CARIB RESERVE ACTextwprlegs1.fao.org/docs/pdf/dmi86947.pdf · special notice as aforesaid has...

La VV"' VI' UUMlNll:A

CARIB RESERVE ACT

CHAPTER 25:90

Act22 of 1978

Amendedby21 of 1980*8 of 198415 of 198412 of 1990'is o( I (Vi it1 0\ '\ {"

(*By implication)

Current Authorised PagesPages Authorised

(inclusive) byL.R.O.

1-60 1/1991

2 Chap. 25:90 Carib Reserve

onSubsidiary Legislation

The Carib Reserve Council (Dissolution) Order 1989 (S.R.O. 26/1989)made under section 14(5) of the Act has been omitted.

CaribReserve Chap. 25:90 3 5 lap. 25:90 7

CH.t\PTER 25~90atement of

CARIB RESERVE ACT

is made.

ARRANGEMENT OF SECfIONSlution.

SECTION

1. Short title.

PART I

PRELIMINARY IVe fund.

2. Interpretation.

PART II

ESTABLISHMENT OF OFFICE OF CARIB CHIEF ~ounci1 or

3. Carib Chief.4. Oaths to be taken by the Chief.5. Acting Chief.6. Nomination of candidates as Chief. mts.7. Disposal of deposit.8. Uncontested elections for office of Chief.9. Contested election adjournment to take the poll.

10. Power to adjourn polling day in event of emergency.11. Withdrawal of candidature.12. Taking of poll and the ballot.13. Election of Chief.

PART III

CONSTITUTION AND POWERS OF COUNCIL

14. Constitution and duration of Council.1~ ()l1o:11!f1~~!!0~~ ~f ~~~~_....~ ~~ ("'~~_:~-~~~_

16. Disqualification of member.if. Forfeiture of seat by member.18. Expulsion of member.19. Penalty for unqualified persons sitting and voting.'j(l D oC'~ ITr'Il ".;...; __ _ .f: _ ...._ 1-.___

- -_ --_-- ,i-,=-::"'-'-~----':'':' -;...-..;;. .;;,.;;._______1 __ 8

1.lln 111001 R.O.1I1991 TDn 111001


PART XI

MISCELLANEOUSion as to

115. Notice of transfer or removal to be given.116. Penalty.117. Control of lands,118. Penalty for offences under this Act.

Proceedings how instituted.

SCHEDULE.

.on,

elating to

CaribReserve Chap. 25:90 9 lap. 25:90 1113

CHAPTER 25:90

CARIB RESERVE ACT

AN ACT to provide for the establishment of a body corporate for 22 of 1978.

the Carib Reserve, to make provision for the administration ofthe Reserve and for matters connected therewith.

tionof this Nomination of~ E''!H,!!A~A ~tpo~ '!H!

nination 01 Chi~f.

11 attend at [15 of 1984].

didates for

lief-

s than six

1 Form 10; Form 10.

2. In this Act - Interpretation.

"Chief' means the Carib Chief of the Reserve elected under section 3;

"Clerk" means the Clerk of the Council;

"Council" means the Carib Reserve Councilestablished in accordancewith section 14;

"Form" identified by a number, means the form so identified as set outin the Schedule; Schedule.

"Minister" means the Minister responsible for local government;

"Reserve" means that area set apart and described in section 41 as theCarib Reserve;

"Revising Officer" means the person appointedby the Minister for thepurposeof revising andsettlingthelist ofvoters under this Act;

"street" includes any square, road, bridle-path, pathway, blind-alley,pa.55ag~, fUULWciy, paverueni ur public place,

[30th March 1978]

1. This Act may be cited as the -

CARIB RESERVE ACT.

PART 1

PRELIMINARY

Commencement.

Short title.

nominatedanypersonthe list of

resaid anders as may

ion deliverieclaration~ or, if they his dulybe. If the Forms 11 and 12.

ationof the

at the time.Returningdo so, the

ection 6(5) Dispo~a1 of. Offi deposit.mg icer

etumed by.. - -- - ---

L1 I t:l-'l t:;:st:u-

ir by them,

'ithdraws! ofmdidature.

rrn 15.

.ing of pollthe ballot.

rrlKl 11

ESTABUSfu\tiENl OF orncs OF CARIB carer

3. (l) There shall be a Carib Chief for Dominica (hereinafter Carib Chief.f15 of 19841.

LR.o.1I1991

",i,. V.i "" iii",ii

)P.$ Officerghthofthe-e the close

L.R.v. ijiYYi

:tion of Chief.of 1984].


PART m oximatcly five

Constitution andduration ofCouncil.

Cap. 190.(1961 Ed.).

CONSTITUTION AND POWERSOF COUNCIL

14. (1) There shall be in and for the Reservea body corporateforthegovernment oftheReserve. It shallbe alocalgovernmentbody, andin additionto the powers given in this Act shall have the powers of aCouncil under the Village Councils Ordinance.

(2) The body corporate shall bear the name of the "CaribReserve Council" and shall consistof sevenpersons,that is to say theperson elected as Chief and six other persons elected as membersthereof:Providedthatif a sufficientnumberofmembersarenotelected,or if no personsoffer themselves for electionor are elected, the PrimeMinistermaynominate asmanyadditional members asmaybe requiredto constitute the Council.

(3) The body corporate shallhave an officein the Reserve andon official seal.

(4) Subject to the provisionsof this Act, any powers, authorities, interests, rights,immunities andprivileges vestedin the Councilasconstituted immediately beforethe commencement of this Act shallbedeemed to be vested in the present Council, and all property real andpersonal, belonging to the former Council is hereby declared to bevested in the present Council.

(5) TheMinistershallthreedaysbeforeanygeneralelectionofmembersheldundertheprovisions of section52, or inkeepingwiththeprovisions of section91 by Orderpublishedin theGazette dissolve theCouncil.

afterprovided,)rfurtherterms

he Ministerby

hich has come: as Chief;

stlyappropriatontrolbyvirtue

thevotesof notispassedavote

1since he was

ted as Chief ifbeenconvicted>erty under his

beforeenteringh in section88.

Qualifications of *15. No person shall be qualified to be elected as a member of themembers ofCoun- Councilunless he _cil.

(a) is a citizen of the Commonwealth of Dominica;

(b) has attained me age of eighteen years;

-

of proficiencyto enable him to take an active part in theproceedings of the Council;

(d) is residentin the Reserve.

Leas,; vacant, or theableto performrformed-

(T nn thp ~i1vir.pI;:J --- --- ---

nembers of the

ie adviceof theer may appointifter consultLng

Carib Reserve Chap. 25:90 15

16. (1) ..A.. person shall be disqualified from being a mernc-er of the Disqualification

C0U11Cll if ana willie i1e -

(a) cannot speak, read or write English;

(b) is a minister of religion;

(c) holds any office or place ofprofit in the gift or disposalof the Council;

(d) is an undischarged bankrupt;

(e) is suffering from mental disorder;

(f) has directly or indirectly by himself or his partner, orany person in his employ, any share or interest in anycontract or employment with, by or on behalf of theCouncil;

(g) is no longer resident in the Reserve.

(2) Notwithstanding subsection (1)(f), a person shall not be sodisqualified, or deemed to have any share or interest in such contract oremployment by reason only of his having any share or interest in -

(a) any lease or sale or purchase of or dealing in propertyvested in the Council or in any agreement for the same;or

(b) any agreement for the loan ofmoney or any security forthe payment of money only; or

(c) any newspaper, in which any advertisement relating tothe affairs of the Council is published; or

(d) any company which contracts with the Council forlighting or supplying with water or insuring againstfire or hurricane any part of the Reserve,

nor shall any person being a member of the Council be so disqualifiedif after having tendered for the supply of any materials for the use oftheCouncil it is found by a majority of three members at least of theCouncil that the supply of the material by that member will be1 r- _•. .,. .1,.. ....

l)I;;UCal\.;ldl LU uu; LUUUl.:ll.

17. If any member of the Council

(a) becomes bankrupt; or

(b) is absent from any three consecutive meetings of the

Forfeiture of seatby member.

L.R.o.1I1991


Expulsion ofmember.

Penalty forunqualifiedpersons sittingand voting.

Resignation ofmember.

Election ofChairman.[15 of 1984].

Powers ofrL_:' _

(c) is absent from the State for more than LhJITf days wiL'1011tleave of the Council; or

(d) is in anypart of the Commonwealth convictedof perjuryorsentencedto death or penal servitudeor imprisonmentfora term exceeding twelve months,

he shall cease to be a memberof the Council and his seat shall thereupon become vacant and a notificationof the facts and circumstancesof the vacancy shall be published in the Gazette and in the case of anominated member, sent to the Prime Minister.

18. If anymemberof theCouncilrefusesto obeyandconformto therules thereof the Councilmay, after affordingthe memberan opportunity of defending himself, by resolution expel the member from theCouncil, and declare his seat vacant, and his seat shall thereuponbecome vacant accordingly.

19. Anypersonwho,havingbeen returnedas anelectedmemberofthe Council,but not havingbeen at the time of his electionqualifiedtobe an elected member, sits or votes in the Council,shall for every dayon which he sits or votes, and every person who sits or votes in theCouncil afterhis seathas becomevacant, shall for everyday on whichhe sits or votes after his seat has become vacant, be liable to a penaltyof onehundredandfiftydollarstobe recoverable by actionat law at thesuit of the Clerk of the Council.

20. A memberof the Councilmayresignhis seatby givingfourteendays' notice in writing to the Chief.

CHAIRMAN

21. At the firstmeetingof a new Council,and thereafter at the firstmeetingfollowing anyelectionto the officeof Chief, the Councilshallinstal the Chief as Chairman of the Council and he shall continue inoffice for such period as he remains Chief.

22. (l) The Chairmanshall -

,Ui 'pi~I:)H.i~ Lii. wi;'" iii;"";"'i.iiie,u vi wi", ""vw..i.i.... i..&. ..... .i ... i..i.i.4'i ..... U' .............

otherfunctions a:Y1U powersasmay fPJHl timeto timebeassigned to him by the Council;

(b) have an originalvote, and a castingvote in the event of'" ~ - ".... ..,,_ ..... ,.. .... "1 .. _. " ........ ,.. ........ ~. n_rI


(c) toe entitled to u;e title of "Chief of the Carib Reserve".

(2) The Chairman shall receive the emolument of a member ofthe House of Assembly.

23. In the event of the absence of the Chief an Acting Chairman, Acting Chairman,

who shall not be styled Chief may be appointed to serve as Chairmanin keeping with the provisions of section 5; and while so acting shallhave all the powers of the Chairman,

MEETINGS OF THE COUNCIL

24. (1) The Council shall meet at least once every month and at Meetings of

such other times as may be fixed by any regulation of the Council or Council.

when convened by the Chairman.

(2) If any three members of the Council present to the Chairman a request in writing that the Council be convened for the consideration of some particular matter, the Chairman shall summon ameeting of the Council accordingly.

(3) Any three members of the Council shall form a quorum for Quorum.

the transaction of business.

(4) Every question before the Council shall be decided by amajority of votes of the members present and voting.

(5) No act or proceeding of the Council or any committeethereof, shall be questioned on account of any vacancy therein.

(6) A member of the Council shall not vote upon, or take part Member having

in the discussion ofany matter in which he has directly or indirectly, by ka::~~~t:~:~thimself or his partner or any person in his employ, any pecuniary to vote.interest.

(7) The Council shall have power to adjourn its sittings fromtime to time.

[UNCTiONS Ai'll) FOweRS OF Titt. COLTNCiL

the Reserve.

(2) The Council shall provide for the collection and expendi-

l..RD 111001


Power to makeRegulations.

Appointment ofcommittees andadvisers.

be raised for such PUI a.;Ose; to provide for the good j?;overrll'11ent (ilIa

improvementofthe Reserve; and to enforce the provisions of this or anyother Act relating thereto, and also of all Regulations and By-Lawsmade under this or any other Act.

(3) The Council may endeavour to settle disputes among persons resident in the Reserve but shall not have the right to try cases orimpose fines on persons in the Reserve, other than under section 29(4).

26. (l) The Council may make Regulations relating to all or any ofthe following matters:

(a) the time and place of its meetings;

(b) the mode of convening its meetings;

(c) the attendance of its members;

(d) the powers and duties of its officers and servants;

(e) the form and order of its debates; and

if) the general regulation ofthe proceedings ofthe Counciland ofany committee thereof, and the mode ofconducting its business respectively.

(2) All such Regulations shall be published in the Gazette.

(3) No such Regulations shall be made, or when made shall bealtered, or rescinded, unless special notice of the intended making,alteration, or rescission has been given at the meeting preceding that atwhich the making, alteration, or rescission is proposed, and unlessspecial notice as aforesaid has been transmitted to the members of theCouncil at least three days before the meeting.

27. (1) The Council may appoint out of its body and such personsresident within the boundaries of the Reserve such and so manycommittees, either of a general or special nature and consisting of suchnllrrt~r nf' 'f"VI1"'C'nnC' ':Ie' it 'THln thinlr fit f'nr ~nu nllrt'V'\C'~C' u,h;,...h ;n thp.&.&_&&.&__ ... ..., ... .t'- ........"' ........... -..... ..... &&&-J ......a ..... .A"'., ..."a _.&J l"-&r""'-'" ..........._--, --- ---

opinion of the Council, would be better regulated by means of such.... -._---------..,. .. ; - -- --- -- _. -- ..,. . --.; .. _--- - ---------- - ---- - - - --.;- - - -- ---

(2) The Prime Minister may at the request of the Councilappoint suitable persons to serve as advisers to the Council on such~ __ -:II -lI~~w_ , -.1 ·.'_~1__ r_; ~ ...• ;:- ~ o ;;;-; .or __ ;;-; .


28. (1) A minute oft'Ie proceedings at a meeting ofthe Ccnl1"1cil, or ~1iIH:te& of

oi a committee, signed at the same or next ensuing meeting by the ~~:~~L~oe

Chairman, or by a member of the committee describing himself as or evidence.

appearing to be Chairman of the committee, shall be received inevidence without further proof in all courts of justice and for all otherpurposes whatsoever.

(2) Until the contrary is proved, every meeting of the Council,or of a committee in respect of the proceedings whereof a minute hasbeen so made, shall be deemed to have been duly convened and held,and all members present at the meeting shall be deemed to have beenduly qualified; and where the proceedings are the proceedings of acommittee, the committee shall be deemed to have been duly constituted, and to have had power to deal with the matter referred to in theminute.

(3) The minutes ofevery meeting ofthe Council, and the list of Minutes to be

any resolutions passed at any such meeting or of a committee, certified published.

by the Chairman, shall, within three days after confirmation, beforwarded by the Clerk to the Minister and shall be published in theGazette.

BY-LAWS

29. (1) The Council may make By-Laws for the rule and good Making of By

government of the Reserve generally for the occupation and use of Laws.

lands in the Reserve and with respect to the following matters:

(a) the naming, cleanliness, regularity and width of streetsand the opening, making, repairing, stopping up anddiverting thereof;

(b) the erection, removal, demolition, sanitation and closing of buildings, walls, fences and structures of allkinds and the numbering of buildings and lots;

(c) suppression and abatement of nuisances;

(d) establlshrnenr of'markers, slaughterhouses, bathhousee,latrines and the regulation thereof;

(jJ the keeping of animals, birds and bees;

(g) the destruction of insects;

L.R.O.1Il991

20 Chap. 25:90 CaribReserve

(i) cemeteries (hId j2;raves;

(j) protection against fire;

(k) tanks, wells and cisterns;

(l) drainage and sewerage;

(m) scavenging and the removal and disposal of excreta;

(n) the sale and inspection of livestock, meat, fish, vege-tables andall otherfoodstuffs; andof liquids intendedfor human consumption;

(0) mortuaries anddead bodies;

(p) streetmeetings and processions;

(q) the cleanliness of hotels, guest houses, cookshops,public baths, coffee-houses, confectioner's pastryshops;

(r) the storing andsaleof petroleum or otherinflammablesubstances andtheplaceor places where thesamemaybe stored, sold or exposed for sale;

(s) assistance for tourists andtheprevention of annoyanceto tourists by idlers and beggars;

(t) entryof members, officers andservants of the Councilupon premises for the purposes of this Act and ByLawsmade thereunder;

(u) public entertainments and performances;

(v) the erection, removal, demolition, sanitation andclosing of factories;

(w) parks and playing fields.

(2) By-Laws made by the Council shall be styled By-Lawsordained by the CaribReserve Council andeverysuchBy-Laws shallbe subject to the approval of the Cabinet and shall not come intooperation until it has been so approved and published in the Gazette:

Provided that-

(a) the Minister shallhavethe powerto review from timeto time the working of any By-Laws so in operation,and mayif of the opinion that it is causing or likelytocause hardship require the said Council to have it

CaribReserve Chap. 25:90 21

(b) sh.ould the Council fail to revoke any By=Laws withinsuch time as may be stipulated by the Minister, theMinister may by Order published in the Gazettehavethe By-Laws revoked.

(3) The By-Laws shall have force only within the boundariesof the Reserve.

(4) The powers conferred by this section shall include power torequire, impose and charge licences, rates, dues and fees withinReserve limits with respect to matters dealt with under any By-Law.

(5) The Council may by any By-Laws, Rules, or Regulationsmade under this Act impose on offenders against the same suchpenalties as it may think fit, not exceeding two hundred dollars for eachoffence, and in the case of a continuing offence, a further penalty notexceeding fifteen dollars for each day during which the offence continues after service of written notice thereof by the Council, and in defaultofpayment of the penalties, imprisonment for any term not exceedingsix months.

30. Subject to the provisions ofthis Act, it shall be within the power Borrowing

of the Council _ powers.

(a) to borrow, with the sanction of and subject to such termsand conditions as may be imposed by the Prime Minister,any sum orsums ofmoney on the security ofthe immovableestate, rent, rates, and otherincome or assets ofthe Council,for the purpose of carrying out any work of public utilitywithin municipal limits, or any work which the Council isauthorised to execute under this Act; but-

(i) the total annual charges for interest and sinking fund inrespect of any loans in existence at anyone time shallnot exceed one-fourth of the total yearly income of theCouncil; and

(ii) the annual charge for interest and repayment of anyIn-:ln "l1hwnh """'n ... r t.... ..... .-nA........._~ ..... _ ..1. .! ... .: £~L~_

... __ ........ .a ................ &&"-1 ...."... ...I..l.4AU,", UJ.J.U"'. UI.", }JJUY JI31Vll\) VI. Ull~

Act shall be a first charge upon the revenue of the- --

- ---------- -----

- - ----- -."..,. ~_ _~~ = r·~~ ;.~ ;,.:..:.~. ~ .:..:..:.;.;.:..:. ;.,;_ J "&A

such manner and at. such time :l~ the Prime Ministershall direct;

(b) to contribute towards, either by way of grant or loan, or to

T. R o 111001


....- .... .L.nantaDlc anaeducationaischemes.

Land andbuildings.

Municipalmarkets.

Markets forperishable goods.

Parks and otherplaces ofrecreation.

Establishment ofpounds.Ch.61:03.

charitableinstitutionconnectedwithor for thebenefitof theReserve;

(C) to allot lands or buildings, or any part thereof for anypurpose of public utility, which shall include -

(i) agricultural development;

(ii) the construction of new streets, parks and playingfields;

(iii) the opening, widening, straightening, extending orimproving of existing streets,parks and playing fields;

(iv) the erection of public buildings;

(v) the erection of public utilities;

(d) to provide for the establishment and regulation ofmunicipal marketsandto regulatethefees, rents andtolls to bepaidfor the use of such markets;

(e) to provide for the allotmentof special places for the sale ofperishablegoods, and to regulatethe fees, rents and tolls forthe use of such special places;

if) to alter or extend the waterworks constructed and nowmaintained for the supply of water to the Reserve or toconstructadditionalwaterworksfor increasingand improving the water supply of the Reserve;

(g) to provide, establish, layout, plant, improve, maintain andregulateparks, gardens and otherplaces of resortor recreation for the use of the public and to contribute to the cost ofmaintenance of parks, gardens and other places of resort orrecreation,provided by anyperson for the use of the public.

31. (1) Notwithstanding the provisions of sections 3 and 4 of thePounds Act, the Council may establish, erect and maintain at anyconvenient place or places within the Iimits ot the keserve a puoncnonnci or nonnds and mav annoinr some fit and nrnner nerson to he the

pound-keeper at any SUCh pound.

(2) A notification of the establishmentof any such pound andthe appointment or removal of any pound-keeper, as the case may be,shall be inserted in the Gazette~ and the notification shall be taken in all


that SUCl1 j;::OW1U tlas ~-.:..en legally established and the pGll.B.d-keepcrlegally appointed or removed as in the said notification is stated.

(3) The provisions of the Pounds Act and any Regulationsmade thereunder shall apply -

(a) to anypoundestablished,erected andmaintainedunderthe provisions of this section; and

(b) to the pound-keeper of any such pound,

in the same manner, as they apply to a pound established, erected andmaintained under that Act and to the pound-keeperthereof; and poundkeepers appointedunder this section shallhave the same rights,powersand duties and shall be liable to the same penalties as are conferred orimposedupon pound-keepers appointedunder the Pounds Act and anyRegulations made thereunder.

32. (1) The Council may, with the prior approval of the Minister- Officers of theCouncil.

(a) appoint fit and proper persons to be Clerk, chief sani-tary inspector, Assistant Clerk, market clerk, overseerand constable of the Reserve respectively;

(b) from time to time fix or alter the salaries to be paid tosuch officers; and

(c) suspend or dismiss any of the said officers.

(2) The Minister may call upon the Council to give reasonswhy any of the said officers should notbe suspendedor dismissed, andupon considerationthereof direct the Council to suspendor dismiss thesaid officer upon such terms and conditions as may be deemed fit. Inthe event of the Council failing to comply with such direction withinthree months or such shorter period as may be set out in the saiddirection, the Minister may proceed to suspend or dismiss the saidofficer.

33. (1) The Clerkof the Councilshallbe the chief executiveofficer Reserve Clerk. . chief executive

of the Council;he shallhave all suchpowersandperformall suchduties officer of the

asarcVImay Uc wJJlt;ln:u ur imposeduponhim by this or anyother Act Council.

or by any Regulations, By-Laws. or Order of the Council and shall

..v~.........i) i"""i';, uuce dii" i",,;,; payame i.U we x.ouncu unoer uie rsyLaws.

(2) The Clerk shall attend the meetings of the Council and of Reserve Clerk to. d hall k . f h ...· attend meetings.every comrmuee, an s eep minutes O~ Le proceecmgs at every

~i1,.h fi'I~At';ntT o').,.,ri f:'Ol·",,11"h .... ron ..... .; ..... "'!" ~~ '!"~_- _~~~_-_-~~_-_~ _-_~~~-_--=- ~_- _--...:;: ;.;;:"-.:c.~~ ~-_ ~;.;.~-;~~__~ _ ..~ __ ~~ - -"

T. R n /11001

24 Chap. 25:90 CaribReserve

.,..... .,.....I.,,-epmy \...lenc.Assistant Clerk,constable oroverseer.

Appointment ofofficers andservants.

Security ofofficers andservants.

Delivery byservants ofreceipts andvouchers.

Payments ofmoneys toFinancialSecretary.

Punishment ofofficers andservants.

A';:~lt::t~nt (~iprk------- ---- -------- - --- ----

overseer is unable to perform his duties, the Council may appoint somefit and proper person to act as Deputy Clerk, Deputy Assistant Clerk,deputy constable or deputy overseer respectively.

(2) The deputy officer shall hold office during the pleasure ofthe Council and shall have the same powers and duties as the officer inwhose place he is acting.

35. (1) The Council may appoint such other officers and servantsas may be required for the efficient administration of the affairs of theReserve.

(2) Every such officer or servant shall hold office during thepleasure of the Council and shall receive such salary and perform suchduties as may be assigned to him by the CounciL

36. The Council may require any officer or servant to give suchsecurity as may be thought proper for the true and faithful performanceof the duties of his office, and for the due accounting for, paying over,and delivering up of all moneys, goods and chattels which may comeinto his hands, by virtue of such office.

37. (1) Every officer or servant appointed by the Council shall atsuch times during the continuance ofhis office, or within ten days afterhis ceasing to hold it, and in such manner as the Council may directdeliver to the Council, or as the Council may direct, a true account inwriting of all matters committed to his charge and of his receipts andpayments, with vouchers and a list of persons from whom moneys aredue for the purposes of this Act, in connection with his office showingthe amount due from each.

(2) Every such officer or servant shall pay all moneys due fromhim to the Financial Secretary, or as the Council may direct.

n) If anv such officer or servam -,.(a) refuses or nezlects to deliver any account or lists which

ne ougm: 10 aeuver or any voucner reiatmg tnereto, or

(b) after three days' notice in writing, signed by the Chair-mill!, given, Dr left at his liSlUll or lfi~t ¥JiOwTI placeof


deliver, or to give satisfaction respecting it,

a Magistrate on complaint of the Chairman may by summary orderrequire the said officer or servant to make such delivery or payment orto give satisfaction, and may enforce such order as provided by law.

(4) Nothing in this section shall affect any remedy by actionagainst such officer or servant or his surety, except that such officer orservant shall not be both sued by action and proceeded against summarily for the same cause.

38. The Clerk of the Council may deduct and pay from the salaries Soci~l s~urity

ofofficers and servants ofthe Council contributions in respect ofsocial contributions.

security.

PART IV

QUALIFICATIONS AND REGISTRATION OF VOTERS

(2) The Chief Elections Officer shall, with the approval of thePrime Minister, appoint fit and proper persons as registerirtg officersand presiding officers.

(3) Election officers shall receive such remuneration as may beprescribed by the Chief Elections Officer.

39. (1) The ChiefElections Officer shall have general supervision Chief Elections

th dministrati d f an electi I" th Officer toover e a rmrustrauve con uct 0 an e ecnon or e ections in e supervise

Reserve. elections.[12 of 1990].

40. Every person resident in the Reserve shall be entitled to be Qualification of. d f th f thi A d h . red electors.registere as a voter or e purpose 0 s ct, an w en registe

under the provisions of the Registration of Electors Act to vote at the Ch.2:03.

election of members of the Council; but a person shall not be entitledto vote as an elector in the Reserve unless registered there in the registerof electors to be used at the election.

PART V

41. That area of lands in the Parish of St. David comprising 3,700 The Reserve.

acres more or less, the boundaries of which are set out in section 42, asdelineated in t~e plan thereof by Arth.. ur Percival Skeate made in 1901,

T n rl '1Inn1


Boundaries ofthe Reserve.

Grants of landsin the Reserve tothe Council.

Minister mayvest other landsin the Council.

Restrictions onA~Ql~nn Ul~th flu.

Reserve,

Non-residentsmay not acquirelands ill the

Commissioner of Lands in 1975, is in this Act, referred to as the CaribReserve.

42. The Boundaries of the Reserve which have been set out in theGovernment Notice No. 30 in the Official Gazette, Volume XXVI ofJuly 4th 1903 are as follows:

(a) Northerly by Big River, by lot 63 and the Balata Ravine;

(b) Easterly by the Sea;

(c) Southerly by the Raymond River and Crown land; and

(d) Westerly by the Pagoua River, Concord Estate and by partsof Lots 61 and 63.

43. (1) Not later than 3rd November, 1978, the Prime Ministershall make a grant of the lands comprising the Reserve, the boundariesofwhich are set out in section 42, amounting to 3,700 acres more or lessas aforesaid, to the Carib Council for and on behalfof the people of theReserve and shall as soon as possible thereafter assist the Council toobtain a certificate of title to those lands.

(2) In any dealings with lands in the Reserve the Chief shall beresponsible for signing the requisite documents on the authority of aresolution passed by the Council.

(3) The seal of the Council shall be affixed to such documentsas aforementioned and be authenticated by the Clerk of the Council.

44. (1) The Minister may from time to time by State grant vestother lands in the Council to form part of the Reserve.

(2) Details of any grants so made shall be given in a notice tobe published in the Gazette.

45. No lands in the Reserve may be sold, exchanged, mortgaged,

Minister.

46. No person residing outside the Reserve shall be able to takepossession of or otherwise acquire lands or interest therein, in the


47e The COUflCil sh:111 for CL."1.d on behalfof L'1c peopleof the Reserve Council to have

have custody and control of the lands in the Reserve, and may for and :~:.i~:~~~~5on behalf of the people of the Reserve -

(a) acquire by purchase, transfer, donation, exchange device,bequest, grant, gift, conveyance, or however otherwise,any real or personal property or any estate or interesttherein;

(b) accept surrenders or reconveyances and enter into contracts involving real or personal property;

(c) subject to the provisions of section 50, and restraint reservation or condition contained in the document under whichit shall acquire title thereto, sell, exchange, devise, mortgage or otherwise dispose of and deal with any propertywhich may for the time being be vested in or have beenacquired by it;

(d) demarcate, apportion, allot or exchange lands in the Reserve to persons resident in the Reserve, for agricultural orother approved purposes.

48. The Government shall retain responsibility for overall develop- Government to

ment and planning in the Reserve. retain responsibility for planning.

49. The Council shall have the right to prevent persons who do not Council to protect

normally reside in the Reserve from working in the Reserve or from lands.

occupying or cultivating lands in the Reserve in their own right.

50. (1) The Council may prevent persons who have no right in the Council to

R f . d ... th R prevent personseserve rom entenng an remammg m e eserve. from entering

(2) A person shall not be regarded as having no right in the Reserve.

Reserve who has been invited there for lawful purpose by personspermanently resident there; or who is lawfully passing or repassing ona public road.

51. (1) The Council may with the prior approval of the Minister Expulsion of

responsible fur Local Government expel persons from the Reserve who rRner;c",. from theeserve.

have no right to remain there; but any person who has resided in theReserve for more than twelve years may not be required to leave theD ....n ......_ ...... ~ ......... ~~__ .... ~~_":'~:: .c -:. i-:.~~__~~ _-__-_--- ~~_.j 1i- _ 'Ii_'".- __ ~ __ -; - ~ • - _~ "~"I~"' __"". "I." ~.... • " , ".;-;~.. o. •• o. .. o.

T.RD 111001


Term of office ofCouncil.[15 of 1984]

Mode of holdingelection andmanner ofvoting.[15 of 1984].

(2) For u~e puq;-~sesof t111s section a person sh~11 c-e deemedto have a right of residence in the Reserve, if

(a) he was born in the Reserve;

(b) at least one of his parents is a Carib;

(c) he has lawfully resided in the Reserve for a period oftwelve years or more.

PART VI

PROCEEDINGS FOR AND AT ELECfIONS

52. (1) (a) The term of office of each Council shall, unless theCouncil is sooner dissolved, be approximately of five years duration,and shall commence on the day when the Council first meets after eachgeneral election of members.

(b) The first meeting of the Council shall in no case takeplace later than one month after each general election of members.

(2) On a date to be fixed by the Chief Elections Officer, notbeing more than forty-five days after the termination of the term ofoffice of the outgoing Council, the electors of the Reserve shall vote inthe manner hereinafter provided for election of members of the Council: Provided that elections shall be held in the month of July, 1984 ora date to be fixed by the Chief Elections Officer.

(3) The date of elections shall be fixed by the Chief ElectionsOfficer in keeping with the provisions ofthis Act and shall be publishedby him in the Gazette and in one of the newspapers published in the Stateand posted up in the manner provided in section 9.

53. (1) Every election shall be held before the Presiding Officerand such persons as may be appointed to assist him, all of whom shallbe appointed by the Chief Elections Officer.

(2) The voting shall commence at eight 0'clock in the morningand shall close at five 0'clock in the afternoon ofthe same day, and shallbe by ballot and conducted in the manner hereinafter provided.

\"';j ........ "i ....i.j ;"....;",. ......v ..............; yv ......- ..:.v.:. ;,..;.:..:.; ':'':'~':'':'':'::''';~'':' ~. ..:. j-" .....·.:....".....·.:.=-' """'"--'

nlernt~f-s of the COUTIcil~ not exceeding L.'1e number thento be electcd~

such persons having beenduly nominated as candidates for the election.

(4) No person shall be deemed a candidate, unless his name and


\vhomhe has t~erl nOITlinarcd; with theirsignaturesattached,have ~",cn

lodged with the Presiding Officer atieast seven days before the openingof an election.

(5) If at such time the number of candidates nominated andstanding for election does not exceed the number then to be elected, thePresiding Officer shall declare that the said candidates are duly elected.

(6) It shall be lawful for any person whose name appears on theregister of voters to object to the nomination of any candidate forelection as not being duly qualified, and the Presiding Officer shalldecide the validity of every objection.

(7) If the Presiding Officer disallows the objections his decision shall be final, but ifhe allows the same his decision shall be subjectto reversal on election petition.

54. (1) A candidate for election as a member of the Council or Depositby

hi behalf hall d . ith th P idi Off! candidates forsomeone on s , s eposit WI e rest mg icer, on or election.

before the date of his nomination, the sum of twenty-five dollars, andif he fails to do so, he shall be deemed withdrawn.

(2) The deposit must be made in cash to the Presiding Officer.

(3) If after the deposit is made the candidature is withdrawnnot less than forty-eight hours before the poll is begun, the deposit shallbe returned to the person by whom it was made; and ifthe candidate diesafter the deposit is made and before the poll is begun, the deposit, ifmade by him, shall be returned to his legal personal representative or,if not made by him, shall be returned to the person by whom it wasmade.

55. (l) If a candidate for election as a member of the Council who If votes do not. . exceed one-sixth

has made the deposit IS not elected, and the number of votes polled by of total votes

him does not exceed one-sixth of the total number ofvotes polled, the polled, deposit to

amount deposited shall be forfeited to the Council; in any other case be forfeited.

that amount shall be returned as soon as practicable after the result ofthe election is declared.

(2) For the purposes of this section the number ofvotes polled:~--:--~~ ~---- -~---------_-! ~--- ~--- :~--- ------_! .. _- --~:!_-- !_--~~-_: ---------_. :"-_:!._-- :!_---- ._---_:!:------- -----

ballot papers) counted.

56. The Presiding Officer shall, before the polling day at any Providing of

election. provide such ballot boxes, banot papers, pollin__g compart_ apparatus for- - - - election.

• • ... I" ... .. .........;;;;;:--:;;:;;~..; ;;;;;;;~;;.;.;;~....: ;;-;; ;-;;-;-;;-;;-...;: ;;-;;;;~;;-;.; ;;;;- ;-;::.-;;;;-;;; ;-;;.:;..;;-;;.;-;--;.;: ;;;;-;-;-;;;;;;-;,; ;;;;-;;;;-

L.R.O.1I1991


Form9.

....... .:A"'_,.. ..... "....C ....1 ...............-..... =_ ...........:_........_...J ...1' .......... 1.- ,.. ..1- ..... _ ..1-: .......... __ ...... ~ 1- .......bUIUaIl~ V.l ~.l~\.rLUl;) til VUl.Ul~ a.uu au ~u\".u UUl~l Ullll~~ ~ Hlay l.JV

necessary for effectually conducting the elections; and all expensesincurred in respect of such provision shall be defrayed from the Reservefund.

Place of polling. 57. The polling and election of members of the Council shall takeplace at such rooms or buildings in the Reserve as may be appointed bythe Council with the consent of the ChiefElections Officer by notice inthe Gazette and in one of the newspapers published in the State andposted in the offices of the Council and on prominent places designatedby the Chief Elections Officer.

Ballot paper. 58. (1) The ballot of each vote shall consist of a paper in this Actcalled a ballot paper showing the names, descriptions and addresses ofthe candidates, arranged alphabetically in the order of their surnames;it shall have a number printed on the back, and shall have attached acounterfoil with the same number printed on the face, and shall becapable of being folded up.

(2) The surname of each candidate, and if there are two or morecandidates of the same surnames, also the other names of such candidates, shall be printed in large characters, and subject as aforesaid thenames, descriptions and addresses, and the number on the back of theballot paper shall be printed in small characters.

(3) (a) There shall be printed upon every ballot paper oppositeto the name of each candidate, one of the symbols shown in Form 9which shall be allotted to each candidate in the manner hereinafterprovided.

(b) When the Presiding Officer is satisfied that a recognised political party has applied to him for a party symbol, he shallallocate one of the symbols numbered 1-5 in Form 9 to such party andthe official candidate or candidates of such party shall be entitled tohave the party symbol printed opposite his name.

(c) In the case of other candidates the Presiding Officer

candidate.

(d) The order in which the symbols are allocated shallcorrespond with the order in which the names of the candidates


59" Every baBet t~JX shall be so constructed that Ul.e b=l11ot papers ~~~st~]ction of

can be introducedtherein, butcannotbewithdrawn therefrom,withoutthe box being unlocked.

60. Every elector shall be entitled to demand and receive a ballot Marking and

paper; but immediatelybefore it is delivered to the elector it shall be dbealllivering ofot.

marked on both sides by the PresidingOfficerwith a mark in this Actcalled "the official mark", and the number and name of the elector, asstated in the copy of the registerof voters, shall be called out, and thenumber of the elector shall be marked on the counterfoil, and a markshallbe placed on the copy of the registerof voters against thenumberof the elector to denote that he has received a ballot paper, but withoutshowing the particular ballot paper which he has received.

61. The Presiding Officer shall put on a table in the compartment Directions to

set aside for the voters, directions for their guidance in Form 7. vpoters7·onn .

62. (l) The elector shall, on receiving the ballot paper, forthwith Mode of giving

proceedinto thecompartmentor oneof thecompartments inthepolling vote.

place and there secretly mark his vote by placing a cross on the righthand sideof theballotpaper withthe leadpencilprovided,oppositethename of each candidatefor whomhe votes, thus X; and shall then foldup theballot paper, in such a manneras to concealhis vote,but to showthe official mark on the back, and shall then put his ballot paper sofolded up into the ballot box in the presenceof the Presiding Officer,after having shown to him the officialmark on the back.

(2) Anyballotpaperwhichhasnotonitsbacktheofficialmark,or on which votes are given to more candidates than the electorvotingis entitled to vote for, or on whichanythingexcept the said numberonthe back is written or marked by which the elector can be identified,shall be void and shall not be counted.

(3) The elector shall vote withoutundue delay, and shall quitthe polling place as soon as he has put his ballot paper into the ballotbox.

blmdness or otherphysicalcausefromvoting in the mannerprescribedby this Act, the Presiding Office shall, in the presence of the personappointed to assisthim at the election,cause the vote of the elector tobe markedonthe ballotpaper in themannerdirectedby the electorandthp }V::iH,-" n.")~"" Tn M _iqnnrl ~.,.." Tho. hoii_i- h_....

--------- ;---; --- --- ---- -- ------- - ----- - ---- - ------~.

LR.o.1I1991


Spoilt ballotpaper.

Procedure atclose of polL[15 of 1984].[12 of 1990].

Mode of dealingwith rejectedballot paper.

(2) "l"ne nanle atlQ number in the register of voters of everyelectorwhosevoteis markedinpursuanceof this sectionandthe reasonwhy it is so marked, shall be entered on a list to be called "the list ofvoters marked by the Presiding Officer".

64. Anyelectorwho hasinadvertently dealtwithhis ballotpaper insuch manner that it cannotbe conveniently used as a ballotpapermay,on deliveringto the PresidingOfficerthe ballot paper so inadvertentlydealtwith,andon provingthefactof theinadvertence to thesatisfactionof the Presiding Officer,obtain anotherballot paper in the place of theballot paper so deliveredup, and the spoilt ballot paper shall immediately be cancelled by the Presiding Officer.

65. (1) For the purpose of taking the poll, the Chief ElectionsOfficer shall appointsuitablepersonsto be ReturningOfficers,Presiding Officers and Poll Clerks, who shall receive such remuneration asmay be fixed by the Chief Elections Officer.

(2) After the closeof thepoll, andbefore thePresidingOfficerdepartsfrom the placeof election,the ballotbox shallbe openedby thePresiding Officer,in the presenceof the personappointedto assisthimat the election, and of the candidates, or of the persons who proposedthem, or any other persons in attendance nominated by them for thepurpose; and no other person shall, except with the sanction of thePresiding Officer, be present.

(3) ThePresiding0 fficershallascertainthe resultofthepollbycountingthe votes givento eachcandidate,but whiledoingso, he shallkeep the ballot papers, with their faces upwards, and shall take allproper precautionsfor preventing anyperson fromseeingthe numberson such papers.

66. (1) The Presiding Officer shall endorse "Rejected" on anyballot paper which he may reject as invalid, and shall add to the- ~- ..J __A -:-_ ......1- .~ _..J ~ un .... .:........ ~: ...._ ..... 1-: ........ .-...... ,.1 ......... ,,;~ 0_ .............;...... "'t-;,,""' ;co ;"" f'l'lnt-C;UUVl~~UJ~l1lUl"'" V'fVIU.:') ~"""'J"""\,.IUU.llvUJ""""'L.\vU &'V, J...l U-l.l VLlJ""'''"''UV.I..1. bl u ...... _ ........

made to his decision by any candidate, or any other personnominated

(2) The Presiding Officer shall report to the Council th.e nUffi-

ber of ballot papers rejected, andnot countedby him, under the severalheads of-

.- .. ; ...-...; .-.; .-.;; ..--.. --:;.; ;-.-. --:::. ;-~--


(b) voting formore candidates u1an the voter was entitledto vote for;

(c) presence ofwriting or mark by which the voter could beidentified; and

(d) want of voter's mark, or avoidance for uncertainty.

(3) The Presiding Officer shall, on request, allow any candidate, or any person who proposed a candidate, or any other personnominated as aforesaid, to copy the report before it is sent in.

67. The decision of the Presiding Officer as to any question arisingin respect of any ballot paper shall be subject to reversal by theReturning Officer on the final count.

Finality ofPresidingOfficer's decisionon question as toballot papers.[15 of 1984].

68. (1) The Presiding Officer shall transmit to the Returning Offi- Declaration andreturn of result of

cer at the place appointed by the Chief Elections Officer - election.

[15 of 1984].

(a) the ballot box;

(b) the envelope containing the key thereof; and

(c) the preliminary statement of the poll in such manner asthe Chief Elections Officer may direct.

(2) The Returning Officer, upon receipt by him of each of theballot boxes, shall take every precaution for its safe-keeping and forpreventing any person other than himself and his Election Clerk havingaccess thereto; sealing it under his own seal so that it cannot be openedwithout the seal being broken but without effacing or covering anyother seals thereto affixed.

(3) After all the ballot boxes have been received, they shall beopened in the presence ofsuch of the candidates ortheirrepresentativesas are present, by the Returning Officer who shall -

(u) count the VULt::; contained therein cast for each candidate (allowing the candidates and their representatives:i.V u,",,"" i..ii\..i YVi.iV.7lj iliiU U\; icnuHi\,; y....jj\;uu:~r aBy Ui i.ue YOIeS

so cast shall be rejected;

(b) count the votes rejected by the Presiding Officer (allowing the candidates and their representatives to see

tu r, 111001


-----------:::::------------:;:::----- ----¥: ----------

and if so for which candidate;

(c) add up the total number of votes (including any votesrejected by the Presiding Officer but which he thinksshould not have been so rejected) cast for each candidate;

(d) make or sign any necessary amendments to the statement of the poll.

(4) If, for the final count of the votes, none of the candidates ortheir representatives are present, it shall be the duty of the ReturningOfficer or Election Clerk to secure the presence of at least two electorswho shall remain in attendance until the final count ofthe votes has beencompleted.

(5) In the case of an election for the office of Chief or of a byelection to fill a vacancy in the Council, the candidate, and in the caseof the general election for the Council, the five candidates who on thefinal count of the votes, is or are found to have the largest number ofvotes shall then be declared elected in writing and a copy of thedeclaration shall be forthwith delivered to each candidate or his agentif present at the final count of the votes, or if any candidate is neitherpresent nor represented thereat, shall be forthwith transmitted to suchcandidate by registered post.

(6) Where two or more candidates have an equal number ofvotes, and the addition of a vote would entitle any such candidates to bedeclared elected, the Presiding Officer shall make a special return tothat effect and the Council shall have the right of choosing anyone ormore ofsuch candidates, as the case may be, to be amemberor membersof the Council.

In this subsection in the case of a general election "Council" means the incoming Council when constituted.

(7) The decision of the Returning Officer as to any question~-riCl~ntT 1n OClno,.... n-f I)"" h'll1nt n'lnor C'h':)l1 ~ f1n"31 Cllhi~pt tn thtll-...aU&&&b &&J1. ...,1"' -... ..J _-........ 1"-1" -..... , _ J-_ -~-

reversal on petition to the High Court questioning the election or return.

Disposal of 69. (1) Immediately after making the declaration. the Presiding:=:~:: to Officer shall seal up all documents and papers relating to the electionelection. in separate packets according to their description, and shall deliver thef1" r;,f l00t11:. .. _ ...... A"" --"'JO same to me Chief,Elections Officer endor-sing on each packet a

....:;;---_:_~:_- -~:~- -------- --,..; -~- ...;;;--- -~-~- --;---:_-


(2) The documents and papers shall be sealed up in the pres-ence of me candidates, or the persons who proposed them, or any otherperson nominated by them for the purpose in attendance; and no otherperson shall, except with the sanction of the Presiding Officer, bepresent.

(3) The Chief Elections Officer shall retain for three years allthe documents and papers so delivered to him, and at the expiration ofsuch time he shall, unless otherwise directed by the High Court, causethem to be destroyed.

70. (1) No person shall be allowed to inspect any ballot paper in the Inspection of

custody of the Chief Elections Officer except under the order of the ~~~~~:o~.·High Court.

(2) The order may be made by the High Court on petition, andon proof being made to its satisfaction that the inspection of the ballotpapers is required for the purpose of instituting or maintaining aprosecution for an offence in relation to ballot papers, or for the purposeof a petition questioning an election or return.

(3) Any such order for the inspection or production of ballotpapers may be made subject to such conditions as to person, time, placeand mode of inspection or production as the High Court may thinkexpedient, and shall be obeyed by the officer or person having thecustody of the ballot papers.

71. (1) No officer of the Council or other person shall, except Openingof

under the order of the High Court, open any sealed packet of or sdea1ed

packet dof

ocurnents andocuments or papers relating to an election and delivered as aforesaid papers relating to

to the Chief Elections Officer. elections.[12 of 1990].

(2) Any such order may be made subject to such conditions asto person, time, place and mode of opening or inspections as the HighCourt may think expedient; and the documents or papers shall be sealedby such person at such time and in such manner as the High Court maydirect.

porting to have been used at any election, and of the counterfoil ;(:~:.s evidencecorresponding thereto, shall be primafacie evidence that the personwho voted by such ballot paper was the person who at the time of theelection had annexed to his name in the register of voters iIlllse at LlJ.e010,.."; __ Tk", n ... _ .... _~._1- ~i._ -"- - __-- --- .::;---- _ ,;- -:;;:.-~ ;;; .. -;; ;~;;;;;;;;-;-;;~-;;;

T. 1/ n 111001


P4~£T VII

Petitions againstelections.

Trial of electionpetitions.

Powers of Judge.

Bribery.

ELECTION PETITIONS AND OFFENCES

PETITIONS

73. A petitioncomplaining of an unduereturnor undueelectionofa memberof the Councilin this Act called an electionpetitionmay bepresentedto the HighCourtwithintwenty-one daysafterthedate of thereturn or electionby any person-

(a) whovotedor had a rightto vote at the electionto whichthepetition relates;

(b) claiming to have had a right to be returned at the election;

(c) alleging himself to have been a candidateat the election.

74. Every electionpetition shall be tried in the same manneras anaction in the High Courtby a Judgesittingalone. At the conclusionofthe trial the Judgeshall determine whetherthe memberof the Councilwhosereturnorelectionis complained ofor any,andwhat,otherpersonwas duly returned and elected, or whether the electionwas void, andshallcertifythedetermination to the ChiefElections Officer, and,uponhis certificate being given, the determination shall be final; and thereturn shallbe confirmed or altered, or a writ for a newelectionissued,as the case may require, in accordance with the determination.

75. At the trial of anelectionpetitionthe Judgeshall,subjectto theprovisionsof thisAct,havethesamepowers,jurisdictionandauthority,and witnesses shall be subpoenaed and sworn in the same manner, asnearlyascircumstances admit, as in the trialof a civilactionin the HighCourt, and such witnesses shall be subject to the same penalties forperjury.

OFFENCES

76. (1) The persons mentioned in the following subsections shallbe deemed guilty of briberywithin me meaning of this Aci.

anyother persononhis behalf,gives.lends or agreesto give or lend,oroffers,promises,or promises toprocureor to endeavourto procure,anymoney or valuable consideration to or for any voter, or to or for anyper~~n on behalf of a...TJ.y voter~ or to or for a...l1Y other person in order to


such act as aforesaidon aCCOUflL of the voterhaving votedor refrainedfrom voting at any election.

(3) Every person who directly or indirectly, by himself or byany other person on his behalf, gives or procures, or agrees to give orprocure,or offers, promisesor promisesto procure or to endeavourtoprocure,anyoffice,placeor employmenttoor for anyvoter,or to or foranypersonon behalf of anyvoter,or to or for anyotherpersonin orderto induce the voter to voteor refrainfromvoting,or corruptlydoes anysuch act as aforesaidon accountof anyvoterhavingvotedor refrainedfrom voting at any election.

(4) Every personwho, directly or indirectly,by himself or byany other person on his behalf, makes any such gift, loan, offer,promise, procurement, or agreementas aforesaid to or for any personin order to induce that person to procure,or endeavourto procure, thereturn of any person as an elected memberof the Council,or the voteof any voter at any election.

(5) Everypersonwho,uponor inconsequence of anysuchgift,loan, offer, promise, procurement, or agreement, procuresor engages,promisesor endeavours toprocurethe returnofanypersonasanelectedmember of the Council, or the vote of any voter at any election.

(6) Every person who advancesor pays, or causes to be paid,any money to or to the use of any other person with the intent that themoney,or anypart thereofshallbe expendedin briberyat anyelection,or who knowinglypays,or causesto be paid, any money to anypersonin dischargeor repaymentof anymoney whollyor in part expendedinbribery at any election.

(7) Every voter who,before or duringany election,directlyorindirectly, by himself or by any other person on his behalf, receives,agrees,or contractsforanymoney,gift,loan or valuableconsideration,office, place, or employment for himself or for any other person, forvoting or agreeingto vote or for refraining or agreeingto refrain fromvoting at any election.

(0) Evtay person who, after allY election, directly ur indirectlyby himselfor by anyotherperson on his behalf. receives anymoneyor'YUii.idi.ii\; ,,,\,iii;,jiU\;iai.iVii Uii a\,;\,;Uiiiii. Ui aiiY ~n)Uii iiQVllj~ VULCU Vi

refrainedfromvoting,or having inducedfuiy ohi.e·r personto vote or torefrain from voting at any election.

(9) Every personwho directlyor indirectlycorruptlypays any__ L L 1_ .1_ _ 1r __ r .1

~"' _ _._ ~ - .•._ - 0._ • _ ••••••

L.R.o.1I1991


Treating.

Undue influence.

Personation.

Penalty forbribery. treating

to be registered as a voter in ordcr thereby to influence his vote at wT)Yfuture election and every person on whose behalf and with whoseprivity, any such payment as last aforesaid is made.

77. (l) The persons mentioned in the following subsections shallbe deemedguiltyof treating within the meaning of this Act.

(2) Every person who corruptly, by himself or by any otherperson,eitherbefore, duringor afteran election, directly or indirectlygives or provides or pays wholly or in part the expense of giving orproviding any food, drink, entertainment, or provision to or for anypersonforthepurpose ofcorruptly influencing thatperson, oranyotherperson, to voteor to refrainfrom voting, at the election, or on accountof thatpersonoranyotherpersonhavingvotedorrefrained from votingat the election.

(3) Every elector, who corruptly accepts or takes any suchfood, drink,entertainment or provision.

78. Everypersonwho directly or indirectly, by himself, or by anyotherpersononhisbehalf, makes useofor threatens tomakeuseof anyforce, violence or restraint, or inflicts or threatens to inflict,by himselfor by anyotherperson, anytemporal or spiritual injury, damage, harm,or loss upon or against any person, in order to induce or compel thatpersontovoteorrefrainfrom voting oronaccount ofthatpersonhavingvoted or refrained from voting at any election, or who by abduction,duress or any fraudulent contrivance impedes or prevents the freeexerciseof the franchise of anyelectoror thereby compels, induces orprevails upon anyelectoreitherto giveor refrain from givinghis voteat any electionis guiltyof undueinfluence withinthe meaning of thisAct.

79. Everypersonwhoatanyelectionapplies foraballotpaperinthename of another person, whether that name be the name of a person..... __ 11. _.:11 or. r-_ •••• ._. . 11__ '1__ .. ~ .L_..J L _

llV lug VI UC"U, VI VI" ll\,;UUVUIl IJI;IIlVU, VI WUV, U"V llll; VV~1,,;\lVU\N a~ auy

election, applies at thesameelection foraballotpaperinhisownname,

80. Everypersonwhois guiltyof bribery, treating or undueinfluence shall,onconvictiontherefor,be liable to afmeof onethousandfivel- ..i __ ...i ...j_11 ...._ .: '; L £ . _


81. Every j:-~rson who is guilty of perscnatlon, or of aiding.. abet- ¥eiHiltyfor

ting, counselling, or procuring the commission of the offence of personauon.

personation, shall, on conviction thereof, be liable to imprisonment fortwo years.

82. Every person who is convicted of bribery, treating, undue Disqualification

influence, or personation, or of aiding, counselling or procuring the for bribery, etc.

commission of the offence ofpersonation shall, in addition to any otherpunishment, be incapable during a period of seven years from the dateof the conviction -

(a) of being registered as a voter, or voting at any election of amember of the Council;

(b) of being elected a member of the Council and, if electedbefore his conviction, he shall vacate his seat as suchmember.

83. Every person who - Penalty forcertain illegal

(a) votes, or induces or procures any person to vote, at any practices at

election, knowing that he or that other person is prohibited elections.

by this Act, or by any law, from voting at the election;

(b) before or during an election knowingly publishes a falsestatement of the withdrawal of a candidate at the electionfor the purpose of promoting or procuring the election ofanother candidate,

is guilty of an illegal practice, and liable on summary conviction to afine of seven hundred and fifty dollars, and shall be incapable, duringa period offive years from the date of his conviction, of being registeredas a voter, or voting at any election of a member of the Council.

84. (l) Every person who -

(a) forges or counterfoils, or fraudulently defaces or destrovs any ballot paper or the official mark on anyballot paper;

(c) fraudulently puts into any ballot box any paper otherthan the ballot naner which he is authorised bv law to- - -----~ 1F~~-~~ ~~~-~-- --~ ~~ ~~~~~ ---~ -- --,.1 ---_ .• --

Offences inrespect of ballotpapers ..

t.» n 111001


Infringement ofsecrecy.

(d) fraudulently takes out of the polling station any ballotpaper;

(e) without due authoritydestroys, takes, opens, or otherwise interferes with any ballot box or packet of ballotpapers then in use for the purposesof any election; or

(j) not beingdillyregistered as a votervotes at the electionof a member of Council,

is guilty of an offenceandliable, if he is a PresidingOfficer (or personappointed to assisthim), to a fine of nine hundred and sixty dollars orto imprisonmentfor a term of two years, and if he is any other personto a fme of two hundredand fifty dollarsor to imprisonment for a termof six months.

(2) Anyattemptto commitanyoffencespecifiedin this sectionshall be punishable in the manner in which the offence itself ispunishable.

(3) In anyinformationor prosecutionfor anoffence in relationto the ballot boxes,ballotpapers, and other things in use at an election,the property in the ballot boxes,ballot papers,or things may be statedto be in the Presiding Officer at the election.

85. (1) Every officer, clerk or agent in attendance at a pollingstation shall maintainand aid in maintaining the secrecy of the votingin the station, and shall not communicate, except for some purposeauthorisedby law,before the poll is closed,to anyperson any information as to the name or numberon the registerof votersor anyvoter whohas or has not appliedfor a ballot paper or voted at that station, and noperson shall interfere with or attempt to interfere with a voter whenmarking his vote, or otherwise attempt to obtain in the polling stationany information as to the candidate for whom any voter in the stationis abouttovoteorhasvoted,or asto thenumberon thebackof theballotpaper given to any voter at the station.

(2) Every officer, clerk. or agent in attendance at the countingof me VOles shall maintain ami ail! in iuaiuiaiuiug un; :SCl;!Cl;y of thevoting, andshallnot attemptto ascertainat the countingthe numberon

-

Uie Ua~K. Ui (iii)' iJWiUi. papt;i vi ~UiiHiiUiii'"'u.i.\;Wi) iiiiUiiiiu.i.iVii VUi,.Wiii",,,,,,

at L.~e counting as to L.~C ca:.'1didatc for whom anyvote is given in anyparticular ballot paper.

(3) t{op=erson shall, directly or indirectly, induce ~'1y voter to


anypersonthe. nameof thecandidate for\VhOITl oragain.st wlu)se namehe LIas so marked his vote.

(4) Everypersonwhoactsincontravention of theprovisionsofthis section shall be liable on summary conviction to a fine of fourhundred dollars or to imprisonmentfor six months.

86. (1) No election shall be valid if any corrupt practice or the Corruptpra~ce

offence of aiding,counsellingor procuringthe offenceof personation ;~:.rs election

is committed in connectiontherewith by the candidate elected.

(2) The expression "corrupt practice" as used in this sectionmeans any of the following offences: bribery, treating, undue influence, and personationas hereinbefore set forth.

(3) A corrupt practice shall be deemed to be committed by acandidate if it is committedwithhis knowledge and consent,or for thepurposesof this section,by a person whois actingunder the generalorspecial authority of such candidate with reference to the election.

87. No voter whohas voted at anyelectionshall,in anyproceeding Vo~r not. th I . be . d f h h h d required to stateto quesnon e e ection, require to state or w om e as vote. for whom he has

voted.PART VIII

SUPPLEMENTAL PROVISIONS

88. Every person who is elected or nominated a member of the Oath or

Council shall previousto takinghis seat take beforethe Local Govern- :::::on to be

ment Commissioneror the Chairman at a meeting of the Council an members.

oath or affirmationin the following form:

"I, do swear(or declare) thatI will well and faithfully discharge the duties of a member of theCouncil of the Carib Reserve (So help me God.)."

89. (1) If any vacancy occurs in the office of elected membersof HOld.ing .of

th . . election ill case ofe Council, the electors shall, on a day to be fixed by the Chief vacancy on the

Elections Officerbeingwithin thirty days after thevacancyarises,and Council.

after the publication of due notice in the Gazette and in one of the [12 of 1990).

newspaperspublishediii the Si<itt;,auJ ihe posting uf the notice in memanner provided in section 57 hereof, elect anotherperson to fill the

(2) The election shall be held, and the voting and other proceedings shall be conducted, in the same manner and subject to thesamerulesandformalities as arehereinbeforeprovidedin respectof thenlti'hl~ni plp,..ti'-'i'H:~ nf' rT'",~"""",h..... --. _+, ..i-. ......~~~~~_....~~

------------- --- ----~-===-:....---=:..:; -;...-~ ;,.;;.,;;.-;... --~----- .... -

L.R.o.IJ1991


Delivery byelected memberof the Council ofa statement of hisqua1ification.Form 8.

Dissolution ofCouncil byMinister whendefault is made.

Consequences ofdissolution.

(3) Every memberso elected shall hold office until t'1e time atwhich the person in place of whom he is elected would regularly havegone out of office; but shall be eligible for re-election if he is thenqualified as herein provided.

90. (1) Every person who is elected as a member of the Councilshall before voting or sitting thereat deliver to the Chairman of theCouncil a statement in writing, signed by such member ofhis ability toread and write English Language in Form 8 and shall sign the declaration in the Form,

(2) Any person who in any such statement knowingly makesany false declaration of his qualification is liable on summary conviction to a fine of seven hundred and fifty dollars.

91. (1) If the Council in the judgment of the Minister persistentlymakes default in the performance of the duties by law imposed upon it,or exceeds or abuses its powers the Minister may by Order published inthe Gazette dissolve the Council.

(2) In case ofthe dissolution, the following consequences shallensue:

(a) all members of the Council shall, from the date of theorder, vacate their offices as such members;

(b) all the powers and duties of the Council shall, until theconstitution of a new Council under this Act, be exercised and performed by such person or persons as theMinister may appoint in that behalf, and any paymentmade to such person or persons for his or their servicesshall be a charge upon the Reserve fund;

(c) all property vested in the Council shall, during theperiod aforesaid. vest in the person or persons aforesaiduntil the constitution of a new Council, whereupon all- _:- ----- ------_-:...._:: --_:_~--------- - --~:_- ~~- _:-_----- ---- - -- - - - -- - -- - - - - -- ---- - -- -- --- - - - - -

(3) No Order for dissolution as aforesaid shall be valid unlessin such Order provision is made for the constitution under this Act ofa new Council in lieu of the Council so dissolved within a period not-=--;-_-_-::._-::__~!-- _ £ ~-~ £ __~ ~i.-_ ...i~ __ £ ~,_ ........ _... ~ --. -.--... ~ _.-- ~_ -- ,;-.__ -- --;, ..


92; L.~ h~e caseof'the dissolutioncfthe Councilundersection91 the Appointment of

Ministermay appoint a collectorof rates whoshallhave all the powers ::~:~t rate,

and duties conferred and imposed by this Act upon the Councilor the dissolution.

Clerk.

PART IX

ADMINISTRATION AND GOVERNMENT OF THERESERVE FUND

93. (I) All moneys due or grantedto the Councilor moneysmade M~eys to be

out in favour of or payable to the Council, the Chief by titular ;:;::~erk for

designationor otherwise,shall be paid to or depositedwith the Reserve Reserve fund.

Clerk, who shall deposit the moneys at the Police Station before 3.00 [21 of 1980].

p.m. each day for safe-keeping; and as soon as possible thereafter themoneys shall be lodged by the Clerk in the Carib Reserve fund. Thesaid Clerk shall keep a record of these moneysreceived,in such booksand accounts as the Financial Secretary shall require.

(2) All paymentsfrom the CaribReserve's fund shall be made Payment from

on the written order of the Clerk of the Reserve, countersignedby the Reserve's fund.

Chairman or other person designated by the Council.

94. (1) There shall be a Carib Reserve fund which shall be com- Composition of. Reserve's fund.

posed of moneys denved from - [21 of 1980].

(a) house and land rate imposedby this Act;

(b) rates, taxes, dues and feespayableto the Councilunderthis Act or any Rules or By-Lawsmade thereunder;

(c) fines for breaches of the By-Laws of the Council;

(d) moneys derived from the sale, hire or mortgage ofproperties vested in the Council;

(e) all other sources from whichthe samemay lawfully bederived, including any vote or contribution from thegeneral revenue of the State.

(2) The moneys in the CaribReservefundshall be kept in suchbanks as the Council may designate.

7;;. \ i j illor betore the monthofMayineachyearannualestimates Preparation of

of t.'1c revenue and expenditure shall be prepared by the Council in csti.-nales.

respectof the financialyearcommencingon 1st July then next ensuingin such form as may be prescribed by the Minister, and the same shall

LR.O.1Il991


approved by i.heMinister.

Accounts open toinspection bymembers ofCouncil ormembers ofHouse ofAssembly.

Audit ofaccounts.

Power ofDirector of Auditto call for books,etc.

Director of Audit....... .,.,., "'....,."'r"ffi...",---_. ------ ------

Clerk of theReserve tofurnish statement

(2) The Minister may approve of Ute estimates as subnlitted iii

whole or in part and may amend, vary or delete any item of revenue orexpenditure as he may think fit.

(3) The estimates shall, when so approved by the Minister, bebinding in their details upon the Council subject nevertheless to anyaddition, deletion, re-vote or transfer agreed to by resolution of theCouncil subsequent to the approval, which shall have been communicated to the Minister and approved by him.

96. The accounts ofthe Council shall be open at all reasonable timesto inspection by any member of the Council or of the House ofAssembly.

97. (1) The accounts of the Council shall be produced by the Clerkof the Reserve for audit by the Director of Audit at such time as suchauditor may from time to time require, and the accounts shall thereuponbe audited by the Director of Audit.

(2) The Director of Audit shall make and sign a report upon theaccounts, and a duplicate of the accounts with the report thereon shallbe forwarded to the President and the Chairman of the Council. Thesaid accounts shall be published in the Gazette.

98. For the purpose of any audit as hereinbefore provided theDirector of Audit may require the production before him of all books,deeds, contracts, accounts, vouchers, receipts, and other documents andpapers which he may consider necessary, and may require any personholding or accountable for any such books, deeds, contracts, accounts,vouchers, receipts, documents or papers to appear before him at anysuch audit or any adjournment thereof, and to make and sign adeclaration as to the correctness of the same.

99. The Director of Audit may at all reasonable times enter any

accounts, vouchers, receipts and all other documents and papers.

100. (1) The Clerk of the Reserve shall furnish monthly to theCouncil a statement ofthe Reserve fund ~rtd LlJ.e sa..~e shall be published


(2) Whenever called upon to do so by t.~e Council, the Clerk ofme Reserve Shall rurrusn an account showing the state of the Reservefund.

101. The Financial Secretary may, on the recommendation of the In~~ appro-

C i1 . ulati f th R fund . pnauon ofounc ,mvest any accum anon 0 e eserve III any manner Reserve fund

approved by the Minister. moneys.

102. The debts of the Council shall be discharged from the Reserve Payments fromfund. Reserve fund.

103. All money raised under or by virtue of this Act shall be used Appropriation ofmoney in general.

exclusively for the purposes of this Act and the By-Laws.

PART X

LAND AND HOUSE RATE

104. The Council shall, twice in each yearnot later than 31st January Amount of land

and 31st July by resolution, declare that a rate not exceeding one per and house rate.

cent on the value of all houses and lots of land in the Reserve shall beleviable as house and land rate for the current year, and the resolutionshall be published in the Gazette and in at least one of the newspapersin the State and the rates fixed in the resolutions shall be the ratesleviable as house and land rate for the current year; and the Council maywith the approval of the Minister impose such rate on any house or landoutside the boundaries of the Reserve, but within municipal limits; butno rate shall be imposed or charged on any public buildings, church,school or convent, except where in the case of any premises, other thanpublic buildings, rent is paid to the owner of any such building whenthe owner shall pay the rate.

105. For the purpose of assessing the said rate, the Council may Valuation list.

appoint two or more persons as valuers to prepare a valuation list of allpremises upon which the rate is leviable; the valuation list shall be inthe manner prescribed by the Council and shall be prepared twice ineach year, mat is to say, not later than 31st January and 31st July .

.i.vu. r or Uito purpose or maKHlg tile vaiuanon list me valuers may, Valuers may

wit.~ t.'1cir assistants ~id servants at all reasonable times until the enter, examinelands, etc.

valuation list is completed, enter, view, examine, survey and measureall and every part of any rateable premises and do or cause to be done

LR.o.l/1991


Valuers may

etc.

Preparation andpublication ofvaluation list.

Objections tovaluation list.

Council to hearobjections anddecide.

107. The Council and all and every person or persons sh~H give L~e

valuers every facility, by allowing them to inspect any books and takeany copiesor extractsor to do anyother thingnecessaryto enable themto make the valuation list.

108. Withinfourteendays afterthe valuershave valuedthe premisesor revisedthe valuationthereof they shall cause two lists to be preparedof the valuation or revised valuation, and shall sign their names at thefoot or end thereof, and shall lodge a copy thereof with the FinancialSecretaryand Provost Marshall and shall cause the list to be publishedin the Gazette and one newspaper published in the State.

109. Anypersonwhomayfeel aggrievedby anyvaluationlist,on theground of unfairness or incorrectnessin the valuation of any premisesincludedthereinor oftheinclusionthereinoromissiontherefromof anypremises may, within fourteen days after the publication thereof asaforesaid, give to the Council a notice in writing of his objectionspecifyingthe groundsthereof, and,wherethe ground of any objectionisunfairnessor incorrectnessin thevaluationof anypremisesin respectof which any person other than the person objecting is liable to bevalued, or the inclusion or omission of the premises, shall also givenotice in writing of the objection and of the ground thereof to suchperson.

110. (1) After the expirationof the period provided in sections 108and 109 for making objections to the valuation list, the Council shall,within thirty days fix a day for hearing the objections, and on the dayso fixed, the Council, after hearing the interested parties in eachobjection,and the evidencethat they mayproduce, shall determine theobjectionsand correct the valuationlist accordingly. The Councilmayadjournor postponethe hearingor furtherhearingand determinationofany such objections.

(2) The valuationlist as revisedby the Council shall be signed

the Council and the Oerk of the Reserve shall cause a notice to beywv....... ..i ...v·..... .:..:.;. ~.:....- -:....; ~v .....v ~.:.;..;. ~ .:..:.~. ';'~ ;,,;r~r·~·,:, r~"-"..:....:.:..:.:..:......·-....:- .:..=..:. :.-=-.:.......~ ...~...:. ......j' =.:.:.......- :.-"-"-";'"

valuation list hasb::en revised by L1.e COw!cillli!d may r-.c seen at theoffice of the Council.

(3) The valuation list as revised by the Council shall be the


111.. The Councilmayat &9J.y time,whenever it appears t:'1at t:.'1e nalTIeot anyowneroroccupierofanyrateablepremiseshasnotbeenincludedin the valuation list, add his name thereto; and the Council shall givehim noticein writingthathis namehas beeninsertedin the said list andthe assessment madein respectof the premises of whichhe is owneroroccupier; and the owner or occupier shallbe at liberty to object to thesaid inclusionor valuation in the mannerhereinbefore provided.

Addition to

112. (l) Any personwhohas objectedto thevaluationlist and who Appeal to

is not satisfiedwith the decisionof the Council on his objection, may, Magistrate.

withinfourteendays fromthe date of the publication of the notice thatthe valuationlist has beenrevisedby theCounciland posted,appealtoa Magistrate who shall hear and determine the appeal and his decisionshall be final and conclusive.

(2) The Magistrate shall communicate to the objector and tothe Councilhis decision,and if the decisionof the Magistraterequiresthe correctionof the valuationlist the Chairman shallcorrectthe sameaccordingly andcountersignthe correction afteraddingthe words"bydecisionof the Magistrate".

113. (1) Everyowneroroccupierwhose nameappears in the finally Incidence of rate.

revisedvaluationlist shall pay land and houserate in accordance withthe rate declared by the Council as hereinbefore provided; and thecollection thereof shall be in all respects in accordance with theprovisions of the CollectionofTaxes Act:but the Councilmay recover 01.66:01.

the amountof the said rate, andall extracharges due thereonby actionat law at the suit of the Clerk of the Reserve.

(2) Wherethe ratepayablein respect of anypropertyunderthisPart is collected from and paid by any occupierwho is not the ownerof the property,theoccupiermay deductthe amountof the rateso paidfromanyrentpayablebyhimin respectof thepremises; andintheeventof any actionbeingbrought by the ownerof any such propertyfor therecovery of rent fmm any S1.!~h occupier the Court before which theaction is brought shall allow to the occupierthe amount so paid; but---~=- - -~ ---- ~--

-and tenant with respect to the paymentof the rate.

(3) Therateshallbe paidinthemonthofAprilandin themonthof Octoberin each year, and in the eventof the rate not being paid as

-;---, ------- -------- ---- -..-- ......_---L.R.O.1I1991


Remission of rateby Council.

Notice of transferor removal to begiven.

Penalty.

Control of lands.

Penalty foroffences under

in the case of rates payable in October if paid inNovember, a charge of twenty-five cents;

(b) in the caseof rates payable in Aprilif paidin June, andin the case of rates payable in October if paid inDecember, a charge of fifty cents;

(c) in eithercase if the rate is paid subsequent to the datesabove-mentioned, a charge of seventy-five cents.

114. TheCouncil mayremitwholly or inpartanyrateonthegroundofthepoverty of anyperson, orthatthepremises in respect ofwhichtherate is payable has become deteriorated or is used exclusively forcharitable purposes, or for any othergood and sufficient reason.

PART XI

MISCELLANEOUS

115. (l) Whenever anyhouse withintheReserve is sold,transferredor removed, notice in writing of the sale, transferor removal shallbegivenbythesellerandthepurchaser, transferee orpersonremoving, asthecasemaybe, to theCouncil within thirtydaysafterthesale,transferor removal, andthenotice shallspecify theplaceto which thehousehasbeen removed.

(2) The Council may disapprove the application for the removalof anyhouseon which land or house rate has not been paid.

116. Anypersonrefusing or failing tocomply withsection115(1) isliableon summary conviction to a fine ofonehundred andfiftydollarsand in defaultof payment to imprisonment for threemonths.

117. The Council may make such Rules as may be considerednecessary for the regulation of traffic uponand generally for the goodorder, maintenance and management of the Reserve and may attachpenalties for the breach of such Rules, not exceeding sixty dollars.

approved shallhave the force of law.

118. (l) Everyperson whois guilty of anyoffence against this Actor against a..'1y Rules,Regulations or By-Laws ofL'le Council forwhich...........-- ----- ----- - --- --- -------- ------ ------ -- ------........... -.. _- - .-.. _ _ ~ - .....


Magistrate, be liable to a fine of two hundred &'ld twenty-five dollarsand in default of payment, LO imprisonment for six months.

(2) Every proceeding instituted against such offender shall be Proceedings how

taken in the name and at the instance of the Clerk of the Reserve or a instituted.

member of the Police Service.

SCHEDULE

FORM 1

Allpersons qualified as votersfor theelection of theChiefandmembers of theCaribReserve Councilwhodesireto havetheirnames inserted in the registerof votersare hereby required to deliveror causeto be delivered, theirclaimsinwriting forthatpurposeonorbeforethe dayof to metheundersignedat the officeof the Council.

Clerkof the Reserve.

FORM2

I, of (occupation)............................... hereby claimto havemynameinserted in thelistof votersfor the election of members of the CaribReserve Council.

In so doingI hereby declare that -

(1) I am a citizenof the Commonwealth of Dominica;

(2) I haveattainedthe age of eighteen years;

(3) I can read and write the English Language; and

\ '+) I am residentin the Reserve.

vat.eotne dayot , 19 ..

(Signed) ..

y_ ...L. """'-_- ~

.II! U!C Vl~~!!~1;VI ;;;; •••• ";;"",, .................................................. ••• ••

Section 40.

Section 40.

L.R.o.1I1991


NOTE

Section 40.

A voter must possessone of the following qualifications:

(a) beingresidentwithinmunicipal limits is in receiptof a clearincomeof not less than one hundredand twentydollarsperannum;or

(b) being resident within municipallimits has paid direct taxesduringtheprecedingyearto an amountofat leasttwodollarsand fortycents.

The expression "direct taxes" shall include income tax payable under theIncomeTax Act and landand houserate payableunder this Act,but no othertaxes whatever.

FORM 3

List of personsentitled to be registeredas voters for the electionof membersto the CaribReserve Council.

No. Surname and Place of Nature of Remarksforename abode qualification

i.iiiieU iHe uay Oi i;; ..

Clerkof theReserve.

Carib Reserve

FORM4

Chap. 25:90 51

Section 53.

NOTICE OF OBJECTION BY PERSONS OMmED FROM THEUST OFVOTERS

To Clerkof Reserve

I, of herebygive you noticethatI objectto the omissionof my name fromthe list of votersfor the electionofmembers to the Carib Reserve Council and that I claim to have my nameinsertedin the said list as a voter on the following qualifications, viz-

(here statequalification)

Dated the day of 19

(Signed) .

FORMS Section 53

NOTICE OF OBJECTION TO RETENTION OFNAME IN THEUST OFVOTERS

1. NOTICE TO THECLERK OFTHERESERVE

To Clerkof the Reserve

I, of being a person whosename appears in the list of voters for the electionof members to the CaribReserveCouncilhereby eiv~ ynn ni)!it:'l:" !h~! ! ()!.'j~! !0 the nameof, .of beingretainedin the said list on thegroundthat (here state shortly:~:_: ----------_!... -- --_!..~-_!.. ..:~- --~~--_.:__ s : :...._---=:

---- -------

Dated the day of , 19 .

~~. ",,-

{~12l1ea} ••........................

LR.o.l/1991


2. NOTICE TOPERSO!'! OBJECTED TO

Section 61.

To of .

I, of being a person whosename appears in the list of voters for the election of members to the CaribReserve Council hereby give you notice that I object to your name beingretained on the said list of voters on the ground that (here state shortly thegrounds onwhich theobjection isbased), andthatyouwillberequiredtoproveyour qualifications at the time of the revisingof the said list.

Dated the day of , 19 .

(Signed) ..

FORM?

FORMOF DIRECTIONS FOR THE GUIDANCE OFELECTORS IN VOTING

PLEASEREADBEFORE VOTING

1. The voter may vote for candidates.

2. The voter will go into one of the compartments and, with the pencilprovidedin thecompartment, placea crosson therighthandside,oppositethenameof each candidatefor whomhe votes, thus X.

FOR EXAMPLE:- Supposing JohnJonesandGeorgeSmithare thecandidates forelectionand the voterwishesto votefor Jones,he mustplace a crossoppositeJones' name as in the following formof ballotpaper:

JONES

CorkStreet

SMITHGeorge Smith,Carpenter,

x


3.. The voter will then fold up t:'1e ballet l-x~per7 so as to show the officialmarkonthe back and, leavingtile compartment,will without showingthefrontof thepaper to any person, show the officialmark on the back to the PresidingOfficerand then in the presence of the PresidingOfficer put the paper into theballot box and forthwith quit the polling booth.

4. If the voter inadvertently spoils the ballot paper he can return it to thePresidingOfficer, who will, if satisfiedof suchinadvertence,give him anotherpaper.

S. If the voter votesfor more than candidatesor places anymark on the paper by which he may be afterwards identified, his ballot paperwill be void and will not be counted.

6. If the voter takes a ballot paper out of the polling booth or deposits intheballotbox any other paper than theone givenhimby the PresidingOfficer,he shall be guilty of an offence and liable to imprisonment, for one year.

FORM 8

FORM OF STATEMENT OF QUALIFICAnON OF PERSON ELECTED TO BEA MEMBER OF THE CARIB RESERVE COUNCIL

Qualification of of elected to be amember of the Carib Reserve Council in the year 19 .

Ability to read and write the English Language.(Here statenature of qualification)

I hereby declare that I possess the foregoing qualification.

Dated the day of , 19 ..

(Signed)

Section 90.

L.R.O.111991

54

Sectioo6.

Chap. 25:90

1. HAT

2. BOTTLE

3. HAMMER

4. HAND5. SHOE

6. CLOCK

7. TREE8. SAW

9. FORK

10. CAR11. TEACUP

12. SlllP13. LANrERN

14. Curuss15. BRUSH

Carib Reserve

-r-r,Ii". nrvr,lVl ~

SYMBOLS

FORM 10

CARIB RESERVE ACT

NOMINATION PAPER

16. FLAG

17. CHAIR18. HORSE

19. BAT

20. HOUSE

21. KEy22. RAKE23. TABLE

24. UMBRELLA

25. BELL

26. SCISSORS

27. PEN28. BOOK

29. SHOVEL

30. FISH

We.theundersigned electorsfortheCaribReserveelectoral districtdoherebynominate thefollowing personas a properpersonto serveasChieffor thesaidCaribReserveand We certify that to the best of our belief he is qualified forelectionto serveas Chief.

Dated the dayof 19 .

Other Names Address Occupation

Carib Reserve

Signature

Chap. 25:90 55

I, nominated in theforegoing nomi-nation paper herebyconsent to such nomination as candidate for electionasCarib Chief for the Carib Reserve and name as my address for serving ofprocess and papersunderthe CaribReserve Act -

Address .

Witness my hand this day of , 19 ..

Signedbythesaidnominee inthepresenceof ..

SignatureofWitness. Signature ofCandidate.

FORM 11 Section 6.

CARIB RESERVE ACT

STATUTORY DECLARATION OF A PERSON NOMINATEDAS CARIB CHIEF

Qualificationof of inthe .of nominated as a candidate for electionas Chiefof the CaribReserve.

I, of inthe of.......................... do solemnly and sincerely declare as follows -

ThatI am duly qualified to be electedas a member of the CaribCouncilandthat-

*1. I am a Commonwealth citizenof theageof eighteen years" over the

2~ I have resided inTheReserve foraperiod of twelvemonths irnrnedi-atelybeforethe dayof my nomination for election.

$ Delete if inanolicable.

L.R.O.1Il991


nomination [or election.

3. 1 am able to speak: and read the English language with a degree ofproficiency sufficient toenablemeto takeanactivepart in theproceedings ofthe Carib Council.

*1 amable to speak: theEnglish language witha degreeof proficiencysufficienttoenablemeto takeanactivepart in theproceedings of theCouncil,but1amincapable onaccountof.. ofreading it.

4. 1 am not, by virtue of my own act, under any acknowledgement ofallegiance, obedience or adherence to a foreign Poweror State.

S. 1donotholdnoram1actinginanyofficeofemolumentundertheState.

6. 1am not a ministerof religion.

7. 1am notan undischarged bankrupt underany lawin forcein anypartof the Commonwealth.

8. 1am not a personadjudged to be of unsound mind nor detained as acriminal lunatic underany law in forcein Dominica.

9. 1havenotbeensentencedbyaCourtinanypartof theCommonwealthto death or to imprisonment (by whatever namecalled) for a termexceedingtwelvemonths.

10. 1amnotdisqualified formembership of theCaribReserve Council byany law in force in Dominica relating to offences connected withelections.

1 make this declaration conscientiously, believing the same to be true andaccording to the Statutory Declarations Act,Ch. 5:53and 1am aware that ifthereis anystatement in thisdeclaration whichis falsein factwhich1knoworbelieve to be false or do not believe to be true 1 am liable to fine andimprisonment.

(Signed) .

Declaredbeforeme this day of , 19 ..

(Signed) .

"Delete iJinapplicable.

Carib Reserve

FORM 12

Chap. 25:90 57

Section S.

CARIB RESERVE ACf

STATUTORY DECLARATION OF AGENT OF A PERSON NOMINATED AS ACANDIDATE FOR ELECTION ASCARIB CHIEF

Qualificationof of inthe .of , nominatedas a candidatefor electionas Chiefof theCaribReserve.

I, of in the .of do solemnlyand sincerely declare as follows-

That is duly qualifiedto be elected as Chief of theReserve that -

1. He is a Commonwealth citizenof the age of eighteen years* over theage of eighteen years*.

2. He has resided in theReserve fora periodof twelvemonths immediately before the day of his nomination for election.

*He is domiciledin Dominicaand wasresident thereinat the date ofhis nominationfor election.

3. He is able to speak and read the English language with a degree ofproficiencysufficientto enablehim totakeanactivepart in theproceedingsofthe Carib Reserve Council.

*He is ableto speaktheEnglishlanguagewitha degreeof proficiencysufficientto enablehim to takeanactivepart in theproceedingsof theCouncil,but is incapableon accountof , of readingit.

4. He is not, by virtue of his own act, under any acknowledgement ofallegiance,obedienceor adherence to a foreignPower or State.

5. He doesnotholdnor is heactinginanyofficeofemolumentundertheState.

6. He is not a ministerof religion.

7. He is not an undischarged bankruptunderany law in forcein any partof the C0!!!!!!0!,!'.I.'e~!th.

8. He is not a person adjudged to be of unsoundmindnor detainedas a

9. HehasnotbeensentencedbyaCourtinanypartoftheCommonwealthto death or to imprisonment(by whatevername called) for a term exceedingtwelvemonths.

L.R.O.1J1991


Section 8.

10.. Heisnotdisqualified for membership of theCarib Council byany lawin force in Dominica relating to offencesconnectedwithelections.

I make this declaration conscientiously. believing the same to be true andaccording to the StatutoryDeclarations Act, Ch. 5:53and I am aware that ifthereis any statementin thisdeclaration whichis false in fact whichI knoworbelieve to be false or do not believe to be true, I am liable to fine andimprisonment.

(Signed) ..

Declaredbefore me this day of , 19 ..

(Signed) .

FORM 13

CARIBRESERVE ACT

RETURN OF UNCONTESTED ELECTION

I herebycertifythat thepersonelectedChiefof theCaribReserveinpursuanceof the within writ is ..

(Insert name, address and occupation ofwuullber)

no other candidatehavingbeen nominated.

Dated at this day of 19 ..

Returning Officer.

To the ChiefElectionsOfficer.

The Carib Reserve

Carib Reserve

CARIB RESERVE ACT

NOTICEOF GRANT OF A POLL

Chap. 25:90 59

S~;;tioo 9,

NOTICE IS HEREBY given to the electorsof the CaribReserveaforesaidthata poll has been grantedfor the electionnow pendingfor the Reserveand thatsuchpoll willbe openedon the dayof , 19 at the hourof seven in the forenoonand kept open till the hourof five in the afternoon inthefollowingpollingstationsestablishedin thevariouspollingdivisionscomprised in the said Reserve.

Polling stations:

And that the candidates in the electionare as follows:

Candidates:

andthat the numberof votesgiven to the severalcandidateswillbe countedat................................ commencingat o'clock on the day of............................ of whichall personsare herebyrequired to take notice andgovern themselvesaccordingly.

Given under my hand at this day of..................................... 19 .

Returning Officer.

L.R.O.l/1991

60

Section11.

Chap. 25:90 Carib Reserve

CARIB RESERVE ACf

RETURN WHERE CANDIDATES WITHDRAW ORDIE

I HEREBY CERTIFY that the person elected as Chief of the Reserve inpursuance of the writis .

(as slaud 011 tIN IIOmi1l4tioll paper)

the other or all other candidates having withdrawn or died.

Dated at this day of................................, 19 .

Returning Officer.

To the Chief Elections Officer.

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