469
PUBLIC
RECORD OFFICE
Reference :--
CO
C.O.
882 10
ALLY WITHOUT PERMISSION OF THE BE REPPUCED PHOTOGRAPHIC.-
COPYRIGHT PHOTOGRAPH -NOT TO
PUBLIC RECORD OFFICE, LONDON
Public Officers bound to act as Members.
Suspension of Nominated Members.
Provisional appointment of Nominated
Members.
Appointment to
temporary vacancies.
Qualifications of
XI. Any person holding a public office in the Island under the Crown may be required to serve as a Nominated Official Member of the Council, and if any such person having been appointed by His Majesty or by the Governor a Member shall decline to act in that capacity, he shall ipso facto vacate his office.
XII. (1) The Governor may, by an Instrument under the Public Seal of the Island, suspend any Nominated Member from the exercise of his functions as a Member of the Council
(2) Every such suspension shall be forthwith reported by the Governor to one of His Majesty's Principal Secretaries of State, and shall remain in force unless and until either it shall be removed by the Governor by an Instrument under the said Seal, or it shall be disallowed by His Majesty through one of His Principal Secretaries of State, and such disallowance shall be published in the Government Gazette.
XIII-1) In the event of any Nominated Member dying, resigning, being removed, or becoming permanently an ex-officio Member of the Council, the Governor may, by an Instrument under the Public Seal of the Colony, appoint provisionally another person in the place of the Member so dying, resigning, removed, or becoming permanently an ex-officio Member of the Council as aforesaid.
(2) Every such appointment may be disallowed or confirmed by His Majesty through one of His Principal Secretaries of State, and, until so disallowed or confirmed, may be revoked by the Governor by an Instrument under the said Seal.
(3) The Governor shall, without delay, report to His Majesty for His confirmation or disallowance, through one of His Principal Secretaries of State, every such provisional appointment.
(4) Every person so provisionally appointed shall be to all intents and purposes a Member of the Council until his appointment shall be disallowed or revoked, or superseded by the permanent appointment of a Nominated Member of the Council.
XIV. (1) Whenever any Nominated Member shall be sus- pended from the exercise of his functions as a Member of the Council, or if he shall be declared by the Governor by an Instrument in writing under the Public Seal of the Island to be incapable of exer- cising his functions as a Member of the Council, or be temporarily absent from the Island, or temporarily become an ex-officio Member of the Council, the Governor may, by an Instrument under the Public Seal of the Island, appoint in his place some fit person to be provisionally a Member of the Council.
(2) The Governor shall, without delay, report to His Majesty for His confirmation or disallowance, through one of His Principal Secretaries of State, every such provisional appointment.
(3) Every such provisional appointment may be disallowed by His Majesty through one of His Principal Secretaries of State, or may be revoked by the Governor by any such Instrument as aforesaid, (4) Every person so provisionally appointed shall be to all intents and purposes & Member of the Council until his appointment shall be disallowed, or revoked, or superseded by the permanent appoint- ment of a Nominated Member of the Council, or until the person in whose place he has been appointed shall be relieved from suspension, or declared by the Governor by an Instrument under the Public Seal of the Island to be capable of exercising the functions of a Member of the Council, or shall return to the Island, or shall cease to be an ex officio Member, as the case may be.
XV. (1) No person shall be capable of being elected a Member elected Members of Council, or, having been elected, shall sit or vote in the Council,
who-
of Council.
(1) is a holder of any public office under the Crown in the Island; or
5
(2) is under 25 years of age; or
(3) is not a British subject; or
(4) is unable to speak, read and write the English language; or
(5) is not qualified to be registered, and is not actually registered as a voter for some constituency; or
(6) is an uncertificated bankrupt or an undischarged insolvent; or
(7) has been dismissed from the Government service in consequence of an offence involving moral turpitude; or
(8) has been debarred from practising as medical practitioner by order of any competent authority; or a legal or (9) does not have or hold one of the following property qualifications, viz:--
(a) The possession or enjoyment of a clear annual income of not less than 1,500 rupees, such possession or enjoyment having subsisted during the whole of a period of 12 months immediately prior to the date of his nomination as a candidate for election;
(b) The ownership of immovable property either in his own right or in right of his wife (but not as lessee or usufructuary mortgagee), the value of which (after allowing for any mortgage debts thereon) is not less than 6,000 rupees;
(c) The occupation as owner or tenant, during the whole of a period of twelve months immediately prior to the date of his nomination as a candidate for election, of any house, warehouse, counting-house, shop or other building (in this section referred to as quali- fying property) of the annual value of not less than—
(i) 500 rupees if situated within the limits of any Municipal, Local Board, or Sanitary Board town, or of any Urban District Council; and
(ii) 400 rupees if situated elsewhere. (2)(a) The qualifying property need not be, throughout the year constituting the period of qualification, the same property, if the annual value is in no case less than 500 rupees or 400 rupees, as the case may be.
(b) The terms "house, warehouse, counting-house, shop or other building " include any part of a building when that part is separately occupied for the purpose of any trade, business or profession; and any such part may for the purpose of describing the qualification, be described as office, chambers, studio, or by any other like term applicable to the case.
(c) Where an occupier is entitled to the sole and exclusive use of any part of a building, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part.
XVI. Every person who, having been returned as an Elected Penalty for un- Member of the Council, but not having been at the time of his qualified person election qualified to be an Elected Member, shall sit or vote in the sitting or voting. Council, shall for every day on which he sits or votes, and every person who shall sit or vote in the Council after his seat has become vacant shall, for every day on which ho sits or votes after his seat has become vacant, be liable to a penalty of 500 rupees, to be recovered by action in the District Court having jurisdiction where such person who has been returned as an Elected Member as aforesaid resides by any person who shall sue for the same.
XVII-1) If any Elected Member of the Council shall die, or Seat of an
shall, by writing under his hand addressed to the Governor, resign Elected Member, his seat in the Council, or shall cease to possess a property qualifica- how vacant.