• TABLE OF CONTENTS
HIDE
 Main
 Statutory Rules and Orders No....
 Act No. 1 of 1970: An Act to establish...














Title: Saint Vincent government gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/01127
 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: January 31, 1970
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: VID01127
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 81
        Page 82
    Statutory Rules and Orders No. 5: Proclamation bringing into operation the National Provident Fund Act, 1970, (No. 1 of 1970) with effect from the 1st February, 1970
        Page A-13
        Page A-14
    Act No. 1 of 1970: An Act to establish a National Provident Fund and for purposes connected therewith
        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
        Page B-14
        Page B-15
        Page B-16
        Page B-17
        Page B-18
        Page B-19
        Page B-20
Full Text


















SAINT VINCENT


GOVERNMENT GAZETTE

(EXTRAORDINARY.)

ub~iihe by gAuthlritn.

VOL. 103.] SAINT VINCENT, SATURDAY, 31 JANUARY, 1970. [No. 7.

GOVERNMENT NOTICES.

No. 44.
LEGISLATION

The following Document is published with this issue of the
Gazette:-
S.R. & 0. No. 5.-Proclamation bringing into operation the
National Provident Fund Act, 1970, (No. 1 of 1970) with
effect from the 1st February, 1970.
31st January, 1970.

No. 45.
The underinentioned Act which has been assented to by His
Excellency the Governor is published with this issue of the
Gazette:-
No. 1 of 1970.-An Act to establish a National Provident
Fund and for purposes connected therewith.
By Command,
C. IVOR MARTIN,
Permanent Secretary,
Premier's Office.
PREMIER'S OFFICE,
ST. VINCENT,
31st January, 1970.

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









13

SAINT VINCENT.

STATUTORY RULES AND ORDERS,

1970, No. 5.



(Gazetted 31st January, 1970).


BY THE GOVERNOR.

A PROCLAMATION.

(L. S.)
H. GEORGE,
Governor.

WHEREAS it is enacted by section 1 of the National Provident Fund Act, 1970,
that the said Act shall come into operation on a-day to be appointed by the
Governor by Proclamation in the Gazette.

Now THEREFORE, I, Hywel George, Governor of Saint Vincent, pursuant to
the authority vested in me by the said Act do hereby proclaim that the aforesaid
Act shall come into operation on the 1st day of February, 1970.

GIVEN under my hand and the Public Seal of Saint Vincent at Government
House in Saint Vincent, this 30th day of January, One thousand nine
hundred and seventy and in the Eighteenth Year of the Reign of Her
Majesty QUEEN ELIZABETH THE SECOND.

GOD SAVE THE QUEEN!


PRINTED BY TIIE GOVERNMENT PRINTER AT THE GOVERNMvNT PRINTING OFFICE,
KINGSTOWN, ST. VINCFNT.


[ Price 4 cents. J


1 1970.

















SAINT VINCENT.

No. 1 of 1970.
I Assent,.


H. GEORGE, .

Governor.


30th January, 1970.
AN ACT to establish a National Provident Fund and for pur-
poses connected therewith.

[ On Proclamation. ]

Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
St. Vincent, and by the authority of the same as follows:-


1. This act may be cited as the National Provident Fund
Act, 1970, and shall come into operation on a day to be appoint-
ed by the Governor by proclamation published in the Gazette.
2. (1) In this Act-
"Appointed Day" means the day upon which this Act
comes into operation;
"Benefit" means any benefit payable under the Act;
"Board" means the National Provident Fund Board of
Control;
"Child" means a person under the age of sixteen years;
"Contribution period" means where wages are paid to a
worker (a) at intervals of a week or less, the week hi
which wages are paid (b) at intervals of more than a
week but not more than a fortnight, the fortnight
ending with the last day of the week in which wages
are paid (c) at intervals of more than a fortnight,
the month in which the wages are paid;


Short title and
Commencement.

Interpretation.


[L.S.]








No. 1. National Provident Fund. 1970.

"Contributions" means the contributions of the employer
or, of the worker as the case may be payable under
this Act;
"Court" means any court of competent jurisdiction;
"the Director" means the officer in control of the Nation-
al Provident Fund Office;
"Employer" means the 'person with whom the worker
entered into a contract of service or apprenticeship,
and who is responsible for the payment of the wages
of the worker;
"the Fund" means the National Provident Fund;
"Incapacitated" with its grammatical variations and
cognate expressions means unable to work by
reason of some bodily or mental disablement;
"the Investment Committee" means the National Provi-
dent Fund Investment Committee established under
section 25 (1) of this Act;
"Member" means any person who has been given a
registration number and for whom a ledger sheet is
held in the office of the National Provident Fund;
"Minister" means the Minister responsible for Finance;
"Paid" means paid in money or the equivalent, and
where there is reference to a date on which payment is
made, this means the day of receipt of payment;
"the Reserve Fund" means the National Provident Re-
serve Fund established under section 27 (1) of this
Act;
"Survivor" means any person who on the death of a
member of the Fund may be entitled to a survivor's
benefit under this Act;
"Wages" means remuneration in money paid to a work-
er under his contract of service or apprenticeship
as the case may be, and whether agreed to be paid at
fixed or determined intervals of time-(a) in respect
of normal periods of work to be performed by the
worker; (b) where payment is calculated in relation
to set tasks in respect of the number of tasks com-
pleted by the worker; or (c) where payment is
calculated in relation to the volume of work done, in
in respect of the volume completed .by the worker-
and includes any allowance payable by the employer
to the worker either directly or. by implication in
respect of the cost of living;








No. 1. National Provident Fund. 1970.


"work" includes piece woik;
"worker" means any person who not being a child (a)
is employed in St. Vincent under any contract, ex-
pressed or implied, of service or apprenticeship with
an employer whether by way of manual labour, cleri-
cal work or otherwise and however paid; or (b) is a
permanent resident of Saint Vincent and is employed
under a contract of service or other agreement en-
tered into in Saint Vincent but is employed outside
Saint Vincent.
(2) In this Act a person shall be deemed to be on or
under any age therein mentioned if he has or has not attained
that age, and shall be deemed to 'be between two ages therein
mentioned if he has attained the first mentioned age but has not
attained the second mentioned age.

PART 1
NATIONAL PROVIDENT FUND.

3. (1) There is hereby created under the provisions of National
this Act a body corporate to be called "The National Provident Provident
Fund" (hereinafter called "the Fund") which body corporate Fund
shall, as such, be entitled to make contracts and to'sue and be Established.
sued in its name, and may for all purposes be described by
such name, and service upon the Fund of any notice, order, or
other document shall be executed by delivering the same or by
sending it by registered post addressed to the Director at the
Head Office. The Fund shall have power to hold land and
other property of whatever kind, real or personal.
(2) The Fund shall have a Head Office in the town of
Kingstown and shall have perpetual succession and an official
seal.
(3) The seal of the Fund when it is being affixed to any
instrument, shall be affixed by the Director, but shall not be so
affixed in respect of any matter for which power or authority is
vested under this Act in the Board or the Investment Committee
or the Minister, save and except in accordance with the direc-
tions of the Board, the Investment Committee or the Minister as
the case may be, and shall be authenticated by the joint signa-
tures of the Director and the Secretary of the Board.








No. 1. National Provident Fund. 1970.


(4) The seal of the Fund shall be kept in the custody
of the Director.
(5) All contributions and other moneys required or
prescribed by this Act shall be paid to the Fund.

4. There shall be established for the purposes of this Act National
a Board of Control called the National Provident Fund Board Provident
of Control and the provisions of the First Schedule to this Act Fund Board
shall have effect as respects the constitution of the Board and of Control.
its proceedings-
(i) There shall be a Secretary to the Board whd shall
be a member of the staff of the Fund;
(ii) The members of the Board shall be paid out of the
Fund such expenses and allowances as the Minis-
ter from time to time may approve;
(iii) The board of control shall consider and advise
upon all matters from time to time referred to it,
and shall furnish to the Minister such information
as in the opinion of the Board is reasonably neces-
sary to assist the Minister in his deliberations.

5. (1) The Minister shall appoint a fit and proper per- Officer in charge
son to be the officer in charge of the fund; he will be called the of the Fund.
Director and he shall be the administrative head of the Fund.
(2) The Director shall be responsible for (a) the
assessment of contributions under this Act and for the col-
lection and payment of mloneys into the Fund, (b) the pay-
ment out of the Fund of the benefits and claims authorised
under thif Act (c) the investment, where not inconsistent with
this or any other Act or Ordinance, of surplus funds from
time to time; and (d) accounting for all moneys collected,
paid or invested under this Act.

6. (1) The Board shall appoint a fit and proper person
to be deputy of the Director of the National Provident Fund. Direcof thor.
(2) On the occurence from any cause of a vacancy
in the Office of the Director (whether by reason of death,
resignation, or otherwise) and in the case of illness, absence
or temporary incapacity of the Director (from whatever cause
arising), and so long as such vacancy, illness, absence or
temporary incapacity continues, the deputy shall have and
exercise all the powers, duties and functions of the Director.
(3) The fact that the deputy exercises any power,
duty or function as aforesaid shall be sufficient evidence of









National Provident Fund.


his authority so to do, and no person shall be concerned to
inquire whether the occasion has arisen requiring or author-
ising him to do so.

Payments out of 7. There may from time to time be paid out of the Fund
the Fund. such benefits and other payments as are directed to be paid
under this Act, including the cost of administration.
Appointment 8. (1) The Board may appoint Inspectors for the pur--
and duties of
Inspectors. poses of this Act.
(2) If an Inspector has reasonable cause to be-
lieve that there are workers on any premises or place he may,
at reasonable times on production of his certificate of appoint-
ment as an inspector, enter the premises or place and there
make any examination and inquiry necessary for the purpose
of this Act. In the performance of his duties under this sub-
section an inspector may require production of documents
relating to contributions or liability to contribute to the Fund,
and required to be kept by or under this Act, for inspection
by him on the said premises or place.
(3) Any person who without reasonable cause
shall obstruct, impede or refuse admission to an inspector in
the course of his duties or who fails to produce any such
document production of which an inspector may require under
sub-section (2) shall be guilty of an offence against this Act
and shall be liable on conviction to a fine not exceeding two
hundred and fifty dollars.
(4) Nothing in his section shall authorise entry
of any premises or place occupied by a department or office
of the Government without specific permission by the Head
of the Department concerned.
(5) For the purpose of this section "premises"
mnean any building or other erection used for the purpose of
business and also includes a dwelling used exclusively for
residential purposes.

Officers and 9. (1) The Board may appoint and employ at such re-
servants of numeration and on such terms and conditions as it may see
the Board. fit any officer or servant as may be deemed by it necessary
for the efficient performance of the business of the Fund.
(2) The Board may require any officer or servant
in its service to give security to its satisfaction for the due
execution of his duties.


No. 1.


1970.








1970.


National Provident Fund.


10. (1) If any officer or servant of the Fund was at
the time. of becoming such officer or employee of the Fund
a person holding a pensionable office under the Pensions Ordin-
ance, 1948, service with the Fund shall in his case be deemed
to be public service for the purposes "of the Pensions Ordin-
ance 1948.
(2) The Board shall in respect of any officer whose
service with the Fund is deemed to be public service under
sub-section (1) make such contributions to the Consolidated
Fund as the Governor may-fix from time to time.

PART II
CONTRIBUTIONS TO THE FUND.


11. (1) Subject to the provisions of this Act, an employ-
er shall, from and after the appointed day, be liable to con-
tribute to the Fund in respect of every worker employed by
him.
(2) Nothing in -this section shall be deemed to
impose any liability on; an employer for payments into the
Fund in respect. of any employee included in any of the
categories set out in the Second Schedule to this Act, and
such exemption shall continue so long as such employee con-
tinues to be employed in any such category 'as aforesaid.
(3) The Minister may from time to time by order
published in the Gazette add to, amend or vary the Second
Schedule to this Act.
(4) Where any person enters into a contract
whereby some other: person agrees to provide workers for any
lawful purpose. to such first mentioned person, such workers
shall, unless the Director otherwise decide, be deemed for the
purposes of this Act to be in the employment of such first
-mentioned 'pe:. son and not of the person who supplies the
worker as aforesaid.

12. (1) Every employer shall as from the appointed
day, unless otherwvise exempted under this Act, pay into the
Fund contributions for "the relevant contribution period pre-
scribed for workers and employees in the Third Schedule to
this' Act. Payments shall be made before the end of the
month following the month in which contributions are to be
deducted.
(2) Notwithstanding the provisions of the Em-
ployers and Servants Ordinance, 1937, or of any law to the


Preservation of
pension rights
of officers
and employees.
No. 16 of 1948.


Liability to
contribute
to Fund.


Employer to
make payments
into Fund.



No. 16 of 1937.


No. 1.








National Provident Fund.


contrary the employer shall deduct from the wages of his
employee contributions at the rate set ofit in- the Third Schedule
to this Act. Such deductions shall be made at the time when
the wages are paid to each worker; and if for any reason the
employer fails to deduct a worker's contributions at the time
required by the Act h in i-v within six months thereafter make
any necessary deductiiouo n one amount or by instalments as
the worker may agree.
(3) Where a worker dies during a contribution
period, no contribution shall be du ':for that contribution
period; and any contribution if deducted, and paid to the
Fund shall be retained in the Fund, and be dealt with under
this Act.
(4) Where an employer deducts contributions
from the wages of workers under this section, the contributions,
shall be deemed to be held by the employer in trust for the
purposes of thi- Act, and the failure by the employer, to pay.
the contribution to the Fund shall be .an .offence. under this
Act.
(5) Nothing in this section shall be construed to
authorise an employer to deduct the amount of the employer's
contribution from the wages of a worker, and any attempt
by an employer to make such deduction shall be an offence
under this Act.


Credit of
unpaid workers
contributions.




Penalty for
non-payment.








Employment by
more than one
employer.


13. If the Director is satisfied that any contribution to.
the fund has been deducted from the wages of a worker but
the employer has failed to pay the moneys into the Fund, the
Director may credit the amount of the worker's contribution
out of the general revenue of the Fund and the amount may
be recovered fi om the employer as a debt owing to the Fund.

14. (1) If any contribution is not paid within the time
prescribed or approved under this Part of this Act, a sum.
equal to ten pr centumn of the amount unpaid shall be added
for each month or part of a month after the date when pay-
inent should have been made; and any amount added shall be
recoverable, as a debt owing by the employer to the Fund.
(2) Notwithstanding the provisions of sub-section
(1) of this section, the'Director may if he thinks fit, remit in
whole or in part any penalty imposed under this section.

15. Where a worker is employed successively or concurs.
rently in a contribution period or part of a contribution period


No. 1.


1970.






8

National Provident Fund.


No. 1.


1970.


by more than one employer, each employer shall be liable to
pay to the Fund contributions with respect to the wages paid
by him to the worker.

16. The Director shall establish and maintain for each Accounts of
member of the Fund an account into which shall be paid the Fund.
all contributions made, and against which shall be charged all
benefits paid from time to time, in respect of that member.


17. Nothing in this Act shall relieve an employer from
liability to continue to contribute to the Fund in respect of
any worker who has previously received payment of benefit
from the Fund and who is under 60 years of age.

18. (1) Contributions to the Fund shall be inalienable
except under this Act, and shall not be assets for the benefit
of creditors in the event of the bankruptcy or insolvency of
a member of the Fund, or be liable to attachment for debt
under any process of law; and any security, pledge, or assign-
ment given before or after the coming into force of this Act
in respect of contributions by a member of the Fund shall be
void.
(2) Payment of contributions to the Fund shall
continue to be made notwithstanding the bankruptcy or in-
solvency of a worker and any moneys paid during the bank-
ruptcy or insolvency shall not be deemed to be after acquired
property while held in the Fund.
(3) Where a worker while a member of the Fund
is convicted of an offence involving dishonesty and the court
convicting the offender is satisfied that the employer has
suffered financial loss as a result of the commission of the
offence, the court may order payment to be made to the
employer out of the Fund. The sum to be paid under the
sub-section shall not exceed the employer's contributions in
the Fund in respect of the worker as a member of the Fund,
together with earned interest on the total amount of such con-
tributions and the amount standing to the credit of the member
in his account shall be reduced to the extent of such payment.

PART III
BENEFITS.
19. (1) Subject to this Part of this Act, there shall be
payable the following classes of benefits-that is to say benefits
in respect of age, survivorship, incapacitation and, following


Contributions
where benefit
drawn.


Contributions
etc. to be
inalienable.


Classes and
payment of
benefits.







No. 1. National Provident Fund. 1970.


emigration, payment under the same conditions as exist for
persons who are members of the Fund and have not emigrated.
(2) The Board may by notice in the Gazette (a)
defer payment of any benefit for a period of not more than
twelve months after, the coming into operation of this Act, and
(b) in the case of incapacitation, direct that no payment shall
be made until it is satisfied that an adequate system of medical
certification is in operation.
(3) Any benefit under this Act may be paid in one
amount, or by way of a pension. Where the credit in the
member's account is one thousand dollars ($1,000) or more,
arrangements will be made to pay this in the form of a pension.
Whilst the pension is in payment, the amount remaining in the
account will attract interest in the same way as any other
account.
Age benefit. 20. An age benefit to the extent prescribed in the Fourth
Schedule to this Act shall be payable to any person who being
a member of the Fund attains the age of sixty years.

Survivor's 21. A survivor's benefit in favour of the widow, widower,
benefit. nominee or personal representative as the case may be shall,
on the death of a member of the Fund, be payable to the
extent prescribed in the Fourth Schedule to this Act; no sur-
vivor's benefit shall be- payable in excess of moneys already
held for credit of the member at the time of his death.

Incapacitation. 22. An incapacitation benefit to the extent prescribed in
the Fourth Schedule to this Act, shall be payable to any person
who is a member of the Fund and is subject to such physical
or mental disability as to be unemployable save in work ap-
proved by the Board.

Emigration 23.. A grant to the extent prescribed in the Fourth
grants. Schedule to this Act shall be paid on application to a mem-
ber if he satisfies the Director that he emigrated from Saint
Vincent and has qualified for payment in the normal way.
Interest however on these accounts will cease to accrue to the
member's account as soon as the member emigrates.

Restriction on 24. No member of the Fund shall be entitled at any
double grants time to more than one benefit.
or benefits.








National Provident Fund.


PART IV
FINANCIAL AND LEGAL.


National
Provident
Fund
Investment
Committee.


25. (1) There shall be for the purpose of this Act a
National Provident Fund Investment Committee to be known
as the Investment Committee which shall consist of the follow-
ing three members:-
(a) One officer from the Ministry of Finance nomin-
ated by the Minister;
(b) The Accountant General, and
(c) The Director of the National Provident Fund.
(2) Subject to the provisions of this Act, the Invest-
ment Committee may appoint its own Chairman and regulate
the' procedure at its meetings.
(3) The Investment Committee shall meet at such
time or times as the Chairman, or the Minister, may appoint.
(4) In the absence of the Director his deputy shall
attend any meeting and in such case the deputy shall be
deemed to be a member of the Committee for the purpose of
that meeting.
26. (1) The Investment Committee shall have power to
give general or specific directions from time to time on the
investment of moneys- in the Fund which may be surplus to
current needs, and the Director shall give the Investment
Committee any information required for the-proper discharge
of the functions of the Investment Committee.
(2) The investment of moneys in the Fund not
otherwise required shall be subject to any directions given by
the Investment Committee; and for the purposes of this section,
it shall be lawful for moneys in the Fund to be expended in
the purchase of land or buildings for the proper administration
of this Act.

27. (1) There shall be a reserve fund of the National
Provident Fund hereinafter in this Act referred to as the
"Reserve Fund" into which shall be paid-
(a) all fines and penalties under this Act;
(b) contributions by employers or workers which for
any reason may not be allocated to individual
accounts in the Fund; and


Investment of
moneys in the
Fund.










National
Provident
Reserve
Fund.


No. 1.


1970.








No. 1. National Provident Fund. 1970.


(c) any other moneys authorised to be so paid under
this Act.
(2) If the net rate of interest added to the accounts
of members for the previous financial year is not less than
two and one half per centum, there may be appropriated to the
Reserve Fund on the certificate of the Minister any part of the
general income of the Fund for the next ensuing financial
year not allocated to the individual accounts.
(3) Moneys in the Reserve Fund shall not be ap-
propriated without the authority of the House of Assembly by
way of a Resolution to that effect.

28. Accounts shall be kept of moneys in the Fund, and Accounts and
in the Reserve Fund, in such form as the Director of Audit may Audit.
approve and such accounts shall be audited annually by the
Director of Audit or his nominee. Annual statements of such
accounts shall be published.

29. (1) Subject to the provision of this section, the Board Interest on
may with the concurrence of the Minister, and after consulta- Accounts
tion if he thinks fit with the Investment Committee, from time
to time fix the rate of interest to be allowed on accounts in the
Fund at the end of each financial year. Interest shall be placed
to the account of members from a date to be determined by
the Board.
(2) In determining the rate of interest the Board
shall have regard to the net income of the Fund for the pre-
vious financial year, and the rate shall be fixed so that the
amount of interest allocated shall not exceed the net income
of the Fund for the previous financial year.

30. Moneys paid to the Fund in excess of the amount for refund
which an employer is liable in respect of a worker may be contributions.
refunded to the employer in such manner as the Director may
approve.

31. (1) Any person who- Offences,
(a) for the purpose of evading payment of any con- penalties,
tribution by him or some other person knowingly roeeduie.
makes any false statement or representation, or
produces or furnishes or causes to be produced or
furnished any document or information which he
knows to-be false in a material particular; or








No. 1. National Provident Fund. 1970.


(b) for the purpose of obtaining any benefit for him-
self or some other person, knowingly makes any
false statement or representation, or produces or
furnishes or causes to be produced or furnished
any document or information which he knows to
be false in a material particular; or
(c) misrepresents or fails to disclose any material
fact; or
(d) fails to pay to the Fund within such period as
may be prescribed, any amount which he is liable
to pay under this Act; or
(e) fails or neglects to deduct any contribution under
this Act, shall be guilty of an offence against this
Act and shall be liable on summary conviction to
a fine not exceeding five hundred dollars or to
imprisonment for a term not exceeding six
months, or to both such fine and such imprison-
ment.
(2) Any person who contravenes or fails to com-
ply with any of the provisions of this Act for which no penalty
is specified, shall be guilty of an offence against this Act and
shall be liable to a fine not exceeding two hundred and fifty
dollars.
(3) The court before which any person is con-
victed of an offence under this Act or under any regulations
made thereunder may, without prejudice to any civil remedy,
order such person to pay to the Fund the amount of any con-
tributions, together with any interest or penalty thereon, certi-
fied to be due from such person to the Fund at the date of
conviction, and such amount may be recovered by levy on the
goods of the offender and shall be paid into the Fund for the
credit, where applicable, of the accounts of the members of. the
Fund concerned, or to the Reserve-Fund as the ease may be.

Civil 32. (1) Notwithstanding any other .provisions of this
Proceedings. Act, a contribution to the Fund.may be-recoverable by action
as a debt owing to.the Fund, at any time within six years from
the date when the. contribution- became due..
(2) .Any .action for- the recovery. .6f contributions
under this section may be instituted by-any inspector or officer
of the Fund on behalf of the. Director-.-o by'any ~other person
approved by the. Minister and where the actim1 is instituted
in a Magistrate's Court, any person authorised by this sub-
section may appear and conduct the case.











.(3) For the purposes of this section "contribution"
includes any interest or penalty payable or imposed for non-
payment or for late payment as the case may be.


33. (1) In any case where-
(a) warrant of distress is cx 4:t.J against the prop-
erty of an employer and any such property is
seized or sold in pursuance of such execution; or
(b) on the application of a secured creditor the
property of an employer is sold, any surplus pro-
ceeds of the sale or other realisation of such
property shall, after paying off the claim of such
secured creditor, be utilised wholly or in part in
the payment of any amounts due in respect of
contributions payable by the employer under this
Act.
(2) For the purposes of this section, "employer"
includes any company in liquidation under the Companies Act.

34. Where an offence under this Act or any regulations
made thereunder by any association of persons whether cor--
porate or unincorporated, is found to have been committed with
the consent or connivance of, or is attributable to any act or
default on the part of any person or persons in apparent .con-
trol of the association of persons, the person or persons in
apparent control and the association of persons shall be deemed
to have committed the offence. .

35. A copy of an entry in the accounts of the Fund or
other extract from records of the Fund shall, when certified by
the Director or as the case may be by the deputy of the Direc-
tor, be received in all courts as prima facie evidence of the
truth of the contents and, as the case may be, of the debt due
to the Eund by any person.


Protection of
contributions in
certain cases.













Liability f6r
acts of
association
of person&s-





Certificates -'
evidence.


PART V.
MISCELLANEOUS.


36. For the avoidance of doubt it is hereby declared that:.
notwithstanding anything to the contrary in any other law
contained, a person shall not be deemed to be the holder of a
public office or appointment for any of the purposes of Section


Saving for
Members of the
Board and of
the Investment
Committee.


National Provident Fund.


1970.'


No. 1.








National Provident Fund.


No. 13 of 1951










Exemption from
Stamp duty.



Cap. 195.


Power for
Director to
determine
questions in
special cases.




Eiasting
Scheme.


26 of the Constitution of Saint Vincent or of the House of
Assembly Elections Ordinance by reason only that such person
is Chairman or a member of the Board or of the Investment
Committee or receives any remuneration thereof:
Provided that no person being a member of the
House of Assembly or a permanent Civil Servant shall be
entitled to receive payment in respect of his services as a mem-
ber of any committee other than such travelling allowances
and expenses as may be prescribed or allowed under this Act,
or under any Regulations made thereunder.

37. No stamp duty shall be payable on any receipt, con-
tract, instrument or other document given or executed by the
Director on behalf of the Fund or by any person in respect of
benefits or refund of contributions under this Act, but nothing
in this section shall be construed to exempt any person from
liability to pay stamp duty on any power of attorney or on any
document otherwise liable under the Stamp Ordinance.

38. (1) If any question of fact arises as to the liability
of an employer or any other person to pay contributions under
this Act, the question shall be determined by the Director
subject to the right of appeal to the Board.
(2) Where the right of a person to a benefit is in
dispute or doubt or any question arises as to the total amount
of the benefit payable, the matter shall be determined by the
Director, subject to the right of appeal to the Board.

39. (1) The employer of any worker, who is a member
of or is entitled to participate in an existing Pension Scheme
or Provident Fund of his employer providing benefits for old
age shall not thereby be exempt from contributing to the Fund
except to the extent that he has in his services workers who
are within the classes exempt under the Second Schedule to
this Act.


(2) Any employer who on the appointed day is,
by himself or in association with other employers, operating
a scheme to provide benefits comparable with any under this
Act for his workers or any of them may, under the authority
of this sub-section and whether or not the rules of the employ-
ers' scheme allow, amend the scheme; and any amendment ntay
take into account contributions made to the Fund and provide
for a reduction of the contributions to the employers' scheme
where the scheme is contributory or, as the case may be, for


1970.


No. 1.








No. 1. National Provident Fund. 1970.


cessation of the scheme or for an adjustment of the benefits
under the scheme where it operates on a non-contributory
basis, subject to the preservation of the rights of existing
beneficiaries.
(3) Nothing in this section shall be construed as
to authorise the amendment of a scheme whereby the benefits
to a worker under that scheme and this Act are reduced below
those to which he would have been entitled if this Act had not
been passed.
(4) If a private scheme is exempted, provisions
shall be made by the employer to provide for the maintenance
of acquired rights of his employees.
(5) If a member of an exempted scheme withdraws
from that scheme for a reason other than that he has attained
the age of sixty years or has received retirement benefits under
that scheme or is incapacitated, or has died or has emigrated,
the employer or other person operating such a scheme shall
transfer to the Fund an amount equal to the sum which such
withdrawing member would have accumulated to his credit
under the Fund if he had been a member of the Fund during
the period of exemption.
(6) In this section "existing scheme" means a Pen-
sion or Provident Scheme for the benefit of workers, in opera-
tion before the coming into force of this Act; and "private
scheme" means such a Pension or Provident Scheme operated
by an employer or-some person other than the National Provi-
dent Fund.

40. (1) Subject to the provisions of sub-sections (2) and Regulations.
(3) of this section, the Minister may from time to time make
all regulations necessary or desirable to give effect to the pro-
visions of this Act and without limiting the general power it
is hereby declared that regulations may be made for all or
any of the following purposes:-
(a) prescribing conditions for registration and exemp-
tion under this Act;
(b) providing for contributions in anticipation of the
application of this Act to private schemes and
any particular class of worker;
(c) prescribing conditions under which payment of
contributions by employers may be made for the
purposes of this Act;








/No. 1. National Provident Fund. 1970.


(d) providing that any provisions of this Act shall
not. apply or shall apply with such modification
(if any) as may be specified in the regulations to
to any person or class of persons;
(e) prescribing the mode of collecting contributions,
the payment of claims and the computation of
benefit rates at the appropriate time;
(f) prescribing any forms for the purposes of this
Act;
(g) prescribing the type of any medical examination
for the purposes of this Act;
(h) prescribing the procedure for dealing with un-
claimed moneys in the Fund;
(i) providing for the transfer of existing pensions
and benefits to the National Provident Fund ad-
ministration and control;
(j) providing for the payment, by means of a pen-
sion, of the benefits accrued to any member of
the Fund to the amount of one thousand dollars
or over; and generally for the purpose of giving
effect to the provisions of this Act.
(2) Regulations made under this section shall be
laid before the House of Assembly within twenty-one days after
having been made, and the House of Assembly may by resolu-
tion amend or revoke the said regulations but without prejudice
to the validity of anything previously done under them or any
of them.
(3) Regulations made under this section may pro-
vide. for .any infringement thereof or failure to comply there-
with a fine not exceeding two hundred and fifty dollars on
summary conviction.
41. (1) Interest placed to members' accounts in the Interest exempt
National Provident Fund shall be exempt from income tax. from income
tax.
(2) Notwithstanding anything contained in the Contributions
Income Tax Ordinance, 1967, contributions made to the to be allowable
National Provident Fund by employers and employees shall be ncome Tax
regarded as allowable deductions under Section 8 (A) of the Ordinance.
Income Tax Ordinance, 1967.
42. This Act binds the Crown. Crown bound
by Act.







17

No. 1. National Provident Fund. 1970.


SCHEDULES.
FIRST SCHEDULE. (Section 4)
Constitution and proceedings of the National Provident Fund Board of Control.
1. The National Provident Fund Board of Control shall consist of three
members appointed by the Minister of Finance of whom-
(a) one shall represent Government,
(b) one shall represent other employers,
(c) one shall represent workers in this State.
2. The member representing Government as employers shall be appointed
after consultation with the Cabinet.
3. The member representing other employers shall be appointed after
consultation with such associations of employers or persons or bodies likely to
produce representation for employers generally throughout the State.
4. The member representing workers shall be appointed by the Minister
after consultation with such associations of trade unions or individual trade
unions as appear to him to be representative of workers generally throughout
the State.
5. The Minister shall appoint the Chairman of the Board of Control from
amongst the members, and shall convene the first meeting of the Board of Control.
6. The Chairman and other members shall hold office for a period which,
in the case of each of.the members first appointed and of any member appointed
to fill a casual vacancy shall be of such duration not exceeding three years as
may be determined by the Minister and in any other case members shall be
appointed for a term of three years. Any member of the Board shall be.eligible
for reappointment.
7. A member of the Board of Control may at any time by notice in writing
addressed to the Minister, resign his office, and if a member becomes, in the
opinion of the Minister, unfit t6 continue in office or incapable of performing
his duties, the Minister shall in such manner as he thinks fit declare the office
of the member vacant.
8. The quorum for any meeting of the Board of Control shall be three but
the Board may act notwithstanding any vacancy in the membership of the Board.
9. A substitute member may be appointed for any one meeting a member
is unable to attend.
10. The Board of Control may with the approval of the Minister make
standing orders for the purpose of regulating the procedure at its meetings.
SECOND SCHEDULE.
EXEMPT PERSONS (Section 11 and 39).
1. Workers employed in any public department or authority who are entitled
to or eligible for benefit under the Pensions Ordinance or any scheme of pensions
on terms substantially similar to those prescribed by the Pensions Ordinance.









No. 1. National Provident Fund. 1970.


2. All workers covered by any scheme which provides similar benefits to
those provided by the National Provident Fund.
3. Persons who receive more than $3,000 per annum by way of remuneration.
If they are not covered by a private and exempted scheme, then these persons
and their employers will be subject to contributions to the National Provident
Fund up to the amount of $3,000 per annum.
4. Persons who in their official capacity are accorded diplomatic or equivalent
status.
5. Workers whether persons belonging to Saint Vincent or not, whose terms
of service or engagement wherever executed provide that they are subject to
service ior any period of not less than one year outside the State.
6. Any worker not being a person belonging to Saint Vincent who is to be
employed in Saint Vincent for a period not exceeding two years at one time. In
this and the preceding paragraph "person belonging to Saint Vincent" means
a person regarded as belonging to Saint Vincent under Section 18 of the Con-
stitution of Saint Vincent.
7. In any case to which paragraph 5 or 6 of this Schedule applies, the
employer shall satisfy the Director that the worker is liable to contribute to,
or is entitled tt benefits from, the Social Security Scheme of any Country other
than this State, or any benefit scheme of his employer substantially similar
to the benefits of the National Provident Fund.

THIRD SCHEDULE.
CONTRIBUTIONS. (Section 12).
Contribution Period Workers Contribution Employers Contribution
Deductable from wage by for each worker
employer
One month Five cents for every Five cents for every
complete dollar of wages complete dollar of wages
One fortnight Five cents for every Five cents for every
complete dollar of wages complete dollar of wages
One week Five cents for every Five cents for every
complete dollar of wages complete dollar of wages

FOURTH SCHEDULE.
BENEFITS. (Sections 20-23).
Age; survivors; incapacitation; grants to emigrants.
The amount of benefit payable shall be the balance of the contributor's
account in the Fund at the date of payment with the related accrued interest,
and in the case of survivors benefit, estate duty, if any, shall be deducted before
payment. Emigrants shall not receive interest on accounts after emigration.








19

No. 1. National Provident Fund. 1970.


Passed in the House of Assembly this 23rd day of January, 1970.

0. S. BARROW,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 76 cents. ]
1970.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs