|
Dominica.
Official
VOL. LXXIV
Gazette.
ubS IA i be t Yb b Rut rit .
ROSEAU, MONDAY, MARCH 12. 1951. No. 13
Government Notices.
Admiiistroto's QOffice,
3rd March, 1951
NOTICE.
Applications are invited for the post of
INSPECTOR U SCHOOLS, EDUCATION
DEPARTMENT, ST. LUCIA.
The applicant (who should possess grad-
uate qualifications, preferably) should be
a rained Teacher and should have wide
experience of work in Primary Schools.
The post is pensionable and carries
emoluments in the scale of $1,920 to $2,400
per annum by annual increments of $96
plus a Cost of Living Bonus at the rate of
$192 per annum,
Travelling and Subsistence allowances
will be paid in accordance with the rates
prescribed by local regulations.
The duties of the post will be such as
are assigned by the Education Officer, and
the holder will be subject to the Colonial
Regulations and such other local orders
as are in force.
The Inspector of Schools will be required
to act as Education Officer should the
necessity arise.
Free passages for the Officer and his
family will be provided in accordance
with the Colonial Regulations (i.e. a rraxi-
mum of 5).
Applications setting out full details of
qualifications and experience should be
accompanied by not less than two testi,
monials and should be addressed to the
7. 7 9
No Wo
ADMINISTRATOR, ST. LUCIA. to reach
not later than 31st March, 1951.
ST. G. MURRAY.
Chi f Clerk.
Government Office.
St. I ucia,
15th February, 1951.
Administrator's Otfice
5th March, 1951.
TRANSPORT BOARD
The following persons have been appoint-
ed members of the Transport Board in
accordance with section 3 (1) of the Vehi-
cles and Road Traffic Ordinance No. 21 of
1949:-
Honourable G Austin Winston
iHonourable C. A. H. Dupigny.
L. F. C. Royer, Esquire.
The Board consists of the following
persons:-
The Traffic Commissioner (Chairman)
The Director of Public Works
The Honourable G Austin Winston
The Honourable C. A. H. Dupigny
L. F. C. Royer. Esquire.
By Order,
J N. MClNTYRE,
Government Secretary.
105/50
Administrator's Office,
7th March, 1951.
The Administrator announces with
regret the death of Mr. ARNOLD ALFRED,
Chairman of the Giraudel Village Board,
at the Roseau Hospital on the 24th Febru-
ary, 1951.
77/46
By Order,
J. N. McINTYRE.
Government Secretary
OFFICIAL GAZETTE, MONDAY, MARCH 12, 1951
Administrator's Office,
7th March, 1951.
THE following particulars relating to
appointments etc. in the public service
are published for general information :-
SEVERIN, JOHN R., Forest Guard, Forest
Service, vacation Leave from 1st
March to 16th March 1951 inclusive.
E. 513
Administrator's Office,
8th March, 1951.
IT is notified for general information
that the Secretary of State for the Colon-
ies has notified His Excellency the Governor
that the KiNG,will not be advised to
exercise His Majesty's power of disallow-
ance with respect to the undermentioned
Ordinance passed by the Legislative
Council of Dominica: -
No. 14 of 1950. "An Ordinance to
amtend the Appropriation (1950)
Ordinance, 1949
1513/49
Administrator's Office.
12th March, 1951.
THE Minutes of a Meeting of the
Finance Committee held on Wednesday.
21st December, 1949, is published with
this issue of the Official Gazette for gen-
eral information.
336/47.
Administrator's Ofice,
12th March, 1951.
THE following Statutory Rules and
Orders are circulated with and form part
of this Gozette: -
No. 27 of 1950. The Air Transport
(Licensing of Air Services) Regula-
tions, 1950.
1317/43.
No. 6 of 1951. The Agricultural Produce
Exportation (Amendment) Rules,
1951.
209/51.
No. 7 of 1951. The Dominica Postal Ser-
vice (Amendment) Rules, 1951.
208/51.
POST OFFICE NOTICE
AIR LETTER FORMS
With reference to Notice of 20th Febru-
ary ]951, Air Letter Forms will also be
distributed free of charge on purchase of
3d. stamps for Air Letter postage to the
British West Indies and British Guiana.
A. D. BOYD
Colonial Postmaster.
GENERAL POST.OFFICE.
10/3/51
NOTICE.
AIR LETTER FORMS
A limited supply of air Letter forms has
been received.
These will be distributed free upon the
purcilase of stamps for air letter postage
on the basis of one form for every 7d.
stamp (or stamps amounting to 7d )
The supply is insufficient for distribu-
tion to firms in large quantities, and
commercial houses are advised to have
their own forms printed in Barbados or
elsewhere.
A. D. BOYD,
Colonial Postmaster.
GENERAL POST OFFICE.
20/2/51.
TRAFFIC NOTICE.
Owners of registered Motor Vehicles in
the Northern Area are requested to have
such vehicles available for half-yearly in-
spection as under:-
PORTSMOUTH.
Tuesday 13th March, 1931 from 8 a. rn to
12 noon and from 2 p m. to 4 p.m.
Wednesday 14th March, 1951 from 8 a.m.
to 12 noon and from 2 p in. to 4 p m
(Outside Portsmouth Police Station)
MARIGOT.
Thursday 15th March, 1951 from 8 a.m to
4 p.m
(Outside Marigot Police Station)
E. M. FELIX,
T aejs"c Commissioner.
291/48
THE ROSEAU TOWN COUNCIL.
AMINUIES OF PROCEEDINGS)
Office of the Roseau Town Council,
22nd I'ebruary, 1950.
At a meeting of the Roseau Town Coun-
cil held this day, there were present:
Hon. C. A. H. Dupigny, Chairman,
Mr. L. F. C. Royer,
Mr. J. H. C. Grell,
Absent:-Hon. A D. Boyd,
Hon Austin Winston,
Lt. Col E. R. Rowbotham,
Dr. R. F. Armour,
Mr. J W.A. Osborne.
The Chairme, informed the meeting
that Her Royal Highness Princess Alice
Countess of Athlone and the Earl of
Atlone were expected to visit Dominica,
and to stay from the 26th to the 28th
instant.
He suggested that the Jetty, Pay Front
and the Streets through which they would
drive be decorated.
It was resolved that a sum of $240.00 be
voted for decorating the above named
places.
Accounts and Pay Lists passed by the
Finance Committee for payment amount-
ing to $2705.17 were laid on the table.
On motion of Mr Royer. seconded by
Mr. Grell, it was resolved that the expen-
diture of the sum of $2,705.17 for the Ser"
vices of the Council during the month of
January be sanctioned.
611,
OFFICIAL GAZETTE, MONDAY, MARCH 12, 41951.
The Statement of the Iown Fund for
the month of January was read showing a
credit balance of $1,760.97 on the 31st
January. [See Appendix J
The Town Clerk's report was read
The Town Clerk reported that one of the
Scavengers Mrs Job Hinry by name, who
was a sweeper for over 20 years and who
recently suffered a stroke would not be
able to perform her duties as sweeper any
longer. He recommended that a charita-
ble allowance be paid to her.
It was resolved that Mrs. Job Henry be
paid $100 a week and Ermanc'a Perez
who was now being paid 96 cents be also
paid $1.00
The Meat Inspector's report for the
month of January was read.
The Chairman reported that he visited
the Meat Market on Saturday 10th instant
and that one of the Butchers told him
that a large number of cows in calf were
being slaughtered. He observed that the
number of fem ale animals now
b e i n g slaughtered exceeded the
number of males. He had repeatedly
taken up th- meat situation with Govern-
ment but that little was being done to
remedy this serious state of affairs.
It was resolved that the attention of
Government be again called to this n'atter.
The Chief Sanitary Irspector's report
for the month of Jantmiy was read.
Mrs Mary O'Hrien's letter was taken up-
It was resolved that Mrs O'Brien and
the representatives ef Mrs. Iayne be
written .o enquiring at what price would
they dispose of their lotr in Tui key Lane
and Castle Street respectively.
Applications of (G. L. Phillip to connect
his garage in Hillsborosgh Street, Alice
Joseph her premises in Cross Street and
Eugenia Anthony her premises in River
Street with Water Works of the Town
were read.
It was resolved that the application be
granted and the properties assessed for
Water Rate according to thefr assessed
values.
A letter dated 19th January. 1950 from
the Foreman Water Works was read
applying for 56 days overseas leave to be
spent in the Colony of Trinidad and Toba-
go and recommending Mr. Irving Claren-
don to perform his duties during his
absence.
it was resolved that the application be
granted in accordance with Government
leave regulations.
The Acting Superintendent Fire Bri-
gade's report on the _ire Brigade for
quarter ending 31st December, 1949 was
read.
A bill for $15.00 was read from Mr. E.A.
Trotter for parts supplied to the Fire
Truck.
It was resolved that the bill be paid and
an honorarium of $15.00 be paid to Mr.
Trotter for repairs to the Truck.
A letter dated 10th February, 1950 from
the Acting Headmaster Grammar School
informing the Council that the Inter-
Islands Sehcol Tournament would be tak-
ino place in Dominica beginning 13th April
and lasting two full weeks. During this
period the staff of the Grammar School
would be faced with the task and financial
strain of accommodating 54 1oys and 3
Games Masters. whom they would have to
lodge and provide with their meals daily
within the School buildings.
That previous tournaments in Grenada,
St. Vincent and St Lucia cost the School
in each instance upwards of 350. While
they were making every effort to raise
funds privately, they felt that they would
hardly meet their financial commitments
in full. They would be grateful therefore
it the Town Council would be so hejpf'ul
as to make a donation of $150 00 to assist
in fuitillinig their obligationss to the other
Islands whose generosity they have
enjoyed over the past 3 years.
It was resolved that S150.00 be donated
to the Grammar School.
A letter dated 19t.h January, 1950 was
read frorn the Games Master Gramniar
School informing the Council that in
accordance with the wishes expressed by
the Council in session on Wednesday the
18th January. he had forwarded a pro-
gramme showing the dates on which
Windsor Park would be required in con.
nection with the forthcoming Inter-School
Tournament. The programme was as
follows:--
(1) From Monday 23rd January to
Monday 10th April, Saturdays and Sun-
days excluded from 3.30 to Gi p m. to be
devoted to Soccear. Cricket and Field and
Track practices.
( 2) From Friday 14th April to Satur-
day 29th April during tournament on all
days from 11 a.m. to 6 p.m. except Sun-
days.
That on behalf of the Acting Headmas-
ter and the School he wished to thank the
Council for the sympathetic interest in
the School.
The Chairman stated that in as much as
Members of the Legislative Council had
refused to allow the Roseau Town Council
to levy a tax on shops in the Town of
Roseau because the inhabitants living out
of, but making their purchases in Roseau,
would have to contribute towards payment
of this tax, he recommended that the
Windsor Park be handed over to the
Grammar School on condition that Country
boys be not allowed to play on it. He
saw no reason why the people of Roseau
only should provide all facilities and stand
all expenses for the entertainment of
visitors to the Island.
It was resolved that the applications
under the Buildings 1y.Law be recom-
mended to the Central Authority for
62 -
MONDAY, MARCH 12, 1951.
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Printed at the BULLITIN OFPiI(O. Roseau, by.G. A. JAMES-By Authority
proval as complying with the provisions It was resolved that the application be
the By-Law: granted subject to the Septic Tank being
Dr. Armour came in and took his seat,) erected to the satisfaction of the Senior
A. Roberts. To erect a verandah on Medical Officer.
the North and East sides of the upper The Chairman applied on behalf of the
storey of two storied house in Han- Colonial Development Corporation to
over Street and to change the roof to erect a group of buildings comprising of
a gable end. Citrus packing Plant 150ftby 50ft, a Pack'
llse Peltier To erect a Bakery in Vic- ing Fruit Store 80ft by 25ft and a Crate
toria Street. Store 50ft by 25ft according to a plan sub-
W. Laronde To raise his ene-storied mitted.
house in Victoria Street. It was resolved that the application be
'adnie Robinson To erect a Workshop granted on condition that tie 60fr belt
in her yard in Queen Mary Street. between the land of the Colonial Develop-
ilders David To erect a dwelling house ment Corporation and the Public Road be
on the Castle Comfort Road clearly defined on the plan submitt,.d.
fonso Sylvan To erect a Kitchen in A letter No. 58/A/13 of the 7th Febru-
Eliot Avenue. ary, 1950 from the Examirer of Accounts
fred Phillip To erect a Kitchen in bringing to the notice of the council the
Potter's Street. following points raise by the Director
The following applications were allowed General of Colonial Audit during his tour
stand over for further investigation, of in-pection of the Colony was read.
inetta Andre To erect a Kitchen in the (1) That the Stand Dues and other small
Found fixed value revenue receipts might be
collected by fixed tickets date stamped
C. Jacobs To add a verandah 4ft when issued. .-
wide to the south and east sides of the (2) That various books .must ,, be
third floor of his building in New brought up to date. ....
-Street. It was resolved that the Examiner of
Stet ,.,Accounts be informed
It was resolved that the Town Clerk be Accounts be informed
(1) that the Stand Dues are collected
thorized to import Milk Testing Appli- under the Dawbinev Market Hly-law
ces according to a proforma invoice of which will be amend-d to give effect to
rthur H. Thomps Go of U.S.A. amount- the suggestion
g to $147:00. (2) The accounts are being written up by
The Chairman applied on behalf of the the Town Clerk.
lonial Development.Corporation to erect The Council rose.
Septic Tank at Goodwill. Confirmed this 4th day of June 1950
Ie informed the Council that the Senior CLIFTON A H. DUPIGNY.
medical Officer had approved the site. Chairman, Roseau Town Coui'cil.
STATEMENT OF RECEIPTS AND EXPENDITURE OF THE ROSEAU TOWN COUNCIL
FOR FEBRUARY, 1950.
950 Receipts 1950 I',yments
member 1. To Balance ... ... $1760.97 Feb. 4. By Chairman's Orders $2540.56
,, Inland Revenue Clerk ... 37.92 ,, 28. Balance 451.99
,, Registrar & Marshal ... 803.12
,, Magistrate District E." 4.20
Town Clerk ... ... 886.34
$2992.55 $2992.55
(Sgd.) A. D. BOYD,--Actg. Financial Secretary.
6th March, 1950.
1
De
OFFICM GAZETTE,
DOMINICA.
Minutes of Meeting of Finance
Committee.
AT a meeting of the Finance Committee held at 3.30 p.m. on
Wednesday, 21st December, 1949, in the Court House.
Present :
His Honour C. A. HARNEY, Acting Administrator,
The Honourable E.L.ST BERNARD,Acting Crown Attorney
The Honourable A. D. BOYD, Acting Financial Secretary,
C. A. H. DUPIGNY.
,, ARTHUR PEMBERTON,
9 ,, Mrs. ELMA NAPIER,
9,.. G. AUSTIN WINSTON,
.. T. M. BERTRAND,
,, C. J. L. DUPIGNY,
,, H. D. SHILLINGFORD, C.B E.
Absent:-
The Honourable J. 0. AIRD,
Supplementary Votes.
The Committee approved of Supplementary Votes to meet ex-
penditure under the following Heads :-
Head Sub-head Amount
X. (2) Portsmouth Hospital 10. Fuel and Lighting $ 60.00
X. (2) ,, '. Food for Nurses, etc. 173.00
X. (2) S 8. Necessaries 443.00
X. (2) ,, 12. IUnifo11m for Nurses 2.00
X. (4) Randd Bay Hospital R. Fuel and Lighting 35.00
XXXXII. Treasury. Custom.r and Port 13. Rewards and expenses
in Revenue Protection 35.00
Dublanc Bridge.
The question of a contribution by the Honourable H D. Shil-
lingford for making a footbridge at Dublanc large enough to al-
low cart traffic was discussed.
Mr. Shillingford agreed to pay 30 but mentioned that now
it was the policy of Government to make such bridges sufficiently
large to allow cart traffic, it did not appear to him reasonable to
be asked to contribute the amount which he had promised.
Loss of Registered Mail.
His Honour read a minute from His Excellency stating the
action taken in connection with the irregularities at the Post
Office.
The Committee approved of refunds to parties concerned to
the amount of $800.
Mr. Shillingford wished to record his protest and pointed out
the abuses which could come about from such refunds.
Return Passages.
An application from the Education Officer for return passages
to this Colony for his wife and daughter was considered.
The Committee did not approve of the application.
N. A. Jeffers.
An application from Mr. N. A. Jeffers regarding his salary
was considered.
The Committee approved of a grant of two additional incre-
ments with effect from 1st January, 1949, in recognition of meri-
torious service as Acting Headmaster of the Dominica Grammar
School.
Application from Mr. F. O. C Harris on behalf of
Peter Grant for compensation.
An application for compensation from Peter Grant for injuries
received when he tripped and fell over one of many colas drums
left lying in the street at Portsmouth was considered.
The Committee approved of a grant of 15.
Mr. Winston opposed the amount agreed to as he considered
it inadequate.
Leave to Mr. C. A. Burton.
The Committee approved of the payment of salary to Mr.
C. A. Burton during the tenure of his scholarship at the University
of Puerto Rico.
The Committee then adjourned, sine die.
D. K. BURTON,
Clerk of Council.
Confirmed this 18th day of January, 1950.
C. ADDISON HARNEY,
Acting Administrator.
DOMINICA
STATUTORY RULES AND ORDERS.
1950, No. 27
AIR TRANSPORT (LICENSING OF AIR SERVICES)
REGULATIONS.
REGULATIONS MADE BY THE GOVERNOR WITH THE APPROVAL OF THE
SECRETARY OF STATE, UNDER AUTHORITY OF SECTION 5 OF THE
AIR NAVIGATION ACT, 1936, AS MADE APPLICABLE TO THE COLO-
NIES BY THE COLONIAL AIR NAVIGATION (APPLICATION OF ACTS)
ORDERS 1937 TO 1947.
Gazetted 12th March, 1951.
1. Short Title. These Regulations may be cited as the
Air Transport (Licensing of Air Services) Regulations, 19N0.
PART 1.
INTERPRETATION.
2. Interpretation. The Interpretation and General
Clauses Ordinance, 1940 (No. 15 of 1940), as amended, shall
apply for the purpose of the interpretation of these Regula-
tions.
3. Definitions. In these Regulations and the schedules
thereto, unless the context otherwise requires -
air service means any service performed by any air-
craft for hire or reward:
Provided that a member of a club carried in an air-
craft belonging to the Club for the purposes of
instruction shall not, if the instructor is also a mem-
ber of the club, be deemed to be carried for hire or
reward, notwithstanding that payment is made for
such instruction or carriage ;
"the Colony" means the Colony of Dominica;
"the Convention on International Civil Aviation" and
the Internati6nal Air Services Transit Agreement" mean
respectively, the Convention and the Agreement so styled
which were signed at Chicago on behalf of the Govern-
ment of the United Kingdom on the 7th December, 1944;
"the Director of Civil Aviation" means the person for
the time being lawfully discharging in the Colony the func-
tions of the officer of Director of Civil Aviation;
licence means a licence granted under Regulation 7 of
these Regulations;
"the Licensing Authority" means the Air Transport
Licensing Authority constituted by Regulation 6 of these
Regulations;
permit" means a permit granted under Regulation 25 of
these Regulations;"
"scheduled journey" means one of a series of journeys
which are undertaken between the same two places and
which together amount to a systematic service operated in
such a manner that the benefits thereof are available to
members of the public from time to time seeking to take
advantage of them;
"the two Corporations" means the British Overseas
Aitways Corporation and the British European Airways
Corporation."
PART II.
LICENCES FOR SCHEDULED JOURNEYS.
": 4,. Journeys to which this part of these Regulations
Apply. This part of these Regulations shall not apply to the
carriage of passengers, mail or cargo by air for hire or reward
,upon journeys other than scheduled journeys.
5. (1) Conditions under which Persons may sue Aircraft.
Stibject to the provisions of these Regulations, it shall not be
lawful for any person to sue any aircraft for the carriage in
this Colony of passengers, mail or cargo for hire or reward
upon any scheduled journey between two places, of which at
least one is in the Colony except under, and in accordance
with the provisions of, a licence granted by the Licensing
Authority hereinafter specified.
(2) Any person who uses any aircraft in contraven-
tion of the provisions of this Regulation, shall be liable on
conviction in the case of a first offence to a fine not exceeding
five hundred pounds or to imprisonment for a term not ex-
ceeding three months or to both such fine and such imprison-
nent, and in the case of a second or subsequent offence to a
fine not exceeding five thousand pounds or to imprisonment
for a term not exceeding two years or to both such fine and
such imprisonment.
(3) The provisions of the Regulation shall not
apply in respect of the aircraft of any State, which is a party
to the International Air Services Transit Agreement, which
fly across the Colony without landing, or land in the Colony
in accordance with the provisions of that Agreement.
6. (1) Licensing Authority. The Licensing Authority
for the purposes of this Part of these Regulations shall consist
of such number of members, not being less than three, as the
Governor may from time. to time determine, and shall be
known as the "Air Transport Licensing Authority".
(2) Every member of the Licensing Authority shall
be appointed by the Governor, and, unless he shall earlier
resign his office by writing under his hand addressed to the
Governor, shall hold office for such term as the Governor
shall at the time of making the appointment determine but
shall be eligible for re-appointment from time to time on the
expiration of his term of office. The Governor shall nominate
one of the members to be chairman.
(3) The Governor may from time to time appoint
deputy members to act in the place of members who are ill
'or absent. Such deputy members may be appointed either for
a specified term or to act in the place of a specified member
during his illness or absence.
(4) The Governor may remove any member or deputy
member from his office for inability or misbehaviour.
(5) Where the Governor proposes to appoint a person
to be a member or deputy member of the Licensing Authority,
he shall, before making the appointment require that person
to declare whether he has any, and if so what, financial in-
terest in any undertaking which provides transport for
passengers or goods or which owns or operates erodromes,
*manufactures aircraft, aireraft-engines or accessories, or sup-
plies aircraft fuel or lubricants. If any member or deputy
member of the Licensing Authority acquires any such finan-
cial interest he shall, within four weeks after so doing, give
notice thereof in writing to the Governor specifying the in-
terest so acquired, and the Governor after taking the matter
into consideration may, if he think fit, declare that the
member or deputy member has vacated his office and the seat
of such member or deputy member shall thereupon become
vacant.
(6) (a) The Governor may appoint a person to be
Secretary to the Licensing Authority.
(b) The Licensing Authority may appoint such
other officers and servants as may, in the
opinion of the Governor, be necessary to
enable them to discharge their duties.
(c) The number of members which shall form a
quorum of the Licensing Authority for the
aespatch of business, and the way in which
the Licensing Authority shall determine
questions for their decision shall be such as
tne Governor may, prescribe.
7. (1) Grant of Licence. The Licensing Authority may
grant to any person applying therefore a licence to carry
passengers, mail or cargo by air for hire or reward on such
scheduled journeys, and subject to such conditions, as may be
specified in the licence.
(2) The Licensing Authority may attach such condi-
tions to any licence as they may think fit having regard to the
nature and circumstances of the application therefore.
(3) It shall be a condition of every licence that
(a) the holder of the licence and any person having
a financial interest in the business of the holder
of the licence shall refrain from stipulating that
any other person
(i) shall refuse booking facilities to any other
holder of a licence ;
(ii) shall grant such facilities to such other
holder only on onerous terms; and
(b) the holder of the licence shall perform all such
reasonable services as the Colonial Postmaster
may from time to time require in regard to the
conveyance of mails (arid of any persons who may
be in charge thereof) upon journeys made under
the licence. The remuneration for any such
services shall be such as may be from time to
time determined by agreement between the
Colonial Postmaster and the holder of the
licence. Any dispute, difference or question
which may arise as to the remuneration to
be paid to the holder of a licence in respect of
such services or as to the rights, duties or liabil-
bilities of the holder of the licence or the Colonial
Postmaster hereunder or otherwise in relation to
any of the matters aforesaid shall in default of
agreement be referred in the Colony to a single
arbitrator in case the parties can agree upon one,
or otherwise to two arbitrators one to be appoint-
ed by the Colonial Postmaster and the other by
the holder of the licence, and in either case in
according with and subject to the provisions of
The Arbitration Act (Cap. 3) or any then sub-
sisting re-enactment or modification thereof.
8. Form of Application for Licence. Applications for
Licences shall be made in the form and manner, and shall
contain the particulars prescribed in the first. Schedule hereto.
Every applicant shall furnish to the Licensing Authority such
further information as the Licensing Authority may reason-
ably require for the discharge of their duties in relation to the
application.
9. Publication of Applications. The Licensing Authority
shall cause to be published, in the manner prescribed in the
first Schedule hereto, such particulars of any applications for
licences received by them as are prescribed in the said
schedule.
10. Objections to Applications. Any person or body of
persons may, in the form and manner, and within the time,
prescribed in the first Schedule hereto, make representations
or objections with regard to any application for a licence.
11. Enquiry into Application. The Licensing Authority
may, if they think fit, for the purpose of determining
applications for licences, hold enquiries in public or in private
and shall hold an enquiry in public if the applicant, or any
person who has duly made an objection, requires the Licensing
Authority, by such notice, in such form, as is prescribed in the
first Schedule hereto so to do.. Before holding any such
enquiry the Licensing Authority shall give to the applicant
and to any person who has duly made representations or
objections with regard to the application, such notice, in such
form, as is prescribed in the said Schedule and shall give the
applicant and any such person an opportunity of being heard
at the enquiry.
12. Short Term Licence. Where an application is made
to the Licensing Authority for a licence to remain in force for
a period not exceeding thirty days and they are satisfied
that it is in the public interest that the application should be
determined with expedition, they may determine the applica-
tion and grant a licence accordingly; and the provisions of
this Part of these Regulations as to the publication of particu-
lars of applications, the making of objections and representa-
tions, and the holding of enquiries at the instance of the
applicant or an objector shall not in that case apply.
13. Licensing Authority to Exercise Discretion in Grant-
ing Licence. In exercising their discretion to grant, or to
refuse, a licence and their discretion to attach conditions to
any licence the Licensing Authority shall have regard to the
co-ordination and development of air services generally with
the object of ensuring the most effective service to the public
while avoiding uneconomical overlapping and generally to the
interests of the public, including those of persons requiring
or likely to require facilities for air transport, as well as
those of persons providing such facilities. In particular the
Licensing Authority shall have regard to the following
matters :-
(a) the existence of other air services in the area
through which the proposed services are to be
operated;
(b) the demand for air transport in that area;
(c) the degree of efficiency and regularity of the air
services, if any, already provided in that area,
whether by the applicant or by other operators;
(d) the period for which such services have been
operated by the applicant or by other operators;
(e) the extent to which it is probable that the appli-
cant will be able to provide a satisfactory service
in respect of safety, continuity, regularity of
operation, frequency, punctuality, reasonable-
ness of charges and general efficiency;
(f) the financial resources of the applicant;
(g) the type of aircraft proposed to be used ;
(h) the remuneration and general conditions of
employment of aircrew and other personnel
employed by the applicant;
and the Licensing Authority shall take into consideration any
objections or representations duly made in accordance with
the provision of these Regulations.
14. Duration of Licence. The Licensing Authority may
grant licences to remain in force for such period, not exceeding
five years, as they may in each case determine, commencing
on the date on which the licence is expressed to take effect:
Provided that if, on the date of the expiration of a
licence an application to the Licensing Authority is
pending for the grant of a new licence in substitution for
an existing licence held by the applicant, the existing
licence shall continue in force until the application is
granted or refused.
15. Provisional Licence pending determination of Applica-
tion for Licence. The Licensing Authority may if they think
nL, pending the determination of an application for a licence,
grant to the applicant a provisional licence which shall remain
in force until the application is determined.
16. Grant of Provisional Licence to continue service
already in operation. Where a person has, within one month
of the date when the provisions of these Regulations as to
applications for licences come into operation, duly applied for
a licence authorising him to perform such journeys as may be
necessary to enable him to continue to operate any air service
and satisfies the Licensing Authority that he was immediate-
ly before that date operating that service the Licensing
Authority shall grant to the applicant a provisional licence
authorising him to continue to operate that service, and such
lornvisional licence shall remain in force -
(a) if the application is granted, until the date from
which the licence is expressed to take effect; oi
(b) if the application is refused, for a period of three
months from the date of decision of the Licensing
Authority.
17. Publication of Decision of Applications. The Licensing
Authority shall cause to be published in the manner pre-
scribed in the first Schedule hereto such particulars of their
decisions on applications for licences and of their decisions to
revoke or suspend a licence as are prescribed in the said
Schedule.
18. (1) Revocation or Suspension of Licence. Subject to
the provisions of paragraph (2) of this regulation, the
Licensing Authority may revoke, or suspend a licence if -
(a) the holder of the licence has, since the licence
was granted, been convicted of an offence against
Regulation 5 or 24 of these Regulations ; or
(b) where the holder of the licence is a body
corporate has, since the licence was granted, been
convicted, in his capacity as such officer, of an
offence against Regulation 5 or 24 of these
Regulations; or
(c) the holder of the licence has failed to comply
with any condition subject to which the licence
was granted.
(2) Before revoking or suspending any licence under
sub-paragraph ,(c) of paragraph (1) of this regulation, the
Licensing Authority shall give to the holder of the licence
such notice as is prescribed in the first Schedule hereto
specifying the grounds upon which it is proposed to revoke or
suspend the licence, and shall not revoke or suspend the licence
unless they are satisfied, after holding a public enquiry if
the holder of the licence (by such notice, m such form as is
prescribed in the first Schedule hereto) requires them so to do,
that, owing to the frequency of the failure on the part of the
holder to comply with conditions or to the failure having
been wilful, the licence should be revoked or suspended.
(3) The expression" officer "in sub-paragraph (b) of
paragraph (1) of this regulation means a Director, General
Manager, Secretary or other similar officer and includes any
person who, with the authority of the body corporate, acts as
such officer.
19. Surrender of Licence for Cancellation. A licence may
at any time be surrendered by the holder to the Licensing
Authority for cancellation. If, during the currency of a
licence, the holder applies to the Licensing Authority for a
new licence in substitution for the current licence, he shall,
if a new licence is granted, surrender the current licence for
cancellation on the date from which the new licence is
expressed to take effect.
20. (1) Fee for Licences. There shall be paid to the
Financial Secretary in respect of every licence a fee of ten
pounds in respect of each year or part of a year of the term
for which the licence is expressed to remain in force.
(2) There shall be paid to the Financial Secretary in
respect of any provisional licence granted under Regulation
16 of these Regulations a fee of two pounds.
(3) No refund of any fee paid in respect of the grant
of a licence shall be made, whether on the surrender of the
licence or otherwise, save where a licence is surrendered before
its normal date of expiry upon the grant of a new licence
authorising a service over the same route, in which case there
shall be refunded the sum of ten pounds for each full year of
the unexpired period of the licence but the holder shall in
addition to the normal fee for the new licence pay the special
additional fee of two pounds.
21. (1) Monthly Returns by Licence Holder. Every
holder of a licence shall make a monthly return in writing to
the Licensing Authority giving, in respect of the month to
which the return relates, the particulars set out in the second
Schedule hereto with regard to all air services authorised by
the licence.
(2) Such return shall be sent to the Licensing
Authority not later than two months after the expiration of
the month to which the return relates.
22. Annual Report by Licensing Authority. The Licensing
Authority shall make an annual report to the Governor as to
the exercise of their functions during the year.
PART III.
PERMITS FOR JOURNEYS OTHER THAN SCHEDULED
JOURNEYS.
23. Application of this Part of Regulations. This Part of
these Regulations shall not apply to the carriage of passengers
mail or cargo by air for hire or reward on scheduled journeys.
24. (1) Offences. Subject to the provisions of these
Regulations, it shall not be lawful for any person to use any
aircraft for the provision in the Colony or of any air service
except under, and in accordance with the conditions of, a
permit granted by the Licensing Authority.
(2) Any person who uses any aircraft in contraven-
tion of the provisions of this regulation shall be liable on
conviction in the case of a first offence to a fine not exceeding
two hundred and fifty pounds or to imprisonment for a term
not exceeding three months or to both such fine and such
imprisonment and in the case of a second or subsequent
offence to a fine not exceeding two thousand pounds or to
imprisonment for a term not exceeding two years or to both
such fine and such imprisonment.
(3) The provisions of this Regulation shall not apply
in respect of any journey performed on the authority of Article
5 of the Convention on International Civil Aviation if the Air-
craft performing the journey flies across the Colony without
landing or lands in the Colony for non-traffic purposes only,
but shall apply in respect of any such journey if the aircraft
performing the journey takes on or discharges passengers,
cargo or mail in the Colony.
25. (1) Grant of Permit by Licensing Authority. The
Licensing Authority may grant to any person applying there-
for a permit to use aircraft for the provision in the Colony of
such air services (other than such a service as is referred to
in paragraph (1) of Regulation 5 of these Regulations) for
such period and on such conditions as may be specified in the
permit.
(2) The Licensing Authority may attach such condi-
tions to any permit as he may think fit having regard to the
nature and circumstances of the application therelor.
(3) The Licensing Authority may delegate to the
Director of Civil Aviation such powers as may be necessary or
expedient to enable him to issue or refuse permits for all non-
scheduled journeys for which permission is sought within
seven days before the operations are due to commence :
Provided that any applicant who has been refused
such permit shall have the right of appeal to the Iicensing
Authority within fourteen days after notification of sucn
refusal.
26. Application for Permit. Applications for permits
shall be made in such form, and shall contain such informa-
tion as the Licensing Authority may require.
27. (1) Revocation of Permit. The Licensing Authority
may revoke or suspend any permit if -
(a) the holder of the permit has, since the permit was
granted, been convicted of an offence against
Regulation 5 or 24 of these Regulations; or
(b) where the holder of the permit is a body
corporate, any officer of that body corporate has,
since the permit was granted, been convicted, in
his capacity as such officer, of an offence against
Regulation 5 or 24 of these Regulations; or
(c) the holder of the permit has failed to comply with
any condition subject to which the permit was
granted.
(2) The expression officer in paragraph (1) of this
regulation means a Director, General Manager, Secretary or
other similar officer and includes any person who, with the
authority of the body corporate, acts as such officer.
PART IV.
GENERAL PROVISIONS.
28. Conditions Attachable to Licence. It shall be a condi-
tion of every licence or permit that the requirements of any
law or instrument having the force of law, for the time being
in force in the Colony, relating to air navigation or air
transport shall be complied with at all times during the
currency of the licence or permit in connection with all jour-
neys made under the licence or permit.
29. Licence not to be Transferred or Assigned. A licence
or permit shall not be capable of being transferred or
assigned:
Provided that in the event of the death, incapacity,
bankruptcy, sequestration or liquidation of the holder of
a licence or permit, or of the appointment of a receiver or
manager or trustee in relation to the business of the
holder of a licence or permit the person for the time being
carrying on that business shall, if within fourteen days of
his commencing so to do, he makes application to the
Licensing Authority for a new licence or permit, be
entitled to provide the air services authorised by the
existing licence or permit subject to the conditions thereof,
until the application is determined.
30. Disclosure of Financial Resources of Applicant.
Nothing in these ,Regulations shall require the disclosure by
any applicant for a licence or permit to any person other than
the Licensing Authority of information as to the financial
resources of the applicant, and any such information received
by the Licensing Authority from any such applicant shall be
treated as confidential.
31. Licence Holder not entitled to continuance of Benefits
under these Regulations. Nothing in these Regulations shall
confer upon the holder of a licence or permit or upon any
other person any right to the continuance of any benefits
arising from the provisions of these Regulations or from any
licence or permit granted thereunder or from any conditions
attached to any such licence or permit.
32. (1) Proceedings for Offences how instituted. Proceed-
ings for an offence against these Regulations shall not be
instituted except with the consent of the Crown Attorney.
(2) Where an offence against these Regulations has
been committed by a body corporate, every person who, at the
time of the commission of the offence was a Director, General
Manager, Secretary or other similar officer of the body
corporate, or was purporting to act in any such capacity, shall
be deemed to be guilty of that offence, unless he proves that
the offence was committed without his consent or connivance
and that he exercised all such diligence to prevent the commis-
sion of the offence as he ought to have exercised having regard
to the nature of his functions in that capacity and to all the
circumstances.
PART V.
EXEMPTIONS.
33. Exemptions. Subject to the provisions of paragraph
'3 of Regulation 22, nothing in these Regulations shall
apply to :-
(a) either of the two corporations in respect of such
journeys, on such routes, as the Governor may
from time to time specify ;
(b) any air transport operator, whose principal place
of business is in a country other than
(i) the United Kingdom ; or
(ii) a territory for whose foreign relations His
Majesty's Government in the United Kingdom
is responsible ;
in respect of journeys performed by such operator in accord-
ance with the provisions of any agreement for the time being
in force between His Majesty's Government in the United King-
dom and that Government of that country.
PART VI.
REVOCATION.
34. Revocation. The Air Navigation (Licensing of Public
Transport) Regulations, 1946 (S.R. & 0. 1946, No. 26) are
hereby revoked.
SCHEDULE.
FIRST SCHEDULE.
Form A. Reg. 8.
I hereby make application for a licence to operate a
.............. plane service for a period of .......
months between the following islands -
2. The type and characteristics of aircraft to be
used are -
(a) land plane, sea plane ......................
(b) power and make of engines ..................
(c) maximum total weight authorised ........ Ibs.
(d) seating capacity of plane ..................
(e) tare weight ............................... ...
3. (a) Number of pilots ..........................
(b) ,, ,, wireless operators ................
(c) ,, navigators ........................
(d) ,, other personnel ................
4. The number of scheduled journeys per week are
as stated hereunder -
Sundays ........................
M ondays ........................
.. Tuesdays ......... ..............
Wednesday ....................
Thursday ......................
Friday .........................
Saturday ........................
5. The fares, freight and other charges to be made.
are --
Signature of Applicant.
Form B. Reg. 9.
NOTICE.
The public is hereby notified that application is made
to the Licensing Authority by ....................... to
operate a ...................... plane service between the
following islands -
2. The maximum total weight of plane is ............
and the seating capacity is for ............ persons.
3. The number of scheduled journeys are as follows -
4. The power and make of engines of aircraft used
are -
5. The fares and freight charges are -
6. Any person or class of persons who wish to make
objections to this application may do so within 10 days
after the publication of this notice on the prescribed form.
Licensing Authority.
Form C. Reg. 10.
I (we) hereby make objection to the issuing of a
licence by the Licensing Authority to ....................
to operate a .................... plane service.
2. The reasons in support of my .(our) objections)
are as follows, that is to say -
3. I desire this objection be heard in public (camera)
for the following reasons -
Signature.
Form D. Beg. 11.
NOTICE. '
To A.B.
Take notice that a pubic enquiry will be heard to
determine whether your application for a licence to
operate a ............... plane service should be granted,
at .................. on the day of ............., 19....
2. You are required to attend and shall be entitled to
state your case before this Authority.
Licensing Authority.
Form E. Reg. 17.
NOTICE.
The public is hereby notified that the Licensing
Authority has granted a licence to ................... to
operate a .............. plane service between the islands
of ................................. ......................
2. The conditions of licence are as follows -
(a) (b) etc.
Form F. Reg. 17.
NOTICE.
The public is hereby notified that the Licensing
Authority has revoked the licence of .................. to
operate a plane service between the islands of -
2. The reasons for revocation are as follows -
(a) (b) etc.
Form C. Reg. 18 (2),
NOTICE.
To A.B.
The Licensing Authority hereby notifies the said A.B.
that It is its intention to revoke the licence now held by
said A.B. to operate a .................... plane service.
2. The grounds for revocation are as follows -
3. The said A.B. is entitled, if he so desires, to show
cause at a public enquiry why the said licence should not
be revoked. The said enquiry will be held within 14 days
of this notice.
SECOND SCHEDULE.
PARTICULARS TO BE GIVEN BY LICENCE HOLDERS
IN MONTHLY RETURNS.
I. The names of the places between which the ser-
vices authorised by the licence are operated within the
Colony or between the Colony and other places in His
Majesty's dominions.
II. The names or regular stage stopping places en
route and of places where stops are made on request.
III. In respect of each stage (distinguishing wherever
applicable under each head between journeys on licensed
services and other journeys) -
(a) Length of stage in miles ;
(b) number of paying passengers carried;
(c) weight of goods carried;
(d) weight of mails carried ;
(e) total paying load, weight;
(f) paying load capacity (weight) on flights com-
menced;
(g) period of month during which services were
scheduled during the month;
(h) frequency of scheduled services (e.g. once daily
each way week days) ;
(1) number of flights scheduled;
(j) number of flights commenced;
(k) number of flights completed without interrup-
tion
(1) number of flights completed after interruption
en route;
(m) number of flights interrupted en route and
not completed;
(n) number of flights not commenced -
(1) because no passengers, goods or mails required
transport ;
(11) because no aircraft was available;
(il) because of weather conditions ;
(iv) for other reasons which should be stated;
(o) number of unpremediated landings -
(I) for fuel;
(Ii) on account of weather conditions ;
(ii) on account of mechanical failure of aircraft
or engines ;
(iv) on account of wireless equipment failure;
(v) for other causes);
(p) particulars of the type and characteristics of
aircraft used (e.g. landplanes or seaplanes) ;
number, power and make of engines ; maximum
total weight authorised; tare weight; and seating
capacity;
(q) the fares, freight and other charges made.
IV. Number of paying passengers, weight of goods and
weight of mails carried during the month of -
(a) on licensed services ; and
(b) on other journeys over the same routes.
V. Number of pilots, number 6f wireless operators,
number of navigators and number of other personnel
employed on flying duties during the month.
Made by the Governor with the approval of the Secre-
tary of State, this 25th day of October, 1950.
E. P. ARROWSMITH,
Administrator.
1317/43.....
PRINTED AT THE VOICE PUBLISHING CO. LTD., NO. 3 VICTORIA ST. CASTRIEB. ST. LUCIA.
1951 AGRICULTURAL PRODUCE
EXPORT ION
SRO 6 A 9
DOMINICA
STATUTORY RULES & ORDERS NO 6 OF
1951
THE AGRICULTURAL PRODUCE EXPOR-
TATION (AMENDMENT) RULES, 1951.
MADE BY THE GOVERNOR IN COUNCIL UNDER SECTION 10
OF THE AGRICULTURAL PRODUCE EXPORTATION
ORDINANCE, 1941.
(Gazetted 12th March, 1951)
1. These Rules may be cited as the
AGRICULTURAL PRODUCE EXPORTATION
(AMENDMENT) RULES. 1951
Short
title
and shall be read as one with the Agricultural Produce
Exportation Rules 1942 (S. R. & 0. 1942, No. 38) as
amended hereinafter referred to as the principal Rules. S. R. & Os.
41/19 6
2/1947
2. Rule 25 of the principal Rules is hereby revoked. Revocation
of Rule 25
3. For the Second Scheduled to the principal Rules Substitution
the following shall be substituted :- Scheduled
SECOND SCHEDULED
Ordinary Sundays; Bank At other
Pay Holidays and times
between 9 p.m. per hour
and 5 a.m.
Manager $ .92 $ 1.388 $ 1.51
Special Grade Clerk .87 1 31 1.09
1st. Class Clerk .64 .96 .80
2nd ,, ,, .42 .63 .52
3rd ,, ,, Flat rate .52 .42
Chief Officer do. .52 .42
Other Graded Officers
& Produce Inspectors do.
A 10 1951 AGRICULTURAL PRODUCE
EXPORTATION
SRO 6
Provided that except in the case of illness,
or except in the case of Sundays and Bank Holidays no
overtime pay shall be paid unless the officer concerned
has been on duty for forty five hours during the week
in respect of which the overtime pay is charged.
Commence. 4. These Rules shali come into operation on the 1st
ment day of January, 1951.
Made by the Governor in Council this 28th day of
February 1951.
209/51.
D. K. BURTON.
Clerk of the Council.
DOMINICA.
Printed at the Bulletin Office. Roseau, by G. ALPHONSUS JAMES,
By Authority.
'fPr.e 2d:.
1951 POST OFFICE SBO 7 A 11
DOMINICA
STATUTORY RULES & ORDERS NO. 7
OF 1951
THE DOMINICA POSTAL SERVICE (AMENDMENT)
RULES, 1951
DATED THE 28TH DAY OF FEBRUARY, 1951, MADE BY THE
GOVERNOR in COUNCIL UNDER SECTION 4 OF THE
POST OFFICE ACT (CAP. 123).
[Gazetted 12th March, 1951]
1. These Rules may be cited as the
DOMINICA POSTAL SERVICE (AMENDMENT) short
RULES, 1951. title
and shall be read as one with the Dominica Post Office
Rules, 1928 (L, Is. S. R. 0. 1928, No. 16) as amended, sR&Os Nos.
22 of 1932
hereinafter referred to as the principal Rules. o 5
2. For rule 3 of.the principal Rules the following
shall be substituted :-
3. Overtime Pay.'SSubject to the provision of Amendment
the necessary funds by the legislature of the Colony of Rule.
Dominica, overtime pay in respect of duties actually
and necessarily performed in excess of 45 hours per
week may be paid on the following scale.
Ordinary Sundays, Bank At other
Pay Holidays & times
between 9 p.m. per hour.
and 5 a.m.
Postmaster $ .92 $ 1.38 $ 1.15
Special Grade Clerk .87 1.31 1.09
1st. Class Clerk .64 .96 .80
2nd ,, .42 .63 .52
3rd ,, ,, Flat rate .52 .42
Chief Officers do. .52 : .42
Other Graded Officers do. .44 .40
A 12 I POST SOb s
Commence. 3. These Rules shall come into operation on the 1st day of
ment. 1.951.
ent. Janmtary, 1951.
Made by the Governor in Council this 28th day of Febru-
ary, 1951.
D. K. BURTON,
208/51 Clerk of the Council
4
DOMINICA.
Printed at the Bulletin Office. Roseau. by G. ALPHONSUS JAMIS.
By Authority.
IPice 2d.)
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