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 S.I. 1962 No. 1084: The West Indies...
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 S.I. 1962 No. 1087: The British...
 Supplement to Gazette: The Report...














Title: Saint Vincent government gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/00636
 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: June 12, 1962
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
 Record Information
Bibliographic ID: UF00077473
Volume ID: VID00636
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 19844741
lccn - sn 89018505
 Related Items
Succeeded by: Government gazette

Table of Contents
    Main
        Page 189
        Page 190
        Page 191
        Page 192
        Page 193
        Page 194
    S.I. 1962 No. 1084: The West Indies (Dissolution and Interim Commissioner) Order in Council 1962
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
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        Page A-14
        Page A-15
        Page A-16
        Page A-17
        Page A-18
    S.I. 1962 No. 1085: The West Indies (Retirement and Compensation) Order in Council 1962
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
        Page B-12
        Page B-13
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        Page B-15
        Page B-16
        Page B-17
        Page B-18
        Page B-19
        Page B-20
    S.I. 1962 No. 1086: The British Caribbean Court of Appeal Order in Council 1962
        Page C-1
        Page C-2
        Page C-3
        Page C-4
        Page C-5
        Page C-6
        Page C-7
        Page C-8
        Page C-9
        Page C-10
    S.I. 1962 No. 1087: The British Caribbean (Appeal to privy council) Order in Council 1962
        Page D-1
        Page D-2
        Page D-3
        Page D-4
        Page D-5
        Page D-6
        Page D-7
        Page D-8
    Supplement to Gazette: The Report of the Department of Labour
        Page E-1
        Page E-2
        Page E-3
        Page E-4
        Page E-5
        Page E-6
        Page E-7
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        Page F-1
        Page F-2
        Page F-3
        Page F-4
Full Text






















SAINT VINCENT


GOVERNMENT GAZETTE


published 1) b A luihrrldi.


SAINT VINCETT, TUESDAY, 32 JUNE, 1962.


[No. 33.


GOVERNMENT NOT


No. 166.
APPOINTMENTS.

GOVERNMENT HOUSING
ORDINANCE.
No. 8 OF ,1948.
GOVERNMENT HOUSING LOANS

His Honour the Acting Adn
tor has been pleased to appoint
lowing persons to be members
Government Housing Loans Boa
period of two years from 1s
1962:-
The Honourable Attorney
(Chairman),
V. D. ARCHER, Esq., M.B.E. (T
Chairman)
The Accountant General,
C. L. SPROTT, Esq.,
C. W. ITON, Esq. (Representin
Service interests).
12th June, 1962.
(257.)

No. 167.
His Honour the Acting Adn
tor has been pleased to appr
appointment of Mr. ENos LEV
Senior District Overseer of Roai


ICES.


lic Works Department, with effect from
5th March, 1962.
12th June, 1962.
(P.F. 671.)
No,. 1I


His Honour the Acting Administra-
LOANS
tor has been pleased to approve the ap-
pointment of Mr. THEOPHILUS JACK,
Time/Tool Checker, Public Works De-
partment, as a Junior District Overseer
BOARD. of Roads, with effect from 5th March,
1962.
ninistra- 12th June, 1962.
the fol- (P.P. 894.)
Sof the
ird for a No. 169.
it June, "EAST CARIBBEAN FEDERATION
CONFERENCE, 11962.
General The Report of the East Caribbean
Federation Conference held in London
ice- in May, 1962 has been received and
may be seen on application at Govern-
ment Office.
Copies are available for sale at a cost
g Civil of 360 each.
g Civil
12th June, 1962.
(C. 959.)

No. 170.
BANK HOLIDAY.

Under the Bank Holidays Ordinance,
linistra- Thursday, 21st June, 1962 (Corpus
ove the Christi), being a Bank Holiday, all
iys as a Public Offices will be closed on that day.
ds, Pub- 12th June, 1962.


VOL. )5.]


3, .7a7s
5 is 5s


- I- -"


--













190 SAINT VINCENT, TUESDAY, 12 JUNE, 1962.-(No. 33.)


No. 171.
VACANT POST.

Post of Time/Tool Checker,


No. 174.
SUPPLEMENT TO GAZETTE.


Public Works Department,
Public Work Department, The Report of the Department of
St. Vincent. Labour for the years 1959-60 is pub-
As ae i d fr te lished with this issue of the Gazette.
Applications are invited for the
vacant post of Time/Tool Checker, By Command,
Mechanical Division, Public Works
Department, St. Vincent. E. A. BRATHWAITE


The post, which is pensionable, is in
the scale $1,032 X $72-$1,248/$1,344
X $84-$1,512/$1,596 X $96-$2,076.
The point in this scale at which the
appointee will be placed will depend on
hiq nqialifications and experience.
Further particulars may be obtained
from the Superintendent of Public
Works.
Applications giving full particulars
of candidate's qualifications and experi-
ence, and accompanied by two testi-
monials, should be addressed to the
Chief Secretary, St. Vincent, and
should reach him not later than 28th
June, 1962.
12th June, 1962.
(P. 1/57).


The undermentioned Bill is pub-
lished with this issue of the Gazette and
may be seen at Government Office,
Kingstown Library, District Post Offices,
Police Stations and at all Revenue
Offices:-
Bill for an Ordinance further to
amend the Entertainments Ordin-
ance, 1947.
12th June, 1962.

No. 173.
The following Documents are pub-
lished with this issue of the Gazette:-
S.I. 1962 No. 1084.-The West Indies
(Dissolution and Interim Commis-
sioner) Order in Council 1962.

S.I. 1962 No. 1085.-The West Indies
(Retirement and Compensation)
Order in Council 1962.

S.I. 1962 No. 1086.-The British
Caribbean Court of Appeal Order
in Council 1962.

S.I. 1962 No. 1087.-The British
Caribbean (Appeal to Privy Coun-
cil) Order in Council 1962.
12th June, 1962.


Chief Secretary.
GOVERNMENT OFFICE,
12th June, 1962.


DEPARTMENTAL AND
OTHER NOTICES.

BRITISH CARIBBEAN COURT OF
APPEAL.
(FORMERLY FEDERAL SUPREME COURT.)

CRIMINAL APPELLATE
JURISDICTION.

SAINT VINCENT CIRCUIT
A.D. 1962.


On Appeal from the Supreme Court of
the Windward Islands and Leeward
Islands in its Criminal Jurisdiction,
against conviction and sentence.
No. 1 of 1962.
CHARLES CREESE
Defendant Appellant
Vs.
THE QUEEN
Respondent
CHARGE:
Discharging a loaded firearm with
intent.
SENTENCE:
18 months hard labour.
Notice is hereby given that the
British Caribbean Court in its Crim-
inal Appellate Jurisdiction will be
,convened on Monday, 18th June, 1962
at 1.30 o'clock in the afternoon for the
purpose of determining the abovenamed
Appeal.
Dated this 7th day of June, 1962.

H. M. SQUIRES,
Deputy Registrar,
British Caribbean
Court of Appeal.


No. 172.


LEGISLATION













SAINT VINCENT, TUESDAY, 12 JUNE, 1962.-(No. 33.) 19:


STATEMENT OF CURRENCY NOTES AND BRITISH CARIBBEAN COIN IN
CIRCULATION IN THE BRITISH CARIBBEAN TERRITORIES (EASTERN
GROUP) ON 1ST MAY, 1962.


Notes


Average circulation during March, 1962
British Caribbean Currency....
Demonetized Government Notes

Total Average

British Caribbean notes and coins in
circulation on 1st May, 1962


Trinidad and Tobago
Barbados ...... ....
British Guiana
Grenada .... ......
St. Vincent ...... ......
St. Lucia
Dominica ...... .....
Antigua ...... ....
St. Kitts ...... ......
Montserrat ......
"Proof Sets" of Coinl


Coins


93,744,312
981,096

$94,725,408


...... ...... 43,534,043
.. ...... 7,730,225
...... ... ...... 28,404,845
... ...... 5,087,100
...... 774,300
.1,349,000
.. ...... 2,199.400
.. ...... 4,284,300
...... 907,600
.. ... ...... 257,300


s ...... ......


4,779,795


4,779,795


2,162,121
679.450
1,017.786
213,800
114,325
141,825
122.725
160,175
139,575
26.100
1,870


Total British Caribbean notes and coin
in circulation on 1st May, 1962
Demonetized Government notes out-
standing on 1st May, 1962
Trinidad and Tobago ...... ...... ......
British Guiana ...... ............
Barbados ...... .........

Total Government notes outstanding

Total circulation on 1st May, 1962


Headquarters,
British Caribbean Currency Board,
Treasury Building,
Port of Spain,
TRINIDAD.


NOTICE

MAPS FOR SALE.

LANDS AND SURVEYS DEPARTMENT.

The General Public is notified that
the Surveys Department now has on
sale a new medium size (1/50,000) map
of St. Vincent-price 85.
Persons who have already placed or-
ders for these maps may call at the
Surveys Department for them.

H. R. WASON,
Crown Surveyor.
6th June, 1962.


$94,528,113 $4,779,752


674,429
241,275
64,236


979,940

$95,508,053 $4,779,752


L. SPENCE,
Executive Commissioner,
British Caribbean Currency Board.







EDUCATION NOTICES.

Higher School Certificate and Joint
Examination for the School CertifA-
cate and General Certificate of
Education, 1962.


The Joint Examination for the
School Certificate and General Certifi-
cate of Education and Higher School
Certificate Examination of the Uni-
versity of Cambridge Local Examina-
tion Syndicate will be held at this
Centre in November and December,
1962, commencing on Monday 19th
November.












SAINT VINCENT, TUESDAY, 12 JUNE, 1962.-(No. 33.)


The fees, which should be paid into
the Treasury, are as follows:-
Joint Examination for the School
Certificate and General Certificate of
Education:
Full School Certificate-4.0.0d per
candidate
Other entries-(a) Basic fee-15/-
per candidate
Subject fee-10/-
per subject.
Higher School Certificate:-
Entry fee payable by all candidates
-15/- per candidate
For each principal subject-
1.5s. per subject
For each Subsidiary Subject-10/-
per subject.
For the General Paper-10/- per
subject
Local fee-H.S.C. & Joint Examina-
tion-5/-
Entry Forms may be obtained from
the Local Secretary. They should be
completed and returned to him not
later than Saturday, 16th June, 1962.
JEMMOTT J. ANTROBUS,
Local Secretary.
9th May, 1962.


COMMONWEALTH SCHOLARSHIP
AND FELLOWSHIP PLAN

COMMONWEALTH SCHOLARSHIPS IN THE
FEDERATION OF RHODESIA AND
NYAsALAND.

Under the Commonwealth Scholar-
ship and Fellowship Plan, the Federal
Government is offering scholarships to
men and women students from other
parts of the Commonwealth. These
scholarships will be for post-graduate
study and will be tenable at the Uni-
versity College of Rhodesia and Nyasa-
land (which is in special relationship
with the University of London) from
the beginning of the academic year in
March, 1963.
Scholarships will in general be ten-
able for a programme of study or re-
search normally extending over a
period of two academic years and
leading to a university degree or
similar qualification. In exceptional
cases an extension may be granted for
a third year.
The information given refers to
scholarships only and does not concern
fellowships which will form the sub-
ject of a separate publication.


Emoluments.
The emoluments are intended to
cover expenses of travel, living and
study during tenure of the scholarship,
and will consist of:
(a) Fares (normally at tourist-class
rates, by sea or air) to the Fed-
eration and return on expiry of
the scholarship;
(b) Fees-an amount sufficient to
cover approved tuition and ex-
amination fees;
(c) Personal maintenance allowance
at the rate of 780 per annum;
(d) A grant of 25 for books and
apparatus;
(e) A grant of up to 100 for ap-
proved travel within the Federa-
tion;
(f) An allowance of 25 for excess
baggage if travelling by air, the
excess baggage to be restricted
to specialist equipment;
(g) An allowance to cover approved
medical and hospital insurance
payments.
These emoluments are not taxable
in the Federation.
Eligibility.
Candidates must normally be Com-
monwealth citizens or British pro-
tected persons resident in countries of
the Commonwealth other than the
i Federation of Rhodesia and Nyasaland,
who are or, by the time of taking up
an award in 1963 will be, graduates of
a university or college in their country,
or holders of an equivalent qualifica-
tion. Applications will not be con-
sidered unless they are made through
the appropriate agency in the country
of a candidate's normal residence.
Age Limits.
Candidates should, in general, be less
than 28 years of age on 1st March,
1963 but in special circumstances this
age limit may be raised.
General Conditions of Award.
(a) The scholar will be expected to
return to his own country at the
end of the scholarship.
(b) The scholar may not, without
receiving special permission,
take paid employment during
the tenure of his scholarship or
serve on the staff of his country's
official representative in the
Federation.
(c) The scholar must follow the ap-
proved course of study and
abide by the rules of the Uni-
versity College of Rhodesia and
Nyasaland.
(d) Candidates for scholarships
must have a good knowledge of
written and spoken English.













SAINT VINCENT, TUESDAY, 12 JUNE, 1962.-(No. 33.) 19;


(e) An award may be terminated at documents except the birth certificate,
any time for reasons of unsatis- where one only is required, to the Edu-
factory conduct, for breaches of cation Officer, Department of Educa-
the conditions of award, or for tion, St. Vincent, not later than 30th
failure to make satisfactory pro- June, 1962.
gress. JEMMOTT J. ANTROBUS,
(f) Candidates are required to sub- Education Officer.
mit on a special form with their 14th May, 1962.
application a medical certificate
regarding their state of health.
CHARITABLE DEPARTMENT.
general Information.
..... ... ... TT. AUCTION SALE.


LLurT Ier LormaI on aLUIIL bll Ue nm-
versity College of Rhodesia and Nyasa- The undermenti4
land and the courses available may be for sale by Public
obtained either from the Principal. Hall School Farm
P.B. 167H, Salisbury, Rhodesia and June, 1962, at 1.30
Nyasaland, or from the Commonwealth
Universities Year Book (A.U.B.C., ed. 1 Col
J. F. Foster, published annuall.-'. 2 Bu
S. 2 Cal
Applications. 2 Ca
Candidates must submit six copies VIV
of the prescribed application form for
a Rhodesia and Nyasaland award to-
gether with six copies of all supporting 12th June, 1962.


oned will be put up
Auction at the Fair
on Wednesday 20th
1 p.m.:-
w,
lls,
Lives.

IAN Th. YOUNG,
Social Welfare and
Probation Officer.


NOTICE.


UNDER THE LIQUOR LICENCES ORDINANCE NO. 11 OF 1948.


It is notified for general information that the Quarterly Liquor Licensing
Session will be held in the undermentioned Parishes for the purpose of
hearing applications from new applicants in their respective Parishes, for the
granting of Certificates in accordance with the provisions of the Liquor
Licences Ordinance, No. 11 of 1948 at the times and places stated hereunder:-


Parish


Time and Place of Session.


St. George & St. Andrew


Charlotte


St. Patrick



St. David



The Grenadines (Bequia)


At the Court House, Kingstown on
Wednesday, 13th June 1962, at
9.15 a.m.

At the Court House, Georgetown on
Monday, 18th June 1962, at 9.15 a.m.

...... At the Court House, Barrouallie, on
Thursday 14th June 1962, at 9.15
a.m.

At the Court House, Chateaubelair
on Thursday 28th June 1962, at
9.15 a.m.

At the Court House, Port Elizabeth on
Friday 22nd June 1962, at 10.00 a.m.


Notice of intention to oppose the grant of any certificate stating in gen-
eral terms the grounds of the opposition must be served upon the applicant
and upon the Magistrate not later than seven days before the day fixed for
the holding of the Licensing Session.
L. G. E. K. LEWIS,
Magistrate.


G













194 SAINT VINCENT, TUESDAY, 12 JUNE, 1962.-(No. 33.)
S- J rim -
PARTICULARS OF NEW APPLICANTS FOR NEW CERTIFICATES
AND TRANSFERS.

Parish Names of Applicants Occupation Residence Situation of
Premises

St. George & *0. D. Brisbane & Commission Kingstown Murray's Rd.
St. Andrew Sons Agents
*McConnie Yammie Shopkeeper Kingstown Kingstown

Cornelius Jones Kingstown Kingstown
Park Park
*Hermine Cooke ,, Chauncey Chauncey

*Eugene Bonadie ,, Kingstown Kingstown

Arthur Samuel ,, Upper Stubbs Upper Stubbs

Benjamin Peniston ,, Peniston Peniston

Charlotte Frederick Cedars Cedars
OU1ivierre
St. Patrick *Selwyn Connell .,, Barrouallie Barrouallie

St. David *Lee Roberts ,, Rose Bank Rose Bank

Grenadines *Clovis Derrick ,, Paget Farm Paget Farm
(Bequia) -
Transfers
TrfL. G. E. K. LEWIS,
Magistrate.
Magistrate's Chambers,
Kingstown,
St. Vincent,
25th May, 1962.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OPPICB,
KINGSTOWN, ST. VINCENT.
[ Price 30 cents. ]







STATUTORY INSTRUMENTS


1962 No. 1084

CARIBBEAN AND NORTH ATLANTIC
TERRITORIES

The West Indies (Dissolution and Interim
Commissioner) Order in Council 1962

Made 23rd May, 1962
Laid before Parliament 28th May, 1962
Coming into Operation 29th May, 1962
At the Court at Buckingham Palace, the 23rd day of May, 1962

Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the powers conferred upon Her by the
West Indies Act 1962 (a) and of all other powers enabling Her
in that behalf, is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows:-

1.-(1) This Order may be cited as the West Indies (Dis- Citation and
solution and Interim Commissioner) Order in Council 1962. commence-
ment.
(2) This Order shall come into operation on 29th May 1962.

2.-(1) In this Order, unless the context otherwise Interpreta-
requires--"the Commissioner" means the person holding the tion.
office of Commissioner established by article 4 of this Order and
includes any person performing the functions of that office
under article 5 of this Order;
"the General Fund" means the fund established by
article 11 of this Order;
"the Federation" means the Federation of the West
Indies;
"the Territories" means the following territories (with
their respective dependencies, if any), that is to say, the
Colonies of:-
(a) Antigua,
(b) Barbados,
(c) the Cayman Islands,
(d) Dominica,
(a) 10 & 11 Ellz. 2. c. 19.


z3 /S,-







(e) Grenada,
(f) Jamaica,
(g) Montserrat,
(h) Saint Christopher, Nevis and Anguilla,
(i) Saint Lucia,
(j) Saint Vincent,
(k) Trinidad and Tobago, and
(1) the Turks and Caicos Islands;
and "Territory" means any of the territories aforesaid.
(2) The Interpretation Act 1889(b) shall apply, with the
necessary adaptations, for the purpose of interpreting this Order
and otherwise in relation thereto as it applies for the purpose
of interpreting, and in relation to, Acts of Parliament.

Dissolution 3.-() The Federation and, with it, the Federal Govern-
of the ment, the Federal Legislature, the Federal Supreme Court and
Federation, the other Federal authorities established by the Constitution
annexed to the West Indies (Federation) Order in Council 1957
(a) shall be dissolved on such day (hereinafter referred to as
"the appointed day") as the Commissioner may, by proclama-
tion, appoint; and accordingly that Constitution shall cease to
have effect on that day.
(2) Section 38 (2) of the Interpretation Act 1889 shall
apply to the cesser of the said Constitution as it applies to the
repeal of an Act of Parliament.

Establish- 4.-(1) There shall be a Commissioner for the Territories,
ment of who shall be appointed by Her Majesty by instructions given
office of through a Secretary of State.
Commis- (2) The Commissioner shall hold office during Her Majesty's
sioner. pleasure and shall receive such emoluments and allowances,
which shall be paid out of the General Fund,- and shall have
such other conditions of service as Her Majesty may direct by
Instructions given through a Secretary of State.

Performance 5.-(1) If the office of Commissioner is vacant or the Com-
of functions missioner is absent from the Territories or is for any reason
of Commis- unable to perform the functions of his office, those functions
sooner during may be performed by such person or persons as may be desig-
vacan, etc. nated by Her Majesty by instructions given through a Secretary
vacancy, of State.
(2) The Commissioner shall not, for the purposes of this
article, be regarded as absent from the Territories or as unable
to perform the functions of his office by reason only that he
is in passage between any of the Territories.

Corporate 6. The Commissioner shall be a corporation sole having
status of perpetual succession with the style of "the Interim Commis-
Commis- sioner for the West Indies" and shall have an official seal and
sioner. 9 be capable of purchasing or otherwise acquiring, holding an
(a) S.I. 1957/1364 (1957 I, p. 202). (b) 52 & 53 Vict. c. 63.







alienating movable or immovable property and, save as other-
wise provided by regulations made under this Order, of doing
all such acts as corporations sole may lawfully do.

7. The Commissioner shall, subject to the provisions of this C'ommis-
Order or of any other law whereby functions are conferred upon sioner to
him, perform his functions in accordance with such instructions, comply with
if any, as Her Majesty may from time to time see fit to give instructions
him; but the question whether he has in any matter complied from Her
with such instructions shall not be enquired into in any court. Majesty.

8.-(1) As from the appointed day the Commissioner shall- Commis-
(a) take over and continue or administer for the benefit sioner's
of the Territories the services specified in schedule 1 to this functions.
Order;
(b) be responsible for the payment of pensions, gratuities
and other like benefits granted before the appointed day in
respect of service in the public service of the Federation;
(c) be responsible for the winding up of any service admin-
istered or provided by the Federal Government Immediately
before the appointed day that is not a service specified in
schedule 1 to this Order; and
(d) be responsible for doing such other things as may
appear to him to be necessary or expedient in consequence of
the dissolution of the Federation or to be incidental thereto.
(2) The Commissioner shall have such other functions as
may be conferred upon him by virtue of the exercise of the
powers conferred by article 16 (1) (b) of this Order.
(3) Notwithstanding anything in paragraph (1) (a) of this
article ti-e Commissioner may, in pursuance of instructions in
that behalf given to him by Her Majesty, terminate any service
taken o;ve by him under that paragraph.

9.-(1) The Commissioner may, with the approval of a Power to
Secretary of State, make laws (which shall be styled "Regula- make regu-
tions") for the Territories, for any of the following purposes:- lations.
(a) regulating legal proceedings by and against the Com-
missioner;
(b) determining the emoluments, and other terms and
conditions of service of persons in the service of the
Commissioner;
(c) the grant of pensions, gratuities and other like bene-
fits in respect of service in the service of the Com-
missioner or in the public service of the Federation;
(d). the levying of income tax on emoluments and allow-
ances (including pensions, gratuities and other like
benefits) payable out of the General Fund or any
other fund of the Commissioner or paid or payable








out of the public funds of the Federation in or in
respect of the period beginning on 1st January 1962
and ending at the beginning of the appointed day.
(2) Regulations made in pursuance of paragraph (1) (c) of
this article for the grant of any pension, gratuity or other like
benefit to any person shall be not less favourable to that per-
son than the law, if any, applicable on the date on which this
Order comes into operation to the grant to that person of any
pension, gratuity or other like benefit in respect of service of
his, or that of another's, in the public service of the Federation.

10.-(1) For the purposes of this Order and subject to
the provisions of this Order and of any regulation made there-
under, the Commissioner, or any person authorised in that
behalf by the Commissioner, shall have power, in the name
and on behalf of Her Majesty, to-
(a) constitute such offices as may lawfully be constituted
by Her Majesty and abolish any office so constituted;
(b) make appointments to any office so constituted; and
(c) dismiss any person so appointed, or suspend him from
performing the functions of his office or take suc'i
other disciplinary action in relation to him as may be
necessary.
(2) A person appointed to an office constituted under this
article shall, unless it is otherwise provided by regulation made
under this Order, hold office during Her Majesty's pleasure.

11.-(1) There shall be a General Fund into which all
moneys received by the Commissioner shall, save as otherwise
provided by this Order or any regulation made thereunder, be
paid.
(2) No moneys shall be paid out of the General Fund or
any other fund of the Commissioner save under the authority
of a warrant under the hand of the Commissioner or a person
authorised in that behalf by the Commissioner.

12.-(1) There shall be payable by the Governments of the
Territories towards defraying expenses incurred by the Com-
missioner in performing his functions such sums as may from
time to time be prescribed by the Commissioner, by order made
with the approval of a Secretary of Stale, and each of those
Governments shall pay such proportion of those sums as Her
Majesty may direct by instructions given through a Secretary
of State.
(2) Any sum payable by the Government of a Territory
under this article shall be a charge upon the revenues of that
Territory.


Constitution
of offices,
etc.


Establish-
ment of
General
Fund.






Payments
to the
Commis-
sioner from
Territories.








13.-(1) All property (including rights) vested immediately
before the appointed day in the Government of the Federation
or in any person or authority on behalf of that Government
shall, on the appointed day, vest in the Commissioner.
(2) All liabilities incurred by or on behalf of the Gov-
ernment of the Federation and subsisting immediately before
the appointed day shall, as from that day, have effect as if they
had been incurred by or on behalf of the Commissioner.
(3) Any contract made by or on behalf of the Government
of the Federation before the appointed day shall, as from the
appointed day, be construed with such modifications and
adaptations as may be necessary to give effect to the foregoing
provisions of this article; and, for the removal of doubts, the
Commissioner may by order declare in what manner references
in any such contract to any officer or authority of the Federa-
tion shall be construed in pursuance of this paragraph.
(4) Without prejudice to the generality of the foregoing
provisions of this article but subject to any regulations made
under this Order, the Commissioner shall have the like rights,
powers and remedies (including in particular rights and powers
as to the taking or resisting of legal proceedings) for ascertain-
ing, perfecting or enforcing any rights or liabilities vested in
or attaching to him by virtue of this article as if they had at all
times been rights or liabilities of the Commissioner.
(5) Subject to any regulations made under this Order, all
civil proceedings commenced before the appointed day in any
Court (other than the Federal Supreme Court) in or having
jurisdiction in any Territory by or against Her Majesty in right
of the Govenment of the Federation or that Government or any
other authority of the Federation or any officer thereof in his
official capacity may be continued by or against the Commis-
sioner, and any such proceeding may be amended accordingly.

14.-(1) Any person who immediately before the appointed
day holds an office in the public service of the Federation shall
on that day become an officer in the service of the Commis-
sioner.
(2) This article does not apply to any person who immedi-
ately before the appointed day holds office as a judge of the
Federal Supreme Court or as a registrar, officer or servant of
that Court or as a Minister of the Government or a member of
the Legislature of the Federation.

15.-(1) All laws, not being laws to which the next follow-
ing article applies, that are in force immediately before the
appointed day shall remain valid after the beginning of that
day as respects each Territory notwithstanding the dissolution
of the Federation.


Transfer of
assets and
liabilities of
the Federa-
tion.


Transfer of
officers of
Federation.


Continua-
tion and
adaptation
of laws
other than
federal laws.








(2) The laws mentioned in the first column of schedule 2
to this Order shall have effect after the beginning of the
appointed day subject to the adaptations and modifications
respectively specified in relation to those laws in the second
column of that schedule.
(3) All appointments, orders, directions and regulations
made by the Governor-General of the Federation under the
Vndward Islands and Leeward Islands (Courts) Order in
Council 1959 (a) and having effect immediately before the
appointed day shall continue to have effect after the beginning
of that day as if they had been made under that Order as
adapted and modified by schedule 2 to this Order.
(4) (a) The Governor or Administrator of any Territory
may, by order made at any time within a period of one year
ccmmencing with the coming into operation of this Order,
n- ake, as respects that Territory, such adaptations and modifi-
cations in any law to which this paragraph applies as he thinks
necessary or expedient in view of the dissolution of the Fed-
eration.
(b) The laws to which this paragraph applies are laws
enacted by any legislature in the Territories and instruments
ir.de by virtue of any such law that have effect in any Terri-
t :y after the beginning of the appointed day by virtue of para-
g aph (1) of this article.
(5) Refcrences in this article to the Governor-General
o the Federation or the Governor or Administrator of any
T -rritory shall be construed as including references to any per-
E' n performing, under and to the extent of any authority in
t _at behalf, the functions of that office.

16.-(1) The Commissionor may, by order, as respects each
Continua- c- the Territories-
tion and
adaptation (a) determine the laws, being laws to which this article
oc federal cppiics, which afteti the beginning of the appointed
laws. cay rec to remain valid as respects that Territory
notwithstanding the dissolution of the Federation; and
(b) adapt or modify, to such extent as he thinks necessary
or expedient in view of the dissolution of the Feder-
ation, any laws having effect therein after the begin-
ning of the appointed day by virtue of an exercise of
the power conferred by the foregoing sub-paragraph.
(2) The laws to which this article applies are laws enacted
by the Legislature of the Federation (including regulations
deemed to be so enacted by virtue of section 2 (3) of the West
Indies (Federation) Order in Council 1957) and instruments
made by virtue of any such law that are in force in any Terri-
tory immediately before the appointed day,
(a) 8.I. 1959/2197 (1959 I, p. 563).





7

(3) Where any law to which this article applies ceases to
have effect as respects any Territory on the appointed day, sec-
tion 38 (2) of the Interpretation Act 1889 shall apply to the
cesser of that law as it applies to the repeal of an Act of Parlia-
ment.

17. Nothing in the two last foregoing articles shall be con- Saving for
strued as affecting the provisions of articles 12 and 13 of the provisions
British Caribbean Court of Appeal Order in Council 1962 (b) or of British
as applying to any law referred to in either of those articles. Caribbean
Court of
Appeal
Order.

W. G. Agnewo.

(b) S.I. 1962/








SCHEDULE 1 (Article 8 (1))
SERVICES TO BE TAKEN OVER BY THE COMMISSIONER
The West Indies Meteorological Service.
The West Indies Statistical Office.
Advisory Services provided by the Federation immediately
before the appointed day in relation to agriculture, marketing,
animal husbandry, fisheries, education, public health and engin-
eering.
The West Indies Students' service in the United Kingdom.
The West Indies Migrants' Service -in the United Kingdom.
The Commission for the West Indies in Canada.
The West Indies Students' Service in the United States of
America.
Services provided by the Federation immediately before the
appointed day by way of the making of payments on behalf
of the Territories to any institution or organisation.


SCHEDULE 2 (Article 15 (2))
Law Modification or adaptation
The Jamaica Section 1
(Constitu- The deletion from subsection (1) of the defi-
tion) Order nations of "the Federal Constitution", "the Fed-
in Council eral Legislature" and "the Federation".
1959(a).
Section 12
The deletion from subsection (2) of the words
"other than a law of the Federal Legislature".
Section 26
The deletion of the words "of the West Indies
(Federation) Order in Council, 1957, and".
Section 37
The insertion at the end of paragraph (a) of
the proviso to subsection (3) of the following
new sub-paragraph:-
"(iii) to be likely to prejudice the defence of
Jamaica or of any other part of Her Majesty's
dominions; or".
Section 63
The substitution for the words "to any court
constituted for the Federation" in subsection (4)
of the words "having jurisdiction in Jamaica",
The deletion of subsecton (5).

(a) S.I. 1959/862 (1959 I, p. 410).








The Turks
and Caicos
Islands
(Constitu-
tion) Order
in Council
-1959(b) and
the Cayman
Islands
(Constitu-
tion) Order
in Council
1959(c).




The Consti-
tution
annexed to
the Trini-
dad and
Tobago
(Constitu-
tion) Order
in Council
1961(d).


Section 57
The substitution for the words "Federal
Supreme Court of The West Indies" in para-
graph (a) of subsection (2) of the words "the
British Caribbean Court of Appeal".







Section 60
The deletion from subsection (3) of the words
"other than a law enacted by the Federal Legis-
lature of The West Indies".
Article 9
The deletion from paragraph (3) of the words
"ether than a law of the Federal Legislature",







Article 25
The deletion of the words "the West Indies
(Federation) Order in Council, 1957, and ".
Article 36
The insertion at the end of the proviso to
paragraph (3) of the following new sub-para-
graph:-
"(d) to be likely to prejudice the defence of
the Territory or of any other part of the -Com-
monwealth".
Article 63
The substitution for the words "to the Federal
Supreme Court of the West Indies" in para-
graph (5) of the words "having jurisdiction in
the Territory".
The deleton of paragraph (7).


Article 90
The deletion from paragraph (1) of the defi-
nition of "the Federal Constitution".

(b) S.I. 1959/864 (1959 I. p. 533).
(c) S.I. 1959/863 (1959 I, p. 325). (d) S.I. 1961/1192.








The Dominica Section 2
(Constitu- The deletion from subsection (1) of the deft-
tion) Order nations of "the Federal Constitution", "the Fed-
in Council eral Legislature" and "the Federation".
1959(a).
Section 6
The substitution for the words in subsection
(4) beginning "in the interests of" and ending
"or any part thereof" of the following para-
graphs:-
"(a) in the interests of the defence of Dom-
inica or any other part of Her Majesty's domin-
ions;
"(b) in the interests of the regulation of
relations between Dominica and any other coun-
try or any international organization, including
the discharge of the obligations of Her Majesty
towards any such country or organization;
(c) in the interests of maintaining law and
order in Dominica or any other part of Her
Majesty's dominions; or
(d) in order to maintain the efficiency of the
Judiciary or the Public Service or any part
thereof: ".
Section 9
The deletion from subsection (2) of the words
"other than a law of the Federal Legislature".
Section 17
The insertion immediately after the words
"responsibility for" in the proviso to subsection
(1) of the words "defence, external affairs,".
Section 22
The insertion immediately after the words
"constituted for" in subsection (4) of the words
"or having jurisdiction in", and the deletion
from that subsection of the words "or the Fed-
eration".
The deletion of subsection (5).
Section 33
The deletion of the words "of the West Indies
(Federation) Order in Council, 1957, and".


(a) S.I. 1959/2199 (1959 I, p. 350).















The Grenada
(Constitu-
tion) Order
.in Council
1959(a);
the Saint
Lucia
(Constitu-
tion) Order
in Council
1959(b);
and the
Saint
Vincent
(Constitu-
tion) Order
in Council
1959(c).


Section 41
The insertion at the end of paragraph (a) of
the proviso to subsection (2) of the following
new sub-paragraph:-
"(lii) to be likely to prejudice the defence
of Dominica or of any other part of Her
Majesty's dominions; or".
The same modifications and adaptations as
are specified in this Schedule in relation to the
Dominica (Constitution) Order in Council 1959,
except that for references to Dominica in those
modifications and adaptations there shall be
substituted respectively references to Grenada,
Saint Lucia and Saint Vincent.


The Saint Article 6
Christ- The substitution for the words in paragraph
opher, (4) beginning "in the interests of" and ending
Nevis and "or any part thereof" of the following sub-
Anguilla paragraphs:-
Letters
Patent "(a) in the interests of the defence of the
1g59(d). Territory or any other part of Her Majesty's
dominions;
"(b) in the interests of the regulation of
relations between the Territory and any other
country or any international organization,
including the discharge of the obligations of
Her Majesty towards any such country or
organization; .
(c) in the interest of maintaining law and
order in the Territory or any other part of
Her Majesty's dominions; or
(a) S.I. 1959/2200 (1959 I, p. 380).
(b) S.I. 1959 II, p. 3408.
(c) S.I. 1959/2201 (1959 I, p. 479).
(d) S.I. 1959 II, p. 3397.





















The Antigua
Letters
Patent
1959(e),
and the
Montserrat
Letters
Patent
1959(f).


The Saint
Christ-
opher,
Nevis and
Anguilla
Constitu-
tion and
Elections
Ordinance
1952, as
amended;
the Anti-
gua Consti-
tutibn and
Elections
Ordinance
1951, as
amended;
and the
Montserrat
Constitu-
tion and
Elections
Ordinance
1952, as
amended.


(d) in order to maintain the efficiency of
the Judiciary or the Public Service or any
part thereof:".
Article 9
The deletion from paragraph (2) of the words
"other than a law of the Federal Legislature
established by the Constitution of the West
Indies".
Article 17
The insertion immediately after the words
"responsibility for" in the proviso to paragraph
(1) of the words "defence, external affairs,".
The same modifications and adaptations as
are specified in this Schedule in relation to the
Saint Christopher, Nevis and Anguilla Letters
Patent 1959, except that for references to the
Territory therein there shall be substituted
respectively references to Antigua and Mont-
serrat.



Section 28 of each Ordinance
The deletion of the words "of the West Indies
(Federation) Order in Council, 1957, and".
Section 33 of each Ordinance
The insertion at the end of paragraph (a) of
the proviso to subsection (2) of the following
new sub-paragraph:-
"(iii) to be likely to prejudice the defence
of the Colony or any part of Her Majesty's
dominions; or".


(e) S.I. 1959 II, p. 3359.
(f) S.I. 1969 II, p. 3386.








The Barbados
Letters
Patent
1914(a).


'The Leeward
Islands
(Emer-
gency
Powers)
Order in
Council
1959(b).











The Wind-
ward
Islands
and Lee-
ward
Islands
(Courts)
Order in
Council
1959(c).


The insertion at the end of Clause XIIA (as
inserted by the Barbados Letters Patent 1961)
of the following new paragraph:-
"(f) to be likely to prejudice the defence
of the Island or of any other part of Her
Majesty's dominions."
The insertion immediately after subsection (3)
of section 3 of the following subsections:-
"(4) A law made under this section shall
have effect notwithstanding the provisions of
any other enactment applying to the Colony
or any rule of law having effect therein.
(5) A law made under this section shall
(unless previously revoked) expire at the end
of the period of emergency during which it
was made unless provision for its continuance
in force (with or without modification) is
made by the Legislature of the Colony.
(6) Upon the revocation or expiry of a law
made under this section, section 38 (2) of the
Interpretation Act 1889 shall apply as if that
law were an Act of Parliament which had
then been repealed by another such Act."

Section 2
The deletion from subsection (1) of the defi-
nitions of "the Federal Constitution", "the
Federal Supreme Court" and "the Governor-
General".
The deletion of subsection (5).
The deletion from subsection (7) of the words
"the Governor-General or".


Section 3
The substitution for the words "the Governor-
General, after consultation with the Admin-
istrators of the Colonies to which this Order
applies" in subsection (2) of the words "a Sec-
retary of State".
The substitution for the words "the Governor-
General" in subsection (3) of the words "a
Secretary of State".

Section 4
The substitution for the words "the Governor-
General after consultation with the Chief Justice
of the Federation" in subsection (1) of the
words "a Secretary of State".
(a) S.R. & 0. and S.I. Rev. III, p. 51.
(b) S.I. 1959/2206 (1959 I, p. 561).
(c) S.I. 1959/2197 (1959 I, p. 563).





I4

The substitution for the words "the Governor-
General acting on the recommendation of the
Judicial and Legal Service Commission" in sub-
section (2) of the words "the Judicial and Legal
Service Commission with the approval of a Sec-
retary of State".
The deletion of subsection (4).
Section 5
The substitution for the words "the Governor-
General" wherever they occur in subsection (1)
of the words "a Secretary of State" and the
deletion from that subsection of the words "act-
ing after consultation with the Chief Justice of
the Federation".
The substitution for the words "the Governor-
General" wherever they occur in subsection (2)
of the words "the Chief Justice", and the substi-
tution for the words "acting in accordance with
the advice of the Chief Justice of the Supreme
Court" in that subsection of the words "with
the approval of a Secretary of State".
The substitution for the words "the Governor-
General" in subsection (3) of the words "a Sec-
retary of State, or, in the case of a person
appointed to act as a Puisne Judge, the Chief
Justice".
Section 6
The substitution for the words beginning "the
Governor-General" and ending "Commission" in
the proviso to paragraph (a) of subsection (1)
of the words "a Secretary of State, in the case
of the Chief Justice, and the Judicial and Legal
Service Commisision, in the case of a Puisne
Judge".
The substitution for the words "the Governor-
General in subsection (2) of the words a Secre-
tary of State, in the case of the Chief Justice,
and to the Chief Justice, in the case of a Puisne
Judge".
The substitution for the words "the Governor-
General, by order under the public seal of the
Federation" in subsection (4) of the words "a
Secretary of State" and the deletion from that
subsection of the words "at the request of the
Governor-General made in pursuance of the
next following subsection".
The substitution for the words beginning "If
the Chief Justice" and ending "represents to the
Governor-General" in subsection (5) of the
words "If a Secretary of State considers"; the








substitution for the words "the Governor-
General" wherever they occur in paragraph (a)
of that subsection and where they first occur
in paragraph (b) of that subsection of the words
"the Secretary of State"; the substitution for
the words beginning "recommend" and ending
"Her Majesty" in the said paragraph (b) of the
words "shall state whether, in the opinion of the
tribunal, there are grounds for referring the
question of the removal of that judge from
office"; and the deletion of the word "and" at
the end of the said paragraph (b) and the
whole of paragraph (c) of that subsection.
The substitution for the words beginning "the
Governor-General" and ending "may" in sub-
section (7) of the words "a Secretary of State
may".
The substitution for the words "the Governor-
General, acting in accordance with the advice
of the Clief Justice of the Federation or of the
Supreme Court (as the case may be)" in sub-
section (8) of the words "a Secretary of State",
and the deletion of paragraph (a) of that sub-
section.
Section 7
The deletion of subsection (2).
Section 9
The substitution for the words "the Governor-
General" in paragraph (a) of subsection (3) of
the words "tne U mef Justice", and the substi-
tution for the woras "acting in accordance with
the advice of the Chief Justice of the Supreme
Court" in mnat paragraph of tne words "with the
approval of a becietaiy of State".
Section 17
The substitution for the words "the Federal
Supreme Court" in subsection (1) and the mar-
ginal note of the words "the British Caribbean
Court of Appeal", and the substitution for the
words "law made under the Federal Constitution
or under the Virgin Islands (Appeals) Order in
Council 1957" in that subsection of the words
"other law".
Sections 18, 21 and 22
The substitution for the words "the Governor-
General" wherever they occur of the words "a
Secretary of State". ,








Section 23
The substitution for the words "the Governor-
General, or some other person authorised by the
Governor-General" in subsection (1) of the
words "a person authorised by a Secretary of
State".
The substitution for the words "the Governor-
General" in subsection (2) of the words "a
Secretary of State".
Section 26
The substitution for the words "Federal
Justices of the Federal Supreme Court" in para-
graph (b) of subsection (1) of the words
"Justices of Appeal of the British Caribbean
Court of Appeal"; the substitution for the words
"the Governor-General" wherever they occur
in the section of the words "a Secretary of
State"; and the deletion of the words "acting.
on the recommendation of the Chief Justice of
the Supreme Court" in paragraph (d) of sub-
section (1).
Section 27
The substitution for the words "The Gov-
ernor-General, acting on the recommendation
of the Commission" in subsection (2) of the
words "The Commission, with the approval of
a Secretary of State".
The Second Schedule
The insertion at the end of the following
paragraphs:-
"3. References to the Governor-General, the
Attorney-General and the Federal Supreme
Court shall be construed as if they were
references respectively to a Secretary of State,
the Ch'airman of the Commissioners and the
Supreme Court.
4. Subsection (1) of section 16 shall apply
as if for all the words after the word "amounts"
there were substituted the words "payable to
witnesses summoned to attend a criminal trial
before the Supreme Court".
The Geneva In sub-paragraph (1) of paragraph 6 of the
Conven- Second Schedule, the deletion from paragraph
tions Act (b) of the proviso to the definition of Governor
(Colonial of the words "or The West Indies" and "or of
Territories) The West Indies, as the case may be".
Order in
Council
199 (a).

(a) 8.1 1959/1301 (1958 I, p. 1437),






17

EXPLANATORY NOTE

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

This Order provides for the dissolution of the Federation of the
West Indies on a day to be appointed under article 3 and for matters
consequential upon the dissolution, including the appointment of an
Iterrmin Commissioner for the West Indies and the administration by
him of certain services formerly administered by the Government of
the Federation and the transfer to him of assets and liabilities of the
Federation.


PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 68 cents. 1
1962.







STATUTORY INSTRUMENTS

1962 No. 1085

CARIBBEAN AND NORTH ATLANTIC
TERRITORIES

The West Indies (Retirement and Compensation)
Order in Council 1962


Made -
Laid before Parliament
Coming into Operation


23rd May 1962
29th May 1962
1st June 1962


At the Court at Buckingham Palace, the 23rd day of May 1962

Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by
section 3 of the West Indies Act 1962(a) and all other powers
enabling Her in that behalf, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows:-
1.-(1) This Order may be cited as The West Indies (Retire-
ment and Compensation) Order in Council 1962.
(2) This Order shall come into operation on the 1st June 1962.
2. The Interpretation Act 1889(b) shall apply, with the neces-
sary adaptations, for the purpose of interpreting this Order and
otherwise in relation thereto as it applies for the purpose of
interpreting, and in relation to, Acts of Parliament.
3. The provisions contained in the Schedule to this Order
shall have effect in relation to officers in the service of the Com-
missibner appointed under article 4 of the West Indies (Dissolu-
tion and Interim Commissioner) Order in Council 1962 (c) who
immediately before commencing such service were in the public
service of the Federation of The West Indies, and to the persons
holding the office of judge of the British Caribbean Court of
Appeal and the registrars, officers and servants of that Court,
being persons who were immediately before their appointments
to those offices-
(a) officers in the public service of the Federation; or
(b) officers in the service of the Commissioner having been
transferred thereto from the public service of the Federation,
(a) 10 & 11 Eliz. 2. c. 19. (b) 52 & 53 Vict. c. 63. (c) S. I. 1962/
'^2)?^

5/4I- S


Citation and
commence-
ment.

Interpretation.



Application
of Schedule.







as if the judges, registrars, officers and servants of that Court
were officers in the service of the Commissioner and their offices
in the Court were offices in the service of the Commissioner:
Provided that the Commissioner shall not give any notification
under paragraph 4 of the Schedule to this Order to any person
who holds the office of a judge of that Court without the approval
of a Secretary of State.

W. G. Agnew.


THE SCHEDULE


Section 3


Scheme for the retirement of certain officers who were imme-
diately before the 31st May 1962 in the public service of the
Federation of The West Indies and for the payment of compen-
sation and retiring benefits to such officers.

PART I-GENERAL
1.-(1) In this Schedule, unless the context otherwise requires-
"appropriate law" in relation to any person in the service of
the Commissioner means the law (however styled) that gov-
erns the grant of pensions, gratuities and other like benefits
in respect of the service of that person in the service of the
Commissioner;
"Commissioner" means the Commissioner appointed under
article 4 of the West Indies (Dissolution and Interim Com-
missioner) Order in Council 1962;
"the Constitution of The West Indies" means the Constitu-
tion contained in the Annex to The West Indies (Federation)
Order in Council 1957(a);
"the Federation" means the Federation of The West Indies
established by The West Indies (Federation) Order in Council
1957;
"officer" means a person who is in the service of the Com-
missioner and who, immediately before commencing such ser-
vice, was the substantive holder of a pensionable office in the
public service of the Federation;
"operative date" means the 1st June 1962;
"overseas officer" means an officer who is a member of Her
Majesty's Overseas Civil Service or Her Majesty's Overseas
Judiciary or who was on the operative date a designated officer
for the purposes of the Overseas Service (The West Indies)
Agreement 1962;
"pensionable emoluments" means emoluments that may be
taken into account in computing the pension of an officer
under the appropriate law;
"pensionable service" means the aggregate amount of service
that may be taken into account for the purpose of computing
the pension of an officer under the appropriate law;


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


Interpreta-
tion.







"substantive holder" in relation to any office includes a per-
son serving in thatoffice on probation but does not include a
person (other than a person serving under a probationary
agreement) serving in that office for a specific term under
contract, or on secondment from other public service;
"Territory" means each of the colonies mentioned in article
1 of the Constitution of The West Indies;
"Tribunal" means the Tribunal established under paragraph
2 of this Schedule.
(2) References in this Schedule to any Act of the Legislature
of the Federation or to any regulations made thereunder are
references to that Act or those regulations as modified by or
under the provisions of the West Indies (Dissolution and Interim
Commissioner) Order In Council 1962.
(3) Expressions used in this Schedule shall, unless a contrary
intention appears, have the meanings respectively assigned to
them under the appropriate law.

2.-(1) For the purposes of this Schedule, the Secretary of Appeals
State shall appoint a Tribunal which shall consist of a Chairman Tribunal.
and three other members selected in accordance with the provi-
sions of sub-paragraphs (2) and (3) of this paragraph.
(2) No person shall be qualified to be appointed as a member
of the Tribunal if he is a member of the Legislature of any
Territory or if he holds or is acting in any public office.

(3) (a) Two members of the Tribunal shall be selected from
a list of persons to which the Governor of each Territory may
nominate one person.
(b) One member of the Tribunal shall be selected from a list
of three persons submitted by the Federal Public Service Asso-
ciation of The West Indies.
(4) (a) If any member of the Tribunal is temporarily unable
to perform his functions the Secretary of State may appoint a
person who is qualified for appointment to act as a member of
the Tribunal during such period as he shall fix.
(b) If the member who is temporarily unable to perform his
functions was selected in accordance with sub-paragraph (3) of
this paragraph, the person appointed to act during his incapacity
shall be selected from the list referred to in sub-paragraph (3)
(a) or sub-paragraph (3) (b) of this paragraph as the case may
require.
(5) The Tribunal shall have and exercise such duties and
powers as are conferred on it by or under this Schedule.
(6) All questions decided by the Tribunal shall be decided by a
majority of the votes of all the members and in the event of an
equality of votes, the Chairman shall have and exercise a casting
vote.
(7) The members of the Tribunal shall receive such remun-
eration and allowances as the Commissioner shall fix.







(8) For the purposes of this paragraph-
"Governor" in relation to Territories other than Barbados,
Jamaica and Trinidad and Tobago, means the Administrator
of the Territory;
"public office" means an office in the service of the Com-
missioner or in the service of the Crown in respect of the
Government of a Territory, but does not include office as a
member of a Public Service Commission, a Judicial Service
Commission, a Judicial and Legal Service Commission or a
Police Service Commission of a Territory or any body with
like functions established for a Territory.
PART II-PENSIONABLE OFFICERS
Special 3. In this Part of this Schedule-
definitions.
enitons. "an officer's former office" means the office in the public
service of the Federation of which he was the substantive
holder immediately before the operative date;
"redundancy date" means, in relation to an officer, the date
notified to him by the Commissioner pursuant to paragraph 4
of this Schedule and where such date has been varied, the
date last notified by the Commissioner.
Redundancy 4.-(1) The Commissioner shall, as soon as practicable, notify
date. each officer in writing of the date beyond which his services will
no longer be required by the Commissioner.
(2)'In the exercise of his power under sub-paragraph (1) of
this paragraph the Commissioner may, at any time before the
redundancy date fixed in relation to an officer, vary such date.
Date of 5.-(1) Subject to the provisions of this Part of this Schedule,
retirement. every officer shall, provided that he has not previously ceased
to be in the service of the Commissioner, retire from the service
of the Commissioner on the expiry of such period of leave as is
granted to him under the next following sub-paragraph of this
paragraph.
(2) An officer shall, upon his redundancy date, be granted the
full period of vacation leave for which he is then eligible and, if
such period of vacation leave is less than three months, he shall
be granted such additional period of leave as will ensure that he
is able to proceed on that date on three months' leave on full
pensionable emoluments.
Special 6.-(1) Every officer whose retirement has taken place pur-
benefits. suant to the last foregoing paragraph may, subject to the pro-
visions of this Part of this Schedule, be granted-
(a) such pension as may under the appropriate law be granted
to him; or
(b) a reduced pension equal to three-quarters or any greater
fraction of that pension together with a gratuity equal to
the amount by which that pension is reduced multiplied by
the factor set out in Table I of the Annex to this Schedule
that is appropriate to the age of the officer at the date of
his retirement; and







(c) at his option, exercisable not later than three months after
his redundancy date, either-
(i) an additional pension or a reduced additional pension
together with a gratuity calculated in accordance with
the provisions of sub-paragraph (4) of this paragraph;
or
(ii) compensation assessed in accordance with the provi-
sions of the Annex to this Schedule:
Provided that the Commissioner may, in respect of any officer,
extend the period within which the option under this sub-para-
graph may be exercised.
(2) For the purposes of this paragraph an officer shall be
deemed to be eligible for the grant of a pension under the appro-
priate law notwithstanding-
(a) that he may have retired before attaining the age specified
in the appropriate law as qualifying him for the grant of a
pension:
(b) that he may not have completed at the date of his retire-
ment the period of qualifying service required by the appro-
priate law to render him eligible for the grant of a pension;
(c) that, being an officer on probation, he has not been con-
firmed in a pensionable office.
(3) Where an officer who retires from the service of the Com-
missioner pursuant to paragraph 5 of this Schedule is granted
by any government or authority that is a Scheduled Administra-
tion for the purposes of the appropriate law both a pension and
a gratuity, having elected to receive that pension and that gra-
tuity in lieu of a pension of greater amount, he may be granted
(in addition to any gratuity that may be granted to him under
sub-paragraph (1) (b) of this paragraph) a gratuity equal to
the amount (if any) by which the amount produced by-
(a) subtracting the annual amount of the pension granted to
him by the Scheduled Administration from the annual
amount of the pension that would have been granted to him
by that Administration had he not elected to receive the
gratuity granted to him by the Scheduled Administration;
and
(b) by multiplying the resulting amount by the appropriate
factor set out in Table I of the Annex to this Schedule,
exceeds the amount of the gratuity granted to him by the Sche-
duled Administration.
(4) (a) An additional pension payable under the provisions of
sub-paragraph (1) (c) (i) of this paragraph shall be calculated
at the annual rate of one one-hundred and eightieth part of the
officer's annual pensionable emoluments for each completed period
of one year of pensionable service, and the officer may be
granted--
(i) that additional pension; or
(ii) a reduced additional pension equal to three-quarters or
any greater fraction of that additional pension together with
a gratuity equal to the amount by which that additional







pension is reduced multiplied by the factor set out in Table I
of the Annex to this Schedule appropriate to the age of the
officer at the date of his retirement:
Provided that-
(i) the additional pension shall not exceed thirty one-hundred
and eightieth such parts; and
(ii) the additional pension together with the remainder of the
officer's pension shall not exceed the pension for which he
would have been eligible if he had continued to hold the
office held by him immediately before the operative date, and
retired on reaching the age of sixty years, having received all
the increments for which he would have been eligible by that
date.
(b) Where the officer's total period of pensionable service in-
cludes a fraction of a year, the additional pension payable in
respect thereof shall be calculated pro rata in respect of the
completed months of service comprised in the fraction.
(5) Any award made pursuant to this paragraph shall be in
lieu of any other award which could have been made pursuant
to the provisions of the appropriate law.
Officers 7.-(1) The provisions of paragraph 6 of this Schedule shall
offered not apply to an officer, other than an overseas officer, who is
alternative offered, within two months after his redundancy date, an alter-
appoint- native appointment on transfer to other public service, which is
ments. for the purposes of this Schedule deemed to be either a com-
parable or a reasonable alternative appointment.
(2) Subject to the provisions of sub-paragraph (3) of this
paragraph, an officer who declines an offer of a comparable or
a reasonable alternative appointment in other public service as
aforesaid, shall, upon his retirement from the service of the
Commissioner, be deemed to have retired as a consequence of
the abolition of his office:
Provided that in lieu of any additional pension which he may
be granted under the appropriate law upon his retirement on
abolition of office, he may be granted an additional pension
calculated in accordance with the provisions of paragraph 6 (4)
of this Schedule.
(3) An officer who declines an offer of a reasonable alternative
appointment may, in lieu of the additional pension he may be
granted under the proviso to the last foregoing sub-paragraph,
elect at his option (exercisable not later than three months after
his redundancy date) to receive the compensation to which he
would have been entitled under paragraph 10 (1) of this Schedule
if he had accepted the offer, and had been transferred at the
date of his retirement accordingly.
Comparable 8.-(1) Subject to the provisions of sub-paragraph (2) of this
or reasonable paragraph, an alternative appointment in other public service
alternative shall, for the purposes of this Schedule, be deemed to be-
appoint-
ments. (a) a comparable alternative appointment, if-
(1) the annual pensionable emoluments of the appointment
amount to not less than ninety-five per cent. of the
officer's last drawn pensionable emoluments in the ser-
vice of the Commissioner; or







(ii) in. the case of an officer whose former office is of a
grade specified in paragraph 10 (3) (b) of this Schedule,
the appointment is to an office of the same grade in the
public service of either Jamaica or Trinidad and Tobago;
(b) a reasonable alternative appointment, if, not being a com-
parable alternative appointment, the annual pensionable
emoluments of the appointment amount to not less than
seventy-five per cent. of the officer's last drawn pensionable
emoluments in the service of the Commissioner.
(2) An alternative appointment shall not, for the purposes of
this Schedule, be deemed to be either a comparable or a reason-
able alternative appointment unless-
(a) the duties of the office are generally of a similar nature
to those which the officer was liable to perform in his former
office; and
(b) the appointment is to an office in the public service of the
officer's home Territory; and
(c) in the case of an officer who was appointed to the public
service of the Federation on transfer from the public service
of one of the Territories, the appointment is to an office not
lover in rank than the substantive office which he held
immediately prior to his transfer to the public service of the
Federation.
(3) (a) For the purposes of this paragraph, the public service
of an officer's home Territory means the public service of the
Territory in which he was born or was domiciled immediately
before the operative date and includes-
(i) in relation to an officer born or domiciled immediately be-
fore the operative date in Barbados or in any Leeward or
Windward Islands Territory, service under the Government
of any Federation that may be established comprising those
Territories; and
(ii) in relation to an officer born or domiciled immediately
before the operative date in any Leeward or Windward
Islands Territory and whose pensionable service prior to his
transfer to the public service of the Federation included
service in more than one of these Territories, the public ser-
vice of any one of those Territories.
(b) In this paragraph, references to a Leeward or Windward
Islands Territory are references to any one of the Territories of
Antigua, Dominica, Grenada, Montserrat, Saint Christopher Nevis
and Anguilla, Saint Lucia or Saint Vincent.

9. Subject to the provisions of paragraph 25 of this Schedule, Commission-
any dispute that may arise as to whether an alternative appoint- er's powers
ment in other public service that is offered to an officer is, for regarding
the purposes of this Schedule, either a comparable or a reason- alternative
able alternative appointment, shall be decided by the Commis- appointments.
sioner.

10.-(1) Where an officer who has been notified of his redun- Transferred
dancy date accepts a transfer to the public service of his home officers.
Territory and the amount of his comparable emoluments exceeds







the amount of the annual pensionable emoluments payable to
him immediately after the transfer (being emoluments that may
be taken into account for the purposes of his pension under the
law relating to his service in that other public service) he shall
be paid compensation assessed in accordance with the provisions
of the Annex to this Schedule or the amount he would receive
if he were entitled to compensation under paragraph 6 (1) (c)
(ii) of this Schedule, having retired on the date of his transfer,
whichever is the less:

Provided that no person whose former office was an office in
any of the grades specified in sub-paragraph (3) of this para-
graph and who is transferred to an office of the same grade in
the public service of either Jamaica or Trinidad and Tobago shall
be entitled to a gratuity under this paragraph.
(2) Where an officer who has been notified of his redundancy
date accepts a transfer to the public service of a Territory other
than his home Territory and the amount of his last drawn pen-
sionable emoluments in the service of the Commissioner exceeds
the amount of the annual pensionable emoluments payable to
him immediately after the transfer (being emoluments that may
be taken into account for the purposes of his pension under the
law or regulations relating to his service in that other public
service) he shall be paid compensation assessed in accordance
with the provisions of the Annex to this Schedule or the amount
he would receive if he were entitled to compensation under para-
graph 6 (1) (c) (ii) of this Schedule, having retired on the date
of his transfer, whichever is the less.
(3) (a) For the purposes of this paragraph-
(i) "comparable emoluments" means ninety-five per cent. of
the officer's last drawn pensionable emoluments in the ser-
vice of the Commissioner;
(ii) "the public service of his hcme Territory" has the same
meaning as "the public service of an officer's home Territory"
has in paragraph 3 of this Schedule.

(b) The grades referred to in sub-paragraph (1) of this para-
graph are Permanent Secretary, Senior Assistant Secretary and
Assistant Secretary.
11.-(1) Where an officer (not being an officer other than an
overseas officer who has declined a comparable alternative ap-
pointment) dies while he is in the service of the Commissioner,
there shall be paid to his legal personal representatives or such
of his dependants as the Commissioner may think fit an amount
equal to the gratuity that would have been payable under the
appropriate law; and
(a) in the case of an officer who has declined a reasonable
alternative appointment, an amount equal to the compensa-
tion which he might have elected to receive under paragraph
7 (3) of this Schedule had he retired on the date of his
death; or


Death of an
officer while
in service of
Commis-
sicner.







(b) in' aEny other ease, an amount equal to the compensation
to which the officer would have been entitled under para-
'gr*ph 6 (1) (c) (11)of this Schedule had he retired on the
date of his death.
(2) Any amount paid under this paragraph shall be in lieu of
'my award that could have been made pursuant to the appro-
priate law.
12. If an officer who has been paid an amount of compensa-
tion under paragraph 6 (1) (c) (ii) of this Schedule becomes,
within two years of the date of his retirement from the services
of the Commissioner, the substantive holder of a pensionable
office in the service of a Territory, he shall repay to the Com-
missioner the amount of such compensation and, upon such
repayment, shall be granted at his option-
(a) with effect from the date of his retirement such additional
pension or such reduced additional pension together with a
gratuity as could have been granted to him under paragraph
6 (1) (c) (i) of this Schedule had he elected, in pursuance
of the option conferred by sub-paragraph (1) (c) of that
paragraph, to receive an additional pension or a reduced
additional pension together with a gratuity; or
(b) an amount equal to such compensation as he would have
been entitled to under paragraph 10 of this Schedule, if he
had on the date of his retirement from the Service of the
Commissioner accepted a transfer to other public service.

PART nI-OTHER OFFICERS


Refund of
compensation
on taking up
pensionable
employment.


13. In this Part of this Schedule, "contract officer" means a Special
person in the service of the Commissioner who, immediately definition.
before the operative date, was serving in the public service of
the Federation under a written contract for a specified period
of'not less than two years but does not Include a person serving
under a probationary agreement.


'14.-(1) Where the appointment of a contract officer is ter-
nilnated by the Commissioner as a result of the dissolution of
th1e Federation, he shall be entitled to-
(a) where the contract provides that a gratuity shall be pay-
able at fixed intervals or on the, completion of the officer's
engagement, an amount in respect of accrued gratuity cal-
culated at the rate specified in the contract in respect of
the completed period of the engagement and the period of
vacation leave for which the officer is eligible On the date
of the termination of his contract; and
(b) a payment of salary in respect of, either-
(1) such period of vacation leave for which the officer is
eligible on the date of the termination of his contract
in respect of the completed period of his engagement; or
(it) a period of three months,
Whichever is the greater; and
(d) a compensatory gratuity equal to one-twelfth of one
month's emoluments in respect of each complete month of
the unexpired term of his engagement.


, Contract offi-
cers-terminal
rights.


























Non-pension-
able oflicen.


Other public
servants,


(2) Any gratuity payable to a contract officer unc.er sub-para-
graph (1) (c) of this paragraph shall be in liou f any notice
or any sum payable (otherwise than under this paragraph) in
lieu of notice in respect of the termination of his contract, and
an officer to whom sub-paragraph (1) of this paragraph applies
shall within one month after receiving notice of the termination
of his contract elect whether to receive the sum so payable or
the gratuity payable under this paragraph.

(3) For the purposes of this paragraph-
"one month's emoluments" means the amount of one
month's salary under the officer's contract and, in the case of
an officer who is a designated officer for the purposes of the
Overseas Service (The West Indies) Agreement 1962, includes
by way of addition thereto one month's inducement allowance
payable in pursuance of that Agreement;
"unexpired term of an officer's engagement" includes such
period of vacation leave as the officer is eligible for on the date
of the termination of his contract.

15. Where the appointment of a person who is the substantive
holder of a non-pensionable office in the service of the Commis-
sioner is terminated by the Commissioner as a result of the dis-
solution of the Federation, he shall be entitled to receive a
compensatory grant equal to one half of a month's salary for
each completed period of twelve months' service under the
Government of the Federation and under the Commissioner:
Provided that where such a person's total period of such ser-
vice includes a fraction of a year, the grant payable in respect
thereof shall be computed pro rata in respect of the completed
months of service comprised in the fraction.


16.-(1) Subject to sub-paragraph (3) of this paragraph,
where the engagement of a person to whom this paragraph
applies, other than a person referred to in the next following
sub-paragraph, is terminated by the Commissioner as a result
of the dissolution of the Federation, he shall be entitled to receive
a compensatory grant equal to one half of a month's salary for
each year of his continuous Federal service:

Provided that where an officer's total period of such service
includes a fraction of a year, the grant payable in respect the:: of
shall be computed pro rata in respect of the completed months
of service comprised in the fraction.

(2) Subject to sub-paragraph (3) of this paragraph, where
the engagement of a person to whom this paragraph' applies and
who is on the staff of the Commission in the United Kingdom
for The West Indies, British Guiana and British Honduras, he
Commission in Canada for The West Indies, British Guiana and
British Honduras, or'the Students Liaison Office in the United
States of America is terminated by the Commissioner as a result
of the dissolution of the Federation, he shall be entitled to re-
ceive--








1() If he has, on the date of the termination of his engagement,
had Fed .:al service of less than four years' duration, a com-
pensator) grant equal to one half of a month's salary for
each year of his continuous Federal service;
ii) if he has, on the date of the termination of his engage-
ment, had Federal service of more than four years' duration,
a compei-satory grant equal to one month's salary for each
year of Lis continuous Federal service.
(3) A person shall not be entitled to any compensatory grant
urder this paragraph if he has been offered, after the operative
date and before his engagement has been terminated by the
Ccramissioner, a corresponding appointment in the public service
of-
(a) any Territory; or
;0) British Guiana; or
:e) British Honduras; or
d) any Federation that may be established comprising some
or all of the Territories.
4) (a) Fcr the purposes of this paragraph, Federal service
means service in the public service of the Federation and in-
cludes-
(i) such period of service as could, under section 2 (2) of the
Pensions Act 1958 of The West Indies (including any amend-
ments thereto) as in force immediately before the operative
date, be taken into account in relation to a pensionable offi-
cer, as if it were service in a pensionable office in the public
service of the Federation, and
(ii) service under the Commissioner.
(b) For the purposes of sub-paragraph (3) of this paragraph,
an appointment shall not be deemed to be a corresponding ap-
pointment unless-
(i) the salary attached thereto is not less than the salary to
which the officer was entitled immediately before the opera-
tive date; and
(ii) it is a condition of the appointment that the officer will
be stationed in the same country as that in which he was
stationed immediately before the operative date.
(5) This paragraph applies to any person in the service of the
Commissioner, other than a contract officer or a person who is
the substantive holder of a pensionable or a non-pensionable
office, who has had Federal service of not less than one year's
duration.
PART IV-MILITARY PERSONNEL
17. In this Part of this Schedule- Special
"commission on equivalent terms" means a commission in a definitions.
rank not lower than that held by the officer, and at a rate of
pay no less than that in issue to the officer, immediately before
the revocation of his commission;
"Defence Act" means the Defence Act 1958 of The West
Indies (including any amendments thereto) as in force imme-
diately before the operative date, but subject to the provisions
of paragraph 1 (2) of this Schedule;







"Defence (Retired Pay, Pensions and Other Grants) Regu-
lations 1958" means the regulations contained in Schedule 5
Lu the Defence Act, as in force immediately before the opera-
tive date, but subject to the provisions of paragraph 1 (2) of
this Schedule;
"home Territory" means the Territory in which the ofCfl r or
soldier, as the case may be, was born or was domiciled imme-
diately before the revocation of the ofl8er's commisaiop, or
the soldier's discharge, as the case may be;
"officer" means a person who, immediately before the opema-
tive date held a commission in the West India Regimhnt
granted under section 8 (1) (a) of the Defence Act;
"opportunity to enlist on equivalent terms" means enlist-
ment in a rank not lower than that held by the soldier, and
at a rate of pay no less than that in issue to the solder,.imme-
diately before his discharge;
"soldier" means a person who, before the operative date, had
enlisted in the West India Regiment and whose current term
of colour service was, immediately before that date, incom-
plete.

Officers. 18. Every officer who retires by reason of the revocation of
his commission in the West India Regiment as a consequence
of the disbanding of the Regiment may, subject to the provisions
of this Part of this Schedule, be granted-

(i) retired pay as if he had retired in the circumstances men-
tioned in regulation 17 of the Defence (Retired Pay, Pensions
and Other Grants) Regulations 1958;
iii) a terminal grant calculated in accordance with the prp-
visions of regulation 20 (1) of the Defence (Retired Pay,
Pensions and Other Grants) Regulations 1958; and
(iii) compensation to be determined by the Commissioner after
consultation with the Government Actuary of the United
Kingdom.

Soldiers. 19.-(1) A soldier who is discharged as a consequence of the
disbanding of the West India Regiment may, subject to the pro-
vi:.uns of this Part of this Schedule, be granted a gratuity under,
anu in accordance with the provisions of regulation 28 (a) of
the Defence (Retired Pay, Pensions and Other Grants) Regula-
tions 1958 notwithstanding that his period of reckonable service
may be less than twelve years:

Provided that where a soldier's total period of reckonable ser-
vice includes a fraction of a year, the gratuity payable in respect
thereof shall be computed pro rata in respect of the completed
months of service comprised in the fraction.
,.2j For the purposes of this paragraph reckonable service shall
be calculated in accordance with the provisions of regulation 31
of the Defence (Retired Pay, Pensions and Other Grants) Regu-
lations 1958....







20. Any retired pay, terminal or capital grant or gratuity
paable under paragraphs 18 or 19 of this Schedule shall be in
lieu of any other sum which could have been payable under the
provisions of the Defence (Retired Pay, Pensions and Other
Grants) Regulations 1958.

21.-(1) The provisions of paragraphs 18 and 19 of this Sched-
ule shall not apply to-
(a) an officer who is offered, before the disbandment of the
Regiment, a commission on equivalent terms in a military
force raised by the Government of his home Territory;
(b) a soldier who is offered, before the disbandment of the
Regiment, an opportunity to enlist on equivalent terms in
a military force raised by the Government of his home Terri-
tory.
(2). Subject to the provisions of paragraph 25 of this Schedule,
any dispute that may arise as to whether-
(a) a commission that is offered to an officer is, for the pur-
poses of this paragraph, a commission on equivalent terms in
a military force raised by the Government of the officer's
home Territory;
(b) an opportunity to enlist that is offered to a soldier is, for
the purposes of this paragraph, an opportunity to enlist on
equivalent terms In a military force raised by the Govern-
ment of the soldier's home Territory,
shall be decided by the Commissioner.

22.-(1) An officer who retires by reason of the revocation of
his commission in the West India Regiment as a consequence of
the disbanding of the Regiment and who has declined an offer
of a commission on equivalent terms in a military force raised
by. the Gomernment of his home Territory, may be granted a
gratuity under and in accordance with the provisions of regula-
tion 21 of the Defence (Retired Pay, Pensions and Other Grants)
Regulations 1958 as if he had been called upon to retire on the
grounds of the interest of Her Majesty and not due to causes
within his own control.
(2) A soldier who is discharged as a consequence of the dis-
banding of the West India Regiment and who has declined an
opportunity to enlist on equivalent terms in a military force
raised by the Government of his home Territory, may be granted
a gratuity under and in accordance with the provisions of regu-
lation 28 of the Defence (Retired Pay, Pensions and Other
Grants) Regulations 1958 as if he had been discharged otherwise
than for misconduct.

23. Every officer who, by reason of the revocation of his com-
mission in the West India Regiment, retires and every soldier
who is discharged, as a consequence of the disbanding of the
West India Regiment, and who is eligible for a period of privilege
leave shall be paid an amount equal to the pay which he would
have received, if his commission had not been revoked or if he
had not been discharged, as the case may be, in respect of that
period of privilege leave.


Payments un-
derftba Sche-
duleJw4leloof
sumn payable
under Defence
Act.
Offers of
comparable
military
service.


Officers and
soldiers who
declineaffers
of comparable
military.
service.












Payments in
lieu of leave.







PART V-SUPPLEMENTARY
Application of 24. Where any person retires pursuant to paragraph 5 of this
appropriate Schedule the provisions of the appropriate law shall, subject to
law, the provisions of this Schedule, apply in relation to the grant
of any pension or gratuity under this Schedule and to any pen-
sion or gratuity granted thereunder as they apply in relation to
the grant of a pension or gratuity, and to any pension or gratuity
granted, under the appropriate law.
Persons 25. Any person who, immediately before the operative date,
aggrieved was a member of the public service of the Federation, and who
may appeal is aggrieved by any decision of the Commissioner under any of
to Tribunal. the provisions of this Schedule, may appeal to the Tribunal and
the Tribunal may confirm, modify or reverse the decision of the
Commissioner.
Modified 26. If the Commissioner, acting on the advice of the Tribunal,
application of recommends that in their application to any officer the foregoing
provisions of provisions of this Schedule shall have effect subject to such modi-
Schedule. fications or exemptions as the Commissioner may specify and a
Secretary of State is satisfied that there are special reasons relat-
ing to that officer why that recommendation shall have effect,
the provisions of this Schedule shall have effect accordingly.
Gratuities, etc. '27. Any compensation, gratuity, grant or other lump sum
exempt from (other than the gratuity or other payment referred to in para-
tax.. graph 14 (1) (a) and (b) of this Schedule) payable under this
Schedule shall be exempt from tax under any law in force in a
Territory relating to the taxation of incomes or imposing any
other forms of taxation.


Sums payable
charged on
funds, etc. of
Commission-
er.


28 All such sums of money as may become payable under this
Schedule are hereby charged on the funds and assets of the Com-
missioner and shall be paid therefrom on the warrant of the
Commissioner.

ANNEX
INSTRUCTIONS FOR THE CALCULATION OF COMPENSATION PAYABLE
UNDER PARAGRAPH 6 (1) (C) (ii)
1. Compensation shall be calculated by multiplying the
amount of the officer's annual pensionable emoluments on the
date taken for calculation by the appropriate factor and the re-
sulting amount, or eleven thousand pounds, whichever is the less,
shall be the amount of compensation to which the officer is
entitled.
2. (1) "The date taken for calculation" means the date most
advantageous to the officer between the date on which he is noti-
fied of his redundancy date and the date of his retirement;
(ii) "the appropriate factor" means, in relation to an officer
other than a judge, the factor obtained from Table II of this
Annex or, in relation to a judge the fa .tor obtained from Table
III of this Annex, that is applicable to the age and pensionable
service of that officer on the date taken Ior calculation reckoned
in completed years and months.







INSTRUCTIONS FOR THE CALCULATION OF COMPENSATION PAYABLE
UNDER PARAGRAPH 10
1. Compensation shall be calculated by multiplying by the
appropriate factor the amount by which, in the case of an officer
who has accepted a transfer to the public service of his home
Terr" ory, his comparable emoluments or, in the case of an officer
who has accepted a transfer to the public service of a Territory
other than his home Territory, his last drawn pensionable emolu-
ments in the public service of the Commissioner, exceeds the
amount of the annual pensionable emoluments payable to him
immediately after his transfer, and the resulting amount shall
be the. compensation to which the officer is entitled.
2. "The appropriate factor" in relation to an officer means
the factor obtained from Table IV of this Annex that is appro-
priate to the age of the officer at the date of his transfer reck-
oned in completed years and completed months.
INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM
TABLES II OR III OF THIS ANNEX

I. Read off from the table the factors for the officer's age at
his last birthday and his-
(a) completed years of service,
(b) completed years of service plus one year.
II. Substract I (a) from I (b), divide the difference by twelve
and multiply the result by the number of completed months of
service, if any, in excess of the completed years of service.
III. Add I (a) and II.
IV. Repeat steps I to III for the officer's age at his next birth-
day.
V. Divide the difference between III and IV by twelve and
multiply by the number of completed months of age, if any since
the officer's last birthday.
VI. If IV is greater than III, add V to III,
if IV is less than Im, substract V from III.
VI is the factor required.

INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM
TABLES I OR IV OF THIS ANNEX
I. Read off from the Table the factors for the officer's age-
(a) at his last birthday;
(b) at his next birthday.
II. Divide the difference between I (a) and I (b) by twelve
and multiply by the number of completed months of age since
the last birthday.
III. If I (b) is greater than I (a), add II to I (a),
if I (b) is less than I (a), subtract II from I (a).
II is the factor required.







TABLE I


Age of
Factor Officer
35
17.99 36
17.89 37
17.79 38
. 17.69 39


- 17.59
17.49
17.39
17.29
17.19

17.08
16.97
16.86
16.74
16.62

16.50
16.38
'6.?5
16.12
15.98


Age-bf
Officer


Paragraph 6 (1) (b)

Factor
.-... 15.84
.. .... 15.70
.-.... 15.55
..... 15.40
. 15.24

.... 15.07
14.90
...... 14.73
. ...... 14.55
.... ...... 14.36

..... ...... 14.17
..... ...... 13.97
13.76
-. ..... 13.54
.13.32

S ..... 13.08
S ..... 12.84
...... 12.59
...... 12.50
and bver 12.50








TABLE II
Paragraph 6 (1) (c) (ii)


Factor where length of service in years is:-


Age of
Officer
1


16 ... .18
17 ... .19
18 ... .20
19 .. .20
20 ... .21

21 ... -2
22 ... .24
23 ... .26
24 ... .29
25 ... .32


.37
.41
.47
.54
.62

.70
.81
.93
1.05
1.16

1.27
1.36
1.42
1.47
1.49

1.50
1.48
1.45
1.39
1.32


2 3 4


.25
.26
.27
.28

.30
.32
.35
.38
.43

.49
.55
.63
.72
.82

.94
1.08
1.24
1.40
1.55

1.69
1.81
1.90
1.96
1.99

2.00
1.98
1.93
1.85
1.76


.32
.34
.36

.38
.40
.44
.48
.54

.61
.69
.78
.90
1.02

1.18
1.35
1.54
1.74
1.94

2.12
2.26
2.37
2.44
2.48

2.50
2.47
2.41
2.32
2.20


.41
.43

.45
.48
.52
.58
.65

.73
.83
.94
1.07
1.23

1.41
1.62
1.85
2.09
2.33

2.54
2.71*
2.84
2.93
2.98

2.99
2.96
2.89
2.78
2.63


7









.72
.78
.86
.97

1.10
1.24
1.41
1.61
1.84

2.12
2.43
2.78
3.14
3.49

3.81
4.07
4.27
4.40
4.47

4.49
4.45
4.34
4.17
3.95


.50

.52
.56
.61
.67
.76

.85
.97
1.10
1.25
1.44

1.64
1.89
2.16
-2.44
2.72

2.96
3.16
3.32
3.42
3.48

3.49
3.46
3.37
3.24
3.07


.60
.64
.70
.77
.86

.98
1.10
1.26
1.43
1.64

1.88
2.16
2.47
2.79
3.10

3.38
3.62
3.79
3.91
3.98

3.99
3.95
3.86
3.70
3.51


.87
.96
1.08

1.22
1.38
1.57
1.79
2.05

2.35
2.70
3.09
3.49
3.88

4.23
4.52
4.74
4.89
4.97

4.99
4.94
4.82
4.63
4.39





~--~-







TABLE II-(coutd.)

Factor where length of service ip years is:-


2 3


1.64 2.
1.52 1.!
1.38 I.


Age of
Officer



46
47
48
49
50

51 ...
52
53
54
55


06
90
72


1


1.23
1.14
1.03
.93
.83

.74
.65
.56
.47
.38

.31
.24
.18
.12
nil


4


2.47
2.27
2.06
1.86
1.67

1.48
1.30
1.12
.94
.77

.62
.48
.36
.24
nil


5


2.88
2.65
2.41
2.17
1.95

1.73
1.51
1.30
1.09
.90

.72
.56
.42
.28
nil


6


3.29
3.03
2.75
2.48
2.22

1.98
1.73
1.49
1.25
1.02

.82
.64
.48
.32
nil


7


3.70
3.41
3.10
2.79
2.50

2.22
1.94
1.67
1.40
1.15

.93
.72
.54
.36
nil


1.24
1.11

.99
.86
.74
.62
.51


1.55
1.39

1.24
1.08
.93
.78
.64


56
57
58
59
60 and


8


4.11
3.79
3.44
3.10
2.78

2.47
2.16
1.86
1.56
1.28

1.03
.80
.60
.40
nil


over


------


_I -





te


Paragraph 6 (1) (c) (11)

Factor where length of service is:


Age of
Judge



50
51
52
53 _.
54

55
56
57
58
59

60
61
62
63
64 .

65 and over


TABLE IV.


Age
30 and below
3 1 ...... ...... ......
32
33
34 ...... ......

35 ...... ..
36 ...... .....
37 .... ..
38 .. .
39 ...


Factor
5.00
5.08
5.21
5.47
5.90


6.56
7.44
8.10
8.53
8.79


Age
40 ..... .
41 ....
42 ...... .
43 .
44 .

45
46
47 ....
48
49
50 and over
50 and over


Paragraph 10
Factor
8.92
9.00
8.92
8.77
8.40


2 years 3 years 4 ye yeaor


1.97 2.96 3.94 4.93
1.86 2.80 3.73 4.66
1.76 2.63 3.51 4.39
1.65 2.47 3.30 4.12
1.54 2.30 3.07 3.84

1.42 2.13 2.84 3.55
1.30 1.94 2.59 3.24
1.17 1.75 2.34 2.92
1.04 1.55 2.07 2.59
.90 1.35 1.80 2.25

.76 1.14 1.52 1.90
.62 .92 1.23 1.54
.48 .71 .95 1.19
.33 .50 .66 .83
.19 .29 .38 .48

nil nil nil nil





20

EXPLANATORY NOTE

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

This Order makes provision for the retirement of and the payment of
compensation and retiring benefits to certain officers in the public service of the
Federation of the West Indies.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 80 cents. 1
1962.







STATUTORY INSTRUMENTS

1962 No. 1086

CARIBBEAN AND NORTH ATLANTIC
TERRITORIES

The British Caribbean Court of Appeal Order
in Council 1962

Made 23rd May 1962
Laid before Parliament 29th May 1962
Coming into Operation 1lt June 1962
At the Court at Buckingham Palace, the 23rd day of May 1962
Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the powers conferred upon Her by
section 4 of the West Indies Act 1962(a) and all other powers
enabling Her in that behalf, is pleased by and with the advice
of Her Privy Council, to order, and it is hereby ordered as
follows:-
1.-(1) This Order may be cited as the British Caribbean
Court of Appeal Order in Council 1962.
(2) This Order shall come into operation on the 1st June
1962.
2.-(1) In this Order unless the context otherwise requires--
"appeal" includes a reserved question of law and a case
stated;
"the Commissioner" means the Commissioner appointed
under the provisions of the West Indies (Dissolution and
Interim Commissioner) Order in Council 1962(b);
"the Court" means the Court constituted by this Order;
"the existing Court" means the Court constituted by the
Constitution of the West Indies;
"the Territories" means the following territories (with
their respective dependencies, if any), that is to say, the
Colonies of-
(a) Antigua,
(b) Barbados,


Citation and
commence-
ment.

Interpreta-
tion.


S(a) 10 & 11



5 / m '


Eliz. 2. c. 19


(b) S.I. 1962/







(e) British Guiana,
(d) Dominica,
(e) Grenada,
(f) Jamaica,
(g) Montserrat,
(h) Saint Christopher, Nevis and Anguilla,
(i) Saint Lucia,
(j) Saint Vincent,
(k) the Cayman Islands,
(1) the Turks and Caicos Islands,
(m) the Virgin Islands, and
(n) Trinidad and Tobago,
and "Territory" means any of the territories aforesaid.
(2) In this Order, unless the context otherwise requires,
references to the holder of an office by the term designating
his office include references to any person lawfully discharging
the functions of that office.
(3) Where by this Order a power is conferred to make
appointments to any office, a person may be appointed to that
office notwithstanding that some other person may be holding
that office, if such other person is on leave of absence pending
his relinquishment of that office; and when two or more
persons are holding the same office by reason of an appoint-
ment made in pursuance of this paragraph, then for the
purposes of any function conferred upon the holder of that
office, the person last appointed shall be deemed to be the sQle
holder of that office.
(4) The Interpretation Act 1889(a) shall apply, with the
necessary adaptations, for the purpose of interpreting this
Order or otherwise in relation thereto as it applies for the
purpose of interpreting, and in relation to, Acts of Parliament.
Constitution 3.-(1) There shall be a court of appeal for the Territories
of Court. which shall be styled the British Caribbean Court of Appeal.
(2) The judges of the Court shall be a President and two or
more Justices of Appeal, who shall be appointed by the Com-
missioner in accordance with instructions giv,,n by Her Majesty
through a Secretary of State.
(3) A person shall be qualified for appointment to the.office
of President or Justice of Appeal of the Court if, and shall not
be so qualified unless-
(a) he is, or has been a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part
of the Commonwealth or a court having jurisdiction in
appeals from any such court; or
(a) 52 & 53 Vict. e. 63.






(b) he has been in practice as an advocate in such a court or
courts for a period of, or periods amounting in the
aggregate to, not less than ten years.
(4) For the purposes of paragraph (3) of this article a
person serving in an office under the Government of some part
of the Commonwealth the functions of which include appear-
ing as an advocate in such a court on behalf of that Govern-
ment shall be deemed to be in practice as an advocate in such
a court.
(5) At any time when the office of President of the Court is
vacant or the person holding that office is for any reason unable
to perform the functions of that office, those functions shall be
performed by such one of the Justices of Appeal as may from
time to time be designated in that behalf by a Secretary of
State.
(6) The Commissioner may, in accordance with such instruc-
tions as he may receive from Her Majesty through a Secretary
of State, as occasion may require, appoint any person qualified
for appointment a: a Justice of Appeal to act as a Justice of
Appeal and such person shall act as a Justice of Appeal until
his appointment is terminated by the Commissioner in accord-
ance with any such instructions, or lie resigns.
(7) The Court shall have and use a seal bearing the style of
the Court and a device approved by the President.
(8) Every person appointed to be a judge of the Court shall,
before entering upon the functions of his office, make and
subscribe before such person as may be authorized by a Secre-
tary of State in that behalf the oath or affirmation of allegi-
ance and the judicial oath or affirmation in the forms set out
in Schedule 1 to this Order.

4.-(1) Subject to the provisions of this article, a person Tenure of
holding the office cf Prelidunt or Justice of Appeal of the office of
Court shall vacate his office on attaining the age of sixty-five judges.
years:
Provided that a Secretary of State may permit any such
person to continue in office for such period after attaining
thatage as may be necessary to enable him to deliver judgment
or do any other thing in relation to proceedings that were
commenced before him before he attained that age.
(2) The President or a Justice of Appeal of the Court may
at any time resign his office by writing under his hand
addressed to the Commissioner.
(3) A person holding the office of President or Justice of
Appeal of the. Court may be removed from office only for
inability to perform the functions of his office (whether arising






from infirmity of body or mind 'or from any other cause) or for
misbehaviour, and shall not be so removed except in accord-
ance with the provisions of this article.
(4) A person holding the office of President or Justice of
Appeal of the Court shall be removed from office by a Secre-
tary of State if the question of his removal has been referred
by Her Majesty to the Judicial Committee of Her Majesty's
Privy Council under any enactment enabling Her Majesty in
that behalf, and the Judicial Committee has advised Her
Majesty that that person ought to be removed from office for
inability as aforesaid or for misbehaviour.
(5) If a Secretary of State considers that the question of
removing a person holding the office of President or a Justice
of Appeal of the Court under this article ought to be investi-
gated then-
(a) the Secretary of State shall appoint a tribunal, which
shall consist of a Chairman and not less than two other
members, being persons who hold or have held office as
a judge of a court having unlimited jurisdiction in civil
and criminal matters in some part of the Common-
wealth or a court having jurisdiction in appeals from
any such court; and
(b) the tribunal shall enquire into the facts of the case and
report thereon to the Secretary of State, and shall state
whether, in the opinion of the tribunal, there are
grounds for referring the question of the removal of that
person from office to the Judicial Committee.
(6) If the question of removing a person holding the office of
President or Justice of Appeal of the Court from office has
been referred to a tribunal under paragraph (5) of this article,
a Secretary of State may suspend that person from performing
the functions of his office and any such suspension may at any
time be revoked by the Secretary of State and shall in any case
cease to have effect if the Judicial Committee advises Her
Majesty that that person ought not to be removed from office.

Jurisdiction 5.-(1) The Court shall have jurisdiction to hear and deter-
in the mine such appeals from the courts of each Territory as may be
Territories. prescribed by any law in force in that Territory.
(2) In connection with any appeal from a court of a Territory
the Court shall, subject to the provisions of this Order and any
law in force in the Territory, have all the powers and jurisdic-
tion that are possessed by that court under any law in force in
the Territory; and decisions of the Court in respect of any
appeal from a court of a Territory shall, subject as aforesaid,
be enforced in the Territory in the same way as decisions of
that court.






(3) The Court may, in accordance with any directions
issued from time to time by the President, sit in any Territory
for the purpose of exercising any jurisdiction and powers
conferred upon it by or under this article or by any rule made
under article 6 of this Order; and for that purpose it. shall be
a superior court of record having in each Territory similar
powers relating to contempts of itself as are possessed under
the law of that -Territory by such a court.

6.-(1) Subject to the provisions of this Order, the Presi-
dent and any two other judges of the Court selected by the
President may make rules for regulating the practice and pro-
cedure of the Court with respect to appeals from the courts
of the Territories and, in connection with such appeals, for
regulating the practice and procedure in any court of a Terri-
tory from which such appeals are brought.
(2) Without prejudice to the generality of paragraph (1) of
this article, rules of court may be made for the following
purposes:-
(a) for regulating the sittings of the Court, whether in
divisions or otherwise, and the selection of judges for
any purpose;
(b) for regulating the right of practising before the Court
and tie representaLon of persons concerned in any
proceedings m the Court;
(c) for prescribing cases in which, and conditions upon
which, an appellant in a criminal appeal to the Court
shall be entitled to be present at the hearing of the
appeal;
(d) for providing for summary determination of any appeal
which appears to the Court to be frivolous or vexatious
or to be brought for the purposes of delay;
(e) for prescribing forms and fees in respect of proceedings
in the Court and regulating the costs of and incidental
to any such proceedings;
(f) for prescribing and regulating the powers and duties
of registrars and officers of the Court;
(g) for prescribing the time within which any requirement
of the rules is to be complied with.
(3) Rules made under this article may fix the number of
judges of the Court who may sit for any purpose:
Provided that-
(a) an uneven number of judges shall sit, which, for the
purposes of any final determination by the Court other
than the summary dismissal of an appeal, shall not be
less than. three; and


Practice and
procedure on
appeals
from the
Territories.






(b) any determination by the Court on any matter (whether
final or otherwise) shall, where more than one judge
sits, be according to the opinion of a majority of the
judges who sit for the purpose of determining that
matter.
Officers of 7. There shall be' such Registrars, officers and servants of
the Court. the Court, appointed in such manner as a Secretary of State
may direct.

Terms of 8.-(1) Subject to the provisions of this Order, the Presi-
service of dent and the Justices of Appeal of the Court and the Regis-
judges and trars, officers and servants of the Court shall receive such
emoluments aud be subject to such other terms and conditions
of service as ;uay be prescribed by a Secretary of State.
(2) For the purposes of any power vested in the Commis-
sioner to provide for the grant of pensions, gratuities and
other like benefits in respect of service in the service of the
Commissioner the offices of judges, registrars;, officers and
servants of tli: Court shall be office's in that service.
(3) The emnluments and terms and conditions of service of
the President 'r a Ju tice of Appeal of the Court, other than
allowances ti.nt are rot taken into account in computing
pensions, :hali not be Altered to his disadvantage during his
continuance im, office.

Financial 9.-(1) The expenses- of the Court shall be defrayed by the
provisions. Commission'rl, and the Connlissioner shall from time to time
certify the ar:ount of the expenses of the Court defrayed by
hml and the government of each Territory shall pay to the
Commissioner ;uch proportion of that amount as Her Majesty
may direct b; instruction's through a Secretar:: of State.
(2) All fec", payable in respect of proceedings in the Court
shall be paid into the gLeneral revenues of the T, rritory wherein
th.1 proceedings giving rise to the appeal w:-re conumenced.
(3) Any sum payable by the Government of a Territory
under this article shall be a charge upon the revenues of that
Territory.

Transitiolnl .10.-(1) The per-ons1 who immediately before the com-
jirovisior.s. mnllolllnieit of this Order hold the offices of Chief Justice and
Federal .Jistice of the existing Court shall be deemed to
have been respectively appointed at the commencement of this
Order and in accordance with its provisions to be the President
and the Justices of Appeal of the Court con-'tituted by this
Order.
(2) Save as a Secretary of State may otherwise direct, any
person who immediately before the commencement of this
Order holds office or is acting as a Registrar, officer or servant







of the existing Court shall be deemed to have been appointed
at the commencement of this Order and in accordance with
its provisions to hold or act in the corresponding office of the
Court constituted by this Order.
(3) Any person who by virtue of paragraph (1) or para-
graph (2) of this article is deemed to have been appointed to
hold or act in any office shall, subject to the provisions of this
Order, be deemed to have been so appointed with the same
emoluments and on the same terms and conditions of service as
were applicable to him immediately before the commencement
of this Order.
(4) The provisions of this Order shall, in their application
to any person who by virtue of paragraph (1) or paragraph
(2) of this article is deemed to have been appointed to or to
hold or act in any office, have effect subject to the provisions
of the West Indies (Retirement and Compensation) Order in
Council 1962(a).
(5) A person deemed under the provisions of this article to
have been appointed to be the President of the Court or a
Justice of Appeal of the Court, as the case may be, shall not
be required before entering upon the functions of his office
to make or subscribe an oath or affirmation as prescribed in
article 3 (8) of this Order.
11.-(1) Any proceedings relating to appeals from the Pending
courts of the Territories that are pending immediately before proceedings.
the commencement of this Order in the existing Court may be
continued after the commencement of this Order in the court
constituted by this Order.
(2) Any judgment of the existing Court given, but not
satisfied, before the commencement of this Order, may be
enforced after the commencement of this Order as if it were a
judgment of the court constituted by this Order.
12.-(1) Any law in force in any Territory immediately Saving of
before the commencement of this Order providing for appeals existing
from the courts of that Territory to the existing Court and appeal laws
Iand Rules
matters relating thereto shall, subject to amendment or repeal of court.
by a law of the Legislature of that Territory or by rules made
under article 6 of this Order, continue in force in that
Territory after the commencement of this Order, but shall have
effect as if it was a law enacted in pursuance of article 5 of
this Order and for that purpose shall be construed with any
necessary adaptations and modifications.
(2) All rules of court, relating to the hearing and determi-
nation of appeals from the courts of each Territory by the
existing Court in force immediately before the commence-
ment of this Order shall, subject to amendment or revocation
(a) S.I. 1962/







by rules made under article 6 of this Order, continue in force
after the commencement of this Order and shall have effect
as if they were rules made under article 6 of this Order and
for that purpose shall be construed with any necessary adapta-
tions and modifications.

Revocation. 13. The laws mentioned in the first column of Schedule 2 to
this Order shall, to the extent respectively specified in relation
thereto in the second column of that Schedule, cease to. have
effect.

W. G. Agnew.





SCHEDULE 1 (article 3 (8))
FoRMs OF OATHS AND AFFIRMATIONS
1. Oath of Allegiance
I .............................................................................. ... ..........................................................................,
do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth the Second, Her Heirs and Succes-
sors, according to law. So help me God.
2.. Affirmation of Allegiance
I ............................................................................................................................................................
do solemnly and sincerely affirm and declare that I will be
(faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, Her Heirs and Successors, according to
law.
3. Judicial Oath
I .... ................................................................................................................................................... .....
do swear that I will well and truly serve Her Majesty Queen
Elizabeth the Second in the office of (here insert the description
of the office) and I will do right to all manner of people
according to the law without fear or favour affection or
ill-will. So help me God.
4. Judicial Afirmation

do solemnly and sincerely affirm and declare that I will well
and truly serve Her Majesty Queen Elizabeth the Second in
the office of (here insert the description of the office) and I will
do right to all manner of people according to the law without-
fear or favour affection or ill-will.










SCHEDULE 2 (article 13)


Law


The British Guiana (Appeals)
Order in Council 1957(a).
The Virgin Islands (Appeals)
Order in Council 1957(b).
The Federal Supreme Court
Regulations 195S.

The Federal Supreme Court
(British Guiana Appeals)
Act 1958.
The Federal Supreme Court
(Virgin Islands Appeals)
Act 1958.
(a) S.I. 1957/1527 (1957 I, p. 194).


Extent of Cesser


The whole Order.

The whole Order.


Sections 3, 4, 5,
and 14, Part
Schedules.
The whole Act.


9, 10, 12, 13
IV and the


Section 5


(b) S.I. 1957/1746 (1957 I, p. 198).


EXPLANATORY NOTE
(This Notc is not a part of the Order, but is intended to indicate
its general purport.)
This Order makes fresh provision for the hearing and
determination of appeals from the courts of the British
Caribbean territories.


PRINTING OFFICE,

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1962.


SCHEDULE 2


(article 13)







STATUTORY INSTRUMENTS


1962 No. 1087

JUDICIAL COMMITTEE


The British Caribbean (Appeal
Order in Council


to Privy Council)
1962


Made 23rd May 1962
Coming into Operation 1st June 1962

At the Court at Buckingham Palace, the 23rd day of May, 1962

Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in the exercise of the powers in
that behalf by the Judicial Committee Act 1844(a) or otherwise
in Her Majesty vested, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as fol-
lows:-
1. This Order may be cited as the British Caribbean (Ap-
peal to Privy Council) Order in Council 1962 and shall come
into operation on the 1st June 1962.
2.-(1) In this Order, unless the context otherwise requires-
"appeal" means appeal to Her Majesty in Council;
"Court" means the British Caribbean Court of Appeal;
"judgment" means a judgment of the Court and includes
a decree, order, ruling, sentence or decision of the Court;
"record" means the aggregate of papers relating to an
appeal (including pleadings, proceedings, evidence and judg-
ments) proper to be laid before Her Majesty in Council on
the hearing of an appeal;
"Registrar" means the Registrar of the Court or other
proper officer having custody of the records of that Court;
"Territories" means the territories from the courts of
which the Court has, from time to time, jurisdiction to hear
appeals, and "Territory" means any such territories.

(a) 7 & 8 Vict. c. 69.


Citation and
commencement.


Interpretation.


WS 4%) 9r







(2) The Interpretation Act 1889(b) shall apply, with the
necessary adaptations, for the purpose of interpreting this Order
and otherwise in relation thereto as it applies for the purpose of
interpreting, and in relation to, Acts of Parliament.

Bight of Appeal. 3. Subject to the provisions of this Order, an appeal shall
lie-
(a) as of right from any final judgment, where the matter
in dispute on the appeal amounts to or is of the value of
three hundred pounds sterling or upwards, or where the
appeal involves directly or indirectly some claim or question
to or respecting property or some civil right amounting to
or of the said value or upwards; and
(b) at the discretion of the Court, from any other judgment,
whether final or interlocutory, if, in the opinion of the
Court, the question involved in the appeal is one which, by
reason of its great or general importance or otherwise,
ought to be submitted to Her Majesty in Council for deci-
sion.

Application for 4. Applications to the Court for leave to appeal shall be
leave to appeal. made by motion or petition within twenty-one days of the date
of the judgment to be appealed from, and the applicant shall
give all other parties concerned notice of his intended applica-
tion.

Conditional leave 5. Leave to appeal under section 3 of this Order shall, in
to appeal, the first instance, be granted by the Court only-
(a) upon condition of the appellant, within a period to be
fixed by the Court but not exceeding ninety days from the
date of the hearing of the application for leave to appeal,
entering into good and sufficient security to the satisfaction
of the Court in a sum not exceeding 500 sterling for the
due prosecution of the appeal and the payment of all such
costs as may become payable by the applicant in the event
of his not obtaining an order granting him final leave to
appeal, or of the appeal being dismissed for non-prosecu-
tion, or of the Judicial Committee ordering the appellant
to pay costs of the appeal (as the case may be) ; and
(b) upon such other conditions (if any) as to the time or
times within which the appellant shall take the necessary
steps for the purposes of procuring the preparation of the
record and the despatch thereof to England as the Court,
having regard to all the circumstances of the case, may
think it reasonable to impose.


(b) 52 & 53 Viet. c. 63.






6. All or any of the powers and functions of the Court under Power of a
this Order, except the exercise of the discretion conferred by single judge.
section 3 (b) of this Order, may be exercised by any judge of
the Court:
Provided that any order, directions or decision made or given
in pursuance of this section may be varied, discharged or re-
versed by the Court when consisting of three judges which may
include the judge who made or gave the order, directions or
decision.
7. Where the judgment appealed from requires the appellant Stay of
to pay money or do any act, the Court shall have power, when execution.
granting leave to appeal, either to direct that the said judgment
shall be carried into execution or that the execution thereof
shall be suspended pending the appeal, as to the Court shall
seem just, and in case the Court shall direct the said judgment
to be carried into execution, the person in whose favour it was
given shall, before the execution thereof, enter into good and
sufficient security, to the satisfaction of the Court, for the due
performance of such Order as Her Majesty in Council shall
think fit to make thereon.
8. For the purposes of sections 5 and 7 of this Order, a Manner of
person may provide security in any manner that the Court may providing
approve in his case, and for the avoidance of doubts it is de- security.
dared that such security mar with the approval of the Court
consist in whole or in part of a deposit of money.
9.-(1) The preparation of the record shall be subject to the Preparation
supervision of the Court, and the parties may submit any dis- of record.
puted question arising in connection therewith to the decision
of the Court, and the Court shall give such directions thereon
as the justice of the case may require.
(2) The Registrar, as well as the parties and their legal
agents, shall endeavour to exclude from the record all docu-
ments (more particularly such as are merely formal) that are
not relevant to the subject matter of the appeal and, generally,
to reduce the bulk of the record as far as practicable, taking
special care to avoid the duplication of documents and the
unnecessary repetition of headings and other merely formal
parts of documents; but the documents omitted to be copied
or printed shall be enumerated in a list to be placed after the
index or at the end of the record.
(3) Where in the course of the preparation of a record one
-party objects to the inclusion of a document on the ground that
it is unnecessary or irrelevant and the other party nevertheless
insists upon its being included, the record, as finally printed
(whether in any of the Territories or in England) shall, with
a view to the subsequent adjustment of the costs of and inciden-
tal to such document, indicate in the index of papers or other-
wise, the fact that, and the party by whom, the inclusion of the
document was objected to.







(4) The reasons given by Judges of the Court for or against
any judgment pronounced in the course of the proceedings out
of which the appeal arises shall be communicated by them in
writing to the Registrar, and shall be included in the record.

Printing of 10.-(1) The record may be printed in any of the Territories
the record. or may be printed in England if the parties agree to its being
printed but in the absence of such agreement shall be duplicated
by process approved by the Registrar of the Privy Council. If
the record is to be printed it shall be printed in accordance with
the Rules set forth in the Schedule to this Order.
(2) Where the record is printed in any of the Territories the
Registrar shall, at the expense of the appellant, transmit to the
Registrar of the Privy Council forty copies of such record, one
of which copies he shall certify to be correct by signing his
name on, or initialling, every eighth page thereof and by affix-
ing thereto the seal of the Court.
(3) Where the record is to be printed or duplicated in Eng-
land, the Registrar shall, at the expense of the appellant, trans-
mit to the Registrar of the Privy Council one certified copy of:
such record, together with an index of all the papers and
exhibits in the case. No other certified copies of the record shall
be transmitted to the agents in Eigland by or on behalf of the
parties to the appeal.
(4) Where part of the record is printed in any of the Terri-
tories and part is to be printed or duplicated in England, subsec-
tions (2) and (3) of this section shall, as far as possible, apply
to such parts as are printed in any such Territory and such as
are to be printed or duplicated in England respectively.
Consolidation 11. Where there are two or more applications for leave to
of appeals. appeal arising out of the same matter, and the Court is of opin-
ion that it would be for the convenience of the Lords of the
Judicial Committee and all parties concerned that the appeals
should be consolidated, the Court may direct the appeals to be
consolidated and grant leave to appeal by a single order.


Failure to prose-
cute appeal.


12. Where an appellant, having obtained an order granting
him conditional leave to appeal, and having complied with the
conditions imposed on him by such order, fails thereafter to.
apply with due diligence to the Court for an order granting
him final leave to appeal, the Court may, on an application in
that behalf made by the respondent rescind the order granting*
conditional leave to appeal, notwithstanding the appellant's
compliance with the conditions imposed by such an order, and
may give such directions as to the costs of the appeal and secu-
rity entered into by the appellant as the Court shall think fit,
or make such further or other order in the premises as, in the
opinion of the Court, the justice of the case requires.







13.-(1) On an application for final leave to appeal, the Notice to
Court may enquire whether notice or sufficient notice of the other parties.
application has been given by the appellant to parties concerned
and, if not satisfied as to the notices given, may defer the grant-
ing of the final leave to appeal, or may give such other directions
in the matter as, in the opinion of the Court, the justice of the
case requires.
(2) The Registrar shall, with all convenient speed, transmit
to the Registrar of the Privy Coinncil a certificate to the effect
that the respondent has received notice, or is otherwise aware,
of the Order of the Court granting final leave to appeal and of
the transmission of the record to England.
14. An appellant who has obtained final leave to appeal shall Prosecution
prosecute his appeal in accordance with the Rules for the time of appeaL
being regulating the general practice and procedure in appeals
to Her Majesty in Council.

15.-(1) An appellant who has obtained an order granting Withdrawal
him conditional leave to appeal may at any time prior to the of appeaL
making of an order granting him final leave to appeal withdraw
his appeal on such terms as to costs and otherwise as the Court
may direct.
(2) Where an appellant, having obtained final leave to ap-
peal, desires, prior to the dispatch of the record to England, to
withdraw his appeal, the Court may, upon an application in that
behalf made by the appellant, grant him a certificate to the
effect that the appeal has been withdrawn, and the appeal shall
thereupon be deemed, as from the date of such certificate, to
stand dismissed without express Order of Her Majesty in Coun-
cil, and the costs of the appeal and the security entered into
by the appellant shall be dealt with' in such manner as the Court
may think fit to direct.
16. Where an appellant, having obtained final leave to ap- Dismissal for
peal, fails to show due diligence in taking all necessary steps non-prosecution.
for the purpose of procuring the dispatch of the record to Eng-
land, any respondent may, after giving the appellant due notice
of his intended application, apply to the Court for a certificate
that the appeal has not been effectually prosecuted by the appel-
lant, and if the Court sees fit to grant such a certificate the
appeal shall be deemed, as from the date of such certificate, to
stand dismissed for non-prosecution without express Order of
Her Majesty in Council, and the costs of the appeal and the.
security entered into by the appellant shall be dealt with in
such manner as the Court may think fit to direct.
17.-(1) Where at any time between the order granting final Substituting
leave to appeal and the dispatch of the record to England, the parties.
record becomes defective by reason of the death or change of






status of a party to the appeal, the Court may, notwithstanding
the order granting final leave to appeal, on an application in
that behalf made by any person interested, grant a certificate
showing who, in the opinion of the Court, is the proper person
to be substituted or entered on the record in place of or in addi-
tion to the party who has died or undergone a change of status,
and the name of such person shall thereupon be deemed to be
so substituted or entered on the record as aforesaid without
express Order of Her Majesty in Council.

(2) Where the record subsequently to its dispatch to England
becomes defective by reason of the death or change of status of
a party to the appeal, the Court shall, upon an application in
that behalf made by any person interested, cause a certificate
to be transmitted to the Registrar of the Privy Council showing
who, in the opinion of the Court, is the proper person to be
substituted, or entered on the record, in place of, or in addition
to, the party who has died or undergone a change of status.

Printing of case. 18. The case of each party to the appeal may be printed in
any of the Territories or printed or duplicated in England and
shall, in either event, be printed in accordance with the Rules set
forth in the Schedule to this Order, and shall be signed by at
least one of the counsel who attends at the hearing of the appeal,
or by the party himself if he conducts his appeal in person.
Form of ease. 19. The case shall consist of paragraphs numbered consecu-
tively and shall state, as concisely as possible, the circumstances,
out of which the appeal arises, the contentions to be urged by
the party lodging the case, and the reasons of appeal. Reference
by page and line to the relevant portions of the record as
printed shall, as far as practicable, be printed in the margin,
and care should be taken to avoid, as far as possible, the re-
printing in thp case of long extracts from the record. The tax-
ing officer, in taxing the costs of the appeal shall, either of his
own motion or at the instance of any party, inquire into any
unnecessary prolixity in the case, and shall disallow the costs
occasioned thereby.

Costs in 20. Where the Judicial Committee directs a party to bear
Territories, the costs of an appeal incurred in any of the Territories, such
costs shall be taxed by the proper officer of the Court in accord-
ance with the rules for the time being regulating taxation in
the Court.

Enforcing 21. Any Order which Her Majesty in Council may think fit
judgment. to make on an appeal from a judgment of the Court may be
enforced in like manner as any judgment of the Court should
or might have been executed.








22.--(1) In respect of any judgment of the Federal Supreme Pending
Court established by the West Indies (Federation) Order in pro00dinge.
Council 1957(a) given before the commencement of this Order,
an appeal may be commenced, continued and concluded or
continued and concluded, as the case may be, in accordance
with the provisions of this Order as nearly as may be as if it
were an appeal from a judgment of the Court.
(2) Any Order that Her Majesty in Council may see fit to
make on any such appeal or any Order on an appeal from the
Federal Supreme-Court made by Her Majesty before the com-
mencement of this Order, but not enforced before such com-
mencement, may be enforced as if it were an Order made on
an appeal from a judgment of the Court.


23. There shall be no right of appeal direct to Her Majesty
in Council from a determination of a court of a Territory.


24. Nothing in this Order contained shall be deemed to in-
terfere with the right of Her Majesty upon the humble petition
of any person aggrieved by any judgment of the Court, to admit
his appeal therefrom upon such conditions as Her Majesty in
Council shall think fit to impose.


No right of
appeal direct to
Her Majesty in
Council.

Special leave to
appeal.


W. G. Agnew.


THE SCHEDULE.

I. Records and eases in appeals to Her Majesty in Council Sections 10 (1)
shall be printed in the form known as demy quarto. and 18.
II. The size of the paper used shall be such that the sheet,
when folded and trimmed will be 11 inches in height and 8/2
inches in width.
III. The type to be used in the text shall be pica type, but
long primer shall be used in printing accounts, tabular matter
and notes.
IV. The number of lines in each page of pica type shall be
47 or thereabouts, and every tenth line shall be numbered in
the margin.

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






a

EXPLANATORY NOTE

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

This Order is complementary to the British Caribbean (Court
"of. Appeal) Order in Council 1962(a). It regulates appeals
from the British Caribbean Court of Appeal, by prescribing
the conditions under which such appeals may be brought and the
procedure which must be followed.

(a) 8.I. 1962.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 32 cents. ]
1962.









SAINT VINCENT.


Report of Department of Labour for the Years 1959 and 1960.


CONTENTS Paragraphs

I. Staff-including Duties and Financial Provision .. 1 20

II. General Review-
Population .. .. .. .21
Employment .. .. .. .22
Wages .. .. .. .. 23 24
Arbitration-Arrowroot Association .. .25
Salaries-Revision Civil Service .. 26
Commission of Inquiry-Sugar Industry .. 27
Commission of Inquiry-Banana Industry .. 28
Labour Day .. .. .. .29
Port Workers' Committee . .. .. 30
Labour under New Constitution .. 31.

III. Industrial Relations:-
Mt. Bentinck Estates Ltd. .. .. 32
Arrowroot Association .. .. 33
Cotton Ginnery .. .. 34
Richmond Vale Land-Settlement Estates .. 35
F.I.A.W.U. & N.W.U. .. .. 36
St. Vincent Electricity Services .. .. 37
Trade Unions .. .. .. .38

IV. Safety, Health and Welfare:-
Workmen's Compensation .. .. .. 39
Factories .. .. .. ..: 40

V. Living Conditions .. .. .. 41
VI. Health .. .. .. 42
VII. Sociological Aspect .. .. .. .. 43 46
VIII. Social Security .. .. .. 47
IX. Women and Children .. .. .. 48- 49
X. Legislation .. .. 50
XI. Miscellaneous .. .. .. 51 53

(STATISTICS as regards wages etc; attached to Report).

The Labour Commissioner was away on Vacation Leave during the greater
part of 1960 and the Labour Inspector, who acted as Labour Commissioner was,
soon after his departure, promoted to St. Kitts as Labour Commissioner. Con-
sequently no Report for 1959 was submitted. This Report therefore covers two
years-1959 and 1960.

I. STAFF.
1. The Staff of the Department of Labour at the 31st December, 1960,
comprised of the following:-

Labour Commissioner C. G. Huggins
Labour Inspector S. B. Cox
Senior Clerk Miss Beryl Richards
Junior Clerks Miss Patricia Antrobus
Miss Cynthia DaSilva
Messenger Brenton Morris

2. Mr. Elmore Providence, Clerk to the Port Workers Committee, was
granted sick leave as from 18th February, 1959 and Vacation Leave from 1st
March, 1959, prior to the termination of his temporary appointment.

3. Mr. Orin Ashton who succeeded Mr. Elmore Providence on 2nd March,
1959, was transferred to Government Office on 6th March, 1959.

4. Miss Louise Charles who was attached to the Department as a Proba-
tionery Clerk, from 6th March, 1959 was transferred to the Inland Revenue
Office on the 16h April, 1959.
3.g7't















.C<5^ \












5. Miss Beryl Richards, Senior Clerk, replaced Miss Carmelita Porter as
from 17th April, 1959, consequent on the provision made in the 1959 Estimates
for one Junior Clerk to be replaced by a Senior Clerk.

6. Miss Carmelita Porter, Junior Clerk, was transferred to Government
Office on 15th April, 1959.

7. Miss Patricia Antrobus replaced Miss Louise Charles on 14th May, 1959.

8. Miss Agnetta Mitchell, Junior Clerk, resigned from the service and left
St. Vincent on 30th August, 1959 for Canada.

10. Mr. C. G. Huggins, Labour Commissioner, was granted 8 months Vaca-
tion Leave with effect from 20th May, 1960. Mr. Huggins spent the first two
months of his Vacation Leave Studying International Labour Standards at the
International Labour Office Headquarters in Geneva on an ILO Fellowship.

11. Mr. J. B. Cox, Labour Inspector, acted as Labour Commissioner from
S20th May, 1960 until 5th August, 1960 when he was promoted' to the post of
Labour Commissioner in St. Kitts. Mr. T. V. Young, Public Assistance Officer,
acted as Labour Commissioner from 5th August, 1960 until 31st December, 1960.

12. Mr. Claude Samuel, Class I Clerk, Government Office acted as Labour
Inspector from 20th May, 1960 until 30th September.

13. Mr. S. B. Cox, Inspector of Accounts, Treasury, was transferred to the
post of Labour Inspector with effect from 5th August, 1960 but assumed duties
on the 1st October, 1960.

14. Miss Vedette Vanloo, who joined the staff on 1st April, 1960 as a
Temporary Clerk, was transferred to Government Office on 10th November, 1960.

15. Miss Cynthia DaSilva succeeded Miss Vanloo as from 1st November,
1960.

16. Duties of Labour Commissioner:- The duties of the Labour Com-
missioner include the following:-
(1) To advise Government on Labour matters.
(2) To investigate representations made by employers and em-
ployees with a view to settling disputes and improving labour
relations.
(3) To advise and assist Trade Unions in Organisation and Trade
Union practice.
(4) To visit the various places of employment with a view to studying
wage rates, hours of work and conditions of work.
(5) To assist in placing employees in employment.
(6) To assist employers and employees in connection with claims
arising under the Workmen's Compensation Ordinance.
(7) To collect and collate labour statistics.
(8) To ensure the enforcement of labour legislation.

17. Duties of Labour Inspector:- The Labour Inspector is responsible
for checking employers' records in connection with wages, hours of work and
holidays with pay. He assists in collecting labour statistics, in investigating
disputes and in placing workers in employment. He is also responsible for
supervising the Office Staff.
18. Duties of Senior Clerk:- The Senior Clerk is responsible for the
Accounts of Workers recruited for work in U.S.A.

19. Duties of Junior Clerk:- One Junior Clerk is responsible for typing,
filing and other Clerical work. The other assists the Senior Clerk in keeping
the accounts of the recruited Workers.











20. Finance:- The amounts provided in the Estimates of the territory
for the Department for 1959 was $16,870 and for 1960 $15,350 made up as
follows:-
1959 1960
Personal Emoluments $12,460 $11,900
Other Charges 4,410 3,450
Special Expenditure -

$16,870 $15,350

II. GENERAL REVIEW.
21. Population:- A Population Census was taken on the 7th April
1960. The Population of St. Vincent and the St. Vincent Grenadines was
80,042. The last Census was taken in 1946 when the population was 61,647.

22. Employment:- The Banana industry, the heavy road and building
programme of the Public Works Department including the construction of the
new Airfield and Terminal as well as the expanding arrowroot industry pro-
vided a great deal of employment during the period.
23. Wages:- Wages were increased as a result of Collective Agreement
between (a) F.I.A.W.U. (Federated Industrial and Agricultural Workers'
Union) and Geest Industries Ltd. on 18th February, 1959 (b) F.I.A.W.U. and
Mt. Bentinck Estates Ltd., on 5th March 1959 (c) F.I.A.W.U. and the Cotton
Ginnery on 13th March, 1959 (d) F.I.A.W.U. and Geest Industries Ltd., on
22nd March, 1960 (e) F.I.A.W.U. and Mt. Bentinck Estates Ltd., in February,
1960.

24. Wages were also increased by Wages Councils for (a) Industrial
Workers as from 1st November, 1960 and for (b) Agricultural Workers as from
19th December, 1960.

25. Arbitration-Arrowroot Association: Mr. J. W. Chenery, retired
Judge, was appointed Sole Arbitrator, in May 1959 in connection with a dispute
between the F.I.A.W.U. and the Arrowroot Association. The Arbitrator was
asked to arbitrate on (1) whether or not the F.I.A.W.U. should represent
the monthly employees of the Association. The Arbitrator did not agree that
the Union should represent monthly paid employees (2) whether or not there
should be an increase in wages for daily and weekly paid employees. 12%
increase was awarded (3) Closed Shop. The Arbitrator did not agree that
there was any justification for a Closed Shop.

26. Salaries Revision: Mr. C. A. Grossmith C.M.G., O.B.E., was appoint-
ed a one-man Commission in July 1960 in connection with the revision of
Salaries of Civil Servants, Teachers, Nurses and Police.

27. Commission of Inquiry: Sir Archibald Cuke (Chairman), Mr.
George T. Warner (General Manager of St. Kitts Sugar Factory) and Mr.
Osmond Dyce (Secretary Cadorit) were appointed members of a Commission
in July 1960 "To examine and report on the organisation of the St. Vincent
Sugar Industry with particular reference to the means of production, wages
structure and working conditions and to make recommendations". The Com-
mittee has not yet met due to the absence of the Chairman in the United
Kingdom.

28. Banana Industry: There was a Commission of Inquiry under the
Chairmanship of Mr. A. A. Shenfield in March/April 1959 in connection with
the banana industry.

29. Labour Day: was celebrated in May, in 1959 and 1960 by the Trade
Unions.

30. Port Workers' Committee: The Port Workers Committee, which was
appointed in 1958 ceased to function as from March 1959 at the request of the
local Shipping Companies who continued, from this date, the old system of
employing and paying port workers.










4

31. Labour Under Ncw Constitution: Under the new Constitution the
responsibility for Labour was transferred from His Honour the Administrator
to an Elected Member of Council as from 1st January, 1960. This was at first
attached to the Portfolio of the Chief Minister but was later, in the year,
transferred to the Minister of Trade and Production. Under the new Constitu-
tion the post of Labour Adviser, Windward Islands, was also abolished.

III. INDUSTRIAL WORKERS.
32. Mr. Brntirick Estates Ltd.: Conseouent on the refusal of the Com-
pany to consider the question of retro-active payment as reque:;.ed by the
F.I.A.W.U., the workers went on strike from February 2-16, 1959. The Com-
pany finally agreed to give the workers a bonus for 1958.

33. Arrowroot Association: An Agreement was signed between the Asso-
ciation and the F.I.A.W.U. on 22nd February, 1959 recognizing the Union as a
Bargaining Agent for Workers employed by the Association. Both sides were
subsequently unable to agree on the question of wages etc. for the workers and
the matter was referred to Arbitration (See Section 25 of this Report.)
34. Cotton (innery: The F.I.A.W.U. was recognized as the Bargaining
Agent for the workers of the Cotton Ginnery but the Ginnery was burnt down
in November, 1959.
35. Richmoiwd Vale Land Sctilcment Estates: The Arrowroot diggers
employed on the Richmond Vale Land Settlement Estates went on strike from
December 28, 1959-14th February, 1960 in protest against the amount paid out
to them as bonus. The workers eventually returned to work but only after
the General Manager was removed.
30. F.I.A.W.V. and N.W.U.: There was a split in the F.I.A.W.U. and
this resulted in the establishment of the N.W.U. (National Workers Union).
Consequent on this the Arrowroot Association ceased to recognise the F.I.A.W.U.
as a Bargaining Agent. It was only after a poll was taken that Geest Tudustries
Ltd., agreed to continue to recognize the F.I.A.W.U. as a Bargaining Agent
for its Workers.
37. St. Vincent Electricity Services: The F.I.A.W.U. applied to the St.
Vincent Electricity Services for recognition as a Bargaining Agent. A Poll
was taken by the Labour Department and the matter is under consideration.

38. Trade Inions: There are six (6) registered Trade Unions with mem-
bership at the 31st December, 1960, as follows:
(1) Federated Industrial and Agricultural
Workers ITnion membership: .. Membership
not available
(2) United Workers Union: .. ,
(3) National Workers Union: .. ..
(4) Civil Service Union: .. .. 159
(5) Teachers Union (Primary Schools) .. 375
(6) Secondary School Teachers' Union .. 25

IV. SAFETY, HEALTH AND WELFARE.
39. Workmen's Compensation: The number of cases reported to the De-
partment of Labour in connection with Workmen's Compensation during the
last three (3) years, was, as follows:
1958 1959 1960

113 132 94

40. Factories: There is a Factories Ordinance on the Statute Book but:
there is, as yet, no person specially trained for this purpose. In the meantime,
inspection is carried out by the Labour Commissioner.

V. LIVING CONDITIONS.
41. The Central Housing and Planning Authority helps to provide low
cost houses for workers. Workers on some Estates have been re-settled else-
where. The policy is to re-settle workers, living on estates, on house spots of
their own and in villages.












VI. HEALTH.

42. Workers attend at Health Clinics in several areas for medical atten-
tion and the mdre serious cases attend at the General Hospital in Kingstown.
There have been no surveys to enable a true picture to be given of the health of
workers from a comparative point of view.

VII. SOCIOLOGICAL ASPECT.

43. In 1959, 86 workers and in 19.60, 209 workers were recruited for farm
work in U.S.A.
44. In 1959, 322 permsns and 1960, 1,204 left for the United Kingdom in
search of employment.

45. In 1959, 16 girls and 1960, another 16 girls Were recruited for domestic
work in Canada.

46. Many of our workers, who were recruited for work in both Curacao
and Aruba, were laid off during the period and returned to St. Vincent. Some
have since left for the.United Kingdom.

VIII. SOCIAL SECURITY.

47. There are no social security schemes in St. Vincent. There is, how-
ever, a Workmen's Compensation Ordinance under which workers are entitled
to compensation ,for injuries arising out of and in the course of employment.
Many workers also belong to Trade Unions and Friendly societies which provide
sink and death benefits. Help is given to necessitous cas by Government in
Sthe form of public assistance. The amount voted for this purpoa in 190
was $84,000 and in 1960, $34,000.

IX. "WOMEN AND CHILDREN.

48. There i legislation for the protection of women and children in
saoordanoe with ILO Convention.

49. The Primar School age is from 5-15 years. Primary Education is
free but not compulsory. There are 50 Primary Schools. There are two
Government owned Secondary BShools (one for boys and one for girls) and two
Private Secondary Schools (both co-educational), one pf which i subsidized by
Government.

X. LEGISLATION.
50.. The following were enacted during the period:-
(1) The Industrial Workers Wages Regulation Order, 1960, (S.R. & 0.
SNo. 34 of 1960). This Order which became effective on 1st Novem-
ber, 1960, replaced the Industrial Workers Wages Regulation
Order, 1957..
(2) The Agricultural Workers Wages Regulation Order, 1960,
(S.B.. & 0. No. 39 of 1960). This orderbecame effective on the
19th December, 1960 and replaced the Agricultural Worker -
Wage .Regulation Order,'1956..

XI. MISCELLANEOUS.

51. Household Budgetary Burey: Mis O'Laughlin, Federal National
Income Statiitician,' visited St. Vinoept from August 6-9, 1960 in eonneotion
with a Household Budge" ry Survey. Mr. C. C. Samuel, than eating Labour
Inspector, spent two weeks in Barbados in September, 1960 undergoing training
for this purpose. The Survey has since.started and is continuing.

.52. Mr. 3. M. Hyde-Clarke, Director, Oerseas Emplyers Federation,
visited: t. Vincent from April, 6-9, 1960.








.11

J; . ; . ,- '











6

53. Mr. C. G. Huggins, Labour Commissioner, spent two months at the
International Labour Ofice Headquarters, in Geneva under an International
Labour Office Fellowship.

C. G. HUGGINS,
Labour Commissioner.



Department of Labour,
Kingstown,
St. Vincent,
West Indiea,
27th April, 1961.













*-*; . *












7

1959 1960

TABLES.

STATISTICS.

TABLE 1 (A).

Occupational Distribution of Gainfully-Occupied Statistics not available.

TABLE 1 (B)


Wage-earners employed


in Industries and

AGRICULTURE

1959


Service (Estimated).


Period
December-May
June-November


Period
December-May
June-November


Males
2,750
1,580


Males
2,870
1,600


Females
3,800
1,970

1960
Females
3,860
1,985


Total Remarks
6,550 Peak Period
3,550 lack Period
3,550 Slack Period


Total
6,730
3,585


Remarks
Peak Period
Slack Period


PUBLIC WOPrS DEPARTMENT

1959


Period
December-May
June-November



Period
December-May
June-November


(Skilled

Males
1,455
1,298


Males
1,605
1,375


and Unskilled

Females
720
750


1960

Females
795
810


Workers)

Total
2,175
2,058


Total
2,425
2,185


Remarks
Crop Time
Out-of-Crop



Remarks
Crop Time
Out-of-Crop


COMMERCIAL

Males
506
556

TABLE 2.


Females
364
400


Total
870
956


Persons Unemployed.
Statistics are not available.

TABLE 3.

Employment Exchanges.

No Employment Exchanges are Maintained.

TABLE 4.
There are no organised training schemes. This matter is under considera-
tion.


1959
1960















TABLE 5.
Wage Rates for workers employed in the principal trades,
Services.


Rate of Wages


Agricultural Worker-Male
Female
Industrial Worker -Male
,, ,, Female


$1.20 per
$ .96
$1.50
$1.20


WORKSHOP ETC.
1959 & 1960.
Apprentice Grade B


Mechanic:
Tailor:
Shoemaker:


$4.00-$7.00
$3.50-$6.00
$- -


1960
$1.40 per day
$1.12
$1.80
$1.44


Grade A


$7.00-$10.00 $10.00-$15.00
$6..00-$12.00 $12.00-$18.00
$3.00-$ 5.00 $ 5.00-$ 8.00


(per week)
(per week)
(per week)


PRINTERS.
Apprentice
Press Men
Junior Compositor
Senior Compositor
Linotype Operator
Ruler Binder

BAKERY.
Tablehand .
Ovenman .. .
Foreman .....

CONSTRUCTION.
Carpenter
Mason .... .....
Painter


TRANSPORT.
Taxi-driver -
Bus and Truck driver ....


SEAMEN.
Captain ......
Mechanic
Mate
Cook
Sailor


TRADE AND COMMERCE.
Shop Assistant-Kingstown
Male .... ..

Female .... .


Rural Areas
Male

Female .


$ 50.40
$114.00
$ 84.00
$153.33
$192.00
$153.33


month Min.
month Min.
month Min.
month Min.
month Min.
month Min.


... $11.00--14.00 per week
.-... $11.00-$14.00 per week
... $11.00-$14.00 per week


...... ...... $3.50-$6.50 per day
$3.50-$5.50 per day
. $3.50-$5.00 per day


S$35.00-$44.00 per month
$12.00-$15.00 per week


$138.00
$ 85.00
$ 50.00
$ 37.00
$ 37.00


$44.00 per month or
$11.00 per week minm.
$38.00 per month or
$ 9.50 per week minm.


$40. 00 per month or
$10.00 per week minm.
$34.00 per month or
$ 8.50 per week minm.


Industry


industries and.


Normal Hours
of work
per day


Hours
8
8
8


6- 7

6- 7


8- 7

6- 7


...~ 1. I
UI

......













Rates of Wages


Normal Hours
of work
per day


PUBLIC AND OTHER SERVICES.

(1) Government Clerical Service


Probationary Clerk ...... ...... $720 p.a. 61/2
Class III Clerk ..... ...... $864 x $72-$1,296 p.a. 61/2
Class II Clerk ...... ..... $1,368 x $86.40-$1,627.20 x 61/
$100.80-$1,929.60
Class I Clerk ...... ..... $1,497.60 x $100.80-$1,900.80 x 61/
$115.20-$2,707.20
Junior Clerk ................ $892.80 x $86.40-$1.152 x 61/2
$100.8C-$1,958.40
Senior Clerk ...... ...... .... $2,106 x $115.20-$2,707.20 61/2

N.B. The Grossmith's Report recommended a regrade of Salaries effective
from 1st April, 1960. However, at the end of the year under review the recom-
mendations were still being considered.


(2) Primary School Teachers


Organiser
Head Teacher, Grade I
. Grade II
Qualified Assistant Teacher
Certificated Assistant Teacher

Holders of A.C.P. or H.S.C ......
Probationary Assistant Teacher
Student Teachers ...... ......
Pupil Teachers-Grade III .....
Grade II .....
Grade I ......
Supernumerary


$3,180 x $120-$3,480 p.a.
$2,760 X $120-$3,120 p.a.
$2,100 x $120--$2,700 p.a.
$1,380 X $120-$2,220 p.a.
$1,020 x $60-$1,500 x $120--
$1,860 p.a.
$1,980 p.a.
$720 x $60-$1,260 p.a.
$570 x $30-$960 p.a.
$520 p.a.
$500 p.a.
$480 p.a.
$240 p.a.


N.B. The Grossmith's Report recommended a regrade of Salaries effective
from 1st April, 1960. However, at the end of the year under review the recom-
mendations were still being considered.


Domestic Service
$10.00 per month with meals ....... .....
$18.00 per month without meals


TABLE 6.
Actual average weekly earnings of wage-earners.
Statistics are not available.





TABLE 7.
COST-OF-LIVING INDEX FIGURES FOR 1959.


Year Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec.

1959 343 343 347 343 343 343 343 343 343 358 358 358

Retail Prices of the more important items included in the Index for Kings-
town, The Grenadines, Windward/Leeward District.


Industry














KINGSTOWN DISTRICT.

Unit of
Article Quantity March June Sept. Dec.


Bread ...... ...... oz. 1.6c 1.64 1.64 1.64
Fish, fresh ........ lb. 324 320 320 324
Meat ...... ...... ...... ..... lb. 754 754 754 75,
M ilk ...... ...... ...... .... pt.- 6 64 64 6
Sugar (Unrefined) b. 110 100 10o 100
Vegetables .... ..... lb. 10.334 10.334 10.334 10.334
Rice ...... ...... ...... lb. 164 16 164 164
Shirts, working each $1.94 $1.94 $1.94 $1.94
Trousers (denim and
Khaki) ...... yd. 964 964 960 964
Shoes, leather (Men) ...... pr. $7.95 $7.95 $7.95 $7.95
S(women) ..... pr. S5.75 $5.75 $5.75 $5.75
Charcoal ........ ... bag $3.50 $3.50 $2.75 $2.75
Cigarettes pk. 204 204 204 204


WINDWARD/LEEWARD.


Article Unit o March June Sept. Dec.
Quantity

Fish, fresh l....b. 383 304 380 404
Meat .... ..lb. 604 600 600 604
Unrefined Sugar l. Ib. 101/2C 1012 10Vz/2 100
Vegetables ...... .. lb. 9.64 9.64 9.64 8.34
Rice ...... ... .. Ib. 17 174 174 174
Oil, kerosene .. -. pt. 104 100 104 10(
Soap ...... ..... ......bar 534 534 534 530
Shoes, leather (Men) pr. $7.95 $7.95 ,57.95 $7.95
S(women) ...... pr. $5.75 $5.75 $5.75 $5.75
Cotton, white yd. 574 574 574 574
Denim ..... ... yd. 844 844 844 844
Khaki, Drill .... ..... yd. $1.08 $1.08 $1.08 $1.08
Prints ...... yd. 438 484 484 484


GRENADINES DISTRICT.

Cassava (Farine) cup 224 224 224 224
Corn (ground) lb. 124 124 124 124
Fish, fresh ...... lb. 184 184 184 184
Rice ...... ...... lb. 174 174 174 174
Oil, kerosene _. pt. 104 104 104 106
Soap .... ..... bar 534 534 534 534
Shirts, working. each $1.95 $1.95 $1.95 $1.95
Trousers, working yd. 964 964 964 964
Shoes, leather (women) .._ pr. $5.75 $5.75 $5.75 $5.75
Prints ... .. yd. 484 484 484 486
Tobacco .. oz. 16.54 16.54 16.54 16.54
Sugar ..... .... lb. 11 110 114 114


TABLI 8.
Summary of Prosecutions against employers and workers.

TABLE 9.
Number of Industrial Accidents.
1959 Total: 132.
1960 -Total: 94.
(See Appendix)











11

TABLE 10.

Federated Industrial and Agricultural Workers' Union Registered 12th April, 1952,

Membership at 31.12.59-not available.
do. at 31.12.60- do.

St. Vincent Teacher's Association Registered 1st July, 1952.
Membership at 31.12.59-390.
do. at 31.12.60-375.

Civil Service Association Registered 12th February, 1954.
Membership at 31.12.59-160.
do. at 31.12.60-159.

Secondary School Teachers' Association Registered 4th December, 1957.
Membership at 31.12.59-27.
do. at 31.12.60-25.

United Workers' Union Registered 16th August, 1958.
Membership at 31.12.59.-not available.
do. at 31.12.69- do.


TABLE 11.
Industrial Disputes.









REPORT OF THE REGISTRAR OF THE SUPREME COURT
FOR THE YEAR 1959.


Registrar's Chambers,
Kingstown,
St. Vincent, W.I.


Sir,

I have the honour to submit this Administration Report on the working of
the office of the Registrar for the Supreme Court and Deeds Registry for the
financial year ending 31st December 1959.

STAFF

The Acting Chief Justice Mr. K. L. Gordon was seconded to the Supreme
Court of British Guiana as Puisne Judge while Mr. Justice C. G. X Henriques
was appointed in April, 1959 to the post of Chief Justice Windward Islands
and Leeward Islands. The Honourable Mr. Justice G. L. Taylor, Puisne Judge
for the St. Vincent and Dominica circuits of the Supreme Court of the Wind-
ward Islands and Leeward Islands conducted the Court here. Business in the
Dominica Circuit took His Lordship away from the Colony during the months
of January, April, July and November.

The year opened with the Deputy Registrar, Mr. D. Elson Weekes, in the
office of Acting Registrar for the Supreme Court which became vacant
from the 1st September .1958 when the last substantive holder Mr. C. O. R.
Phillips, Barrister-at-law proceeded to the Antigua Circuit. This state of
affairs continued until Mr. H. M. Squires, Barrister-at-Law, was seconded to
the post from Grenada on the 11th June, 1959. On 16th July, 1959 Mr. O. S.
Barrow, Chief Clerk to the Department was promoted to the post of Clerk
to the Legislative Council with retrospective effect from the 1st June 1959
and so proceeded. He was succeeded by Mr. D. A. Niles. Around this period
Miss Vernice Haynes, Senior Clerk and Stenographer was added to the staff.

Meanwhile Miss Eileen Haynes, Class III Clerk resigned for the purpose
of going to Canada while Miss Jean Cambridge was transferred to the Medical
Department. Messrs. David Phillips and Olvette John succeeded to the
vacant offices. Finally the Deputy Registrar Mr. D. Elson Weekes was
granted vacation and study leave and left the colony for the United Kingdom
on 1st December, 1959. Mr. D. A. Niles was appointed to act in his stead.

Thus the staff of the Registry witnm six months with the exception of
one probationer clerk was a completely new one.

LEGISLATION

The following legislative measures affecting the administration of the
department were assented to and became law during the year under review,
1959 viz:

PROCLAMATION

(1) Leeward Islands and Windward Islands (Courts) (Circuits and sit-
tings) (Amendment) Rules, 1957-Proclamation that the said Rules
come into force on the 15th day of July 1959.

IMPERIAL ORDER IN COUNCIL

The Windward Islands and Leewards Islands (Courts) Order in
Council 1959 made 21st December 1959 and coming into effect 1st
January 1960.












2

SUPREME COURT AND OFFICE OF REGISTRAR

1958 1959


Actions filed in the Supreme Court
Divorce Suits
Appeals (Magistrates)
Income Tax (Appeals)
Windward Islands and Leeward Islands Court of
Appeals....
Federal Supreme Court Appeals....
Applications, Summons etc. in chambers
(a) Original Jurisdiction
(b) Summary ,,
Cases filed in the Summary Jurisdiction of the
Supreme Court
Criminal Cases....
Probate and Letters of Administration
Search in Court records
Trade Marks renewals and registrations
Writ of Fieri Facias Jurisdiction of Court
United Kingdom Patents
Foreign Patents
Business Names


72
13
14
2


- 1


15 26
- 2


62 62
60 26
83 52
22 32
42 42
25 19

- 1
3 13


REGISTRATION OF DEEDS

During the year 1959 documents numbering 1390 were admitted for
registration as compared with 1275 during the previous year. Hereunder
comparison is made of the classification for the two years 1958 and 1959 as
follows:-

1958 1959


Agreements
Conveyances
Reconveyances and Releases
Deeds of Gift
Deeds of Assent
Deeds of Further Charge
Deeds of Trust
Deeds (other kinds)
Grants of Crown Lands
Equitable Mortgages and Charges
Leases
Mortgages
Powers of Attorney
Probates and Letters of Administration
Writs of Seizure fi. fa
Assignments and reassignments
Agric Advances Liens
Debentures
Bills of Sale


- 8
..... 478
125
42
- 53
10
1
20
41
119
7
180
18
83
25

4


17
494
129
69
66
10
1
37
59
155
4
176
34
52
19

3


.... 60 64


BUSINESS NAMES

Thirteen (13) new business names were registered during the year 1959
as compared with three registered in 1958.

COMPANIES
Six new companies were registered during the year 1959 as compared with
two in the previous year 1958.

TRADE UNIONS

National Workers Union was the only organisation to register as a trade
union during the year 1959. St. Vincent United Workers Union was the sole
registration for 1958.












REGISTRATION OF BIRTHS AND DEATHS
The following is a comparative table of births and deaths registered in
the colony for the years 1958 and 1959:
1958 1959
Births ..... 3930 4051
Birth Rate ...... 48.01 48.69
Deaths ...... 1223 1141
Death Rate ..... 14.94 13.71
Still Births ...... 103 92
Still Birth Rate ...... 2.56 2.2
A sum of $160 was expended during the year for the payment to District
Registrars for Registration of Births and deaths in the various districts. In
1958 $170 was similarly expended.

MARRIAGES
There were 320 marriages solemnized in the colony during the year 1959.
Of these 8 were civil marriages conducted by the Registrar. Two Decrees
Absolute of Divorce were pronounced during the year 1959. In 1958 there
234 marriages in the colony-Civil marriages numbered 18 and Divorces pro-
nounced then numbered 4.
REVENUE
Fees collected by the Registrar for searches of births deaths and marri-
ages, deeds and Court records as well as for Probate and Letters of Adminis-
tration and under the Companies Act totalled $7,437.00 as compared with
$5,389 collected during 1958. Registration fees under the Stamp Duties
Ordinance amounted to $27,022.03 as compared with $20,171.85 for the year
1958.
The collection of Estate and Succession duties have been reorganised in
accordance with the Ordinance No. 6 of 1939 which provides for a Commis-
sioner and Deputy Commissioners for the purposes of valuation. His Honour
the Administrator approved the appointment of the Registrar of the Supreme
Court as Commissioner and the Deputy Registrar, Inland Revenue Officer and
Crown Surveyor as Deputy Commissioners vide No. 406 Government Gazette
Vol. 92 No. 49 Page 327 dated 22nd September 1959. Total revenue collected
the year amounted to $95,018.00 as compared with $29,706 collected during
1958.
FINES AND FORFEITURES OF COURT
Unlike the summary Courts, the fines and forfeiture of the Supreme Court
are comparably small as penalties on indictment rarely ever allow for the
alternative of a fine. Consequently no fines were inflicted or collected during
the year 1959. In 1958 $175.00 was collected.
EXPENDITURE
Expenditure for the year 1959 amounted to about $23,600 as compared
with $21,675 expended during 1958. Of this amount $4,028 was used up for
the criminal sessions as compared with $5,232 spent in 1958.
GENERAL
The Department during the last six months of the year experienced some
very trying days with inexperienced and impermanent staff magnified by the
increasing volume of work. The storm has indeed been weathered and accord-
ingly I make mention of Mr. Daniel Niles and Miss Vernice Haynes who ably
supported me in the task.
I have the honour to be,
Sir,
Your obedient Servant,

H. M. SQUIRES,
Registrar Supreme Court.
His Honour the Administrator,
Government Office,
Kingstown,
St. Vincent.




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