The Grenada Revolution Online

The People's Laws 1981


People's Law Number 1 of 1981

CORONERS (AMENDMENT) LAW


People's Law Number 2 of 1981

PUBLIC HALF-HOLIDAY (9TH FEBRUARY) LAW


People's Law Number 3 of 1981

CONSUMPTION DUTIES (AMENDMENT) LAW


People's Law Number 4 of 1981

BREWERY (AMENDMENT) LAW


People's Law Number 5 of 1981

BILLS OF SALE (AMENDMENT) LAW


People's Law Number 6 of 1981

STAMP (AMENDMENT) LAW


People's Law Number 7 of 1981

REGISTRATION OF BUSINESS NAMES (AMENDMENT) LAW


People's Law Number 8 of 1981

CRIMINAL PROCEDURE (AMENDMENT) LAW


People's Law Number 9 of 1981

MOTOR VEHICLE AND ROAD TRAFFIC (AMENDMENT) LAW


People's Law Number 10 of 1981

TAXES MANAGEMENT (AMENDMENT) LAW

In the first issue of the Grenadian Voice, vol. 1, no. 1 week ending June 13 1981, Barrister and former Acting Attorney General of the People's Revolutionary Government [PRG] wrote about this law in his YOU AND THE LAW column. The first three quarters of the column is printed in full; the remaining being opinion:

The Taxes management (Amendment) Law or People's Law No. 10 of 1981 was passed by Government on the 3rd of April, 1981, and comes into force from the 1st of August, 1981, but with retrospective effect to 1st January, 1981.

As its title says, it is an Amendment to the main Ordinance, Chapter 290 of The Laws of Grenada and the various other amending Acts over the years, the last one being No. 8 of 1978.

The Taxes Management Law deals mainly with Rates and Taxes on Land and houses which under the new Law are simply called "property".

There has been a lot of talk which in turn has generated unnecessary fear about this amending Law, and I feel that Government owes a duty to the public to explain such pieces of legislation when passed, either on Radio Free Grenada and/or The Free West Indian and not The Grenadian Voice. This I feel is necessary partly because the new Amendment increases taxation and is too technical for the layman to understand by merely reading it himself but mainly because it is in the Government's own interest that its Laws are understood by all and sundry, so that the wrong impressions and interpretations are not allowed, through ignorance, to become the accepted versions.

The impressions and interpretations making the rounds in this case are many and varied, but two deserve mention to demonstrate the point. One is that the new Law imposes a Tax on the Value of Property, so that, for example, if a property is worth $40,000.00 then a 10% rate will make the owner liable to tax of $4000.00 per year on that property.

This is ridiculous because as a result of this mis-interpretation a number of persons who wanted to buy houses or other property were afraid to do so for fear of this new tax.

This interpretation is quite wrong. The Law makes the tax or rates payable on the Rental Value of the property, and makes provision a varied number of ways for arriving at the rental value in an ascending scale, depending on whether the land is used for agriculture or bought by speculators for selling as building land when prices increase; or whether the house is of concrete or wood structure, and used as a residence by the owner or rented out as investment.

Another impression or interpretation making the rounds is that the tenant of a rented house must deduct the tax or rates from his rent and pay it into the Government Treasury, because if he doesn't he will be held responsible for such tax or rates and will not be given a tax clearance if and when he wishes to leave the island.

There is no such provision in the new law.

The payment of taxes or rates on property is the responsibility of the owners, unless of course, under a lease of property one of the conditions of the lease is that the lessee must pay the rates, and the law makes ample provision to deal with such owner or lessee if he doesn't pay the rates or taxes fixed by the Valuation Officer. The owner, or person responsible for paying such rates, has the right to object to the rate fixed by the Valuation Officer, and if still dissatisfied he can appeal to the District Magistrate where the property is situated and ultimately to the High Court of Appeal.

There is no doubt that the new amendment increases the tax or rates on property by the new method of arriving at the rental value of all property liable to rates. Perhaps it can be argued that this will in turn increase rents, but I would expect Government to follow-up this progressive piece of Legislation by new regulations for dealing with excessively high rents on the one hand, and quite unreasonably low rents of property which come under the Rent Restriction Ordinance, on the other hand.


People's Law Number 11 of 1981

PENSION (GOVERNOR-GENERAL) LAW


People's Law Number 12 of 1981

DECLARATION AND EFFECT OF LAWS (AMENDMENT) LAW


People's Law Number 13 of 1981

GRENADA ELECTRICITY SERVICES (SHARE TRANSFER) LAW

Institutes full government ownership of Grenada Electrical (GRENLEC)


People's Law Number 14 of 1981

FINANCES BORROWING AUTHORISATION LAW


People's Law Number 15 of 1981

MONEY LENDING ORDINANCE (AMENDMENT) LAW


People's Law Number 16 of 1981

LOAN (TRINIDAD AND TOBAGO OIL FACILITY) LAW


People's Law Number 17 of 1981

MARKETING BOARD (AMENDMENT) LAW


People's Law Number 18 of 1981
19th June 1981

NEWSPAPER (PUBLICATIONS) LAW

PROCLAMATION

Law to make certain temporary provisions concerning publications until the formulation of a National Media Code.

[Gazetted 19 June, 1981]

WHEREAS the People's Revolutionary Government has stated its intention to establish a Media Code governing the publication of newspapers and the operations of the media as a whole;

AND WHEREAS it is not in the national interest that any new publications should be permitted pending the formulation and publication of that Code;

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

NEWSPAPER (PUBLICATIONS) LAW [19 June] 1981

2.-In this Law:

"Newspaper" has the same meaning as in the Newspapers Ordinance Chapter 197. Hughes summed up that "this law banned publication of any 'newspapers or other paper, pamphlet or publication containing any public news, intelligence or report of any occurrence or any remarks or observations thereon or upon any political matter, published for sale, distribution or other purpose . . . '"


People's Law Number 19 of 1981

MONEY LENDING ORDINANCE (AMENDMENT) (REPEAT) LAW


People's Law Number 20 of 1981

LOAN (OPEC FUND) LAW


People's Law Number 21 of 1981

LAND DEVELOPMENT AND UTILIZATION LAW

A Law to ensure the development and utilization of Agricultural Land.

[Gazetted 14th August, 1981]

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

PART 1

Preliminary

1. - This Law may be cited as the

LAND DEVELOPMENT AND UTILIZATION LAW 1981

2. - (1) In this Law -

"agricultural land" means land -

(a) used for agriculture: or
(b) designated pursuant to section 3 as agricultural land;

"agricultural unit" means land -

(a) comprising or including one or more parcels of agricultural land (whether contiguous or not) of not less than the prescribed acreage in the aggregate; and
(b) having the same person as occupier within the meaning of this Law, which is either being farmed as a unit or as respects which the Commission directs that it should be so farmed in the interest of full and efficient production;

"agriculture" includes horticulture, fruit growing, seed growing, forestry, dairy, farming and live-stock breeding and keeping, the use of land as grazing land, pasture land, market gardens and nursery grounds;

"chairman" means the chairman of the Commission or any person for the time being performing the functions of the chairman;

"Commission" means the Land Development and Utilization Commission established under section 11;

"farm" means to carry on in relation to land any agricultural activity with a view to the proper development and utilization thereof;

"idle land" means land in respect of which an order under section 5 is in force;

"idle land order" means an order under section 5 declaring land to be idle for the purpose of this Law;

"Minister" means the Minister for the time being responsible for Agriculture;

Occupier", in relation to land, means the person having for the time being the right to farm the land;

"owner", in relation to land, means the person in whom for the time being is vested the legal estate in fee simple;

"prescribed acreage", means, subject to section 26, one hundred acres or more, save as may be prescribed in particular cases by the Minister if the national interest so requires;

"relevant circumstances", in relation to land, includes all circumstances affecting the farming.

(2) For the purposes of this Law, the Commission shall keep in such form as it may determine a register of owners of land and other persons who are trustees of, or interested under, settlements as mentioned in subsection (3) of section 8 being in any case persons who in the prescribed manner apply to be entered on the register.

(3) References to this Law to the use of land for agriculture include, in relation to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit.

3.-The Commission with the approval of the Minister may from time to time by order designate as agricultural land any land which, having regard to its situation, character and other relevant circumstances, the Commission considers ought to be brought into use for agriculture, so, however, that no order shall be made under this section in relation to land the use of which for some development purpose other than agriculture has been approved by the Government.

PART II

DEVELOPMENT AND UTILISATION OF LAND

4.-(1) For the purposes of this Law it shall be the responsibility of an occupier of an agricultural unit to farm the agricultural land in the unit to such extent as may be practicable having regard to the character and situation of the unit and other relevant circumstances.

(3) In determining whether the occupier of an agricultural unit is fulfilling his responsibility under this Law to farm the agricultural land in the unit regard shall be had to the extent to which and the manner in which -

(a) pasture is being maintained:

(b) arable land is being cropped;

(c) the unit is stocked where the system of farming practised requires the keeping of live-stock, so, however, that arable land which for two years or more has not been cropped or used for some other agricultural purposes approved by the Commission shall be conclusively presumed not to be farmed.

5.-(1) Where it appears that the occupier of an agricultural unit is not fulfilling his responsibility under this Law, to farm any agricultural land comprised in such unit, the Commission, if so satisfied after affording to the occupier an opportunity of making representations to the Commission whether in writing or on being heard by a person named by the Commission, may by order published in the Gazette declare such unit or any of the agricultural land therein to be idle land for the purpose of this Law.

(2 Subject to subsection (3) an order made under subsection (1) shall come into force at the expiration of thirty days from the date of publication thereof in the Gazette.

(3) An occupier may within twenty-one days (or such longer period as the Minister may allow) from the date of publication thereof in the Gazette and in the prescribed manner appeal to the Minister against any order made under subsection (1), and an order in respect of which an appeal is filed shall not come into force unless and until it is confirmed by the Minister on the hearing of the appeal.

(4) Where an idle land order--

(a) has not been confirmed by the Minister pursuant to subsection (3); or

(b) is in force and the Commission is satisfied that it is no longer necessary that the order should continue in force, the Commission shall revoke the order and such revocation shall be published in the Gazette.

(5) Forthwith after the making of an idle land order the Commission shall serve a copy of the order on the occupier, and forthwith after the revocation of such an order the Commission shall serve notice of the revocation to the occupier.

(6) Where the owner of Land is not also the occupier thereof and the Commission is aware of his interest in the land --

(a) an opportunity of making representation to the Commission shall be afforded under subsection (1) both to the owner and to the occupier;

(b) any service of a copy of an order or of a notice of the revocation of an order required by subsection (5) shall be effected both on the owner and on the occupier.

6.--(1) Subject to section 22 upon the coming into force of an idle land order the Commission shall cause to be served on the occupier of the agricultural Land to which the order relates a notice requiring him to prepare and to submit to the Commission within such time as may be specified in the notice, not being less than six weeks after the notice is served on him, a development plan in respect of the farming of such agricultural land.

(2) Where a development plan is submitted to the Commission pursuant to subsection (1), the Commission may approve the plan or may reject the plan and cause a notice to be served on the occupier indicating the reason for rejecting the plan and requiring the plan to be modified in the respects specified in the notice and, within such time as may be so specified, submitted to the Commission for approval.

(3) A development plan approved by the Commission may with the approval of the Commission be modified by the occupier of the land to which it relates.

7.-- Where an idle land order is in force in respect of any land any disposition or devolution of that land, whereby some other person becomes the occupier of that land shall not affect the continued operation of the order or of any notice issued pursuant to section 6, and accordingly the order shall continue in force and the notice shall have effect in respect of such new occupier subject to such modifications as may be agreed with the Commission.

8.--(1) Subject to the provisions of this section, where the occupier of idle land -

(a) fails to comply with a notice under subsection (1) of section 6; or

(b) fails to submit any revised plan required by the Commission or to comply with any notice issued by the Commission under subjection (2) of section 6; or

(c) fails to complete to the satisfaction of the Commissioner either--

(i) all the work required to be done under the development plan approved by the Commission in relation to such land, within the period specified in such development plan for the completion of such work; or

(ii) any part of the work required to be done under such development plan, within the period specified in such development plan for the completion of that part of the work.

the Commission may certify to the Minister accordingly and thereupon the Minister shall have power to acquire compulsorily a leasehold interest in the land or any part thereof under the provisions of this Law to the exclusion of any other tenancy, lease, license or other right to use or occupy the land.

(2) The Minister shall not exercise his power of compulsory leasing under subsection (1) until after affording to any such person as is specified in subsection (3) an opportunity of making representations to him, whether in writing or on being heard by a person appointed by him.

(3) The persons referred to in subsection (2) are, if the certificate relates to settled land, any person who after due inquiry is discovered to be a trustee of the settlement or who under the settlement has a vested interest in the land immediately following upon the interest of the person beneficially entitled to the land in possession or who, being an infant, is beneficially entitled to the land in possession.

(4) If it appears to the Minister that the land referred to in this section should be compulsorily leased under the provisions of this Law, he shall cause a declaration to that effect to be published in two ordinary issues of the Gazette describing the area and location of the land in question and naming the person or persons who to the knowledge of the Commission have an interest in it.

(5) Upon the second publication of the declaration in the Gazette as aforesaid the land shall be let to in the Crown in right of the Government of the State by virtue of this section and the Minister and any person duly authorised by him nay thereupon enter and take possession of the said land.

(6) The letting referred to in subsection (5) above shell be taken to extend to and include with the land all buildings, erections, fixtures, hedges, ditches, fences, ways, water, water-courses, liberties, privileges, easements, rights and advantages whatsoever appertaining or reported to appertain to the lands or part thereof or at the time of letting occupied or enjoyed with or reputed or known as part or parcel of or appurtenan5 to the lands of part thereof.

9.--(1) Where pursuant to section 8 the Minister acquires compulsorily a leasehold interest in land the lease shall be for such period not exceeding ten years as may be specified by the Minister or for any other period exceeding ten years as may be agreed by the person from whom the lease has been acquired.

(2) Where a leasehold interest in land is compulsorily acquired under subsection (1), the lease shall, contain such terms and conditions including the right to sublet the land or any part or parts of it as may be determined by the Minister and may with the agreement of the owner of the land be renewed from time to time, and, subject to subsection (5) in default of such agreement the Minister shall have power--

(a) to renew the lease for a further period not exceeding ten years; or

,p>(b) if he considers such renewal inexpedient to cause the land to be restored to the person entitled thereto; or

(3) Any lease compulsorily acquired by the Minister under the provisions of this Law shall have priority in law and equity over all other interests judgements mortgages charges or incumbrances affecting the land or any part thereof, as if it had been first registered under the provisions of the Deeds and Land Registry Ordinance.

10.--(1) The compensation payable in respect of land compulsorily leased under this law shall, in the absence of agreement, be determined by the Commission in accordance with the following principle --

(a) annual rental shall be payable for the land on the basis that each year's rent shall be the equivalent of one per centum of the unimproved value of the land as agricultural land at the time of commencement of the lease or any renewal thereof, as the case may be;

(b) it shall be a condition of the lease of the land--

(i) that all land tax, shall during the continuance of the lease, be paid by the Minister, and

(ii) that if there is in force an approved mortgage of the land, payments of interest in conformity with the terms of the approved mortgage, during the continuance of the lease, shall be made by the Minister, and payments of capital under the said mortgagor, unless otherwise agreed upon by the Minister and the owner of the land.

(2) Subject tot he provisions of subsection (4), for the purposes of this section --

(a) "approved mortgage" means a mortgage which the Commission is satisfied, after affording the parties thereto an opportunity of making representations to the Commission (whether in writing or on being heard by a person appointed by the Commission)--

(i) was not entered into contemplation of the application of this section; and

(ii) gave rise to proceeds which, in so far as they have been received from the mortgagee, are included in expenditure incurred for the purpose of the purchase, development or improvement of the land so mortgaged, so, however, that whenever a part only of the proceeds is so included, the mortgage shall be treated as an approved mortgage in relation only to that part;

(a) where this section applies to a part only of the land to which an approved mortgage relates, the Commission after affording the parties thereto like opportunity as mentioned in paragraph (a), may make such apportionment of the interest and capital to that part as the Commission deems meet.

PART III

LAND DEVELOPMENT AND UTILIZATION COMMISSION

11.--(1) There is hereby established a body to be called the Land Development and Utilization Commission which shall be a body corporate with perpetual succession and a common seal and with power to acquire, hold and dispose of property, to enter into contracts, to sue and be sued in its said name and to do all things necessary for the purposes of this Law. <2>(2) The provisions of the Schedule, shall have effect as tot he constitution, operations and expenses of the Commission and otherwise in relation thereto.

(3) The seal of the Commission shall be authenticated in the manner prescribed in the Schedule and shall be judicially and officially notices.

12.-- The Minister may, after consultation with the chairman, give to the Commission such directions of a general character as to the policy to be followed by the Commission in the performance it its functions as appear to the Minister to be necessary in the interest of the Island, and the Commission shall give effect thereto.

13.--It shall be the duty of the Commission --

(a) to ensure that occupiers of agricultural units fulfil their responsibilities under this Law to Farm the agricultural land in such units;

(b) to ensure that such agricultural land is, as far as possible, properly developed and utilized; and

(c) to perform such other functions as may be required by the Minister.

14.--For the purpose of performing its duties under this Law the Commission may require owners and occupiers to furnish such information pertaining to land owned by them or in their possession or control, as the Commission may require, and without prejudice to the generality of the foregoing, the Commission may require from owners or occupiers of land information as to--

(a) the area of land owned or occupied, as the case may be, and the boundaries thereof;

(b) the area of land in use, and the nature of use;

(c) the form of tenure under which the land is occupied;

(d) the number of tenants (if any) in occupation of the land;

any encumbrances relating to the land;

(f) the particulars of any registration number, volume, folio, or other information in relation to the land or persons having interest therein recorded in any official records concerning the land or title thereto.

15.--(1) Subject to subsection (2) any member of the Commission or any person authorized in writing by the Commission in that behalf may at any time in daylight --

(a) enter upon any land for the purpose of --

(i) inspecting the condition of the land or of any agricultural activity thereon;

(ii) ascertaining what crops are cultivated and the conditions under which such crops are so cultivated and the crops which are most suitable to be cultivated upon the land; or

(iii) ascertaining the expediency or otherwise of the doing upon the land of any agricultural activity;

(b) inspect the condition of such land or of any agricultural activity thereon; and

(c) take such angles, bearings or measurements of the land or samples of the soil upon the land as may be necessary for the purpose for which that person entered upon the land.

(2) A person shall not enter upon any land under the provisions of this section without the consent of the person in residence on the land or, if there is no such person, the occupier of the land --

(a) unless he has given to such person or to such occupier, as the case may be, not less than three days' notice of his intention to enter upon such land; or

(b) if the name or address of such person or of such occupier, as the case may be, is not known to and cannot reasonably be ascertained by him, unless a period of not less than three days has elapsed since he has posted on or near to the land a notice of his intention to enter upon the land.

PART IV

GENERAL PROVISIONS

16.--(1) Any notice or other document required or authorized by or under this Law to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his property address, or sent to him by post in a registered letter.

(2) Any such document required or authorized to be given to or served on an incorporated company or body shall be duly given or served if given to or served on the secretary or clerk of the company or body.

(3) For the purposes of this section the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

(4) Where any document is to be given to or served on a person as being the person having any interest in land, and it is not practicable, after reasonable inquiry to ascertain his name or address, the document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it), and delivering the document to some responsible person on the land or by affixing it or a copy of it to some conspicuous object on the land.

17.-- The Ministry may be regulation require that parties to any sale of agricultural land or to any grant, assignment or surrender of a tenancy of such land for an interest not less than that of a tenant for a year, shall within the prescribed period from the completion of the transaction furnish to the Minister, in such manner as may be prescribed, information as to the nature of the transaction, the names and addresses of the parties to the transaction and the situation and extent of the land thereby affected.

18.-- An owner or occupier of, or any other person having an interest in agricultural land of any size whatever shall not without the approval in writing of the Commission--

(a) sell, lease, let or otherwise charge or encumber of subdivide the land or any part thereof; or

(b) transfer or assign his interest therein or in any part thereof, whether or not for any consideration;

and any such sale, lease, letting, charge, encumbrance, sub-division, transfer or assignment shall not have effect unless and until it is approved by the Commission.

19.-- The Minister may make regulations prescribing anything which may be or is required to be prescribed under this Act and generally for the better carrying into effect of the provisions of this Act.

20.-- Any person who --

(a) assaults or obstructs a member, servant or agent of the Commission acting in the execution of his duty under this Act; or

(b) having been required by the Commission under section 17 to furnish any information, refuses without just cause or lawful excuse to furnish such information, or knowingly furnishes false information,

shall be guilty of an offence and liable on summary conviction before a Resident Magistrate to a fine not exceeding five hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months.

21.-- In relation to any lots resulting from a subdivision of agricultural land, being a sub-division or development sanctioned under any law after the first of January, 1981, anything provided by virtue of this Act which restricts by reference to a number of acres the application of any provisions of this Act shall apply as if the number of acres so referred to has been reduced to such extend as may be necessary to allow the application of such provisions to those lots.22.-- Notwithstanding anything to the contrary in section 6, or in subsection (1) of section 8 upon the coming into force of an idle land order made under Part II the Minister may, if he thinks fit, having regarding to the circumstances of the case, acquire compulsorily a leasehold interest in any land to which such order relates without having regard to the provisions of section 6 or of section 8(1). The provisions of subsections (2), (3), (4), (5), and (6) of section 8 shall apply mutatis mutandis to an acquisition by the Minister under this section.

23.-- The provisions of this Law shall have full force and effect notwithstanding the provisions of any other Law relating to land or interests therein.

SCHEDULE

(Section 11)

THE LAND DEVELOPMENT AND UTILIZATION COMMISSION

Appointment of members

1. The Commission shall consist of seven persons to be appointed by the Minister.

Temporary appointments

2. the Minister may appoint any person to act temporarily in the place of any member of the Commission in the case of the absence or inability to act of such member.

Chairman

3.--(1) The Minister shall appoint one of the members of the Commission to be the chairman thereof, and may in the case of the absence or inability to act of the chairman appoint any other member of the Commission to perform the functions of the chairman.

(2) In the case of the absence or inability to act, any meeting, of the chairman the remaining members of the Commission shall elect one of their number to preside at that meeting.

Tenure of office

4.--(1) The appointment of every member of the Commission shall be evidenced by an instrument in writing, and such instrument shall state that the period of office of the member which shall not exceed three years.

(2) Every member of the Commission shall be eligible for reappointment.

(3) Notwithstanding anything to the contrary the Minister may at any time revoke the appointment of the chairman or any other member of the commission.

Resignation

5.--(1) Any member of the Commission other than the chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Commission.

(2) The Chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect from the date of the receipt of such instrument by the Minister.

Publication of membership

6. The names of all members of the Commission as first constituted and every change in the membership thereof shall be published in the Gazette.

Authentication of seal and documents

7.--(1) The seal of the commission shall be authenticated by the signatures of chairman or one member of the commission authorized to act in that behalf and an officer of the commission authorized to act by the Commission.

(2) All documents, other than those require by law to be under seal, made by, and all decisions of, the Commission may be signified under the hand of the chairman or any member or officer of the Commission authorized to act in that behalf.

Procedure and meetings

8.--(1) The Commission shall meet at such times as many be necessary or expedient for the transaction of business and such meetings shall be held at such places and times and on such days as the Commission shall determine.

(2) The chairman may at any time call a special meeting of the Commission and shall call a special meeting to be held within seven days of a written request for that purpose addressed to him by any two members of the Commission.

(3) The Chairman or, in the case of the absence or inability to act of the chairman, the person elected in accordance with the provisions of sub-paragraph (12) of paragraph 3 shall preside at the meetings of the Commission, and when so presiding the chairman or the person elected as aforesaid, as the case may be, shall have an original and casting vote.

(4) The quorum of the Commission shall be three members of the Commission including the chairman or the person elected to preside as aforesaid.

(5) Subject tot he provisions of this Schedule the Commission may regulate its own proceedings.

(6) The validity of any proceedings of the Commission shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof.

Remuneration of members

9.There shall be paid for the chairman and other members of the Commission such remuneration, if any (whether in way of salaries or travelling or other allowances), as the Minister may determine.

Funds of the Commission

10. The funds of the Commission shall consist of such moneys as may from time to time be placed at its disposition for the purposes of this Law by Cabinet or such other moneys as may lawfully be paid to the Commission.

Power to appoint officers, agents and servants

11.--(1) The Commission may appoint and employ at such remunerations and on such terms and conditions as it thinks fir, such officers, agents and servants as it thinks necessary for the proper carrying out of its functions:

Provided that no appointment to a post carrying a salary in excess of the rate of six thousand dollars per annum shall be made without the prior approval of the Minister,

(2) The Public Service Commission may, subject to such conditions as it may impose, approve of the appointment of any public officer so appointed shall in relation to pension, gratuity or other allowance and to other rights as a public officer, be treated as continuing in the service of the Government.

Protection of members of Commission

12.--(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the commission in respect of any act done bona fide in pursuance or execution or intended execution of this Law.

(2) Where any member of the commission is exempt from liability by reason only of the provisions of this paragraph the Commission shall be liable to the extent that it would be if the said member was a servant or agent of the Commission.

Office of Chairman or member not a public officer

13. The office of chairman or member of the Commission shall not be a public office for the purposes of Grenada Law.

Accounts and audit and estimates

14.--(1) The Commission shall keep proper accounts and other records in relation to the business of the Commission and shall prepare annually a statement of accounts in a form satisfactory to the Minister and shall submit the same from time to time with vouchers to the Accountant General to be audited.

(2) The Commission shall, on or before the thirty-first day of September in each year, submit tot he Minister for his approval, its estimates of revenue and expenditure in respect of the financial year commending on the first of January next following.

Annual report

15.--(1) The Commission shall, as soon as practicable after the end of each financial year, cause to be made and transmit to the Minister, a report dealing generally with the activities of the Commission during that financial year, and continuing such information relating to the proceedings and policy of the Commission as can be made public without detriment to the interest of the Commission.

(2) The Minister shall cause a copy of the report together with the annual statement of accounts and the Accountant General's report thereon and on the accounts to be laid before Cabinet.

Power of Minister to require returns

16. The Commission shall furnish the Minister with such returns, accounts and other information as he may require with respect to the activities of the Commission, and shall afford to him facilities for verifying such information in such manner and at such times as he may reasonably require.

Dates this 14th day of August, 1981.

MAURICE BISHOP

Prime Minister


People's Law Number 22 of 1981

CARNIVAL LAW 1981

PROCLAMATION - A LAW to enable Carnival in 1981 to be celebrated in August 1981.

[Gazetted 14th August, 1981]

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. The Law may be cited as the

CARNIVAL LAW 1981

2. Notwithstanding the Carnival Regulation Ordinance, carnival in 1981 may be celebrated between the hours of five o'clock in the morning of Monday 17th August and twelve o'clock midnight on Tuesday 18th August 1981.

3. Subject to the foregoing section the Carnival Regulations Ordinance, as amended, and the Rules made thereunder shall apply to the carnival celebrations under this Law.

Dated this 12th day of August, 1981.

MAURICE BISHOP
Prime Minister


People's Law Number 23 of 1981

PREVENTIVE DETENTION REGULATIONS (AMENDMENT) LAW 1981 - A LAW to amend the Preventive Detention Regulations (People's Law No. 21 of 1979)

[Gazetted 14th August, 1981]

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

PREVENTIVE DETENTION REGULATIONS (AMENDMENT) LAW 1981,

and shall be read as one with People's Law No. 21 of 1979 as amended hereinafter referred to as 'The Principal Law'

2. Regulation 3 of The Principal Law is hereby amended by repealing sub-paragraph (2) and substituting the following sub paragraphs -

(2)(a) A person who, being in lawful custody under this law, escapes or attempts to escape from that custody, is guilty of an offence and is liable upon summary conviction to imprisonment for three years or/on conviction on indictment to imprisonment for five years;

(b) Any person who aids; abets or assists a person being in lawful custody or who harbours, assists or comforts any person who has escaped such custody is guilty of an offence and shall be liable as if he were a principal."

Dated this 14th day of August, 1981.

MAURICE BISHOP
Prime Minister


People's Law Number 24 of 1981

GRENADA RED CROSS SOCIETY LAW


People's Law Number 25 of 1981

PLANT PROTECTION (AMENDMENT) LAW


People's Law Number 26 of 1981

PETROLEUM (INCREASED PROFIT MARGIN) (AMENDMENT) LAW


People's Law Number 27 of 1981

CONSUMPTION DUTIES (AMENDMENT) LAW


People's Law Number 28 of 1981

TERRORISM (PREVENTION) (AMENDMENT) LAW - Repeal/replacement of part of People Law 52 of 1980.


People's Law Number 29 of 1981

PROCLAMATION BY THE PEOPLE'S REVOLUTIONARY GOVERNMENT

A LAW to amend the Preventive Detention Regulations

[Gazetted 11th September, 1981]

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

PREVENTIVE DETENTION REGULATIONS (AMENDMENT NO. 2) LAW 1981,

and shall be read as one with People's Law No. 21 of 1979 as amended hereinafter referred to as 'The Principal Law'

2. The Principal Law is amended by inserting after Section 9 the following sections-

(9A)

(1) Where the Minister is satisfied with respect to any person, that with a view to preventing him from acting in a manner likely to endanger the public safety or public order or otherwise to sabotage the People's Revolutionary Government, it is necessary so to do, the Minister may make an order (hereinafter called a "Restriction Order") in the form prescribed in the Schedule to this Law, or with such deviations as may be necessary for all or any of the following purposes -

(a) requiring him to report to the Officer in charge of the police station in the district in which he resides or the police station nearest to such district at such times as may be stated in the Order and to give his address to the Officer in charge;

(b) restricting his movements to any area in Grenada;

(c) prohibiting his movement to the house in which he normally resides or to any other place.

(2) A Restriction Order in relation to a detainee may only be made after the order directing his detention has been revoked.

(3) Every Restriction Order shall contain a concise statement of the grounds for the making of the order but no defect of any kind in such statement shall invalidate the Restriction Order.

(4) Every Restriction Order shall come into force upon the service of a copy thereof on the person to whom it relates by a policeman or a member of the PRA.

(5) A Restriction Order shall remain in force for the period stated therein unless sooner revoked by the Minister.

(9B) A person who contravenes any provision of a Restriction Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding $400.00 or to imprisonment for a term not exceeding one year or both, or on conviction on indictment to a fine not exceeding $1000 or to imprisonment for a term not exceeding 3 years or both;

(9C) A person against whom a Restriction Order is made may by application in writing request the Tribunal to review the grounds for making of the Restriction Order and the provisions of this Law governing reviews by the Tribunal shall apply mutatis mutandis.

3. The Principal Law is amended by adding after Section 12 (which was inserted by People's Law No. 52 of 1980) the following Schedule --

SCHEDULE
Restriction Order

Made by the Minister under Section 9A of the People's Detention Regulations Law (No. 21 of 1979) as amended by the Preventive Detention Regulations Amendment No. 2) Law 1981.

WHEREAS the Minister is satisfied that with a view to preventing the person hereinafter named from acting in a manner likely to endanger the public safety or public order or otherwise to sabotage the People's Revolutionary Government it is necessary to make a Restriction Order with respect to him.

The following are the grounds---

(Statement of concise grounds)

NOW THEREFORE I the undersigned Minister do order that you

__________________________________________of____________________________________________

(The Minister may delete and initial any part that does not apply)

(a) Shall report to the Officer in charge of the police station in the district where you reside or the police station nearest your district at the following times,

that is to say______________________________________

and inform him of your address and any change of address;

(b) be restricted in your movements to the following areas of Grenada, namely_____________________________________

(c) shall not enter the following areas of Grenada, namely________________________________________________________

(d) be restricted to the following premises, that is to say_______________________________________________________

This order shall remain in force until the [BLANK] day of [BLANK] 198[BLANK} unless sooner revoked by the Minister.

[MINISTER'S SIGNATURE]

Dated this 4th day of September, 1981.

MAURICE BISHOP
Prime Minister

People's Law Number 30 of 1981

APPROPRIATION (1980) LAW


People's Law Number 31 of 1981

APPROPRIATION LAW


People's Law Number 32 of 1981

NUTMEG INDUSTRY (AMENDMENT) LAW


People's Law Number 33 of 1981

>LAND DEVELOPMENT AND UTILIZATION (AMENDMENT) LAW


People's Law Number 34 of 1981

ELECTRICITY SUPPLY (AMENDMENT) LAW


People's Law Number 35 of 1981

PENSION (PRISON OFFICERS) (AMENDMENT) LAW


People's Law Number 36 of 1981

AGRICULTURAL CROPS (COMPENSATION) (AMENDMENT) LAW


People's Law Number 37 of 1981

COCOA PROJECT MANAGEMENT BOARD LAW

This law was enacted for the purpose of making legal provisions for the development of the Cocoa Industry.


People's Law Number 38 of 1981

NATIONAL HOUSING AUTHORITY OF GRENADA LAW

"In 1981 under the People's Revolutionary Government, People's Law no. 38 of 1981 established the National Housing Authority of Grenada with exclusive rights to the Authority to plan, develop and finance housing and land for residential and community purposes," from http://grenadahousing.com/main.htm


People's Law Number 39 of 1981

People's Law No. 39 of 1981 set the rule in code - it was an offense to grow marijuana or allow it to be smoked in premises. [early April 1981]

A LAW to make provision with respect to dangerous or otherwise harmful drugs and related matters and for purposes connected therewith

[Gazetted 30th October, 1981]

1.--

(1) This Law may be cited as the

MISUSE OF DRUGS LAW

(2) This Law shall come into operation on such day as the Minister may by order published in the Gazette appoint and different dates may be appointed under this subsection for different purposes.

2.--

(1) In this Law -

"The Advisory Council" means the Advisory Council established under this Law; "cannabis" (except in the expression 'cannabis resin') means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely--------

(a) mature stalk of any such plant,

(b) fibre produced from mature stalk of any such plant, and

(c) seed of any such plant;

"Cannabis resin" means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

"contravention" includes a failure to comply, and "contravene" has a corresponding meaning;

"controlled drug" has the meaning assigned to it by section 4 of this Law;

"dentist" means a person registered in the dentists' register under the Medical Practitioners and Dentists Registration Ordinance;

:doctor" means a person registered in the medical register under the Medical Practitioners and Dentists Registration Ordinance;

"Minister" means the Minister responsible for Health;

pharmacist" and "pharmacy" have the same meaning as in the Pharmaceutical Association and Pharmacy Law 1979'

"practitioner" means a doctor, dentist or veterinary surgeon;

"prepared opium" means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

"prescribed: means prescribed by regulations made by the Minister;

"produce", where the reference is to producing a controlled drug, means producing it by manufacture, cultivation or any other method and "production" has a corresponding meaning;

"supplying" includes distributing;

"veterinary surgeon" means a person registered in the Veterinary Surgeons' Register under The Medical Practitioners and Dentists Registration Ordinance.

(2) References in this Law to misusing a drug are references to misusing it by taking it; and the reference is a reference to the taking of it by a human being by way of any form of self-administration, whether or not involving assistance of another.

(3) For the purpose of this Law the things which a person has in his possession shall be taken to include any thing subject to his control which is in the custody of another.

3.--

(1) There shall be constituted in accordance with Schedule 1 to this Law an Advisory Council on the Misuses of Drugs (in this Law referred to as the "Advisory Council"), and the supplementary provisions contained in that Schedule shall have effect in relation to the Council.

(2) It shall be the duty of the Advisory Council to keep under review the situation in Grenada with respect to drugs which are being or appear to them likely to be misused and of which the misuse is having or appears to them capable of having harmful effects sufficient to constitute a social problem, and another to give to the Minister advice on measures (whether or not involving alteration of the Law) which in the opinion of the Council ought to be taken for preventing the misuse of such drugs or dealing with social problems connected with their misuse, and in particular on measures which in the opinion of the Council, ought to be taken---------

(a) for restricting the availability of such drugs or supervising the arrangements for the supply;

(b) for enabling persons affected by the misuse of such drugs to obtain proper advice, and for securing the provision of proper facilities and services for the treatment, rehabilitation and after-care of such persons;

(c) For promoting co-operation between various professional and community services which in the opinion of the Council have a part to play in dealing with social problems connected with the misuse of such drugs;

(d) for educating the public (and in particular the young) in the dangers of misusing such drugs, and for giving publicity to those dangers; and

(e) for promoting research into, or otherwise obtaining information about any matter which in the opinion of the Council is of relevance for the purpose of preventing the misuse of such drugs or dealing with any social problem connected with their misuse.

(3) It shall be the duty of the Advisory Council to consider any matter relating to drug dependency or the misuse of drugs which may be referred to them by the Minister and to advise the Minister thereon.


[continues (9 pages)]

[4 pages schedules/parts]

[For 5 pages, a 7-column schedule of (1) Section Creating Offence (2) General Nature of Offence (3) Mode of Prosecution (4) Punishment - Class A drug (5) Punishment - Class B drug (6) Punishment - Class C drug (7) General


4.--

(1) In this Law --

(a) The expression "controlled drug" means any substance or product for the time being in Part I, II or III of Schedule 2 to this Law; and

(b) The expressions "Class A drug", "Class B drug', and Class C drug: mean any of the substances and products for the time being specified respectively in Part I, Part II and Part III of that Schedule,

and the provisions of Part IV of that Schedule shall have effect with respect to the meanings of expressions used in that schedule.

(2) The Minister may after consultation with the Advisory Council, by order published in the Gazette make such amendments in Schedule 2 to this Law as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from any of Parts I to III of that Schedule.

(3) An order under this section may amend Part IV of Schedule 2 to this Law, and may do so whether or not it amends any other part of that Schedule.

5.--

(1) Subject to subsection (2) below---

(a) the importation of a controlled drug; and

(b) the exportation of a controlled drug, are hereby prohibited.

(2) Subsection (1) above does not apply---

(a) to the importation or exportation of a controlled drug which is for the time being excepted from paragraph (a) or paragraph (b) of subsection (1) above by regulation under section 9 of the Law; or (b) to the importation or exportation of a controlled drug under and in accordance with the terms of licence issued by the Minister and in compliance with any conditions attached thereto.

6.--

(1) Subject to any regulations under section 9 for the time being in force it shell not be lawful for a person---

(a) to produce a controlled drug; or

(b) to supply or offer to supply a controlled drug to another

(2) Subject to section 25 of this Law, it is an offence for a person----

(a) to produce a controlled drug in contravention of subsection (1) above; or

(b) to be concerned in the production of such a drug in contravention of that subsection by another

(3) Subject to section 25 of this Law, it is an offence for a person---

(a) to supply or offer to supply a controlled drug in contravention of subsection (1) above; or

(b) to be concerned in the supply of such a drug to another in contravention of that subsection; or

(c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.

7.--

(1) Subject to any regulations under section 9 of this Law for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession.

(2) Subject to section 25 of this Law and to subsection (4) below, it is an offence for a person to have a controlled drug in his possession in contravention of subsection (1) above.

(3) Subject to section 25 of this Law, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 6 (1) of the Law

(4) In any proceedings for an offence under subsection (2) above in which it is proved that the accused had a controlled drug in his possession, it shall be a defence for him to prove---

(a) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or

(b) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.

[transcription stops here - complicated, detailed charts, plus additional points of law]

Notes:

Class A Drugs - Cannabinol, except where contained in cannabis or cannabis resin - Cannabinol derivatives - Coca leaf - Cocaine

Class B Drugs - Cannabis and cannabis resin - codeine - Dexamphetamine.

For example: Section 8(2) Cultivation of Cannabis Plant sentence is 12 months or $2500 or both.
Another example: Section 7(2) Having possession of a controlled drug - Class B Cannabis - 6 months or $2500 or both.


People's Law Number 40 of 1981

PUBLIC HEALTH (AMENDMENT) LAW


People's Law Number 41 of 1981

ORGANIZATION OF EASTERN CARIBBEAN STATES LAW


People's Law Number 42 of 1981

FINANCE BORROWING AUTHORISATION LAW (NO. 2)


People's Law Number 43 of 1981

NATIONAL COMMERCIAL BANK OF GRENADA LIMITED (VESTING OF GRENVILLE UNDERTAKING) LAW


People's Law Number 44 of 1981

PENSIONS (INCREASE) LAW


People's Law Number 45 of 1981

WATER SUPPLY (AMENDMENT) LAW


People's Law Number 46 of 1981

IRAQI FUND LOAN LAW


People's Law Number 47 of 1981

CONSUMPTION DUTIES (AMENDMENT NO. 2) LAW


People's Law Number 48 of 1981

SUPPLIES (CONTROL) (PRICES) REGULATIONS (AMENDMENT NO. 3) LAW


People's Law Number 49 of 1981

STAMP (AMENDMENT NO. 2) LAW


People's Law Number 50 of 1981

REGISTRATION OF BIRTHS AND DEATHS (VALIDATION) LAW


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; 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.

The People's Laws

People's Laws of 1979

People's Laws of 1980

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People's Laws of 1983


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