ARRANGEMENT OF SECTIONS
1 Short title
3 Approval of ratification of Agreement
4 Legal status of Corporation
5 Financial provisions
6 Certain provisions of Agreement to have force of law in Jamaica
7 Questions as to entitlement to privileges and immunities
8 Dissolution of former Corporation and transfer of assets and liabilities, etc
9 Power of Minister to make orders
10 Amendment of Schedule and matters thereon consequential
THE WEST INDIES SHIPPING CORPORATION ACT
[Date of Commencement: 31st December, 1976]
Act 18 of 1979.
This Act may be cited as the West Indies Shipping Corporation Act.
In this Act-
"Agreement" means the Agreement establishing a West Indies Shipping Corporation to which Jamaica is a party, the original of which is deposited with the Secretary-General and of which the text of the Articles is set out in the Schedule:
"Corporation" means the West Indies Shipping Corporation established by the Agreement:
"former Corporation" means the West Indies Shipping Corporation established by the West Indies Shipping Corporation Act, 1961 (now repealed) enacted by the Parliament of the former West Indies Federation and continued in force in Jamaica by the West Indies (Dissolution and Interim Commissioner) Order in Council, 1962, and the Jamaica (Constitution) Order in Council, 1962;
"Secretary-General" has the meaning assigned to it by paragraph 1 of Article 38 of the Agreement.
Ratification by the Government of the Agreement is hereby approved
The Corporation shall be a body corporate to which, subject to the provisions of the Agreement, the provisions of section 28 of the Interpretation Act shall apply.
(1) All payments required to be made by the Government to the Corporation in respect of the obligations of Jamaica under the Agreement are hereby charged on and shall be payable out of the Consolidated Fund.
(2) All sums received by the Government from the Corporation on account of the subscription of Jamaica to the capital stock of the Corporation shall be paid into the Consolidated Fund.
Subject as hereinafter provided, the provisions of Articles 30, 31, 33, 34, 35 and 36 of the Agreement (which relate to legal process, immunities, privileges and exemptions to be given effect in regard to, the Corporation) shall have the force of law in Jamaica.
If in any proceedings any question arises whether or not, in accordance with any of the provisions of Article 31, 33, 34 or 35 of the Agreement, the Corporation or any other person ought to be afforded the benefit of any privilege, immunity or exemption, a certificate issued by or under the authority of the Minister and stating that the Corporation or such other person ought or ought not to be afforded that benefit as aforesaid shall be conclusive of the matters so stated.
(1) The former Corporation is hereby dissolved.
(2) All land and other property of every kind whatsoever, including choses in action, vested in the former Corporation immediately before the entry into force of the Agreement pursuant to Article 44 thereof (in this section referred to as "the operative day") shall on that day, by virtue of this section and without further assurance, vest in the Corporation.
(3) All rights, privileges, immunities and other advantages and all liabilities and obligations in relation to the matters referred to in subsection (1), to which, immediately before the operative day, the former Corporation was entitled or subject, shall on that day be vested in and assumed by the Corporation.
(4) All legal proceedings, in relation to the matters referred to in subsection (1), instituted by or against the former Corporation and pending immediately before the operative day, may be continued on or after such day by or against the Corporation as the party to such proceedings.
The Minister may, by order, make such provisions as he may consider necessary or expedient for giving effect to any provisions of the Agreement.
(1) Where any amendment to the Agreement is ratified by the Government and the Secretary-General notifies the Government of the entry into force of such amendment pursuant to paragraph 3 of Article 37 of the Agreement, the Minister may, by order, amend the Schedule by including therein the amendment so ratified.
(2) Any order made under this section may contain such consequential, supplemental or ancillary provisions as appears to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment ratified as aforesaid and, without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement.
(3) Every order made under this section shall be subject to negative resolution of the House of Representatives.
(4) Where the Schedule is amended pursuant to this section, any reference in this Act or any other instrument to the Agreement shall, unless the context otherwise requires, be construed as a reference to the Agreement as so amended.
AGREEMENT ESTABLISHING A WEST INDIES SHIPPING CORPORATION
(Sections 2 and 10)
The Participating Governments:
Conscious of the need to maintain and improve the shipping service between and beyond the Member States of the Caribbean Community;
Mindful of the Resolution adopted by the Court Heads of Government Conference that the Commonwealth Caribbean Countries should endeavour to maintain and improve regional carriers to facilitate the movement of persons, goods and services within the Region;
HAVE AGREED AS FOLLOWS:
Establishment of Corporation
1. By this Agreement a West Indies Shipping Corporation (hereinafter referred to as "The Corporation") is established having the functions membership and powers hereinafter specified.
2. The Corporation shall be the successor to the West Indies Shipping Corporation established by the West Indies Shipping Corporation Act, 1961, enacted by the Parliament of the former West Indies Federation and continued in force by certain other enactments of the participating Governments or the United Kingdom (hereinafter referred to as the former Corporation).
1. The Corporation shall establish, operate and maintain an orderly, adequate, regular and efficient intra-regional merchant skipping service to and from participating States.
2. The Corporation may operate and maintain merchant shipping services to non-participating States within and outside the Caribbean Region.
1. Membership in the Corporation shall be open to-
(a) the Countries listed in the Annex to this Agreement;
(b) all new and Associate Members of the Caribbean Community.
2. The countries listed in the Annex, the Governments of which sign this Agreement in accordance with paragraph 1 of Article 42 and ratify the said Agreement in accordance with paragraph 2 of Article 43 shall become Members of the Corporation (hereinafter referred to as Member Countries).
3. Countries admitted as new or Associate Members to the Caribbean Community by the Conference may become Member Countries of the Corporation in accordance with Article 46 of this Agreement.
CAPITAL AND OTHER RESOURCES
1. The authorised capital of the Corporation shall be fifty million dollars in the currency of Trinidad and Tobago. The authorised capital shall be divided into shares of one hundred dollars each in the said currency, which shall be available for subscription only by Member Countries in accordance with the provisions of Article 6.
2. The authorised capital may be increased by the Standing Committee on the recommendation of the Board of Directors.
3. The admission of a new Member Country shall entail an increase in the subscribed capital corresponding to the capital brought in by the new Member Country.
Subscription of Shares
1. The Standing Committee shall determine-
(a) the amount of the issued share capital of the Corporation; and
(b) the number of shares to be subscribed for by each Member Country in the initial issue of share capital.
2. In the initial issue of share capital a number of shares equivalent in value to the interest of the Member Countries specified in paragraph 1 of the Annex in the assets of the former Corporation, which have been transferred to the Corporation, shall be issued to every such Member Country. The value of such interest shall be determined as at the date of the entry into force of this Agreement. Where a Member Country is in default of any financial obligations to the former Corporation, the Corporation shall have a lien on any shares issued by it to that Member Country in respect of the value of the interest of that Member Country in the assets of the former Corporation.
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