Legal Document

Title: West Indies Shipping Corporation Act
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: Ministry of Justice
Issuing Date: 31-12-1976

 THE WEST INDIES SHIPPING CORPORATION ACT

Arrangement of Sections

1. Short Title

2. Interpretation

3. Approval of ratification of Agreement

4. Legal status of Corporation

5. Financial provisions

6. Certain provisions of Agreement to have force of law in Jamaica

7. Questions as to entitlement to privileges and immunities

8. Dissolution of former Corporation and transfer of assets and liabilities 

9. Power of Minister to make orders

10. Amendment of schedule and matters thereon consequential


WEST INDIES SHIPPING CORPORATION ACT

[31st December 1976]

1. This Act may be cited as the West Indies Shipping Corporation Act.

2. In this Act- 

“Agreement” means the Agreement establishing a WestIndies Shipping Corporation to which Jamaica is a party, the original of which is deposited with the Secretary-General and of which the text of the Articles is set out in the Schedule

“Corporation” means the West Indies Shipping Corporation established by the Agreement;

“former Corporation” means the West Indies Shipping Corporation established by the West Indies Shipping Corporation Act, 1961 (now repealed) enacted by the Parliament of the former West Indies Federation and continued in force in Jamaica by the West Indies (Dissolution and Interim Commissioner) Order in Council, 1962, and the Jamaica (Constitution) Order in Council, 1962;

“Secretary-General” has the meaning assigned to it by paragraph 1 of Article 38 of the Agreement.

3. Ratification by the Government of the Agreement is hereby approved.

4. The Corporation shall be a body corporate to which, subject to the provisions of the Agreement, the provisions of section 28 of the Interpretation Act shall apply.

5. (1) All payments required to be made by the Government to the Corporation in respect of the obligations of Jamaica under the Agreement are hereby charged on and shall be payable out of the 'Consolidated Fund.

     (2) All sums received by the Government from the Corporation on account of the subscription of Jamaica to the capital stock of the Corporation sbaU be paid into the Consolidated Fund.

6. Subject as hereinafter provided, the provisions of Articles 30, 31, 33, 3% 35.apd 36 of the Agreement (which relate to legal process, immunities, privileges and exemptions to be given effect in regard to the Corporation) shall have the force of law in Jamaica.

7. If in any proceedings any question arises whether or not in accordance with any of the provisions of Article 31,33,34 or 35 of the Agreement, the Corporation or any other person ought to be afforded the benefit of any privilege, immunity or exemption, a certificate issued by or under the authority of the Minister and stating that the Corporation or such other person ought or ought not to be afforded that benefit as aforesaid shall be conclusive of the matters so stated.

8.  (1) The former Corporation is hereby dissolved.

     (2) All land and other property of every kind whatsoever, including choses in action, vested in the former Corporation immediately before the entry into force of the Agreement pursuant to Article 44 thereof kin this section referred to as "the operative day") shall On "that day, by virtue of this section and without further assurance, vest in the Corporation.

     (3) All rights, privileges, immunities and other advantages and all liabilities and obligations in relation to the 

matters referred to in subsection (1), to which, immediately before the operative day, the former Corporation was en­titled or subject, shall on that day be vested in and assumed by the Corporation.

     (4) All legal proceedings, in relation to the matters referred to in subsection (1), instituted by or against the former Corporation and pending immediately before the operative day, may be continued on or after such day by or against the Corporation as the party to such proceedings.

9. The Minister may, by order, make such provisions as he may consider necessary or expedient for giving effect to any provisions of the Agreement.

10. (1) Where any amendment to the Agreement is ratified by the Government and the Secretary-General notifies the Government of the entry into force of such amendment pu.rsuant to paragraph 3 of Article 37 of the Agreement, the Minister may, by order, amend the Schedule by including therein the amendment so ratified.

      (2) Any order made under this section may contain such consequential, supplemental or ancillary provisions as appears to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment ratified as aforesaid, and_         prejudice to the generality of the
foregoing, may contain provisions amending references- in this Act to specific provisions of the Agreement.

      (3)Every order made under this section shall be subject to negative resolution of the House of Representa­tives.

      (4) Where the Schedule is amended pursuant to this section, .any. reference' in this Act or any other instrument to the Agreement shall unless the context otherwise requires, be construed as a reference to the Agreement as so amended.


 

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