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SAINT VINCENT
GOVERNMENT
GAZETTE
Iublint bhg Autinorty
VOL. 106.] SAINT VINCENT, TUESDAY, 5 JUNE, 1973. [No. 33.
GOVERNMENT NOTICES
No. 95.
ACTING APPOINTMENT
His Excellency the Governor has been
pleased to approve the appointment of
Miss KAREN BOWMAN, Assistant Secre-
tary, Ministry for Education, Commun-
ity Development and Youth Affairs, to
act as Permanent Secretary in that Min-
istry with effect from January 1, 1973
until further notice.
5th June, 1973.
(P.F. 4652).
VACANT POSTS
No. 96.
POST OF MECHANICAL ENGINEER
PUBLIC WORKS DEPARTMENT, MINISTRY
OF COMMUNICATIONS & WORKS
ST. VINCENT
Applications are invited from suit-
ably qualified persons for the vacant
post of Mechanical Engineer, Public
Works Department, Ministry of Com-
munications and Works.
2. Applicants should have a mini-
mum experience of two years after
graduation. Appointment may be per-
manent and pensionable or on contract
for two (2) to three (3) years in the
first instance.
3. The salary scale is V16-6 $6,300
X $300-$6,600 X $360-$8,400/$8,760
X $480-$10,200 and initial salary will
be fixed according to experience and
specialist qualification and/or experience
if offered.
4. The officer will be responsible for
the efficient running of Public Works
Department workshops and garage and
will keep records of vehicles, make out
maintenance schedules for Plant and
rolling stock of the Department. He
will be required to advise on stocks of
spare parts for machinery and organise
a cardex system for such parts.
5. Applicants should possess a degree
from a recognized University and former
experience under tropical conditions will
be an asset. All applications must be
accompanied by a character testimonial
and another pertaining to the profession.
6. All applications should be ad-
dressed to the Chief Personnel Officer,
Service Commissions Department, Kings-
town, St. Vincent, West Indies to reach
him not later than June 19, 1973.
5th June, 1973.
~' ~72~?
192 SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.)
No. 97.
VACANT POST OF ASSISTANT MANAGER,
WALLILABOU ESTATE
Applications are invited from suitably
qualified persons for the post of Asistant
Manager, Wallilabou Estate.
Qualifications:
Applicants should have a thorough
knowledge of agriculture, and experience
in handling labourers. Knowledge of
book-keeping and accounts would be an
asset.
Quarters:
Living Quarters will be provided on
the Estate.
Salary:
The initial salary of the post is $6,000
per annum and increments will be based
on merit and profitability of the Estate.
Leave:
Leave will be granted at the rate of
two weeks on full pay each year, and
three months leave after each three-year
period.
Applications should be in the appli-
cant's own handwriting, stating age,
educational qualifications, marital status
and experience in Agriculture.
Applications must be accompanied by
two recent testimonials, and addressed
to the Manager, Development Corpora-
tion, P.O. Box 841, Kingstown, St. Vin-
cent, to reach him not later than 21st
June, 1973.
5th June, 1973.
No. 98.
CENTRAL WATER AUTHORITY
Applications are invited from suit-
ably qualified persons for the post of
Engineer, Central Water Authority, St.
Vincent.
Qualifications:
1. Education: Degree in Civil or
Sanitary Engineering.
2. Experience: At least three years
experience in a Senior Engineering
position with broad management func-
tions including co-ordination and super-
vision of units and staff involved in
engineering projects.
Responsibilities:
1. To provide advice to Secretary/
Manager on matters relating to water
production, water distribution, water
quality control, and maintenance and
repair of water systems and facilities.
2. To formulate, implement and eval-
uate short, medium and long range
development plans.
3. To supervise directly the Research,
Planning & Design and Construction
Sections including the collection of data
required for sound engineering planning
and design of water systems.
4. To develop operation and pro-
cedures manuals for water treatment
plants, chlorinators, laboratory, pump
stations etc.
Salary: Scale V16-6, that is $6,300,
$6,600 X $360-$8,760 X $480-$10,200.
Leave, Transport allowances will be paid
in accordance with existing rates.
Applications, together with curricu-
lum vitae should be addressed to the
Secretary/Manager, C e n t r a I Water
Authority, St. Vincent to reach him not
later than 30th June, 1973.
5th, June, 1973.
No. 99.
STAMP VENDORS' LICENCE
1973.
Notice is hereby given under the Stamp
Vendors Regulations No. 16 of 1968, the
undermentioned person has been granted
a licence in respect of the year ending
31st December, 1973.
NAME
ADDRESS
Miss Minerva David Port Elizabeth
5th, June, 1973.
No. 100.
LEGISLATION
The following Acts which have been
assented to by His Excellency the Gov-
ernor are published with this issue of
the Gazette:-
No. 9 of 1973.-An Act to make pro-
visions in respect of the control of
noise with a view to its abatement.
No. 10 of 1973.-An Act to amend fur-
ther the House of Assembly Elec-
tions Ordinance.
No. 11 of 1973.-An Act to provide
for the continuance of the dissolu-
tion of the Local Authorities and
the extension of the tenure of office
of the Commissioners.
SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.) 193
No. 12 of 1973.-An Act to provide
for the continuance of the dissolu-
tion of the Kingstown Board and
the extension of the tenure of office
of the Commissioners.
No. 13 of 1973.-An Act to confirm
the Consumption Tax (Amendment)
Order 1973.
No. 14 of 1973.-An Act granting an
exclusive licence to the St. Vincent
Electricity Services Limited for the
supply of electricity, providing for
the exercise and performance of
functions relating to the supply of
electricity and for purposes con-
nected therewith and making pro-
visions with regard to revocation of
of the licence.
No. 15 of 1973.-An Act to amend the
Customs Ordinance, Cap. 183, and
to make provision for the preven-
tion of smuggling.
No. 16 of 1973.-An Act to amend
further the Medical Registration
Ordinance.
5th June, 1973.
No. 87.
ADVERTISEMENT FOR A COMPETITION FOR AN EMBLEM
FOR THE CARIBBEAN COMMUNITY.
The Commonwealth Caribbean Regional Secretariat announces a public
competition for the award of a cash prize to the person, who must be a national
of the Commonwealth Caribbean, submitting the most suitable design of an
emblem for the Caribbean Community. An additional cash prize will be
offered for the entry adjudged to be the next most suitable submission.
2. On first August, 1973, Barbados, Guyana, Jamaica and Trinidad and
Tobago will become members of the Caribbean Community and it is expected
that the seven Leeward and Windward Islands, Belize and the Bahamas will
become members by the 1st May, 1974, bringing the total membership of the
Community to thirteen.
3. The competition will be governed by the following conditions:
1. The design must be executed on plain paper and must be of
a size not exceeding 6" X 6" square. The medium should
be in colour, the particular material (water colour, oil paints
etc.) being left to the discretion of the competitor.
2. No competitor may submit more than two entries.
3. Entries must carry a label bearing the name, address and
nationality of the competitor.
4. Each entry must be accompanied by a separate sheet of paper
containing the name and address of the competitor and a
statement that the entry is the original, unaided work of the
competitor and not a copy.
5. The panel of judges will reserve the right to amend the win-
ning entry, if necessary, in order to create a suitable emblem.
The decision of the judges will be final.
6. Entries must be submitted in sealed envelopes addressed to-
SECRETARY-GENERAL,
COMMONWEALTH CARIBBEAN REGIONAL SECRETARIAT,
THIRD FLOOR,
BANK OF GUYANA BUILDING,
GEORGETOWN, GUYANA.
7. No entry will be considered which is received by the Secre-
tary-General after 1st August, 1973.
194 SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.)
PRIZES
The following prizes will be awarded:
First Prize
Five hundred dollars (EC$500)
Second Pri.e
Two h ndred dollars (EC$200)
29th May, 1973.
No. 88.
ESSAY COMPETITION ON CARIBBEAN COMMUNITY FOR SIXTH
FORMER IN SECONDARY SCHOOLS IN MEMBER COUNTRIES
AND THE BAHAMAS.
TOPIC
"How can the Caribbean Community help to overcome the economic
and social problems of the English-speaking Caribbean ?"
PRIZES
The Competition will carry the following prizes:
(a) First Prize
(i) For a student resident in the Windward Islands, Lee-
ward Islands, Barbados and Trinidad and Tobago
A free trip to the Headquarters of the Regional
Secretariat in Guyana, as the guest of the Secretary-
General, together with a free trip to Jamaica;
(ii) For a student resident in Guyana:
A free trip to the Headquarters of the Eastern Carib-
bean Common Market (ECCM) Secretariat in Antigua,
together with a free trip to Jamaica;
(iii) For a student resident in Belize, Bahamas or Jamaica
A free trip to the Headquarters of the Regional
Secretariat in Guyana, as the guest of the Secretary-
General, together with a free trip to one of the Leew' ad
or Windward Islands;
(b) Second Prize
(i) For a student resident in any Member Country of
CARIFTA (Except Guyana) and the Bahamas;
A free trip to the Headquarters of the Regional Secre-
tariat in Guyana:
(ii) For a student resident in Guyana;
A free trip to the Headquarters of the Eastern Carib-
bean Common Market Secretariat in Antigua
(c) Third Prize
A gift of a set of publications and reading material on
the Caribbean.
RULES
1. The student must be at the end of June, 1973 on the register of a
Secondary School of a Member Country of CARIFTA or the Bahamas.
2. Entries must be in the contestant's own handwriting and must be his
personal effort and an original and previously unpublished essay.
SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.) 195
3. Each entry must be submitted on ruled paper (quarto or foolscap size)
and written on one side of the paper only.
4. Each entry must be accompanied by a statement from the Headmaster/
Headmistress of the School which the student attends stating the age
of the student and that to the best of his/her knowledge, the script
was written by the student submitting the entry.
5. The deadline for submission of the scripts will be 1st September, 1973.
6. The length of the Essay should not exceed 4,000 words.
7. Entries should be submitted in sealed envelopes addressed to:
THE SECRETARY-GENERAL,
COMMONWEALTH CARIBBEAN REGIONAL SECRETARIAT,
P.O. BOX 607,
GEORGETOWN, GUYANA.
8. Entries will be judged by a panel of three (3) judges to be selected
by the Secretary-General from the Staff of the University of Guyana
and the University of the West Indies. The decision of the judges
will be final.
29th May, 1973.
By Command,
0. E. LEIGERTWOOD,
Permanent Secretary,
Premier's Office.
PREMIER'S OFFICE,
ST. VINCENT,
5th, June, 1973.
DEPARTMENTAL AND OTHER
NOTICES.
KINGSTOWN BOARD
NOTICE
A competitive examination for the
award of four scholarships, for two girls
and two boys, tenable at a recognized
Secondary school, will be held at the
St. Vincent Grammar School on Friday
June 29, 1973, beginning at 9.00 a.m.
2. Each Candidate must:-
(a) Have been less than twelve
and a half years of age on
September 30, 1973.
(b) be a native of the State or
child of a native
(c) have been residing in Kings-
town or within half a mile of
the boundaries thereof during
three years previous to Sep-
tember 30, 1973.
(d) be a pupil of a private or pub-
lic school in the State
(e) produce a certificate of good
behaviour from the Head
Teacher of such school.
3. No Candidate shall be awarded a
scholarship who obtains less than
one third of the maximum of marks
in each subject and less than one
half of the total marks in the Exam-
ination.
4. Candidates will be examined in
English, (including Comprehen-
sion) Arithmetic, and will be given
an Intelligence Test.
5. The scholarships are awarded for a
period of six years, provided the
scholars attendance, conduct and
progress as shown by the term re-
ports are considered satisfactory.
6. Application, accompanied by Birth
or Baptismal Certificate must reach
the Office of the Kingstown Board,
Paul's Lot, not later than Friday,
June 8, 1973.
E. G. LEWIS,
Acting Warden.
SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.)
ST. VINCENT.
IN THE HIGH COURT OF JUSTICE
A.D. 1973.
JUNE CRIMINAL ASSIZES
Notice is hereby given that a sitting of
the Supreme Court of the West Indies
Associated States in its CRIMINAL
JURISDICTION will be held at the
Court House, Kingstown, on Tuesday
5th June, 1973, at 10.00 o'clock in the
forenoon and continuing.
All parties concerned, also such per-
sons as are bound over by recognizance
to prosecute, answer charges or give
evidence or summoned as Jurors or wit-
nesses, are hereby commanded to give
their personal attention and attendance.
By Command
LEONARD J. RIVIERE,
Deputy Registrar of the High Court.
Registrar's Chambers,
Kingstown,
Saint Vincent.
4th June, 1973.
PUBLIC NOTICE
Notice is hereby given that VICTORIA
EDWARDS of Byrea intends to apply to
the Judge of the High Court in Cham-
bers for an order to have her marriage
to VINCENT EDWARDS of Byrea recorded
in the Marriage Register of the State.
The said marriage was solemnized on the
18th day of November 1964 at the Holy
Trinity Parish Church by Rev. Brian
Alban Gill.
Dated the 30th day of May, 1973.
EMMANUEL F. ADAMS,
Solicitor for Victoria Edwards.
29th May, 1973.
NOTICE
UNDER THE LIQUOR LICENCE ORDINANCE NO. 11 OF 1948
It is notified for general information that the Quarterly LIQUOR
LICENSING SESSION will be held in the undermentioned Parishes for the
purpose of hearing applications from the applicants in their respective par-
ishes, for the granting of Certificates in accordance with the provisions of
the Liquor Licences Ordinance No. 11 of 1948, at the times and places stated
herewith.
Parish
Time and Place of Session
St. Andrew & St. George
Charlotte
St. Patrick
St. David
Grenadines (Bequia)
-4
...... At the Court House, Kingstown on
Wednesday, 27th June, 1973 at 9.00
a.m.
..... At the Court House, Georgetown on
Monday, 18th June, 1973 at 10.00 a.m.
...... At the Court House, Barrouallie on
Thursday, 14th June, 1973 at 9.30 a.m.
...... At the Court House, Chateaubelair on
Thursday, 7th June, 1973 at 10.00 a.m.
...... At the Court House, Port Elizabeth on
Friday, 22nd June, 1973 at 10.00 a.m.
SAINT VINCENT, TUESDAY, 5 JUNE, 1973.-(No. 33.)
Notice of intention to oppose the grant of any certificate stating in general
terms the grounds of opposition must be served upon the applicant and upon
the Magistrates, not later than seven (7) days before the date fixed for the
holding of the Licensing Session.
C. L. COLLYMORE,
A. E. CATO
Magistrates.
PARTICULARS OF APPLICANTS FOR NEW CERTIFICATES
Names of Occupation Residence Situation of Class
Applicants I Premises
Alban Deane Shopkeeper Calder Calder 3
Joseph Isaacs Shopkeeper Sion Hill Sion Hill 6, 8
Christian L.
Warner Proprietor Mesopotamia Maroon Hill 6, 8
Lawrence A.
Weekes Proprietor Liberty Lodge Liberty Lodge 3
Elizabeth Weekes Housewife Liberty Lodge Lower B. Street 6, 8
Adams Bros. Proprietor Arnos Vale Arnos Vale 6, 8
Joseph DeFreitas Accountant Kingstown Mesopotamia 3
Ivy I. Joshua Seamstress Sion Hill Sion Hill 6, 8
Joel Alexander Clerk Cane G'den Rd. Paul's Lot 6, 8
Ivy Mc.Lean(Mrs.) Housewife Belvedere June. Belvedere June. 6, 8
Carsyl Agency Manager Halifax Street
(Agency) Kingstown Kingstown 1
James Balcombe Proprietor Mt. Bentick Mt. Bentick 6, 8
Garfield Sutherland Carpenter Park Hill Park Hill 3
Cyril Liverpool Proprietor Georgetown Rabacca 6, 8
Cardon Francois Seaman Byera Hill Byera Hill 6, &
Caroline Maloney Shopkeeper North Union North Union 3
Patrick C. DaSilva
Hudson Joseph
Westmore Thomas
Gertrude A. Clark
Ermine Cuffy
Oscar Edwards
Adolphus Stephen
Pethro Jackson
Linda Lewis
Switch Board
Attendant Park Hill
Shopkeeper Greggs
Proprietor Chapmans
Domestic Caratal
Seamstress Arnos Vale
Fish Vendor Sion Hill
qhonkeener I harpes
Housewife Rose Bank
Tourist
Industry Belmont
Park Hill
Greggs
Chapmans
Caratal
South Rivers
Barronallie 2
Tharpes 3
Rose Bank 3
Belmont I 6, 8
Parish
St. Andrew
&
St. George
Charlotte
Patrick
David
Grenadines
(Bequia)
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 30 cents. I
d
S AINT VINCENT
Act No. 9 of 1973.
I Assent
RUPERT G. JOHN,
[ L.S. ]
Governor.
30th May, 1973.
AN ACT to make provisions in respect of the control of noise
with a view to its abatement.
[ 5th June, 1973 ]
Be it enacted by the Queen's Most Ex(ellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent. and by the authority of the same as follows:-
1. This Act may be cited as the Abatement of Nuisance Short title.
(Noise) Act, 1973.
2. In this Act-
"loud speaker" includes a megaphone and any other
device for amplifying sound.
Interpretation.
3. (1) No person shall, except on public holidays or Restr'
during the Carnival, Christmas or the night preceding public oPer
holidays, operate or permit to be operated in any Public place a lou
loud speaker so as to give reasonable cause for annoyance
to any person in the neighbourhood: Provided that such a
loudspeaker may be operated or permitted to be operated or
7/,, Saturdays until the hour of two o'clock on the followir
morning.
No. 9. Abatement of Nuisance (Noise). 1973.
(2) Notwithstanding the provision of this subsection any
person may be guilty of a summary conviction offence if he
persistently operates or permits to be operated on private
premises a loud speaker after being warned by the police as
provided for in subsection (3) and shall be fined a sum of
fifty dollars.
Offence and (3) Any person who operates or permits the operation
penalties, of a loudspeaker in contravention of the foregoing subsection
and after having been requested by a police officer acting on
the complaint of any person resident in the neighbourhood to
desist from operating or permitting the operation of such loud-
speaker in such manner as complained of and does not so desist
slmall be guilty of an offence and shall on summary conviction
be liable to a penalty not exceeding two hundred and forty
dollars and in the case of a second or subsequent conviction to
a penalty not exceeding five hundred dollars and to be disquali-
fied from holding or obtaining an entertainment licence or
liquor licence as the case may be for a period not exceeding
six months.
Regulations. 4. (1) The Governor may make Regulations generally and
may prescribe the times and manner whereby the operation of
a loudspeaker may be considered to be a nuisance for the pur-
poses of this Act.
(2) All Regulatiomis made by the Covernior shall come
into force on their publication in the Gazette, or at such other
times as may be mentioned in such Regulations.
Passed in the House of Assembly this 3rd day of May, 1973
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1973
SAINT VINCENT.
/ /1 Act No. 10 of 1973.
I Assent
RUPERT G. JOHN,
[ L.S. ] Governor.
30th May, 1973.
AN ACT to amend further the House of Assembly Elections
Ordinance.
[ 5th June, 1973 ]
Be it enacted by the Queen 's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same, as follows:-
1. This Act may be cited as the House of Assembly Elec- Short title.
tions (Amendment) Act, 1973, and shall be read as one with the
House of Assembly Elections Ordinance (hereinafter referred to No. 13 of 1951.
as the principal Ordinance) and all amendments thereto.
2. In respect of the year one thousand nine hundred and Section 6A
seventy three Section 6A of the principal Ordinance is hereby of principal
Ordinance
amended as follows:- amended.
By deleting the words "thirty-first day of March"
appearing in subsection (2) thereof and substituting there-
for the words "thirty-first day of May".
Passed in the House of Assembly this 3rd day of May, 1973
OWEN CUFFY,
Clerk of the House of Assembly.
'Y.\ 7 J TED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
222I f KINGSTOWN, ST. VINCENT.
[ Price 4 cents. ]
-C f 1973
RUPERT G. JOHN,
[ L.S. ]
Governor.
30th May, 1973.
AN ACT to provide for the continuance of the dissolution
of the Local Authorities and the extension of the tenure of office
of the Commissioners.
[ 5th June, 1973 ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Local Authorities (Con- Short title.
tinuance of Dissolution) Act, 1973, and except where the con-
text otherwise requires, expressions used in this Act have
respectively the same meaning as in the Local Government
Ordinance, 1951, hereinafter referred to as the principal
Ordinance) and all amendments thereto.
2. Notwithstanding the provisions of any law to the
contrary the local authorities established by or under the
principal Ordinance shall continue to be dissolved until the
X 31st day of December, 1973.
N 79 3. Notwithstanding the provisions of any law to the
contrary the tenure of office of all the Commissioners for the
local authorities is hereby extended to the 31st day of December,
A--/-11 A170
Continuance of
dissolution.
Commissioners
to continue in
office to 31st
December, 1973.
46
No. 11. Local Authorities (Continuance of Dissolution). 1973.
Passed in the House of Assembly this 4th day of May, 1973.
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1973
SAINT VINCENT.
Act No. 12 of 1973.
I Assent
RUPERT G. JOHN,
[ L.S. ]
Governor.
30th May, 1973.
AN ACT to provide for the continuance of the dissolution
of the Kingstown Board and the extension of the tenure of
office of the Commissioners.
[ 5th June, 1973 ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Kingstown Board (Con- Short title.
tinuance of Dissolution) Act, 1973, and except where the
context otherwise requires, expressions used in this Act have
respectively the same meaning as in the Kingstown Board
Act, 1970, (hereinafter referred to as the principal Ordinance)
and all amendments thereto.
2. Notwithstanding the provisions of any law to the
contrary the Kingstown Board shall continue to be dissolved
V until the 31st day of December, 1973.
*'v 3. Notwithstanding the provisions of any law to the con-
trary the tenure of office of all Commissioners for the Town
*?^L. S of Kingstown is hereby extended to the 31st day of December,
Continuance of
dissolution.
Commissioners
to continue in
office to 31st
December, 1973.
48
No. 12. Kingstown Board (Continuance of Dissolution). 1973.
Passed in the House of Assembly this 4th day of May, 1973.
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1973
\ i, SAINT VINCENT.
Act No. 13 of 1973.
I Assent,
RUPERT G. JOHN,
[ L.S. ] Governor.
30th May, 1973.
AN ACT to confirm the Consumption Tax (Amendment)
Order 1973.
[ 5th June, 1973 ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Consumption Tax Act Short title.
1973.
2. The Consumption Tax (Amendment) Order 1973 is Consumption
declared to have been validly made under the Consumntion Tax (Amend-
Tax Ordinance 1968, and the Provisional Collection of Taxes No. 9 of 1973.
Act 1973.
Section 7 of the Consumption Tax and Section 5 of the
Provisional Collection of Taxes Act shall apply in relation
to that Order as if the passing of the Bill for this Act in thec
SRTouse of Assembly were the passing of a resolution in accord-
I /e / ance with Section 7 of the Consumption Tax Act and Section
5/5~ 5 of the Provisional Collection of Taxes Act and the publica-
tion of this Act were a publication of such resolution in the
-- s dotat __
50
CounsIumpion Tax (Amendment).
1973
3. Notwithstanding anything to- the contrary in any law
any laxes or fees collected from tbhi..-dat of publication of
the Order and the date of the passing of this Act shall be
deemed to have been validly collected. 7'
Passed in the House of Assembly this 4th day of May, 1973.
OWEN CUFFY,
Secretary to the Cabinet.
PRINTED BY THIE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWr, ST. VINCENT.
[ Price 8 cents. ]
1973
No. 13.
Validation of
Collection of
Taxes.
9
[L.S.]
SAINT VINCENT
Act No. 14 of 1973.
I Assent
RUPERT G. JOHN,
30t
AN ACT granting an exclusive licence to the St. Vincent
Electricity Services Limited for the supply of electricity,
providing for the exercise and performance of functions
relating to the supply of electricity and for purposes con-
nected therewith and making provisions with regard to
revocation of the licence.
[ On "the Appointed Dcy". ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as "the Electricity Supply Act,
1973" and shall come into operation on such date (hereinafter
referred to as "the Appointed Day") as shall be appointed in
a notice given by the Governor and published in the Gazette.
2. In this Act unless th,, context otherwise requires-
"the Arbitration Ordinance'*" means the Arbitration Ordin-
ance, 1952 as the same may be amended or re-enacted
from time to time and every referne to any Section
of the Arbitration Ordinance, 1952 shall be deemed
4e, 0to be a reference to that Section as the same may b-
amended or re-enacted from time to time;
5
Governor.
h May, 1973.
Short title and
commencement.
No. 10 of 1952.
No. 14. Electricily Supply. 1973.
"the Company"' means the St. Vincent Electricit' S rvices
Limited and includes ally person duly autlorised by
the Company to do any act on its behalf;
"coinsimerl means anv person for the time being supplied
wiih elictricii'v by the Company;
"de)le nt're" means lny debenture, deb naturee stock, mort-
gagle, b>id, wo.-, d'i or note issued by the Company
and for the time being outstanding';
"electricity" includes electric voltage, electric current, elec-
tric energy and any like energy;
electrice line" uleans any wire or conductor used or to be
used for the purpose of onmveying, transmitting, or
distributing el+-lricity or as pilot lines for r mote con-
trol, protection, metering or telecommunication, to-
g' rher with aniy 'sing, coating, covering, tub'. pole,
stniy-wvire, bracket, pipe or insulator enclosing, sur-
rounding or supporting tahe same or any part thereof
and any trlinsforlner, switchgear or other works or
apparatus conneted therewith for the purpose of con-
vvying, transmitting or distributing electricity or
transmitting its voltage and together also with any
building or structure required to accommodate any
such transformer, switclgir', ir or other xork or apparid-
tis ;
"the Governnent Electrical Inspector" means the official
fcr the time bei 'g a'.poii d to the pulWic office of
Electrical Insp'ctor in a,.ordance within the constilu-
tiUin of Saint Vincent;
"the ,State" melms the Island of Saint Vincent, the Island
of Bequin and any other of its Islands in the Grena-
dines to which the provisions of this Act have benI
applied at any time by Or, .r made nd;'r Section 31;
"land" includes any land nider whatev-er tenure held and
any easement, servitude, right or privilege in or over
land;
"h'lal authority" nwans anvy authority having municipal
cr administrative juricnrdi( ciiii ov r and within any area
in the Stnte:
"tin- linist-]r' means the Minister to whom responsibility
for electricity has, for the time being, been assigned;
S"mi itlh" means calendar month ;
"person" includes any body of persons, any corporation,
any local authority and any Government Department;
"road" means any road or street or part thereof and in-
cludes all bridges, culverts, embankments, approaches,
drains, verges, pavement, herls, footpaths, .parapets and
other works or things forming part of any road or
street;
"tree" means a tree, bush or shrub;
"undertaking" means the Company's electricity undertak-
ing in the State;
"unit" means one kilowatt-hour, as registered on a meter
provided by the Company;
The singular includes the plural and vice versa, and the
masculine includes the feminine.
3. Subject as hereinafter provided, the Company shall
have a sole and exclusive licem e to generate, transmit, distribute
and sell electrie.i!y in the State during the period of 60 years
nrxt following the Appointed Day.
4. With the consent of the Minister the Company may
authorise in writing any person during the whole or any part
of the period of the licence to generate, transmit, distribute and
sell electricity upon the terms and conditions and within the
area specified in such authority (any person so authorised being
hereinafter referred to as "a sub-licencee").
5. (1) During the continuance of the licence no person
except the Company shall generate (save for his own consump-
tion and use), distribute or sell electricity within the State
provided that a sub-licensee shall be at liberty, during the
period stated in the written authority granted to him by
the Company, to generate, distribute and sell electricity upon
the terms and conditions and within the area specified in such
authority.
(2) Any person contravening the provisions of sub-sec-
tion (1) of this section shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding two
hundred and fifty dollars or to imprisonment for a period not
exceeding six months, and in addition thereto lie may ba ordered
by any Court having summary jurisdiction to dismantle his
equipment at his own expense within such time as such Court
may prescribe and, if he shall fail to obey the order of such
Court within the prescribed time, such Court shall order the
equipment to be forthwith dismantled by the Company and
shall order such person to pay to the Company its reasonable
charges for dismantling such equipment.
Grant of licence.
Sub-licences.
No person shall
generate etc.
electricity.
No 14.
Electricity Supply.
1973.
EL ctricity Supply.
Type of supply.
Charge.
rirst Schedule.
SecondI Schedule.
(;. (1) The voltage of electricity supplied for domestic or
lighi ing purposes shall Ie 240 volts and this shall be maintained
by the Company within plus -V4 and minus 8" (measured at
the consuiier's terminals) of such voltage.
(2) The frequelty of electricity supplied for any pur-
pose shall be 50 cycles per second and this shall be maintained
within plus and minus 31/ of suih frequency.
(:2) The systems of distribution of electricity shall be
3 plh se 4 wire for 400 volts between lines and 230 volts between
lines and neutral, alnd/lor single phase 2 wire for 230 volts be-
tw on lies with one line earthed and designated "the neutral",
all or any of such systents to be used, the choice in any par-
ticular ,aise being by the Company according to load conditions
and the most economical method of supply: provided that any
consumein' may by agreement with the Company be supplied with
electricity at a voltage in excess of 400 volts and step this down
in his owin transformers to any voltage for the time being ap-
proved by the Government Electrical Inspector.
(I) 11 shall be the dulty of the Company to take all prae-
ti.;lb)le te(ps to ensure that tie supply of electricity to any
consm n. r shall be regular and efficient.
()) Overhead pow,'r line design shall bh' at the Com-
pany's option, but ]hall comply with the approved British Stan-
dard in force at the time of construction.
7. (1) Subject as hereinafter provided the Company shall
be evitil d to (:haii:e for electricity supplied at its tariff rates
for the time being ii force; for the avoidance of doubt it is here-
by declared that the tariff rates for the time being in force in
a'i part of the State may be at different rates from those then in
for.-e in any other part of the State.
(2) Subjecl to the provisions of sub-sections (3) to (8)
of this s (tion, the inariff rates in the Island of Saint Vincent
applicable to electricity the consumption of which is measured
li) reading of meters carried out after the Appointed Day will
be the rates set oul in Part I of the First Schedule hereto and
the tariff rates in the Island of Bequia so applicable will be the
rates set out in the S'econd Schedule hereto; subject as afore-
said, the tariff rales in any ]sland of Saint Vincent in the
Grenadiies applicable to electricity the consumption of which
is meIasured by reading of nmelers carried out on or after the
-late, when, in accordance with any Order made by the Gov-
ernor under section 31, the provisions of this Act are applied
No. 14.
1973.
No. 14. Electricity Supply. 1973.
to that Island, will be the rates prescribed by the Governor
with the concurrence of the Company and published in the
Gazette.
(3) The Minister or the Company will be at liberty from
time to time to serve on the other of them a notice in writing
proposing that the tariff rates for the time being in force be
varied in the manner specified in the notice or in such other
manner as may be agreed in writing between them or as may be
determined by arbitration in accordance with the provisions of
sub-section (6) of this section.
(4) If, during the period of 60 days following the ser-
vice by either the Minister or the Company of any such notice,
the other of them approves in writing the variation proposed
in the notice or both of them agree in writing some other varia-
tion, the variation so approved or agreed will take effect in the
manner prescribed in sub-section (7) of this section.
(5) If, during the aforesaid period of 60 days following
the service bv either the Minister or the Company of any such
notice, the other of them fails to approve in writing the variation
proposed in the notice, or they fail to r gree in writing some other
variation, then, the nature of the variation (if any) will be
determined by a single arbitrator appointed in accordance with
the provisions of sub-section (1) of section 30.
(6) In determining whether any or what variation of
the tariff rates should be made thP arbitrator shall have regard-
(a) to the principle that the Company's revenues
must be sufficient to enable the Company-
ii (i) to meet all expenses incurred in the produc-
tion of 3uch revenues, including depreciation
of assets and interest on indebtedness, and
(ii) to repay i's indebtedness, and
(iii) to provide for such proportion of the cost of
replacement of its assets as is not already
provided under sub-paragraph (i) of this
paragraph, and
(iv) to provide a reasonable proportion of the
capital cost of expanding its undertaking to
meet any demand for an increased service
to the public, and
(v) to pay regular dividends on its share capital
at a commercial rate; and
Electricity Supply.
1973.
Supplies to the
Government.
Electricity for
street lighting.
Company may
require deposit.
(b) to the fair apportionment of charges between dif-
ferent categories of consumers.
(7) Subject to the provisions of sub-section (6) of this
section and subject to any furthi r variation or temporary varia-
ti.n that oiay be made pursuant to this section, any variation
approved, agreed or determined pursuant to this section shall
apply to all electricity to which it relates, the consumption of
which is measure, d by the Company by reading of nu Lers carried
out on or after the first day of the calender month next follow-
ing the expiry of 150 days from the date when the notice which
led to the variation was served under sub-section (3) of this
section.
(8) This section shall not apply to electricity supplied
o01 to be supplied for street lighting.
8. (1) Whenever required so to do, the Company shall
enter into a contract for tihe supply of electricity to the Govern-
ment for the Government's own use and consumption at any
place in the State which is within 100 ft. of any distributing
main of the Company.
(2) The Company may charge the Government for elee-
tricity so supplied in any such area at the tariff rates for the
tile being in force in such area less a discount at the rate of 10o%.
(3) The provisions of this section shall not apply to
elh.ctriciy supplied or 1o b>1 supplied for the purpose of street
lighting.
9. (1) Whenever required so to do the Company shall
enter into a contract to supply the Government or any local
authority with street lighting in any area in the State for the
time being supplied with electricity by the Company.
(2) The company shall be entitled to charge for electri-
city supplied for street lighting and for the hire of street lamps
a.'d associated fittings and equipment) on the basis that, sub-
ject to the payment by the consumer of such minimum annual
arimiunt, as may be agreed in writing between the consumer and
the Company, the consumer will pay such monthly sum as may
be agreed as aforesaid per street lamp of a sp cificd type and
ontput rating for the time being comprised in the street lighting
system in question.
10. The Company may require any consumer to deposit
with the Company a sum of money estimated to be equivalent
No. 14.
Electricity .'u, l 1. ,
to the cost of 60 days electricity consumption by way of security
for the payment of any money from time to time due by such
consumer to- the Company; such sum of money shall be placed
to the credit of a deposit account in such consumer's name in
the books of the Company together with such interest as may
accrue, the interestt rate to be decided by the Company.
11. (1) Whenever requested to do so by any consumer and
after payment of a testing fee of $2.50 by such consumer the
Company shall test the meter registering the electricity supplied
to such consumer against a standard meter and supplythe con-
sumer with a certificate showing the result of the test. If the
result of the test shows that the meter is registering more than
3% above or below the registration of the standard testing meter
the Company shall replace the meter in question and shall
refund to such consumer the testing fee paid by him.
(2) The Government Electrical Inspector shall be enti-
tled to supervise any test carried out pursuant to the provisions
of the preceding sub-section.
(3) Any consumer may on payment of a testi-.g fee of
$2.50 require the Government Elecrical Inspector to test the
voltage and frequency of the electricity supplied to such con-
sumer and the Government Electrical Inspector shall within
a reasonable time carry out such test and supply the consumer
with a certificate showing the result of 1he lest. If the result
of the test shows that the voltage ;and frequency are substan-
tially incorrect the Company shall refund to such Consumer
the testing fee paid by him.
12. During the continuance of the licence, all plant, ma-
,i.inery, equipment, meters, instruments, vehicles, materials and
consumable stocks imported by the Company for the purpose, of
the Company's business of generating, transmitting, distributing
or supplying electricity shall be exempt from all customs and
other import duties and landing tax: Provided however that
such exemption shall not apply to any plant, machinery, equip-
ment, meters, instruments, vehicles, materials and consumable
stocks imported by the Company for resale or hire or for the
private use of any of th!e Company's employees.
Consumer may
require Company
to test metres
and voltage.
Duty free
importation
of goods.
13. For the purpose of ascertaining the chargeable in- Initial
come of the Company for tax purposes, the Company shall allowances,
be entitled to elect whether or not to claim initial allowances
on capital expenditure incurred in the basic year for any
year of assessment.
No. 14.
1973.
No. 14. E/clricily g.,r'.l'. 1973.
Income tax 14. (1) Notwithstanding the provisions of the Income Tax
concession. Ordinance, 1967, or any Act amending or replacing the same-
No. 21 of 1967. n
(a) the rate of tax chargeable on the Company in respect
of its profits or any part of them shall be at the rate
of *-" . and
(b) the rate of tax chargeable on any shareholder or
debenture holder of the Company in respect of any
dividends or interest paid by the Company shall be
at the rate of 32%.
(2) The Company shall not be liable to pay any other
tax based on income received or profits earned during the period
of ten years beginning on the Appointed Day.
Erection of 15. (1) The Company may-
electric lines
etc. and entry (a) subject to the provisions of sub-sections (4) and
upon land. (5) of this Section, erect or instal in, on, under or
over any land any poles, electric lines, conductors,
sub-stations, pipelines, cables or other works or ap-
paratus used or to be used in the installation or work-
ing of the undertaking;
(b) keep in being and use any poles, electric lines, con-
ductors, sub-stations, pipelines, cables or other works
or apparatus erected or installed pursuant to the
Hydro-Electric Ordinance, 1951, in, on, under or
over the land of any other person;
(c) alter, substitute, repair or remove any such pole,
eletrie line, conductor, sub-station, pipeline, cable,
works or apparatus erected or installed pursuant to
this Act or the Hydro-Electric Ordinance, 1951, at
all times when, in th? opinion of the Company, the
same may be necessary or desirable.
(2) Subject as aforesaid, the Company for the purpose
of ereting, installing, altering, substituting, repairing or re-
moving any such pole, eleeirie line, conductor, sub-station, pipe-
line, cable, works or apparatus may enter upon any land and
may--
(a) clear such land:
(b) dig the soil and remove the surface of such land;
(c) temporarily close or obstruct such land; and
59
No.' 14. Electricity Supply. 1973.
(d) generally do all acts and things necessary for such
purpose.
(3) For the avoidance of doubt, it is hereby declared
that a change in the ownership of any estate or interest in land
in, on, under or over which any pole, electric line, conductor,
sub-station, pipeline, cable or other works or apparatus has been
erected or installed pursuant to this Act or the HIydro-Electric No. 24 of 1951.
Ordinance, 1951, shall not oblige the Company to remove the
same or to serve any further notice in relation to the same
pursuant to this section.
(4) Before erecting or installing any poles, electric lines,
conductors, sub-stations pipelines, cables or other works or
apparatus on any private land the Company shall give notice in
writing of its intention to to do and of the nature niiid of the
position of the works so be done to the owner or occupier of
such land and if the owner or occupier cannot be ascertained
then such notice shall be posted conspicuously on tho land in
question, and the Company shall have due regard to Ihe reason-
able-wishes of the owner or occupier in respect of the location
of any such erection or installation.
(5) If the owner or occupier of land shall, within seven
days from the service or posting of a notice such as is referred
to in sub-section (4) of this Section, give notice in writing to
the Company of his objection thereto, the Company shall notify
the Minister of such objection and the Minister shall as soon
thereafter as is possible consult with the Company and the ob-
jector (unless he considers that such consultation is unnecessary)
and give a direction-
(i) that the Company may carry out its proposal
without condition ; or
(ii) that the Company may carry cut its proposal sub-
jeet to conditions as to the form or location of the
installation; or
(iii) that the Company may not carry out its proposal.
16. (1) In the course of construction and for the more Trees and
effective working of the undertaking, the Company may enter buildings.
upon and remove from any public or private land, any tree or
any branch, bough or other part of a tree growing on such land
within 100 feet of any electric line and which may tend to inter-
fere with, endanger or otherwise prejudicially affect the working
of the undertaking; but the Company shall not, except with the
consent of the owner or occupier of such land, enter upon any
No. 14. Electricity Supply. 1973.
private land under the provisions of this section until after the
expiration of seven days' notice in writing given to the owner
or occupier thereof or posted up conspicuously thereon. If such
owner or occupier shall, within seven days from the service or
posting up of such a notice, give written notice of his objection
thereto, the matter shall be referred by the Company to the
Minister. The Company shall not enter upon the private land
in question if the Minister shall, within 30 days of being notified
by the Company of any such objection as aforesaid, so direct:
Provided that where any condition exists which is dangerous or
is interrupting, or threatens to interrupt, the supply of elec-
tricity in the State or any part thereof, the Company may
immediately enter upon any private land without the consent
of the owner or occupier thereof and take whatever action is
necessary to establish safe conditions or to ensure the continuity
of the supply of electricity. Whenever the Company takes
action under the terms of this proviso the Company shall
within three days inform the owner or occupier of the land
in question (either by service of a written notice on him or by
posting up conspicuously a notice on such land) of the action
taken.
(2) Except with the written consent of the Company no
person shall erect any building or structure in such a position
or manner as may interfere with the supply of electricity
through any overhead electric line which belongs to the Com-
pany; if after any such overhead line has been constructed, any
person erects any building or structure which interferes with
or which may interfere with the proper working of such line,
the Company may request the owner or occupier of the building
or structure in question to remove or adjust the same as may be
necessary. If such owner or occupier fails to comply with such
request, the Company may apply to the Minister for the removal
or adjustment of the building or structure in question and, after
making any such enquiry as he may deem necessary, the Minister
may make such order as he deems fit. Every such order may,
by leave of a Judge of the High Court of Justice, be enforced
in the same manner as an injunction granted by him.
Offence of 17. Any person who without due cause obstructs or
obstructing the attempts to obstruct the Company in the lawful performance
Company of any of the powers conferred on the Company by section 15
or sub-section (1) of section 16 shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding
two hundred and fifty dollars, or to imprisonment for a period
not exceeding six months.
No. 14. Electricity Supply. 1973.
18. Any person who fells, lops or trims any tree thereby Damage caused
causing damage to any electric line or other works or apparatus by lopping
which forms part of the undertaking shall be guilty of an offence trees.
and shall in addition to any penalty that may be imposed on
him, be liable to pay the expense of remedying the damage so
caused: Provided however that the Company whenever requested
by any owner of land so to do shall fell, lop or trim any tree on
such owner's land which is threatening to damage any such elec-
tric line or other works or apparatus.
19. (1) If any person knowingly and without legal right Stealing
abstracts or causes to be extracted, or diverts or causes to be electricity.
diverted, any electricity, or consumes or uses any electricity,
which has been unlawfully abstracted or diverted such person
shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding five hundred dollars or to
imprisonment for a period not exceeding twelve months.
(2) If any person without legal right wilfully dis-
connects, damages or removes or suffers to be dis-connected,
damaged or removed any electricity line, meter switch, fuse
or other works or apparatus belonging to the Company, or
alters the index of any meter belonging to the Company, or
otherwise prevents any such meter from correctly registering
any quantity of electricity supplied by the Company, such
person shall be guilty of an offence and for every such
offence he shall be liable on summary conviction to a penalty
not exceeding one hundred and fifty dollars for the first
offence and not exceeding two hundred and fifty dollars for
any such subsequent offence, and without prejudice to the fore-
going, the Company may recover from such person the amount
of any damage by it sustained and may also (notwithstanding
any agreement or contract previously existing) discontinue any
supply of electricity to such person.
(3) If upon any premises or land in the occupation of
a consumer having effective custody or control of a meter or
installation there is connected or adjacent to any electric line
or meter any wire or device capable of wrongfully abstracting,
diverting, consuming, or using electricity or of preventing any
meter from correctly registering any quantity of electricity sup-
ply by the Company, the existence of such wire or device shall
be accepted by a Court as prima facie evidence that such con-
sumer has without legal right abstracted or diverted electricity
or (as the case may be) has without legal right wilfully prevented
a meter from duly registering any quantity of electricity sup-
plied by the Company.
Elcr 1 city SuI pl.,/.
Power of entry
for ascertaining
quan:tity of
celetricity
Collsulmed.
I,'ectrie linea
,cc. not
C trainmble
or subject to
execution.
(4) If any apparatus or equipment and/or installation
Ichlo~iing. to a consumer supplied or to be supplied with elec-
tricity by ihe Companiy is found to have a lagging power factor
of less than 0.8 or a leading power factor in excess of 1.0 in
phase re'tion.ship between Kilowattamperes and Kilowatts then
the Company may request the consumer in writing to provide
a;' Al in all at the consumer's expense such power factor cor-
rectiiig equipment necessary to maintain the resultant power
factor of the apparatus, equipment and/or the installation
within the required limits.
Should the consumer not comply with the Company's
request within the period stated by the Company, then the
electricity supply may be disconnected or not connected as the
case mniy l e until tlhe apparatus, equipment and/or the installa-
tion meets with the Company's requirements.
20. The Company may at all reasonable times enter upon
any laid or premises to which electricity is or has been supplied
1y the Coi'iipay for the purpose of inspecting, testing or main-
tainipng the electric liniis, meters, accumulators, fittings and other
works anid apparatus thereon belonging to the Company, or of
ascertainingg tlie quantity of electricity consumed or supplied
in or to such premises or. where a supply of electricity is no
longer required or where the Company is entitled to take away
and cut off the supply of electricity from any such land or
premises, for the purpose of removing any electric lines, meters,
acCeumilators, fittings, or other works or apparatus belonging
to the Company: Provided that the Company shall repair
all damage caused by any such entry, inspection, maintenance
or removal and provided further that should anyone wilfully
or mali..ouslv place or erct anything which impedes or hinders
the easv, entry, inspection, maintenance or removal by the Com-
pajy if it properly the CoImpany shall be at liberty to
remove the impediment or hindrance in question at the cost
of the occupier of the land or premises in question and the
Company shall not be responsible for any damage caused there-
by.
21. Where man electric lines, meters, accumulators, fittings,
or other works or apparatus belonging to the Company are
placed for the purpose of supplying or measuring electricity in
or uponw any land or premises not being in the possession of the
Company, such electric lines, meters, accumulators, fittings or
other works or apparatus shall not be subject to distress or to
No. 14.
1973.
Electricity Supply.
the landlord's remedy for rent of the land or premises where
the same may be, nor shall the same be liable to be taken in
execution under any process of a Court of Justice, or under any
proceeding in bankruptcy or insolvency.
22. If any consumer shall be in default with any payment
due by him to the Company in respect of electricity the Company
(without prejudice to any other remedy available to it) shall
be at liberty to discontinue the supply of electricity to such
consumer until such time as such payment together with the
Company's reasonable charges for the r connection of such
consumer's electricity services have been paid.
23. (1) It shall be lawful for the Company, subject to the
Company making good to the reasonable satisfaction of the
Minister all damage occasioned thereby, to erect, instal or re-
place along or under or over any road in the State without pay-
ment of any way-leave rent, fee or other charge, any poles,
electric lines, conductors, sub-stations, pipelines, cables or other
works or apparatus, to remove or repair all or any of the same
to retain all or any of the same already so erected or installed
without payment as aforesaid, and in connection with any such
erection, installation, replacement, removal or repairs to break
up, excavate and temporarily obstruct any such road.
(2) Whenever the Company breaks up or excavates any
road, it shall with all convenient speed complete the work for
the purpose of which the road was broken up or excavated.
Where a road has been broken up or excavated, the Company
shall make the same good to the reasonable satisfaction of the
Minister and shall carry away the rubbish occasioned thereby.
Until the road has been made good, the Company shall fence
the road where it has been broken up or excavated and shall
maintain during the hours of darkness a light sufficient to warn
persons using the road of the danger constituted by the breaking
up or excavation. At any place where a road has been broken up
or excavated by the Company, the Company shall keep the
same in good repair for three months after it has been made
good and for such further period (if any) 'not exceeding twelve
months as the sub-soil of the road at that place shall continue
to subside.
Non-payment
of electricity
charges.
Company may
run lines etc. on
roads without
charge.
24. (1) In the exercise of any powers conferred upon it Payment of
by this Act, the Company shall cause as little inconvenience and compensation.
damage to other persons as is reasonably practicable and the
Company shall pay compensation to any person who suffers
damage to his property in consequence of the exercise of such
powers by the Company.
No. 14.
1973.
Ehlctricity Supply.
Company may
harness water.
Government to
assist Company
to acquire land
required by the
Company.
(2) The amount of such compensation shall, failing agree-
ment, be determined by a single arbitrator appointed in accord-
ance with the provisions of sub-section (2) of section 30.
(3) If by reason of the presence of any pole, electric line,
conductor, sub-station, pipeline, cable or other works or appara-
tus belonging to the Company which is alongside or under or
over any road any person shall be injured or shall suffer damage
to his property, the Company shall save harmless and keep in-
demnified, in respect of such injury or damage, the person by
whom such road is repairable.
25. (1) The Company shall have the right to harness water
power throughout Saint Vincent at such sites as Government
reserves for public electrity supply purposes whether on Crown
or private lands without payment for water rights: Provided
that this right shall not be so employed as to prohibit the use of
existing water wheels or hydraulic turbines by their owners
nor to abrogate the right of anyone to use the water power of
that part of any river within the confines of his property, where
this has not previously been reserved for public electricity
supply purposes.
(2) The Government shall reserve for the generation of
electric energy by hydro-electric works for public electricity
supply purposes the water power rights of-
(i) The Colonarie River from its sources to the point
where the intake to the Bellevue Canal is situated;
(ii) The Richmond River from its sources to the point
of intake to the headworks of the Richmond River
hydro-electric scheme;
and no development for any other purpose of those stretches
of the above rivers or their tributaries shall be allowed.
(3) The Government shall declare the watershed of the
Colonarie River and the Richmond River to be Forest reserve
and shall lake effective action to maintain, protect and improve
the forest cover in the areas reserved throughout the whole time
that this licence continues in force.
26. The Government shall at request of the Company take
all such steps as may be available to it to assist the Company
in acquiring any land reasonably necessary to the Company in
connection with its business of generating, transmitting, distri-
buting and supplying electricity in the State.
No. 14.
1973.
No. 14. 1973.
27. The Government may, in its discretion, on being re-
quested by the Company so to do, transfer to the Company the
freehold title of any Crown land reasonably required by the
Company for the purpose of the Company's said business and
in such event the transfer shall be at a price equal to the value
of such land on the open market or at such lesser price as the
Government may in its sole discretion determine.
28. (1) The Governor shall be entitled to revoke the licence
on the last day of the first fifteen years of the licence or, if not
revoked then pursuant to this section, on the last day of the first
forty years of the licence, provided always that no purport d
revocation of the licence under this sub-section will be effective
unless the Minister has given to the Company not l-ss than
twenty-four months' previous notice in writing of such revoca-
tion.
(2) If pursuant to the foregoing provisions of this section
the Governor revokes the licence, the Government shall, upon the
revocation of the licence, purchase from the respective registered
holders thereof at the price and in the manner described in
section 29 all shares and debentures issued by the Company
which are then held otherwise than by or on behalf of the Gov-
ernment, any statutory corporation incorporated under the laws
of Saint Vincent or any company the entire issued ordinary
share capital of which is for the time being in the beneficial
ownership of the Government or of any such statutory corpora-
tion.
29. (1) The Government shall pay to the respective regis-
tered holders of all debentures issued by the Company, which
the Government is obliged to purchase in accordance with the
provisions of section 28, a purchase price equal to the amount
of the principal moneys outstanding on the debentures held by
them respectively at the date of the revocation o" the licence
together with all unpaid interest-which has accrued thereunder
up to such date.
(2) The Government shall pay to the respective regis-
tered holders of all Preference shares issued by the Company,
which the Government is obliged to purchase in accordance
with the aforesaid provisions, a purchase price equal to the
amount paid up on the preference shares held by them respec-
tively at the date of the revocation of the licence together with
the amount of any premium due on the redemption thereof
Government may
transfer Crown
land required by
Company.
Power of
Government to
revoke licence
at the end of
15 or 40 years.
Purchase price
to be paid by
Government on
revocation of
licence.
1973.
No. 14.
Electricity Ripjdti.
No. 14. Electricity Supply. 1973.
and together also with a sum of money equal to the aggregate
of the arrears (if any) of any fixed cumulative dividend (if any,
and whether earned or declared or not) on the Preference
shares held hy them respectively niil tile proportion of the
dividend on such shares (vheth, r earned or declared or not)
attrii;ibll1.e to t(he proportion of tihe then current financial
yezr of tlhe Company wlichl has expired at the date of the
revocaiti'in cof the licence.
(3) If' pursuant to section 2, the Governor revokes the
license on the last day of 1he first fifteen years of the licence,
the Government shall pay to the registered holders of all Ordin-
ary shares in the capital of the Company, which the Government
is obliged to purchase in accordance with the aforesaid provi-
sions, a purchase price equal to that proportion of the aggregate
of-
(a) the net value of the Company's assets at the date of
the revocation of the licence, calculated in accord-
ance with the provisions set out in Parts I and II of
Third Schedule, the Third Schedule to this Act; and
(b) a sum of money calculated in accordance with the
provisions set out in Part III of the Third Sch,'dule
to this Act;
which the aggregate amount paid up on the Ordinary shares
being purchased from the registered holders hereof bears to
the aggregate amount paid up on the whole of the Company's
issu11d Or. inary shares capital at the late of the revocation of
the liieiice, s-lch purchase price to be divided among such regis-
tered holders in proportion to thlir holdings of such shares.
(4) If pursunant to section 28 the Governor revokes the
licence on the last day of the first forty years of the licence, the
Government shall pay to the registered holders of all Ordinary
shares in the cpintal of the Company, which the Government is
obliged to purchase in accordance with the aforesaid provisions,
a purchase price equal to that proportion of the net value of
the Company's assets at the date of thl revocation of the licence
(such net value beimngT enlcated in accordance with the said
provisions se" out in Parts I and II of the Third Schedule to
this Act) which the aggrgate amount paid up on the Ordinary
shares being purchased from the registered holders thereof bears
to the aggregate amount paid up on the whole of the Company's
issued Ordinary share capital at the date of the revocation of
the licence, such purchase price to be divided as aforesaid.
67
No. 14. Electricity Supply. 1973.
(5) Any purchase price payable by the Government in
accordance with the foregoing provisions of this Act for any
shares or debentures of the Company shall be paid before the
expiry of one year from the date of the revocation of the licence
and shall bear interest, such interest to be calculated from such
date until payment at the rate of 81/ per cent per annum and
to be payable half-yearly.
(6) If the Governor shall serve upon the Company a
valid notice revoking the licence, the Company shall not there-
after, except with the previous written consent of the Governor,
issue any share or debenture.
(7) If any disagreement shall ever arise as to the correct
amount of the purchase price to be paid by the Government
to any shareholder or debenture holder of the Company in
accordance with the foregoing provisions of this Act, the amount
to be so paid to the shareholder or debenture holder in question
shall be determined by a single arbitrator appointed in accord-
ance with the provisions of sub-section (1) of section 30.
30. (1) On any reference to arbitration under section 7 Appointment
or section 29 the arbitrator shall-be appointed by agreement of Arbitrator
between the Governor and the Company or in default of such
agreement shall be the Puisne Judge assigned to the State of
Saint Vincent in accordance ivith the West Indies Associated
States Supreme Court Order, 1967.
(2) On any reference to arbitration under section 24 the
arbitrator shall be appointed by agreement between the person
claiming compensation and the Company or, in default of such
agreement, by the Registrar of the High Court of Justice.
31. (1) Save as otherwise provided in this Act and save Arbitration
where inconsistent with the provisions of this Act, the Arbitra- proceedings.
tion Ordinance, 1952 shall apply to every reference to arbitration No. 10 of 1952.
under this Act.
(2) Upon any reference to arbitration under section 7
or section 29 of this Act in relation to which the arbitrator has
been appointed by agreement between the Governor and the
Company, the arbitrator may of his own motion and shall if
requested by either party state any question of law arising im
the course of the reference to him, in the form of a special case
for the decision of the Court and an appeal shall lie to the
Court of Appeal from any such decision but save as aforesaid,
Electricity Stpply.
sections 1 oind 31 (of the Arbitration Ordinance 1952 shall not
apply to any reference to arbitration under section 7 or section
29 of this Act.
(3 Upon any reference to arbitration under section 7 or
section 29 of this Act, in relation to which the arbitrator is
the Puisne Judge assigned to the State of Saint Vincent-
(, ) sub-sections (1) and (2) of section 11, sub-section
(1) cf ,:'tion 12, sub-section (1) of section 13, sec-
tion 19 and section 33 of the Arbitration Ordinance,
1952 shall not apply;
(b) lhe arblitrator inmy of his own motion and shall if
requested ly either piariy state any qu stion of law
ari'i.. in the course of the reference to him in the
form o ai special ias for the decision of the Court of
Appeal and in relation to such special case stated
the Court of Appeal shall have the same powers as
would be exercised by the High Court in relation to
a special case stated under sub-section (2) of this
section;
(ei Any powers exercisbll under the Arbitration Ordin-
ance, 1'52, by a Judgc of the High Court, which
powers are not excluded under or by this Act or
which are not exercisable by the Court of Appeal
under this Act shall be exercisable by a Judge of
the High Court whether or not he is the arbitrator.
Exemption from
stamp duties
etc.
General penalty.
Application of
Act to other
part of the
State.
Regulations.
32. The Company, shall be granted such exemption from
payment of stamp duties as may have been or may b: provided
for by an agreement of the Company and Governrm:ent. The
grant of such exemption and the particulars thereof shall be
evidenced by a certificate under the hand of the Minister.
33. Any person found guilty of an offence uider this
Act for which no special penalty is provided by this Act shall
be lible on stiniuary conviction to a fine not exceeding one
hundred and twenty dollars or to imprisonment for a period
not exceeding six months.
34. The Governor may by Order published in the Gazette
apply the provisions of this Act to any Island of the State of
Saint Vincent in the Grenadines other than the Island of
Bequia.
35. (1) After consultation with the Company and after
No. 14.
1973.
69
No. 14. Electricity Supply. 1973.
considering any representations made by the Company or by
any other interested party the Governor may make Regulations-
(a) for the safety of the consumers and of the- public
generally and for the protection of consumers and
of the public generally against personal injury or
damage to property arising from the generation, sup-
ply or use of electricity;
(b) to provide for enquiries to be held in connection with
any accident which is or may be attributed to an
escape of electricity or to the state or conduct of any
part of the undertaking;
(c) conferring or imposing upon any sub-licensee powers,
privileges, obligations and restrictions similar to
those imposed or conferred upon the Company by
this Act otherwise than by sections 3, 4, 7, 12, 13,
28, 29, and 32;
(d) for the purpose of preventing or minimising radio
interference or electrical interference arising from
the generation, transmission, distribution or use of
electricity;
(e) prescribing the qualifications of electrical engineers,
chargemen, wiremen, and contractors;
(f) for the examination, licensing and registration of
electrical engineers, chargemen, wiremen, and con-
tractors and for the grant of certificates of compe-
tency and of registration;
(g) prescribing the forms of certificates of competency
and registration for electrical engineers, chargemen,
wiremen and contractors;
(h) prescribing the fees to be charged in respect of the
examination for electrical engineers, chargemen,
wiremen and contractors;
(i) prescribing the forms of certification of inspection
to be issued by electrical inspectors, the fees to be
charged for inspections to be made by such inspectors
and the persons by whom such fees shall be paid;
(j) prescribing conditions, required by the Company,
upon which and subject to which the Company will
supply electricity.
(k) prescribing the procedure for resolving disputes ex-
isting before the Appointed Day;
El/ cricity Supply.
(1) for any other purpose necessary to carry out the pro-
visions of this Act.
(2) All such Regulations shall be published in the Gazette
and shall have the force and effect of law.
(3) Regulations may contain provision that certain
breaches tllertolf shall he offences punishable on summary con-
vittion ;an prescribing penalties for such offences, but no offence
against th,, Regulations shall attract a penalty or a fine exceed-
ing two hundred and forty dollars or a penalty of imprisonment
exceeding three months.
S.R. & 0. No. 3S (4)intil revoked by Regulations made under this Act
of 1969. the Elhcttricity Rules, 1969 made under the Hydro-Electric
No. 24 of 1931. Ordiinatnec 1931 shall remain in force as part of the laws of Saint
Vincenit.
Government 36. (1) There shall be a post of Government Electrical
Electrical Inspector.
Inspector.
(2) The Government Electrical Inspector shall enforce
any Regulations from time to time made under this Act and
he shall have the right at all reasonable times to enter, for the
purpose, of insp) eting or testing any electric line or any elec-
trical appIratus or works, upon any land or premises to which
electricity is supplied or upon which electricity is generated,
transmitted or distributed.
Repeal. 37. Wilhout prejudice to Section 35 (4) of this Act, the
No. 24 of 1951. 11ydro-Elctric Ordinance, 1951 is hereby repealed.
THE FIRST SCHEDULE
(Section 7)
ISLAND OF SAINT VINCENT.
With effect from the Appointed Day the Company's tariffs
will be as follows:-
PART I
Lighting Rate: Applicable to all electricity supplied for elec-
tris light (other than electric light consumed on premises used
exclusively for private residential or commercial purposes) and
No. 14.
1973.
No. 14. Electricity Supply. 1973.
other than Street Lighting provided by Government or other Local
Authority-22 cents per unit provided that the minimum monthly
charge to any consumer shall be $1.50.
Domestic Rate: Applicable to all electricity consumed on
premises used exclusively for private residential purposes.-
The first 20 units at 10 cents per unit, the next 60 units at 15
cents per unit and any units over that amount at 7 cents
per unit. The minimum Monthly Charge to be $1.50.
Commercial Rate: Applicable to all electricity supplied to
premises where the .lighting, domestic or industrial power rates
are not applicable: the First Block equal to the floor area of the
premises in square feet divided by 50 at 20 cents per unit: A
Second Block of the next 4,000 units at 9 cents per unit and the
remainder of any units consumed at 6 cents per unit.
The Minimum Monthly Charge to be the charges as per the
First Block.
Note. For the purpose of the foregoing provisions of this
paragraph the floor area of such commercial premises shall be
deemed to be the total floor area of such premises, including
verandahs, patois (whether roofed or not) kitchens, service
areas, staff quarters and out building. (but not gardens,
paths, roads, parking areas or yards) to which the Company
has agreed to supply electricity.
Industrial Power Rate: Applicable to a1il electricity supplied
to any premises on which they are installed for the purpose of
industry, electric motors having an aggregate maximum power output
rating of not less than 5 h.p. and not normally in use between the
hours of 6.00 p.m. and 10.00 p.m.
A basic charge of $2.00 per month for each kilowatt com-
prised in the maximum power output rating of all motors and
appliances connected at any time during such month at the con-
sumer's premises (for this purpose any portable appliances being
deemed to be connected) plus an Energy Charge of 6 cents per
unit consumed, provided that *the Minimum Monthly Charge to
any consumer shall be the basic charge.
No. 14. Electricity Supply. 1973.
Note: For the purpose of the foregoing provisions of this
paragraph onI horse power shall be deemed to equal three-
quarters of one kilowatt.
SECOND SCHEDULE (Section 7)
ISLAND OF BEQUIA
DOMESTIC RATE:
Applicable to all residential houses.
First Block -For all units consumed per month up to a maximum of 30
units @ 200 per unit
Plus Second Block-R nmaining number of units @ 12 per unit
Minimum charge per month $1.50.
COMMERCIAL RATE:
Applicable to premises where the domestic rate does not apply.
Service charge -$2.00 per month
Plus First Block -All units consumed per month up to a maximum of 30
@ 20 per unit
Plus Second Block -Next 500 units consumed per month @ 10 per unit
Plus Third Block -Reimining number of units consumed per month @ 8S
per unit.
Minimum charge per month $2.50.
THE THIRD SCHEDULE (Section 29)
PART I
The net value of the Company's assets shall be deemed for
the purpose of section 29 to equal the aggregate of-
(a) the amount of the Company's cash in hand or at bank and
the value in the open market of the Company's other
current assets;
(b) the value in the open market of the Company's invest-
ments and of all land of whatever tenure of the Company
as if such land were unencumbered with any buildings
No. 14. Electricity S.upply. 1973.
plant, works and fixtures erected thereon or affixed there-
to: Provided that the value of any land transferred by
the Government free of all costs pursuant to clauses 10
and 11 of an agreement in the form of the draft set out in
the Schedule to the Hydro-Electric Ordinance, 1951, shall
be ignored for this purpose;
(c) an amount equal to the useful life value of each fixed
asset of the Company (exclusive of investments and land
but inclusive of buildings, plant, works and fixtures erect-
ed on or affixed to land, motor vehicles, furniture, office
equipment, tools, workshop equipment and other mov-
ables) such useful life value being determined by dividing
the estimated replacement cost on site of the fixed asset
in question by the number of years comprised in the
amortisation period shown in Part II of this Schedule
opposite to the category of the asset in question and
multiplying the same by the number of years of estimated
useful life which remained in that asset at the date of
revocation of the licence ;
after deducting from such
debts and other liabilities at such date (contingent Iiabilit'es and
claims being assessed for this purpose in such manner ,as may be
fair and reasonable) and the amount of all moneys paid up on such
date on any Preference shares of the Company and of any arrears
on such date of any fixed cumulative dividend thereon.
PART II
Category of asset Amortisation period
Concrete and steel buildings and civil
engineering works ...... ...... ...... 40 years
Buildings and other works of other
m materials ...... ..... ...... ...... 15 years
Pipelines and storage tanks ...... ...... 30 years
Hydraulic and steam turbines ...... ...... 25 years
Electric generators, motors end other
rotating electric machinery ...... ...... 20 years
Internal combustion engines (under 800
r.p.m ) ...... ........ ...... 15 years
Elctr'icil y Supply.
Internal combustion engines (over 800
r.p.m .) ...... ...... ...... ...... 10 years
Electric switehg.ar and instruments 15 years
Electricity meters ...... ...... ...... 10 years
Transformers ...... ...... ...... 20 years
Transmisoion and distribution lines ...... 15 years
Other fixed assets ...... ...... ...... Such number of years
as is fair and reason-
able in relation to the
fixed asset in question.
PART ITI
The sum of moncy referred to in sub-section (3) of section 29
sha1,! l a sum equal to the aggregate amount of the Company's net
trading profits (computed as hereinafter provided and as certi-
fied by the Company's auditors) during the five completed finan-
cial years of the Company next preceding the revocation of the
licence. For this purpose the Company's net trading profits shall
be computed before charging or crediting income tax or any
similar tax bnsed on income or profits or capital gains and before
making any lonn redemption provision or other appropriation of
profits but after making all other deductions including payment of
interest on indebtedness and reasonable provision for depreciation.
Pass.4d in !'/ House of Asscnmbly ltis 3rd day of May, 1973
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 96 cents. ]
No. 14.
1973.
SAINT VINCENT.
Act No. 15 of 1973.
I Assent
RUPERT G. JOHN,
[ L.S. ] Governor.
30th Miay, 1973.
AN ACT to amend the Customs Ordinmnce, Cap. 183, and
to make provision for the prevention of smuggling.
[ 5th June, 1973 ]
Be it enmeted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly
of Saint Vincent. and by the authority of the same as
follows:-
1. This Act may be cit(d as the Customs (Amendment) Short title.
Act, 1973 and shall be read as one with the Customs Ordi-
nance, Cap. 183, (hereinafter referred to as the principal Cap. 183.
Ordinance), and all amendments thereto.
2. In this Act-
"Burden" means the net registered tonnage of a
ship;
3. Section 76 (2) of Part IX of the principal Ordinance
) is repealed.
545 o5
Interpretation.
Repeal of Section
76 (2) of Pait
IX of principal
Ordinance.
No. 15. Customs (Amendment). 1973.
Part X of 4. Part X of the principal Ordinance is repealed and
principal the following Part X is substituted:-
Ordinance
repealed and
replaced.
PART X
PREVENTION OF SMUGGLING
Power to con- Any officer or Constable engaged in the pre-
trol place anl mention of smuggling may for that purpose patrol
moor patrol upon and pass freely. either on foot or otherwise,
craft. along and over any part of the State; and any
officer or constable so engaged who is in command
or in charge of any ship, aircraft or vehicle may
take such ship, aircraft or vehicle to any place
as he may deem most convenient for the purposes
aforesaid, and may keep such ship, aircraft or
vehicle at such place and for such time as he shall
consider necessary.
80. Where any ship is or has been within the
limits of any port or within three nautical miles
for smuggling of the coast of the State, or any aircraft is or
goods. has been at any place, whether on land or on
water, in the State:-
(1) which has any place constructed, adapt-
ed, altered or fitted in any manner for
concealing goods, or any device for smug-
gling good,,; or
(2) which has on board or in any manner
attached thereto, or has had on board
or in any manner attached thereto, or
is conveying or has conveyed in any
manner any goods imported contrary to
the customs laws or goods intended for
importation contrary to the customs
laws; or
(3) from which any part of the contents of
such ship or aircraft has been thrown
overboard to prevent seizure; or
(4) w4tich had on board any goods which
have been staved or destroyed to pre-
vent seizure, such ship or aircraft shall
be liable to forfeiture.
Customs (Amendment).
Further 81. (1) If any ship, having been signalled to
Provisions bring to by any vessel in the service of Her
forfeipstand Majesty, police or Customs fails to do so and
aircraft, chase is given, and at any time during or after
the chase any part of the cargo of the ship is
thrown overboard, or is staved or destroyed to
prevent seizure, such ship shall be liable to
forfeiture.
(2) Where a ship has been within the limits
of any port, or an aircraft has been in the State,
with a cargo on board and a substantial part of
that cargo is found to be missing, then, if the
master of the ship or the commander of the air-
craft fails to account therefore to the satisfaction
of the Comptroller, the ship or aircraft shall be
liable to forfeiture.
(3) If any ship liable to forfeiture or exam-
ination under.the customs laws does not bring to
when required so to do and so remains for such
period as the officer may require, the master of
such ship shall be liable to a penalty of one
thousand dollars.
82. (1) An officer or constable may go on
board any ship which is within three nautical
miles of- the coast of the State, and may put to
the master such questions as he sees fit concerning
the ship, the cargo on board and the voyage; and
he may search all parts of such ship, and may
remain on board so long as the ship is within the
distance aforesaid.
(2) If any goods whether liable to duty or
not are on board such ship as is mentioned in the
foregoing sub-section, and it appears to the officer
or constable that the ship is bound for some other
territory, he may direct the master, either orally
or in writing, to proceed on his voyage thereto
immediately.
(3) If, notwithstanding that such order or
direction has been given by an officer or consta-
ble under sub-section (2) of this section, a ship
does not with all due despatch proceed in accord-
ance with such order or direction, but remains
within three nautical miles of the coast of the
Hovering
ship suspected
of intended
smuggling.
No. 15.
1973.
No. 15. Customs (Amendment). 1973.
State, then hic goods on board such ship shall
be deemed to be goods intended to be smuggled
into the Staie and shall be liable to forfeiture,
and the officer or constable may bring the ship
into such porl or place as lhe thinks fit in order
thii llwa said goods may be landed and secured.
(4) If the master of any such ship-
(a) hinders, resists, or prevents the re-
moval ivl' such ship; or
(b) refuses to assist in the removal of
such ship when required by any
officer or constable so to do; or
(c) refuses to answer or does not truly
answer any question which is put to
him in accordance with sub-section
(1) of this section,
be shall be liable on conviction oi indictment to
a penalty of two thousand dollars or to imprison-
meint for a term not exceediiig Iwo years, or to
both.
Penanlt f(r 83. (1) Any person who, except for just and
Witerfering suffi ient cause, int. rferes in any way with any
with 1us oUS .
equipment, ship. aireratft. vehicle, buoy, anchor, chain, rope
etc. or mark in the charge of or used by an officer or
constable for any purpose under this Part of this
Act shall be liable on summary conviction to a
penalty of two hundred and fifty dollars.
P'nnlt. fr (2) Any person who, after the seizure of
r oval or anylliig under anly Customs laws, shall remove
r(scu of without lawful authority from tle place of de-
seized goo.s]. posit or shall rescue or retake anything so seized,
shall be liable to a penalty not exceeding one
thousand dollars.
(3) If anY person shall stave, break or in any
way destroy any goods liable to forfeiture, either
before or afler the actual seizure thereof, or
scutile, sink or cut adrift any ship, or destroy or
damage any vehicle liable to forfeiture, he shall
be liable to a penalty not exceeding one thousand
dollars.,
Offences ib- 84. (1) (a) If any person fires upon any vessel,
swItlggCers aircraft or vessel in the service of
v'iuieao lHer Majesty, Customs or the Police
or maliciously, shoots at, maims or
79
No. 15. Customs (Amendment). 1973.
wounds any officer or constable in
the execution of his office or duty,
shall be guilty of a felony and shall
be liable on conviction on indictment
to imprisonment for a term not ex-
ceeding fifteen years.
(b) Any person aiding, abetting or
assisting such a person shall be
guilty of a felony and shall be liable
on conviction on indictment to im-
prisonment for a term not exceeding
fifteen years.
(2) Any person concerned in the movement,
carriage or conceainent of goods:-
(a) Contrary to or for the purpose of
contravening any prohibition or re-
striction for the time being in force
or by vir tue of any enactment with
respect to the importation or export-
ation thereof; or
(b) without payment having been made
of or security given for any duty
payable thereon,
who, while so couciJI is armed with any offen-
sive weapon or disguised in any way, and any
person so armed or disguised who is found in
possession of any goods liable to forfeiture under
the customs laws shall be liable on conviction on
indictment to imprisonment for a term not exceed-
ing three years.
Penalty for 85. (1) Any person who by any means makes
signalling to any. signal or transmits any message from any
smugglers. part of the State or from any ship or aircraft for
the information of a person in any ship or air-
craft, being a signal or message connected with
the smuggling or intended smuggling of goods
into or out of the State, whether or not the person
for whom the signal or message is intended is in
a position to receive it or is actually engaged at
the time in smuggling goods, shall be liable to
a penalty of five hundred dollars, or to imprison-
ment for a term not exceeding one year, or to
both, and any equipment or apparatus used for
No. 15. Customs (Amendment). 1973.
sending the signal or message shall be liable to
forfeiture.
(2) If, in any proceedings under the fore-
going sub-section, any question arises as to
whether any signal or imssage was such a signal
or message as a foresaid, the burden of proving that
it was not, shall lie upon the defendant or
claim in nt.
(3) If any officer or constable or any member
cf the coastguard has reasonable grounds for sus-
pecting that any such signal or message as afore-
said is being or is about to be made or transmitted
from any ship, aircraft, vehicle, house or place, he
may board or enter liat ship, aircraft, vehicle,
house or pla ie and take such step.; as are reasonably
necessary to stop or prevent the sending of the
signal or message.
Intenreddling 86. If any person, not being an officer or
with goods 'constable, intermeddles with or takes up any
founll dioating uncustomed. prohibited or restricted goods,
etc. being in packages found floating upon or sunk
into the sea, such uneustomed, prohibited or re-
siricted goods shall be liable to forfeiture, and
every such person shall incur a penalty of one
hundred dollars.
Forfeiiure 87. (1) Without prejudice to any other pro-
of ships. vision of this Act, where anything has become
liable to forfeiture under the Customs laws:-
(a) any ship, aircraft, vehicle, animal
any item of passengers' baggage
container or other thing whatsoever
which has been used for the carriage.
handling, deposit or concealment of
an article so liable to forfeiture,
either at a time when it was so lia-
ble or for the purposes of the com-
mission of the offence for which it
later became so liable; and
(b) any other thing mixed, packed or
found with the article so liable, shall
also be liable to forfeiture.
No. 15. Customs (Amendment). 1973.
Notwithstanding the provisions of this sub-
section no ship or aircraft used for the trans-
portation of passengers and goods shall be so
forfeited unless such ship or aircraft falls under
the meaning of section 80 of this Act.
(2) Where any ship, aircraft, vehicle, animal
or container has become liable to forfeiture by
virtue of the foregoing sub-section or otherwise,
all tackle, apparel or furniture thereof shall be
liable to forfeiture.
(3) Where any ship, aircraft, vehicle, animal,
container or thing has become liable to forfeiture
any person who shall knowingly be concerned in
any act or omission in consequence of which the
same is rendered liable to forfeiture shall be
guilty of an offence and shall incur the penalty
provided by this Act in respect of such offence, or,
where no such penalty is provided, shall incur a
penalty of three times the value of any thing or
things seized or five hundred dollars, whichever
is the greater.
(4) Where any ship not exceeding two hun-
dred and fifty tons burden or any aircraft be-
comes liable to forfeiture under this section by
reason of having been used in the importation,
exportation or carriage of goods contrary to or
for the purpose of contravening any prohibition or
restriction for the time being in force with respect
to those goods, or without payment having been
made of, or security given for, any duty payable
th -reon, the owner or the master or commander
shall each be liable to a penalty equal to the value
of the ship or aircraft or two thousand dollars
whichever is the less.
Special 88. (1) A ship of or exceeding two hundred
provision and fifty tons burden shall not be liable to for-
as to feiture unless the offence in respect of or in con-
oflarger nection with which the forfeiture is claimed:-
ships (a) was substantially the object of the
voyage during which the offence was
committed; or
(b) was committed while the ship was
under chase by a vessel in the ser-
vice of Her Majesty, Customs or
No. 15. Customs (Amn ii mit). 1973.
Police after failing to bring to when
properly hailed to bring to by that
vessel,
(2i) eWhie an offence in contravention of the
Customs Laws is eonlnitled onl a ship of or exceed-
ing wo() h'uidred and fifty tons burden and, in the
opinion of the Compliroller, a responsible officer
of the ship is implicated either by his own act
or neglect in that offence, the Comptroller may
fine that ship such sum not eieeeding one
thousand dollars.
(3) For 1he purpose of imposing such fine,
the Comptroller may requiire such sum not exceed-
ing one thousand dollars, to be deposited with
him to await his final decision, and in default of
payment of such deposit thie Comptroller shall
have power to withhold clearance and to detain
the said ship.
(4) For the purpose of this section:-
(a) the expression "responsible officer"
means the maIster, a mate or an en-
gineer of any ship and, in the case
of a ship carrying a passenger certi-
ficate, the purser or chief steward
and, in tblo case of a ship manned
wholly or partly by Asiatic seamen,
1 he serang or other leading Asiatic
officer of the ship;
(b) witliout prejudice to any other
grounds upon which a responsible
officer may be held to be implicated
by neglect, lie may be so held if
,goods not owned by any member of
Ihe crew are discovered in a place
mnd('r th it officer's supervision in
which II: could not reasonably
have beh-) put if he had exercised
prop-', c(ire at the time of the load-
ing of the ship or subsequently.
(5) No claim shall lie against the Comptroller
for damages ini respect of payment of any deposit
or Ihe detenlIon of any ship under this section.
Protection 89. (1) Where, in any proceedings for the
of officers condeminaion of- any 1hing seized as liable to
in relation forfeiture '1Ider the customs laws, judgment is
to .-izuro
an detention giv-'n for lthe claimant, the court may, if it sees
of goods. fit, c(erlify that there were reasonable grounds for
the b 'e.
No. 15. Customs (Amendment). 1973.
(2) Where any proceedings, whether civil or
criminal, are brought against the Comptroller or
against any officer or constable on account of
the seizure or detention of any thing, and judg-
ment is given for the plaintiff or prosecutor, then
if either:-
(a) a certificate relating to the seizure
has been granted under the fore-
going sub-section; or
(b) the court is satisfied that there were
reasonable grounds for seizing or
detaining that thing, the plaintiff or
prosecutor shall not be entitled to
recover any damages or costs and the
defendant shall not be liable to any
punishment;
Provided that nothing in this sub-section shall
affect any right of any person to the return of the
thing seized or detained or to compensation in
respect of any damage to the thing or in respect
of the destruction thereof..
(3) Any certificate under sub-section (1) of
this section may be proved by the production of
either the original certificate or a certified copy
thereof purporting to be signed by an officer of
the court by which it was granted.
Provision as 90. (1) Any person who has committed, or
to detention whom there are reasonable grounds to suspect of
of persons. having committed, any offence for which he is
liable to be detained under the customs laws may
be detained by any officer or constable at any time
within three years from the date of the commis-
sion of the offence.
(2) Where it was not practicable to detain
any such person as aforesaid at the time of the
commission of the offence, or where any such
person having been then or subsequently detained
for that offence has escaped, he may be detained
by any officer or constable at any time and may
be proceeded against as if the offence had been
committed at the date when he was finally
detained.
(3) Any person may detain a person who has
committed or is' reasonably suspected of having
committed an offence against the Customs Laws,
No. 15. Customs (Amncidment). 1973.
(4) Where any person has been detained by
virtue of this section otherwise than by an officer
or constable the person detaining him shall give
notice of the detention forthwith to an officer at
the ne rest convenient office of thie Customns or
Police.
Power lo search 91. (1) Without prejudice to any other power
preIIises. conferred by tliis Act. where there are reasonable
grounds to suspect that any thing liable to for-
feiture under the 1ensoms laws is 1k'pt or con-
cealed in any building or place, any officer having
a writ of assistance may enter that building or
place at any time, whether by day or night, on
any day, and search for, seize, and detain or re-
IImove antry sNiU'h thing aind may, so fiar as is reason-
ably nlecessa ry for the purpose of such entry,
search, seiznrue. detention or removal, break open
any door, window or containeir and force and re-
move any other impediment or obstruction:
Provided that entry shall not be made by
night except in the company of a constable.
(2) Without prejudice to the foregoing sub-
section or to any other power conferred by this
Act, if a justice of the peace is satisfied by the
information upon oath given by an officer or
constable tli; there are reasonable grounds to
suspect as aforesaid, he may by warrant under
his han!rd given on a y tai y utthoriso that officer
or constable to enter and search anu. building or
pl)hce so named, and 1iha officer or constable shall
thereupon have til same powers in relation to
that buil(ling or place, and in the case of an
officer subject to the condition as to entry by
night, as if he were an officer having a writ of
assist ance.
(3) A Writ of Assistahee issued from the
High Conrt whichi is hereby authorised and re-
(quired to grI'an siuih writs upon application by
the Comptroller) sh;!ll continue in force during
tie reign in whi i it is is ;ned and for six months
thereafter.
Power to 92. (1) Without prejudice to any other power
exarer ft conferred by this Act, where there are reasonable
ipnd vehicles grounds to suspect that any ship, aircraft, vehicle
and Vehicles.
No. 15. Customs (Amendment). 1973.
or other conveyance is or may be carrying any
goods which are:-
(a) chargeable with any duty which has
not been paid or secured; or
(b) in the course of being unlawfully
removed from or to any place; or
(c) otherwise liable to forfeiture under
the customs laws,
any officer or constable may stop and search that
ship, aircraft, vehicle or conveyance.
(2) If when so required by any such officer
or constable the person in charge of any such
ship, aircraft or vehicle or conveyance refuses to
stop or to permit the ship, aircraft, vehicle or
conveyance to be searched, he shall be liable to
a penalty of five hundred dollars.
Power to (3) The Comptroller may direct any officer
examine to examine any goods laden or unladen or in-
goods Laden tended to be laden or unladen on board or from
or unladen.
any ship arriving at or departing from the State;
and if any person wilfully obstructs any such
officer in the examination of any. such goods, he
shall be liable to a penalty not exceeding one
thousand dollars.
Power to search 93. (1) Where there are reasonable grounds
persons. to suspect that any person to whom this section
applies is carrying any article:-
(a) which is chargeable with any duty
which has not been paid or secured;
or
(b) with respect to the importation or ex-
portation of which any prohibition or
restriction is for the time being in
force under or by virtue of any en-
actment,
any officer or any person acting under the direc-
tions of an officer may search him and any article
he has with him, and if any such person shall upon
being questioned by any officer whether he had
any goods obtained outside the State upon his
person, or in his possession, or in his baggage,
Cu.it,)ns (Amriedment).
refuses to answer or denies having the same and
such goods are discovered to be or to have been
upon his person or in his possession or in his bag-
gage, such goods shall be liable to forfeiture. No
officer shall be liable to any prosecution or action
at law on account of any search made in accord-
ance with the provisions of this section:
Provided that:-
(i) the person to be searched may require
10o be taken before a Magistrate or a
supervisor of the officer or other per-
son concerned, who shall consider the
grounds for suspicion and direct
whether or not the search is to take
place;
(ii) no woman or girl may be searched in
pursuance of this section except by a
woman.
(2) This section applies to the following
persons, namely:-
(a) any person who is on board or has
landed from any ship or aircraft;
(b) any person entering or about to leave
the State;
(e) any person within the dock area of a
port;
(d) any person at a customs airport.
(3) If any person rescues, destroys or at-
tempts to destroy any goods to prevent seizure, or
obstructs any officer or constable in going to, re-
maining on, or returning from such ship or boat
or in searching as aforesaid or otherwise in the
execution of his duty such person shall be liable
to a penalty of $1,000.00.
94. (1) Any officer may board any ship arriv-
ing at or intending to depart from any port or
place in this State, and such officer shall have
free access to every part of the ship, with power
to remain on board as long as he shall think ne-
cessary for carrying out his duties, and to fasten
down and seal hate ways and other entrances to
Officer to lha ve
free access to
:ill parts of lhie
ship, oand may
Ifasten ,lowin
and seal
ihatchlivys etc.
No. 15.
1973.
No. 15. Customs (Amendment). 1973.
the hold, and to mark any goods before landing,
and to lock up, seal, mark, or otherwise secure
any goods on board such ship; and, if any box
or chest be locked and the keys be withheld, such
officer may open any such place, box, or chest in
the best manner in his power; and if any goods
be found concealed on board of any such ship,
they shall be forfeited.
(2) If any officer shall place any lock, mark,
or seal upon any goods on board, and such lock,
mark, or seal be wilfully opened, altered, or
broken before due delivery of such goods is to
commence, or if any such goods be secretly con-
veyed away, or if the hatchways or entrances
after having been fastened down be opened or
the seals placed thereon broken, or if any part of
such ship shall be broken in such manwnr as to
permit the removal of any such goods, tih master
of such ship shall forfeit a sum not exceeding
one thousand dollars.
Forfeiture 95. Every person who shall lade, unlade.
of goods. tranship, convey or land, or shall assist, or be
concerned in lading, unlading, transhipping, con-
veying or landing on or from any ship any goods
contrary to the provisions of any Customs Laws
or who shall knowingly receive, harbour, or con-
ceal or knowingly cause or suffer to be received
harboured or concealed any goods laden or un-
laden, transhipped, waterborne, conveyed or
landed as aforesaid, or who shall deal with any
goods or be concerned in dealing with any goods
in any manner with intent to evade payment of
duties due thereon shall forfeit and pay a penalty
not exceeding one thousand dollars and such
goods shall be forfeited.
Provided however that in lien of the afore-
said penalty the Comptroller of Customs with
the consent of such person impose a fine equiva-
lent to treble the value of the goods which fine
shall be paid within five days from the date of
the imposition, and in default of payment within
the prescribed time the offender shall be pro-
ceeded against for the recovery of the penalty
hereinbefore first prescribed.
Customs (Amendment).
Penaci y for
oi st r'eting
of p)er'sosl
acting under
Custoihis Lawns.
5. Section 128 of Part XII of the principal Ordinance is
amended by repealing the words "fifty pounds" and substitut-
ing the words "five hundred dollars".
Insertion of 6. After section 128 of the principal Ordinance the fol-
new section. lowing section is inserted in Part XlI:
Provi,iol1S
as to
imp1r1isonmitlt.
129. (1) Where the sum adjudged to be paid
by the conv'vetion of a court of summary jurisdic-
tion under the customs laws, including any costs
adjudged to be paid by the conviction of which
the amount is ascertained thereby, does not exceed
five hundred dollars, the maximum period of im-
prisonment that may be imposed in respect of the
non-payment of that sum shall be six months; and
where the sum adjudged to be paid as aforesaid,
including any costs, exceeds five hundred dollars,
the maximum period of imprisonment that may be
imposed in respect 'of the non-payment thereof
shal! be twelve months.
(2) Where the sum adjudged to be paid on
conviction exceeds five hundred dollars, and the
person convicted has previously been convicted of
an offence against the customs laws, or has previ-
ously incurred a pecuniary penalty or forfeiture
96. (1) Whosoever shall obstruct, hinder, mo-
hlst, or otherwise interfere with the Financial
Secretary, the Comptroller, or any Magistrate
officer, or other person awiuhorised to perform any
act or duty under any ('Customs Laws, or any of
Ihliir servants, in th' d(is,.harge of any authority
conferred or duly imposed under such laws, shall
be liable o10 a penalty no, exceeding one thousand
dollars.
(2) Whosoever shall use abusive or insulting
SIng'Iuage to any such officer while in the execu-
tion of his duty shall be liable to a penalty not
exceeding one hundred dollars.
97. (1) Where the Comptroller has power to
impose a fine such fine sL1all be paid to him.
(2) An appeal against the imposition of a
fine by the Comptroller shall lie to the Governor.
Penalty if)-
posed by2
Comptollc'r
Amendienti
of section 128
of principal
Ordinan "e.
No. 15.
1973.
No. 15. Customs (Amendment). 1973.
under the customs laws which has been enforced
in any court, the court may, if it thinks fit order
the person convicted, in lieu of paying a pecuniary
penalty, to be imprisoned for a period not exceed-
ing twelve months.
Passed in the House of Ass( mbly i.iis Ith day of Maiy, 1973.
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY TIIE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 60 cents. ]
SAINT VINCENT.
Act No. 16 of 1973.
I Assent
RUPERT G. JOHN,
[ L.S. ] Governor.
30th May, 1973.
AN ACT to amend further the Medical Registration Ordinance,
Cap. 113.
[ 5th June, 1973 \
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same, as follows:-
1. This Act may be cited as the Medical Registration Short title.
(Amendment) Act, 1973, and shall be read as one with the Cap. 113.
12 of 1927.
Medical Registration Ordinance, Cap. 113 (hereinafter referred 19 of 1939.
to as the principal Ordinance) and all amendments thereto. 5 of 1946.
2. Schedule A of the principal Ordinance is hereby re- Schedule A of
pealed and replaced with the following:- the principal
Ordinance
repealed and
SCHEDULE A (Sections 5 and 6)' replaced.
Persons entitled to be registered on procuring certificates from
the Medical Board.
Any person who shows to the satisfaction of the Medical
) Board-
No. 16. Medical Registration (Amendment). 1973,
(a) that he holds some recognized qualification or qualifi-
cations granted in a Commonwealth country or in a
foreign country, and
(b) thAit he is by law entitled to practise medicine, surgery
and midwifery in the country where his said qualifica-
tiont or qualifications were granted.
(c) that he is able to read, writ and speak the English
language.
3. Nothing in this Act shall prevent-
(a) Any person from giving aid in cases of emergency
without hire, gain or hope of reward; or
(b) th,- domestic administration of home remedies and
treatment.
Passed in the House of Assembly this 4th day of May, 1973.
OWEN CUFFY,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
__[ Price 8 cents. ]
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