VIRGIN ISLANDS G Z..I
Son published by authority.
VOL. III. THURSDAY, 27TH MARCH, 1958. o. 15.
No ees. No.36. Virgin Islands.
Appointments, transfers, etc., in No. 4 of 1958, The Title by It is notified for general informa- the public service, with effect from Registration Act (Amendment) Ordition that His Excellency the Governor the dates stated, are published for nance, 1958 ". Mar. 24
received the accolade of Knighthood general information:- Ref. No. 47/0(17(.
in the Order of St. Michael and St.
George from Her Majesty the Queen Antigua.
at Buckingham Palace on the 21st BELLOTT, Miss II., Principal, Chief No. 38. March, 1958. Secretary's Office, appointed Ad- The following Bills which are to
Chief Secrolary's Oicve, ministrative Secretary, Administra- he introduced into the Legislative
4Antiua. tion. Jan. 1 Council of Antigua, are circulated
21st March, 1958 with this Gazette and form part
R21st MarchNo.7o. 1958. CHAMBERS, S., P.O. Class III, Audit thereof:Ro. No. 37/0t; Department transferred as P.O.
Class III Fisheries Division, Agri- The Co-operative Societies OrdiThe following messages were ex- cultural Department. Apr. 1 nance, 1958."
changed between the Comptroller,
Development and Welfare Organisa- Ho, G., Principal, Customs Depart- The Beach Control Ordinance,
tion and the Governor's Deputy of the ment appointed to act as Collector 1958." Leeward Islands on the closing down of Customs. Feb. 26-Mar. 3 of the Organisation and transfer of JACOBS, C., Uncertificated Teacher, No. 39. the work to the Federal Govern- Edncation Department, resigned
ment:- appointment. Apr. 1 The following Statutory Rule and
" My colleagues, past and present, Order is circulated with this Gazette
oand I have been proud to serve the LAKE, Mrs. G., District NurselMid- and forms part thereof:British Caribbean Governments and wife. Medical Department dismissed Antigua.
people through many critical years from the Civil Service. Mar. 16 Antgu.
and we shall watch their future
progress with high confidence and MICHAEL, Mrs. E., appointed tern- No. 15 of 1958, "The Stamps
warm good-will porary Clinic Nurse, Medical (Federation of The West Indies)
__Department. Mar. 1 (Commemoration) Order, 1958."
"On the eve of the closing down 1 pp. Price 3 cts.
of the Development and Welfare PRINCE, Mrs. A., Assistant Teacher
Organisation I convey to you the Class II, Education Department, WEST INDIES GAZETTE
warm thanks and appreciation of resigned appointment. Jan. 12
the Governments and people of the LIST of Gazettes and Legal SuppleLeeward Islands for the ready and PRINCE, Mr. J., Elementary School ments received for sale at the Govgenerous assistance provided by the Head Teacher Class II, Education ernment Printing Oflice, Antigua, are
Organisation in so many ways and Department resigned appointment. appended below:which has been of inestimable Jan. 29
value in the development of these No. A. C. 1s865-II. (a) Gazette Nos. 1 to 8-Vol. I,
islands over the past years. -- 1958. Price 18 cents.
On their behalf, I also wish to No. 37. LEGAL SUPPLEMENTS.
pay tribute to the unstinted services rendered by you and your The Governor's Deputy has been (b) No. 1 of 1958, The Appointpredecessors and by your Advisers, pleased to assent to the undermen- ments in the Public Service (Delegapast and present ". tioned Ordinances:- tion) Regulation, 1958, and
Chief Secretary's Office, Montserrat No. 2 of 1958," Proclamation bringAntigua. ing certain provisions of the Constitu25th March, 1958. No. 7 of 1958, "The Income Tax tion into force." Price 8 cents.
Ref. No. C. 27/00ooo012 (Amendment) Ordinance, 1957 ".
Mar. 24 (c) British Caribbean Federation
Ref. No. 47/100184. Act, 1956, with The West In(lis
IT IS HEREIY NOTIFIED for (Federation) Order in Council, 1957,
general information that pursuant to No. 8 of 1958, "The Fire Brigades and the Constitution of the W.st Section 7 of the Marriages, Births and Ordinamce. 1957." Mar. 19 Indies." Price 80 cents.
Deaths Registration Act. 1870, Mrs. Ref. No. 47/00526. (d) Part I-" The Interpretation
Eunice Ultima Wiltshire of Parham has No. 11 of 1958, "The Cadet Corps Regulations, 1958." Price 80 cetits. been appointed Assistant Registrar for Ordinance. 1957 ". Mar. 19 the Parish of Saint Peter in place of Ref No. 47/0017. (e) Part II- Statutory InstruMr. E. A. Hill whose appointment is ment No. 3 of 1958 and
terminated. No. 14 of 1958, "The Appropriation Ordinance, 1958". Mar. 22 "Statutory Instrument No. 4 of
Dated the 20th day of March, 1958. Ref. No.47100496. 1958." Price 9 cents
76 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [March 27, 195g.
Likely vacancies for Junior Administra- TRADE MARKS OFFICE, TRADE MARKS OFFICE,
tive Staff in the Federal Establishment. ANTIGUA, 1 Ith March, 1958.
ANgTIGTJA, 11th March, 195&.
Applications are invited for appoint- STERLING PRODUCTS LIMITment to posts of Assistant Secretary ED, of 29 Main and Holmes Streets, STERLING PRODUCTS LIMIT(Salary scale $6,480x240-$7,440 per Georgetown, British Guiana, have ED, of 29 Main and Holmes Streets, annum) and Administrative Assistant applied for Registration of one Trade Georgetown, British Guiana, have (Salary scale $4,080x240-$5,520 per Mark consisting of the following:- applied for Registration of one Trade, annum) on the Federal Establishment Mark consisting of the following:which a likely to become available
from or after April, 1958.
2. The conditions of appointment
apart from that of salary given above .X"T:5 *ri..
are Ps follows:-(a) free passages by the cheapest 4 .
and most direct route to Trini- 'T 4
dad and, if not subsequ-ntly ... .
permanently transferred to the Federal Civil Service. hack to the territory from which recruited f'( himself, his wife
~in Class 42 that is to say: Cooking and his children who are under i lass 42rtaisoa
the age of IS years and who are de Margarine.
dependent upon him, up to a The Applicants claim that they
maximum of five persons in all; have used the said Trade Mark in
(b) the cost of transporting by sea in Class 42 that is to say: Table Grade respect of the said goods for one year
a reasonable amount of personal Margarine. before the date of their said Applicaand household effects (not ex- tion.
ceeding 200 cubic feet) to The Applicants claim that they
Trinidad and back to the terri- have used the said Trade Mark in Any person may within three
tory from which recruited respect of the said goods for two months from the date of the first under the conditions in (a) years before the date of their said appearance of this Advertisement in above would be met from Fed- Application. the Antigua, Montserrat and Virgin&
eral funds; Island Gazette, give notice in dupli(c) the cost of transporting a car by Any person may within three cate at the Trade Marks Office,
sea to Trinidad and back to the months from the date of the first Antigua, of opposition to registration.
territory from which recruited appearance of this Advertisement in of the said Trad" Mark.
under the conditions in (a) the Anligua, Montserrat (f7d Virgin above would be irret from Fed- Islands Gazette, give notice, in duplieral funds but not the cost of cate at the Trade Marks Office, EVAN CREQUE,
crating or special garage charges Antigua, of opposition to registration Ag. Registrar of Trade Marks.
on unloading; of the said Trade Mark.
(d) quarters would be provided on
payment of rental of ten per EVAN CREQUE, In the Supreme Court of the
cent. of salary; if basic, heavy Ag. Registrar of Trade Marks.
furniture is provided, a rental Windward Islands and
of five per cent. per annum of
the value would be charged for TRADE MARKS OFFICE, Leeward Islands.
this; PLYMOUTH, MONTSERRAT.
(e) vacation leave at the rate of 45 18th March, 1958.
days a year; VIRGIN ISLANDS CIRCUIT.
(f) leave passages up to the cost of 'HE PIN-UP COLD PERMthree adult return passages WAVE, LIMITED, of 449, London A.D. 1958.
from Trinidad to the United Road, Isleworih. Middlesex. England, Kingdom would be provided have applied for Registration of One
after completing a minimumn Trade Mark consisting of the follow- NOTICE is hereby given that in tour of not less than four years; ing:- pursuance of Rules made by the
(g) free medical attention not pro- Chief Justice under section 16 of the
vided but the cost of any RAYVE Windward Islands and Leeward I
necessary operative treatment, lands (Courts) Order in Council, 1939,
X-ray examinations or bacterio- in Class 48. and du prve as ten prological services would be met and duly approved as therein profrom Federal funds for the The Applicants claim that the said vided on the 16th day of October,
officer himself only; goods are not in use in Montserrat A.D. 1941, the Honourable the Puisne
(h) the appointment would be on in respect of the said Trade Mark Judge selected for the Sitting of the
secondment in the first instance before the date of their said Court in the Virgin Islands Circuit and pension rights would be Application. has appointed the day of the month
safeguarded by the payment of on which the ensuing Court shall sit
pension contributions; upon the Any person may within three as follows, that is to say:-.
enactment of Federal Pensions months from the date of the first
legislation, officers will be trans- appearance of this Advertisement in The Virgin Islands Court on Mon-ferred to a pensionable post in the Antigua, Montserrat and Virgin day the 14th (lay of April, 1958, at
the Federal Civil Service. Islands Gazette, give notice in dupli- 10 o'clock in the forenoon.
cate at the Trade Marks Office,
Administrator's Oflee, Montserrat, of opposition to registra- Dated the 28th day of February.
Antigua. tion of the said Trade Mark. 1958.
10th March, 1958. C. STRAUGHN HUSBANDS. H. Alex. Besson,
Ref. No. A.C. 13/266, Registrar of Trade Marks. Registrar.
31ahch 27, 1958.] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 77
The attention of the general public Applications are invited for the post Applical ions are invited for the post is drawn tothe Beach Protection Ordi- of Financial Secretary, Dominica. of Agricultural Officer (Extension), nance No. 7 of 1957 particularly to Department of Agriculture, St.
paragraph 4 (1) which states "It shall Salary: Vincent.
not be lawful for any person to:(a) dig, take or carry away, or aid The salary of the post, which is Salary:
or(assist)i diging, tak i or carry pensionable, is ill the scale $4,320 x
or assist in digging, taing or crry- 120-$5,280 per annum, plus a 20% The salary of the post, which is tion purposes or for the purpose of pay addition, plus $240 p.a. as Chair- pensionable. is in the scale $3,360 x proviing buast for thesse ay man, Income Tax Commissioners, 120-$4,320, plus a pay addition of
providing ballast for vessels any $360 p.a. as Currency Officer and 20% of salary. The appointment will any, beach or seashore in the $172.80 p.a. as Naval Reporting Offi- be on a contractual basis or on secondColony; o r s cer. The appointment carries with it ment. for a period of 2 years in the
(b) convey or move for building liability to transfer to any post of first instance. The pension rights of
() construction purposes or for the equivalent status in Windward Islands any pensionable seconded officer will or custrctin pupose orfor hehe preserved. purpose of providing ballast for yes- Duties:
sels any such sand, stone, shingle The duties of the post tire:- Duties:
or gravel along any public road, (eXcept under and in accordance with a (i) to advise Government on all The duties of the officer will be
written permit from the Colonial financial matters; those assigned to hitn by the SuperinEngineer or an authorised officer tendent of Agriculture to whom he
and subject to such terms and con- (ii) to be responsible for Finance will be directly responsible. Such
editions as are therein stipulated." and Fiscal Policy, Customs duties will include the direction of
and Taxation; Agricultural Extension and Soil Con2. By virtue of the powers con- servation programmes, as well as
ferred (on me under section 3 of the (iii) to perform the duties of general work of an administrative
above Ordinance, I hereby appoint the Comptroller of Customs and iiatuire.
police officerr for the time being in Excise; Currency Officer,
charge; of every police station (other Naval Reporting Officer; Qualifications:
than the Prish of Saint John) in the Chairman. Income Tax
Colony, to be an authorised officer in Commi.-ioiiers; Chairman, The minimum qualification rerespect of the district in which the Agricultural Loan Board; quired is the Diploma of the Imperial
Police Station is situated for the pur- College of Tropical Agriculture or an
pose of issuing permits for the removal (iv) to lierform any other duty equivalent degree, with experience of sand stone, shingle or gravel from and render any further in Tropical Agriculture. General adany beach in the district aforesaid. assithince- ;s may he direc- ministrative experience and knowPermits in respect of the Parish of ted. The holderof the post ledge of extension work would be
Saint John will be issued by me at is an ex-ofllicio Member of advantageous.
,the Public Works Department, Saint the Executive Council and
John. Le-gislative Council and a Further particulars regarding the
3. Any person requiring sand etc mrinated Member of the appointment may be obtained from
fro. Any eacsoeirin tand te Roseau Town Council. the Chief Scretary, Windward
from any beach other than in the Islands, Grenada, to whom applicaParish of Saint John should apply to Qualifications: tions should be addressed to reach him
the Police Station of the district for a The officer must be competent to not later than the 30th April, 1958. permit. advise on all aspects of financial policy. Rof.No. A. C. 131290.
4. Until further notice the follow- He must be capable of exercising finaning beaches are closed for the removal cial control over all branches of Gov,of any sand, stone, shingle or gravel:- ernment Revenue and Expenditure. RAINFALL FIGURES
Fort James to Sand Haven Preference will be given to a candiSand Haven to Corbinson Point date who has served several years in a Agrioultural Department,
Ballast Bay senior post, in the Public Service, pre- Antigua
Side Hill Bay ferably, in a financial capacity.
Picarts Bay (Dead Sands)
South Eastern half Further particulars regarding the Month 1954. 1955. 19546. 1957. 1958.
Half Moon Bay appointment may be obtained from January 3.04 2.16 1.40 3.1t .92
Long Bay. the Chief Secretary, Windward Is- Feb. 2.45 .68 1.23 2.29 .66
lands, Grenada, to whom applications To 22nd Mar. .6b '83 1.34 .33 .00 R. G. ARMYTAGu, should be addressed to reach him not G.14 3.67 3.97 5.78 1.58
Colonial Engineer. later than the 31st March, 1958.
20th March, 1958,
MEDICAL ACT 1937
Pursuant to Section 23 of the Medical Act, 1937 of the Leeward Islands as amended by the Medical (Amendment) Act, 1948, and adapted to the Colony of Antigna by S. R. & 0. No. 22 of 1956, the following registration sis thereby notified.
Name. Qualification. Date Registered. Registration Number.
-LAKB, RUBY BERYL VIOLA ... M.B., B.S., (Lond.) 1956 20th March, 1958 187
78 THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. [March 27, 1959.
Parsuant to the provisions of section 79 (2) of the Antigua Constitution and Elections Ordinance, 1951, as modified and adapted for the election for the Colonies of two members to serve in the House of Representatives of the West Indies, I hereby give notice that at the general election held in the said Colony on the 25th March, 1958, thb following candidates were duly elected as members of the said House:BRADLEY THEODORE CARROTT
NOVELLE HAMILTON RICHARDS
Dated this 27th day of March, 1958.
HENRY J. ELWIN,
Administrator's Office, Supervisor of Elections.
27th March, 1958.
Ref. No. A. 18/60.
TRADE MARKS OFFICE,
ANTIGUA, 6th March, 1958.
CHESTER H. ROTH CO. INC., of 200 Madison Avenue, New York, State of New York, United States of America, have applied for Registration of one Trade Mark consisting of the following:Supp-hose
in Class 38 that is to say: Hosiery.
The Applicants claim that they have used the said Trade Mark in respect of the said goods for five months before the date of their said Application.
Any person may within three months from the date of the first appearance of this Advertisement in the Antigua, Montserrat'and Virgin Islands Gazette, give notice in dublicate at the Trade Marks Office, Antigua, of opposition to registration of the said Trade Mark.
Ag. Registrar of Trade Marks.
STATEMENT OF CURItRENCY NOTES AND BRITISH CARIBBEAN COIN IN CIRCULATION IN TIHE BRITISH
CARIBBEAN TERRITORIES (EASTERN GROUP) ON 1st FEBRUARY, 1958.
Average circulation during December, 1957 $ $
British Caribbean Currency 68,287,935.00 3,405,305.00
Demonetized Govt. notes outstanding 1,072,640.00
British Caribbean Notes and Coins in
circulation on 1st February, 1958.
Trinidad and Tobago 30,660,271.00 1,441,125.00
Barbados 7,262,625.00 514,125.00
British Guiana 17,596,861.00 741,710.00
Grenada 3,160,100.00 14 2,125.00
St. Vincent 669,400.00 95,500.00
St. Lucia 1,034,000.00 1 25,600.00
Dominica 1,765,400.00 100,400.00
Antigua 2,374,300.00 123,600.00
St. Kitts 1,589,500.0 122,300.00
Montserrat 370,105.00 24,150.00
"Proof Sets" Coins 1,870.00
Total circulation of Notes and Coins $
on 1st February, 1958 66,482,562.00 3,432,505.00
Demonetized Govt. Notes outstanding on
1st February, 1958:Trinidad and Tobago 734,958.00
British Guiana 266,263.00
Total demonetized Government notes -outstanding on 1st February, 1958 1,070,530
Total currency circulation on 1st February, 1958 $67,553,092 $3,432.505.00
British Caribbean Currency Board, L. S. SPENcE,
Treasury Chambers, Executive Commissioner,
Port of Spain, Trinidad, B. JV.L. Br. Caribbean Currency Board.
Ref. No. 24/00087.
2March 27, 1958.] THE ANTIGUA, MONTSERRAT AND VIRGIN ISLANDS GAZETTE. 7.q
ONE-WAY TRAFFIC SCHEME.
1. With effect from 06.00 hours on 2nd April, 1958 the following one-way traffic scheme will be
-introduced in the city of St. John's, Antigua.
2. On the following roads and within the limits specified vehicles shall be driven only as indicated:A. In a northerly direction only1. Kentish Village road between Joseph's Lane and Ao. 1 New Street.
2. Market Street between No. 1 New Street and Newgate Street.
3. Commissioner's Alley between Redcliffe Street and Saint Mary's Street.
4. Iughes Alley between St. Mary's Street and High Street.
B. In a southerly direction only1. Corn Allay between Newgate Street and No. 1 New Street.
2. Thames Street between Newgate Street and Redcliffe Street.
3. Ottos Road between No. 1 New Street and Joseph's Lane.
C. In a westerly direction onlyNo. 1 New Street between Corn Alley and Market Street.
3. No vehicles shall be parked on any of the following roads:a Kentish Village road between the entrance to the King George Memorial Station and No. 1I
b Market Street between No. 1 New Street and Newgate Street.
c No. 1 New Street between Corn Alley and Market Street.
d Commissioner's Alley.
e Hughes Alley.
f Corn Alley
g Thames Street.
A Ottos Road between No. 1 New Street and Rodney Street.
4. These regulations are made under Section 78 (1) of the Vehicles and Road Traffic Ordinance
-No. 5 of 1946.
5. The Scheme is being introduced with the object of improving circulation in St. John's for the, public as a whole. Tih co-operation of all sections of the Community is requested.
H. G. SEWARD,
7th March, 1958.
Ref. No. 36/00008
TiAred at the Government Printing Office, Antigua, Leewaxrd Islands, by EARL PIGOIT, Acting Government Printr.-By Authority.
7 Price 8 cents.]
THE CO-OPERATIVE SOCIETIES ORDINANCE, 1958.
No. of 1958.
TABLE OF CONTENTS.
PART I--PRELIMINARY Setion.
1. Short Title. 59
3. Appointment of Registrar and Assistant Registrars.
4. Societies which may be registered.
5. Conditions of Registration.
6. Application for Registration.
8. Societies to be bodies corporate.
9. Evidence of Registration.
PART III- DUTIES AND) PRIVILEGES OF SOCIETIES.
10. Amendment of the by-laws of a registered society. 11' Address of society. 12. Copy of Ordinance, rules, by-laws, etc., to be open to inspection. 13: Disposal of produce to or through a registered society. 14. Creation of charges in favour of registered societies. :15, Charg and set off in respect of shares or interest of members. 16., Shares or interest not liable to attachment or sale. 17. Transfer of interest on death of member
18. Deposits by or on behalf of minors.
19 Register of members.
20. Proof of entries in books of society.
PART IV-RIGHTS AND LIABILITIES OF MEMBERS.
21. Qualification for membership.
22. Mmbers not to exercise rights till due payment made. 23. RRestriction of membership in society.
24. Votes of members.
,25; Representation by proxy. 26. Contracts with society of members who are minors.
27. No individual to hold more than one-fifth of share capital of any
28 Restrictions on transfer of share or interest.
29. Liability of past member arid estate of deceased member for
debts of society.
PART V-PROPERTTY AND FUNDS OF REGISTERED SOCIETIES.
30. Loans made by a registered society.
31. Deposits andl loans received by a registered society.
32. Restrictions on orher transactions with non-members. S 33. Investment of funds. S 34. Disposal of profits.
TABLE OF CONTENTS-(cont'd).
PART VI-AUDIT, INSPECTION AND INQUIRY.
36. Power of Registrar to inspect societies' books, etc. 37. Inquiry and inspection.
39. Cancellation of registration of a society due to lack of membership. 40. Effect of cancellation of registration. 41. Liquidation after cancellation of registration of society. 42. Liquidator's powers. 43. Power of Registrar to control liquidation. 44. Enforcement of order. 45. Limitation of the jurisdiction of the civil court. 46. Closure of liquidation.
PART VIII -SURCHARGE AND ATTACHMENT.
47. Power of Registrar to surcharge officers, etc., of a registered
48. Appeal to the Governor in Council.
49. Settlement of disputes. 50. Case stated on question of law.
52. Recovery of sums due to Government. 53. Special powers of Governor in Council to exempt any society
from requirements as to registration.
54. Special power of Governor in Council to exempt societies from
provisions of Ordinance.
55. Power to exempt from stamp duty and registration fees. 56. Prohibition of the use of the word co-operative ". 57. Penalty for non-compliance with Ordinance. 58. Punishment of fraud or misappropriation. 59. Commencement.
Nc, of 1958. Co-operative Societies, ANTIGUA,
No. of 1958.
An Ordinance to provide for the formation and
to regulate the operations of co-operative
[BY PROCLAMATION] commencemient.
ENACTED by the Legislature of the Colony of Antigua.
1. This Ordinance may be cited as the Short title. Co-operative Societies Ordinance, 1958.
2. In this OrdinMce unless the context other- Interpretawise requires: tion.
S"bonus" means a share of the profits of a
registered society divided among its members in proportion to the volume of business done with the society by them from which the profits of the society were
"by-laws" means the registered by-laws made
by a society in the exercise of any power conferred by this Ordinance, and includes a registered amendment of the by-laws;
ANTIGUa 2 Co-operairve Socielies. No. of 1958.
"committee" means the governing body of a registered society to whom the management of its affairs is entrusted;
"dividend means a share of the profits of a registered society divided among its members in proportion to the share capital held by them;
" member includes a person or registered society joining in the application for the registration of a society, and a person or registered society ,dmitted to membership after registration in accordance with the by-laws;
"officer" includes a chairman, secretary,
treasurer, member of committee, or other person empowered under the regulations or by-laws to give directions in regard to the business of a registered society;
"registered society" means a co-operative society registered under this Ordinance;
"Registrar" means the Registrar of Cooperative Societies appointed under section 3 of this Ordinance and includes any person when exercising such powers of the Registrar as may have been conferred upon him under that section;
"rules means rules made under this Ordinance;
"section" means a section of this Ordinance.
Appointment 8. The Governor may appoint a person to be
of Registrar Registrar of Co-operative Societies for the Colony and Assistant
Registrars. and may appoint persons to assist such Registrar,
and may, by general or special order published in the Gazette, confer on any such persons all or any of the powers of a Registrar under this Ordinance.
o -of 158. Co-operatve Societfie, ANTI01A
4. Subject to the provisions hereinafter con- societies tained, a society which has as its object the ,, imdy
. 1be registered.
promotion of the economic interests of its members in accordance with co-operative principles, or a society established with the object of facilitating the operations of such a society, may be registered under this Ordinance with or without limited liability ais the Registrar may decide:
Provided that the liability of a society which includes at least one registered society among its members shall be limited,
5. (1) No society, other than a society of Conditions which a member is a registered society, shall be (If Reistra. registered under this O)rdinance, which does not con sist of at least ten person s each of whom is qualified under section 21 for i mrmnberslhip under this Ordiinance.
(2) The word co-operative shall form part of the name (of every society registered under this Ordinance.
(3) The word limited" shall be the last word in the name of every society with limited lia. bility registered under this Ordinance.
(4) When for the purposes of this section any question arises as to age, residence, or occupation of land constituting the qualification of any person, that question shall be decided by the Registrar whose decision shall be final.
6. (1) For the purposes of registration ani Application application shall be made to the Registrar. for Registrat-ion.
(2) The application shall be signed:(a) in the case of a society of which no
member is a registered society, by at least ten persons qualified in accordance with the requirements of section
5 (1); and
(b) in the case of a society of which a
member is a registered society, by a duly authorised person on behalf of every such registered society, and,
AN lIUA. 4 Co-operative Soci'ties. No. ofi9
where all the members of thesociety are not registered societies, hyten' other members, or, when 'there are less than ten other members, by all of them,
(3) The application shall be accompanied by
copies of the proposed by-laws of the society, and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Registrar may require,
nReisetrion. 7. (1) If the Registrar is satisfied that a
society has complied with the provisions of this"
Ordinance and the rules, and that its proposed bylaws are not contrary to this Ordinance or tb. the rules, he may, if he thinks fit, register the society and its by-laws. An appeal shall lie to tle Governor in Council against the refusal of the,Registrar to register any society within one month from the'
date of such refusal.
(2) On registration the society shall pay such
fee as may be required by the rules.
Societies to 8. The registration of a society shall render
be bodieR it a body corporate by the name under which it is corporate. .
oporae. registered, with perpetual succession and with power
to hold property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all things necessary for the purpose of its
Evidence of 9. A certificate of registration signed by the
Registration. Registrar shall be conclusive evidence that the
society therein mentioned is duly registered, unless it is proved that the registration of the society has
PART 111-DUTIES AND PRIVILEGES OF SOCIETIES.
Amendment 10. (1) Any registered society may, subject
oftheby-law to this Ordinance and the rules, amend its by-laws, of a regis- by-law
terdsooiety. including the by-laws which declares the name of
.No. 0 1958. Co-operative Societies. 5 ANTIGtA.
(2) No amendment of the by-laws of a registered, society shall be valid %tntil that amendment has beeri registered under this Ordinance, for which purpose copies of the amendment shall be forwarded to the Registrar.
(3) If the Registrar is satisfied that any amendment of the by-laws is not contrary to this Ordinabnce or to the rules, he may, if he thinks fit, register the amendment. An appeal shall lie to the Governor in Council against the refusal of the Registrar to register any amendment of any by-law.
(4) An amendment which changes the name of a society shall not affect any right or obligation of the society or of any of its members or past members, and any legal proceedings pending may be continued by or against the society under its new name.
(5) When the Registrar registers an amendment of the by-laws of a registered society, hlie shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence of the fact that the amendment has been duly registered.
(6), In this section, "amendment includes the making of a new by-law and the variation or rescission of a by-law.
11. Every registered society shall have an Addresof address, registered in accordance with the rules, to society. which all notices and communications may he sent, and shall send to the Registrar notice of every change of that address.
12. Every registered society shall keep a copy CopyofOraiof this Ordinance and of the rules and of its bv-laws ane, rules, by-laws, etc.,
and a list of its members open to inspectionI, free to be open of charge, at all reasonable times at the registered to inspection. address of the society.
o 13, (1) A registered society which has as Disposmnl of one of its objects the disposal of any article produced produce toor
or obtained by the work or industry of its members registered whether the produce of agriculture, animal hus- society. bandry, fisheries, handicrafts or otherwise may provide in its by-laws or may otherwise contract with its members:-
ANTIGUA. 6 Coop)crazte Societies. No. of 1958.
(a) that every such member who produces any ,.ctl article Thall dispose of the who r anvy pecied amount, proportion or description thereof to or through the society; and
(b) that any member who is proved or adjudged, in sich manner as nmay be prescribed by the rules to be guilty of a breach of the by-laws or contract shall pay to the society as liquidated dainomages a sum ascertained or assessed in such manner as may be prescribed by the aforesaid rules.
(2) No contract entered into under the provisions of this section shail be contes,,od in any court on the ground only that it constitutes a contract in
restraint of trade.
creation of 14. (1) Subject to any prior claim of, the
charges in Crown on the property of the debtor and to the lien favour of
rogistered or claim of a landlord in r spect of rent or any societies, money recoverable as rent aind i the case of immovable property to any prior registered charge
thereon:(a) any debt or outstanding demand payable to a registered society by any member or past member shall be a first charge on all Crops or other agricultural produce, marine produce, fish, livestock, fodder, agricultural, industrial and fishing implements, plant, machinery, boats, tackle and nets, raw materials, stock in trade and generally all produce of labour and things used in connection with production raised, purchased or produced in whole or in part fromin any loan whether in money or in goods given him by the society: Provided that nothing herein contained shall affect the claim of any bona ftide purcliuaser 9r transferee without notice:
No. of 1958. Co-operative Societies. 7 AsmtiA.
(b) any outstanding demands or dues
payable to a registered housing society by any member or past member in respect of rent, shares, loans or purchase money or any other
rights or amounts payable to such society shall be a first charge upcn his interest in the immovable property of the society.
15. A registered society shall have a charge Charge. and upon the shares or interest in the capital and on the cet off in r aspect of
deposits of a member or past member or deceased sharesor member and upon any dividend, bonus, or profits interest of
payable to a member or past member or to the estate of a deceased member in respect of any debt due to the society from such member or past member or estate, and may set off any sum credited or payable to a member or past member or estate of a deceased member in or towards payment of any such debt.
16. Subject to the provisions of section 15, Shares or the share or interest of a member in the capital of iteest not able to
a registered society shall not be liable to attachment attachment or sale under any decree or order of a court in re- or salB. spect of any debt or liability incurred by such member, and neither his assignee in insolvency nor a receiver duly appointed shall be entitled to, or have any claim on, such 'share or interest.
17. (1) On the death of a member, a regis- transferof tered society may transfer the share or interest of interest on death of
the deceased member to the person nominated in member. accordance with the rules made in this behalf, or, if there is no person so nomin:aed, to such persons as may appear to the committee to be legally entitled thereto, or mty pay to such nominee or legally entitled person, as the case may be, a sum representing the value of such member's share or interest, as ascertained in accordance with the rules or bylaws:
Provided that:(a) in the case of a society with unlimited
liability such nominee or legally entitled person, as the case may be, may
ANrTIGUA. 8 Co-operative Societies. No. of 1958.
require payment .by the society of the value of the share or interest of the deceased member ascertained as aforesaid;
(b) in the case of a society with limited liability, the society may transfer the share or interest of the deceased member to such nominee or legally entitled person, as the case may be, being qualified in accordance with the rules and by-laws for membership of the society, or on his application within six months of the death of the deceased member to any person specified in the application who is so qualified.
(2) A registered society shall pay all other
moneys due to the deceased member from the?:
society to such nominee or legally entitled person,
as the case may be.
(3) All transfers and payments made by a
registered society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other
Deposits by 18. (1) A registered society may receive deor on behalf posits from or for the benefit of minors and it shall of minors.I
be lawful for a registered society to pay such minors the interest which may become due on such deposits. Any deposits made by a minor may, together with the interest accrued thereon, he paid to that minor; and any deposit made on behalf of a minor may, together with the interest accrued thereon, be paid to the guardian of that minor for
the use of the minor.
(2) The receipt of any minor or guardian for
money paid to him under this section shall be a sufficient discharge of the liability of the society in
respect of that money.
Rpgioterof 19. Any register or list of members kel)pt
Members, by any registered society shall be prima ie
evidence of any of the following particulars entered
therein:(a) the date at which the name of any person was entered in such regis tr or list as a memtuberi
Qo. of 1958. Co-operative Societies 9 ANTiGU.
(b) the date at which any such person
ceased to be a member.
20. (1) A copy of any entry in a book of a rroof of registered society regularly kept in the course of entries in business shall, if certified ]n such manner as may society. be prescribed by the rules, be received in any legal proceeding, civil or criminal, as prima wacie
evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible.
(2) No officerof any such society shall, in any legalproceedings to which the society is not a party, be compelled to produce any of the societyN's
books, the contents of which can be proved under subsection (1) of this section or to appear as a witness to prove any matters, transactions or accounts therein recorded, unless the Court for special reasons so directs.
PART IV-RIGITS AND LiABILITIES OF MEMBERS.
21. In order to be qualified for membership Qualifienation obf a co-operative society a person, other than a emer:
registered society, must (a) have attained the age of 17 years; (b) be resident within or in occupation of land within .the society's area of operations as described by the by-laws.
22. No member oc a registered society shall Members not exercise the rights of a member unless or until ho tOghtill has made such payment to the society in respect of duep tyment membership or acquired such interest in the society, mda. as may be prescribed by the rules or by-laws.
23. Except with the sanction of the legis- Restriction trar, no person shall be a member of more than of memberI ship irk
one registered society whose primary object is to society. grant loans to its members.
24. No member of any registered society Votes of shall have more than one vote in the conduct of member, the affairs of the society: Provided that in the Case of an equality of votes the Chairman shall
AmTIfGUA. 10 Co-operative Societies. .No. oP f 1 08.
have a casting vote: Provided further that in the case of societies of which a registered society v is a member that society may have such voting powers
as are provided in the rules.
Representa- 25. A registered society which is a member
tion by of any other registered society may appoint any
proxy. one of its members as its proxy for the purpose of
voting in the conduct of the affairs of such other
contracts 26. The minority or nonage of any person
with society duly admitted as a member of any registered society of members I I
who are shall not debar that person from executing any
minor. instrument or giving any acquittance necessary to
be executed or given under this Ordinance or the rules made theremunder, and shall not be a ground for invalidating or avoiding any contract entered into by any such person with the society; and any such contract entered into by any such person with the society, whether as principal or as surety, shall be enforceable at law or against such person notwithstanding his minority or nonage.
No individual 27. No member, other than a registered toholdmore society, shall hold more than one-fifth of the share than one-fifth .
of share capital of any co-operative society. capital of any
Restrictions 28. (1) The transfer or charge of the share
on transfer or interest of a member or past member or deceased of share or
interest. member in the capital of a registered society shall
be subject to such conditions as to maximum holding as may be prescribed by this Ordinance or by
(2) In the case of a society registered with
unlimited liability, a member shall not transfer any share held by him Or his interest in the capital of
the society or any part thereof, unless(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society, or to a member of the society, or to a person whose applicatioi for memnibership has been accepted by the committee.
No. of 1958. Co-operative Societies. 11 ANTitdA.
29. (1) The liability of a past member for Liabilityof the debts of a registered society as they existed on pnstmember and estate of
the date on which he cea-ed to be a member shall deceased not continue for a period of more than two years member for debts of
reckoned from that date. society.
(2) ..The estate of a deceased member shall not be liable for the debts of the society as they existed on the d(late of his decease for a period of more than two years reckoned from the date of his decease.
PART V-PROPERTY AND FUNDS
OF REGISTERED SOCIETIES.
30. (1) A registered society shall not, ex- Loans made cept as provided in section 33, make any loan to any
person other than a member:
Provided that, with the consent of the RIegistrar, a registered society may make loans to another registered society.
(2) Except with the permission of the Registrar, a registered society shall not lend money on the security of any movable property other than produce or goo s ii which the society is authorised to deal.
(3) The Governor in Council may, by general or special ,rder, prohibit or restrict the lending of money on mortgage of any description of immovable property by any registered society.
81. A registered society shall receive Deposits
deposits and kmans from persons who are not mern- and loans received by
bers only to such extent and under such conditions registered as may be prescribed by the rules or by-laws, society.
32. Save as provided in sections 30 and '1, Restrictions the transactions of a registered society with persons on o her.
other than members shall be subject to suzch proh- with nonbitions and restrictions as may be prescribed by the members, rules.
338. A registered society may invest or Investment deposit its funds- or fnds.
(a) in the Government Savings Bank, or
with any bank or person carrying on the business of banking approved for this purpose by the Registrar; or
ANTIGUA. 12 Co-operatice Societies. No. of 1958.
(b) in any securities issued or guaranteed by a Government under the British Crown; or
(c) with any other registered society approved for this purpose by the Registrar; or
(d) in any other mode approved by the Registrar.
Disposalof 34. (1) At least one-fourth of the net profprofits. its of every registered society, as ascertained by
the audit prescribed by section 35, shall be carried to a fund to be called the reserved fund, which shall be employed as prescribed by the rules. The remainder of such profits and any profits of past years available for distribution may be divided among the members by way of dividend or bonus, or allocated to any funds constituted by the society, to such extent or under such conditions as may be
prescribed by the rules or by-laws:
Provided that in the case of a society with unlimited liability, no distribution of profits shall be made without the general or special order of the
Governor in Council.
(2) Any registered society may, with the
sanction of the Registrar, after one-fourth of the net profits inany year has been carried to a reserve fund, contribute an amount not exceeding ten per centum of the remaining net profits to any charitable purpose or to a common-good fund.
PART VI- AuDIT, INSPECTION AND INQUIRY.
Audit. 35. (1) Tle Pg(istrn'r shall audit or cause
to be au(dited by some person authorised by him by generd or special order in writing the accounts of every registered society once at least in every year.
(2) The audit tnder subsection (1) of this
section shall include an examination of overdue debts, if any, ard a valuation of the assets and
liabilities of the registered society,
No. of 1958. Co operaTe S,'ielieg. 13 ANTIG
. (3) The Re,- istrar and every other person appointed to audit the accounts of a society shall have power when necessary:(a) to summon at the time of his audit
any officer, agent, servant or member of the society who he has reason to believe can give material information in regard to any transactions of the society or the management of its
(b) to require the production of any book
or document relating to the affairs of, or any cash or securities belonging to, the society by the officer, agent, servant or member in possession of such book, document, cash or securities.
36. The Registrar, or any person authorised Power of by. general or special order in writing by the Regis- Registrar to trar shall at all times have access to all the books, societies
* accounts, papers and securities of a registered books, etc. society, and shall be entitled to inspect the cash in hand; and every officer of the society shall furnish such information in regard to the transactions and working of the society as the person making such inspection may require.
87. (1) The Registrar may of his own Inquiry and
motion, and shall on the application of a majority inspection. of the Committee, or of not less than one-third of the members of a registered society, hold an inquiry or direct some person authorised by him by" order in" writing in this behalf to hold an inquiry into the constitution, working, and financial condition of a registered society; and all officers and members of the society shall furnish such iiformation in regard to the affairs of the society and
-produce the cash in hand and such books, accounts, papers and securities of the society ats the Registrar or the person authorised by him may require.
(2) The Registrfr shall, on the application of a creditor of the registered society, inspect or direct sovae person authorised by him in writing in this
ANTIGUA, 14 Co-operative .Soeiees. lo of 158
behalf t) inspect thle bo')k of the society, if the
applicant:(a) proves that an ascertained sum of money is then dIne to him and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and
(b) deposits with the Registrar such sum as security for the costs of the pro. posed inspection as the Registrar may require.
(3) The Registrar shall communicate the
results of any such inspection to the creditor and to the society into whose affairs inquiry has been
(4) Where an inquiry is held under subsection
(1) of this section or an inspection is made under subsection (2) of this section, the Registrar may apportion the costs or such part of the costs, as he may think right, Letween the registered society, the members demanding an inquiry, the officers or former officers of the society, and the creditor, if
any, on whose application the inquiry was made.
(5) Any sum awarded by way of costs against
any society or person under this section may be recovered, on application to a Magistrate's Court having jurisdiction in the place where the registered office of the society is situated or the person resides or carries on business for the time being, in like
manner as a fine imposed by the Court.
Dissolution. 38. (1) If the Registrar after holding an
inquiry or making an inspection under section 37 or on receipt of an application made by three-fourths of the members of a registered society, is of opinion that the society ought to be dissolved, he may make an order for the cancellation of the registration of the society.
(2) Any member of a registered society may,
within two months from the date of an order under subsection (1) of this section, appeal from such
order to the Governor in Council.
No. of, 195S. ooperative Seeoieties. 15 ANTIGvA.
(3) Where no appeal is presented within two months from the making of an order cancelling the registration of a society, the order shall take effect on the expiry of that period. Where an appeal is presented within two months, the order shall not take effect until it is confirmed.
(4) Where the Registrar makes an order for the cancellation of the registration of a society under subsection (1) of this section he may make such further order as he may think fit for the custody of the books and documents and the protection of the assets of the society until the order cancelling registration takes effect.
(5) No registered society shall be wound up save by an order of the Registrar.
89. The Registrar may, by order in writing, Cancellation cancel the registration of any registered society fistraI tration ofa
other than a society which includes among its mem- society due bers one or more registered societies, if at anyv time to lackof Membership.
it is proved to his satisfaction that the number of the members has been reduced to less than ten.
Every huch order shall take effect from the date thereof.
40. Where the registration of a society is Effect of
cancelled by an order under section 38 or under cancelation of registrasection 39 the society shall cease to exist as a corpo- tion. rate body from the date on which the order takes effect, hereinafter refered to as the date of dissolution:
Provided that any privileges conferred on the society by or under sections 14, 15, 16, and 17 shall be deemed to be vested in any liquidator appointed for that society by the Registrar.
41. Where the registration of a society is Liquidation cancelled under section 38 or section 39 the Regis- ftercacel,,S r sctio 3. theI~eis-lation of trar may appoint one or more persons to be, subject registration to his direction and control, the liquidator or liqui- of society. dators of the society.
ANTIGUA. 1 Cooperative Societer: No. ot 1958
Liquidator's 42. (1) A lquidator appointed undeK,
powers, section 41 shall, subject to the guidance and control
of the Registrar and to any limitations imposed by the Registrar by order under section 43, have power
(a) determine from time to time the contribution to be made by members and past members and by the estates of deceased merm.
bers of the society respectively to its assets;
(b) appoint a day by notice before which creditors whose claims are not already recorded in the books of the society shall state their claims for admission or be excluded from any distribution made before they have proved
(c) decide any question of priority which" arises between creditors;
(d) refer disputes to arbitration and institute and defend suits and other legal proceed.
ings on behalf of the society by his name or
(e) decide by what persons and in what proportions the costs of liquidation are to be
(f) give such directions in regard to the, collection and distribution of assets as may be necessary in the course of winding up the
(g) compromise any claim by or against the society provided the sanction of the Registrar has first been obtained;
(h) call such general meetings of memhers as may be necessary for the proper conduct of the liquidation;
(i) take possession of the books, documents and assets of the society;
(j) sell the property of the society;
(k) carry on the business of the society-so far as may be necessary for winding it up beneficially: Provided that nothing herein.
contained shall' entitle the liquidator of a credit
society to issue any loan; and
No of 1958. Co.operatve Sodeti ,. 17 AmtxGA
() arrange for the distribution of the
assets of the society in a convenient manner when a scheme of distribution has been approved by the Registrar.
(2) Subject to such rules as may be made in this behalf, any liquidator appointed under this Ordinance shall in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the same means and (so far as may be) in the manner as is provided in the case of a Civil Court.
48. A liquidator shall exercise his powers Power of subject to the control and revision of the Registrar, Re tr arto
who may:-- liquidation.
(a) rescind or vary any order made by a
liquidator and make whatever new, order is
(b) remove a liquidator from office;
(c) call for all books, documents and
assets of the society,
(d) by order in writing limit the powers
of a liquidator under section 42;
(e) require accounts to be rendered to him
by the liquidator;
(/) procure the auditing of the liquidator's accounts and authorise the distribution of
tle as ets of the society;
(q) make an order for the remuneration
of the liquidator; or
(h) refer any subject of dispute between
a liquidator and any third party to arbitration if that party shall have (consented in writing to be bound by the decision of the arbitrator.
44. (1) The decision of an arbitrator on any Enforcement matter refered to him under section 43 shall be of order. binding upon the parties, and shall be enforceable in like manner as an order made by the Registrar under that section.
ANTIGUA. 18 o.operative Societies. Io. oC 19ti0.8
(2) An order made by a liquidator or by the
Registrar under section 42 or section 43 shall be enforced by any civil court having jurisdiction overthe place where the registered office of the society is situated in like manner as a decree of that court.
Limitation 45. Save in so far as is hereinbefore expressof the juris- ly provided, no civil court shall have any jurisdicdiction of
the civil tion in respect of any matter concerned with the court. dissolution of a registered society under this Ordinance.
Closure of 46. (1) In the liquidation of a society Whose
liquidation, registration has been cancelled, the funds, including
the reserve fund shall be applied first to the costs of liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital and then, provided the by-laws of the society permit, to the payment of a dividend at a rate not exceeding ten per centum per annum for any period for which no disposal of profits was
(2) When the liquidation of a society has been
closed and any creditor of that society has not claimed or received what is due to him under the scheme of distribution, notice of the closing of the liquidation shall be published in the Gazette; and, all claims against the funds of the society liquidated shall be prescribed when two years have elapsed from the date of the publication of the GazetW
(3) Any surplus remaining after the application of the funds to the purposes specified in subsection (1) of this section and the payment of any claims for which an action is instituted under suibsection (2) of this section shall be available for use by the Registrar for any co-operative purpose at
PART VIII-SURCHARGE AND ATTACHMENT.
Power of 47. (1) Where, in the course of the winding
Registrar up of a registered society it appears that any person to surcharge
ofurs, etc., who has taken part in the organisation or mnanageof a regis- inent of ,uch society or any past or present officer tered socieiy.
tred sey. of the society has misapplied or retained or become
liable or accountable for any money or property of such society or has been guilty of misfeasance or
No. of 1958. Co-operative Societies. 19 ANTIGUA,
breach of trust in relation to such society, the Registrar way, on the application of the liquidator or of any creditor or contributory, examine into the con."duct of such person and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of such society by way of compensation in regard to the misapplication, retainer, dishonesty or,breach of trust as the Registrar thinks just.
(2) This section shall apply notwithstanding thit the act is one for which the offender may be crimially, responsible.
48, Any person aggrieved by any order of Appeal to
th~~~ t, ~he Governor the Registrar made under section 47 ma'y appeal ien council. to th Governor in Council within twenty-one days from the date of such order and the decision of the GoVbitnor in Council shall be final and conclusive.
49. (1) If any dispute touching the settlement
business of a registered society arises:- of disputes,
(a) among members, past members and
persons claiming through members, past
members and deceased members; or
(b) between a member, past member, or
person claiming through a member, past member or deceased member, and the society, its committee, or any officer of the society; or
(c) between the society or its committee
and any officer of the society; or
(d) between the society and any other
S registered society,
such-dispute shall be referred to the Registrar for deoisi6n.
S A claim by a registered society for any debt or demand due to it from a member, past member or the nominee, legal representative or other person Staking hold of the assets of a deceased member, shill be deemed to be a dispute touching the business of the society within the meaning of this ubsection.
ANTIGUA. 20 (o-operaJe &Societies. No. of 1958.
(2) The IRegistrar may, on receipt of a reference under subsection (1) of this section:(a) decide the dispute himself; or
(b) refer it for disposal to an arbitrator or arbitrators.
(3) Any party aggrieved by the award of the
arbitrator or arbitrators may appeal therefrom to the Registrar within such period and in such
manner as may be prescribed.
(4) A decision of the Registrar under subsection (2) of this section or an appeal under subsection (3) of this section shall be final and
shall not be called in question in :ny civil court.
(5) The award of the arbitrator or arbitrators
under subsection (2) of this section shall, if no appeal is preferred to the Registrar under subsection (3) thereof, or if any such appeal is abandoned or withdrawn, be final and shall not be called in question in any civil court and shall be enforced in the same manner as if the award had been a
judgment of a civil court.
Cae stated 50. (1) Notwithstanding anything contained
on question in the last foregoing section, the Registrar at any of law.6
oaw. time when proceeding to a decision under this
Ordinance, or the (overnor in Council at a ny tunime when an appeal has been preferred to him against any decision of the Registrar under this Ordinance, may refer any question of law arising out of such
decision for the opinion of the Supreme Court.
(2) Any judge, or judges of the Supreme
Court as the Chief Justice may direct, may
consider and determine any question of law so referred and the opinion given on such question
shall be final and conclusive.
RuIes. 51. (1) The G(overnor in Council maiy mnke
all such rules as may be necessary for the purpose of carrying out or giving effect to the principles
and provisions of thi Ordinance.
No. of 1958. Co-operative Societies. 21 ANTi iA.
(2) In particular and without prejudice to the generality of the power conferred by subsection
(1) of this section, such rules may:(a) prescribe the forms to be used and
the conditions to be complied with in applying for the registration of a society and the procedure in the matter of such applications;
(b) prescribe the conditions to be cormplied with by persons applying for admission or admitted as members, and provide for the election and admission of members from time to time, and the payment to be made and interest to be acquired before exercising rights
(c) subject to the provisions of section
27, prescribe the maximum number of shares or portion of the capital of a registered society
which may be held by a member;
(d) prescribe the extent to which a registered society may limit the number of its
(e) provide for the withdrawal and
expulsion of members and for the payments to be made to members who withdraw or atire expelled, and for the liabilities of past
(f) provide for general meetings of the
members and for the procedure at such meetings and the powers to be exercised by such
(q) provide for the appointment, suspension and removal of the members of the comminitee and other officers and for the procedure at meetings of the committee, and for the powers to be exercised and t)he duties to be performed by the committee and other
(h) prescribe the matters in respect of
which a society may or shall make by-laws and for the procedure to be followed in making, altering and rescinding by-laws, and the conditions to be satisfied prior to such
making, alteration or rescissioni;
ANTiGOuA. 22 Co-operative Societies. 1o. of 1 9.'
(i) regulate the manner in which fund may be raised by means of shares or debentures or otherwise;
(j) prescribe the conditions to be observed by a registered society applying for
financial assistance from Government;
(k) prescribe the payments to be made, the conditions to be complied with, and the forms of the bonds, instruments or other documents to be executed, by members appilying for loans or cash credits, the period for which loans may be made or credits granted, and the maximum amount which may be lint and the maximum credit which may be
allowed to individual members with or with,.
out the consent of the Registrar;
(1) provide for the mode in which the value of a deceased member's interest shall be"
ascertained, and for the nomination of a person to whom such interest may be paid or
(m) provide for the mode in which the value of the interest of a member who .has become of unsound mind and incapable of managing himself or his affairs shall be ascer-'"
tained and for the nomination of any person to whom such interest may be paid or transferred;
(n) provide for the formation and the maintenance of reserve funds, and the objects to which such funds may be applied, and for the investment of any funds under the control
of any registered society;
(o) prescribe the conditions under which profits may be distributed to the members of a society with unlimited liability and jhe maximum rate of dividend which may be
paid by societies;
(p) prescribe the accounts and booksio be kept by a registered society, and for the periodical publication of a balance sheet showing the assets and liabilities of a registered
.od of 1958. 6Cooperative SeCiee. 3 ANTIMtA.
(q) provide for the audit of the accounts
.of registered societies and for the charges, if any, to be made for such audit and provide for the levy contributions from all or any registered societies to a fund to be used for the audit and supervision of existing societies and co-operative propaganda and prescribe for
the administration of such a fund;
(r) prescribe the returns to be submitted
by registered societies to the registrar, and the persons by whom and the form in which the
same are to be made;
(s) provide for the persons by whom,
and the form in which, copies of entries in books of registered societies may be certified;
(t) provide for the formation and maintenance of a register of members, and, where the liability of members is limited by shares,
of a register of shares;
(u) provide for the inspection of documents and registers at the Registrar's Office and the fees to be paid therefor and for the issue
of copies of such documents or registers;
(v) prescribe the manner in which any
-question as to the breach of aiy by-law or contract relating to the disposal of produce to or through a society, may be determined, and the manner in which the liquidated damages for any such breach may be ascertained or
* (w) prescribe the mode of appointing an
- "arbitrator or arbitrators and the procedure to be followed in proceedings before the Registrar
or such arbitrator or arbitrators;
(x) prescribe the procedure to be followed
by a liquidator appointed under section 41.
and the cases in which appeals shall lie from
-the orders of such liquidator;
(y) prescribe the forms to be used, the
fees to be paid, the procedure to be observed and all other matters connected with or inci(ental to the presentation, hearing and disposal of appeals under this Ordinance or
AjTiouc 24 Oo-operaive Societies. No, of 190M
Recovery of 52. (I) All sums due from a registered
sums due to society or from an officer or member or past Government,.
member of a registered society as such to the
Government may be recovered in the manner pro.
vided for the recovery of debts due to the Government under the law for the time being in force.
(2) Sums due from a registered society to the
Government and recoverable under section (1) of this section may be recovered first, from the
property of the society; secondly, in the case of a society of which the liability of members is limited, from the members subject to the limit of their liability; and thirdly, in the case of other societies
from the members.
Special powers 53. Notwithstanding anything contained in of Governor in this Ordinance the Governor in Council may by Council to
oemptny special order in each case and subject to such
society from conditions as he may impose, exempt any society requirements
"to remiu-n from any sof requirements of this Ordinance as to tion. registration.
Special power 54. The Governor in Council may by
of overnor in general or special order exempt any registered Council to exenpt societies society or class of societies from any of the provifrom provi- sions of this Ordinance, or may direct that such sions of
Ordinance. provisions shall apply to any society or class of
societies with effect from such date or with suct
modifications as may be specified in the order.
Power to 55. (1) The Governor in Council by notifiexempt from cation in the Gazette may, in the case of any stamp dnty
and reistra- registered society or class of registered societies, tion fees, remit:(a) the stamp duty with which, under any law for the time being in force, instruments executed by or in behalf of a registered society, or by an officer or member, and relating to the business of such society, or any class of such instruments are respectively
(b) any fee payable under the law of registration for the time being in force.
Xo, of 1958 Cooperative S,eieties,. 25 ANTatTIA.
(2) A ovt tii(-tAion eyempting au registered society from the fees referred to in paragraph (b) of subsection (t) of this section may provide for the withdrawal of such exemption
S6. (1) No person other than a registered Probibitlon of
the use of tilt"
society shall trade or carry on business under any "oid '"o name or title of which the word co-operative is operativee part without the sanction of the Governor in Council: Provided that nothing in this section shall aI)ppy to the use by any person or his successor in interest of any name or title under which he traded or carried on business atthe commencement of this Ordinance,
(2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-four dollars, and in the case of a continuing offence to a further fine not exceeding four dollars and eighty cents for each day during which the offence continues.
67. (1) (a) Any registered society or an Penalty for officer or a member thereof, wilfully neglecting or non-complirefusing to do any act or to furnish any informa- Ordinance. tion required for the purposes of this Ordinance by the Registrar or other person duly authorised by him in this behalf; or
(b) any person wilfully or without any reasonable excuse disobeying any summons, requisition or lawfil written order issued under the provisions of this Ordinance, or failing to furnish any information lawfully required from him by a person authorised to do so under the provisions of this Ordinance,
shall be guilty of an offence under this Ordinance.
(2) Every offence referred to in subsection
(1) of this section shall on summary conviction be punishable with a fine not exceeding two hundred and forty dollars.
58. If any person obtains possession by Punishment false representation or imposition of any property o"Ppropria of a registered society, or having the same in his tion. possession withholds or misapplies the same, or
.NTIGUA. 26 Co-operatice Societies. No. of 19'8;
wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society, and authorised by this Ordinance, he shall, on the complaint of the society, or of any member authorised by the society, or the committee thereof, or of the Registrar, be liable on summary conviction to a fine not exceeding two hundred and forty dollars, and to be ordered to deliver up all such property or to repay all moneys applied improperly, and, in default of such delivery or repaymnt or of the payment of suLch line, to he imprisoi ed for a term not exceeding six months; but nothing in this section shall prevent any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under this
comnence- 59. This Ordinance shall come into operament. tion on such date as the Governor by proclamation
published in the Gazette shall appoint.
Passed the Legislative Council this day
Clerk of the Council.
X4o. of 1958. Co-operative Societies. 27 ANTIGtA.
OBJECTS AND REASONS
The object of this Bill is to provide for the formation and to regulate the operations of co-operative societies in the
2. The Bill is based upon the model prepared for adoption, in the Colonies. The said model is based largely on the co-operative Ordinances already in force in certain colonial territories and is an attempt to combine the best features of those Ordinances which are already in operation with certain amendments which have suggested themselves in the light of experience.
W. E. JACOBS,
Attorney General's Chambers'
30th October, 1957.
Printed at the Government Printing, Office,. Antigu, Leeward Islands,
by EARI1L Pi~orT, Acting Government Printer.-By Authority.
A. 47/196-330-3.58. [Price 30 cents.1
N6. of 1958. Beach Control. ANTIGUA.
No. of 1958.
An Ordinance relating to the floor ol the sea and to the
* foreshore and beaches of the Colony, and making :-provisions for the purpose of controlling the use of the floor of the sea and of the foreshore and beaches of the Colony in the interest of the public; and for purposes incidental to or connected with the matters
[BY PROCLAMATION] Commenoment.
ENACTED by the Legislature of the Colony of Antigua.
1., This Ordinance may be cited as the Beach Con- Short titln trol Ordinance, 1958.
*2. In this Ordinance, unless the context otherwise Interpretare~uistion.
"adjoining land" means lands adjoining the foreshore of the Colony and extending not more than fifty yards beyond the landward limit of
" commercial enterprise" includes(a) the business of carrying on a hotel or a proprietary club; and
ANTIG-1A. 2 B~each Control, No. of 19,58.
(b) the action, construction or inainteniance of any dlook, wharf, pier, jetty-or other form of encroachmnt-,
the floor of the sea mesans the soil and] Subsoil of the sea off the coast of the Colony between low water mark and so far out to sea as is deemed by international law to be within the territorial sovereignty of thle ('own:
"fisinig "' indnd''s wurposes incident to fishing;
"the public includes aiy class of the public.
Foreehoi'e and 3. Subject to Ithe provisions of Section J1O of this floor of th Ordinance, all rights in and over the fo1rshore of the sea deolare. d t0 Colony and the door of tho sea are hereby declared to be be wested in
the Crown. Vested iii the Clrown.a
Prohibition 4.(1.) Froin an.d affe- thb comotencenic-t of this
of use of thou Ordinal cic., no person)" situJ em ceoaeilH Oi ()I 11 1. Or permit foreshore, th-e
floor ot the. se anly enecroaclll ii 1I 01 or, ue or, tle lon esb o. or the floor Without a of the sea. for anyr puli, ptirpose or for or if) connection licence. with any trade, busiiSS, or' CODtIefroial enterprise, (-xcept
as provided b-y seetion 101 of this Ordinanice, without a
licence granted under this Ordinance.
(2) Any parson who contravenes the provisions of subsection (1) of this section shall be liable on, stn mary conviction before a MNagistrate to iniprisonmeut, with or without havrd labouw' for a termi 11ot excee!ding twelve months, or to a fine f or eac~i day during- wich thuo contravention. continues not exceeding fiftyv dollars for each such dlay and. in default of payment of anY such fine to imprisonment with or wvithiout hard labour for a term not exceeding thref, months, or to b)0th such imprisonment and
(3) Where~ a company is guilty of a contravention of the provisions of subsection (1) of this section, every director, manager, agent and officer of the company in the Colony who is knowingly a party to the contravention, alhall be liable to the penalty prescribed by subsection (2)
of this section.
Govenor in 6. (1) The Governor in Council mnay, oni applicationi
C(oneul to mado in such niannor as may be prescribed under section rant lie(-neos 'I o f thiis Ordinance, grnlincsf teueothfre for ii~o of rn iecsfj h s f(i oe
fonj.on sbohn, o1 the floor of the sea, for any puldIic Ptirpose, oal
flior o' the' for or iii connection Nvith any trade, baisiness, or comanevn sea--Oia-~ cial enterprise to any persoin. upon such conditions and int thi Oefi -rn UI Suchl form as hie may think ft
(2) Where anl application is niade f or a lience uiiolor zublsecutiomi (1) of this -ectioti, the GlovernOr jin Couiiei I shall coitsudei' what public interests in regard to fishing, batbing or reorettioi or in) regard to any frlture develop.
0, 40f iconkiLYare1. A NTIGTJA.
ment of the land adjoining- that pliA of the-. forrshoro in respect of which the application is ma V, reqiiire to lx' protected, and hie may provide for the protection of such biterests by anid in the terms (4 the licenco or otberiis in accordance with the provisions of this Ordinance,
(3) Every grant or refilsol of a licence hx' the Governor in Council glhadl he published in the Gaz. ette,
(4) The 'lecision of the Governor in Council as to whether srich ]icenc-e should Ibi granted or refused sh~tdl be final and shall Tnt bo questioned inl an v lepal proceeding,
6. The( Governor in Council shall from time to tirne Govornor ini determine the needs andl req uiretlfl9 sOf' the- poblie ill Colioejl to relation to I h, fio soret vlid idoingw the foresho and ~ e~Ifl the use of the frshr itself for or in c nnetio ii lvi f~ or 11 bathing or ao x ot her form of lawfifl roeation, or tow ti- a I of thc, purpose of. fishing us ai trade ot, otherwise or for ao other i1 I-it purpose in the interest, of tlie econoii devehopnelt td*0 the Colon y alnid o f the beache tIoreof and shll have the power to acquirme il t he tia100 of the. Cr;owo, for, the use of thle public any pordJon of Lind1 adjoining( thi' foreshore or uov right or int,!revt of any nm1 are or description in or ov ,r such lamd, an4- such pow-ri of a'cuisitionl shall be exercisedl in accordance with thie pt'ovieions of section 8 of this Ordinance,
7, (1) Snbject to ilie provisions of this section, the Power to ac Governor in Council may, if lie thinks fit, by agreement q9fra land for with the person entitled to dispose of any land, or conipal deilt sorilv in accordance with the provisions of Section 8 of this Ordlinanice, acquire in the wnm of tho Crown suich land or such right or interest in land for the use- or henlefit, of the public onl a year to year basis for an indefinite period.
(2) The consideration or compensation payable in respect of tho' acquisition of nv-v land or any right or interest inl land under sunbsectioni (1) of this section shall be an annual rent charge pjyale y early in advance.
(3) When, any righlt in or over land is acquired by the Governor in CouncilI on a year to year basis for anl inldefinite. period(a) tha Governor in Council may terminate such
right on one year's 4loticec in writing to the
owner of the land subject to the right;
(b) the owner of the hand subject to the right or
his nominee ma.' a,-t an v time apply to the Governor in Council for a licence to use that part of the foreshoro and floor of the sea which suchi land adjoins, and the Governor in Council shall consider the application and
A TIGUA.' 4 eah ontot No. of 198.
may grant or refuse such licence; and, upon the grant of any such licence the rights, of the Crown or of any person exercising any rights under the Crown in or over such land, shall cease and determine save to the extent" that such rights may be expressly reserved in and by the terms of the licence,
Procedure for 8. Where under sections 6 or 7 of this Ordinanice
compulsory power is conferred on the Governor in Council to acquire :Lcquisitiou of
land. compulsorily any land or any right or interest in or over
land the power shall be exercisable for the acquisitionbf f any particular land or any particular right or interest in, land in accordance with the procedure for the compulsory acquisition of land under the Land Acquisition OrAdinance, 1958 with such modifications as may be necessAry or proper to adapt the same to the requirements of this
Power to 9. The Governor in Council may make regulations
make regula- generally for the proper carrying out of the purposes aTd tionsl.
tion. provisions of this Ordinance and in particular but without
prejudice to the generality of the foregoing may make
regnulations(a) with respect to the form and manner of application for licences to be granted underthis Ordinance, the fees to be paid in respect of such licences, and the grant or refusal ofo such licences;
(b) providing for the registration of all persons licensed under section 5 of this Ordinance and for thed manner and method of registra. tion and the particulars to be registered;
(c) for securing the observance of sanitary and, cleanly conditions and practices at and in respect of parts of the foreshore and adjoining lands and parts of the sea to wioh members of the public habitually resort:
(d) providing for the prevention of danger, obstruction or annoyance to members of the public using any part of the foreshore or adjoining land;
(e) for the preservation of order and good conduct among members of the public using the foreshore or adjoining land; and
(f) for controlling the erection or placing on any beach or adjoining land to which the public habitually resort of bath-houses or huts, booths, tents, sheds, stands and stalls (whether fixed or moveable).
No, of 1958. Beach Control. 3 ArTIOet
10. Nothing in this Ordinance contained ,shall be 8sving. dee ed to affect-(a) any land used for agriculture;
(b) any rights enjoyed by any person, where
such rights existed immediately before the commencement of this Ordinance, in or over the St. John's harbour or in or over any adjoining land in the Colony.
(c) any rights enjoyed by fishermen engaged in
fishing as a trade, where such rights existed
S immediately before the commencement of
this Ordinance, in or over any beach or adjoining land; or
(d) the enjoyment by such fishermen of the use
V of any part of the foreshore adjoining any
beach or land in or over which any rights have been enjoyed by them up to the cornmencemnent of this Ordinance.
1. This Ordinance shall come into operation on a Commencedayto be appointed by the Governor by proclamation ment, 'published in the Gazette.
Passed the Legislative Council this day of
Clerk of the Council.
Beach Conlrol, Xo. of198 tItA
011JECT ANT) RRAROYIR
This Bill seeks to make proN isions which are deemed necessary, re. latino. to th;- floor ef the -sea and the foreshore and beaches of the Colony as well as to lauid adjoinin the 'oieshore and exteniding not more than fifty yards beyondJ the landward limit of the_ foreshore.
2. (a) Clause 3 sceks to declare that all riglitA inl and over the foreshore of the Colony, and the floor oif the sea are vestedl in the Crown.
(b) Clauso 4 see-ks to impose a prohibition upon the use of the foeloeor the tier of the sea for any public plri-os or for or in con10 wi tiv~IX trid blnsji e'is. or (oluikercial elt( rprisp wit kent a lY n:2r,) h\t Brllor inl (>ulwii: thfe io Ga h1--Iitor of thle e-:clre'sioii -cowuleroial eterprise "' inl clause 2.
(e) Clanso 5 .-;f I s to give alli horitv to the Governor iii Council to qrein* lieni-s nuder ihe provisions oif thleBill andl to prescibe the action whiol ho shallI take when applications are made for licenced.
(d') Clalus-ts (1) 7 and 8 give the.Gov'ernor inCouncil power to acjfire land, or anyv rih.~hs inl or ove~r land, adjoining the fort-Shore.(e) Claiuse 9 seek~s to give the Governor in Council power to make such r'laion s aro deemed necessary for the, proper carrying ouit of
the provisions of the Ordinancee and c lause 10 seeks to wiike important prov~isis relating, to savings of existing rights.
0 A. Coiinlia'ativc. Table is attached.
F. 0. C. HARRs,
AeHing Attorney general.
Attorneyi (&cnerai's Chambers,
61A Febriiary. 1958.
ANTIGUA. No. of 1958. Beach Cont-rol. 7
The Beach Control Ordinance, 1958.
Clause. Source. Comment.
1 Short title
2 The Beach C'ontrol La~v, 1955 Only dtfinitions, deemned
(Jamaica. No. 63-1955), necessary have been
Section 2 included and those
have been adapted to meet local requiremient,,.
3 id. Section 3 (1) Verbally amended.
4 id. Section a5 skn) section (1) a1dapted,
and saboections (2) an.i
(3) verbhally amei de6,
5(1), (2) it]. Section 1 0-(1), Q2 v(3) Subs.evtion (1) a ziptecl and (3) anm] lbsections (.2) and
(3) verbal ly amei ided.
5(4) New subsectioni
6 The Beachj Control Law,'1953
(Jamaica No. 63-4-9.55),
Section I1I Verhalik' ere
7 i(L Sectio-n I~ VerballY ajjended.
8 New Section
9 The Beach Control Law. 19,55
(JmiaNo. 63-1955), section 18 Adapten.
10 id, Secetion 3-43): Verbally amen~ded.
paragraphs (a) and (b) are
Printed. at the 0ovenuncat Printing 0tilce, Aniinoa, war nf~
by LAAd. PlIC4OTT. Acting Giovernmecnt, Printer.-ByA tmi.
- *-3.S, .l-ice.l0 cent&.
STATUTORY RULES AND 0( 1
1958, No. 15.
The Stamps (Federation of the West Indies omm ation) Order, 1958, dated March 24, 1958, y the Governor in Council under sections 4 and 5 of the Stamp
Act (Cap. 135).
1. CITATION. This Order may be cited as tho Stamps (Federation
of the West Indies) (Commemoration) Order, 1958.
2. INTERPRETATION. In this Order the expression stamps"
means adhesive stamps ;or postage and revenue.
3. SPECIlAL STAMPS. There shall be issued in the Colony andl
used during the period from the 22nd day of April, 1958, to the 21 st day of April, 1959, or until stocks are exhaust-d, whichever d(late is the earlier, to commemorate the Federation of the West Indies, special stamps of the values of o., 6c. and 12c. in the design specified hi the
4. DIES AND RECSIDUES. The several dies and other implements
required to give effect thereto shall be provided, and the same shall be destroyed, together with all residues whatsoever of stocks of the stamps hereby authorised, as soon as practicable after the 21st day of April, 1959.
Made by the Governor in Council this 24th day of March, 1958.
F. A. CLARKE,
('lerk of the Council.
The design of the stamps hereby authorised features a map of the
West Indies anda reproduction of a portrait of Her Majesty the Queen.
The name of the Colony and THE WeST INDIES FEDERATION
1958 are also inscribed thereon.
Printed at the Government Printing Office, A ntigua. Leeward Islands, by EARL PIGOTT, Aoting Governmnent Printer.---By Authority.
530--3.58. Price 3 cents.