The Grenada Revolution Online

The People's Laws 1979

NOTE: The People's Laws of 1979 were issued in loose-leaf form. Some were printed in "The Torchlight." Because of this, the text of the laws are sporadic in their completeness and incompleteness. If you have any of these laws with fuller text for contribution to this effort, please CONTACT the web administrator. Thank you.


DECLARATION OF THE GRENADA REVOLUTION of 25 March 1979

"Whereas Constitutional Government in Grenada has been interrupted as a consequence of the violations and abuses of democracy committed by the demonstration of Eric Matthew Gairy under the guise of constitutionality.

And whereas the people of Grenada have expelled the said Gairy from office together with all his Ministers that have appointed in their stead a People's Revolutionary Government for the time being to manage the affairs of Grenada as the Trustees and Executives of the sovereign powers and rights of. the people and have empowered the said People's Revolutionary Government to issue such laws, Orders, Rules and Regulations and to do all things it may deem necessary for the restoration and preservation of the Peace, Order and good Government of Grenada.

And whereas the People's Revolutionary Government pledges to return to constitutional rule at an early opportunity and to appoint a Consultative Assembly to consult with all the people for the purpose of the establishment of a new Constitution which will reflect the wishes and aspirations of all the people of Grenada. That new Constitution will be submitted for popular approval in a referendum. All sections, classes and strata will be involved.

And whereas during this period of transition, the People's Revolutionary Government pledges to observe the fundamental rights and freedoms of all our people subject to certain measures necessary to:

  1. The maintenance of stability, peace, order and good Government;

  2. The final eradication of Gairyism; and

  3. The protection of the People's Revolution;

And whereas on the morning of March 13th 1979 the people of Grenada in the exercise of their sovereignty overthrew the regime of Eric Gairy. This sovereign act of necessity involved the suspension of The Grenada Constitution Order 1973.

And whereas on the 25th day of March, 1979, the following ten People's Laws enacted by the People's Revolutionary Government were orally declared by the Prime Minister and popularly acclaimed." [THE END]


People's Law No. One of 1979

THE SUSPENSION OF CONSTITUTION
(March 28, 1979 - Maurice Bishop, Prime Minister)

Preamble:

On the morning of March 13, 1979 the people of Grenada in the exercise of their sovereignty overthrew the regime of Eric Gairy. This sovereign act of necessity involved the suspension of the Grenada Constitution Order 1973. For the sake of regularity, the People's Revolutionary Government now formerly enacts the Constitution of Grenada as hereby, has been suspended as of 12:01 a.m., on March 13, 1979. All acts and/or Deeds by or under the authority of the Provisional Revolutionary Government or the PRG are hereby deemed and declared to have been legally done and shall not be called into question in any Court of Law or otherwise.


People's Law No. Two of 1979

THE ESTABLISHMENT OF THE PEOPLE'S REVOLUTIONARY GOVERNMENT
(March 28, 1979 - Maurice Bishop, Prime Minister)

The People's Revolutionary Government, the PRG is hereby established as of Tuesday 13 March, 1979 it accordance with the sovereign will of the Grenada. people, and in it shall be vested of executive and legislative power and the People's Revolutionary Government shall appoint a Prime Minister.


People's Law No. Three of 1979

THE HEAD OF STATE
(March 28, 1979 - Maurice Bishop, Prime Minister)

The Head of State shall remain Her Majesty The Queen, and her representative in this country shall continue to be the Governor General who shall perform such functions as the People's Revolutionary Government may from time to time advise.


People's Law No. Four of 1979

THE ESTABLISHMENT OF A SUPREME COURT OF GRENADA
(March 28, 1979 - Maurice Bishop, Prime Minister)

The West Indies Associated States Supreme Court Grenada Act 17 of 1971 is hereby repealed. There is hereby established a Supreme Court of Grenada consisting of the High Court and the Court of Appeal, in which shall be vested all that jurisdiction which was formerly exercised by the West Indies Associated States Supreme Court. Mr. Justice Archibald Nedd of the Supreme Court resident in Grenada agreed to preside.


People's Law No. Five of 1979

THE CONTINUITY OF LAWS
(March 28, 1979 - Maurice Bishop, Prime Minister)

Save as in hereinafter provided or herein or hereafter amended or repealed all existing laws shall continue in force.


People's Law No. Six of 1979

THE EXTENSION OF JURISDICTION OF MAGISTRATE COURTS
(March 28, 1979 - Maurice Bishop, Prime Minister)

The jurisdiction of Magistrates' Court shall be extended to include jurisdiction over all acts of violence against State, property, essential services and the breaches of the financial laws and regulations; the maximum penalty and conviction for each of which shall be five years hard labour.


People's Law No. Seven of 1979

THE ESTABLISHMENT OF THE PEOPLE'S REVOLUTIONARY ARMY
(March 28, 1979 - Maurice Bishop, Prime Minister)

There is hereby formerly established the People's Revolutionary Army or the PRA whose members shall be subject to, and controlled by the Grenada Military Force Act of 1976 to the extent that Act shall reasonably or appropriately apply. Notwithstanding the foregoing, the members of the People's Revolutionary Army shall have the powers of arrest and search as are vested for the members of the Royal Police Force.


People's Law No. Eight of 1979

THE ESTABLISHMENT OF PREVENTIVE DETENTION TRIBUNAL
(March 28, 1979 - Maurice Bishop, Prime Minister)

There shall be established a Preventive Detention Tribunal consisting of not less than three persons appointed by the People's Revolutionary Government, whose functions shall be the review of cases of persons placed in Preventive Detention. Any person who was taken or has threatened to take, or is reasonably suspected of intending to take action of such a nature or on such a scale as is likely to endanger the public safety or to deprive the community of any substantial portion thereof, supplies or services essential to life is liable on the order of the authority responsible for National Security, to be placed in Preventive Detention. Any person who was taken or has threatened to take, or is reasonably suspected of intending to take action of such a nature, or on such a scale as is likely to endanger the public safety, or to deprive the community of any substantial portion thereof, supplies or services essential to life is liable on the order of the authority responsible for National Security, to be placed in Preventive Detention provided, however, that a person may within fourteen days of such detention Tribunal for a review of his case end thereafter at periods not later than two months after his previous application.

The Tribunal may at any review of the case of a detained person make recommendations concerning his continued detention or otherwise to the authority by whom it was ordered. But the authority will be under no obligation to act in accordance with any such recommendation.


People's Law No. Nine of 1979

THE PRESERVATION OF PENSION RIGHTS
(March 28, 1979 - Maurice Bishop, Prime Minister)

All Public Service Rights and pensions are herein before provided under the Grenada Termination of Association Order 1973 shall be preserved.


People's Law No. Ten of 1979

DECLARATION AND EFFECT OF LAWS
(March 28, 1979 - Maurice Bishop, Prime Minister)

For the time being, all People's Laws shall become effective upon oral declaration and/or on publication of Radio Free Grenada by the Prime Minister or in the official Gazette under the hand of the Prime Minister.

During this period of transition, we pledge to observe the fundamental rights and freedoms of all our people subject to certain measures necessary to:

  1. The maintenance of stability, peace, order and good Government;

  2. the final eradication of Gairyism;

  3. the protection of the People's Revolution


People's Law No. 11 of 1979

PROCLAMATION APPOINTING MAURICE BISHOP PRIME MINISTER
(March 29, 1979 - Maurice Bishop, Prime Minister)


People's Law No. 12 of 1979

PROCLAMATION OF APPOINTING MEMBERS OF THE PEOPLE'S REVOLUTIONARY GOVERNMENT

Members of the PRG include Maurice Bishop, Bernard Coard, Unison Whiteman, Vincent Noel, Selwyn Strachan, George Louison, Kendrick Radix, Hudson Austin, Lloyd Noel, Dr. Bernard Gittens, Lyden Ramdhanny, Palme Buxo, Norris Bain, Sydney Ambrose, Caldwell Taylor, Fitzroy Bain, Basil Gahagan, Lyle Bullen, Leon Cornwall, Liam James, Gellineau James, Simon Charles and Claudette Pitt.


People's Law No. 13 of 1979

PROCLAMATION - (Appointment of Ministers)

In exercise of the powers vested in me as Prime Minister by People's Law No. 11:

(a) I hereby assign to the Prime Minister responsibility for the following departments -

Departments

Home Affairs                           Hudson Austin,
National Security                             Secretary

External Affairs
Information and Culture
Carriacou and Petit                        Lyle Bullen,
Martinique                                         Secretary

(b) I hereby appoint BERNARD COARD to be Minister of Finance, Trade and Industry (with Planning);

(c) I hereby appoint UNISON WHITEMAN to be Minister of Agriculture, Tourism and Fisheries, and PALME BUXO to be Secretary responsible for Tourism;

(d) I hereby appoint SELWYN STRACHAN to be Minister of Communication, Works and Labour;

(e) I hereby appoint NORRIS BAIN to be Minister of Health and Housing, and Dr. BERNARD GITTENS to be Secretary responsible for Health;

(f) I hereby appoint GEORGE LOUISON to be Minister of Education, Youth and Social Affairs (Community Development, Cooperatives and Sport);

(g) I hereby appoint KENDRICK RADIX to be Minister of Legal Affairs, and LLOYD NOEL to be Secretary in the said Ministry.

Dated this 29th day of March, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 14 of 1979

Proclamation (details Supreme Court jurisdiction)

Appointment of judges for the Court of Appeal and the High Court by the Governor-General acting on the advice of the Prime Minister after the Prime Minister has consulted with the Public Service Commission.

Allowed, in Section 3 (2) that "where by any law the Governor-General is required to perform any function in accordance with the advice of any body or authority the question whether the Governor-General has received or acted in accordance with such advice shall not be enquired in any court of law."


People's Law No. 15 of 1979

Proclamation (relating to Public Service and Citizenship)


People's Law No. 16 of 1979

PROCLAMATION (Cabinet of Ministers)

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

(1) There shall be a Cabinet of Ministers for Grenada which shall consist of the Prime Minister and the other Ministers.

(2) The functions of the Cabinet shall be to advise the Governor-General in the Government of Grenada and the Cabinet shall be collectively responsible to the People's Revolutionary Government for any advice given to the Governor-General by or under the general authority of the Cabinet for all things done by or under the authority of any Minister in the execution of his office.

Dated this 2nd day of April, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 17 of 1979

PROCLAMATION (ESTABLISHMENT OF PREVENTIVE DETENTION)

(Amendment of People's Law No. 8.)

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

Paragraph (b) of Law No. 8 (Establishment of Preventive Detention) is amended by inserting after the words "the public safety" the following words "or public order or to subvert or otherwise sabotage the People's Revolutionary Government".

Dated this 2nd day of April, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 18 of 1979

PROCLAMATION (Powers of Governor-General and Functions)

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1. (1) In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet except in cases where he is required by those sections of the Constitution brought into force by People's Law No. 15 of 1979, a People's Law or any other law to act in accordance with the advice of any person or authority other than the Cabinet or in his own deliberate judgment.

1. (2) Nothing in the foregoing section shall apply to the functions conferred upon the Governor-General by the People's Law No. 15 in relation to sections 83 (6), 86 (7) and 90 (5) of the Constitution.

2. The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of Grenada and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of Grenada.

Dated this 2nd day of April, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 19 of 1979

CONSTITUENCY BOUNDARIES

Creation of new constituency lists for election preparation.


People's Law No. 20 of 1979

ELECTIONS

According to Sandford,

"Conversation with Lloyd Noel, Edwin Heyliger, and others. People's Law No. 20 was supposed to have been the legal basis for enumerating voters in preparation for an election. However, it was never gazetted and it is missing from the bound volume of People's Laws. Allan Alexander came to St. George's while it was being drafted. He appears to have been influential in persuading Bishop to shelve the idea for a combination of legal and ideological reasons, and to proceed instead with a thorough revision of the constitution that would eventually permit the NJM to legitimate its rule without sacrificing its power."


People's Law No. 21 of 1979

Directions (regulating detainees)

Outlines offences: mutiny, assault on People's Revolution Army, etc. and restrictions like no public hearings for detainees.

[PARTIAL]

(2) Where there is a difference of opinion among the members of the Tribunal as to any matter, the opinion of the majority members shall be deemed to be the opinion of the Tribunal.

(3) The Minister shall forward to the Tribunal his decision in writing on its recommendation and the Tribunal shall inform the detainee accordingly.

9. The Minister may (without prejudice to the application of section 2(2) to any order made in conformity with this section) revoke a detention order at any time and in particular, may, in his discretion, do so if the Tribunal in Its report under section 8 specifies that, in its opinion, there is not sufficient cause for such detention.

10.-(l) Notwithstanding any Rule of Law to the contrary, but subject to this Law, no bail shall be allowed in the case of any person-

(a) detained under the provisions of this Law;

(b) charged with an offence, if it is shown to the satisfaction of the Magistrate that it is reasonably apprehended that the person arrested is likely to engage or to incite persons to engage in the commission of breaches of the peace or of any other offence against the person or property or an offence against this Law.

(2) The Writ of Habeas Corpus shall not lie in the case of any person denied bail by or under section 1 and no jurisdiction to grant bail in the case of such denial shall be exercised by any judge of the Supreme Court under any Rule of Law or other authority.

11. Notwithstanding any Rule of Law to the contrary and the provisions hereinbefore contained persons heretofore detained under People's Law No. 8 or otherwise by the People's Revolutionary Government shall be deemed to have been lawfully detained and in lawful custody and no such detention shall be called in question in any Court.

Dated this 12th day of April, 1979.

MAURICE BISHOP
Prime Minister


An example of an early, possibly draft, Detention Order:

GRENADA, CARRIACOU & PETIT MARTINIQUE

THE PREVENTIVE DETENTION REGULATIONS, 1979

ORDER

MADE BY THE MINISTER OF NATIONAL SECURITY UNDER
SECTIONS 2 AND 3(3) OF PEOPLE'S LAW NO. 21 OF 1979
AS AMENDED AND BY VIRTUE AND IN EXERCISE OF ALL
OTHER POWERS ENABLING HIM IN THAT BEHALF.

WHEREAS I am satisfied with respect to                                  that

with a view to preventing his acting in a manner prejudicial to public

safety or public order or the defence of Grenada, Carriacou and Petit

Martinique, or with a view to subverting or sabotaging the People's

Revolutionary Government it is necessary to make an Order providing for

the Preventive Detention of the said                                    for

the reasons, inter alia, that the said                                    has

on divers occasions by himself and with others counselled and advised

persons to engage in certain acts, including utterances, calculated to

excite disaffection against members of the People's Revolutionary

Government the Government as by People's Law established and to

engender and promote feelings of ill-will, hostility to or contempt for

classes of the inhabitants of Grenada, Carriacou and Petit Martinique

distinguished by calling, employment or political beliefs and opinions

and that he is likely to continue so to engage.

NOW THEREFORE, in pursuance of the powers conferred on me by sections 2

and 3(3) of People's Law No. 21 of 1979, as amended I hereby ORDER and

direct that the said                                                   be detained.

Ordered this                  day of                  1979.

......................................................

MINISTER OF NATIONAL SECURITY

See also a different [photographed] Detention Order


An example of a VOLUNTARY DECLARATION - pre-release:

DATE:
PLACE: Richmond Hill Prison
TIME:

I, _________________________________ also known as __________________

of ___________________________________________________ hereby faithfully

declare that I will not engage myself in any Counter Revolutionary or subver-

sive activities, directly or indirectly or by any means whatever, to overthrow,

destabilise or in any other way injure the People's Revolutionary Government

and People of Grenada, in future.

I further declare that I shall always endeavour to cooperate with the

People's Revolutionary Government in future and that I will promptly report

to the appropriate authority, any person, group of persons or organization,

here or abroad, who attempt to or who are actually involved and/or engaged

in any form of Counter Revolutionary or subversive activities designed to

overthrow, destabilise or in any other way injure the People's Revolutionary

Government and People of Grenada, the People's Revolutionary Army, The Peo-

ple's Militia or the Grenada Police service.

Signed: ________________________

Witness: _______________________


People's Law No. 22 of 1979 (12 April 1979)

PEOPLE'S LAW NO. 22 OF 1979
PROCLAMATION
BY THE
PEOPLE'S REVOLUTIONARY GOVERNMENT

(Constitution of Grenada)

In the exercise of the powers vested in the People's Revolutionary Government and in the exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) It is hereby ORDERED and PROCLAIMED that for the purpose of People's Law No. 15 of 1979 the "prescribed day" is the 12th day of March, 1979.

Dated this 12th day of April, 1979.

MAURICE BISHOP
Prime Minister


People's Law No. 23 of 1979 (18 April 1979)

PEOPLE'S LAW NO. 23 OF 1979
PROCLAMATION
BY THE
PEOPLE'S REVOLUTIONARY GOVERNMENT

(Preventive Detention Tribunal)

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 Establishment of the People's Revolutionary Government) and People's Law No. 8 (Establishment of Preventive Tribunal) and in the exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) the People's Revolutionary Government is pleased to appoint and hereby appoints the following persons to be members of the Preventive Detention Tribunal:-

ADOLF BIERZYNSKI - Chairman
BRYCE WOODROFFE
ALICE McINTYRE

Dated this 18th day of April, 1979.

MAURICE BISHOP

Prime Minister


People's Law No. 24 of 1979

PEOPLE'S LAW NO. 24 OF 1979
PROCLAMATION
BY THE
PEOPLE'S REVOLUTIONARY GOVERNMENT

(Preventive Detention Tribunal Amendments)

In exercise of the powers vested in the People's Revolutionary Government and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and- PROCLAIMED as follows:

  1. This Law shall be read as one with People's Laws Nos. 8 and 21 as amended.

  2. Paragraph (b) of People's Law No. 8 (as amended) is hereby amended by deleting therefrom the words "his previous application" appearing at the end thereof and substituting therefor the following words "the Tribunal shall have informed the Detainee of the Minister's decision in accordance with paragraph 3 of Regulation 8 of People's Law No. 21 of 1979."

  3. Paragraph (I) of Regulation 2 of People's Law No. 21 is hereby amended by deleting therefrom the word "otherwise" appearing between the words "or" and "sabotaging."

  4. Paragraph (3) of Regulation 3 of People's Law No. 21 of 1979 is hereby repealed and the following paragraph substituted therefor :-

    "(3) Where a person is detained the following provisions shall apply-
    (a) A person detained by the People's


People's Law No. 25 of 1979

Appoints Caldwell Taylor as Secretary in the Department of Information and Culture in the Prime Minister's Ministry with Phyllis Coard as Deputy. Appoints Vincent Noel to be Secretary in the Department of Home Affairs in the Prime Minister's Ministry.


People's Law No. 26 of 1979

Appoints Mrs. Palme Buxo Secretary of Tourism to the Ministry of Agriculture, Tourism and Fisheries. Appoints Angela Bishop to be Deputy Secretary for Tourism in the Ministry of Agriculture, Tourism and Fisheries.


People's Law No. 27 of 1979


People's Law No. 28 of 1979


People's Law No. 29 of [May] 1979

TRADE UNIONS (RECOGNITION) ACT

AN ACT to provide for the compulsory recognition by employers of trade unions which represent a majority of workers.

[18th May, 1979].

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government ) and in exercise of the powers vested in in the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1. This Act may be cited as the

TRADE UNIONS (RECOGNITION) ACT, 1979

In this Act---

"bargaining agent" means a trade union that acts on behalf of workers;

"collective agreement" means an agreement in writing between an employer, or an employers' organization acting on behalf of an employer, on the one hand, and a bargaining agent of his workers, on behalf of the workers, on the other hand, containing terms or conditions of employment of workers including provisions with reference to rates of pay and hours of work;

"managerial employee" means any person employed by an employer---who has and actually exercises authority

(i) to hire workers and;

(ii) to terminate the employment of workers and;

(iii) to order that workers be suspended without pay;

"Minister" means the Minister responsible for labour;

"trade union" means a trade union registered under the Trade Unions and Trade Disputes Ordinance (Cap. 297);

"unit" means a group of workers and "appropriate for collective bargaining" with reference to a unit means that it is appropriate for such purposes whether or not the workers therein are employed by one or more employers;

"worker" means any person who has entered into or works under a contract with an employer to do any skilled, unskilled, manual, technical, clerical or other work for hire or reward, whether such contract be expressed or implied, oral or in writing and whether it is a contract of service or apprenticeship of a contract personally to execute any work or labour, but does not include any managerial employee.

3.---(1) A trade union claiming to have as members in good standing a majority of workers of an employer in a unit that is appropriate for collective bargaining shall, subject to the provisions of this Act, make application to the Minister to be certified as the bargaining agent of the workers in the unit.

(2) All existing Trade Unions which were recognised as bargaining agents immediately before the coming into force of this Act, shall, at the coming into operation of this Act, be deemed to be certified as bargaining agents for the workers in their respective unions, except a union that has been suspended by operation of law or for Administrative purposes by the People's Revolutionary Government.

(3) Where no collective agreement is in force and no bargaining agent has been certified under this Act for the unit, the application may be made at any time.

(4) Where no collective agreement is in force but a bargaining agent has been certified under this Act for the unit, the application may be made after the expiry of twelve months from the date of certification of the bargaining agent.

(5) Where a collective agreement is in force, the application may be made during the last two months of the term of the collective agreement.

4.---(1) A trade union making an application as provided for in subsection (1) of Section 3 of this Act shall make its application for such recognition in writing to the Minister specifying the unit in respect of which recognition is sought and a copy of the application shall be served on the employer.

(2) Upon receipt of the application for certification the Minister shall within seven days thereof institute a poll of the unit specified to determine whether the union making the application for recognition has as members in good standing a majority in the unit appropriate for collective bargaining.

(3) The poll referred to in the foregoing subsection shall be by secret ballot and conducted in the presence of representatives of all interested parties.

(4) Within three days after the poll has been conducted the Minister shall issue his certificate to the union gaining the requisite majority as the bargaining agent for that unit and inform the other interested parties accordingly.

5.---(1) Where a trade union or employer is dissatisfied with the determination of the Minister, the trade union or employer shall within fourteen days from the decision of the Minister give notice of appeal to the High Court setting out therein the grounds of his appeal.

(2) the High Court shall hear and determine the matter in a summary manner and in determining the matter shall have power to affirm or vary the determination of the Minister or to order a count or a new count or to make such other order as it may deem appropriate including an order as to costs.

(3) Notwithstanding the decision of the High Court any action taken or agreement made by or between the bargaining agent certified by the Minister and the employer shall be deemed to be valid up to and including the date of the Court's decision.

(4) Notwithstanding any law to the contrary, the High Court shall have no other jurisdiction in matters relating to the provisions of this Act except as herein provided.

(5) Any such order of the High Court shall be final.

6. An employer or any person acting on his behalf who fails or refuses to treat or enter into negotiations with a trade union which has been certified by the Minister under the provisions of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment not exceeding two years or to both.

7. Any employer or any person acting on his behalf or any trade union or any officer of a trade union who--

(a) makes the employment of any person subject to the condition that he shall refrain from becoming or shall cease to be a member of a trade union;

(b) refuses to employ or continue to employ any person or otherwise discriminates against any person in regard to employment or any term or condition of employment, because that person---

(i) is a member of a trade union; or

(ii) is an officer, representative or delegate of a trade union; or

(iii) has participated in union activities outside working hours, or, with the express or implied consent of the employer, during working hours; or

(iv) is entitled to the benefit or any decision under this Act; or

(v) has appeared as a witness or has given any evidence in any proceeding, action or matter brought against or concerning the employer;

(c) seeks by intimidation, threat of dismissal or any other kind of threat, to induce or compel any person to refrain--

(i) from becoming or to cease to be a member, officer, representative or delegate of a trade union; or

(ii) from participating in union activities outside working hours; or

(iii) from appearing as a witness or giving evidence in any proceeding, action or matter brought against or concerning the employer;

(d) interferes with the administration of a trade union or the representation of any worker or managerial employee by a trade union,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding three thousand dollars or to imprisonment not exceeding one year or to both.

8. the Trade Unions and Trade Disputes (Amendment) Act, 1968 is repealed.

Dated the 18th day of May, 1979.

MAURICE BISHOP
Prime Minister


According to Hughes in "Caribbean Monthly Bulletin:"

"The Minister then has three days to issue his certificate 'to the union gaining the required majority as the bargaining agent,' and all other interested parties must be informed.

This decision, however, is not final. If a trade union or an employer is dissatisfied with the Minister's decision, an appeal may be made to the High Court within 14 days. 'The High Court shall hear and determine the matter in a summary manner,' the law says, 'and in determining the matter shall have the power to affirm or vary the determination of the Minister, or to order a count or a new count or to make such other order as it may deem appropriate including an order as to costs.'

Except in making such an order, the High Court has no jurisdiction in matters relating to the provisions of People's Law No. 29, but the order of the High Court in this connection if final.

Penalties for infringement of the provisions of this Act are severe. Employees who refuse to negotiate with a trade union certified by the Minister are liable to a fine of EC$5,000 and/or to two years imprisonment. in cases such as dismissal or intimidation because an employee belongs to a trade union, the penalty is $3,000 and/or one year imprisonment."

According to Lindel Smith in an article in the "Bulletin of East Caribbean Affairs:"

"The critical provision was section 3 (1). It laid down that if a union claimed that a majority of workers in a bargaining unit wanted it as their bargaining agent, the Ministry of Labour was obliged to organize a poll. If positive, and subject to appeal, the decision of the poll was final as far as the employer was concerned."


People's Law No. 30 of 1979


People's Law No. 31 of 1979

Proclamation (to amend the income tax ordinance)


People's Law No. 32 of 1979

PROCLAMATION BY THE PEOPLE'S REVOLUTIONARY GOVERNMENT

A LAW to vest control of the People's Revolutionary Army in the Minister responsible for National security.

[28th May, 1979]

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

  1. This Law may be cited as the

GRENADA MILITARY FORCE (DISBANDMENT) LAW, 1979

  1. The Grenada Military Force (hereinafter referred to as "the Force") established under section 3 of the Grenada Military Force Act, 1976 (No. 10 of 1976) is disbanded as from the 13th March, 1979, and save as provided in section 3 of this Law, any liability of the Government to members of the Force is discharged from that date.

  1. The Minister of National Security may direct that a specified sum be paid as a gratuity to a former member of the Force in circumstances where the case is considered exceptional and warrants the payment of such a gratuity.

Dated the 25th day of May, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 33 of 1979

PROCLAMATION BY THE PEOPLE'S REVOLUTIONARY GOVERNMENT

A LAW to vest control of the People's Revolutionary Army in the Minister responsible for National security.

[28th May, 1979]

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

  1. This Law may be cited as the

GRENADA MILITARY FORCE (APPLICATION) LAW, 1979

  1. For the avoidance of doubt it is hereby declared that the Grenada Military Force Act, 1976, shall apply mutatis mutandis to the People's Revolutionary Army.

  1. In the application of the Grenada Military Force Act, 1976, to the People's Revolutionary Army, for the word "Governor-General" wherever it occurs there shall be substituted the words"Minister responsible for National Security".

Dated the 24th day of May, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 34 of 1979

PROCLAMATION BY THE PEOPLE'S REVOLUTIONARY GOVERNMENT

A LAW to authorise the Minister of Finance to borrow money on behalf of the People's Revolutionary Government of Grenada.

WHEREAS it is provided by section 6 of the Finance and Audit Ordinance, 1964 (No. 9 of 1964) that the Minister of Finance may from time to time by resolution be authorised to borrow, by means of advances from a bank, money to an amount not exceeding in the aggregate the sum specified in that behalf in the resolution, to meet current requirements:

Providing that such resolution shall not have effect for any period exceeding six months:

AND WHEREAS it is further provided by the said section that power to borrow money by means of advances from a bank may be exercised by means of a fluctuating overdraft:

AND WHEREAS the last resolution expired on the 8th March, 1979, and it is now expedient that the Minister of Finance be authorised to borrow by means of advance from any commercial banks operating in Grenada, money to an amount not exceeding in the aggregate the sum of Two Million Dollars ($2,000,000.00) to meet current requirements:

NOW THEREFORE in the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 of 1979 (Establishment of People's Revolutionary Government) and in the exercise of the [ends]


People's Law No. 35 of 1979

PROCLAMATION BY THE PRIME MINISTER

(Appointment of Ministers)

In the exercise of the powers vested to me as Prime Minister by People's Law No. 11:

a. I hereby appoint GELLINEAU JAMES, as Secretary for Agriculture to the Ministry of Agriculture, Tourism and Fisheries;

b. I hereby appoint CLAUDETTE PITT as Secretary for Social Affairs in the Ministry of Education, Youth and Social Affairs (Community Development, Co-operatives and Sport).

Dated the 31st day of May, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 36 of 1979

PROCLAMATION BY THE PRIME MINISTER

(Appointment of Ministers)

WHEREAS the Minister of Communications, Works and Labour SELWYN STRACHAN is currently out of the Country.

AND WHEREAS it is desirable and necessary to appoint someone to act as Minister of Communications, Works and Labour until such time as the Minister returns to the Country.

NOW THEREFORE in the exercise of the powers vested in me as Prime Minister by People's Law No. 11 of 1979;

I hereby appoint CALDWELL TAYLOR to act as Minister of Communications, Works and Labour until such time as the said Minister returns to the Country.

Dated the 31st day of May, 1979

MAURICE BISHOP
Prime Minister


People's Law No. 37 of 1979

Proclamation (to amend the Bank Holidays Act). Removal of Queen's birthday from holiday list

Amended by deleting the words 'The day officially observed as the birthday of the reigning Sovereign'


People's Law No. 38 of 1979

Proclamation (to commemorate deaths of Uriah Buzz Butler & Allister Strachan)

June 19th, "Butler and Strachan Day" to be public half-holiday


People's Law No. 39 of 1979

Proclamation (related to medical and dentists registration ordinance) RECOGNITION OF CUBAN MEDICAL DEGREE

"Any person who shows to the satisfaction of the Medical Board that:

  1. he holds a recognised medical degree or diploma granted in the Republic of Cuba
  2. he is of good character, and
  3. he is by law entitled to practise medicine, surgery and midwifery in the Republic of Cuba

shall be entitled to be registered ... "


People's Law No. 40 of 1979

AGRO-INDUSTRIES FINANCE BORROWING LAW

Proclamation (to borrow money for agriculture and tourism).

This law authorised the Minister of Finance to borrow a sum of money not exceeding $650,000 to promote finance and develop agro-industries.


People's Law No. 41 of 1979

BANANA ORDINANCE (AMENDMENT) LAW

People's Law No. 41. Proclamation (to amend the banana ordinance)

The law empowers the Management Committee of the Grenada Co-operative Banana Society to provide loans to meet part of the cost of establishing and developing approved agro-industries.


People's Law No. 42 of 1979

COCOA INDUSTRY (AMENDMENT) LAW

Proclamation (to amend the Cocoa industry ordinance)

Similar provisions to Law No. 41 in relation to the Cocoa Association.


People's Law No. 43 of 1979

NUTMEG INDUSTRY ORDINANCE (AMENDMENT) LAW

Proclamation (to amend the Nutmeg industry ordinance)

This act empowers the Grenada Co-operative Nutmeg Association to invest in establishing and developing approved agro-industries.


People's Law No. 44 of 1979

Proclamation (amendment of People's Law No. 13 1979)

Deletes "and Culture" and adds after Development "Culture, Women Affairs"


People's Law No. 45 of 1979

A LAW to provide for the granting of mercy to convicted persons.

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows: 1. This Law may be cited as the

GRANT OF PARDONS LAW, 1979

2. Subject to section 3 the Prime Minister may, when he thinks it fit and proper so to do and acting in accordance with the advice of the cabinet -

(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or

(d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.

3. Where a person has been sentenced to death for an offence the Prime Minister shall cause a written report of the case from the trial Judge (or if a report cannot be obtained from that Judge, a report on the case from the Chief Justice) together with each other information derived from the record of the case or elsewhere as he may require, to be taken into consideration by the Cabinet, and after obtaining the advice of the Cabinet he shall decide in his own deliberate judgement whether to exercise any of the powers under section 8 of this Law.

DATED the 18th day of June, 1979.

Maurice Bishop
Prime Minister


People's Law No. 46 of 1979

Proclamation (repeal and re-enactment law, 1979)

According to Alister Hughes' announcement of this law in the June-July 1979 Caribbean Monthly Bulletin:-

"People's Law No. 46 (dated June 18) repeals . . . four Acts . . . [the Newspaper (Amendment) Act 9/1975, the Public Order (Amendment) Act 15/1974, the National Honours and Awards Act 12/1975 and the Shop Hours (Amendment) Act 1/1974] together with two further amendments which affect Newspaper (Amendment) Act 9/1975.

These further amendments are Newspaper (Amendment No. 2) Act 14/1975 and Newspaper (Amendment) Act 7/1976.

People's Law No. 46 also repeals Essential Services Act 16/1978 and Essential Services (Amendment) Act 33/1978.

These two Acts repealed the Essential Services Act of 1976, increased the number of scheduled 'essential services,' and gave the Minister of Labour power to add or delete any service from the schedule."


People's Law No. 47 of 1979

IMPORTATION OF PUBLICATIONS (PROHIBITION) ORDER of 1965 is revoked.


People's Law No. 48 of 1979

Proclamation (to amend the criminal procedure)

Re: jury direction


People's Law No. 49 of 1979

Proclamation (support of Jeremiah Richardson family's son Renroy Modeste)


People's Law No. 50 of 1979

Proclamation (to provide a pension for Agnes Antoine)


People's Law No. 51 of 1979

Proclamation (related to the rights and liabilities of hotel proprietors)


People's Law No. 52 of 1979

Proclamation (related to Attorney General)


People's Law No. 53 of 1979

Proclamation (to amend the prison (Extra-Mural Sentences) Ordinance Law of 1980

Repeals "may with his own consent"


People's Law No. 54 of 1979

Proclamation (to amend the supplies control ordinance)

Price controls and increase in prices


People's Law No. 55 of 1979

Proclamation (to amend the supplies (control) regulations)

Price controls and increase in prices


People's Law No. 56 of 1979

Proclamation (to amend the supplies (control) regulations)

Price controls and increase in prices


People's Law No. 57 of 1979

Proclamation (relating to holder of an office)


People's Law No. 58 of 1979

Proclamation (relating to Caribbean agricultural Research and Development Institute (incorporation) Act, 1979


People's Law No. 59 of 1979

Proclamation (related to Richmond Hill prison)

"...premises at Richmond Hill ... is and has always been a prison ... "


People's Law No. 60 of 1979

Proclamation (to amend the exchange control (authorised dealers amendment) order, 1979


People's Law No. 61 of 1979

Restriction on the importation of motor vehicles

Import ban on cars with a rating of over 1600 cc's. Acting Prime Minister & Minister of Finance Bernard Coard spoke on Radio Free Grenada. 'This action," he said, 'is a result of increases demanded by the oil companies recently.' Mr. Coard explained that this was in order to reduce the amount of gas used by the gas 'guzzlers'. Sales of gasolene on Sundays is prohibited.


People's Law No. 62 of 1979

Trade Union and Trade Disputes Ordinance

Registers trade unions, property and their trustees


People's Law No. 63 of 1979

Proclamation (to amend the public health ordinance)


People's Law No. 64 of 1979

Proclamation (to amend the Oil in Navigable Waters Law)


People's Law No. 65 of 1979

FORESTRY DEVELOPMENT CORPORATION LAW

Proclamation (relating to forestry development)

This law established a corporation, the functions and duties of which involve the promotion of forestry, the development of afforestation and the production and supply of timber and other forest products.


People's Law No. 66 of 1979

A LAW to amend the Prison (Extra-Mural Sentences) Law, (Cap. 230).

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of Poplar Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1----This Law may be cited as the

PRISON (EXTRA-MURAL SENTENCES)(AMENDMENT) LAW, 1979

and shall be read as one with the Prison (Extra-Mural Sentences) Ordinance [Cap. 230 and People's Law No. 53 of 1979], as amended, hereinafter referred to as the principal Law.

2----Section 2 of the principal Law is amended in the following respects -

(a) by deleting the definition of "Court" and substituting the following definition -

"Court" means the Supreme Court of Grenada or a Magistrate's Court
as the case may be;

(b) by inserting the their appropriate alphabetical position the following definitions -

"Minister" means the Minister responsible for National Security and Home Affairs;

"public authority" includes Government Estates, Government Schools
and Institutions, Police Stations and the Public Works Department.

3-----Paragraph (c) of subsection (1) of section 3 of the principal Law is amended by substituting for the word "twenty-four" the words "two hundred and forty".

4----Section 4 of the principal Law is amended by deleting the words "Governor-in-Council"where they occur and substituting the word "Minister".

5----Until regulations are made by the Minister under section 4 of the principal Law the regulations in the Schedule to this Law shall have effect.

S C H E D U L E

Regulations

  1. An offender may be assigned to work at a public authority and given duties normally carried out by that authority.

  2. The public authority to whom the offender is assigned shall provide the offender with free food or if free food is not provided he shall be paid an allowance of $3.00 in lieu of the free food.

  3. If the offender is employed on an extra mural sentence for non-payment of debt a wage for a normal working day shall be paid. One-half of his wages shall be credited towards the payment of such debt by the Superintendent of Prisons.

  4. An offender employed on an extra mural sentence shall be entitled to the same remission of sentence as a prisoner committed to prison.

  5. An offender employed on an extra mural sentence shall at the time of commencing his employment inform the officer in charge of the Police Station in the district in which he resides of his place of residence, and shall also inform him of any change of residence.

  6. If the superintendent is satisfied that an offender is guilty of breach of the provisions of section 3(4) of the Prison (Extra-Mural Sentences) Ordinance, (Cap. 230) the Superintendent may by order in writing addressed to the Commissioner of Police direct that the offender be delivered to the prison at Richmond Hill and the Commissioner of Police shall act accordingly.

Dated this [blank] day of [blank] 1979.

Prime Minister,

OBJECTS AND REASONS

The objects of this Bill are -

  1. to amend the definition of Court, to insert a definition of "Minister" and "public authority". (a definition of public authority was necessary as section 3(1) refers to offenders working in public work under the control of a public authority);

  2. in section 3 (1)(c) the amount of fine ordered to be paid is increased from $24,00 to $240,00;

  3. The "Minister" is substituted for the Governor-in-Council;

  4. Regulations are made in the Schedule to make the Ordinance operative. The Regulations have been approved by the Superintendent of Prisons.


People's Law No. 67 of 1979

Proclamation (to control beaches & the removal of sand)


People's Law No. 68 of 1979

Proclamation (to authorise the increase of pensions to public officers)


People's Law No. 69 of 1979

MARKET BOARD (AMENDMENT) LAW

Proclamation (to amend the marketing board)

This law established the Marketing and National Importing Board with powers as set out by the Minister of Trade who may declare the Board to be sole importer of imports which may be specified pursuant to that law.


People's Law No. 70 of 1979

Proclamation (medical practitioners and dentists registration amendment)Act, 1979 - including veterinary surgeons


People's Law No. 71 of 1979

Proclamation (dangerous drugs)

Determining expertise of witnesses and testing of dangerous drugs


People's Law No. 72 of 1979

Proclamation (estate duty amendment)


People's Law No. 73 of 1979

Proclamation (insurance amendment), gazetted 28 September 1979 - an illegality for any Grenadian insurance company to make payment outside of Grenada re: a claim for damages and/or destruction of property in Grenada.


People's Law No. 74 of 1979

Proclamation (bank holidays amendment)


People's Law No. 75 of 1979

Proclamation (relating to Open Bible Standard Churches)

Legal review of use of names, acquisition of property, etc.


People's Law No. 76 of 1979

Proclamation (estate duty amendment n.2)


People's Law No. 77 of 1979

Proclamation (exchange control)


People's Law No. 78 of 1979

Proclamation (condominium amendment)


People's Law No. 79 of 1979

Proclamation (rules of the supreme court)


People's Law No. 80 of 1979

Proclamation (magistrates judgments (appeals)(amendment) law


People's Law No. 81 of 1979
(26 October 1979 - Maurice Bishop, Prime Minister)

NEWSPAPERS (AMENDMENT) LAW 1979

A LAW to amend the Newspapers Ordinance.

[Gazetted 26th October, 1979]

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows: -

1. This Law may be cited as the

NEWSPAPERS (AMENDMENT LAW 1979

and shall be read as one with the Newspapers Ordinance, hereinafter referred to as the principal Law.

2. After section 5 of the principal Law the following sections are inserted:

"5A. In this section and in sections 5B, 5C, 5D, 5E and 5F -

"prescribed day" means the 13th October, 1979;

"prescribed limit" means four percentum of the paid up capital of a company that is the proprietor, printer or publisher of a newspaper;

"related persons" means father, mother, child, brother or sister of a person and includes any company in which any of the foregoing persons either individually or collectively hold directly or indirectly in the aggregate shares amounting to fifth percent of the paid up capital.

5B. No person or unincorporated association or body of persons or related persons shall hold more shares than the prescribed limit.

5C.

(1) On the prescribed day all shares in excess of the prescribed limit held by any person shall be transferred to and vest in the Crown in the right of the Government of Grenada by virtue of this law free of all trusts and incumbrances.

(2) The Crown shall in respect of the shares which vest in it by virtue of the foregoing subsection be immediately entitled, to the exclusion of previous holders thereof, to all the rights, privileges and advantages, and all the liabilities and obligations arising from the holding of those shares, in all respects as if the shares had been duly transferred to the Crown in accordance with the enactments and rules of law (other than this Law) applicable thereto and everything necessary to make those rights, privileges, advantages, liabilities and obligations fully effective had been duly done.

(3) Any shares which vest in the Crown by virtue of
subsection (2) may be sold to the public or otherwise dealt with as the Governor-General in Council may direct.

5D. As from the prescribed day any issue of shares above the prescribed limit by a company that is the proprietor, printer or publisher of a newspaper is void.

5E. The Crown shall pay compensation for the shares vested in it by virtue of this Law of an amount equal to the market value of the shares on the prescribed day.

5F.

(1) Notwithstanding any law to the contrary no alien shall hold shares or debentures in any company that is the proprietor, printer or publisher of a newspaper.

(2) Any shares held by an alien on the prescribed day by virtue of a licence issued under the Aliens (Land-Holding Regulation) Ordinance shall be transferred to and vest in the Brown and the Crown shall be entitled to the exclusion of previous holders thereof, to all the rights, privileges and advantages, and all the liabilities and obligations arising from the holding of those shares, in all respects as if the shares had been duly transferred to the Crown in accordance with the enactments and rules of law (other than this law) applicable thereto and everything necessary to make those rights, privileges, advantages, liabilities and obligations fully effective had been duly done.

(3) The Crown shall pay compensation for the vesting of shares by virtue off this section and the provisions of section 5E of this Law shall apply".

Dated this 26th day of October, 1979

MAURICE BISHOP
Prime Minister

-------------------NOTE-----------------------------------

According to author Dujmovic:

" . . . on 26 October [1979] the PRG issued People's Law 81, which limited ownership by one Grenadian to no more than 4% of the capital of a newspaper. In other words, 25 partners were thus required to operate a newspaper.

People's Law No. 81 followed the closing of the Torchlight newspaper by the PRG on 13 October, 1979.


People's Law No. 82 of 1979

Proclamation (incorporation of Bahai spiritual assemblies)

Legal review of use of names, acquisition of property, etc.


People's Law No. 83 of 1979

Proclamation (Court of Appeal)

Lengthy outline of "Court of Appeal Law, 1979" setting out the powers, duties and constitution of the Court of Appeal; its practice, procedure and rules -- p.18 for example: "except in the case of a conviction involving a sentence of death, the time within which notice of an application for leave to appeal may be given, may be extended at any time by the Court of Appeal"

Section 31 provides for the assignment by the Court of legal counsel to applicants in apparently deserving cases.


People's Law No. 84 of 1979

Proclamation (privy council)

" ... appeals to Her Majesty in Council are abolished ... and all decisions of the Judicial Committee of the Privy Council ... shall have no binding legal force ... "


People's Law No. 85 of 1979

Proclamation (land surveyors)


People's Law No. 86 of 1979

Proclamation (prisons amendment)

Changes wording of Subsection 1 of section 53 of the Prisons Ordinance 1965; repealing words from "two hundred and forty " substituting the words "two thousand dollars or to imprisonment for a term not exceeding twelve months or to both"


People's Law No. 87 of 1979

Proclamation (preventive detention)

Amends People's Law No. 8 -- wording changes; decreases access to tribunal reviews from periods no earlier than 2 months to no earlier than 6 months


People's Law No. 88 of 1979

Proclamation (pesticides control)


People's Law No. 89 of 1979

Proclamation (finance borrowing authorization) limited to 2 million under authorisation of Minister of Finance


People's Law No. 90 of 1979

Proclamation (loan, low cost housing)


People's Law No. 91 of 1979

Proclamation (Pentecostal Assemblies)

Legal review of use of names, acquisition of property, etc.


People's Law No. 92 of 1979

Proclamation (Incorporated trustees of the Berean Mission)

Legal review of use of names, acquisition of property, etc.


People's Law No. 93 of 1979

Proclamation (diplomatic privileges and immunities law

Cites Vienna Convention having force of law in Grenada


People's Law No. 94 of 1979

Proclamation (customs amendment)


People's Law No. 95 of 1979
19 December 1979 - Maurice Bishop, Prime Minister.

PROCLAMATION - PROPERTY CONFISCATION (ERIC MATTHEW GAIRY) LAW 1979

A LAW to confiscate and vest in the Government the property of the former Prime Minister Eric Matthew Gairy.

[Signed 31 December, 1979; gazetted 4 January 1980]

WHEREAS the former Prime Minister Eric Matthew Gairy during the periods he was Chief Minister (1961 to 1962), Premier (226th August 1967 to 6th February, 1974) and Prime Minister (7th February, 1974 to 12th March, 1979) acquired considerable property, real and personal, in Grenada:

AND WHEREAS some of the real property were conveyed to him and the conveyance registered in the Deeds and Land Registry and in other cases no conveyance was executed:

AND WHEREAS the said Eric Matthew Gairy acquired shares in certain companies and with intent to deceive caused the shares to be registered in the name of others:

AND WHEREAS the People's Revolutionary Government after exhaustive investigations is satisfied that all the properties acquired by the said Eric Matthew Gairy during his tenure of office as Chief Minister, Premier and Prime Minister were acquired by means of corruption and the blatant abuse and misuse of the powers of his office:

AND WHEREAS the People's Revolutionary Government has ordered that all the property of the said Eric Matthew Gairy so acquired shall be confiscated and vested in the Government:

NOW THEREFORE in the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government ) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1. This Law may be cited as the

PROPERTY CONFISCATION (ERIC MATTHEW GAIRY) LAW, 1979

2. The real properties mentioned in Schedule I hereto, being properties of Eric Matthew Gairy, are confiscated and subject to existing mortgages and charges shall vest in the Government by virtue of this section and without further assurance.

3. The shares mentioned in the first column of Schedule 2 hereto, which are registered in the name of the nominee of Eric Matthew Gairy mentioned in the second column are forfeited and shall vest in the Government free of all trusts and encumbrances and the Government shall be immediately entitled to the exclusion of the previous holder thereof, to all the rights, privileges and advantages, and all the liabilities and obligations arising from the holding of those shares, in all respects as if the shares had been duly transferred to the Government in accordance with enactments and rules of law (other than this Law) applicable thereto and everything necessary to make those rights, privileges, advantages, liabilities and obligations fully effective had been duly done.

4. Where the Prime Minister is satisfied that any property not included in the Schedules to this Law is owned either by Eric Matthew Gairy or his nominee the Prime Minister may by order in the Gazette confiscate such property and the property named therein shall, from the date of the order, be deemed to be vested in the Government under the provisions of section 2 or section 3 of this Law, as the case may be.

-----------------
SCHEDULE 1
--------------------
Properties of Eric Matthew Gairy confiscated
(a) Tropical Inn Hotel and curtilage (sic)
(b) Rock Gardens and curtilage
(c) Evening Palace and curtilage
(d) Five acres of land at Point Salines together with the building thereon known as Point Salines Great House
(e) Portofino Building situate on the Carenage formerly owned by Floating Industries Limited
(f) One acre two roods (sic) of land at Calivigny (Conveyance 1013/1961)
(g) Four thousand six hundred and sixty-two square feet of land at Belmont (Conveyance 527/1969
(h) Six thousand one hundred and eighty-seven square feet of land at Belmont (Conveyance 233/1970
(i) Thirty-five acres 13 poles of land at Woodlands Estate, St. George's (Liber S8 P. 18)

SCHEDULE 2
-----------------------------------------------------------------------------------------------
First Column                                                                                        Second Column

                                                                                                  Nominee of Eric Matthew Gairy
------------------------------------------------------------------------------------------------
Shares in Cabrit Developments Limited                                             Peter Otley
------------------------------------------------------------------------------------------------

Dated this 19th day of December, 1979.

MAURICE BISHOP
Prime Minister


People's Law No. 96 of 1979
19 December 1979 - Maurice Bishop, Prime Minister.

Proclamation (John Derek Knight assets)

Concerns Gairy's minister without portfolio John Derek Knight. During the period from 26 August 1967 to 12 March 1979 and "during that period the said John Derek Knight practised in Grenada as Barrister-at-Law which was contrary to public policy and to the best interest of the State of Grenada." There followed a two-part schedule to this law.


People's Law No. 97 of 1979

Proclamation (pharmaceutical association and pharmacy)


People's Law No. 98 of 1979

Proclamation (relating to aliens)

Wording changes to Section 19 of the Aliens (Land Holding Regulation); raises fee for transfer of land, share or debenture


People's Law No. 99 of 1979

Proclamation (Grenada resorts corporations)


People's Law No. 100 of 1979

PROCLAMATION - APPROPRIATION LAW 1979

A LAW to legalise expenditure of certain sums of money appropriated from the General Revenue for the Service of the State for the period from the 1st January to 31st December, 1979.

[Gazetted 4th January, 1980]

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government ) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1. This Law may be cited as the

APPROPRIATION LAW, 1979

2. There shall be and there is hereby granted to Her Majesty the Queen, Her Heirs and Successors for and during the year commencing 1st January 1979 and ending 31st December 1979, both inclusive, the sum of sixty-four million six hundred and nine thousand and two hundred dollars to be applied and expended in the manner and for the purpose mentioned in the Schedule to this Law.

NOTE: The Schedule is not itemized here. In summary the largest Recurrent/Capital Expenditure Totals go to the following, starting with the greatest amount at $11,654,900 for the Ministry of Communications, Works and Labour to the smallest Recurrent/Capital Expenditure Total to Audit at $94,300. The top Recurrent/Capital Expenditure Totals are the aforesaid Ministry of Communications, Works and Labour; Ministry of Education, Social Affairs, Youth Development and Sport; Charges on Account of the Public Debt; Ministry of Health and Housing; Ministry of Finance, Trade Industry and Planning; Police; Ministry of Agriculture, Forestry, Fisheries and Tourism; Pensions and Gratuities; Prime Minister.The remaining Recurrent/Capital Expenditure Totals are under 1,000,000.


Appreciation for the listing of these revolutionary laws, and additional interpretation of some of the laws, goes to the detailed reporting of Alister Hughes in various issues of the "Caribbean Monthly Bulletin"; NOTEDLY to the Latin American Specialist Librarian Richard Phillips of Smathers Library of the University of Florida, Gainesville; the Special Collections Room of Smathers Library of the University of Florida, Gainesville; the U.S. National Archives II, to the Interlibrary Loan Specialists of the Pack Library of Asheville, North Carolina; the U.S. National Archives II, to the Grenada Government Information Service for linking some of its damaged bound versions of the People's Laws to the used book market; to Florida State University Law Library, Tallahassee, Florida, and to other writers on Grenada attributed in the text.

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