Carib Reserve Act (Cap. 25:90)

La VV"' VI' UUMlNll:A CARIB RESERVE ACT CHAPTER 25:90 Act 22 of 1978 Amendedby 21 of 1980 *8 of 1984 15 of 1984 12 of 1990 'is o( I (Vi it 1 0\ '\ {" (*By implication) Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-60 1/1991 2 Chap. 25:90 Carib Reserve on Subsidiary 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 25~90 atement of CARIB RESERVE ACT is made. ARRANGEMENT OF SECfIONS lution. 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 8 Chap. 25:90 Carib Reserve PART XI MISCELLANEOUS ion 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 11 13 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 of the 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 accordance with section 14; "Form" identified by a number, means the form so identified as set out in the Schedule; Schedule. "Minister" means the Minister responsible for local government; "Reserve" means that area set apart and described in section 41 as the Carib Reserve; "Revising Officer" means the person appointedby the Minister for the purposeof 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. nominated anyperson the list of resaid and ers as may ion deliver ieclaration ~ or, if the y his duly be. If the Forms 11 and 12. ationof the at the time .Returning do 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! of mdidature. rrn 15. .ing of poll the 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.$ Officer ghthofthe e the close L.R.v. ijiYYi :tion of Chief. of 1984]. 14 Chap. 25:90 Carib Reserve PART m oximatcly five Constitution and duration of Council. Cap. 190. (1961 Ed.). CONSTITUTION AND POWERSOF COUNCIL 14. (1) There shall be in and for the Reservea body corporatefor thegovernment oftheReserve. It shallbe alocalgovernmentbody, and in additionto the powers given in this Act shall have the powers of a Council under the Village Councils Ordinance. (2) The body corporate shall bear the name of the "Carib Reserve Council" and shall consistof sevenpersons,that is to say the person elected as Chief and six other persons elected as members thereof:Providedthatif a sufficientnumberofmembersarenotelected, or if no personsoffer themselves for electionor are elected, the Prime Ministermaynominate asmanyadditional members asmaybe required to constitute the Council. (3) The body corporate shallhave an officein the Reserve and on official seal. (4) Subject to the provisionsof this Act, any powers, authori ties, interests, rights,immunities andprivileges vestedin the Councilas constituted immediately beforethe commencement of this Act shallbe deemed to be vested in the present Council, and all property real and personal, belonging to the former Council is hereby declared to be vested in the present Council. (5) TheMinistershallthreedaysbeforeanygeneralelectionof membersheldundertheprovisions of section52, or inkeepingwiththe provisions of section91 by Orderpublishedin theGazette dissolve the Council. afterprovided, )rfurtherterms he Ministerby hich has come : as Chief; stlyappropriat ontrolbyvirtue thevotesof not ispassedavote 1since he was ted as Chief if beenconvicted >erty under his beforeentering h in section88. Qualifications of *15. No person shall be qualified to be elected as a member of the members 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 the proceedings of the Council; (d) is residentin the Reserve. Leas, ; vacant, or the ableto perform rformed (T nn thp ~i1vir.p I;:J --- --- nembers of the ie adviceof the er may appoint ifter 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 disposal of the Council; (d) is an undischarged bankrupt; (e) is suffering from mental disorder; (f) has directly or indirectly by himself or his partner, or any person in his employ, any share or interest in any contract or employment with, by or on behalf of the Council; (g) is no longer resident in the Reserve. (2) Notwithstanding subsection (1)(f), a person shall not be so disqualified, or deemed to have any share or interest in such contract or employment by reason only of his having any share or interest in (a) any lease or sale or purchase of or dealing in property vested in the Council or in any agreement for the same; or (b) any agreement for the loan ofmoney or any security for the payment of money only; or (c) any newspaper, in which any advertisement relating to the affairs of the Council is published; or (d) any company which contracts with the Council for lighting or supplying with water or insuring against fire or hurricane any part of the Reserve, nor shall any person being a member of the Council be so disqualified if after having tendered for the supply of any materials for the use ofthe Council it is found by a majority of three members at least of the Council that the supply of the material by that member will be 1 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 seat by member. L.R.o.1I1991 16 Chap. 25:90 Carib Reserve Expulsion of member. Penalty for unqualified persons sitting and voting. Resignation of member. Election of Chairman. [15 of 1984]. Powers of rL :' (c) is absent from the State for more than LhJITf days wiL'1011t leave of the Council; or (d) is in anypart of the Commonwealth convictedof perjuryor sentencedto death or penal servitudeor imprisonmentfor a term exceeding twelve months, he shall cease to be a memberof the Council and his seat shall there upon become vacant and a notificationof the facts and circumstances of the vacancy shall be published in the Gazette and in the case of a nominated member, sent to the Prime Minister. 18. If anymemberof theCouncilrefusesto obeyandconformto the rules thereof the Councilmay, after affordingthe memberan opportu nity of defending himself, by resolution expel the member from the Council, and declare his seat vacant, and his seat shall thereupon become vacant accordingly. 19. Anypersonwho,havingbeen returnedas anelectedmemberof the Council,but not havingbeen at the time of his electionqualifiedto be an elected member, sits or votes in the Council,shall for every day on which he sits or votes, and every person who sits or votes in the Council afterhis seathas becomevacant, shall for everyday on which he sits or votes after his seat has become vacant, be liable to a penalty of onehundredandfiftydollarstobe recoverable by actionat law at the suit of the Clerk of the Council. 20. A memberof the Councilmayresignhis seatby givingfourteen days' notice in writing to the Chief. CHAIRMAN 21. At the firstmeetingof a new Council,and thereafter at the first meetingfollowing anyelectionto the officeof Chief, the Councilshall instal the Chief as Chairman of the Council and he shall continue in office 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 timebe assigned to him by the Council; (b) have an originalvote, and a castingvote in the event of '" ~ - ".... ..,, ..... ,.. .... "1 .. . " ........ ,.. ........ ~. n rI Carib Reserve Chap. 25:90 17 (c) toe entitled to u;e title of "Chief of the Carib Reserve". (2) The Chairman shall receive the emolument of a member of the 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 Chairman in keeping with the provisions of section 5; and while so acting shall have 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 Chair man a request in writing that the Council be convened for the consid eration of some particular matter, the Chairman shall summon a meeting 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 a majority of votes of the members present and voting. (5) No act or proceeding of the Council or any committee thereof, 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:~:~t himself or his partner or any person in his employ, any pecuniary to vote. interest. (7) The Council shall have power to adjourn its sittings from time to time. [UNCTiONS Ai'll) FOweRS OF Titt. COLTNCiL the Reserve. (2) The Council shall provide for the collection and expendi l..RD 111001 18 Chap. 25:90 Carib Reserve Power to make Regulations. Appointment of committees and advisers. 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 any other Act relating thereto, and also of all Regulations and By-Laws made under this or any other Act. (3) The Council may endeavour to settle disputes among per sons resident in the Reserve but shall not have the right to try cases or impose fines on persons in the Reserve, other than under section 29(4). 26. (l) The Council may make Regulations relating to all or any of the 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 Council and ofany committee thereof, and the mode ofconduct ing its business respectively. (2) All such Regulations shall be published in the Gazette. (3) No such Regulations shall be made, or when made shall be altered, or rescinded, unless special notice of the intended making, alteration, or rescission has been given at the meeting preceding that at which the making, alteration, or rescission is proposed, and unless special notice as aforesaid has been transmitted to the members of the Council at least three days before the meeting. 27. (1) The Council may appoint out of its body and such persons resident within the boundaries of the Reserve such and so many committees, either of a general or special nature and consisting of such nllrrt~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 Council appoint suitable persons to serve as advisers to the Council on such ~ -:II -lI~~w , -.1 ·.' ~1 r ; ~ ... • ;:- ~ o ;;;-; .or ;;-; . Carib Reserve Chap. 25:90 19 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 in evidence without further proof in all courts of justice and for all other purposes whatsoever. (2) Until the contrary is proved, every meeting of the Council, or of a committee in respect of the proceedings whereof a minute has been so made, shall be deemed to have been duly convened and held, and all members present at the meeting shall be deemed to have been duly qualified; and where the proceedings are the proceedings of a committee, the committee shall be deemed to have been duly consti tuted, and to have had power to deal with the matter referred to in the minute. (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, be forwarded by the Clerk to the Minister and shall be published in the Gazette. 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 streets and the opening, making, repairing, stopping up and diverting thereof; (b) the erection, removal, demolition, sanitation and clos ing of buildings, walls, fences and structures of all kinds 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 intended for 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 otherinflammable substances andtheplaceor places where thesamemay be stored, sold or exposed for sale; (s) assistance for tourists andtheprevention of annoyance to tourists by idlers and beggars; (t) entryof members, officers andservants of the Council upon premises for the purposes of this Act and By Lawsmade thereunder; (u) public entertainments and performances; (v) the erection, removal, demolition, sanitation andclos ing of factories; (w) parks and playing fields. (2) By-Laws made by the Council shall be styled By-Laws ordained by the CaribReserve Council andeverysuchBy-Laws shall be subject to the approval of the Cabinet and shall not come into operation until it has been so approved and published in the Gazette: Provided that (a) the Minister shallhavethe powerto review from time to time the working of any By-Laws so in operation, and mayif of the opinion that it is causing or likelyto cause hardship require the said Council to have it CaribReserve Chap. 25:90 21 (b) sh.ould the Council fail to revoke any By=Laws within such time as may be stipulated by the Minister, the Minister may by Order published in the Gazettehave the By-Laws revoked. (3) The By-Laws shall have force only within the boundaries of the Reserve. (4) The powers conferred by this section shall include power to require, impose and charge licences, rates, dues and fees within Reserve limits with respect to matters dealt with under any By-Law. (5) The Council may by any By-Laws, Rules, or Regulations made under this Act impose on offenders against the same such penalties as it may think fit, not exceeding two hundred dollars for each offence, and in the case of a continuing offence, a further penalty not exceeding fifteen dollars for each day during which the offence contin ues after service of written notice thereof by the Council, and in default ofpayment of the penalties, imprisonment for any term not exceeding six 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 terms and conditions as may be imposed by the Prime Minister, any sum orsums ofmoney on the security ofthe immovable estate, rent, rates, and otherincome or assets ofthe Council, for the purpose of carrying out any work of public utility within municipal limits, or any work which the Council is authorised to execute under this Act; but (i) the total annual charges for interest and sinking fund in respect of any loans in existence at anyone time shall not exceed one-fourth of the total yearly income of the Council; and (ii) the annual charge for interest and repayment of any In-: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 Minister shall direct; (b) to contribute towards, either by way of grant or loan, or to T. R o 111001 22 Chap. 25:90 Carib Reserve ....- .... . L.nantaDlc ana educationai schemes. Land and buildings. Municipal markets. Markets for perishable goods. Parks and other places of recreation. Establishment of pounds. Ch.61:03. charitableinstitutionconnectedwithor for thebenefitof the Reserve; (C) to allot lands or buildings, or any part thereof for any purpose of public utility, which shall include (i) agricultural development; (ii) the construction of new streets, parks and playing fields; (iii) the opening, widening, straightening, extending or improving 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 ofmunici pal marketsandto regulatethefees, rents andtolls to bepaid for the use of such markets; (e) to provide for the allotmentof special places for the sale of perishablegoods, and to regulatethe fees, rents and tolls for the use of such special places; if) to alter or extend the waterworks constructed and now maintained for the supply of water to the Reserve or to constructadditionalwaterworksfor increasingand improv ing the water supply of the Reserve; (g) to provide, establish, layout, plant, improve, maintain and regulateparks, gardens and otherplaces of resortor recrea tion for the use of the public and to contribute to the cost of maintenance of parks, gardens and other places of resort or recreation,provided by anyperson for the use of the public. 31. (1) Notwithstanding the provisions of sections 3 and 4 of the Pounds Act, the Council may establish, erect and maintain at any convenient place or places within the Iimits ot the keserve a puonc nonnci 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 and the 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 CaribReserve Chap. 25:90 23 that SUCl1 j;::OW1U tlas ~-.:..en legally established and the pGll.B.d-keepcr legally appointed or removed as in the said notification is stated. (3) The provisions of the Pounds Act and any Regulations made thereunder shall apply (a) to anypoundestablished,erected andmaintainedunder the 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 and maintained under that Act and to the pound-keeperthereof; and pound keepers appointedunder this section shallhave the same rights,powers and duties and shall be liable to the same penalties as are conferred or imposedupon pound-keepers appointedunder the Pounds Act and any Regulations made thereunder. 32. (1) The Council may, with the prior approval of the Minister- Officers of the Council. (a) appoint fit and proper persons to be Clerk, chief sani tary inspector, Assistant Clerk, market clerk, overseer and constable of the Reserve respectively; (b) from time to time fix or alter the salaries to be paid to such officers; and (c) suspend or dismiss any of the said officers. (2) The Minister may call upon the Council to give reasons why any of the said officers should notbe suspendedor dismissed, and upon considerationthereof direct the Council to suspendor dismiss the said officer upon such terms and conditions as may be deemed fit. In the event of the Council failing to comply with such direction within three months or such shorter period as may be set out in the said direction, the Minister may proceed to suspend or dismiss the said officer. 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 rsy Laws. (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 or overseer. Appointment of officers and servants. Security of officers and servants. Delivery by servants of receipts and vouchers. Payments of moneys to Financial Secretary. Punishment of officers and servants. A';:~lt::t~nt (~iprk ---- -------- - --- overseer is unable to perform his duties, the Council may appoint some fit 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 of the Council and shall have the same powers and duties as the officer in whose place he is acting. 35. (1) The Council may appoint such other officers and servants as may be required for the efficient administration of the affairs of the Reserve. (2) Every such officer or servant shall hold office during the pleasure of the Council and shall receive such salary and perform such duties as may be assigned to him by the CounciL 36. The Council may require any officer or servant to give such security as may be thought proper for the true and faithful performance of the duties of his office, and for the due accounting for, paying over, and delivering up of all moneys, goods and chattels which may come into his hands, by virtue of such office. 37. (1) Every officer or servant appointed by the Council shall at such times during the continuance ofhis office, or within ten days after his ceasing to hold it, and in such manner as the Council may direct deliver to the Council, or as the Council may direct, a true account in writing of all matters committed to his charge and of his receipts and payments, with vouchers and a list of persons from whom moneys are due for the purposes of this Act, in connection with his office showing the amount due from each. (2) Every such officer or servant shall pay all moneys due from him 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 CaribReserve Chap. 25:90 25 deliver, or to give satisfaction respecting it, a Magistrate on complaint of the Chairman may by summary order require the said officer or servant to make such delivery or payment or to give satisfaction, and may enforce such order as provided by law. (4) Nothing in this section shall affect any remedy by action against such officer or servant or his surety, except that such officer or servant shall not be both sued by action and proceeded against summa rily 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 the Prime Minister, appoint fit and proper persons as registerirtg officers and presiding officers. (3) Election officers shall receive such remuneration as may be prescribed 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 entitled to vote as an elector in the Reserve unless registered there in the register of 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, as delineated in t~e plan thereof by Arth.. ur Percival Skeate made in 1901, T n rl '1Inn1 26 Chap. 25:90 Carib Reserve Boundaries of the Reserve. Grants of lands in the Reserve to the Council. Minister may vest other lands in the Council. Restrictions on A~Ql~nn Ul~th flu. Reserve, Non-residents may not acquire lands ill the Commissioner of Lands in 1975, is in this Act, referred to as the Carib Reserve. 42. The Boundaries of the Reserve which have been set out in the Government Notice No. 30 in the Official Gazette, Volume XXVI of July 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 parts of Lots 61 and 63. 43. (1) Not later than 3rd November, 1978, the Prime Minister shall make a grant of the lands comprising the Reserve, the boundaries ofwhich are set out in section 42, amounting to 3,700 acres more or less as aforesaid, to the Carib Council for and on behalfof the people of the Reserve and shall as soon as possible thereafter assist the Council to obtain a certificate of title to those lands. (2) In any dealings with lands in the Reserve the Chief shall be responsible for signing the requisite documents on the authority of a resolution passed by the Council. (3) The seal of the Council shall be affixed to such documents as aforementioned and be authenticated by the Clerk of the Council. 44. (1) The Minister may from time to time by State grant vest other lands in the Council to form part of the Reserve. (2) Details of any grants so made shall be given in a notice to be 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 take possession of or otherwise acquire lands or interest therein, in the Carib Reserve Chap. 25:90 27 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~:~~~~5 on 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 interest therein; (b) accept surrenders or reconveyances and enter into con tracts involving real or personal property; (c) subject to the provisions of section 50, and restraint reser vation or condition contained in the document under which it shall acquire title thereto, sell, exchange, devise, mort gage or otherwise dispose of and deal with any property which may for the time being be vested in or have been acquired by it; (d) demarcate, apportion, allot or exchange lands in the Re serve to persons resident in the Reserve, for agricultural or other approved purposes. 48. The Government shall retain responsibility for overall develop- Government to ment and planning in the Reserve. retain responsibil ity 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 persons eserve 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 persons permanently resident there; or who is lawfully passing or repassing on a 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 the eserve. have no right to remain there; but any person who has resided in the Reserve for more than twelve years may not be required to leave the D ....n ...... ...... ~ ......... ~~ .... ~~ ":'~:: .c -:. i-:.~~ ~~ - - --- ~~ .j 1i- 'Ii '". ~ -; - ~ • - ~ "~"I~"' "". "I." ~.... • " , ".;-;~.. o. •• o. .. o. T.RD 111001 28 Chap. 25:90 Carib Reserve Term of office of Council. [15 of 1984] Mode of holding election and manner of voting. [15 of 1984]. (2) For u~e puq;-~sesof t111s section a person sh~11 c-e deemed to 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 of twelve years or more. PART VI PROCEEDINGS FOR AND AT ELECfIONS 52. (1) (a) The term of office of each Council shall, unless the Council is sooner dissolved, be approximately of five years duration, and shall commence on the day when the Council first meets after each general election of members. (b) The first meeting of the Council shall in no case take place later than one month after each general election of members. (2) On a date to be fixed by the Chief Elections Officer, not being more than forty-five days after the termination of the term of office of the outgoing Council, the electors of the Reserve shall vote in the manner hereinafter provided for election of members of the Coun cil: Provided that elections shall be held in the month of July, 1984 or a date to be fixed by the Chief Elections Officer. (3) The date of elections shall be fixed by the Chief Elections Officer in keeping with the provisions ofthis Act and shall be published by him in the Gazette and in one of the newspapers published in the State and posted up in the manner provided in section 9. 53. (1) Every election shall be held before the Presiding Officer and such persons as may be appointed to assist him, all of whom shall be appointed by the Chief Elections Officer. (2) The voting shall commence at eight 0'clock in the morning and shall close at five 0'clock in the afternoon ofthe same day, and shall be 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 CaribReserve Chap. 25:90 29 \vhomhe has t~erl nOITlinarcd; with theirsignaturesattached,have ~",cn lodged with the Presiding Officer atieast seven days before the opening of an election. (5) If at such time the number of candidates nominated and standing for election does not exceed the number then to be elected, the Presiding Officer shall declare that the said candidates are duly elected. (6) It shall be lawful for any person whose name appears on the register of voters to object to the nomination of any candidate for election as not being duly qualified, and the Presiding Officer shall decide the validity of every objection. (7) If the Presiding Officer disallows the objections his deci sion shall be final, but ifhe allows the same his decision shall be subject to 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, and if 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 withdrawn not less than forty-eight hours before the poll is begun, the deposit shall be returned to the person by whom it was made; and ifthe candidate dies after the deposit is made and before the poll is begun, the deposit, if made 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 was made. 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 of the 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 30 Chap. 25:90 Carib Reserve 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 expenses incurred in respect of such provision shall be defrayed from the Reserve fund. Place of polling. 57. The polling and election of members of the Council shall take place at such rooms or buildings in the Reserve as may be appointed by the Council with the consent of the ChiefElections Officer by notice in the Gazette and in one of the newspapers published in the State and posted in the offices of the Council and on prominent places designated by the Chief Elections Officer. Ballot paper. 58. (1) The ballot of each vote shall consist of a paper in this Act called a ballot paper showing the names, descriptions and addresses of the candidates, arranged alphabetically in the order of their surnames; it shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face, and shall be capable of being folded up. (2) The surname of each candidate, and if there are two or more candidates of the same surnames, also the other names of such candi dates, shall be printed in large characters, and subject as aforesaid the names, descriptions and addresses, and the number on the back of the ballot paper shall be printed in small characters. (3) (a) There shall be printed upon every ballot paper opposite to the name of each candidate, one of the symbols shown in Form 9 which shall be allotted to each candidate in the manner hereinafter provided. (b) When the Presiding Officer is satisfied that a recog nised political party has applied to him for a party symbol, he shall allocate one of the symbols numbered 1-5 in Form 9 to such party and the official candidate or candidates of such party shall be entitled to have 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 shall correspond with the order in which the names of the candidates Carib Reserve Chap. 25:90 31 59" Every baBet t~JX shall be so constructed that Ul.e b=l11ot papers ~~~st~]ction of can be introducedtherein, butcannotbewithdrawn therefrom,without the 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 of ot. marked on both sides by the PresidingOfficerwith a mark in this Act called "the official mark", and the number and name of the elector, as stated in the copy of the registerof voters, shall be called out, and the number of the elector shall be marked on the counterfoil, and a mark shallbe placed on the copy of the registerof voters against thenumber of the elector to denote that he has received a ballot paper, but without showing 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 right hand sideof theballotpaper withthe leadpencilprovided,oppositethe name of each candidatefor whomhe votes, thus X; and shall then fold up theballot paper, in such a manneras to concealhis vote,but to show the official mark on the back, and shall then put his ballot paper so folded 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 electorvoting is entitled to vote for, or on whichanythingexcept the said numberon the 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 quit the polling place as soon as he has put his ballot paper into the ballot box. blmdness or otherphysicalcausefromvoting in the mannerprescribed by this Act, the Presiding Office shall, in the presence of the person appointed to assisthim at the election,cause the vote of the elector to be markedonthe ballotpaper in themannerdirectedby the electorand thp }V::iH,-" n.")~"" Tn M iqnnrl ~.,.." Tho. hoii i- h .... ;---; --- --- ---- -- ------- - ----- - ---- - ------~. LR.o.1I1991 32 Chap. 25:90 Carib Reserve Spoilt ballot paper. Procedure at close of polL [15 of 1984]. [12 of 1990]. Mode of dealing with rejected ballot paper. (2) "l"ne nanle atlQ number in the register of voters of every electorwhosevoteis markedinpursuanceof this sectionandthe reason why it is so marked, shall be entered on a list to be called "the list of voters marked by the Presiding Officer". 64. Anyelectorwho hasinadvertently dealtwithhis ballotpaper in such manner that it cannotbe conveniently used as a ballotpapermay, on deliveringto the PresidingOfficerthe ballot paper so inadvertently dealtwith,andon provingthefactof theinadvertence to thesatisfaction of the Presiding Officer,obtain anotherballot paper in the place of the ballot paper so deliveredup, and the spoilt ballot paper shall immedi ately be cancelled by the Presiding Officer. 65. (1) For the purpose of taking the poll, the Chief Elections Officer shall appointsuitablepersonsto be ReturningOfficers,Presid ing Officers and Poll Clerks, who shall receive such remuneration as may be fixed by the Chief Elections Officer. (2) After the closeof thepoll, andbefore thePresidingOfficer departsfrom the placeof election,the ballotbox shallbe openedby the Presiding Officer,in the presenceof the personappointedto assisthim at the election, and of the candidates, or of the persons who proposed them, or any other persons in attendance nominated by them for the purpose; and no other person shall, except with the sanction of the Presiding Officer, be present. (3) ThePresiding0 fficershallascertainthe resultofthepollby countingthe votes givento eachcandidate,but whiledoingso, he shall keep the ballot papers, with their faces upwards, and shall take all proper precautionsfor preventing anyperson fromseeingthe numbers on such papers. 66. (1) The Presiding Officer shall endorse "Rejected" on any ballot 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 several heads of .- .. ; ...-...; .-.; .-.;; ..--.. --:;.; ;-.-. --:::. ;-~ Carib Reserve Chap. 25:90 33 (b) voting formore candidates u1an the voter was entitled to vote for; (c) presence ofwriting or mark by which the voter could be identified; and (d) want of voter's mark, or avoidance for uncertainty. (3) The Presiding Officer shall, on request, allow any candi date, or any person who proposed a candidate, or any other person nominated as aforesaid, to copy the report before it is sent in. 67. The decision of the Presiding Officer as to any question arising in respect of any ballot paper shall be subject to reversal by the Returning Officer on the final count. Finality of Presiding Officer's decision on question as to ballot papers. [15 of 1984]. 68. (1) The Presiding Officer shall transmit to the Returning Offi- Declaration and return 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 as the Chief Elections Officer may direct. (2) The Returning Officer, upon receipt by him of each of the ballot boxes, shall take every precaution for its safe-keeping and for preventing any person other than himself and his Election Clerk having access thereto; sealing it under his own seal so that it cannot be opened without the seal being broken but without effacing or covering any other seals thereto affixed. (3) After all the ballot boxes have been received, they shall be opened in the presence ofsuch of the candidates ortheirrepresentatives as are present, by the Returning Officer who shall (u) count the VULt::; contained therein cast for each candi date (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 (al lowing the candidates and their representatives to see tu r, 111001 34 Chap. 25:90 Carib Reserve :::::------------:;:::----- ----¥: and if so for which candidate; (c) add up the total number of votes (including any votes rejected by the Presiding Officer but which he thinks should not have been so rejected) cast for each candi date; (d) make or sign any necessary amendments to the state ment of the poll. (4) If, for the final count of the votes, none of the candidates or their representatives are present, it shall be the duty of the Returning Officer or Election Clerk to secure the presence of at least two electors who shall remain in attendance until the final count ofthe votes has been completed. (5) In the case of an election for the office of Chief or of a by election to fill a vacancy in the Council, the candidate, and in the case of the general election for the Council, the five candidates who on the final count of the votes, is or are found to have the largest number of votes shall then be declared elected in writing and a copy of the declaration shall be forthwith delivered to each candidate or his agent if present at the final count of the votes, or if any candidate is neither present nor represented thereat, shall be forthwith transmitted to such candidate by registered post. (6) Where two or more candidates have an equal number of votes, and the addition of a vote would entitle any such candidates to be declared elected, the Presiding Officer shall make a special return to that effect and the Council shall have the right of choosing anyone or more ofsuch candidates, as the case may be, to be amemberor members of the Council. In this subsection in the case of a general election "Coun cil" 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 election election. in separate packets according to their description, and shall deliver the f1" r;,f l00t11:. .. ...... A"" --"'JO same to me Chief,Elections Officer endor-sing on each packet a ....:;;--- : ~: - -~:~- -------- --,..; -~- ...;;;--- -~-~- --;---: Carib Reserve Chap. 25:90 35 (2) The documents and papers shall be sealed up in the pres ence of me candidates, or the persons who proposed them, or any other person nominated by them for the purpose in attendance; and no other person shall, except with the sanction of the Presiding Officer, be present. (3) The Chief Elections Officer shall retain for three years all the documents and papers so delivered to him, and at the expiration of such time he shall, unless otherwise directed by the High Court, cause them 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, and on proof being made to its satisfaction that the inspection of the ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return. (3) Any such order for the inspection or production of ballot papers may be made subject to such conditions as to person, time, place and mode of inspection or production as the High Court may think expedient, and shall be obeyed by the officer or person having the custody 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 an documents 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 as to person, time, place and mode of opening or inspections as the High Court may think expedient; and the documents or papers shall be sealed by such person at such time and in such manner as the High Court may direct. porting to have been used at any election, and of the counterfoil ;(:~:.s evidence corresponding thereto, shall be primafacie evidence that the person who voted by such ballot paper was the person who at the time of the election had annexed to his name in the register of voters iIlllse at LlJ.e 010,.."; Tk", n ... .... ~. 1- ~i. -"- - --- .::;---- ,;- -:;;:.-~ ;;; .. -;; ;~;;;;;;;;-;-;;~-;;; T. 1/ n 111001 36 Chap. 25:90 Carib Reserve P4~£T VII Petitions against elections. Trial of election petitions. Powers of Judge. Bribery. ELECTION PETITIONS AND OFFENCES PETITIONS 73. A petitioncomplaining of an unduereturnor undueelectionof a memberof the Councilin this Act called an electionpetitionmay be presentedto the HighCourtwithintwenty-one daysafterthedate of the return or electionby any person (a) whovotedor had a rightto vote at the electionto whichthe petition 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 an action in the High Courtby a Judgesittingalone. At the conclusionof the trial the Judgeshall determine whetherthe memberof the Council whosereturnorelectionis complained ofor any,andwhat,otherperson was duly returned and elected, or whether the electionwas void, and shallcertifythedetermination to the ChiefElections Officer, and,upon his certificate being given, the determination shall be final; and the return 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 the provisionsof thisAct,havethesamepowers,jurisdictionandauthority, and witnesses shall be subpoenaed and sworn in the same manner, as nearlyascircumstances admit, as in the trialof a civilactionin the High Court, and such witnesses shall be subject to the same penalties for perjury. OFFENCES 76. (1) The persons mentioned in the following subsections shall be deemed guilty of briberywithin me meaning of this Aci. anyother persononhis behalf,gives.lends or agreesto give or lend,or offers,promises,or promises toprocureor to endeavourto procure,any money or valuable consideration to or for any voter, or to or for any per~~n on behalf of a...TJ.y voter~ or to or for a...l1Y other person in order to Carib Reserve Chap. 25:90 37 such act as aforesaidon aCCOUflL of the voterhaving votedor refrained from voting at any election. (3) Every person who directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure,or offers, promisesor promisesto procure or to endeavourto procure,anyoffice,placeor employmenttoor for anyvoter,or to or for anypersonon behalf of anyvoter,or to or for anyotherpersonin order to induce the voter to voteor refrainfromvoting,or corruptlydoes any such act as aforesaidon accountof anyvoterhavingvotedor refrained from voting at any election. (4) Every personwho, directly or indirectly,by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreementas aforesaid to or for any person in order to induce that person to procure,or endeavourto procure, the return of any person as an elected memberof the Council,or the vote of any voter at any election. (5) Everypersonwho,uponor inconsequence of anysuchgift, loan, offer, promise, procurement, or agreement, procuresor engages, promisesor endeavours toprocurethe returnofanypersonasanelected member 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 the money,or anypart thereofshallbe expendedin briberyat anyelection, or who knowinglypays,or causesto be paid, any money to anyperson in dischargeor repaymentof anymoney whollyor in part expendedin bribery at any election. (7) Every voter who,before or duringany election,directlyor indirectly, 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, for voting or agreeingto vote or for refraining or agreeingto refrain from voting at any election. (0) Evtay person who, after allY election, directly ur indirectly by 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 to refrain from voting at any election. (9) Every personwho directlyor indirectlycorruptlypays any L L 1 .1 1r r .1 ~"' . ~ - .•. - 0. • •••••• L.R.o.1I1991 38 Chap. 25:90 Carib Reserve Treating. Undue influence. Personation. Penalty for bribery. treating to be registered as a voter in ordcr thereby to influence his vote at wT)Y future election and every person on whose behalf and with whose privity, any such payment as last aforesaid is made. 77. (l) The persons mentioned in the following subsections shall be deemedguiltyof treating within the meaning of this Act. (2) Every person who corruptly, by himself or by any other person,eitherbefore, duringor afteran election, directly or indirectly gives or provides or pays wholly or in part the expense of giving or providing any food, drink, entertainment, or provision to or for any personforthepurpose ofcorruptly influencing thatperson, oranyother person, to voteor to refrainfrom voting, at the election, or on account of thatpersonoranyotherpersonhavingvotedorrefrained from voting at the election. (3) Every elector, who corruptly accepts or takes any such food, drink,entertainment or provision. 78. Everypersonwho directly or indirectly, by himself, or by any otherpersononhisbehalf, makes useofor threatens tomakeuseof any force, violence or restraint, or inflicts or threatens to inflict,by himself or by anyotherperson, anytemporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that persontovoteorrefrainfrom voting oronaccount ofthatpersonhaving voted or refrained from voting at any election, or who by abduction, duress or any fraudulent contrivance impedes or prevents the free exerciseof the franchise of anyelectoror thereby compels, induces or prevails upon anyelectoreitherto giveor refrain from givinghis vote at any electionis guiltyof undueinfluence withinthe meaning of this Act. 79. Everypersonwhoatanyelectionapplies foraballotpaperinthe name 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 undueinflu ence shall,onconvictiontherefor,be liable to afmeof onethousandfive l- ..i ...i ...j 11 .... .: '; L £ . CaribReserve Chap. 25:90 39 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 for two 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 other punishment, be incapable during a period of seven years from the date of the conviction (a) of being registered as a voter, or voting at any election of a member of the Council; (b) of being elected a member of the Council and, if elected before his conviction, he shall vacate his seat as such member. 83. Every person who - Penalty for certain 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 false statement of the withdrawal of a candidate at the election for the purpose of promoting or procuring the election of another candidate, is guilty of an illegal practice, and liable on summary conviction to a fine of seven hundred and fifty dollars, and shall be incapable, during a period offive years from the date of his conviction, of being registered as 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 de strovs any ballot paper or the official mark on any ballot paper; (c) fraudulently puts into any ballot box any paper other than the ballot naner which he is authorised bv law to- - -----~ 1F~~-~~ ~~~-~-- --~ ~~ ~~~~~ ---~ -- --,.1 --- .• Offences in respect of ballot papers .. t.» n 111001 40 Chap. 25:90 Carib Reserve Infringement of secrecy. (d) fraudulently takes out of the polling station any ballot paper; (e) without due authoritydestroys, takes, opens, or other wise interferes with any ballot box or packet of ballot papers then in use for the purposesof any election; or (j) not beingdillyregistered as a votervotes at the election of a member of Council, is guilty of an offenceandliable, if he is a PresidingOfficer (or person appointed to assisthim), to a fine of nine hundred and sixty dollars or to imprisonmentfor a term of two years, and if he is any other person to a fme of two hundredand fifty dollarsor to imprisonment for a term of six months. (2) Anyattemptto commitanyoffencespecifiedin this section shall be punishable in the manner in which the offence itself is punishable. (3) In anyinformationor prosecutionfor anoffence in relation to the ballot boxes,ballotpapers, and other things in use at an election, the property in the ballot boxes,ballot papers,or things may be stated to be in the Presiding Officer at the election. 85. (1) Every officer, clerk or agent in attendance at a polling station shall maintainand aid in maintaining the secrecy of the voting in the station, and shall not communicate, except for some purpose authorisedby law,before the poll is closed,to anyperson any informa tion as to the name or numberon the registerof votersor anyvoter who has or has not appliedfor a ballot paper or voted at that station, and no person shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station any information as to the candidate for whom any voter in the station is abouttovoteorhasvoted,or asto thenumberon thebackof theballot paper given to any voter at the station. (2) Every officer, clerk. or agent in attendance at the counting of me VOles shall maintain ami ail! in iuaiuiaiuiug un; :SCl;!Cl;y of the voting, 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 any particular ballot paper. (3) t{op=erson shall, directly or indirectly, induce ~'1y voter to CaribReserve Chap. 25:90 41 anypersonthe. nameof thecandidate for\VhOITl oragain.st wlu)se name he LIas so marked his vote. (4) Everypersonwhoactsincontravention of theprovisionsof this section shall be liable on summary conviction to a fine of four hundred 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 section means any of the following offences: bribery, treating, undue influ ence, and personationas hereinbefore set forth. (3) A corrupt practice shall be deemed to be committed by a candidate if it is committedwithhis knowledge and consent,or for the purposesof this section,by a person whois actingunder the generalor special 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) that I will well and faithfully discharge the duties of a member of the Council 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 of e 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 me manner provided in section 57 hereof, elect anotherperson to fill the (2) The election shall be held, and the voting and other pro ceedings shall be conducted, in the same manner and subject to the samerulesandformalities as arehereinbeforeprovidedin respectof the nlti'hl~ni plp,..ti'-'i'H:~ nf' rT'",~"""",h..... --. +, ..i-. ......~~~~~ ....~~ --- ----~-===-:....---=:..:; -;...-~ ;,.;;.,;;.-;... --~----- .... L.R.o.IJ1991 42 Chap. 25:90 Carib Reserve Delivery by elected member of the Council of a statement of his qua1ification. Form 8. Dissolution of Council by Minister when default is made. Consequences of dissolution. (3) Every memberso elected shall hold office until t'1e time at which the person in place of whom he is elected would regularly have gone out of office; but shall be eligible for re-election if he is then qualified as herein provided. 90. (1) Every person who is elected as a member of the Council shall before voting or sitting thereat deliver to the Chairman of the Council a statement in writing, signed by such member ofhis ability to read and write English Language in Form 8 and shall sign the declara tion in the Form, (2) Any person who in any such statement knowingly makes any false declaration of his qualification is liable on summary convic tion to a fine of seven hundred and fifty dollars. 91. (1) If the Council in the judgment of the Minister persistently makes default in the performance of the duties by law imposed upon it, or exceeds or abuses its powers the Minister may by Order published in the Gazette dissolve the Council. (2) In case ofthe dissolution, the following consequences shall ensue: (a) all members of the Council shall, from the date of the order, vacate their offices as such members; (b) all the powers and duties of the Council shall, until the constitution of a new Council under this Act, be exer cised and performed by such person or persons as the Minister may appoint in that behalf, and any payment made to such person or persons for his or their services shall be a charge upon the Reserve fund; (c) all property vested in the Council shall, during the period aforesaid. vest in the person or persons aforesaid until the constitution of a new Council, whereupon all :- ----- ------ -:.... :: -- : ~--------- - --~: - ~~- :- ----- - -- - - - -- - -- - - - - -- ---- - -- -- --- - - - - (3) No Order for dissolution as aforesaid shall be valid unless in such Order provision is made for the constitution under this Act of a new Council in lieu of the Council so dissolved within a period not =--;- - -::. -:: ~!-- £ ~-~ £ ~ ~i.- ...i~ £ ~, ........ ... ~ --. -.--... ~ .-- ~ -- ,;-. -- --;, .. CaribReserve Chap. 25:90 43 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 THE RESERVE 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 the moneys shall be lodged by the Clerk in the Carib Reserve fund. The said Clerk shall keep a record of these moneysreceived,in such books and 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 Councilunder this 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 of properties vested in the Council; (e) all other sources from whichthe samemay lawfully be derived, including any vote or contribution from the general revenue of the State. (2) The moneys in the CaribReservefundshall be kept in such banks 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 ensuing in such form as may be prescribed by the Minister, and the same shall LR.O.1Il991 44 Chap. 25:90 Carib Reserve approved by i.he Minister. Accounts open to inspection by members of Council or members of House of Assembly. Audit of accounts. Power of Director of Audit to call for books, etc. Director of Audit ....... .,.,., "'....,."'r"ffi...",--- . ------ Clerk of the Reserve to furnish 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 or expenditure as he may think fit. (3) The estimates shall, when so approved by the Minister, be binding in their details upon the Council subject nevertheless to any addition, deletion, re-vote or transfer agreed to by resolution of the Council subsequent to the approval, which shall have been communi cated to the Minister and approved by him. 96. The accounts ofthe Council shall be open at all reasonable times to inspection by any member of the Council or of the House of Assembly. 97. (1) The accounts of the Council shall be produced by the Clerk of the Reserve for audit by the Director of Audit at such time as such auditor may from time to time require, and the accounts shall thereupon be audited by the Director of Audit. (2) The Director of Audit shall make and sign a report upon the accounts, and a duplicate of the accounts with the report thereon shall be forwarded to the President and the Chairman of the Council. The said accounts shall be published in the Gazette. 98. For the purpose of any audit as hereinbefore provided the Director of Audit may require the production before him of all books, deeds, contracts, accounts, vouchers, receipts, and other documents and papers which he may consider necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, receipts, documents or papers to appear before him at any such audit or any adjournment thereof, and to make and sign a declaration 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 the Council a statement ofthe Reserve fund ~rtd LlJ.e sa..~e shall be published Carib Reserve Chap. 25:90 45 (2) Whenever called upon to do so by t.~e Council, the Clerk of me Reserve Shall rurrusn an account showing the state of the Reserve fund. 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 from fund. Reserve fund. 103. All money raised under or by virtue of this Act shall be used Appropriation of money 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 be leviable as house and land rate for the current year, and the resolution shall be published in the Gazette and in at least one of the newspapers in the State and the rates fixed in the resolutions shall be the rates leviable as house and land rate for the current year; and the Council may with the approval of the Minister impose such rate on any house or land outside the boundaries of the Reserve, but within municipal limits; but no rate shall be imposed or charged on any public buildings, church, school or convent, except where in the case of any premises, other than public buildings, rent is paid to the owner of any such building when the 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 all premises upon which the rate is leviable; the valuation list shall be in the manner prescribed by the Council and shall be prepared twice in each 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, examine lands, etc. valuation list is completed, enter, view, examine, survey and measure all and every part of any rateable premises and do or cause to be done LR.o.l/1991 46 Chap. 25:90 Carib Reserve Valuers may etc. Preparation and publication of valuation list. Objections to valuation list. Council to hear objections and decide. 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 take any copiesor extractsor to do anyother thingnecessaryto enable them to make the valuation list. 108. Withinfourteendays afterthe valuershave valuedthe premises or revisedthe valuationthereof they shall cause two lists to be prepared of the valuation or revised valuation, and shall sign their names at the foot or end thereof, and shall lodge a copy thereof with the Financial Secretaryand Provost Marshall and shall cause the list to be published in the Gazette and one newspaper published in the State. 109. Anypersonwhomayfeel aggrievedby anyvaluationlist,on the ground of unfairness or incorrectnessin the valuation of any premises includedthereinor oftheinclusionthereinoromissiontherefromof any premises may, within fourteen days after the publication thereof as aforesaid, give to the Council a notice in writing of his objection specifyingthe groundsthereof, and,wherethe ground of any objection isunfairnessor incorrectnessin thevaluationof anypremisesin respect of which any person other than the person objecting is liable to be valued, or the inclusion or omission of the premises, shall also give notice in writing of the objection and of the ground thereof to such person. 110. (1) After the expirationof the period provided in sections 108 and 109 for making objections to the valuation list, the Council shall, within thirty days fix a day for hearing the objections, and on the day so fixed, the Council, after hearing the interested parties in each objection,and the evidencethat they mayproduce, shall determine the objectionsand correct the valuationlist accordingly. The Councilmay adjournor postponethe hearingor furtherhearingand determinationof any 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 be ywv....... ..i ...v·..... .:..:.;. ~.:....- -:....; ~v .....v ~.:.;..;. ~ .:..:.~. ';'~ ;,,;r~r·~·,:, r~"-"..:....:.:..:.:..:......·-....:- .:..=..:. :.-=-.:.......~ ...~...:. ......j' =.:.:.......- :.-"-"-";'" valuation list hasb::en revised by L1.e COw!cillli!d may r-.c seen at the office of the Council. (3) The valuation list as revised by the Council shall be the Carib Reserve Chap. 25:90 47 111.. The Councilmayat &9J.y time,whenever it appears t:'1at t:.'1e nalTIe ot anyowneroroccupierofanyrateablepremiseshasnotbeenincluded in the valuation list, add his name thereto; and the Council shall give him noticein writingthathis namehas beeninsertedin the said list and the assessment madein respectof the premises of whichhe is owneror occupier; and the owner or occupier shallbe at liberty to object to the said 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 that the valuationlist has beenrevisedby theCounciland posted,appealto a Magistrate who shall hear and determine the appeal and his decision shall be final and conclusive. (2) The Magistrate shall communicate to the objector and to the Councilhis decision,and if the decisionof the Magistraterequires the correctionof the valuationlist the Chairman shallcorrectthe same accordingly andcountersignthe correction afteraddingthe words"by decisionof the Magistrate". 113. (1) Everyowneroroccupierwhose nameappears in the finally Incidence of rate. revisedvaluationlist shall pay land and houserate in accordance with the rate declared by the Council as hereinbefore provided; and the collection thereof shall be in all respects in accordance with the provisions of the CollectionofTaxes Act:but the Councilmay recover 01.66:01. the amountof the said rate, andall extracharges due thereonby action at law at the suit of the Clerk of the Reserve. (2) Wherethe ratepayablein respect of anypropertyunderthis Part is collected from and paid by any occupierwho is not the owner of the property,theoccupiermay deductthe amountof the rateso paid fromanyrentpayablebyhimin respectof thepremises; andintheevent of any actionbeingbrought by the ownerof any such propertyfor the recovery of rent fmm any S1.!~h occupier the Court before which the action is brought shall allow to the occupierthe amount so paid; but ~=- - -~ ---- ~ and tenant with respect to the paymentof the rate. (3) Therateshallbe paidinthemonthofAprilandin themonth of Octoberin each year, and in the eventof the rate not being paid as ;---, ------- -------- ---- -..-- ...... L.R.O.1I1991 48 Chap. 25:90 Carib Reserve Remission of rate by Council. Notice of transfer or removal to be given. Penalty. Control of lands. Penalty for offences under in the case of rates payable in October if paid in November, a charge of twenty-five cents; (b) in the caseof rates payable in Aprilif paidin June, and in the case of rates payable in October if paid in December, a charge of fifty cents; (c) in eithercase if the rate is paid subsequent to the dates above-mentioned, a charge of seventy-five cents. 114. TheCouncil mayremitwholly or inpartanyrateontheground ofthepoverty of anyperson, orthatthepremises in respect ofwhichthe rate is payable has become deteriorated or is used exclusively for charitable purposes, or for any othergood and sufficient reason. PART XI MISCELLANEOUS 115. (l) Whenever anyhouse withintheReserve is sold,transferred or removed, notice in writing of the sale, transferor removal shallbe givenbythesellerandthepurchaser, transferee orpersonremoving, as thecasemaybe, to theCouncil within thirtydaysafterthesale,transfer or removal, andthenotice shallspecify theplaceto which thehousehas been removed. (2) The Council may disapprove the application for the re movalof anyhouseon which land or house rate has not been paid. 116. Anypersonrefusing or failing tocomply withsection115(1) is liableon summary conviction to a fine ofonehundred andfiftydollars and in defaultof payment to imprisonment for threemonths. 117. The Council may make such Rules as may be considered necessary for the regulation of traffic uponand generally for the good order, maintenance and management of the Reserve and may attach penalties 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 Act or against a..'1y Rules,Regulations or By-Laws ofL'le Council forwhich ........... ----- ----- - --- --- -------- ------ ------ -- ------........... -.. - - .-.. ~ - ..... Carib Reserve Chap. 25:90 49 Magistrate, be liable to a fine of two hundred &'ld twenty-five dollars and 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 the CaribReserve Councilwhodesireto havetheirnames inserted in the register of votersare hereby required to deliveror causeto be delivered, theirclaims inwriting forthatpurposeonorbeforethe dayof to metheundersigned at the officeof the Council. Clerkof the Reserve. FORM2 I, of (occupation) ............................... hereby claimto havemynameinserted in thelistof voters for 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 50 Chap. 25:90 Carib Reserve NOTE Section 40. A voter must possessone of the following qualifications: (a) beingresidentwithinmunicipal limits is in receiptof a clear incomeof not less than one hundredand twentydollarsper annum;or (b) being resident within municipallimits has paid direct taxes duringtheprecedingyearto an amountofat leasttwodollars and fortycents. The expression "direct taxes" shall include income tax payable under the IncomeTax Act and landand houserate payableunder this Act,but no other taxes whatever. FORM 3 List of personsentitled to be registeredas voters for the electionof members to the CaribReserve Council. No. Surname and Place of Nature of Remarks forename 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 OF VOTERS To Clerkof Reserve I, of herebygive you noticethat I objectto the omissionof my name fromthe list of votersfor the electionof members to the Carib Reserve Council and that I claim to have my name insertedin 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 OF VOTERS 1. NOTICE TO THECLERK OFTHERESERVE To Clerkof the Reserve I, of being a person whose name appears in the list of voters for the electionof members to the Carib ReserveCouncilhereby 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 52 Chap. 25:90 Carib Reserve 2. NOTICE TOPERSO!'! OBJECTED TO Section 61. To of . I, of being a person whose name appears in the list of voters for the election of members to the Carib Reserve Council hereby give you notice that I object to your name being retained on the said list of voters on the ground that (here state shortly the grounds onwhich theobjection isbased), andthatyouwillberequiredtoprove your qualifications at the time of the revisingof the said list. Dated the day of , 19 . (Signed) .. FORM? FORMOF DIRECTIONS FOR THE GUIDANCE OF ELECTORS IN VOTING PLEASEREADBEFORE VOTING 1. The voter may vote for candidates. 2. The voter will go into one of the compartments and, with the pencil providedin thecompartment, placea crosson therighthandside,oppositethe nameof each candidatefor whomhe votes, thus X. FOR EXAMPLE:- Supposing JohnJonesandGeorgeSmithare thecandidates for electionand the voterwishesto votefor Jones,he mustplace a crossopposite Jones' name as in the following formof ballotpaper: JONES CorkStreet SMITH George Smith,Carpenter, x Carib Reserve Chap. 25:90 53 3.. The voter will then fold up t:'1e ballet l-x~per7 so as to show the official markonthe back and, leavingtile compartment,will without showingthefront of thepaper to any person, show the officialmark on the back to the Presiding Officerand then in the presence of the PresidingOfficer put the paper into the ballot box and forthwith quit the polling booth. 4. If the voter inadvertently spoils the ballot paper he can return it to the PresidingOfficer, who will, if satisfiedof suchinadvertence,give him another paper. S. If the voter votesfor more than candidatesor places any mark on the paper by which he may be afterwards identified, his ballot paper will be void and will not be counted. 6. If the voter takes a ballot paper out of the polling booth or deposits in theballotbox 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 BE A MEMBER OF THE CARIB RESERVE COUNCIL Qualification of of elected to be a member 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. HAND 5. SHOE 6. CLOCK 7. TREE 8. SAW 9. FORK 10. CAR 11. TEACUP 12. SlllP 13. LANrERN 14. Curuss 15. BRUSH Carib Reserve r-r,Ii". n rvr,lVl ~ SYMBOLS FORM 10 CARIB RESERVE ACT NOMINATION PAPER 16. FLAG 17. CHAIR 18. HORSE 19. BAT 20. HOUSE 21. KEy 22. RAKE 23. TABLE 24. UMBRELLA 25. BELL 26. SCISSORS 27. PEN 28. BOOK 29. SHOVEL 30. FISH We.theundersigned electorsfortheCaribReserveelectoral districtdohereby nominate thefollowing personas a properpersonto serveasChieffor thesaid CaribReserveand We certify that to the best of our belief he is qualified for electionto 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 electionas Carib Chief for the Carib Reserve and name as my address for serving of process 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 NOMINATED AS CARIB CHIEF Qualificationof of inthe . of nominated as a candidate for electionas Chiefof the Carib Reserve. I, of inthe of .......................... do solemnly and sincerely declare as follows ThatI am duly qualified to be electedas a member of the CaribCounciland that *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 56 Chap. 25:90 Carib Reserve nomination [or election. 3. 1 am able to speak: and read the English language with a degree of proficiency sufficient toenablemeto takeanactivepart in theproceedings of the Carib Council. *1 amable to speak: theEnglish language witha degreeof proficiency sufficienttoenablemeto takeanactivepart in theproceedings of theCouncil, but1amincapable onaccountof.. ofreading it. 4. 1 am not, by virtue of my own act, under any acknowledgement of allegiance, obedience or adherence to a foreign Poweror State. S. 1donotholdnoram1actinginanyofficeofemolumentundertheState. 6. 1am not a ministerof religion. 7. 1am notan undischarged bankrupt underany lawin forcein anypart of the Commonwealth. 8. 1am not a personadjudged to be of unsound mind nor detained as a criminal lunatic underany law in forcein Dominica. 9. 1havenotbeensentencedbyaCourtinanypartof theCommonwealth to death or to imprisonment (by whatever namecalled) for a termexceeding twelvemonths. 10. 1amnotdisqualified formembership of theCaribReserve Council by any law in force in Dominica relating to offences connected withelections. 1 make this declaration conscientiously, believing the same to be true and according to the Statutory Declarations Act,Ch. 5:53and 1am aware that if thereis anystatement in thisdeclaration whichis falsein factwhich1knowor believe to be false or do not believe to be true 1 am liable to fine and imprisonment. (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 A CANDIDATE FOR ELECTION ASCARIB CHIEF Qualificationof of inthe . of , nominatedas a candidatefor electionas Chiefof the CaribReserve. I, of in the . of do solemnlyand sincerely declare as follows That is duly qualifiedto be elected as Chief of the Reserve that 1. He is a Commonwealth citizenof the age of eighteen years* over the age of eighteen years*. 2. He has resided in theReserve fora periodof twelvemonths immedi ately before the day of his nomination for election. *He is domiciledin Dominicaand wasresident thereinat the date of his nominationfor election. 3. He is able to speak and read the English language with a degree of proficiencysufficientto enablehim totakeanactivepart in theproceedingsof the Carib Reserve Council. *He is ableto speaktheEnglishlanguagewitha degreeof proficiency sufficientto 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 of allegiance,obedienceor adherence to a foreignPower or State. 5. He doesnotholdnor is heactinginanyofficeofemolumentunderthe State. 6. He is not a ministerof religion. 7. He is not an undischarged bankruptunderany law in forcein any part of the C0!!!!!!0!,!'.I.'e~!th. 8. He is not a person adjudged to be of unsoundmindnor detainedas a 9. HehasnotbeensentencedbyaCourtinanypartoftheCommonwealth to death or to imprisonment(by whatevername called) for a term exceeding twelvemonths. L.R.O.1J1991 58 Chap. 25:90 Carib Reserve Section 8. 10.. Heisnotdisqualified for membership of theCarib Council byany law in force in Dominica relating to offencesconnectedwithelections. I make this declaration conscientiously. believing the same to be true and according to the StatutoryDeclarations Act, Ch. 5:53and I am aware that if thereis any statementin thisdeclaration whichis false in fact whichI knowor believe to be false or do not believe to be true, I am liable to fine and imprisonment. (Signed) .. Declaredbefore me this day of , 19 .. (Signed) . FORM 13 CARIBRESERVE ACT RETURN OF UNCONTESTED ELECTION I herebycertifythat thepersonelectedChiefof theCaribReserveinpursuance of 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 CaribReserveaforesaidthat a poll has been grantedfor the electionnow pendingfor the Reserveand that suchpoll willbe openedon the dayof , 19 at the hour of seven in the forenoonand kept open till the hourof five in the afternoon in thefollowingpollingstationsestablishedin thevariouspollingdivisionscom prised 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 and govern 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 in pursuance of the writ is . (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.