation made under Part II of the Local Gov-
ernment Act, 1958 shall cease to have effect and the
provisions of that Part of that Act relating to valua-
tion of land shall cease to apply to every parcel of
land included in such valuation.
10. (1) As near as may be three years after the date
fixed by the Minister under section 8 for any first val-
uation, ,and as near as may be on every third anniver-
sary of that date thereafter, a fresh valuation shall be
made of all parcels of land in the Island.

(2) Such fresh valuation shall come into opera-
tion on a date fixed by the Minister by order published
in the Official Gazette and as from that date the pre-
vious valuation shall cease to be in force.

(3) No alteration shall be made in the valuation
of any parcel of land during any period of three years
referred to in subsection (1) -


Fixing date of
first valuation.


Effect of valua
tion.


Act 1958-55.




New valuations.












(a) unless the land is sub-divided during
that period; or

(b) unless where two or more parcels of
unoccupied land adjoining each other
are valued as one portion of land and
one or more parcels of such land is or
are sold or occupied during the period; or

(c) unless a public work, service, or under-
gtaking is provided during the period on
account of which the Commissioner is
of opinion that the value of the land
has altered; or
(d) unless by reason of flood, hurricane, ,or
some other adverse natural cause over
which the owner had no control, the land
has been permanently damaged and the
Commissioner is of opinion thatthe value
of the land has been altered; or

(e) unless the site value of that parcel of
land is altered by the acquisition or
loss, during that period, of a licence
or other right or privilege the value of
which is deemed to form part of the site
value of that land; or

(f) unless, being land exclusively used
for residertal purposes when valued,
that land comes under use for indus-
trial or other purposes whereby the
value thereof is, in the opinion of the
Commissioner, altered; or












(g) unless, in the opinion of the Commis-
missioner, any improvements have been
added to or removed from the land; or

(h) unless, in the opinion of the Comims-
sioner, circumstances affecting the val-
uation of the land are such as to render
an alteration necessary or desirable for
preserving or attaining uniformity in
values between that valuation and sub-
sisting valuations of other comparable
parcels of lands.

(4) Nothing in this section shall prevent or
be deemed to prevent the Commissioner from valuing
any land which becomes taxable or rateable or from
deducting from the value of any parcel that portion of
the value which may be applicable to any part of
that parcelwhichhas ceased to be taxable or rateable.
11. Unless the Commissioner otherwise directs, Land to be in-
there shall be included in one valuation several par- olud, one
cels of land which adjoin and which are owned by the
same person and where either no part is let or all of
the holdings are let to one person.

12. Unless the Commissioner otherwise directs separate val-
uation.
(a) several parcels of land which adjoin
and which are owned by the same per-
son shall be valued separately if build-
ings are erected thereon which are
obviously adapted to separate occupa-
tion and which could respectively be
held under separate ownerships;
(b) several parcels of land which are owned
by the same person but are separately





















Certain returns
and Information
to be furnished.,


Acoess to lands
and buildings,
plans and docu-
ments, eto>


let to different persons shall be separa-
tely valued;

(c) if a parcel of land is severed by a public
road or by a stream or river, and in fact
occupied and used as one property it
shall, notwithstanding the severance,
be valued as one parcel.

13.(1) The Registrar of the Supreme Court and
every other officer employed in or in connection with
any department of Government other than the Depart-
ment of Inland Revenue shall, .at the prescribed time
and in the prescribed form, -furnish to the Commissioner
such information in their respective offices as may be
required by the Commissioner.

(2) Notwithstanding anything contained in the
Local Government Act, 1958, the Interim Commissioner
for Local Government and every officer in his service
shall, at the prescribed time and in the prescribed
form, ,furnish to the Commissioner such information in
relation to valuation returns, rate books or other docu-
ments as may be required by the Commissioner.

14. (1) Subject to subsection (2) the Commissioner,
or any officer or other person authorised by the Com-
.missioner in writing for that purpose, may for the pur-
pose of ascertaining the value of any land enter, at
all reasonable hours during the day, ,in or upon any
land without being liable to any legal proceedings
or molestation whatever on account of such entry.

(2) Neither the Commissioner nor any officer
or other person authorised by him under subsection
(1) shall enter into any dwelling house in actual











occupation except with the consent of the occupier
thereof, without previously giving forty eight hours
notice in writing to the occupier.

(3) Every person in possession of land, after
being served with a notice in writing signed by the
Commissioner or by an officer authorised by the Com-
missioner, shall -

(a) show to the Commissioner or officer
authorised as aforesaid all maps, .plans,
diagrams, documents of title and docu-
ments containing information as to the
rents, issues and profits of such land
in his custody or control; and

(b) permit the Commissioner or officer au-
thorised as aforesaid to make tracings
or copies of such maps, plans, diagrams
or documents; and

(c) on the date appointed in the notice
being not less than seven days after
the service thereof, meet the Commis-
sioner or the officer or other person
authorised as aforesaid on such land
and answer all such questions as may
be put to him concerning such land and
point out the boundaries of such land.

(4) Any person who fails to comply with any of
the provisions of subsection (3) is guilty of an offence
and is liable on summary conviction thereof to a fine
not exceeding one hundred dollars or to imprisonment
for a term not exceeding one month or to both such
fine and imprisonment.











Preparation of 15. (1) A valuation roll shall, .as soon as practi-
valuation ro. cable, be prepared for the Island and shall be in such
form as may be prescribed and in it shall be set forth
(so far as is practicable) in respect of each valuation
the following particulars -
(a) the name and postal address of the
owner;

(b) the situation, description and measure-
ment or area of the land;

(c) the site value of the land;
(d) the improved value of the land;
(e) such other particulars as may be pre-
scribed.

(2) The valuation roll may be amended if the
Commissioner considers it necessary to correct any
error or omission or to record any new valuation.
Part. IIl

Notice of Valuations, Objections
and Appeals.

Notice of val- 16. (1) Notice of valuation shall be given to the
nation. person in possession of land in the prescribed form
and the notice shall also state that the owner of the
land may lodge an objection to the valuation.

(2) Notice of valuation may be given at any
time after the making of the valuation but not, in the
case of a first valuation under this Act, before the
Minister has, pursuant to section 8, -fixed, in relation
to the land to which that valuation relates, the date
mentioned in that section.












17. (1) Any person who is dissatisfied with a val-
uation made under this Act may, .within 30 days after
service of the notice of valuation, post to or lodge
with the Commissioner an objection in writing against
the valuation stating the grounds upon which he relies
and the reasons therefore.

(2) An objection against a valuation made under
this Act shall be limited to one or more of the following
grounds -

(a) that the values assessed are too high
or too low;

(b) that lands which should be included in
one valuation have been valued sep-
arately;
(c) that lands which should be valued sep-
arately have been included in one
valuation;

(d) that the person named in the notice is
not the owner of the land.

18. (1) Where a change in ownership of land occurs
after the giving of a notice of valuation in respect of
that land, the new owner of the land may, ,subject to
this section and to section 17 lodge an objection
against the valuation and, if he is dissatisfied with
the decision of the Commissioner upon that objection,
appeal against that decision.

(2) If an objection or appeal was made or in-
stituted by a former owner of land before the change
in ownership then the new owner of the land is entitled
to carry on in his own name that objection or appeal
but he is not entitled in that case to make or institute


Objections
to valua-
tions.


Right of new
owner to car-
ry on objec-
tion or appeal.











a fresh objection or, as the case may be, appeal but
may add to or vary the grounds of objection or appeal.

(3) A new owner of land is not entitled to be
given a fresh notice of valuation but shall be deemed
to have received the notice of valuation given to the
person in possession of the land and to have received
it when it was so given.
Consider. 19. (1) The Commissioner shall with all reasonable
tionofob- despatch consider every objection made under this
sections. Part and may disallow' it or allow it either wholly or
in part.

(2) Written notice of the Commissioner's de-
cision shall be served on the objector.

Appeal 20.(1) Any person who is dissatisfied with the
against de- decision of the Commissioner upon an objection may,
cision of
Commissioner, within 30 days of the service of notice of that decision,
in writing, request the Commissioner to refer the de-
cision to the Land Valuation Board for review of the
valuation and thereupon shall deposit with the Com-
missioner as a security for the due prosecution of the
appeal such sum as may be prescribed for the parti-
cular class of case; and if he appears in person or
by solicitor or counsel before the Board in support
of his appeal he is entitled to return of the said sum
whatever the outcome of the appeal.

(2) An appeal shall be limited to the grounds
stated in the objection; but the Board may in its dis-
cretion permit any ground of appeal to be amended.

(3) Where the Commissioner has been requested
to refer a decision to the Board he shall refer the de-
cision accordingly with all reasonable despatch.












(4) Upon an appeal under this section the
Board may confirm or reduce or increase the valuation
appealed against and may make such order as it thinks
fit with respect to the payment of costs.
(5) Written notice of the Board's decision to-
gether with a written statement of the reasons therefore
shall be served on the appellant and on the Commis-
sioner.

(6) No Judge or Magistrate or member of the
Board shall solely on account of land owned by him
being subject to valuation by the Commissioner, be
deemed to be interested in or debarred from dealing
with any matter upon which he may be called upon
to adjudicate under this Act.

21, (1) Any person (hereinafter in this Part re- Right of
ferred to as the objector) aeal to
High Court.

(a) who, pursuant to section 17, has objected
to a valuation made under this Act and
is dissatisfied with thedecision of the
Commissioner upon any such objection;
or
(b) who, pursuant to section 20, has re-
quested the Commissioner to refer a
decision to the Board for review and
is dissatisfied in any respect with the
decision of the Board,
may appeal from the decision of the Commissioner or
the decision of the Board, as the case may be, to the
High Court within 30 days after the date on which no-
tice of the decision of the Commissioner or the de-
cision of the Board, as the case may be, was served
on him.











(2) The Commissioner may appeal to the High
Court from a decision of the Board within 30 days
after the date on which notice of the decision of the
Board was served on him.

(3) An appeal to the High Court shall be in-
stituted by summons to be designated a "Land Val-
uation Summons" entitled in the matter of the Land
Valuation Act, 1969 and in the matter of the valuation
of the land the valuation of which is in dispute.

(4) Every Land Valuation Summons shall con-
tain particulars, shortly stated, of -
(a) the land which is the subject of the
valuation in dispute;
(b) the decision or part of the decision
Which is the subject of the appeal; and

(c) the objector and, if the objector is not
the owner of the land, the owner

(5) Every Land Valuation Summons shall be
returnable within 14 .days or such other period as may
be prescribed by rules of court for the purposes of this
Act, or as the High Court may allow and shall be ser-
ved on -

(a) the Commissioner or the objector, as
the case may be, or, on such other per-
son as ,the High Court may direct; and
(b) on the Secretary to the Board in the
case of. an appeal against a decision
of the Board.
(6) Where a Land Valuation Summons is served
on theSecretary to the Board pursuant to subsection (5)











the Secretary shall within 30 days of the date of ser-
vice of such summons forward to the Registrar of the
Supreme Court a record of the proceedings before the
Board including a statement of the reasons for the
Board's decision.

(7) Subject to the provisions of this Act, the
rules of the Supreme Court applicable in respect of
proceedings by way of originating summons shall ap-
ply with such modifications as are necessary in re-
spect of proceedings on a Land Valuation Summons.

(8) The proceedings on a Land Valuation Sum-
mons and in all matters and things incidental and
ancillary thereto shall be had and taken in the same
manner, and the powers of the Judge and the Registrar
shall be the same as in a trial in an action in the
High Court.

(9) Notwithstanding subsection (8), in any
procadigs on Land Valuation Summons -

(a) the hearing shall be in open Court un-
less the Judge otherwise directs;
(b) the onus of proof shall be on the objector.

22. Either the Commissioner or the objector or the Right of
appeal to
owner of the land the valuation of which was in issue court of
on a Land Valuation Summons may appeal to the Court Appeal.
of Appeal from the decision of the High Court and
every such appeal shall be made within the time and
in the manner laid down by any enactment or rules
of court for the purposes of appeals from the High
Court to the Court of Appeal and shall be subject in
all respects to the law relating to such appeals.











Rightofap- 23. An appeal on a point of law only shall lie
peaitoni nv as of right to Her Majesty in Council from any de-
Council on
point of law. cision of the Court of Appeal under section 22.

Extension of 24. If, on application made thereto, the Board,
for appeals or the High Court, or the Court of Appeal, as the
case may be, is satisfied that there is adequate
reason why the time limits in respect of any appeal
thereto could not be complied with, *the Board, or the
the High Court, 'or the Court of Appeal, ,as the case
may be, may extend those time limits for a fixed
period, although the application for such extension is
not made until after the expiration of the relevant
time limit.

objection or 25. The fact that an objection has been made
appeal not or that an appeal is pending shall not in the mean-
to interfere
with collec- time interfere with or affect the making, levying or
tion ofrates recovery of any rates or taxes under any enactment
imposing rates or taxes on land or the making, le ng
or recovery of any other statutopyte,- cliarge or assess-
ment based on the site value or improved value of
land. If the valuation is altered, due adjustment shall
be made and for this purpose amounts paid in excess
shall be refunded and amounts short paid shall be re-
coverable as arrears.











Part IV

Uses of Valuation

26. Where in any enactment whether enacted or
made before, on or after the commencement of this
Act, reference is made to the site value or improved
value of land and there is a subsisting valuation made
under this Act of the land in question, the site or
improved value of the land for the purposes of such
other enactment shall, unless that other enactment
otherwise provides, .be the site or improved value in
that valuation.
27. (1) The Commissioner shall, as soon as is
reasonably practicable after the completion of the val-
uation roll prepared pursuant to section 15, furnish a
copy of that roll to -

(a) the Commissioner of Inland Revenue; and

(b) such other persons as may be prescribed.

(2) Where any amendment of a valuation roll is
made a supplementary roll showing.. the amendment
shall be furnished to the persons specified in subsec-
tion (1).

(3) Fees in respect of valuation rolls supplied
pursuant to this section shall be payable by such per-
sons and in such amount as may be prescribed.

(4) All copies of the valuation roll shall be
certified by the Commissioner in the prescribed form.

28. (1) The Commissioner may make, .and shall, as
and when required by any Ministry or Department of the
Government or by any statutory board, make any valua-
tion of any land for such Ministry, Department or statu-
tory board.


purposes for
which valuation
to be used.









Supply of copies
of valuation
roll by Commis-
sioner.


Commissioner
to make valua-
tions for Gov-
ernment Depart-
ments, etc.







22


(2) The Commissioner may also make any valua-
tion of any land as and when requested to do so by
the owners. thereof.

(3) A valuation made pursuant to this section
shall be made on such basis as is appropriate to the
purpose for which it is required.

(4) The fees payable for making any valuation
under this section shall be as prescribed.
(5) The Commissioner shall issue a certificate
of valuation in respect of any valuation made under
this section.











Part V.

Miscellaneous


29. On application in writing and on payment of
the prescribed fee the Commissioner shall supply to
any person in such form as the Commissioner may de-
termine a certified copy of, .or a certified extract from
the particulars in respect of any valuation entered on
the valuation roll. Such certified copy or certified ex-
tracts shall for all purposes and in all proceedings be
evidence of the matters and things stated therein and
that any valuation mentioned therein has been duly
made in accordance with the provisions of this Act.

30. (1) The Commissioner may, -in order to obtain
information required for the purposes of this Act, by
notice in writing, require any person, whether the per-
son is in possession of land or not, to attend and give
evidence before him or before any officer authorised
by him in that behalf, concerning any land, and to
produce all books, ,documents, and other papers what-
soever in his custody, or under his control relating
thereto.

(2) The Commissioner may require the evidence
to be given on oath, and either verbally or in writing,
and for such purpose he or the officer so authorised
by him may administer an oath.

(3) Any person attending in accordance with
subsection (1) before the Commissioner or an officer
authorised by him is entitled to have his expenses
paid from moneys provided for the purpose by Parlia-
ment by such person and in such manner as may be
prescribed.


Certified copies
of extracts from
valuation rolls.











Power to obtain
evidence.











Notice of change
of ownership.


Returns to be
furnished to
the Commisioner.


31. (1) Subject to subsection (2) every person who
comes into or passes out of the possession of any
parcel of land or any part of any parcel of land whether
by sub-division or otherwise shall within 3 months of
such change of possession notify the Commissioner
and furnish to him such particulars in relation to the
transaction as may be prescribed.

(2) It shall not be necessary to notify a change
of possession unless that change relates to a right to
exclusive possession that has enured or may in law
enure for a period of at least 3 years.

32. (1) Every person or class of persons on being
required to do so by notice published in the Official
Gazette and inlone newspaper in the Island, or in such
other manner, if any, as the Commissioner may think.
fit, ,shall, on or before such date in every year as may
be specified by the Commissioner in any such notice
as aforesaid, furnish to the Commissioner a return in
the prescribed form setting out in relation to every
parcel of land held by him such particulars as the
Commissioner may require,

(2) Notwithstanding subsection (1) every per-
son in possession of land shall, if required by the
Commissioner, furnish to him, in the manner and with-
in the time required by him, ,a return or an additional
return setting out in relation to every holding of land
such particulars as the Commissioner may require.

(3) If a person required by the Commissioner
to furnish a return under subsection (2) is not a person
in possession of land, he shall, nevertheless, in the
manner and within the time the Commissioner has so











required him to make the return, furnish a return
stating that fact and should such person fail so to
do he shall be deemed to have failed to comply with
the requirement of the Commissioner under subsection
(2).
(4) Every person, whether a person in possess-
ion of land or not, if required by the Commissioner,
shall in the manner and within the time required by
him, .furnish any return or any information required by
the Commissioner for the purpose of this Act.
(5) The Commissioner may require the returns
referred to in this section to be furnished to any of-
ficer duly authorised by him in that behalf, either by
delivering the same to the said officer personally,
or by forwarding the same to the said officer by regis-
tered post.

(6) Every person shall give, upon every return
furnished by him, his correct postal address for service of
notices and shall, -within one month after any change
in such address, give notice in writing to the Com-
missioner of the new address.
(7) All returns, notices and information required
under this Act shall (except where otherwise specified
in or authorised by or under this Act) be delivered at
the office of the Commissioner on or before such days
as may be notified or prescribed.

33. (1) Without prejudice to section 25(2) of the service o
Interpretation Act, 1966, any notice or other communi- Notice.
Act 1966--10.
cation by or on behalf of the Commissioner may be
served upon any person-











(a) by causing it to be personally served
on him; or

(b) by leaving it at his address for service;
or

(c) by sending it in a prepaid registered
letter addressed to him at his address
for service,

and, ,in the case of paragraph (c) of this section, ser-
vice thereof shall be deemed to have been effected at
the time when it would have been received in the or-
dinary course of the post.

(2) Any letter or communication which, -under
Act 1911-8. section 16(1)(a) of the Post Office Act, .1911, Jis ex-
empt from the payment of inland postage, shall be
deemed to have been prepaid for the purposes of this
section and of section 35.

Address for 34. The address for service last given to the Com-
service.
Smissioner, shall for all purposes under this Act, be
the address for service, .but, -where no address for ser-
vice has been given to the Commissioner or where
the departmental records disclose that such person
has subsequently changed his address, and he has
not notified the Commissioner either in a return or by
separate written advice of such change then the address
of the person as described in any record in the cus-
tody of the Commissioner shall be the address for
service.
Substituted 35. If any owner of land or other person to re-
service.
ceive any notice or other document under this Act-












(a) is absent from the Island, and the re-
cords in the possession of the Com-
missioner disclose that such owner or
other person has no attorney or agent
in the Island to whom the notice or
other document may be given; or

(b) cannot after reasonable enquiry be
found,

any such notice or other document may be given or
served on him by sending the same or a copy thereof
in a prepaid registered letter addressed to him at his
address for service under this Act, or by placing the
same on a conspicuous part of the land to which the
same relates, or by publishing a copy of a true ab-
stract of the same in the Official Gazette.

36. The Commissioner may appear either person-
ally or by counsel or solicitor or by a valuer, or by
some other public officer in any court or in any pro-
ceedings, and the statement of any such counsel, soli-
citor, valuerr or officer that he so appears by authority
of the Commissioner shall be accepted as sufficient
evidence of such authority.

37. (1) If any act, matter or thing (other than an
appeal to the Land Valuation Board or to the High
Court or to the Court of Appeal) prescribed to be made
or done at or within a fixed time under this Act can-
not be made or done, or is not so made or done the
Minister may, by order, from time to time appoint a
further or other time for making or doing the same,
whether the time or any such further or other time with-
in which the same ought to have been done has not
elapsed or expired.


Right to appear.








power of Minister
to extend times
for doing cer-
tain things etc.











(2) Any act, matter or thing made or done within
the time or other time appointed by such order shall be
as valid as if it had been made or done within the time
prescribed.
penalties. 38. Any person who

(a) in any way obstructs or hinders the Com-
missioner, .or any other officer in the
exercise of his functions under this Act,
or refuses to answer any relevant ques-
tion when duly required to do so; or

(b) fails to furnish any returns, notice or
information or comply with any require-
ment of the Commissioner as and when
required by this Act or by the Commis-
sioner; or

(c) refuses or neglects duly to attend and
give evidence when required by the
Board or the Commissioner or any officer
duly authorised by him in that behalf,
or fails, ,refuses or neglects truly and
fully to answer any questions put to him,
or to-produce any book, document or
other paper required of him by the Com-
missioner or any such officer, unless
just cause or excuse for the refusal or
neglect is shown by him,
is guilty of an offence and, on summary conviction
thereof, -is liable to a fine not exceeding two hundred
and fifty dollars or to imprisonment for a term not ex-
ceeding three months or to both such fine and imprison-
ment.












39. Any person who- Faste returns
or statements.
(a) makes or delivers a return or notice
which to his knowledge is false in any
particular; or

(b) makes an answer, whether orally or in
writing, which to his knowledge is
false in any particular,to any question
put to him by the Commissioner or any
officer duly authorised by the Com-
missioner;

is guilty of an offence and, .on summary conviction
thereof, .is liable to a fine not exceeding five hundred
dollars or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment.
40. (1) Any of the following offences offences.
(a) failure to furnish any return or informa-
tion;
(b) making or delivering a return which, to
the knowledge of the person making or
delivering the return, is false in any
particular or making an answer which,
to the knowledge of the person making
it, is a false answer;
(c) failure to comply with any requirement
shall be deemed to have been committed -
(i) at the place where the return or in-
formation was furnished or should
in accordance with this Act or a re-
quirement of the Commissioner or an
officer authorised by him, have been











furnished, or where the answer was
made, or where the requirement should
have been complied with; or
(ii) at the usual or last known place
of residence of the defendant,

and may be charged as having been committed at either
of those places.

(2) Notwithstanding the provisions of any other
enactmentan information in respect of an offence under
this Act may be laid on or before a day three years
after the offence was committed or within one year
from the day on which evidence, sufficient in the opin-
ion of the Commissioner to justify a prosecution for
the offence, came to his knowledge, whichever is later,
and the Commissioner's certificate as to the day on
which such evidence came to his knowledge is con-
clusive evidence thereof.
Evidence. 41.(1) Any valuation roll and all entries made
therein or a copy of or entry from any such roll or
entries certified by the Commissioner to be a true
copy thereof shall be received as prima facie evidence
of the facts therein mentioned in any proceedings under
this or any other Act.

(2) Any certificate, notice or other document
bearing the written stamp or printed signature or the
stamped or printed name of the Commissioner shall,
until the contrary is proved, be deemed to have been
duly signed by the C6mmissioner.

(3) Judicial notice shall be taken of every such
signature orname and of the fact that the person whose
signature or name it purports to be holds or has held
the office of Commissioner.











(4) The production of a copy of the Official
Gazette or of any Supplement thereto containing any
notice purporting to be published by the Commissioner
in pursuance of this Act or any notice of the appoint-
ment of the Commissioner or any officer or person
under this Act shall be conclusive evidence of such
notice, publication or appointment.

42. (1) Subject to the provisions of this section,
any return to which this section applies shall in any
valuation proceedings be admissible as evidence of
the facts stated in the return; and any document pur-
porting to be a return to which this section applies,
shall, in any valuation proceedings, be presumed, un-
less the contrary is shown-

(a) to be such a return;

(b) to have been made by the person by
whom it purports to have been made;
and

(c) if it purports to have been made by that
person as occupier or owner of a parcel
of land, ,or in any other capacity speci-
fied in the document, to have been
made by him as such occupier or owner
or in that other capacity, as the case
may be.

(2) Returns to which this section applies shall
not be used by or on behalf of the Commissioner as
evidence in any valuation proceedings unless -

(a) not less than 7 days before the com-
mencement of the proceedings the Com-
missioner by notice in writing informs


Certain returns
admissible as
evidence in
valuation pro-
ceedings.










the person who is party to the proceed-
ings of the returns to be so used and the
parcels of land to which they relate; and

(b) the Commissioner has permitted any
such person, who has given not less
than 24 hours notice of his desire to do
so, to inspect at any reasonable time,
and to take extracts from, any of the re-
turns specified in the notice under
paragraph (a).

(3) This section applies to all returns as de-
fined in section 2.

(4) For the purposes of this section, ,"valuation
proceedings" means any proceedings on or in conse-
quence of a reference to the Land Valuation Board or
any proceedings on or in consequence of an appeal to
the High Court or to the Court of Appeal.
.Regulations. 43. The Minister may make regulations with re-
spect to -

(a) any matters required by this Act to be
prescribed; and
(b) the powers and duties of persons em-
ployed for the purposes of this Act;

(c) the conduct of proceedings before the
Board; and
(d) any other matter or thing, whether sim-
ilar to the above or not, in respect of
which it may be expedient to make regu-
lations for the purpose of carrying this
Act into effect.











44. (1) The enactments specified in the first column
of the Second Schedule shall, from and after such day
or days as the Governor-General may by order appoint,
have effect, -subject to the amendments set out in re-
lation thereto in the second column of that Schedule
and subject to such other modifications and adapta-
tions, if any, ,as may be specified in the said order.

(2) The enactments specified in the first column
of the Third Schedule shall, with effect from such day
or days as the Governor-General may by order appoint,
be repealed to the extent specified in the second column
of that Schedule.

(3) In an order under subsection (1) or subsec-
tion (2) different days may be appointed for different
enactments and for different provisions in such enact-
ments.

45.(1) Subject to subsection (2) if any difficulty
arises in bringing into operation the provisions of this
Act or in giving effect to the purpose thereof the Min-
ister may by order make suchprovision as seems to him
necessary or expedient for the purpose of removing the
difficulty and may by such order amend or add to any
provision of this Act.

(2) Every order under this section shall be sub-
ject to affirmative resolution.

(3) An order under this section shall not be
made later than one year after the date on which this
Act comes into operation.

(4) Any order under this section may be amend-
ed, added to or revoked by a further order, and may
be given retrospective effect to a date not earlier
than the date on which this Act comes into operation.


Amendment and
repeal of cer-
tain enactments.
Second Schedule.







Third Schedule.


Removal of
difficulties.











Commencement.


46. This. Act shall come into operation on such
day as the Governor-General may appoint by proclama-
tion.

Read three times and passed the House of Assem-
bly this day of one
thousand nine hundred and sixty-nine.


Speaker.

Read three times and passed the Senate this
day of one
thousand nine hundred and sixty-nine.


President.













FIRST SCHEDULE

Section 5(2)

CONSTITUTION AND PROCEDURE OF LAND

VALUATION BOARD

1. The Land Valuation Board shall consist of not less than three and
not more than five members who shall be appointed by the Minister by instru-
ment in writing.

2. The Minister shall appoint as chairman of the Board a member of the
Board who is a barrister or solicitor of not less than 5 years' standing.

3. Every member of the Board shall hold office for a term of 3 years un-
less he dies, resigns or is removed from office by the Minister for cause be-
fore the end of that term, but -

(a) a member who is appointed to fill a vacancy created by the death,
resignation or removal from office for cause of a former member
shall hold office only for the unexpired portion of the term of that
former member; and

(b) every member is eligible for re-appointment for a further term.

4. The Minister may grant leave of absence to a member of the Board
and may appoint a person to act in the place of that member.

5. Any member of the Board may at any time resign his office by instru-
ment in writing addressed to the Minister and in the case of a member other
than the chairman, transmitted through the chairman. From the date of the re-
ceipt of such instrument by the Minister, such member shall cease to be a
member of the Board.

6. The members of the Board shall be paid such remuneration and other
allowances (if any) as is fixed by the Minister.

7. The Minister shall from time to time assign a public officer to per-
form the functions of secretary to the Board.












FIRST SCHEDULE Continued

8.(1) Before entering upon the duties of their office the members of,
and the secretary to, the Board shall take and subscribe an oath in the form
set out in paragraph (2) Such oath shall be administered, in the case of the
chairman of the Board, by a Justice of the Peace, and in the case of any
other member or the secretary, by the chairman or a Justice of thePeace.

(2) The form of the oath shall be as follows -

"I ................................................................................. having
been appointed/assigned as Chairman of the Land Valuation Board
Member/Secretary to
do solemnly and sincerely declare and affirm that I will freely andwithout
fear or favour, affection or ill-will perform my duties as Chairman/Member/
Secretary of/to the Board.

Sworn before me this day of 196
Declared




Justice of the Peace/Chairman of
Land Valuation Board.

9. Any three members of the Board may hear and determine an appeal.
In no case shall the number be four or less than three.

10. Only a member of the Board who is present throughoutthe hearing
of an appeal is entitled to take part in the decision on that appeal. A mem-
ber may write or otherwise announce his decision,or all of the members so
present may appoint one of their number to write or otherwise announce their
joint decision.

11. A decision of the Board shall be the decision of the majority of
the members of the Board entitled to take part in that decision.

12. The validity of any proceedings of the Board shall not be affected
by reason only of their being a vacancy in the membership thereof or of any
defect in the appointment of a member thereof.









37



FIRST SCHEDULE Concluded
13. If at any meeting of the Board the chairman is absent, the mem-
bers present at that meeting may appoint one of their membertobe chairman.

14. The Board shall, within the scope of its jurisdiction, havethe
powers, rights and privileges conferred on a Magistrate under the Magistrates
Jurisdiction and Procedure Act, 1956 and subject to this Act andtoany Act 1956-57.
regulations made thereunder, the provisions of the Magistrates Jurisdic-
tion and Procedure Act, 1956 shall mutatis mutandis apply accordingly.

15. Subject to any regulation made under the Act and tothe provisions
of this Sche dule the Board may regulate its own proceedings and determine
the times when and places where meetings of the Board shallbe held.

16. The names of all members of the Board as first constituted and
every change in the membership thereof shall bepublishedintheOfficial
Gazette.












SECOND SCHEDULE


(Section 441))

Amendment


The Waterworks
Act, 1895
(1895-1)



The Local Gov-
ernment Act,
1958 (1958-55).


In section 35(4) substitute the words "valuation roll
prepared under the Land Valuation Act, 1969" for the
words "valuation list prepared pursuant to the provisions
of the Local Government Act, 1958";

1. For paragraph (a) of subsection (5) of section 34
substitute the following-

"(a) the annual rateable value of any premises shall -

(i) if the rateable value of such premises
has on, or before the qualifying date, been
determined pursuant to section 149 of
this Act, be the rateable value as so
determined;

(ii) if such rateable value has not been de-
termined on or before the qualifying date,
be the rateable value of those premises
as last previously determined for the pur-
poses of this Act;

(iii) in any other case, be the amount which
would in the opinion of the registering
officer have been on the qualifying date
the annual rateable value of the pre-
mises for rating purposes under this Act."

2. In section 35 substitute the word "registering"
for the word "registration" appearing at the end of
the third line of subsection (2).


Enactment













SECOND SCHEDULE Continued

Enactment Amendment

3. For subsection (10) of section 136 substitute the
following subsection -

"(10) Where pursuant to the provisions of the
Land Valuation Act, 1969 a fresh valuation is be-
gun in a rating area, the rating authority for that
areamay make a rate by referencetothat valuation
for the financial year, beginning with the day on
which the fresh valuation is to come into force
or beginning next after that day, notwithstanding
the valuation is not in force when the rate is
made; and accordingly, for the purposes of making
such a rate before the fresh valuation comes
into force and of levying such a rate, references
in this Act to the valuation in force shall be con-
strued as references to the fresh valuation."

4. For subsection (2) of section 139 substitute the
following subsection -

"(2) No objection against a rate shall be made
to 6 Judge pursuant to subsection (1) of this
section seeking relief which might have been ob-
tained under Part III of the Land Valuation Act,
1969 by means of an objection to a valuation
under that Act, or by means of an appeal against
a decision of the Commissioner of Valuations or
of the Valuation Board."

5. In section 145 add immediately after paragraph (d)
the following paragraph as paragraph (e)-













SECOND SCHEDULE Continued


Enactment Amendment
"(e) any hereditament vested in the Crown or oc-
cupied by or on behalf of the Crown for pub-
lic purposes."

6. For sections 148 and 149 substitute the following
sections -

"Effect of 148. For the purpose of every rate
valuation made and levied under this Part, the
roll. valuation roll containing the valuations

in force when the rate is made shall be
conclusive evidence of the rateable
values of the several hereditaments in-
cluded in the roll; but where pursuant
to section 136(10), a rate is made by
reference to a valuation which is not
in force when the rate is made such
fresh valuation shall, in relation to such
rate, be conclusive evidence of the
rateable values of the hereditaments on
which the rate is levied.

Rateable 149.(1) For the purposes of this Part
value, the rateable value of a hereditament

shall be such portion of the improved
value or site value of the hereditament,
or of both, as the Minister may from time
to time determine.

(2) The amount of every rate-
able value shall be increased or re-
duced as the case may be to the nearest
dollar and if the fraction is fifty cents
the fraction shall be disregarded."















SECOND SCHEDULE Continued


Amendment


7. For section 154 substitute the following section -

"Duty of rating 154.(1) The rating authority on re-
authority as ceiving a valuation roll shall deposit
respects valua- it at the offices of the authority or at
tion roll. such other place in the rating area as

may be specified in a notice published
within seven days of the re ceipt of the
roll in at least one daily newspaper
circulating in the area.

(2) The rating authority shall
give effect ito any directions which may
from time to time be given to them by
the Commissioner of Valuations under
the provisions of the Land Valuation
Act 1969 authorising or requiring the
Commissioner of Valuations to make
alterations in valuation rolls."

8. In section 161 -

(a) substitute the words "valuation roll' for the
words "valuation list" where the latter words
appear for the first time in subsection (1);

(b) delete the word "list" where it appears for the
second time in subsection (1);

(c) substitute the word "valuation" for the word
"list" at the end of subsection (1);

(d) for the words "in the first valuation list to the
hereditament" appearing in subsection (2) sub-
stitute the words "to the hereditament in the


Enactment












SECOND SCHEDULE Continued

Enactment Amendment

first valuation under the Land Valuation Act,
1969."

9. In section 162(2) -

(a) substitute the word "roll" for the word "list"
at the end of paragraph (b) of the subsection;

(b) delete from the subsection all the words appear-
ing after paragraph (b) and substitute therefore the
following -

"the rating authority shall not make any
amendment of the rate unless either the amend-
ment is necessary to bring the rate into con-
formity with the valuation roll or a
corresponding amendment of the valuation roll
has been made by the Commissioner of Valua-
tions."

10. In section 164 substitute the words "Commissioner
of Valuations" for the words "valuation officer."

11. In section 167 -

(a) substitute the words "valuation roll" for the
words "draft valuation list or valuation list" in
subsection (1);

(b) for the words "valuation officers" and "any
valuation officer" in subsection (3) substitute
respectively the words "Commissioner of Valua-
tions or any person authorised by him in writing"
and "the Commissioner of Valuations or of any
such person."













SECOND SCHEDULE Continued
Enactment Amendment

12. In section 247 -

(a) delete from subsection (1) the definitions of
the expressions -

"Assessment Tribunal", "Chief Valuation
Officer", hereditamentt", "rate" and
"valuation officer";

(b) insert in subsection (1) in the appropriate al-
phabetical order the following definitions -

"Commissioner of Valuations" means the
Commissioner of Valuations appointed for
the purposes of the Land Valuation Act,
1969;

hereditamentt" means any land, tenement,
or other property included in a valuation roll
prepared or from time to time amended un-
der the Land Valuation Act, 1969;

"improved value" has the same meaning as
in section 2 of the Land Valuation Act, 1969;

"rate" means a rate the proceeds of which
are applicable to purposes of a public
nature and which is leviable on the rateable
value of each rateable hereditament in the
rating area;

"site value" has the same meaning as in
section 2 of the Land Valuation Act, 1969;

"the Land Valuation Board" means the Land
Valuation Board established under the Land
Valuation Act, 1969;












SECOND SCHEDULE Concluded

Amendment


Enactment


The Land De-
velopment Duty
Act, 1962.
(1962-34)


"valuation roll" means a valuation roll pre-
pared under the Land Valuation Act, 1969."

1. In section 23 -

(a) substitute the words "Commissioner of Valua-
tions appointed for the purposes of the Land
Valuation Act, 1969" for the word "Com-
missioner" where it appears for the first time
in subsection (1);

(b) substitute the words "the Land Valuation
Board" for the words "an Assessment Tribunal"
appearing in subsection (1);

(c) substitute the words "Commissioner of Valua-
tions" for the word "Commissioner" and the
word "him" for the words "a valuation officer"
respectively appearing in subsection (2);

(d) substitute the words "the Land Valuation
Board" for the words "Assessment Tribunal"
in subsection (3);

(e) substitute the words "the Land Valuation
Act, 1969" for the words "the Local Govern-
ment Act, 1958" wherever the latter words
appear in the section;

(f) add the words "of Valuations" immediately
after the word "Commissioner" in the mar-
ginal note to the section.
















Enactment


The Local Gov-
ernment Act,
1958.
(1958-55)


45



THIRD SCHEDULE

Section 44 (2))
Extent of Repeal
Sections, 146, 147, 150, 151, 152, 153, 155, 156, 157,
158, 159, 160, 163, 165, 166, 168, 169, 170, 171 and
172.











HOUSE OF ASSEMBLY


SECOND SESSION OF 1966-71


A BILL

intituled an Act to make provision for deter-
mining the valuation of land for taxation,
rating and other purposes and for matters
connected therewith or incidental theretoP




Notice of this Bill was given on and it
was read a first time the 17th December, 1968,


Government Printing Office.











THE




House of Assembly Debates




(OFFICIAL REPORT)


SECOND SESSION OF 1966 71


HOUSE OF ASSEMBLY
Tuesday, 3rd December, 1968.
Pursuant to the adjournment, the House of As-
sembly met at 12.15 p.m. o' clock today.

PRESENT

Mr. L. E. SMITH, J.P.; Mr. E. ST. A. HOLDER,
J.P.; Hon. J. C. TUDOR, M.A., (Leader of the
House); Hon. G. G. FERGUSSON, (Minister of
Trade, Tourism, Co-operatives and Fisheries);
Mr. R. ST. C. WEEKS, J.P.; Mr. W. R. LOWE,
J.P.; Hon. N. W. BOXILL, (Minister of Com-
municatioit and Works); Mr. J. B. YEARWOOD,
J.P., (Chairman of Committees); Hon. A. DaC.
EDWARDS, (Minister of Agriculture, Labour and
National Insurance); Mr. W. C. B. HINDS; His
Honour G. E. SARGEANT, (Deputy Speaker);
Mr. C. A. E. HOPPIN, J,P.; Mr. J. B. SPRINGER;


Prayers were said.



MINUTES

Mr. DEPUTY SPEAKER: I have the honour to in-
form the House that the Minutes of the last meeting
are not yet ready for confirmation.

DOCUMENTS 'TO BE LAID

Hon. J. C. TUDOR: Mr. Deputy Speaker, I am ask-
ing for the postponement of the laying of Papers and
giving of Notices until later in today's sitting.

The Deputy Speaker indicated assent.

PRIVATE MEMBERS' NOTICES

Mr. SMITH: Mr. Deputy Speaker, I beg to give
notice of the following Resolution:

WHEREAS there are many pensioners who are in
receipt of small Government pensions, and whose
small pittances make it impossible for them to save
anything towards their funeral expenses, due to the
high cost of the barest necessities of life;
AND WHEREAS their pensions cease at the day of
their death;


BE IT RESOLVED that this House request t the
Government to authorise the payment of pensions to
the end of the month in which such pe liners died
to the person or persons responsible fo thesfuneral
expenses of such pensioner.

DOCUMENTS TO BE LAID

Hon. J. C. TUDOR: Mr. Deputy Speaker, on behalf
of the Hon. Minister of Trade, Tourism, Co-operatives
and Fisheries, I beg to lay the Report to the Govern-
ments of Barbados and Guyana from Senator Peter G.
Morgan, Commissioner General at Expo' 67.

Also Financial Statements of the Barbados Deve-
lopment Board on Barbados/Guyana Participation in
Expo' 67 as at 31st March, 1968.

GOVERNMENT NOTICES

RESOLUTIONS

Hon. J. C. TUDOR: Mr. Deputy Speaker, on behalf
of the hon. Senior Member for St. John, Acting Min-
ister of Home Affairs, I beg to give notice of a Re-
solution to approve the abandonment of the acquisition
of certain lands at Sand Street, Speightstown, St. Peter.

Also A Resolution to approve the lease to Sun
Farms Limited of certain lands and buildings atCod-
rington, St. Michael.

Hon. N. W. BOXILL: Mr. Deputy Speaker,T beg
to give notice of the following Resolutions:
A Resolution to place the sum of $2,741 t the
disposal of the Government to supplement the
Estimates 1968 69, in Part 1 -Current as
shown in the Supplementary Estimates 1968-
69 No. 44 which form the Schedule to the Re-
solution.
A Resolution to place the sum of $ 00,000
at the disposal of the Government to supple-
ment the Estimates 1968-69, in Part 11 -
Capital as shown in the Supplementary
Estimates 1968-69 No. 45 which form the
Schedule to the Resolution.
BILLS
Hon. A. DaC. EDWARDS: Mr. Deputy Speaker, I
beg to give notice of a Bill to provide for the estab-




A


.








A -2


lishment of a Provident Fund out of which prescribed.
benefits may be paid to sugar workers and for matters
connected therewith and incidental thereto.

REPLIES TO PARLIAMENTARY

QUESTIONS

Hon. J. C. TUDOR: Mr. Deputy Speaker, Ibeg to
give notice that Replies to Parliamentary Questions
Nos. 214, 216, and 259, askedbythe hon. junior Mem-
ber for St. Peter, are ready.

Hon. N. W. BOXILL: Mr. Deputy Speaker, I beg
to give notice that Oral Replies to Parliamentary
Questions Nos. 227, 250, and 223 are ready, and also
to remind the House that at a former meeting I gave
notice that the reply to Parliamentary Question No.
168 was also ready.

Hon. G. G. FERGUSSON: Mr. Deputy Speaker, I
beg to give notice that the Reply to Parliamentary
Question No. 187, asked by the Senior Member for
St. James, is now ready.

Also the reply to Question No. 234, asked by the
Senior Member for St. Thomas, is now ready.

Hon. J. C. TUDOR: Mr. Deputy Speaker, I beg to
give notice of my intention to move the House into
Committee of Supply at its next meeting to deal with
the Money Resolutions of which notice has been given
today.

BILL READ THE FIRST TIME

Hon. A. DaC. EDWARDS: Mr. Deputy Speaker, I
beg to move that a Bill to provide for the establishment
of a Provident Fund out ofwhichprescribed benefits
may be paid to sugar workers and for matters con-
nected therewith and incidental thereto be now read
a first time.

Hon. G. G. FERGUSSON: I beg to second that.

The question was .put and resolved in the affirma-
tive without division.

SUSPENSION OF STANDING ORDERS

Hon. J. C. TUDOR: Mr. Deputy Speaker, I beg to
move the suspension of Standing Orders Nos. 5, 14, 16,
18, 19, 40 and 45 for the remainder of this day's sit-
ting.

Hon, G. G. FERGUSSON: I beg to second that.

The question was put and resolved in the affirma-
tive without division.

12.25 p. m.

GOVERNMENT BUSINESS

Hon. J. C. TUDOR: Mr. Deputy Speaker, Ibeg to
move that Government Business be now taken.

Hon. G. G. FERGUSSON: I beg to second that.


The question was put and resolved in the affirma-
tive without division.


COMMITTEE OF SUPPLY

Mr. DEPUTY SPEAKER: The first Order of the
Day stands in the name of the hon. Leader of the House,
and it is to move the House into Committee of Supply
to consider the grant of sums of money for the ser-
vice of the Island.

Hon. J. C. TUDOR:Mr. Deputy Speaker, I beg to
move that Your Honour do now leave the Chair and the
House go into Committee of Supply.

Hon. G. G. FERGUSSON: I beg to second that.

The question was put and resolved in the affirma-
tive without division, and Mr. DEPUTY SPEAKER left
the Chair and the House went into Committe*' of Supply,
Mr. YEARWOOD in the Chair.


SUPPLEMENTARY ESTIMATES 1968-69 No. 43

Hon. J. C. TUDOR: Mr. Chairman, this amount is
required to meet the cost of an antenna which arrived
after 31st March, 1968, but which was ordered before,
and is consequently a revote of funds which lapsed at
the end of the last financialyear. It is also to meet the
cost of erection by the Ministry of Communications
and Works of a heavy duty transmission aerial steel
tower for the Police Department.

I beg to move that this Resolution do now pass.

Hon. G. G. FERGUSSON: I beg to second that.

Mr. HINDS: Mr. Chairman, this Resolution for the
sum of $2,164 is to meet the cost of erection by the
Ministry of Communications and Works of a 120 ft.
heavy duty transmission aerial steel towerforthe
Police Department. It is also to pay the cost of an
antenna. Now I am sure that the Leader of the House
will admit at some later stage that the suppliers of
the antenna have already been paid. It is said in the
Addendum that this antenna arrived in the Island after
31st March, 1968, and I would be glad if the Leader
of the House can tell us exactly on what date it arrived.
I have very special reasons, Mr. Chairman, for making
such an enquiry at this stage, and I sincerely hope
that by the time they are ready to erect this antenna,
all the parts thereto will be found.This question in-
volves Police communication. It is known that the
Force or part thereof is equipped with a fleet of
motor vehicles, and in addition there is radio-receiv-
ing equipment to connect up Police Headquarters with
all the Stations in the Island except Worthing and Black
Rock. This to my mind is not goodenough inviewof
the fact that we cannot deny the rise in the crime rate
and the type of crime that is being committed today.


You know, Sir, that we have had high incidence
of motor car stealing during the past months, and it
is very necessary to my mind to have all the Stations







A-3


equipped with wireless-receiving sets so that they can
communicate with these vans, wherever they are in the
various areas, and be in immediate touch with Police
Headquarters. I think that is very essential at this
time.

Now there is a tower at Highgate. We understand
that the erection of this antenna with this equipment
will improve the range of the service that the High-
gate Tower can offer, but in addition to that there is
also a Repeater Station at Highgate and one at Castle
Grant, and what we do know is that the tower at High -
gate has been constructed from an old wallaba post
that was brought down from Castle Grant, and we are
willing to support any such measure for the replace -
ment of it so as to improve the service. You must bear
in mind, Sir, with the incidence of organised crime, as
it would appear to us, and the means available to of-
fenders to escape justice and go from one place to
another, that this can make it more difficult for the
Police; but we know that the Police have what is called
an inter-force radio which connects up all the Islands -
St. Kitts, Dominica, Antigua, St. Vincent and Grenada
- with the exception of Montserrat and St. Lucia up to
the present moment.
1235 p.m.

We feel that if something is done about this Re-
peater Station at Castle Grant, you will find that the
Queen Elizabeth Hospital, for instance a place which
is equipped with a fleet of ambulances for the trans -
portation of the sick as well as other institutions in
the North and South Local Government Institutions
that are equipped with these mobile units for the con-
veyance of the sick they should also be brought into
operation, but with their Headquarters for communi-
cation purposes being located at the Queen Elizabeth
Hospital. That could be done, Ihave been told, through
the Castle Grant Repeater Station. You will remember,
Sir, that I had an occasion to table some questions in
this House arising out of the difficulty experienced by
some doctors in getting ambulance services to convey
the sick to the Hospital, and while I am not in total
agreement with the replies which have been given, I
am in a position to say that the ambulance service is
not yet nearly anything that can be called satisfactory,
either to the sick, the doctors or the Nursing Pro-
fession as a whole the people who have dedicated
their lives to the care of these people from time to
time. I feel that something should be done, while we
are at it, to improve the service and make it possible
for a better service generally to be obtained from the
operation of the communication system as exists at
the moment.

I feel again that something should be done to im-
prove the communications with the Fire Services. The
Fire Services ought to be able to connect their various
units which we have there, and Fire Services radio
should be given some very serious consideration at
this particular time. You know the incidence of cane
fires, Mr. Chairman, and I understand that we have
already had one or two fires during the past month,
and each and every one of us would be interested to
know that the Fire Services are so equipped as to make
it easy for their units to go from one place to another


'with a view to protecting the economy of this Island
and the life of individuals as well. This question of
communications also brings into consideration even
our traffic lights which are very important. No one
could deny that the maintenance of our traffic lights
system leaves much to be desired. It is very, very
poor indeed. There was a time when the Police held
the responsibility for the maintenance of these traffic
lights, but Iunderstand that the Government Electrical,
Inspector's Department nowhas the responsibility for
that. I think it was the hon. senior member for St.
Thomas who tabled some questions in this House with
respect to the operation of these traffic lights, and
what we learnt was that the detector pads in the roads
are not really functioning. Many of them have been
covered with the pitch, the tar, and many of the lan-
terns are twisted and the standards bent. That is there
for anyone to see. You will find that when these de-
tector pads are not in working order, it creates con-
siderable and unnecessary delay at points where they
have been planted, because when traffic should be able
on the detector system to move on, it has got to wait be -
cause the traffic lights are all now operating on what
is know as the fixed time basis. In other words, it is
a sort of betrayal of the functions of these traffic lights.
Therefore, this whole system of communications ought
to be gone into most thoroughly, and we feel that our
ambulance service should benefit, and all of the Police
Stations, as I have already said, ought to be in com-
munication with their Headquarters and with the mo-
bile units in whatever part of the country they happen
to be. It is a disgrace, I must repeat, to find that, in
Barbados, where we are now so many mobile units
strong in the Force, we still find both Worthing
and Black Rock Sub-stations not having any radio
communication with the Police Headquarters or with
Units on the beat, so to speak.

Mr. Chairman, I am not opposed to the Reso-
lution which is before the Committee, but I hope that
the Minister will be willing to let us know about the
points which I have raised exactly whenthe antenna
arrived, if it is hot true that the suppliers of it
have already been paid and if the real cause of this
Resolution having to come before this Committee is
that no money has been earmarked in the original
estimate for the erection of this antenna. In other
words, the cost of this antenna has been gone into
and arrived at, it was imported and it was found that
after it had arrived, there had been no money voted,
or rather requested, for its erection. I would like
to know if the Hon. Minister can enlightenus on these
little points. (After a Pause).

Mr. CHAIRMAN: The question is ....


Mr. HINDS: Mr. Chairman, Ihave asked questions:
which I think are, reasonable questions. If the Adden-
dum to the Resolution states that the antenna arrived
in the Island after the 31st March, 1968, and an hon.
member has information to the contrary, he has every
right to demand a reply from a Minister who has
piloted the Resolution through the Committee.I am
asking you not to lend your Party support- r any sort
of support to this kind of behaviour.




1











Mr. CHAIRMAN: I am not lending any Party sup-
port in a matter of this kind.

Mr. HINDS: Mr. Chairman, you might lend it
without knowing that you are doing so. What I am
saying is this; the information which I have tried
to elicit from the hon. introducer of the Resolution
is not information which would send one seeking or
searching about in any out-of-the-way place; it is
information which the Minister ought to have on his
file.
12.45


It is just not good enough to have a Minister
sitting down without replying to questions. There is
not one point that I have raised that would cause
any Minister, who is really familiar with anything
that is going on in his Ministry, any difficultywhat-
soever in replying.

Hon. J. C. TUDOR: Mr. Chairman, if understand
the hon. Member correctly, I do not think he is
contradicting what is said in the Addendum. It says:
"This amount is required to meet the cost of
an antenna which was ordered, but arrived after the
31st of March...... "
As I understand the hon. Member, he is asking on
what day it arrived. I cannot tell him on what day
it arrived after the 31st March. I take it that he
agrees that it arrived after the 31st March.

Mr. HINDS: I am not saying that it --- (INTERRUP
nON,
Mr. CHAIRMAN: I can hardly hear the hon.
Member.

Mr. HINDS: Mr. Chairman, I am ready to sup-
port the Resolution because I know much more about
the antenna than the Minister or any of the Ministers;
but this is not the point. This tower is a four-leg
type self-supporting tower. Nobody would have any-
thing against this because it is a very good idea.
What I want to know is this: are they now sure that
they are right? How much of this $2,164 will be
spent on the erection ofthe tower? In St. Lucia it
cost between $6,000 to $7,000 to erect one 300 ft.
high, but this one is just a 120ft. This amount of
$2,164 is to pay the cost of the antenna as well as
the cost of erecting a 120 ft. steel tower. I would
like to hear from the Minister how much the erec-
tion of this steel tower would cost, and what would
be the cost of the antenna. It is only reasonable to
ask whether the Minister can find out whether or
not he has given information to this House that is
not accurate as regards the date of the arrival of
the antenna. These are things which, I think mem-
bers of the House are entitled to ask and to receive
replies to. I have done nothing whatsoever to em-
barrass the Minister.

Sir GRANTLEY ADAMS: Mr. Chairman, Ishould
like to make an appeal to the Leader of the House.
Perhaps some of my colleagues will agree with
what I am about to say. The Leaderofthe House is
-giving the impression, to one or two of us at any


rate, that he is changing the attitude with which this
Session began, that is, just ignoring the Opposition.
He has gone so far as to give us credit sometimes
for making reasonable points. We, on this side of
the House, would like to help him in what we know
is a difficult position. He is the Leaderof the House
vis-a-vis the Prime Minister; but surely when we
make an appeal to him, we would like to keep that
good feeling towards him that he is willing to look
at the Opposition as part of the system of Govern-
ment and not to ignore us as being offensive and
noisy trouble-makers; therefore, I am appealing to
him to reply to the hon. Member who has just made
his points.

Hon. J. C. TUDOR: Mr. Chairman, no question
arises relating to my willingness or unwillingness
to accommodate the other side when they ask ques-
tions, or try to elicit information. I was hoping that
the hon. Member would continue what he was saying
until I could get the Box open to find the file which
I do not have at the moment. Anyway, the key has
just come. If the hon. Member would repeat his
point, I may be able to find the information.

Mr. HINDS: I am sure Mr. Chairman, that by
now the Minister has learnt that the antenna was
ordered through the Crown Agents. This Resolution
seeks the sum of $2,164 to pay the cost of the an-
tenna, and a portion of it is for the erection of a
steel tower for the Police. I have already stated
that the suppliers of the antenna have already been
paid, and that is an established fact. (ASIDES.)

Mr. CHAIRMAN: I should like hon. Members to
understand Standing Order 29 (6).
12.55 p.m.

Mr. HINDS: Mr. Chairman, the Minister knows
as well as ever that the suppliers of the antenna have
already been paid, and I thought that the Minister
would have been glad to hear me say that it was
ordered through the Crown Agents; so if I say that
the suppliers have already been paid, any Minister
who has any sense would readily assume that they
were paid by the Crown Agents, but that the Barba-
dos Government might have received the request for
payment to the Crown Agents at a late date; but it
is not every Minister who has that mentality to
understand these things. I have told them about the
old wallaba post at Highgate. We are glad to know
that it will be replaced by something that is serv-ice-
able, and I also said earlier that I would be glad to
see our communications system is such that the com -
munications between the ambulance service and the
Queen Elizabeth Hospital and the institutions in the
North and South are so improved as to facilitate to
a greater extent the carryingof sick persons from
one institution to another, as the case might be.
Now I am asking to be told what was the date
of arrival of this antenna, what is the cost of it and
what is it estimated that erecting this tower will
cost out of this sum of $2,164. I also said that the
antenna has been in the Island for so long that I
sincerely hope that all the parts thereto will be found


_
I








A-5
i .. .


by the time they are ready to erect it. Is this some-
thing that an hon, member in opposition or any other
member of this House should not be interested in?
Now, Sir, our mobile units thatare inuse by the Pol-
ice Department are all fitted with two separate
channels, so that it would not be very difficult if
a channel that is not in use is assigned to some other
purpose; but I want to warn against having the Police
units connected up with the ambulance service of the
Queen Elizabeth Hospital or these institutions in the
North and South, because one would appreciate the
fact that when the Police are communicating one
with the other, the ambulances would also be able to
pick up what the Police are relaying one to the other.
We would not like to see that at all, but we can see
no reason why something cannot be done in the case
of Fire Services. I do not think there is anything more
I would have to say on this Resolution, except that I
am quite willing to vote for it immediately the Min-
ister gives us his little.reply which I am sure he
would be ready to do by this time.

Hon. J. C. TUDOR: Mr. Chairman, the hon.mem -
ber, I think, wanted to know which part of this $2,164
represented the cost of the steel tower and which
part the antenna. The breakdown for that is as fol-
lows:- it is $1,500 for the erection of the tower, and
$664 represent the cost of the antenna. I have no
information here available to indicate when the
antenna did arrive, but it is possible of course that
the Crown Agents may have paid for it on behalf of
the Government, to be reimbursed subsequently.


The question that the Resolution do now pass was
put and resolved in the affirmative without division.
On the motion of Hon. J. C. TUDOR, seconded by
Hon. G. G. FERGUSSON, Mr. CHAIRMAN reported the
passing of one Resolution in Committee of Supply, and
Mr. DEPUTY SPEAKER resumed the Chair and reported
accordingly.
On separate motions of Hon. J. C. TUDOR, seconded
by Hon. G. G. FERGUSSON, the Resolution was read a
first and second time and agreed to.



Hon. J. C. TUDOR: Mr. Deputy Speaker, I beg
to move that Order No.3 be the next Order of the Day.

Hon G. G. FERGUSSON: I beg to second that.


The question was put and resolved in the affirma-
tive without division.


THE PUBLIC HOLIDAYS ACT, 1968,

Mr. DEPUTY SPEAKER: Order No.3standsin
the name of the hon. senior member for St. Andrew,
and it is to move the second reading of a Bill to
amend and consolidate the Acts relating to bank
holidays and public holidays.

Hon. A. DaC. EDWARDS: Mr. Deputy Speaker, on
28th February, 1963, a Committee was appointed to
enquire into the working of the Shops Act and Bank
-Holidays Act with the following terms of reference:


"To review in the light of present day conditions
the working of the Shops Act, 1945 and Orders made
thereunder, and the Bank Holidays Act, 1905, as it
affects the opening and closing of shops, and to make
recommendations thereunder.
1.05 p.m.

This Committee met and had 13 meetings and
to its meetings it invited interested parties, it made
advertisements in the local newspaper and can-
vassed the opinion of interested parties. It also had
the assistance of Miss S. A. Ogilvie from the Depart-
ment of Technical Corporations in London, who ably
assisted the Committee in its work. I may say here
that hon. members will see that there are two Bills
to be dealt with, which have to do with the opening
and closing of shops and the conditions of service of
shop assistants. I propose Mr. Deputy Speaker, to
give this Hon. House an outline of the recommenda-
tions of the Committee, and the Report or an outline
of the Report which they were asked to present in
1963. This will serve as my second readingAddress.
I will deal with the entire Report and I will move that
the Bills, as they come up, be read a second time;
that is to say, I am going to give an outline of the
Report and I am to make one speech. The Legisla-
tion in respect of the hours for the opening and
closing of shops was introduced......

Mr. HINDS: Mr. Deputy Speaker, on a point of
order. Do I understand the Minister to say that he
is going to make one speech in relation to two Bills
or in relation to a Bill which is not before the House?

Hon. A. DaC. EDWARDS: Mr. Deputy Speaker,
both of the Bills which we have are here as the result
of the Report of a Committee, and I propose making
one second reading speech. I can get up and say: "I
beg to move that this Bill be now read a second
time", but out of courtesy for the House, I propose
to give hon. members an outline of the Report of
this Committee as far as it affects shops and bank
holidays. I do not consider it necessary for me to
get up here and make one Address in respect of
shops and another Address in respect of bank holi-
days. I am going to give an outline of the Report of
the Committee. I prefaced my remarks by saying that
this Committee was appointed in 1963, and Igave its
terms of reference. This Bill which is before the
House plus the Shops Bill emanated from this Report,
and I think it is a waste of time for me to make two
second reading speeches. I am therefore going to
make one speech giving hon. members an outline
of the Report of the Committee, and when I get to
the Bills, I will move separately that these Bills be
read a second time. I do not believe in wasting time.

I was saying Mr. Deputy Speaker, that provi-
sion is made by means of the Shops Act, 1908 (1908-
11) which amended and consolidated the existinglaws
- its principal provisions fixed the hours for the
opening and closing of all shops as 6 a.m. to 9 p.m.
on week days and 10 p.m. on Saturdays. It further
provided that all places of business except those
specified in an exempting subsection, should be
closed on Sundays, Christmas Day and Good Friday,











or other days set apart by public Proclamation for
Divine Service. There is afeelingby some hon. mem-
bers with whom I have had talks on this Bill, that
there is no provision in law for declaring Sundays,
Christmas Day, Good Friday or other days set aside
by Proclamation for Divine Service as closing days
that there is no provision in law for these. I
would just like to draw the attention of hon. members
to the fact that this provision is found in the Shops
Act 1908 (1908-11).

In 1925, the Weekly Half- Holiday Act made
provision for a weekly half-holiday for all persons
employed in shops. In 1937 proprietors of shops were
required by the Shops Assistants Act 1937-12, to
provide seats for shop assistants. In 1945, an attempt
was made to introduce a comprehensive code for the
control of working hours in shops and for safety and
health requirements. The Acts of 1908, 1925 and 1937
were amended, consolidated and amplified by the
Shops Act of 1945. Amendments to this principal
Act were made in 1951, 1956 and 1957. These four
Acts constitute the legal code for the regulation and
control of shops in this country. In 1945, the Shops
Act introduced a comprehensive definition of shops
from which were excluded a market lawfully held,
a bazaar for charitable, religious or public purposes
or any part of a building in which a shop is located,
if such part is used exclusively for trade or bus-
iness carried on in the shop. The Shops Order
divided shops into two loosely divided geographical
categories, that is, the urban category of shops
and the Rural category of shops. The Bank holidays
Act which is before us now makes provision for, or
specifies the days of the year to be observed as
bank holidays and provides that, subject to certain
exceptions setoutin Section 6, no bank, public office,
place of business or school may require the attend-
ance of any employee or permit any school to be
opened for tuition on any bank holiday. The Shops Act
of 1945 further provided that no shop, which is ex-
empted from the operation of the Bank Holidays Act,
shall be opened for business in contravention of any
of the provisions of the Shops Order. Article 3 of the
Shops Order 1957 provided two alternative days for
the early closing of Urban shops, that is, the retail
shops in the Urban area, green grocers' shops,
bakers' shops, butchers' shops, fishmongers' shops,
ice vendors' shops, and they were required to close
on Thursday, while for all other classes of shops,
the early closing day was Saturday. For shops in the
Rural area, the early closing day was Thursday.
Provision is made that whenever a tourist ship is
expected to visit the Island, the proprietors of a shop
may, on giving 24 hours' notice in the newspaper,
substitute another day of the week as its early
closing day. That is as a result of the 1957 Shops
Act.
This Committee which was appointed onthe 28th
February, 1963, to look into the working of the Shops
Act, although it was of the opinion thatthe Shops Act
and the Shops Orders made under the Act provide
a modern code for the control of the working of
shops, although a weekly half holiday as a result of
the Shop Act is mandatory, the health of shop assis -
t t is safeguarded by the provision relating to the


sanitary conveniences and the number of seats for
shop assistants, although powers of inspection have
been given to the Labour Commissioner and his of-
ficers.
1.15 p.m.

When I say the "Labour Commissioner", of
course, he is now substituted by the Chief Labour
Officer; The penalties for breaches of the provi-
sions of the Act and Orders have been prescribed;
The Shops (Amendment) Act, 1956, prohibits any
racial or other form of discrimination in Shops -
although the Committee felt that this is reasonable,
they discovered that experience in the administration
of the Shops Act revealed that there were still cer-
tain defects to which attention ought to be paid.

You will notice, Mr. Deputy Speaker, that they
have also recommended, and it is provided for in the
legislation in the Bill before us, that employees in
hotels, restaurants and bars who were, under our
existing laws, classified as employees of shops,
in their recommendations they felt that these should
be exempted, and the Bill which I am asking this
House to give a Second Reading to makes provision
for this. The Committee also felt that there should
be some flexibility in respect of hotel, airport,
harbour shops, restaurants, inns and taverns, to
meet the changing needs and the habits of the com-
munity.

It is recommended that the general provisions
of the Shops Act should apply to Shops falling within
these classifications, and that the Minister be given
statutory authority to make Regulations and to vary
them from time to time with respect to the days and
hours of opening, and the conditions of employment
of persons working in shops so classified. The Com-
mittee also had a look at the volume of tourist trade
in the country, and saw that the tourist industry was
increasing considerably and that certain provisions
should be made for accommodating the tourists,

Mr. Deputy Speaker, these provisions are made
in the Act whereby certain permission under the
authority of the Minister may be given to shops to
open on certain days when tourist ships visit the
country, but on certain conditions that employees are
paid at overtime rates and that it ought not to be
mandatory, or compulsory, for any employee to be
compelled to work on the days when he should nor-
mally be off. The Act also makes provision that
an employee, who refuses to work on a day other than
his normal working day, should not be victimised.
Any victimisation will be met with a penalty.


Now, this was done to assist the tourist trade,
but at the same time the Committee felt that every
shop assistant, or every employee, was entitled to
time to rest, and this ought not to be denied him if
he desires it. The Committee also felt that there
should be certain safeguards as far as the health and
welfare of shop assistants are concerned, and these
recommendations have been accepted by the Govern-
ment.


~




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