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 Ordinance No. 22 of 1968: An Ordinance...
 Ordinance No. 23 of 1968: An Ordinance...
 Ordinance No. 24 of 1968: An Ordinance...














Title: Saint Vincent government gazette
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Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/01018
 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: August 6, 1968
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: VID01018
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 277
        Page 278
        Page 279
        Page 280
    Ordinance No. 22 of 1968: An Ordinance to establish and control the Arnos Vale Playing Field and for other purposes connected therewith
        A-223
        A-224
        A-225
        A-226
        A-227
        A-228
    Ordinance No. 23 of 1968: An Ordinance to repeal and replace the Windward Islands Banana Insurance Ordinance, 1960, as amended
        A-229
        A-230
        A-231
        A-232
        A-233
        A-234
        A-235
        A-236
        A-237
        A-238
        A-239
        A-240
        A-241
        A-242
        A-243
        A-244
        A-245
        A-246
        A-247
        A-248
        A-249
        A-250
        A-251
        A-252
        A-253
        A-254
        A-255
        A-256
        A-257
        A-258
        A-259
    Ordinance No. 24 of 1968: An Ordinance to amend the Emergency Powers Hurricane, Earthquake, Fire, Flood or any natural disaster Ordinance
        A-260
        A-261
Full Text



277


SAINT VINCENT


GOVERNMENT GAZETTE


unblisleb bT AntljhritG.


VOL. 101.] SAINT VINCENT INTENT TUESDAY A'G'T. 18 [No. 49.


GOVERNMENT NOTICES.


No. 153.
HURRICANE NOTICE.

It Is hereby notified for general information that in the event of a hurricane
threatening or approaching the Island, the following warnings will be given:-


A red flag with a black
rectangular centre will be
flown on Police Headquar-
ters.


(2) Loud Speaker and Radio
announcements.
(3) Three saluting guns will
be fired.


A red flag with a black
rectangular centre will be
flown from Police Stations.


(2) Loud Speaker and Radio
announcements.
16th July, 1968.


No. 173.
APPOINTMENTS

REVISING OFFICER.
It is notified for general information
that Mr. J. A. POMPEY, Assistant
Secretary, Ministry for Housing, Local


FINAL HURRICANE WARNING
(1) Two red flags with black
rectangular centres one
above the other will be
flown on Police Headquar-
ters.
(2) Church Bells will ring for
5 minutes.

(3) The siren will blow for 5
minutes.

(1) Two red flags with black
rectangular centres will be
flown from Police Stations.
(2) Church Bells will ring for
5 minutes.


Government and Commnunity Develop-
ment, has been appointed as Revising
Officer to hold a Court for the purpose
of Revising the Electors' Roll of the
Kingstown Town Board for the year,
1968.
6th August, 1968.
(L.G. 03/19).


KINGSTOWN (1)


CAUTIONARY


RURAL AREAS (1)







278 SAINT VINCENT, TUESDAY, 6 AUGUST, 1968.-(No. 49.)


No. 174.


MARRIAGE OFFICER.


The Revd. ALEXANDER COX, C.R., as a
Marriage Officer with effect from 6th
August, 1968.
6th August. 196S.
(C.M. 508).



No. 175.
VACANT POSTS.

PARLIAMENTARY COUNSEL-
LEGAL DEPARTMENT.

Salary-$9,600 per 11annum (fixed)

Applications are invited from suit-
ably qualified persons for the above
post which is permanent and pension-
able. Applicants should be Barristers-
at-Law.
Application forms (S.C. 21) and full
-details of post may be obtained from
the Establishment Officer, St. Vincent.
Completed application forms should
reach the Chief Personnel Officer, Ser-
vice Commissions Department, "Flod-
den", Culloden Road, St. Michael, not
later than 31st July, 1968.
Service Commissions Department,
6th August, 1968.



No. 176.
VACANT POST OF SENIOR TECHNICAL
OFFICER, INDUSTRIAL STANDARDS BUREAU.

Applications are invited from suit-
ably qualified persons for appointment
to the above post.
The salary (of the post is in the scale
$5,580 x 240-7,320 x 300-7,920 x 360
-9,000.
At present the post is a temporary
one but it is proposed to make it per-
manent and pensionable.
The -successuli candidate will be ex-
pected to undergo a period of training
-possibly overseas of not less than
four to six months-in Industrial
Standards administration. The candi-
date will also be expected to enter into
a Bond to remain in the Government
Service for three years from the date
of completion of his training.
Applicants should be at least 24 years
of age and should posses, the following
qualifications and experiiene:


(a) be qualified Engineer B.Sc. first
or second class honours-mechani-
cal, civil or electrical or member-
ship of a recognized professional
institution in either of these disci-
plines ;
(b) have some experience in industry
of a productive character, though
desirable this is not essential;
(c) posses some organising ability
and should be competent in hand-
ling conferences and committees
considering technical problems,
ranging over the entire field of
productive industry;
(d) be able after initial training to
address meetings and seminars and
give lectures;
(e) have a working knowledge of
French, this would be of some ad-
vantage though not essential.
Application forms (S.C. 21) and full
details of the post may be obtained
from the Establishment Officer, St.
Vincent.
Application forms should reach the
Chief Personnel Officer, Service Com-
missions Department, "Flodden", Cul-
loden Road, St. Michael, not later than
24th August, 1968.
Service Commissions Department,
6th Auign'; 1968.

No. 177.
VACANT POST OF HARBOUR MASTER IN
THE PORT DEPARTMENT.

Applications are invited from suit-
ably qualified persons for appointment
to the above post. The salary of the
post is fixed at $9,600 per annum.
2. The appointment may be either
on a permanent or on a pensionable
basis or on agreement terms and is sub-
ject to medical fitness.
3. Applicants should possess a Cer-
tificate of Competency as Master of
a Foreign Going Ship or should have
attained the Rank of a Navigating
Lieutenant or any higher rank in Her
Majesty's Navy.
4. Application forms (S.C. 21) and
full details of post may be obtained
from the Establishment Officer, St. Vin-
cent.
Application forms should reach
the Chief Personnel Officer, Service
Commissions Department, "Flodden",
Culloden Road, St. Michael, Barbados,
not later than 10th August, 1968.
Service Commissions Department.
6th August. 1968.





SAINT VINCENT, TUESDAY, 6 AUGUST, 1968.-(No. 49.) 279


No. 170.
VACANT POST OF ASSISTANT
STOREKEEPER, PUBLIC WORKS
DEPARTMENT, MINISTRY OF
COMMUNICATIONS & WORKS.

Applications are inivted from suit-
ably qualified persons for the vacant
post of Assistant Storekeeper, Public
Works Department, Ministry for Com-
munications & Works.
Salary:
$1,392/$1,536 x 84--$,1,872 x 96-
$2,160 x 120-$2,640.
Duties of the Post:
The duties of the post include the
issue and delivery of Stores and Classi-
fication of Store Issue Vouchers.
Qualifications:
Preference may be given to persons
possessing the minimum qualifications
for entrance to the General Clerical
Service, and the commencing salary will
depend on the qualifications and expe-
rience of the successful applicant.
Closing Date:
Applications together with evidence of
educational qualifications (if any), a
birth certificate and at least two recent
testimonials (one of which should be
from the most recent employer) should
be addressed to the Establishment Offi-
cer, Establishment Office, to reach him
not later than 8th August, 1968.
30th July, 1968.

No. 178.
LEGISLATION.

The undermentioned Ordinances
which have been assented to by Iis
Honour the Administrator are pub-
lished with this issue of the Gazette:-
No. 22 of 1968.-An Ordinance to
establish and control the Arnos
Vale Playing Field and for other
purpo. es connected therewith.
No. 23 of' 1968.-An ordinance e to re-
peal and replace the Windward
Islands Banana Insurance Ordin-
ance, 1960. as amended.
No. 24 of 1968.-An Ordinance to
amend tlie Emergency Powcer .
Hurricane, Earthquake, Fire, Flood
or any natural disaster Ordinance.

By Command,

F GILBERT THOMAS,
Acting Permanent Secretary,
Chief Minister's Ofice.

CHIEF MINISTER'S OFFICE,
ST. VINCENT.
6th August, 19(68.


DEPARTMENTAL AND
OTHER NOTICES.

NOTICE.

For sale by auction at Camden Park
Experiment Station on 14th August,
1968 at 1.00 p.m.
One-3 ton Austin Lorr -T 1109
One-1/2 ton Morris Van -T 1731
Vehicles can be seen at C.P.E.S. at
any time between 7.00 a.m. and 4.00
p.m.


NOTICE

SAINT VINCENT.

By Authority of the Registration
of United Kingdom Patents
Ordinance Chapter 156 of the
Revised Laws of St. Vincent 1926.

(Gazetted 6th August, 1968.)

ADVERTISEMENT OF APPLICATION
FOR REGISTRATION OF U.K. PATENT
NO. 966852.

In accordance with the requirement
of Section 3 of the Registration of the
United Kingdom Patents Ordinance
Notice is hereby given that an applica-
tion was made on the 13th day of Sep-
tember, 1967 by IMPERIAL CHEMI-
CAL INDUSTRIES LIMITED a British
Company of IMPERIAL CHEMICAL
HOUSE, Millbank London S.W.1.
through EDWARD ALEXANDER
CLAVIER HUGHES Barrister-at-Law
St. Vincent for the registration of a
PATENT in respect of an invention
relating to "COMPOSITIONS OF
MATTER COMPRISING MIXTURES
OF A RESIDUAL HERBICIDE AND
94.4' DIPYRIDYLIUM QUATER-
NARY SALT AND TO HERBICIDAL
COMPOSITIONS CONTAINING
THESE MIXTURES"
Any person may, at any time within
TWO MONTHS from date of such ad-
vertisement give notice to the Registrar,
of opposition to the issue of a Certifi-
cate of Registration upon any of the
grounds prescribed by section 27 of
the Patents Ordinance (Cap. 155) for
opposition to the grant of Letter
Patent.
The relevant sub-section of Section
27 of the Patents Ordinance referred
to above reads thus:
"27 (1) Any person may at any time
within two months from the date of the
advertisement of the acceptance of a
complete specification give notice at tlh
Registry of Patents of Opposition to
the grant of the Patent, on the ground
















-80 SAINT VINCENT, 'TUESDAY, 0 AUGUST', 1968.-(No. 49.)


cf the applicant having obtained the
invention from him or from a person of
whom ihe is the legal representative or
on the ground that the invention has
been patented in the Colony on an ap-
plication of prior date, but on no other
ground"
A. T. WOOD,
Registrar of Patents.

The Patents Office,
e/o The Registry,
Court House,
Kingstown.
St. Vincent.


NOTICE

SAINT VINCENT.

By Authority of the Registration
of United Kingdom Patents
Ordinance Chapter 156 of the
Revised Laws of St. Vincent 1926.

(Gazetted 6th August, 1968).

ADVERTISEMENT OF APPLICATION
FOR REGISTRATION OF U.K. PATENT
NO. 1066855.

In accordance with the requirement
of Section 3 of the Registration of the
United Kingdom Patents Ordinance
Notice is hereby given that an applica-
tion was made on the 29th day of May,
1968 by MERK & CO., Inc., a corpora-
tion duly organised and existing under
the laws of the State of New Jersey,


United States of America of Rahway,
New Jersey, United States of America
through Edward Alexander Clavier
Hughes Barrister-at-Law St. Vincent
for the registration of a Patent in re-
spect of an invention relating to
"PYRAZINOYLGUANIDINE DERI-
VATIVES"
Any person may, at any time within
TWO MONTHS from date of such ad-
vertisement give notice to the Registrar,
of opposition to the issue of a Certifi-
cate of Registration upon any of the
grounds prescribed by section 27 of
the Patents Ordinance (Cap. 155) for
opposition 1o Ihe grant of Letter
Patent.
The relevant sub-section of Section
27 of the Patents Ordinance referred
to above reads thus:
"27 (1) Any person may at any time
within two months from the date of the
advertisement of the acceptance of a
complete specification give notice at the
Registry of Patents of Opposition to
the grant of the Patent, on the ground
c' the applicant having obtained the
invention from him or from a person of
whom he is the legal representative or
on the ground that the invention has
been patented in the Colony on an ap-
plication of prior date, but on no other
ground"

A. T. WOOD,
Registrar of Patents.

'The Patents Office,
c/o The Registry,
Court House,
Kingstown,
St. Vincent.


PRINTED lIY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFI OE,
KINOSTOWN, ST. VINCENT.
[ Price 30 ats. ]


























SAINT VINCEN'


I Assent,


CECIL A. JACOBS,

[ L. S. ] Acting Administrator.

July, 196S.

AN ORDINANCE to establish and control the Arnos Vale
Playing Field and for ollher purposes connected therewith.

[ 6th August, 1968. ]

Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative Council of
Saint Vincent, and by the authority of the same as follow-:-
1. This Ordinance may be cited a- Arnos Vale Playing short title.
Field Ordinance, 1968.

2. In this Ordinance otherwise erpretatiun.
quires-
"Amos Vale Playing Field" or "Playing Field" means all
that parcel or portion of land situate at Arnos Vale in
the Parish of Saint George in this Island of Saint Vin-
cent containing by adineasurement approximately
twenty-one and one-half acres and bounded towards
the North by a wire fence and the Arnos Vale Airport,
S towards the East by the main Windward Highway,

^ V
9/

t




















Amros Vale Playing Field.


Establishment
of the Arnos
Vale Playing
Field.
Incorporation
of Board.


Constitution
of the Board.


towards the South by the Warrawarrou or Great Head
River and towards the West by the sea all as the same
is delineated and shown on a plan or diagram G 447
lodged in the Lands and Surveys Department, Kings-
town, together with all buildings and erections thereon
situate.
"Board" means the Arnos Vale Playing Field Board.

3. There is hereby established at Arnos Vale in this Island
a Playing Field which shall be known as the Arnos Vale Play-
ing Field.

4. (1) For the purposes of the management, control, -are
and maintenance of the Arnos Vale Playing Field there is here-
by established a corporate body to be known as the Arnos Vale
Playing Field Board with perpetual succession and a common
seal which shall be officially and judicially noticed. The seal
shall be authenticated by the signatures of the Chairman and the
Secretary. The Board may sue and be sued.
(2) Until a seal is provided in accordance with the pro-
visions of this section, a stamp bearing the words "TITE
ARNOS VALE PLAYING FIELD BOARD", and authenticated
by the signatures of the Chairman and the Secretary of the
Board may be used instead of such seal.

5. (1) The Board shall consist of not less than 8 nor more
than 15 members who shall be representative of Sport and
Games to be appointed by the Administrator in Council.
(2) Every member of the Board shall, unless his appoint-
ment is sooner determined by the Administrator in Council or
he sooner resigns by notice in writing to the Administrator
or he sooner dies, hold office for two years from the date of
his appointment, and shall be eligible for re-appointment from
time to time.
(3) The Administrato- in Council shall appoint from
among the members of the Board a Chairman and a Vice-Chair-
man who shall hold office during the pleasure of the Adminis-
trator in Council so long as they remain members of the
Board. The Vice-Chairman shall officiate as Chairman in the
absence or inability of the Chai:man to officiate. In the
absence or inability of the Chairman or the Vice-Chairman to
officiate, the members present may appoint one from among


No. 22.


1968.























themselves to be Chairman for that meeting only and he shall
have all the powers of the Chairman appointed by the Adminis-
trator in Council. Every meeting of the Board shall be pre-
sided over by the Chairman.


6. In the exercise of powers conferred, and performance
of the duties imposed by this Ordinance, the Board shall con-
form with any special or general directions given to it by the
Administrator in Council.

7. (1) Decisions of the Board may be taken at meetings
by a show of hands or in cases where the Chairman shall so
direct, by ballot.
(2) Decisions of the Board shall be by the majority of
votes: Provided that, in any case in which the voting shall be
equal, the Chairman shall have a second or casting vote.


Board
to conform
with directions
of Adminis-
trator in
Council.
Decisions of
the Board.


8. The Quorum at any Meeting shall be not less than one- Quorum.
half of the members of the Board and decisions adopted by the
quorum shall be binding on the Board.

9. (1) The Board may, if it does not appoint one from Officers and
among themselves to be Secretary, appoint at such remunera- servants of
tion and ;n such terms and condition;, (including the giving
of security) with the approval of the Administrator in Council,
a person to be Secretary
(2) The Board may, in its discretion, also appoint other
perso: !; as may be deemed necessary for the proper carrying
out of the provisions of this Ordinance. Such persons shall
be adequately remunerated for such labours as they may
perform.


10. The Funds of the Board shall consist of-
(a) Such sums as may be placed at the disposal of
the Board whatever the source.


The Funds of
the Board.


(b) Such sums as may accrue to the Board from its
operations under the Ordinance.

11. The Funds of the Board shall be applied towards the Application
cost of the construction of pavilions and similar structures, of Funds.
building and upkeep of sports and games fields, equipment,
salaries, fees, remuneration and anything incidental to or con-
sequential upon the maintaining of a playing field.


1968.


Arnos Vale Pla~ying Field.


No. 22.

























General 12. (1) Every sum payable to the Board shall be col-
Financial
provisions. elected and received for and on account of the funds of the
Board. Receipts for sums paid to the Board shall be signed
by the Secretary of the Board who shall be the Chief Executive
Officer of the Board.
(2) All payments out of the funds of the Board shall be
made by the Secretary of the Board upon vouchers or by cheque
signed by the Chairman or Vice Chairman.
(3) The Board shall cause to be kept proper books and
accounts to the satisfaction of the Accountant General. The
Government Auditor shall audit the books and accounts of
the Board.
(4) The Funds of the Board shall be paid into the Govern-
ment Savings Bank or a Bank approved by resolution of the
Board.
(5) Cheques of any banking account of the Board shall
be signed by the Secretary of the Board and shall be counter-
signed by the Chairman or Vice Chairman.
(6) The Board may from time to time arrange for the
interim investment:- of any portion of its fund- in such securi-
ties as may be approved by the Administrator in Council.
(7) Subject to the provisions of this Ordinance and of
any Regulations made thereunder, the Board shall have power
by resolution to provide for all matters of administration and
procedure.


Reports and
audited
accounts to be
forwarded
annually to
Administrator
in Council.



Arnos Vale
Playing Field
vested in the
Government,


13. The Board shall forward to the Administrator in
Council as soon as possible after the 31st of L cembcr of each
year a report upon the administration of tb" affairs of the
Board during the year, together with a Ba'-ince Sheet and
Statement of Revenue and Expenditure approved and signed
by the Government Auditor. The Report, Balance Sheet and
Statement of Revenue and Expenditure shall be laid before the
Legislative Council.

14. All the property of the Arnos Vale Playing Field
shall be and is hereby vested in the Government of Saint Vincent,


No. 22.


Arnos Vale Pla2yingg Field.


1968.




















No. 22. Arnos Vale Playing Field. 1968.


15. All monies standing to the (redit of the King George Moneys to the
V Playing Field in whatever Bank, safety deposit or other credit of King
George V
place shall be and is hereby transfer ed to the account of the Playing Field
Board. transferred to
the Board.
16. The Board may, with the approval of the Adminis- Regulations.
trator in Council make Regulations for the following:-
(a) the provision of water required for drinking and other
purposes;
(b) the apportionment of the Arnos Vale Playing Field
for the various sports and games approved by the
Board;
(c) the control of the ground, the terms and conditions
under which it should be used, the fees to be paid by
Sports and Games Clubs and the entrance fees to the
Grounds and Pavilion;
(d) the employment of officers and servants of the Arnos
Vale Playing Field and the payment of such persons;
(e) the provision for the exclusive use of portions of the
Arnos Vale Playing Field by clubs or other bodies of
persons and fixing the fees to be paid for such exclu-
sive use;
(f) the preservation of order and the prevention of nui-
sances on the Arnos Vale Playing Field and for the
removal of any person infringing any regulation, by
any officer or servant appointed by the Board or by
a police constable;
(g) the depasturing of any animals on the Arnos Vale
Playing Field or any portion thereof and fixing the
fees to be paid for such depasturing;
(h) the granting of permission to persons to sell refresh-
ments on the Arnos Vale Playing Field and the terms
and conditions on which such permission may be
granted;
(i) the summoning, conduct etc. of meetings; and
(j) any other matter or thing, whether similar or not to
those abovementioned, in respect of which it may be
expedient to make regulations, including the fixing
and charging of fees, for the purpose of carrying out
the provisions of this Ordinance.


























228

Arnos Vale Playing Field.


Repeals.
No. 30 of 1945.
No. 29 of 1950.


17. The following Ordinances are hereby repealed:-
(a) The King George V Playing Field Ordinance, 1945.
(b) The King George V Playing Field (Amendment)
Ordinance, 1950.


Revocation. 18. The K(ing Geo go V Playing Field Rules, 1946, are
hereby revoked.

Penalty. 19. Any person found guilty of an offence against this
Ordinance or any regulation made thereunder, shall be liable
on summary conviction to a fine not exceeding $250.00 or to
imprisonment not exceeding six months or to both such fine
and imprisonment.



Passed the Legislative Council this 27th day of June, 1968.


0. S. BARROW,
Clerk of the Legislative Council.


PRINTED BY TIE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
I Price 24 events. 1


No. 22.


1968.



























SAINT VINCENT.

No. 23 of 1968.

I Assent,

CECIL A. JACOBS,

[ L. S. ] Acting Administrator.
29th July, 1968.

AN ORDINANCE to repeal and replace the Windward Islands
Banana Insurance Ordinance, 1960, as amended.

[ 6th August, 1968.

BE IT ENACTED by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative Council of
Saint Vincent and by the authority of the same as follows:-
1. This Ordinance may be cited as the Windward Islands Short title.
Banana Insurance Ordinance, 1968, and shall be deemed to
have coinw into operation on the 1st day of July. 1968.
2. this Ordinance and the Regulations made hereunder, I.tcrprctation.
unless the context otherwise requires-
"affe.( ted" means damaged by windstorm;
"appropriate insurance year" means the insurance year
calculated by reference to a windstorm;
"appropriate tribunal" means any tribunal established
iuder section 13 having the powers conferred by and
performing the duties in'mposed under section 14 in
relation to any applicalicu lur the review of any as-
///



















No. 23. Windward Islands Banana Insurance. 1968.


sessment of the average percentage loss suffered
an affected holding in any ;rea;
"area means any area defined by the Authority under
section 10;
"assessment" means any assessment made by the Authority
under section 10;
"assured" means a grower who has entered into a contract
of insurance with the Authority;
'banana" means bananas of the varieties of or known as
robusta, puerto rique, poyo, lacatan and such other
varieties as may be prescribed;
means the ee's imported under sPetion 18;
"excess percentage'' means in relation to any affected hold-
ing, the percentage of loss of ratoon mats suffered by
that holding in excess of the minimum statutory per-
centage;
"Fund" means the Banana Insurance Fund established
under section 15;
"grower" means the person for the time being in possession
or control of a holding;
"holding" means any parcel of land on which bananas are
grown for export and is registered as a holding under
section 4;
"insurance year" means the first period of twelve months
of the fifteen months immediately preceding the month
in which the windstorm occurred;
"local authority" means the Saint Vincent Banana Grow-
ers Association established under the provisions of sec-
tion 3 of the Saint Vincent Banana Growers Associa-
tion Ordinance, 1954 (No. 44 of 1954);
'loss" means, in relation to any mat, such damage to that
mat occasioned by windstorm as has rendered any plant
in that mat incapable of producing at maturity, fruit
of merchantable quality;
"mat" means one or more banana plants complete with
rhizome and pseudostem which have developed from
the planting of one rhizome in a holding;
"member associations" means the Grenada Banana Co.
operative Society, the Saint Vincent Banana Growers



















No. 23. Windward Islands Banana Insurance. 1969.


Association, and the Saint Lucia Banana Growers Asso-
ciation ;
'minimum statutory percentage'' means twenty per centum
of the ratoon mats in a holding or such other percen-
tage as may from time to time be prescribed;
"plant mat" means a mat from which no bunch of bananas
has yet been harvested;
"policy year" means the period commencing on the 1st day
of July in any year and ending on the 30th day of
June in the following year or such other period as may
be prescribed;
"qualified person'" means a person who is qualified under
section 6 to receive statutory benefit;
"ratoon mat" means a mat from which one or more bunches
of bananas have been harvested;
"section'' means section of this Ordinance;
"territories" means the island of Grenada, Saint Vincent
and Saint Lucia and their dependencies, and "terri-
tory" shall be construed accordingly;
''windstorm"' means any hurricane, tornado, cyclone, whirl-
wind, gale or atmospheric disturbance, whether similar
to the foregoing or not, which the Authority is satis-
fied is likely to have caused loss to any holding.

3. The Windward Islands Banana Growers Association, a The Authority.
company incorporated under the Laws of Dominica, is hereby
declared to be the Authority for the purposes of this Ordinance.

4.-(1) Every person for the time being in possession or Registration of
control of any parcel of land on which bananas are grown for holding.
export shall register with the Authority in such manner as may
be prescribed such parcel of land as a holding.
(2) For the purpose of registration under subsection (1)
of this section, no such parcel of land shall be subdivided
except by way of bona f (3) Subject to the provisions of subsection (4) of this
section, where two or more parcels of land on which bananas are
grown for export adjoin or are contiguous and such parcels of
land are in the posn'ssion or control of the same person, then if
application in the prescribed manner has been made by such



















No. 23. Windward Islands Banana Insurance. 1968.


person for the registration of such parcels of land as separate
holdings such parcels of land shall be deemed to be and be
registered as one holding:

Provided that this subsection shall not apply where par-
cels of land belonging to different owners are in the possession
or control of a person who holds the same as agent for the differ-
ent owners.
,4) Where two or more parcels of land each being not
less than one hundred acres and on which bananas are grown
for export adjoin or are contiguous and such parcels are in the
possession or control of the same person, the Authority may,
if satisfied that,-
(a) there are planted on each such parcel of land at least
25,000 mats;
(b) such parcels of land have clear and distinct boun-
daries; and
(c) such parcels of land are worked as separate entities
with separate records of account for each entity,
permit such parcels of land to be registered as separate holdings.

Statutory 5. Every grower shall be statutorily insured as provided
Insurance. by this Ordinance, against loss of his ratoon mats.

Qualifications 6. A grower shall be qualified to receive statutory benefit
for statutory in respect of the loss of ratoon mats which were growing upon
eneit. his holding immediately before the windstorm which occasioned
that loss, and shall not be so qualified unless-
(a) his holding has suffered loss of ratoon mats to an
extent not less than the minimum statutory percel-
tage, or is in an area which has suffered loss of ratoon
mats to an extent not less than the minimum statu-
tory percentage;
(b) he proves that he or some other person from whom
he derived title to the affected holding has received
payment from, or is entitled to payment by the local
authority for bananas grown upon such holding and
accepted by the local authority for export during the
appropriate insurance year;
(c) he makes a return in accordance with the provisions
of section 8;



















No. 23. Windward Islands Banana Insurance. 1968.


(d) he affords to the Authority or to any person author-
ised in writing by the Authority in that behalf, such
information and opportunity of inspecting his hold-
ings, whether affected or not, or any books or records
kept by him in relation to such holdings and of
inspecting any damage to such holdings as may be
required by the Authority; and
he, if required so to do by the Authority-
(i) enters into an undertaking, in such form as
may be prescribed, to apply the whole or such
part of any sum received by him by way of
statutory benefit as the Authority may specify,
to the restoration, replacement, rehabilitation or
extension of his holding; or
in case he has previously received statutory
benefit, satisfies the Authority that the whole or
such part of any such benefit as the Authority
may have specified was expended in the restor-
ation, replacement, rehabilitation or extension
of his holding.

7.-(1) The amount of statutory benefit payable under this Amount of
Ordinance to every qualified person in respect of the loss of ratoon statutory
mats suffered by his holding shall be a sum of money payable benefit.
in such manner and in such instalments as may be prescribed
and determined by multiplying the poundage of bananas esti-
mated to have been delivered from the affected ratoon mats
during the appropriate insurance year by the excess percentage
and multiplying the result by the declared unit of benefit:

Provided that-
(a) whenever the poundage of bananas represented to
have been delivered from an affected holding during the appro-
priate insurance year was in fact produced from that holding
and another holding or other holdings jointly in the possession
and control of the same grower, the Authority may, by counting
the total number of mats found growing on all the grower's
holdings or otherwise as it seems fit, assess the poundage of
bananas which shall be deemed to have been delivered from the
affected holding during the appropriate insurance year;
(b) wh2re the ratoon mats of any holding have been
affected by two or more windstorms in any policy year the
aggregate amount of statutory benefit payable in respect of the



















Windward Islands Banana Insurance.


Return claiming
benefit.










Inspection to
be made.


loss of those mats occasioned by such windstorms shall not
exceed the amount which would have been payable had those
mats been totally affected by the first windstorm.
(2) For the purposes of this section, unless varied as in
subsection (3) of this section, the declared unit of benefit shall
be two cent per pound.
(3) The Authority may by regulations vary the declared
unit of benefit for such period as may be specified.

8.-(1) Every grower whose holding has suffered loss of
ratoon mats shall, within the prescribed time after the occur-
rence of the windstorm which occasioned the loss or within such
further period as the Authority may in any special case permit,
make a return to the Authority in such form as may be pre-
scribed claiming benefit in respect of that loss.
(2) Every return under subsection (1) of this section
shall contain in relation to the affected holding such particulars
as may be prescribed and shall include an estimate in the pre-
scribed manner of the percentage of loss of ratoon mats suffered
by that holding.

9.-(1) So soon as may be after the occurrence of any
windstorm in respect of which the Authority receives any return
under section 8 or considers that it is likely to receive any such
return, the authority shall for the purpose of complying with
section 10 cause an inspection to be made of an affected holding
in respect of which any such return has been made or of any
holdings in the region or locality within which they consider
any affected holdings are likely to be comprised:
(2) So soon as may be after the completion of any inspec-
tion under subsection (1) of this section every inspector shall,
subject to the directions of the Authority, make a report to the
Authority either-
(a) estimating the percentage of loss of ratoon mats suf-
fered by any affected holding in respect of which a
return under section 8 has been received by the
Authority; or
(b) (i) containing a fair estimate of the incidence of
loss of ratoon mats in the region or locality to
which the report relates;
(ii) specifying the various areas within such region
or locality which in the opinion of the inspector


No. 23.


1968.


















:.o. 23. Windward Islands Banana Insurance. 1968.


have suffered an approximately similar percen-
tage of loss of ratoon mats and the boundaries
of such areas;
(iii) estimating the approximate average percentage
of loss of ratoon mats suffered by holdings situ-
ate in such area.
(3) In making the estimate referred to in paragraph (a)
or paragraph (b) (iii) of subsection (2) of this section, regard
shall be had only to the number of ratoon mats which, immedi-
ately before the windstorm in respect of which the inspection
is made, were growing upon an affected holding which is in-
spected and have suffered loss by reason of that windstorm.

10. So soon as may be after the receipt of any report un- Authority to
der subsection (2) of section (9) the Authority shall consider dne areas arn
such report and shall consider any return under section 8 and percentage
the Authority shall, in its absolute discretion either- of loss.
(a) assess the percentage of loss of ratoon mats suffered
by each affected holding in respect of which a return
under section 8 has been made; or
(b) (i) define the areas within which are comprised af-
fected holdings which have suffered an approxi-
mately similar percentage of loss;
(ii) assess the average percentage of loss of ratoon
mats suffered by affected holdings within each
such area consequent upon the windstorm in re-
spect of which the assessment is made.

11.-(1) Any grower who has submitted a return (whether Frivolous
accompanied by deposit or not) in respect of loss which he has returns.
represented to have been equivalent to or greater than the
minimum statutory percentage and which, after assessment by
the Authority, was found to be less than one-half of the mini-
mum statutory percentage, may be required by the Authority
during a period of three years thereafter to deposit with any
further return made by him, as a condition for the consideration
of such return by the Authority, a sum of five dollars for every
one thousand mats or part thereof alleged by him in such last-
mentioned return to have been damaged by windstorm.
(2) Any such deposit shall be forfeited to the Authority
in every case where the extent of loss claimed in such return
amounts to fifty per centum or less of the minimum statutory
percentage.




















Windward Islands Banana Insurance.


Annual 12.-(1) Every grower shall, not later than the 28th day
statement, of February in each year, submit to the Authority a statement
containing such particulars as may be prescribed regarding the
bananas growing on his holdings.
(2) Where the Authority considers that any holding or
part thereof of four years and over is for any reason an unpro-
ductive and uneconomic unit, it shall cause a notice to this effect
to be served on the grower setting forth therein the reasons
for its decision and require him to replant his holding or such
part thereof as the Authority may determine.
(3) Any grower, who is aggrieved by any decision of the
Authority contained in any notice served under subsection (2)
of this section may, within 14 days of the service of such notice
upon him, appeal to the tribunal established under section 13
and the decision of the tribunal on the matter shall be final.
(4) Where-
(a) a grower has not exercised his right of appeal
within the time specified; or
(b) an appeal by him under subsection (3) of this
section has been unsuccessful,
then, in either case, the relevant holding shall until replanted,
be deemed to be unproductive, and uneconomic and ineligible
for insurance benefit.


Establishment
of review
tribunal.



Review of
assessment by
tribunal.


13. For the purposes of sections 12 and 14 tribunals shall
be established in such manner and numbers as may be prescribed,
each of which shall exercise the powers conferred and perform the
duties imposed by sections 12 and 14 in relation to such areas as
the Authority may specify.

14.-(1) (a) Where, in the case of an assessment under
paragraph (a) of section 10, any grower is dissatisfied with such
assessment, he may within the prescribed time make application
to the Authority in the prescribed manner for a review by the
appropriate tribunal of such assessment.
(b) Where, in the case of an assessment under para-
graph (b) of section 10, any number of growers who together
control not less than fifty per centum of the number of holdings
of all the affected holdings situate within any area are dissatis-
fied with such assessment, they may within the prescribed time
make application to the Authority in the prescribed manner
for a review by the appropriate tribunal of such assessment.


No. 23.


1968.


















No. 23. Windward Islands Banana Insurance. 1968.

(2) Every application under subsection (1) of this sec-
tion for the review of any assessment shall be accompanied by
such deposit as may be prescribed by the Authority.
(3) So soon as may be after the receipt of any applica-
tion under subsection (1) of this section for the review of any
assessment, the Authority shall refer such application to the
appropriate tribunal together with all the information, reports,
returns, or records which the Authority considered in making the
assessment.
(4) As soon as may be after the appropriate tribunal
receives from the Authority any application for the review of
any assessment, that tribunal shall consider such application
together with all documents relating to such assessment and
shall take such steps, whether by inspecting or causing to be
inspected the affected holding or holdings situate in the area to
which such application relates (as the case may be) or otherwise,
as the tribunal in its absolute discretion may think necessary to
determine the accuracy or otherwise of such assessment, and shall
make a report to the Authority.
(5) Where the appropriate tribunal reports to the Au-
thority under subsection (4) of this section that in the opinion
of the tribunal the percentage or average percentage of loss
suffered by a holding or holdings respectively to which the appli-
cation relates has been inaccurately stated in the assessment
under review, the assessment shall be amended by the substitu-
tion for the percentage or average percentage specified therein
the percentage or average percentage specified in the tribunal's
report if:-
(a) the report and the assessment are at variance on the
question whether or not that percentage or average
percentage is less than the minimum statutory per-
centage; or
(b) the percentage or average percentage specified in
the report exceeds or is exceeded by the percentage
or average percentage specified in the assessment by
more than five per centum.
(6) Subject to the provisions of subsection (5) of this
section every assessment shall be final and conclusive.
(7) The deposit paid under subsection (2) of this section
shall be refunded if the percentage or average percentage speci-
fied in the report is:-
(a) greater than the percentage or average percentage
respectively specified in the assessment to which the



















No. 223. Windward Islands Bannaa Insurance. 1968.


report relates and is to be substituted for that assess-
ment by virtue of the provisions of subsection (5) of
this section; and
not lI'ss than the minimum statutory percentage.
(8) In this section "assessment" means any assessment
made by the Authority under section 10.
Establishment 15. For the purposes of this Ordinance there shall be estab-
of Banana lished under the control and management of the Authority a
Insurance
Fund. Fund called the Banana Insurance Fund.
Composition 16. The Fund shall consist'of-
of Fund.
(a) such funds transferred under section 32:
(b) the proceeds of the cess received by the Authority
under section 18;
any contributions received by the Authority from
Geest Industries Limited for the purposes of this
Ordinance;
(d) Any moneys borrowed by the Authority under sec-
tion 20;
(e) any sums received by the Authority by way of re-
insurance under section 21;
if) any premiums received by the Authority from a
grower under a contract of insurance entered into
under section 22;
any sums received by the Authority from invest-
nments made under section 17;
(h) any other sums received by the Authority from any
source whatsoever for the purposes of this Ordinance.

Investments. 17 Any moneys forming part of the Fund shall from
lime to time be invested in such manner as the Authority may
approve or be placed in such bank or banks as the Authority
mn.vy, from time to time, direct.

imposition 18.-(1) There shall he raised, levied and collected for the
of cess. purposes of this Ordinance, a cess on the poundage of bananas re-
ceived and paid for by the local authority.
(2) Subject to the provisions of subsection (4) of this
section, the cess' shall be one-eighth of one cent for every pound
of bananas so received and paid for by the local authority.


















No. 23. Windward Islands Banana Insurance. 1968.


(3) Such cess shall become due and payable as from the
1st day of July, 1959, and upon the coming into operation of
this Ordinance all arrears of cess shall be collected by the local
authority and paid over to the Authority.
(4) The Authority may, by regulations, vary the amount
of the cess.

19.-(1) The cess shall be deductible by the local authority Payment and
from the price paid by the local authority for bananas delivered Collection
to the local authority and shall be paid over to the Authority in of cess.
such manner as may be prescribed.
(2) The Authority shall have the right to recover from
the local authority the amount of any cess due to be collected
and paid over by the local authority.

20. The Authority may borrow money for the carrying out Lons.
of its purposes and may charge in any manner all or any pro-
perty of the Authority of every nature and kind whatsoever
and all or any of its funds and all or any of the reserves of the
Authority present and future with the payment of moneys bor-
rowed for any such purpose.

21. The Authority may effect re-insurance in respect of Re-insurance.
the whole or any part of the potential liability incurred by them
for the payment of benefit under this Ordinance at such rates and
subject to such conditions as the Authority may deem reasonable.

22.-(1) It shall be lawful for the Authority to enter into Contrn tual
a contract of insurance with any grower in such form and on insurance.
such terms and conditions as may be prescribed to insure such
grower against loss of his plant mats.
(2) Any premiums paid by a grower under such a con-
tract of insurance shall be paid into the Fund.

23. Without prejudice to the provisions of section 17 Application of
the moneys forming the Fund shall be applied towards- tle Fund.
(a) the payment of all expenses incurred by the Author-
ity in the execution of the provisions of this Ordin-
ance;
(b) the payment of any sums by way of premiums on
the re-insurance of any potential liability incurred
by the Authority under this Ordinance;
(c) the payment of benefit to any qualified person in
accordance with the provisions of this Ordinance;



















No. 23. Windward Islands Banana Insurance. 1968.


(d) the payment of benefit to any grower who has con-
tractual insurance in accordance with regulations
prescribed under this Ordinance;
(e) the payment of interest upon any moneys borrowed
by the Authority and the repayment of such moneys;
(f) the creation of such a reserve fund as the Authority
may consider adequate.

Payment of 24.-(1) Any grower who-
benefit. (a) is qualified to receive any statutory benefit under the
provisions of this Ordinance; or
(b) is entitled to receive any benefit under any contract
of insurance entered into under the provisions of
section 22,
shall be paid that benefit in such manner and in such instalments
and on such terms and conditions of payment of such instal-
ments as may be prescribed.
(2) The first instalment payable to any grower under
the provisions of subsection (1) of this section shall be paid by
the Authority as soon as may be after the Authority has com-
puted the amount of benefit payable to that grower and the
subsequent instalments shall be paid as soon as the same becomes
due and payable.

Audit. 25. The accounts of the Authority shall be audited an-
nually by an auditor appointed by the Authority.

Exemption 26. Notwithstanding anything to the contrary in any
from Income law, the income of the Authority shall not be liable to the
Tax. payment of income tax.

Income tax 27. Notwithstanding anything to the contrary in any law,
benefit. where the wlole of iy non; ys recei .ed by any grower by
way of statutory bent it has nt bven applied by such grower
for the restoration or rehabilitation of his holding in the
year in which such moneys were received, only such amount
thereof as has been so applied shall be deemed for the purpose
No. 21 of 1967. of the Income Tax Ordinance, 1967 to be income derived or
received in such year:
Provided that the remaining portion thereof shall be
deemed to be income derived or received in the next succeeding
year.



















No. 23. Windward Islands Banana Insurance. 1968.


28. The Authority shall prepare an annual report of its Annual
operations for each financial year and copies of such report shall report.
be laid on the table of the Legislative Council.

29. The Authority may, by resolution unanimously ap- Winding up.
proved by each of the member associations, wind up the opera-
tion of the Banana Insurance Scheme established by this Ordin-
ance, and in such event any balance remaining in the Fund, after
payment of all liabilities outstanding against the Fund, shall be
divided in equal shares between the member associations for the
use of each such association.
30.-(1) The Authority may make regulations for prescrib- Regulations.
ing anything which under the provisions of this Ordinance is to
be prescribed and generally for the better carrying out of the pur-
poses of this Ordinance.
(2) Regulations made by the Authority shall have no
effect until approved by the Administrator in Council and when
so approved, shall come into force on such date as may be spe-
cified in such regulations, and as from such date, such regula-
tions shall have the same force and effect as if they were con-
tained in and formed part of this Ordinance:
Provided that until varied or revoked by any such
regulations, the regulations contained in the Schedule to this
Ordinance shall be in force.
(3) Where regulation: are approved by the Governor
or Administrator in Council in two of the territories the Gov-
ernor or Administrator in Council of the other territory shall.
within fourteen days of the receipt of notification by the
Authority of such approval, approve such regulations in
respect of such other territory.
31.-(1) Any person who with intent to defraud- Offences.
(a) makes an application for the registration of any land
as a holding;
(b) makes an application for the transfer of registration
of a holding;
(c) submits a return for insurance benefit; or
(d) submits an annual statement pursuant to section 12;
knowing the same to be false in any material particular shall
be guilty of an offence against this Ordinance and shall in addi-
tion to any penalty for such offence be liable to forfeit any
claim for insurance benefit from the Fund.



















No. 23. Windward Islands Banana Insurance. 1968.


(2) Any person guilty of an offence under this Ordin-
ance shall be liable on summary conviction to a fine not exceed-
ing two hundred and fifty dollars or to imprisonment with or
without hard labour for a term not exceeding six months.
Repeal. 32. The Windward Islands Banana Ordinance, 1960 and
No. 2 of 1960. The Windward Islands Banana Insurance (Amendment)
No. 20 of 1963. Ordinance, 1963 are hereby repealed, provided that the balance
of the fund in the hands of the Authority under the repealed
Ordinance shall be and are hereby transferred to the Authority
established under this Ordinance.



SCHEDULE
(Section 30)



WINDWARD ISLANDS BANANA INSURANCE REGULATIONS

1. Short title. These regulations may be cited as Windward Is-
lands, Banana Insurance Regulations 1968.

2. Interpretation. In these regulations, unless the context otherwise
requires-
"the Ordinance" means the Windward Islands Banana Insurance Ordin-
ance 1968.
"applicable provisions" means' the provisions of the Ordinance and regu-
lations made thereunder governing, as ihe case ni be, any aspect
of:-
(i) the return claiming statutory benefit;
(ii) the inspections required to be made on receipt of such return and
the report of the inspectors after completion of such inspections;
(iii) the assessment required to be made by the Authority after receipt
of such report;
(iv) the establishment of a tribunal for the purpose of the review of
such assessment and the report of such tribunal; and
(v) the effect of such report of such assessment.
"application for registration" means application in accordance with these
regulations for registration of a parcel or parcels of land as a holding;



















No. 23. Windward Islands Banana Insurance. 1968.


"application for review'' means application in accordance with these
regulations for the review by the appropriate tribunal of an assessment;
"appropriate agent" means in relation to any function or matter, the
person authorised by the Authority or the local authority as the case
may be, to exercise that function or deal with that matter for and on
behalf of the Authority or the local authority;
"contract of insurance" means a contract entered into between the Author-
ity and an assured for the insurance of his plant mats against loss.

PART II

REGISTRATION OF HOLDINGS

3. Registration and application therefore. (1) Any person who desires
to register any parcel or parcels of land as a holding shall make application
therefore in duplicate in the form and manner and containing the particulars
set out in Form I in the First Schedule to these regulations.
(2) Every application for registration shall be delivered at the office
of the Authority to its appropriate agent.
(3) Immediately upon the delivery of any application for registration
in accordance with the foregoing provisions of this Part of these regulations,
the appropriate agent shall acknowledge receipt of the application by affixing
at the foot of the original and duplicate copy of the application his signature
and the date thereof and shall thereupon return the duplicate copy of the appli-
cation to its bearer.
(4) The Authority shall cause a proper record to be kept of the originals
of all applications for registration.
(5) A parcel of land shall be deemed to be registered as a holding from
the moment of acknowledgement of receipt of the application for registration
thereof in accordance with the provisions of paragraphs (1), (2) and (3) of
this regulation.
(6) Parcels of land which before the coming into effect of these regula-
tions were treated by the Authority as holdings shall be deemed to have been
registered under these regulations.

4. Cancellation of registration. Should the Authority discover a mis-
representation in any material particular in any application for registration,
the Authority may, by notice served upon the grower, cancel the registration
of the holding to which such application relates, and immediately upon service
of such notice such parcel or parcels of land shall cease to be a holding.



















No. 23. Windward Islands Banana Insurance. 1968.

5. Issue of registration cards. (1) Upon being satisfied as to the truth
of the matter stated in any application for registration, the Authority shall
without delay issue to the grower a numbered registration card, which shall
contain the names and addresses of the grower and the registered number of the
holding to which such application relates.
(2) Cards shall be issued free of charge, but in the event of the loss of a
card, the Authority may, on the application of the grower and on payment to
the Authority of the sum of twenty-five cents, issue a fresh card in substitution
of the lost card.

6. Possession of cards. (1) No person shall be or remain in possession
of a numbered registration card issued in pursuance of this Part of these regu-
lations except the following persons namely:-
(a) the grower,
(b) an authorised agent of the grower,
(c) the local authority,
(d) the Authority,
(e) an authorised agent of the Authority or the local authority.
(2) The Authority or any authorized agent of the Authority may im-
pound and retain any registration card which was found to be in the possession
of any person other than a person entitled to hold such a card by virtue of the
provisions of paragraph (1) of this regulation.
(3) The onus shall be on the person who sets himself up as an agent of
any grower to prove his agency for the purposes of paragraph (1) of this regu-
lation.

7. Functions of and duties with regard to cards. (1) A registration
card shall, so long as the same remains in force, be deemed to be confirmation
and conclusive evidence of the registration of the holding to which it relates.
(2) Any person who offers bananas for sale to the local authority, whether
at a buying point or at a reception station, or to a dealer shall at the time of
such offer, produce for inspection by the local authority or its appropriate agent,
the numbered registration card with respect to the holding whence such bananas
were reaped.
(3) If a grower offers bananas for sale to the local authority or its
appropriate agent and at the time of such offer fails to produce the numbered
registration card with respect to the holding whence such bananas were reaped,
the local authority or its appropriate agent shall be entitled to reject such offer
or to accept same and postpone payment thereunder until good and sufficient
cause for the non-production of that registration card shall have been proved
to the satisfaction of the local authority or its appropriate agent.



















No. 23. Windward Islands Banana Insurance. 1968.


8. Transfer of possession or control of holdings. (1) The personal
representative of a deceased grower, shall, so long as the deceased grower's
holding remains vested by law in such personal representative, be deemed to be
substituted for the deceased grower as the grower.
(2) On the transfer of possession or control of a holding or any part
thereof, the person who was the grower immediately before the transfer shall,
within fourteen days of the transfer, notify the authority of that transfer and
hand over to the Authority the registration card with respect to that holding.
(3) Upon receipt of notification of a transfer of possession or control
of a holding or any part thereof as provided for in this Part of these regulations,
the Authority shall cancel or revoke the registration card issued with respect
to that holding and -thereupon that registration card shall cease to be in force.
(4) In the absence of receipt of notification of transfer as provided for
in this Part of these regulations, the Authority may, if the Authority has reason
to believe that a transfer of possession or control of any holding has in fact
been effected, serve notice, upon the person who was the grower immediately
before such transfer, of the Authority's intention to cancel or revoke the regis-
tration card issued with respect to that holding, and if the grower fails within
fourteen days after service of such notice to prove to the satisfaction of the
Authority that no such transfer has in fact been effected the registration card
issued with respect to that holding shall stand cancelled or revoked and shall
cease to be in force.
(5) In any case where a registration card has been revoked or cancelled
by virtue of the provisions of this Part of these regulations, the Authority shall
issue a fresh registration card or cards in favour of the new grower or growers
in substitution of the card so revoked or cancelled.

9. Annual Statements. Every grower shall not later than the 28th
day of February in each year deliver at the office of the Authority to the
Authority's appropriate agent, a statement in the form and manner and con-
taining the particulars set out in Form II in the First Schedule to these regu-
lations.

PART III

THE UNDERTAKING

10. Form and particulars of the undertaking. Any undertaking which
a grower may be required to enter into as a condition for the receipt of statutory
benefit shall be in the form and shall contain the particulars set out in the
Second Schedule to these regulations.


















No. 23. Windward Islands Banana Insurance. 1968.


PART IV

PAYMENT OF STATUTORY BENEFIT

11. Payment by instalments. Statutory benefit may be paid in equal
instalments not exceeding four in number extending over a period not longer
than three months.
Provided that any instalment other than the first instalment may be
withheld from a grower who has not complied with the undertaking which he
has entered into as a condition for the receipt of Statutory benefit and the Author-
ity may continue to withhold such instalment pending compliance with that
undertaking.
PART V

CONTRACTUAL INSURANCE AND BENEFIT

12. Form of the contract. A contract of insurance and the propo al
shall be in the forms and shall contain the particulars set out in Form I and
Form II respectively in the Third Schedule to these regulations.

13. Period of insurance. A contract of insurance shall be for lhe
period commencing on the first day of January of one year and ending on the
thirty-first day of December of the same year or for the period commencing
on the first day of July of one year and ending on the thirtieth day of June
of the following year.

14. Subject matter of insurance. (1) No contract of in-urance shall
be entered into with respect to plant mats unless those mats are part of a block
of at least one hundred plant mats in a new or replanted field.
(2) During any period of insurance, the plant mats of a holding shall
not be insured under more than one contract of insurance:
Provided that a contract of insurance may at any time at the discretion
of the Authority be varied to provide for additional coverage.

15. Premium. The premium payable by an assured shall be at the rate
of three cents for every plant mat:
Provided that in the case of holdings which have been replanted to the
satisfaction of the Authority, the Authority may reduce the premium to two
cents for every plant mat.

16. Conditions for contractual benefit. An assured shall be qualified
to receive contractual benefit in respect of the loss of the plant mats specified
in his contract of insurance, and shall not be so qualified, unless



















No. 23. Windward Islands Banana Insurance. 1968.


(a) the information supplied by him and set out in the Proposal Form
attached to his contract of insurance is true and correct in every
particular;
(b) the plant mats with respect to which he claims benefit or that portion
of the holding of which those plant mats originally formed part has
suffered loss to an extent not less than the statutory minimum;
(c) during the appropriate insurance year, no bunch of bananas was
harvested from the mats with respect to which he claims benefit;
(d) at the time of the windstorm the premium due under his contract
of insurance has been fully paid; and
(e) he makes a return in accordance with the provisions of Part VI of
these regulations.

17. Amount of contractual benefit. The amount of benefit payable to
an assured under a contract of insurance shall be fifty cents for every affected
plant mat in excess of the minimum statutory percentage.

18. The applicable provisions. The applicable provisions shall mutatis
mutandis apply to every contract of insurance entered into under the Ordinance
between the Authority and an assured, and in relation to every such contract,
the applicable provisions' and the forms prescribed thereunder shall be con-
strued as if:-
(i) for the word ''statutory" there were substituted the word "con-
tractual";
(ii) for the word "grower" there were substituted the word "assured";
(iii) for the word "ratoon" there were substituted the word "plant";
(iv) for the words "registration number" there were substituted the
words "policy number"

19. Records. An assured shall keep proper records of all bunches of
bananas harvested from the mats referred to in the Proposal Form attached
to his Contract of Insurance, and shall forward those records to the authority
after every sale of bananas to the local authority.

PART VI

RETURNS, TRIBUNALS AND REVIEWS

20. The return claiming benefit. (1) Every return claiming statutory
benefit shall be in the form and shall contain the particulars set out in Form I
in the Fourth Schedule to these regulations.



















No. 23. Windward Islands Banana Insurance. 1968.


(2) Every such return shall be delivered at the office of the Authority
to the appropriate agent within ten days after the occurrence of the windstorm
which occasioned the loss in respect of which benefit is claimed.

21. Establishment of tribunals. (1) The tribunals required to be estab-
lished under the provisions of the Ordinance for the purpose of applications
for review or appeals under the Ordinance shall be established in the manner
and numbers specified in paragraph (2) of this regulation.
(2) Every tribunal shall be appointed by the Authority and shall con-
sist of-
(a) one member on the advice of the grower;
(b) one member on the advice of the Authority; and
(c) one member on the advice of the Superintendent of the Depart-
ment of Agriculture.

22. Applications for review. (1) Every application for review shall
be in the form and manner and shall contain the particulars set out in Form II
of the Fourth Schedule to these regulations.
(2) Every application for review shall be made within seven days of
the date of service on the grower of the assessment to which such application
relates.
(3) The deposit required by the Ordinance to accompany every applica-
tion for review shall be-
(a) ten dollars in the case where the application for review relates
to an assessment of a single affected holding.
(l) fifteen dollars in the case where the application for review relates
to assessment of an area within which are comprised more than
one affected holding.

PART VII

CESS

23. Payment of cess. (1) Any cess collected by the local authority
shall be paid over to the Authority by a deposit of the amount of that cess to
the credit of the Authority in any bank specified by the Authority.
(2) Every such deposit shall be made not later than the fifteenth day
of the month next following the month during which the cess shall have been
collected.


















No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE

FIRST SCHEDULE, (Reg. 3) Form I

APPLICATION FOR REGISTRATION

ISLAND OF
To THE AUTHORITY.
I/We


of (address)
do hereby apply for registration a- a holding of all that piece or parcel of
land acres in extent known as
situate at and bounded as follows:-
NORTH by
SOUTH by
EAST by
WEST by
AND I/We hereby declare as follows:-
1. That there are growing on the said piece or parcel of land
plant mats and ratoon
mats as detailed on the back of this form.
2. That the said mats belong to me/us.
3. That I/We am/are in actual possession or control of the said piece or
parcel of land.
4. That I/We am/are entitled to possession of the said piece or parcel
of land by virtue of


Dated
Applicant(s)
Witness
Witness
R received this ................................... day of 19............


Appropriate Agent.
























250

No. 23. Wiindward Islands Banana Insurance. 1968.


DETAILS 01 PLANT AND RATOON MATS ON HOLDING


Name or No. of Mats
Number of Approximate Remarks
Field or Planting Date
Section Ratoon Plants


















_


















251

No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE
FIRST SCHEDULE (Reg. 9) Form II

ANNUAL STATEMENT

ISLAND OF

HOLDING REGISTRATION NO:

NAME OF HOLDING (if any)

LOCALITY
NAME OF GROWERS)




TITLE TO POSSESSION OR. CONTROL



CULTIVATION PARTICULARS TO BE DETAILED ON THE
BACK OF THIS FORM
RATOON PLANT
MATS MATS
(a) At the date of registration
(b) At date of last annual
statement
(c) At present date
POUNDAGE DELIVERED SINCE LAST ANNUAL STATEMENT
DATED AT
S ign atu re(s) of grow er(s)................................................................. ...............................


Witness to the above signatures)

















Windward Islands Banana Insurance.


Back of Form II
(First Schedule)
CULTIVATION PARTICULARS


Average
Acres Population
per acre


Total Mats


Ratoon mats from which a bunch has
been harvested:

(a) Pure Stand

(b) Mixed Cultivation

Plant Mats from which a bunch has not
been harvested

(a) Pure Stand

(b) Mixed Cultivation



PARTICULARS OF FIELDS OR SECTIONS

-7
FIELD NO. OR RATOON PLANT MATS
NAME MATS

Mixed Date Pure Mi-ed
Pure Stand Cultiva- Planted Stand Cull ;va-
tion tic n
_____________________________________ __________________________________


TOTALS ..


Signature of Grower.


1968.




















253

No. 23. Windward Istands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE



SECOND SCHEDULE (Reg. 10)



ISLAND OF:


UNDERTAKING.

To: THE AUTHORITY

IVWe

of in the Island of

do hereby undertake upon the receipt of every instalment of statutory benefit

paid to me/us in respect of the loss suffered by my/our holding known as

and situated at

registration No. as a result of

to apply per centum thereof to the restoration,

rehabilitation, extension and/or replacement of the banana cultivation on

my/our said holding.


Witness


................................................................................

















254
No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE

THIRD SCHEDULE (Reg. 12). Form I

CONTRACT OF INSURANCE


IS L A N D O F :........................................................................

Policy No.

In consideration of the payment by

of
(hereinafter referred to a)l ;he assured) of the premium required to be paid
for the purposes hereoi to wit the sum of
d dollars an d ($................................ ........ .................. th e
Authority hereby agrees (subject to the conditionss hereinafter mentioned)
to insure the assured against loss of plant mats now
growing on his holding registration No................................................. known as
situate


CONDITIONS
1. This insurance shall be governed by regulations made under the
Windward Ilands Banana Insurance Ordinance.
2. This insurance shall apply onlk .-s during the period co: :nencing
and ending.............................


3. This insurance shall be avoided if the proposal form attached hereto
and signed by the assured is false in any particular.

IN WITNESS WHEREOF we have hereunto set our hands' this ............................
day of

WINDWARD ISLANDS BANANA GROWERS' ASSOCIATION LIMITED.

B y its a p p rop rate a g en t.....................................................................................................................................



















No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE
THIRD SCHEDULE (Reg. 12) Form II

PROPOSAL FORM.
IS L A N D O F :.................................................................
1. Registration number of tlhe holding
2. Name(s) of growers)


3. Address(es) of growers)

4. Name of Holding
5. Locality of Holding
6. How many of tho.e plant mats it present growing upon the said
holding are desired to be insured contractually?
When were those plant mats first planted or replanted?
From
To
8. Define area in which plant mats to be insured are growing





I/We hereby declare that I/We am/are poEt,ession and control of the
said holding registration No............ and that the above information
is true to the best of my/our knowledge and belief.
S ignature(s) of proposer(s)..................................................................... ..............................


Date
Amount of Premium Paid
Date Premium Paid
Signature of Appropriate Officer
Date.....

















256

No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE

FOURTH SCHEDULE (Reg. 20.) Form I

RETURN CLAIMING BENEFIT

IS L A N D O F ...................................................................................... ....... ..............................................

1. Name(s) of growers)



Address(es) of growers)



3. Registration number of affected holding

4. Date of windstorm

5. N am e and location of holding .............................................................................................

RATOON MATS PLANT MATS
(STATUTORY (CONTRACTUAL
INSURANCE) INSURANCE)

Date of planting

Acreage under cultivation

Number immediately before windstorm

No. destroyed or affected ................................................. ....

Detail the above information according to fields or sections at the back of this
form.

State boundaries of holdings:
NORTH
SOUTH
EAST
W EST .................


























257

No. Windward Islands Banana Insurance. 1968.


Other Holdings Under Your Control: (This only applies to Statutorily Insured
Ratoon Mats)

Are you in possession or control of any other holding or holdings

If so, how many

Give particulars of other holdings on the back of this form

Are the sales of bunches from this holding kept separate and distinct from

sales of bunches from any other holding or holdings

If so state names and registration numbers of other holding or holdings



I/We, do hereby make return claiming benefit in respect of the loss of
my/our ratoon plant mats occasioned by the aforesaid windstorm and do hereby
declare that the above return is true and correct to the best of my/our know-
ledge and belief.


(S ig n ed ) ...........................................................................................................

W itn ess .................................................................... .............................






















258

No. 23. Windward Islands Banana Insurance. 1968.


Back of Form I
(Fourth Schedule)

PARTICULARS OF OTHER HOLDINGS UNDER YOUR CONTROL

No. of Ratoon
Name of Holding Locality Registration No. Mats

1 .................................................... .................................................. ...................................................
2................................ ....................................................

4. ..4 ......... .........
5 .. .. I ..................................................





DETAILS OF EXTENT OF LOSS OF MATS

Name of Number
Field or Prior to Number Nmnb.,r Remarks
Section I Windstorm Affected Unaffected


.................... .. . . .............. -----...................
............................................................. i....................... ................ .......................................
................. ......................... ........................................ i .......................................... i........................................... ............................................





















259

No. 23. Windward Islands Banana Insurance. 1968.


WINDWARD ISLANDS BANANA INSURANCE ORDINANCE

FOURTH SCHEDULE (Reg. 22)
Form II

APPLICATION FOR REVIEW
of
(An assessment with respect to a single affected holding).

To: TIE AUTHORITY.
I/We, being the person (s) in possession and control of holding registration

No. issued by the Authority on the .................... day

of ..........................................................................................................19............ and being dissatisfied w ith the
assessment of the percentage of loss of mats suffered by the said holding as a

result of the w indstorm of the (lay of .............................................................19............
hereby apply for a review of the said assessment by the appropriate tribunal
and for that purpose forward herewith the prescribed deposit of five dollars.



Passed the Legislative Council this 11th day of July, 1958.


O. S. BARROW,
Clerk of the Legislative Council.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
I Price $1.24.1
1968.


























SAINT VINCENT.

4, -) No. 24 of 1968.

I Assent,

CECIL A. JACOBS,

[L. S. ] Acting Administrator.
29th July, 1968.

AN ORDINANCE to amend the Emergency Powers (Hurri-
cane, Earthquake, Fire, Flood or any natural disaster)
Ordinance.

[ 6th August, 1968. ]

Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative Council of
Saint Vincent, and by the authority of the same as follows:-
1. This Ordinance may be cited as the Emergency Powers Short title.
(Hurricane, Earthquake, Fire, Flood or any natural disaster)
(Amendment) Ordinance, 1968 and shall be read as one with the
Emergency Powers (Hurricane, Earthquake, Fire, Flood or
any natural disaster) Ordinance (hereinafter referred to as No. 5 of 1967.
the principal Ordinance) and all amendments thereto.

2. Section 2 of the principal Ordinance is ]:-irby re- Section 2 of
pealed and the following substituted therefor- principal
Ordinance
repealed and
Proclama- 2. (1) It shall be lawful for the Administrator replaced.
tion of in Council after the oco'lrrrnce 'n this Island of any
Emergency. hurricane, earthquake, fire, flood or any natural dis-
aster to declare by proclamation published in the
7r7 Gazette that a state of emergency exists.





















261

No. 24. Emergency Powers (Hurricane, Earthquake, Fire, Flood 1968.
or any natural disaster) (Amendment).

Duration (2) No such proclamation shall be in force
of procla- for more than thirty days, without the issue of an-
mation. other proclamation at or before the end of that
period.

Legisla- (3) Where a proclamation of emergency
tive has been made, the occasion thereof shall forthwith
tobeil be communicated to the Legislative Council, and if
notified the Legislature is then separated by adjournment or
of procla- prorogation the Legislature shall be notified at the
nation. first sitting thereafter of such proclamation.

Where (4) Where a proclamation of emergency
Legisla- has been made, and it is not possible to communi-
tive cate the occasion thereof to the Legislative Council
Council owing to the dissolution or the expiring of the term
is dis-
solved. of the Legislative Council and members of a new
Legislative Council have not yet been elected, after
election, the new Legislative Council shall be noti-
fied of such proclamation at its first sitting after
each member present has taken his oath of office.



Passed the Legislative Council this 11th day of July, 1968.



O. S. BARROW,
Clerk of the Legislative Council.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price 8 cents. ]


1968.




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