VOL. LXXXIV. THURSDAY, 16ra
LEEWARD ISLANDS
GAZETTE.
Published by Authority.
FEBRUARY, 1956. No. 9,
Notices,
BY THE GOVERNOR OF THE
LEEWARD ISLANDS.
A PROCLAMATION.
kK. W. BLACKBURNE,
Governor.
WHEREAS by section 3 of the
Summary Jurisdiction (Amendment)
Act, 1955 (No. 2/1955) it is provided
that the said Act shall come into
operation on a day to be appointed by
the Governor by Proclamation pnb-
lished in the (Gazette.
NOW, THEREFORE, I KENNETH
WILLIAM BLACKBURNE, a Knight
Commander of the Most Distinguished
Order of Saint Michael and Saint
George, an Officer of the Most
Excellent Order of the _ British
Empire, Governor and Commander
in Chiefin and over the Colony of the
Leeward Islands and Vice Admiral of
the same, do by this my Proclamation
declare that ths said Act shall come
into operation on the 30th day of
June, 1956.
AND all Her Majesty’s officers and
loving subjects in the said Colony and
all others whom it may concern are
hereby required to take due notice
hereof and to give their ready
obedience accordingly.
GIVEN at the Government House,
Antigua, this 8th day of Febru-
ary, 1956, and in the fifth year
of Her Majesty’s reign.
GOD SAVE THE QUEEN!
BY THE GOVERNOR OF THE
LEEWARD ISLANDS.
A PROCLAMATION.
K. W. BLACKBURNE,
Governor.
WHEREAS by section 3 of the
Crown Suits (Repeal) Act, 1955
(No. 5/1955) it is provided that the
said Act shall come into operation on
a day to be appointed by the
Governor by Proclamation published
in the Gazette.
NOW, THEREFORE, I KENNETH
WILLIAM BLACKBURNE, a Knight
Commander of the Most Distin-
guished Ordey of Saint Michael and
Saint George/ an Officer of the Most
29x
2 7%
1 YÂ¥874
Excellent Order of the British
Empire, Governor and Commander
in Chief in and over the Colony of
the Leeward Islands and Vice
Admiral of the same, do by this my
Proclamation declare that the said
Act shall come into operation on the
30th day of June, 1956.
AND all Her Majesty’s officers and
loving subjects in the said Colony
and all others whom it may concern
are hereby required to take due
notice hereof and to give their readyâ€
obedience accordingly.
GIVEN at the Government House,
Antigua, this 8th day of Febru-
ary, 1956, and in the fifth year
of Her Majesty’s reign.
GOD SAVE THE QUEEN !
ORDER OF COMPETENT
AUTHORITY
Order made by the Competent
Authority for the Presidency
of Antigua under Regulation
50 of the Defence Regula-
tions, 1939, as having effect
by virtue of the Supplies and
Services (Transitional
Powers) Act, 1945, the Sup-
plies and Services (Transi-
tional Powers) (Colonies etc.)
Order in Council, 1946, (Imp.).
the Supplies and Services
(Transitional Powers) Order.
1946, and Services (Contin-
uance) Order, 1955.
No. 1 of 1956.
DEFENCE REGULATIONS,
1939.
1. SHORT TITLE. ‘This Order
may be cited as the Control of Prices
(Amendment No. 1) 1955, and shall
be read together with the Control of
Prices Order, 1944 (No. 9 of 1944), as
amended, hereinafter referred to as
the Principal Order.
2. AMENDMENT. List “A†of
Part I of the Schedule to the Princi-
pal Order is hereby amended by the
deletion of item 3.
Dated the 4th day of February,
1956.
ALEC LOVELACE,
Administrator.
Competent Authority.
Ref. No. T.P. 40/18—III.
By virtue of the provisions of
Section 3 of the Quarantine Act
No. 25 of 1944, as amended by -\ct
No. 10 of 1950, the Governor has
been pleased to appoint Dr. G. D.
McLEAN to be the Qnarantine
Authority for the Presidency of
St. Kitts-Nevis-Anguilla, in place of
Dr. P. I. BOYD, with effect from the
10th February, 1956.
The Secretariat,
Antigua.
10th February, 1956.
13/00096.
Flour—Removal of Price
Control
1. The Government of Antigua
has decided to discontinue the bulk
purchasing and price control of flour
and to allow the importation and
distribution of this commodity to
revert to private commercial channels,
subject only to the requirements of
currency control.
2. Order No. 1 of 1956, Defence
Regulations, 1939, giving effect to the
above decision was made by the
Competent Authority on 4th Febru-
ary, 1956, and is being published
concurrently with this Press Release.
3. The position following de-
control will be very closely watched
and should there be any increase in
the price, or deterioration in the
quality of fiour, the matter will be
re-examined with a view towards the
reimposition of controls.
Ministry for Trade & Production,
St. John’s,
Antigua.
14th February, 195€.
Ref. No. T. P. 40/18—III.
Under the provisions of Section 3
of the Central Board of Health
(Constitution and Temporary Powers)
Ordinance, 1954, (No. 15 of 1954) the
Governor-in-Council has been pleased
to appoint Mr. JOHN LAWRENCE and
Mr. ROBERT G. ARMYTAGE, Colonial
Engineer, as members of the Central
Board of Health in place of Mr.
D. W. Hurst anD Mr. R. TAYLOR
with effect from 19th January and
31st January respectively.
Administrator's Office,
Antigua.
Ref. No. 8.8. 9/39.
38
Under the provisions of Section
4(4) of the Slum Clearance and
Housing Ordinance, 1948 (No. 3 of
1948) His Excellency the Governor
has approved of the appointment of
Mr. ROBERT G, ARMYTAGE, Colonial
Engineer, Public Works Department,
Antigua, vice Mr. R. TAYLOR, and
Mr. MAaLcoLM DANIEL «as members of
the Central Housing and Planning
Authority with effect from the 19th
January, 1956, up to and including
the 3lst March, 1956.
2. Mr. DANIEL was recommended
by the Antigua Legislative Council.
Ref. No. A. 13/12—II.
No. 17.
Appointments and transfers etc.,
‘in the public service, with effect from
the dates stated, are published for
general information:—
ALLAWAY, Miss I. H., to be Junior
Clerk, Post Office, Antigua.
Jan. 1, 1956
ARCHIBALD, K., to be Junior Clerk,
Audit Office, (St. Kitts) on three
years’ probation. Dec. 8, 1955
Ref. No. P.F. 625.
ARMYTAGH, R. G., to be Colonial
Engineer, Public Works Depart-
ment, Antigua. Doe. 20, 1955
BENJAMIN, Miss C., to be Junior
Clerk, Treasury, Antigua.
July 4, 1955
BENJAMIN, G. W., to be Junior Clerk,
Customs, Antigua. Jan. 1, 1956
BuRTON, G., Junior Clerk, Treasury
Antigua, resigned. Feb. 6, 1956
CAMACHO, R. V., Agricultural Assis-
tant IIIB to be Fishery Officer,
Antigua. Jan. 1, 1955
DANIEL, Miss E..to be Junior Clerk,
Customs, Antigua. Jan. 1, 1956
EDWaRbps, Mc. K., to be Agricultural
Assistant Grade 1V, Peasant Devel-
opment Services, Avgricuitural
Department, Antigua.
July 1, 1954
GARDNER, Miss M., to be P.O. Cl. II,
(Student Laboratory Assistant).
Jan. 1, 1956
GoopwIn, Mrs. I., Certificated Ele-
mentary School Assistant, Cl. IT,
Education Dept., Antigua, appoint-
ment terminated. Jan. 1, 1956
Henry, R. B., to be Junior Clerk,
Peasant Development Services,
Agricultural Dept., Antigua.
Jan. 1, 1956
Henry, W., P.O. Cl. II, Central
Board of Health, Antigua, retired.
Feb. 1, 1956
Huu, I., to be Junior Clerk, Public
Works, Dept., Antigua.
Jan. 1, 1956
HUuGGINS, Mrs. C., to be Junior Clerk,
Education Dept., Antigua.
’ Feb. 1, 1956
THE LEEWARD ISLANDS GAZETTE.
JAMES, W., P.O. Cl. II, Central
Board of Health, Antigua, retired.
Feb. 1, 1956
JARVIS, Mrs. H., Uncertificated
Teacher, to be Certificated Elemen-
tary School Assistant, Grade IT;
Edueation Dept, Antigua.
Jan. 1, 1956
JOHN, i. A. M., Prison Officer, Grade
Ill to be Junior Clerk, Adminis-
tration, Antigua. Jan. 1, 1956
JOHN, R. A., to be Junior Clerk,
Education Department, Antigua.
Jan. 1, 1955
JOSEPH, T., to be Junior Clerk,
Administration, Antigua.
Jan. 1, 1955
LAKH, Miss R., Junior Clerk, Admin-
istration to be Junior Clerk, Post
Office, Antigua. Jan. 1, 1956
LAURENT, Mrs. S., to be Junior Clerk,
Customs, Antigua. Jan. 1, 1956
Lerr, Miss R., Junior Clerk, Public
* Library, Antigua, resigned.
Feb. 1, 1956
Lewis, A. B., Senior Clerk (Super-
numerary) Secretariat, to be Senior
Clerk, Labour Dept., Autigue.
Feb. 1, 1956
MARTIN, Miss E. to be Junior Clerk,
Treasnary, Antigua.
Jan. 1, 1956
McDonaup, H. E., Senior Clerk,
Labour Dept. to be Senior Clerk,
Treasury, Antigua. Feb. 1, 1956
Mwuany, E. L. I., Junior Clerk, Public
Works Department, Antigua,
dismissed. Jan. 1, 1956
MERCIER, Miss A., to be Junior Clerk,
Post Office, Antigua.
Jan. 1, 1955
MICHAEL, D., to be Junior Clerk,
Peasant Development Services
Agricultural Department, Antigua.
Dec. 1, 1954
OWEN, Miss M.,to be Junior Clerk,
Public Library, Antigua.
Jan. 1, 1956
be Junior Clerk,
Jan. 1, 1955.
PETERS, B., to
Customs, Antigua.
PETERS, B. Junior Clerk, Customs,
to be Junior Clerk, Administration,
Antigua. Aug. 8, 1955
RICHARDS, Miss C. F., to be Junior
Clerk, Post Office, Antigua.
. Jan. 1, 1956
SAMUEL, Miss M., Certificated Ele-
mentary School Assistant Cl. IT,
Education Dept, Antigua,
dismissed. Jan. 9, 1956
SOUTHWELL, C. S., to be
Clerk, Peasant Development
Services, Agricultural Deot.,
Antigua. July 17, 1954
STAMERS, Miss G.. to be Junior Clerk,
Public Works Dept., Antigua.
Jan. 1. 1955
THIBOU, G. A.. Principal, Admins’ ra-
tion, to be Snperintenden: of
Telephones, Antigua.
Nov. 12, 1955
Junior
{16 February, 1966.
THOMAS, Miss F. A. to be Junior
Clerk, Post Office, Antigua.
Jan. 1, 1955
TODMAN, Mc. W., Principal, Admin-
istration, British Virgin Islands, to
be Assistant Administrative
Sceretrry, Antigua. Jan. 1, 1956
WILLOCK, M., to be Junior Clerk,
Post Office, Antigua.
Oct. 1, 1954
WINTHROPE, Miss G., to be Junior
Clerk, Post Office, Antigua.
Jan. 1, 1955
WINTHROPE, Miss G., Junior Clerk,
Post Office, to be Junior Clerk,
Public Library, Antigua.
Feb. 2, 1956
WILLIAMS, J. K., to be Junior Clerk,
Treasury, Antigua. Jan. 1, 1956
No. 18.
The Governor has, this day, been
pleased to assent to the undermen-
tioned Ordinance:—
Antigua.
No. 19 of 1955, “The Old Metal
and Marine Stores Ordinance, 1955.
Feb. 11
No. 19.
The following Ordinances, Public
Service Commission Instructions,
Montserrat, 1956, and Statutory Rule
and Order are circulated with this
Gazette and form part thereof:—
ORDINANCES.
Antigua.
No. 1 of 1956, “The Trade Licences
and Tax (Amendment) Ordinance,
1956. lpp. Price 3 cts.
No. 2 of 1956, The Package Tax
(Repeal) Ordinance, 1956.â€
lpp. Price 3 ets.
Montserrat.
No. 7 of 1955, “The Supplementary
Appropriation (1953) Ordinance,
1955.†2pp. Price 4 cts.
No. 10 of 1955, ‘‘ The Prison Ordi- .
nance, 1955.†8pp. Price 10 ets.
Virgin Islands.
No. 14 of 1955, “ The Supplemen-
tary Appropriation (1954) Ordinance,
1956.†Qpp. Price 4 cts.
INSTRUCTIONS
Montserrat.
“The Public Service Commission ..
Instructions, 1956.â€
‘wp. / rice 15 ets.
STATUTORY RULE & ORDER.
Montseri at.
No. 2 of 1956, “The !’ubl-c Service
Commission Regulation Ate
opp. 2 8 cts.
-16 February, 1956.]
Tenders are invited for the supply
-of the undermentioned items to
“Government departments in Antigua
for the prriod Ist April to 31st
December, 1956.
All tenders must be addressed to
the Administrator of Antigua in
sealed envelopes marked ‘ Tender for
the Supply of Petrol and diesel oil
and lubricating oil’ and delivered to
the Administrator's Office not later
than 12 o’clock on Saturday the 31st
-day of March, 1956.
Government does not bind itself to
saccept the lowest or any tender:—
Petrol
Diesel oil
Lubricating oil.
Administrator's Office,
St. John’s,
Antigua.
14th Febuary, 1956.
Ref. No. A. 41/36.
TRADE MARKS OFFICE,
ANTIGUA, 13th February, 1956.
CREAM OF WHEAT (CANADA)
LTD., of 312 Chambers Street, Win-
nipeg, Manitoba, CANADA, have
applied for Registration of one Trade
Mark consisting of the following:—
an Class 42 that is to say: Cereal
foods.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since Ist
‘October, 1938, before the date of their
said Application.
Any person may within three
months from the date of the
first appearance of this Advertise-
ment in the ‘Leeward Islands
Gazette,†give notice in duplicate at
the Trade Marks Office, Antigua, of
opposition to registration of the said
‘Trade Mark.
CEcCIL O. BYRON,
Acting Registrar of Trade Marks.
THE LEEWARD ISLANDS GAZETTE.
TRADE MARKS OFFICE,
ANTIGUA, 9th February, 1956.
ASAHI KASEI KOGYO KABU-
SHIKI KAISHA of 1, Soze-cho,
Kita-Ku, Osaka, Japan, have applied
for Registration of one Trade Mark
consisting of the following:—
ASAHI BEMBERG
in Class 50 that is to say:—‘ Artifi-
cial Silk yarns, threads and fabrics â€.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for seven
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 “ Leeward Islands Gazette,†give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.
CECIL O. BYRON,
Actiny Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 9th February, 1956.
CREAM OF WHEAT (CANADA)
LTD of 312 Chambers Street, Wini-
peg, Manitoba, Canada, have applied
for Registration of one Trade Mark
consisting of the following:—
in Class 42 that is to say:—Cereal
foods.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since 15th
July, 1924 before the date of their
said Application.
Any person muy within three
months from the date of the first
appearance of this Advertisement
in the ‘* Leeward Islands Gazette,â€
give notice in duplicate at the Trade
Marks Office, Antigua, of opposition ‘
to registration of the said ‘Trade Mark,
CECIL O. BYRON
Acting Registrar of Trade Marks.
- Windward Islands
39
LEEWARD ISLANDS
The Patents Act, 1906, Cap.
147 Federal Acts.
Acceptance of Complete Specification
In the matter of an application
by HENRY LOUIS’ IMEL-
MANN of 933 South State Road,
Arlington Heights, State of
Illinois, United States of
America, for Letters Patent for
an ‘Invention for converting
heat directly to electricity by the
phenomenon of thermoelectri-
cityâ€,
Notice is hereby given that the
complete Specification left with the
above application on the 20th day of
December, 1955, has been accepted
and that the said application and
specification will be open to public
inspection any time between the
hours of 9.00 a.m. and 3.30 p.m. on
all working days except Saturdays
when the hours will be from 9.00 a.m.
to 12.00 noon.
Any person desiring to oppose the
grant of Letters Patent on the above
application on any of the grounds
allowed by the above cited Act, may
give notice of such opposition in the
prescribed manner at the Registrar’s
Office at any time within three
months from the date of this
advertisement.
CECIL O. BYRON,
Acting Registrar of Patents.
Registrar’s Office,
St, John, Antigua.
9th February, 1956.
7 ——
In the Supreme Court of the
Windward Islands and
Leeward Islands.
SAINT CHRISTOPHER CIRCUIT.
A.D. 1956.
NOTIGH is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
and Leeward
Islands (Courts) Order -in-Council
1939, and duly approved as therein
provided on the L6th day of October,
A.D. 1941, The Honourable’ the
Puisne Judge selected for the sitting
of the Court in the Saint Christopher
Circuit has appointed the day of the
month on which the ensuing Circuit
Court shall sit as follows, that is
to gay :—
The Saint Christopher Circuit on
TUFSDAY the 28th day of FEBRU-
ARY, 1956 at 100’clock in the
forenoon.
Dated the 4th day of February,
1956.
A. R. MEADE,
Acting Registrar.
36/00007.
40
It is hereby notified for general
iuformation that in accordance with
Financial Instructions 170 (a) all
persons who have not received com-
pensation or costs in respect of cases
adjudicated before the Ist January,
1956 and which compensation or
costs are in the custody of the
Magistrate, should apply to the
Magistrate’s Office BEFORE the 31st
May, 1956, failing which these
amounts will be credited to revenne.
DESMOND A. MCNAMARA,
Magistrate.
6th February, 1956.
INCOME TAX NOTICE.
The Income Tax Ordinance No.
7 of 1945 (as amended).
PUBLIC OFFICERS AND PENSIONERS.
Any public officer or pensioner
liable to pay income tax whose
income ineluding that of his wife
consists solely of his andfor her
emoluments as a public officer or
pensioner or other allowance from
public funds, shall deliver a true
and correct return of his whole
income to the Commissioners not
later than the 31st day of January,
1956. (Section 67 and S. R. & O.
1946, No. 13).
OTHER PERSONS.
Every person (including a com-
pany) liable to pay income tax shall
deliver atrue and correct return of
his whole income not later than the
3lst day of March, 1956 (Section 67
and 8. R. & O. 1946, No. 13).
AGENTS, TRUSTEES, ETC.
Any person having the direction,
control or management of any
property or concern, or being in
receipt of income; on behalf of any
person, whether resident or non-
resident, as attorney, factor, agent,
trustee, curator or committee
should wnake and deliver to the
Commissioners a return in respect
of such property, concern or income
not later than the 31st day of March,
1956. (Sections 28 and 29).
GENERAL.
Any person tay be considered to
be “liable to pay income tax†if his
income from all sources exceeds one
hundred and twelve pounds ($537.60).
All claims for deduction from
income tax must he substantiated by
the production of receipts or other
bona fide evidence.
PENALTIES.
Any person liable to pay income
tax who fails to make or deliver a
return within the prescribed period
Printed at the Government Printin,
THE LEEWARD ISLANDS GAZETTE.
shall be guilty of an offence against
this Ordinance and shall be liable on
conviction to a penalty not exceed-
ing one hundred pounds, and in
default of payment to imprisonment
with or withont hard labour for a
term not exceeding six months.
Section 68.
Any person who makes or delivers
a false return or keeps or prepares
any false accounts or particulars
concerning any income on which
tax is payable shall be guilty of
an offence and shall be liable on
conviction to a fine not exceeding
five hundred pounds, or to imprison-
ment with or without hard labour
for a term not exceeding six months.
(Section 64).
E. G. O. M. BERRIDGE,
for the Commissioners.
HARBOUR NOTICE.
BOAT LICENCES
The attention of owners of boats
is drawn to the following provisions
of the Porters, Watermen, and Boats
Licensing Ordinance, 1909, as
amended—
1. Within twenty days after the
first day of January in each year
every owner of every drogher,
lighter, flat, boat, or craft of
any description whatever, ply-
ing or engaged in any way at
or about this Island (except such
boats as are carried by registered
vessels) shall apply to the Har-
bour Master for a licence to
possess and use such drogher,
lighter, flat, or craft (Section
14 (1).)
Any person owning or being in
possession of a drogher, lighter,
flat, boat, or craft required to be
licensed under this Ordinance,
and who fails to licence the same
within the time prescribed by
this Ordinance, shall be liable
on summary conviction to a
penalty not exceeding five
pounds besides the amount of
licence imposed by this Ordi-
nance in respect to such drogher,
lighter, flat, boat, or craft (Sec-
tion 29).
2. Every drogher, lighter, flat, boat
or craft licensed as before men-
tioned not being a _ registered
vessel within the meaning of
the Harbour and Roadsteads Act,
1894, shall have the number of
such licence, and the name of the
owner, legibly painted on the
stern in letters and figures not
ANTIGUA.
Government Printer.—By Authority.
1956,
g Office, Leeward Islands, by E.:
less than one and a half inches:
in length, and the said stern shall
be bona fide a fix part of. the
drogher, lighter, flat, boat or
craft, and not a shifting board
moveable at pleasure; and if any
person shall be employed or
shall ply in any such flat, boat
or craft as a boatman without
having the number of the
licence so thereon painted as
aforesaid he shall forfeit and
pay @ penalty not vacecding ten
shillings (Section 18). .
3. lt any drogher, lighter, flat,
boat or craft shall, in the opinion
of the owner, become unfit for
use, such owner shall within
twenty days after the first day
of January of the year succeed-
ing that in which such drogher,
lighter, flat, boat or craft became
unfit for use make declaration
before the Harbour Master that
such drogher, lighter, flat, boat,
or craft, in respect to which no
such declaration as aforesaid has
been made or a licence granted
shall be liable on summary
conviction to a@ penalty not
eaceeding ten pounds (£10).
(Section 30)
Ki. H. BLANCHARD,
Harbour Master.
28th January, 1956.
TRAFFIC NOTICE.
The Vehicles & Road Traffic
Ordinance, 1956.
By virtue of the powers conferred
on me in Section 2 of the Vehicles
and Road Traffic Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hercunder for the lighting of
vehicles.
Until further notice, the lighting
period of vehicles shall be from
6.15 p.m. to 6 a.m.
Dated this 4th day of February,
1956.
K. M. V. JAMgS, Lt. Col.
Traffic Commissioner.
RAINFALL FIGURES.
Oentra] Experiment Station,
Antigua.
Month. 1952. 1983. 1934, 1985. 1986,
Jan. 241 1.98 8,04 216 6.15
Feb. 11th 92 62 60 17 61
333 205 8.64 238 B76
M BLACKMAN,
[ Price 53 cents. }
[16 February, 1956 ©
No. l of 1956. Trade Licences and Tax (Amendment).
L.8.]
I Assent, .
k. W. Buackaurnr,
(rovernor.
19th January, 1956.
ANTIGUA.
No. 1 of 1956.
An Ordinance to amend further the Trade Licences
and Tux Ordinance, 1938.
(19th January, 1956 |
ENACTED by the Legislature of Antigua
as follows:—
1. This Ordinance may be cited as the Trade
Licences and Tax (Amendment) Ordinance, 1956
and shall’be read as one with the Trade Licences
and Tax Ordinance 1938, as amended, hereinafter
called the Principal Ordinance.
2. Section 13 and Schedule the
Principal Ordinance are hereby repealed.
)D to
3. Section 16 of Principal Ordinance is
hereby amended by the deletion of the words “ or
tax†appearing in lines 7 and 9.
Anrec LoveLack,
President,
19th
Passed the Legislative Council this
day of January, 1956.
F. A. CLARKE,
Acting Clerk of the Council.
ANTIGUA.
ANTIGUDA.
Commence-
ment.
Short. title.
16/1938.
17/1939.
Repeal of
section 13 and
Schedule D to
Principal
Ordinance.
Amendment
of section 16
of Principal
Ordinance,
Printed at thy Government Printing Office, Leeward Islands.
by E. M. BuackMan, Government Printer.—Hy Authority.
1956
—500—2.56.
Price 3 cents.
No. 2 of 1956. Package Tax (Repeal). ANTIGUA.
[L.8.]
I ASSENT,
K. W. BiackBurngE,
Governor.
19th January, 1956.
ANTIGUA. .
No. 2 of 1956.
An Ordinance to repens! the Package Tax Ordinance,
1941. - .
[19th January, 1956 | Commence-
- . ment.
ENACTED by the Legislature of Antigua as
follows:—
1. This Ordinance may be cited as the Short title.
Package Tax (Repeal) Ordinance, 1956.
2. The Package Tax Ordinance 1941 is Repeal of
Ordinance
hereby repealed. No. 3/1941.
ALEC LOVELACE,
President.
Passed the Legislatve Council this loth day of
January, 1956.
F. A. CLARKE,
Acting Clerk of the Council.
ANTIGUA.. '
Printed at the Government Printing Office, Leeward Islands,
oy E. M. Buackman, Government Printer.—By Authority.
1956,
-—500— 2.56. Price 3 cents.
No. 7 of 1955. Supplementary Appropriation
(1953)
[L.S. ]
I ASSENT,
k. W. "BLACKBURNE,
Governor.
30th December, 1955.
MONTSERRAT.
No. 7 of 1955.
An Ordinance to sanction certain payments
from the Public Treasury in excess of the
sums placed on the HEstimates for the year
ended the thirty-first day of December, 1953.
ENACTED by the Legislature of Montserrat
as follows:——
1. This Ordinance may be cited as the Sup-
plementary Appropriation (1953) Ordinance, 1955.
2. The various sums of money set forth in
the Schedule to this Ordinance amounting in all to
one hundred and sixteen thousand seven hundred
and thirty-fise dollars and thirty-nine cents, and
drawn from the Public Treasury for the service
of the year ended the thirty-first “day of December,
1953, under the Warrant of the Governor, but not
provided for in the Estimates for the said year,
are hereby declared to have been lawfully expended
for the services mentioned in the said Schedule.
CuaRLesworTH Loss,
President.
Passed the Legislative Council this 21st day
of December, 1955.
Js. H. Carrort,
Clerk of the Counetl,
MONTSERRAT,
Short title.
Legalization
of expendi-
ture.
MonTserkatT, 2 Supplementary Appropriation No 7 of 1955.
(1958).
SCHEDULE.
Head. Service, Amount.
$
I. Charges on Public Debt we.) oLGLLO
Il. Pensions and Gratuities we. 6218.02
IV, Administration wee 7377.88
Vi. Treasury, Customs & Port we 516.43
VIII. Water bee 49.66
XIII. Hospital, Infirmary, ete. a 9111.92
XIV. Edueation oe 6634.45
XV. Magistrate - 232.05
XIX. Public Library vas 208.80
XX. Supply Office wee 244.00
XXII. Miscellaneous vee 13561.14
XXIII Post Office & Telephones Lee 13056.36
XXIV Public Works Department vee 577.15
XXVIII Otway Settlement ves 1238.13
XNXTX. Storm Damage .. ~—- 97548.30
Total .. 116735.39
ANTIGUA.
Printed at the Government Printiny Office. Leeward Islands
by E. M. Buackman, Government Printer.—By Authcrity.
1956,
47/00002—500—2.56. [Price 4 cents. |
No. 10 of 1955. Prison.
. [L.8.]
I ASSEN'T,
K. W. Brackxsurnr,
Governor.
7th January, 1956.
MONTSERRAT.
No. 10 of 1955,
An Ordinance to provide for the establishment, manage-
ment, supervision and control of Prisons in the
Presidency.
ENACTED by the Legislature of Montserrat.
1. This Ordinance may be cited ag the Prison
Ordinance, 1955, and shall come into operation ou a date
to be fixed by the Governor by Proclamation published
in the Gazette.
2. Inthis Ordinance unless the context otherwise
requires—
“prisoner� means any person lawlully sentenced or
ordered to be imprisoned or detained in prison;
“prison†means gaol, and includes the airing ground
or other ground or buildings ocenpied by prison
officers and contiguous thereto and any other
place which the Governor shall by preclamation
published in the Gazelfe declare to he a prison.
PROVISION, MAINTENANCE AND CLOSING OF PRISONS.
8. There shall be provided and maintained at the
expense of the Presidency, adequate accommodation for
its prisoners in a prison:
Provided however that the buildings and premises in
the Presidency now used asa prison shall continue to be
used as the prison for the Presidency.
4. The Governor may with the approval of the
Legislative Council alter, enlarve or rebuild any prison in
the Presidency or may, if necessary, build new prisons in
lieu of or in addition to any existing prisons.
5. (1) The Governor may at any time by proclama-
tion declare any prison in the Presidency to be closed;
and every prison which the Governor shall so declare to
be closed shail, as from the date of the proclamation,
cease to be used as a prison accordingly,
MONTSERRAT.
Short title
and Com-
mencement.
Interpreta-
tion.
Presidency
to provide
and maintain
prison,
Power to
alter prisons
and build
new ones.
Closing of
prisons.
*
MONTSERRAT.
Visiting
Comittee,
Prison
officers,
Powers of
prison officers,
Place of
coufinement
of prisoners,
2 Prison. No. 10 of 1955.
(2) Persons committed to any prison closed under
this section shall, upon the closing of such prison, be
deemed to be committed to the prison nearcst thereto, or
to such other prison ag the Governor may appoint or
determine.
VISITING COMMITTEE.
6. (1) Rules made under section 28 of this Ordi-
nance shall provide for the constitution by the Governor
of a visiting comunittes of a prison consisting of Justices
of the Peace of the Presidency appointed at such times,
in such manner and for such periods as may be preseribed
by the Rules.
(2) Rules made as aforesaid shall prescribe the
fnnetions of the visiting committee and shall among
other things require members to pay frequent visits toa
prison and hear any complaints which may be made by
the prisoners, to consider periodically the character,
conduct and prospects of each prisoner and report to the
Governor any matter which they consider it expedient to
report; and any member of the visiting committee may at
any time enter the prison and shall have free access to
every part of it and to every prisoner,
PRISON OFFICERS.
4. (1) The Governor shall appoint an officer with
stich title us he may approve who shall be in charge of
the prison in the Presidency and shall superintend and
manage the same.
(2) In addition to the officer appointed under sub-
section (1) of this section the Governor shall appoint such
other officers including an honorary chaplain, as may be
necessary, for the efficient management of the prison.
(3) The duties of the officers appointed by virtue of
subsections (1) and (2) of this section shall be such as
may be prescribed by Rules made under section 28 of
this Ordinance.
8. Every male prison officer while acting as such
shall have all the powers, authority, protection and
privileges of a constable.
CONFINEMENT AND TREATMENT OF PRISONERS.
9. (1) A prisoner, whether sentenced to imprison-
ment or committed to prison on remand or pending trial
or otherwise, may be lawfully confined in any prison.
(2) Prisoners shall be committed to such prisons ag
the Governor may from time to time direct; and may by
direction of the Governor be removed during the term of
their imprisonment from the prison in which they are
confined to any other prison in the Presidency.
No. 10 of 1955. = Prison. 3
(3) A writ, warrant or other legal instrnment ad-
dressed to the officer in charge of « prison and identifying
that prison by its situation or by any other sufficient
deseription shall not be invalidated by reason only that
the prigon is usually known by a different deseription.
- 10. (1) Every prisoner shall be deemed to be in the
legal custody of the officer in charge of the prison.
(2) A prisoner shall be deemed to be in legal custody
while he is confined in, or is being taken to or from, any
prison and while he is working, or is for any other reason,
outside the prison in the custody or under the control of
an officer of the prison.
11. (1) Except as provided by this section, corporal
punishment shall not be inflicted in any prison.
(2) Rules made under section 28 of this Ordinance
may authorise the infliction of corporal punishment for
mutiny, incitanent to mutiny, or gross personal violence
to an officer of a prison when committed by a male
prisoner.
(3) The rules shall not authorise the infliction of
corporal punishment except by order of the visiting
committee made ata mecting at which not less than three
members are present; and no such order shall be made
except after an inquiry in which the evidence is given on
oath:
Provided that the Governor may, if he thinks fit in
any particular case, direct that the functions exercisable
as aforesaid by the visiting committee shall be exercised
by a magistrates appointed by him im that behalf.
(4) Vhe punishment which may be inflicted under
such an order as aforesaid shall not exceed—
(a4) in the case of a person appearing to the
visiting committee or magistrate to be not less than
twenly-one yoars of age, cighteen strokes of a
cat-o'-nine-tails or tamarind rod; or
(4) in the case of a person appearing to them or
him to be under that age, twelve strokes of a
tamarind rod,
and if corporal punishment is inflicted, no further
punishment by way of confinement in cells or restricted
diet shall be imposed.
(5 Where an order for the infliction of corporal
punishment has been made under this section, a copy of
the notes of the evidence given at the iuqniry, a copy of
the order anba statement of the vrounds on whieh it was
made shall fortr with b- given to the Governor: and the
order shall be carried inte effect only after confirmation
by the Governor and, if the Governor confirms the order
with modifications, in accordance with the modifications,
MONTSERRAT,
Legal custody
of prisoner.
Corporal
punishment
in prisons,
MONTSERRAT,
Duly of officer
ia charge to
deliver calen-
dav of pri-
SONOCLS,
Removal of
prisoners for
Judicial and
obher pur-
poses. S.RL&
O. 1s40 No,
22 (General
Government).
Lhomoveal of
prisoners
fron. prison
in one
Presidency.
4 Prison, No. 10 of 1955.
(6) A refusal by the Governor to confirm such an
order as aforesaid shall not. prejudice any power to
impose another punishinent for the offence for which the
order Was nade,
12. The officer in charge of evary prison in which
persous committed for trial before a Cireuit Court are
confined shall deliver to that Court «a calendar of those
persons,
18. (1) Rules made under scetion 28 of this Ordi-
tance may provide in what manner an appellant within
the meaning of the Windward Tstands and Leeward
Islands Court of Appeal Rules, 1940, when in custody, is
to be taken to, kept in custody at, and brought back fron,
any place at which he is entitled io be present for the
purposes of those rules, or any place to which the Court
of Appeal for the Windward Istunds and Leeward Islands
or any judge thereof may order him to be taken for the
purpose of any proceedinus of that Court.
(2) The Governor may-——
(a) if he is satistied that the attendance at any
place in the Presideney of a person detained in a.
prison in the Presideney is desirable in the interests
of justice or for the purposes of any public inquiry,
direct him to be taken to that place;
(b) if he is satisfied that a person so dctained
requires medical or surgical treatment of any descrip-
tion, direct him to be taken to u hospital or other
suitable place for the purpose of the treatment,
and where any person is directed under this subsection
to be taken to any place he shall, unless the Governor
otherwise directa, be kept in custedy while being so
taken, while at thar place. and while being taken back to
the prison in which he is required in accordance with
law to be detained.
(3) It shall be lawful for any magistrate, in any case
where he may see fit to do so, upon application to issue a
warrant or order under lis hand for any prisoner to be
taken from tie prison to lis Court for the purpose of
answering any chorve that inay be preferted agatust him,
14. The Governor may by writing under his hand
order any prisoner in the Presidency to be removed to a
prison in another Presidenes there to undergo the period
of his imprisonment or detention:
Provided however that po order shail be made ander
this section unless the cousent of the Government of the
Presidency to Which the prisoner is to be removed hag
béen first obtained.
No. 10 of 1955. Prison. 5
15. For the purpose of taking a person to or from
any prison nnder the order of any anthority competent to
give the order a coustable or other officer muy act outside
the area of lis jurisdiction and shall notwithstanding that
he is so acting have all the powers, authority, protection
and privileges of his office.
16. (1) In any sentence of imprisonment the word
“month†shall, unless the contrary is expressed, be
construed as meaning calendar month.
(2) A prisoner who but for this subsection would be
discharged on a Sunday, Christmas Day or Good Friday,
shall be discharged on the day next preceding.
17. (1) Rules mate uuder section 28 of this Ordi-
nance may make provision whereby, in such cireumstanees
as may be prescribed by the rules. a person serving a
sentence of imprisonment for such a term as may be so
prescribed may be granted remission of such part of that
sentence as may be so prescribed on the ground of his
industry and good conduct, and on the discharge of a
person from prison in pursuance of any such remission as
aforesaid his sentence shall expire.
(2) Rules made as aforesaid may also provide for the
award of gratnitics on their discharge to prisoners who
have been sentenced to imprisonment with hard labour
for a term of or exceeding twelve months.
18. (1) Ifthe Governor is satisfied that by reason
_ of the condition of a prisoner’s health it is undesirable to
detain him in prison, but that, such condition of health
being due in whole or in part to the prisoncr’s own
conduct in prison, itis desirable that his release should be
temporary and conditional only, the Governor may, if he
thinks fit, having regard to all the circumstances of the
ease, by order authorise the temporary discharge of the
prisoner for such period and subject to such conditions as
may be stated in the order.
(2) Where an order of temporary discharge is made
in the case of a prisoner not under sentence, the order
shall coutain conditions requiring the attendance of the
prisoner at any further proceedings on his case at which
his presence may be required.
(3) Any prisoner discharged under this section shall
comply with any conditions stated in the order of
temporary discharge, and shall return to prison at the
expiration of the period stated in the order, or of snch
extended period as may be fixed by any sabsequent order
of the Governor, and if the prisoner fails so to comply
or return, he may be arrested without warrant and taken
back to prison.
MonTsEBRAT,
Power cf
constable etc.
to act outside
his jurisdic-
tion.
Calculation
of term of
sentence.
Remission for
good conduct
and award of
gratuities.
Power of
Governor
to discharge
prisoners
temporarily
on account
of ill health.
MONTSERRAT.
Hseape, at-
tempt to
escape, and
prison breach,
Rescue, or
promotion
of rescue of
prisoners,
Wilfally
permitting
. prisoner to
ESCLpe,
Neclivently
permitting
prisoner to
UsCape,
6 Prison. No. 10 of 1955.
(4) Where a prisoner under sentence is discharged in
pursnance of an order of temporary discharge, the
currency of the sentence shall be suspended from the day
on whieh he is discharged from prison under the order to
the day on which he is received back into prison, so that
the former day shall be reckoned and the latler shall not
be reckoned as part of the sentence.
(9) Nothing in this seetion shall affect the dutics of
the medical officer of a prison in respect of a prisoner
whom the Governor does not thiuk fil to discharge under
this section.
OFFENCES.
19.
very prisoner who—
‘ “« :
(7) escapes or attempts lo escape from any
prison wherein he ts lawfully coufined: or
(6) escapes or atiempts to escape daring the time
of his conveyance to or froma prison, or whilst on
his way to or from any road or public work, or
during the time of his employment therein; or
(e) forcibly breaks out of any cell or other place
in which heis lawfully confined or makes any breach
therein with intent to escape,
shall be gnilty of an offence against this Ordinance and
en conviction thereof on indietment he liable to imprison-
ment fora period not -xcemding two years.
20. Every person who rescues, or attempts to
rescue any person who has been Gonviel}d, or who is in
eustody, ona charge of felony, shall be giilty of felony
and shall be Hable to be imprisoned. with or without
hard Jabot, for any term not exceeding three years: and
every person who or attempts to rescue, any
person who has been convicted, or who is in ensiody, on
a criminal charge other than felony, shall be euilty ofa
misdemeanour, and shall be liable io be Tmprisoned, with
ox without hard Jabour, for any term not exceeding
eighteen months: and all persons aiding, assisting or
abetting the commission of any such offence as aforesaid
shall be Hable to be prosecuted and punished in the same
manner as principals. ,
21. fivery person having the custody of a prisoner,
who shall knowingly and wilfully allow bit to eseape,
shall be liable to be imprisoned, with or without hard
labour, for any term not exceeding two years.
PEseles,
22. vers person having the cusiody of a prisoner,
who, through neghsenes or careloxsness, allows any such
prisoner to escape, shall be Halide to fie or imprisonment,
or both, at the discretion of the Court.
No. 10 of 1955. Prison. 7
23. Any person who assaults or resists any prison
officer in the excouticn of his duty, or aids or excites ay
person so to assault or resist any such officer shall be
liable on summary conviction to a penalty not exceeding
one hundred dollars, or to imprisonment with or without
hard labour, for any term not exceeding two months: or,
if the offender be a prisoner, he shall be liable, on
conviction on indictment, to be imprisoned with or with-
out hard labour, for any term not exceeding one year:
Provided however that no prisoner shall be liable
both to punishment under this section and section LI of
this Ordinance for an assault against a prison officer,
24. Any person who aids any prisoner in escaping
or attempting to escape from a prison or who, with
intent to facilitate the escape of any prisoner, conveys
any thing into a prison or toa prisoner or places anything
anywhere outside a prison with a view to its coming into
the possession of a prisoner, shall be guilty of felony and
liable to imprisonment for » term not exceeding two
years,
25. Any person who contrary to the rules ofa
prison brings or attempts to bring into-the prison or toa
prisoner any spirituous or fermented liquor or tobacco, or
places any such liquor or any tobacco anywhere outside
the prison with intent that it shall come into the
possession of a prisoner, and any officer who contrary to
those rnles allows any such liquor or any tobacco to be
gold or used in the prison, shall be liable on summary
conviction to imprisonment for a term not exceeding six
months or a fine not exceeding one hnndred dollars.
26.
prison conveys or attempts to convey any letter or any
other thing into or out of the prison orto a prisoner Or
places it anywhere outside the prison with intent that it
shall come into the possession of a prisoner shall, where
he is not thereby guilty of an offence under either section
24 or section 25 of this Ordinance be liable on summary
conviction to a fine not exceeding fifty dollars.
27. The officer in charge of every prison shall
cause to be affixed in a conspicuous place outside such
prison a notice of the penalties to which persons com-
mitting offences under sections 24, 25 and 26 of this
Ordinance are liable. :
RULES.
28. (1) Subject to the provisions of the West
Indian Prison Act 1838, the Governor-in-Council may
make roles for the regulation and management of prisons
the conduct, diseipline and duties of the officers employed
therein, and the classification. treatment, employment,
discipline and contro] of prisoners.
MONTRERRAT
Assaulting
or 1ésisting
prison officers,
Assisting
prisoner to
escape,
Unlawful
conveyance
of spirits or
tobacco into
prison ete.
Unlawful
introduction
of other
articles.
Display of
netice of
penalties,
Power to
make Rules,
1&2 Vict.
c. 67
(Imperial),
MONTSERRAT. § Prison, No. 10 of 1955.
(2) Roles made under this section shall make provi-
sion for ensuring that a person who is charged with an
offence under the rules shall be given a proper opportunity
of presenting his case.
CHARLESWORTH Ross,
President.
Passed the Legislative Council this 2Ist day of
December, 1955.
Js. H. CARROTT,
Clerk of the Conneil.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M, BuackMAN. Government Printer.—By Authority.
1956,
47/00323—500—2.56. Lrice 10 cents.
No. 14 of 1955." Supplementary Appropriation VIRGIN
(7954). ISLANDS.
[L.S.]
T Assent,
Kk. W. Bracksurne,
Governor.
31st December, 1955.
VIRGIN ISLANDS.
No. 14 of 1956.
An Ordinance to sanction certain payments from
the Public Treasury in excess of the sums
placed on the Estimates for the year ended
on the thirty-first day of December, 1954.
INACTED by the Legislature of the Virgin
Islands.
1. This Ordinance may be cited as the Sup- Short title.
plementary Appropriation (1954) Ordinance, 1955.
2. The various sums set forth in the Legalization of
Schedule to this Ordinance amounting in all to expenditure.
Fifty-five thousand and sixty-one dollars and
sixty-nine cents and drawn from the Public Treas-
ury for the service of the year ended on the 31st
day of December, 1954, under the Warrant of the
Governor, but not provided for in the Estimates
for the said year, are hereby declared to have been
lawfully expended for the services mentioned in ‘
the said schedule.
H. A.C. Howarn,
President.
Passed the Legislative Council the 12th day
of October, 1955.
H. O. Crug,
(Verk of the Council.
ISLANDS.
pikes 2 Supplementary Appropriation. No. 14 of 1955.
1954).
Head.
II.
VIIl,
X,
XII.
XITIA.
SCHEDULE.
Service. Amount.
$
Pensions ; .. 1,561.27
Administration ... 7,701.64
Miscellaneous «+» 9,893.53
Post Office Les 11.51
Public Works Recurrent .. ~=—9,916.05
Public Works Deferred Maintenance 29,977.69
55,061.69
ANTIGUA.,
Printed at the Government Printin:: Office, Leeward Islands.
by E. M. BLACKMAN, Government Printer.—By Authority.
47/00140—500—2.56.
1956,
[Price 4 cants.]
Montserrat.
The Public Service Commission In-
structions, 1956, made by the
Governor under Regulation 6 of
the Public Service Commission
Regulations, 1956, (8. R. & 0.1956
No. 2) this 10th day of February,
1956.
PART LI.
PRELIMINARY.
1. (1) These Instructions may be cited as
the Public Service Commission Instructions, 1956,
(2) These Instructions shall apply to all
members of the Public Service except as provided
in paragraph 15.
2. In these Instructions unless the context
otherwise requires:—
“ Commissioner’? shall have the same mean-
ing as in the Ordinance;
Title and
Application.
Interpreta-
tion,
“appointment� means the conferment of an :
office of emolument in the public service,
whether or not subject to subsequent
confirmation, upon a person Dot in the
public service; the grant of permanent
and pensionable terms of service in a
public office toa person recruited and
serving on contract or agreement in 4a
pensionable or non-pensionable public
office; the re-engagement of a person
on contract or agreement for a further
period in the same or another public
office; the permanent transfer to an
office in the public service of a member
of the Civil Service of the United
Kingdom who is serving on temporary
transfer in an office in the public
service; the paid appointment cf a public
officer to act in any public office other
than the office to which he is substan-
tively appointed ;
“the Chairman†means the person appointed
under regulation 3 of the Public Ser-
vice Comission Regulations, 1956, as
Chairman of the Commission and _ shall
include an acting Chairman;
‘the Commission’? means the Public Service
Commission appointed under the Public
Service Commission Regulations, 1956;
“Governor†shall have the same meaning as
in the Ordinance;
‘““Member†means any person appointed
under the Public Service Commission
Regulations, 1956, as Chairman or
Member of the Commission, and_ shall
include any person appointed under those
Regulations to be a temporary Member;
‘office of emolument†means any pensiona-
ble or non-pensionable post which is
shown under a Personal Emoluments
sub-head in the current [stimates of
the Presidency ;
“officer in charge of prison discipline’’, “the
Keeperâ€, ‘‘subordinate officer†and
‘‘ Visiting Justices†shall have the same
meanings as in the Rules and Regu-
lations for the Government of Prisons
made by the Governor in Council on
the 18th day of August, 1909, as
amended ;
“promotion†means the conferment upon
person in the public service of a public
office to which is attached a higher
salary or higher salary scale than that
attached to the public office to which he
was last substantively appointed;
“public officeâ€â€™, “ public officer’ and “ public
service†shall have the same meanings
as in the Ordinance;
“the secretary’? means the person appointed
under the Public Service Commission
Regulations, 1956, as secretary of the
Commission ;
3
“salary ’? means basic salary ;
“scale� means a salary scale as from time to
time set out in the Estimates of Revenue
and Expenditure;
“the Ordinance’? means the Public Service
Commission Ordinance, 1956;
‘transfer’? means the conferment, whether
permanently or on secondment upon a
person in the public service of such
public office other than that to which
he was last substantively appointed
which involves no question of an imme-
diate promotion.
8. (1) The Commission shall advise the
Governor or the Commissioner on such appoint-
ments, promotions xnd transfers of public officers
ax are required to -be submitted to the Secretary
of State, or the Governor, or the Commissioner
for approval:
Provided that this function shall not in any
way affeer the power and authority of the
Secretary of State to fill any post of the class
referred to in paragraph 11 (1) of these Instruc-
tions in accordance with the provisions of Colonial
Regulations.
(2) The. Commission shall when required
advise the Governor or the Commissioner on—
() disciplinary procedure in accordance
with such instructions as may be issued by
the Governor;
(6) all recommendations that an officer
should be retired on the grounds of general
inefhacncs 3
(c) ich other functions as are vested
in the Governor by the Ordinance.
1/1956.
Duties of the
Commission.
Control of
reoruitment,
Principles
relating to
selection for
first appoini-
ments and
promotions.
Advertisement
of vacancies.
Principles and
dire
wpplientte te
scleetion for
promotion,
4
PART II.
APPOINTMENTS (INCLUDING PROMOTIONS
AND 'TRANSVERS).
4. In order to discharge its duties under
paragraph 3 of these Instructions the Commission
may exercise control over and may be required to
approve all schemes for aduiission to any public
office by examination, for the award of scholarships
for special training and facilites for courses of
iustruction, and over all other methods of recruit-
ment, including the appointment and procedure
of Boards for the selection of candidates, Tt may
prescribe the manner in which applications for
Government appointinents should be made and
arrange for such examinations as may be consid-
ered necessary to be held before any candidate 1s
admitted to the publie service,
5. (1) ino nmking reconmmendations for
first appointments to the public service, the
Commission shall be guided by the principle that
prior consideration shall be given to the claims
of suitably qualified local condidates.
(2) In making recommendations for pro-
motions within the public service, the Commission
shall be guided by the principle that prior
consideration shall be given to the claims of
suitably qualified public officers serving in the
Presidency.
6. Where the Commission considers it
necessary to advertise the existence of a vacancy
in the public servieo, the reqoirements of the
vacant post and the qoaelifications necessary for
lt shall be settled lv the Governor or the
Comtuissioner. ‘Phe Coimunission shall publish
the advertisement, and shall consider any replies
recelyed thereto.
?. (1) In aking recommendations for
abhe serviee the Commission
shill cocosider tive Snes of public offleers on the
poomotions tm the p
he Cdn
basis of official qualifications, experience and merit.
§
(2) Recommendations for promotion shall
state whether the person recommended is the
senior officer in his department eligible for
promotion and where this is not the case detailed
resgons shall be given in respect of each person
in that same department over whom it is proposed
that the person recommended should be promoted.
8. Where the General Orders require that
progress to a higher point in a salary scale is
dependent on the results of an efficiency bar
examinalion, the Cominission shall arrange and
conduct the said examination in accordance with
a syllabus prepared by the Commission and
published in tite Gacette.
9. The principles and procedure for imak-
ing recommendations for paid acting appointments
shall be the same as that prescribed in these
Instructions for making a promotion. When
recommending an acting appointment it shall be
stated whecher or not the officer recommended
for acting appointment is in every way qualitied
to perform all the duties of the office in which he
1s to act.
10. When it is necessary to make an
appointment, promotion or transfer, the procc-
dure preseribed in paragraphs 1] and 12 of these
Instructions shall be followed except that, where
any delay involved in carrying out such procedure
is likely to cause serious inconveniences, the
Governor or the Commissioner shall report. the
matter to the Chairman who may as a matter
of urgency recommend an acting appointment
without regard to that procedure.
11. The procedure governing recommenda-
tions for appointments, promotions and_ transfers
in the public service shall be in accordance with
the following classification :—
() Crass’ A—Posts of which tie initial
salary is not less than $4,800 per annum and
the filling of which requires the + approval of
the Secretary of State.
Efficicncy bar
eximinution.
Principles
relating to
acting
appointments.
Departure
from
procedure in
special
circumstances,
Procedure
relating to
appointments
to bo filled
otherwise
than by
exanination.
a
6:
(a) As soon as & vacancy occurs or
is known to be impending, the Governor
or the Commissioner shall notify the
secretary and furnish him with details of
the requirements of the post, the qualifi-
eitions necessary, and the emoluments
attached thereto.
(6) The Commission shall consider
public officers in the Presidency, in
accordance with the privciples in para-
graphs 5 and 7 of these Instructions.
(c) If in the opinion of the Cominis-
sion there is no local public officer suitably
qualitied for appointment to the post, the
Commission may seek the advice of the
Public Service Commission in any other
3
British Caribbean Territory or may con-
sider other local candidates not in the
public service.
(7) The Commi-sion shall make
recominendations to the Governor for
filling the postin order that the Governor
may submit lis recommendations to the
Secretary of State.
(¢) Tf the Commission is unable to
recommend the appointment of a candidate
it shall inform the Governor aceordingly
stating the steps which have been taken
to ascertain Whether a sultuble candidate
is available and the reasons why & recom-
mendation cannot be made.
2) Cuass B—Posts above scale [in the
Salary Scales of the Civil Service, the filling of
which requires the approval of the Governor.
(4) As soon usa vacangy occurs or 18
known to be impending, the Governor
or the Commissioner shall aotify the
secretary and furnish hun with details of
the requirements of the post, the qualtt-
cations necessary, und the emoluments
attached thereto.
7
(6) The Commission shall consider
public officers in the Presidency, in
accordance with the principles in para-
graphs 5 (2) and 7 of these Instructions.
(c) If in the opinion of the Comnnis-
sion there is no public officer in the
Presidency who is suitably qualified to fill
the post, the Commission may then
consider other public officers outside the
Presidency and,’ if necessary, advertise
the post in accordance with paragraph 6
of these Instructions.
(d) The Commission shall then
make recommendations to the Governor
for filling the post.
(3) Crass C—Posts in the graded ser-
vice (scales I to XIV in the Salary Scales
of the Civil Service) and other posts, the
filling of which requires the approval of the
Commissioner.
(a) As soon as a vacancy occurs
or is known to be impending, the
Commissioner shall notify the secretary
and furnish him with details of the
requirements of the post, the qualifications
necessary, and the emoluments attached
thereto.
(6) The Commission shall consider
public officers in the Presidency, in
accordance with the principles in para-
graphs 5 (2) and 7 of these Instructions.
(c) If in the opinion of the Commis-
sion there is no public officer in the
Presidency who is suitably qualified to fill
the post, the Commission may then con-
sider other public officers outside the
Presidency or candidates selected as a
result of examinations in accordance with
paragraph 12 of these Instructions, or
may advertise the post.
Vacancies to
be filled by
examinations,
Representa-
tions from
individuals.
Cuses not
covered,
Savings.
8
(d) The Commission shall then
make recommendations to the Commis-
sioner for filling the post.
12. Where vacancies are to be filled according
to the results of examinations in conformity with
any ap proved scheme of recruitment the procedure
set out in paragraph 11 of these Instructions shall
not apply. he Governor or the Commissioner
shall notify the vacancies to the secretary and the
Commission shall arrange for the holding of neces-
sary examiniutions in accordance with the scheme of
recruitment.
PART TIL.
MISCELLANEOUS.
18. The Commission shall not consider
representations from individuals (including individ-
ual officers) except when required to do so by the
Governor or the Commissioner.
14. Any case not covered by these Instruc-
tions shall be reported to the secretary and the
Commission may refer the case to the Governor
who may issue instructions under his hand as to
how the case shall be dealt with, and the case shall
be dealt with accordingly.
15. Nothing in these Instructions shall—
(a) apply to any member of the Gover-
nor’s personal staff;
(4) apply to any Judge of the Supreme
Court or any Magistr ate;
(c) apply to any office or rank in a Naval,
Militarv or Air Force constituted by or raised
under any enactment;
(d@) apply to any appointments to wnd-
promotions in the Oversea Audit Service;
13/00326—340—2.56.
9
(e) affect the powers and responsibility
conferred upon the Commissioner of Police by
the Police Act, 1951, as amended, and any
regulations made thereunder, in respect of
appointments, promotion and discipline of all
ranks of the Police Force below the rank of
Inspector; or of the powers and responsibility
conferred upon the officer in charge of prison
discipline, the Keeper or the Visiting Justices
by the Rules and Regulations for the Govern-
ment of the Prisons made by the Governor
in Council, on the 18th day of August, 1909,
as amended, in respect of discipline of subordi-
nate officers.
16. These Instructions shall come into
operation on the 16th day of February, 1956.
Dated this 10th day of February, 1956.
K. W. BrackBurNg,
Governor.
ANTIGUA.
19/1951,
Commence-
ment.
Printed at the Government Printing Office, Leeward Islands,
by E. M. Bhackman, Government Printer.--By Authority.
1956.
{Price 15 cents.]
LEEWARD ISLANDS.
MONTSERRAT.
STATUTORY RULES AND ORDERS.
1956, No. 2.
Toe Pusuic Service CommissION REGULATIONS DATED
Frpruary 10, 1955, MADE BY THE GOVERNOR UNDER
SECTION 9 OF THE PuspLic Servicer CoMMIssion Orpl-
NANCE, 1956 (No, 1/1956.)
1. Short Title. These Regulations may be cited as
the Public Service Commission Regulations, 12956.
2. Interpretation. (1) In these Regulations unless
the context otherwise requires—
“ Commission’? means the Public Service Commission
the establishment of which is provided for under
section 5 of the Publie Service Commission Ordi-
nance, 1956;
‘Instructions ’’ means the Instructions from time to time
issued under the hand of the Governor in accordance
with regulation 6 of these Regulations;
“public office’? means any office of emolument in the
public service;
“public officer†means the holder of any public office
and includes any person appointed to act in any
such office;
. . . * .
“public service†means the service of the Crown in
respect of the government of the Presidency.
(2) References to a member of the Commission shall,
unless the context otherwise requires, include references to
the Chairman or acting Chairman.
3. Membership of Commission. The Governor
shall by writing under his hand appoint a Chairman (not
being a public officer) and not more than two other persons
to be members of the Commission. At least one member of
the Commission shall be a person who is not a public officer
or a retired public officer.
2
4. Tenure of Office and terms of Service of
Commission. (1) Members of the Commission shall hold
office during the Governor’s pleasure and subject thereto the
Chairman shall hold office for such period not exceeding two
years as may be prescribed in the instrument by which he is
appointed; provided that a person shall, if qualified, be cligible
for re-appointment from time to time as a member of the
Commission.
(2) The Governor may appoint ary person to act in the
place of the Chairman or any other member of the Commis-
sion in case of his temporary absence or inability to act as
such Chairman or other member.
(3) Any member of the Commission inay, if, he is not
a public officer, at any time, and, if he is a public ofhcer, with
the consent of the Governor, resign bis office hy imstrument in
writing addressed to the secretary of the Commission who
shall forthwith forward the same to the Governer through the
Commissioner and from the date o. the reecips by the
secretary of the Commission of such ins'rument such member
shall cease to be a member of the Commision and tie vacancy
caused by such resignation or by the “eet of a incmber or by
the removal cf a member shall be filed by the Governor by
the appointment of another person for the remainder of the
term of office of the member whom he replaces.
(4) The appointment, removal or resignation of any
member of the Commission or of its secretary shall be notified
in the Gazette.
(5) Out of such funds as niay be provided by the
Legislative Council to cover the expenses ol the Commission,
the Chairman or acting Chairman of the Commis:ion shall be
paid the sum of fifteen dollars for each meeting of the Com-
mission which he attends, aud every other member of the
Commission, not being a public officer, shall be paid the sum
of ten do!lars for each. meeting of the Cormission which he
attends; provided that the maximum amount payable in any
month shall, in the case of the Chairman or actisg Chairman,
be sixty dollars and, in the case of any other member. be
forty dollars; provided further that no public officer shall be
me
paid any remuneration ag a member of the Conimnicsion,
(6) Members of the Commission, ofher than publie .
officers, may be paid travel tay and subsistence allowances atâ€
such rates as may from time to time be prescribed by the
8
Governor for attendance at meetings of the Commission or
for travelling for otser,purpores connected with the functions
of the Commission.
5. Oath of Office. The Chairman and members
of the Commission shollon their appointment as such take an
oath or meke an affirmation, cach according to lis conscience,
in the form in the Schedule to these Regulations, Such an
outh or affirination shall be administered by or made before
a Mavistrate or Justice of the Peace.
6. Issue of Instructions. The Governor may by
writing under his hand from time to time issue Instructions to
the Conimission prescribing the manner in whieh it shall
perform: its funetions and for carrying inio effect the purposes
and provisions of these Regulations.
7. Record of Meetings and ao ons, Minutes
of all meetings of the Comission shall be recorded and kept
by the Secretary. Cosies of such minutes duly confirmed at
& subsequent meeting shall as soon as practicable cherealter
be forwareed to the Cotninissioner for trassimission to the
Governor. All recommendations made by the Commission
shall be submitted to the Governor through the Commissioner.
Ss. Quorum and Voting. At any meeting of the
Coniupission the Chairman or acting Chairman and any one
member shall form a quorum for the transaction of business,
The Chairman or acune Chairman, as the case may be, shall
nave a deliberative as well us a casting vote. Ail decisions of
the Commission shall be by a matority of the votes of, the
members present und voting, Provide:! that the Chairman or
acting Chairman, as the case may be, shall have a second or
casting ve te whenever the voting shall be vqeal.
9. Consultation with Percors other than
Members. ‘The ane ia cONsicer ng anv matter or
question referred to if for its advice may consult such Heads
f Government Departments or other puslic officers ox otter
persons as the Commission may consider proper and desirable.
10, rent of Secretary. The Admims-
trator shel [nppoitit a Sis) retary to the an
4
11. Protection of Members from Legal
Proceedings. The Chairman and any member of the
Commission shall have such and the like protection and
privileges in case of any action or suit bronght against him
for any act done or omitted to be done or words spoken in-
the execution of his duty as is by law given to any Judge of
the Supreme Court of the Windward Islands and Leeward
Islands in the exercise of his judicial office.
12. Improper Influence. Any person who other-
wise than in the course of his duty directly or indirectly by
himself or by any other person in any manner whatsoever
influences or attempts to influence any decision of the Com-
mission or of the Chairman or of any member shall be guilty
of an offence and upon summary conviction shall be liable to
a fine not exceeding five hundred dollars or to imprisonment
for a term not exceeding six months; provided that nothing
in this regulation shall prohibit any person who may properly
do so from giving a certificate or testimonial to any applicant
or candidate for any public office or from supplying any
information or assistance upon formal request by the
Commission.
13. Wilfully supplying False Information
to Commission. Any person who, in connection with
an application by any person for employment or promotion
in the public service or with any matter upon which it is the
duty of the Commission to advise the Governor or any Head
of a Government Department under these Regulations, wilfully
gives to the Commission or to any member thereof or to any
person or body of persons appointed to assist the Commission
in the exercise of its functions or the discharge of its duties
any information which is false by reason of the falsity of, or
by reason of the omission of, a material particular, shall be
guilty of an offence and upon summary conviction be liable
to imprisonment for a period not exceeding six months or to
a fine not exceeding one thousand dollars.
i4. Commencement. These Regulations shall come
into operation on the 16th day of February, 1956.
5
SCHEDULE.
Regulation 5.
OATH OF OFFICE.
I, , having been appointed to act ag
Chairman swear
- -.. of the Publie Service Commission, do ————~ ——______
member solemnly and sincerely
declare and affirm tP*t I will freely and withont fear or favour,
affection or ill-will, give my counsel and advice in connection with
all such matters as may be referred to the Public Service Commission
under the Public Service Commission Regulations, 1956, and that
T will not directly or indirectly reveal such matters to any un-
authorised persons or otherwise than in the course of duty.
SIQNACULE eee ce eee ene eee ee een nen eee cate seu esuaee
Sworn
-—---_before me this day of 19 :
Declared
Umea ee ee ere ee es meme reneeeterese ee erc ore cenasenee
‘Magistr ate or Justice of the Pevsce.
Dated this 10th day of February, 1956.
K. W. Brackpurne,
Governor.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M, BrackM An, Government Printer. By Authority.
1956,
13/00326-—500-—2.56. Price 8 cents.