Chapter 18:03 - Caribbean Meteorological Organization

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/522-chapter-1803-caribbean-meteorological-organization/file

L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN METEOROLOGICAL ORGANISATION ACT
CHAPTER 18:03
Act
14 of 1974





1 – 24 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 18:03
CARIBBEAN METEOROLOGICAL ORGANISATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Financial provisions.
4. Certain provisions of the Agreement to have the force of law.
5. Certificate of Minister conclusive as to contents.
6. Amendment of the Schedule.
7. Regulations.
SCHEDULE—An Agreement for the establishment of the Caribbean
Meteorological Organisation.
__________________________
14 of 1974 An Act to provide for the implementation by Guyana of
the Agreement Establishing the Caribbean
Meteorological Organisation and for purposes
connected therewith.
[19th April, 1974]
Short title.
Interpretation.
Schedule.
1. This Act may be cited as the Caribbean
Meteorological Organisation Act.
2. (1) In this Act—
“Agreement” means the Agreement for the establishment of
the Caribbean Meteorological Organisation set out in the
Schedule;

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Financial
provisions.

Certain
provisions of
the Agreement
to have the
force of law.
Certificate of
Minister
conclusive as to
contents.

Amendment of
the Schedule.
“Organisation” means the Caribbean Meteorological
Organisation established by the Agreement;
“Minister” means the Minister responsible for hydro-
meteorology.
(2) The reference in Article 24 of the Agreement to
the effect that the Organisation shall possess full juridical
personality shall be construed as meaning that the
Organisation is a body corporate.
3. All sums required to be paid by the Government
for the purpose of meeting the obligations of Guyana under
the Agreement are charged on the Consolidated Fund.
4. Articles 24 and 33 of the Agreement shall have the
force of law in Guyana.
5. If in any proceedings a question arises as to the
entitlement of the Organisation or any other person to any
immunities or privileges under the Agreement, a certificate
issued by or under the authority of the Minister to the effect
that the organisation or other person is or is not entitled shall
be conclusive evidence of the fact.
6. (1) Where Guyana becomes a party to any
agreement to amend the Agreement the Minister may, by
order, amend the Schedule by including therein the
amendment.
(2) An order made under subsection (1) may
contain such consequential, supplemental or ancillary
provisions (including provisions amending this Act) as
appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment of the
agreement as mentioned aforesaid.
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Schedule.

Regulations.
(3) Where the Agreement in 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.
(4) Every order made under this section shall be
subject to negative resolution of the National Assembly.
7. The Minister may make regulations which he
considers necessary for giving effect to the provisions of this
Act.
SCHEDULE
AN AGREEMENT
FOR THE ESTABLISHMENT OF
THE CARIBBEAN METEOROLOGICAL ORGANISATION
THE GOVERNMENTS OF THE CONTRACTING STATES:
RECOGNISING the need for the establishment of an
efficient meteorological service in the Region;
CONSCIOUS of the fact that such a service can contribute to
the economic development of the Region;
MINDFUL that the Common Services Conference convened
in Trinidad and Tobago in July, 1962 decided that the
proposed arrangement in respect of the future of
meteorological services in the Region should be embodied in
a formal agreement;
NOTING that in pursuance of the foregoing a formal
agreement was entered into by the parties and is now in force;
DESIRING that regional co-operation in matters of
meteorological and allied sciences should be continued and
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expanded.
HAVE AGREED AS FOLLOWS—
ARTICLE 1
ESTABLISHMENT OF THE CARIBBEAN
METEOROLOGICAL ORGANISATION
The Caribbean Meteorological Organisation (hereinafter
referred to as “the Organisation”) is hereby established, with
the membership, powers and functions hereinafter stipulated.
ARTICLE 2
MEMBERSHIP
Membership of the Organisation shall be open to—
(a) (i) Antigua
(ii) Bahamas
(iii) Barbados
(iv) Belize
(v) British Virgin Islands
(vi) Cayman Islands
(vii) Dominica
(viii) Grenada
(ix) Guyana
(x) Jamaica
(xi) Montserrat
(xii) St. Kitts-Nevis-Anguilla
(xiii) St. Lucia
(xiv) St. Vincent
(xv) Trinidad and Tobago
(xvi) Turks and Caicos Islands;
(b) any other State of the Region able and
willing to exercise the rights and
assume the obligations of
membership and which is admitted
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as a member in accordance with
Article 29.
ARTICLE 3
OBJECTIVES
The Organisation shall have as its objectives the promotion
and co-ordination of regional activities in the fields of
meteorology and allied sciences.
ARTICLE 4
FUNCTIONS
For the purpose of attaining the objectives set out in Article 3
the functions of the Organisation shall include—
(a) meteorological services to civil
aviation;

(b) co-operation with other services to
provide an efficient hurricane
warning system;
(c) provision of meteorological
information and advice to Member
States;
(d) collection and analysis of all relevant
meteorological data available and
publication of results;
(e) co-operation with meteorological
services;
(f) participation in the work of the
appropriate international
organisations particularly the World
Meteorological Organisation and the
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International Civil Aviation
Organisation;
(g) the execution of basic scientific
observations in keeping with its
objectives;
(h) participation in work in applied
meteorology, agricultural
meteorology, and hydrology and
associated research of direct interest
to the Region;
(i) co-operation with all relevant
scientific institutions.
ARTICLE 5
GENERAL UNDERTAKING AS TO IMPLEMENTATION
Member States shall take all appropriate measures to ensure
the carrying out of obligations arising under this Agreement.
ARTICLE 6
THE ORGANS
The organs of the Organisation shall include—
(a) the Caribbean Meteorological Council
(hereinafter referred to as “the
Council”);
(b) The Caribbean Meteorological
Institute (hereinafter referred to as
“the Institute”);
(c) the Caribbean Meteorological
Foundation (hereinafter referred to as
“the Foundation”);
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(d) the Headquarters Unit.
ARTICLE 7
ESTABLISHMENT AND MEMBERSHIP O F THE
COUNCIL
1. The Council is hereby established as the supreme
organ of the Organisation.
2. Each Member State shall be entitled to be
represented on the Council by one person designated by such
State.
3. Each Member State may, as appropriate, designate
an alternate to represent the State at any meeting of the
Council.
ARTICLE 8
PROCEDURE
1. The Council shall meet at least once in each
calendar year and at such other times as it may consider
necessary or on a request submitted to the Secretariat of the
Organisation by not less than one- third of the Member States.
2. The Chairman of the Council shall be elected by the
Council at the beginning of each meeting from among the
Council members.
3. Where the representative of a Member State is
elected Chairman, that Member State shall be entitled to
appoint another representative in his place.
4. The Chairman shall not have a vote, but
where no representative has been appointed in accordance
with paragraph (3) of this Article, the Chairman may in his
capacity as a representative exercise his vote. If on any
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question to be decided by the Council the votes are equally
divided, then the motion shall be considered to be lost.
5. A quorum of the Council shall consist of not less
than three- fifths of the members.
6. Where at any meeting of the Council a difference of
opinion exists on any matter arising for decision, the decision
of the majority of the representatives present shall be the
decision of the Council:
Provided that such a majority decision shall not commit any
Member State to expenditure except with the agreement of
such State:
Provided also that such a majority decision shall not preclude
any number of Member States from agreeing to execute and
thereupon executing any project in meteorology and allied
sciences:
Provided also that such a majority decision shall not be put
into effect without approval of a majority of the
representatives of all Member States.
7. Subject to the foregoing provisions of this
Agreement, the Council shall regulate its own procedure.
ARTICLE 9
FUNCTIONS AND POWERS
1. The Council may issue directions of a general or
special character as to the policy to be pursued by the
Organisation and any organs, institutions or bodies of the
Organisation, and effect shall be given to any such directions.
2. The Council shall be the final authority for the
conclusion of agreements on behalf of the Organisation and
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for entering into relationships between the Organisation and
other Organisations and States. The Council may however
delegate this authority in any particular case.
3. Subject to the provisos to Article 8(6) the Council
shall take decisions for the purpose of maintaining the
financial arrangements necessary for meeting the expenses of
the Organisation and shall be the final authority on questions
arising in relation to the financial affairs of the Organisation.
4. The Council may determine the operation of
regional programmes in meteorology and allied sciences to
achieve the objectives of the Organisation.
5. The Council may at the request of any Member
State make provision for the representation of that State by
the Organisation on any constituent body of the World
Meteorological Organisation.
6. The Council may generally do all such acts and
things as may be requisite in order to fulfil the objectives of
the Organisation, and may in particular—
(a) appoint officers and staff to the
Organisation upon such terms and
conditions as the Council may decide;
(b) establish and designate such
institutions, bodies and committees
as it sees fit for achieving the
purposes of carrying out the
objectives of the Organisation.
7. The Council may delegate to any of its
representatives or to any organ of the Organisation or to any
officer or member of staff of the Organisation, or to any other
person or body, such of its powers and functions as it may
decide from time to time, under the terms and within the
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limits laid down by the Council.
ARTICLE 10
THE HEADQUARTERS UNIT
1. The Commonwealth Caribbean Regional Secretariat
shall be recognised as the Secretariat of the Organisation. The
principal office of the Secretariat in relation to this
Agreement shall be the Headquarters Unit which shall be
situated in Trinidad and Tobago unless the Council otherwise
determines.
2. The Headquarters Unit shall enjoy functional
autonomy and shall comprise a Co-ordinating Director and
such other staff as may be determined by the Council.
3. The Co-ordinating Director shall be the principal
administrative and technical officer of the Headquarters Unit.
ARTICLE 11
FUNCTIONS
The functions of the Headquarters Unit shall include—
(a) undertaking and carrying out of the
decisions of the Council;
(b) advising and assisting Member States,
in particular, those States without
national meteorological services;
(c) formulating and co-ordinating
applications and requests for
technical assistance from non-
Member States and international
agencies for regional projects;
(d) representing those Member States
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which so desire at sessions of the
Congress of the World Meteorological
Organisation as determined by
Council;
(e) attending meetings, if appropriate, of
the International Civil Aviation
Organisation (lCAO), especially the
Regional Air Navigation Meetings;
(f) collecting and disbursing funds for
the operation of Regional
programmes in meteorology and
allied sciences as determined by the
Council;
(g) initiating projects, studies and other
programmes of a regional nature in
the field of meteorology and allied
sciences;
(h) attending to such other matters
relating to the fields of meteorology
and allied sciences as may be referred
to it by the Council
ARTICLE 12
THE INSTITUTE
The Institute established in Barbados as part of a project in co-
operation with the United Nations Development Programme
in the Plan of Operation entitled Improvement of the
Caribbean Meteorological Services is hereby continued as if
established under this Agreement and shall be maintained
and controlled by the Organisation and shall be subject to any
policy directions of a general or special character which may
be issued by the Council.

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ARTICLE 13
FUNCTIONS
1. The Institute shall provide training and conduct
research in meteorology and allied sciences.
2. The Institute shall provide facilities to Member
States for the repair and maintenance of meteorological
equipment. It shall undertake the processing and
dissemination of climatological data and shall provide advice
to Member States on request.
3. The Institute shall, when appropriate, co-operate
with national, regional or international organisations or other
bodies concerned with the development of meteorology and
allied sciences.
4. The Institute shall also deal with such other matters
relating to meteorology and allied sciences as may be referred
to it by the Council.
ARTICLE 14
BOARD OF GOVERNORS
1. There shall be in relation to the Institute a Board of
Governors (hereinafter referred to as “the Board”) which,
subject to the provisions of this Agreement, shall be
responsible for the general policy and conduct of the affairs
of the Institute.
2. The Board shall comprise—
(a) not less than seven members who
shall be appointed by the Council;
(b) the Co-ordinating Director and the
Principal of the Institute as ex officio
members.
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3. In appointing members of the Board the Council
shall have due regard to the principle of equitable
geographical distribution and the necessity of having a
quorum of members available at short notice.
4. The Council shall appoint an alternate with full
power to act for a member when he is not present. Such
alternate shall, where appropriate, be appointed from the
same State or group of States as that of which the member is a
representative.
5. Members shall be appointed for a term of three
years unless sooner removed from office by the Council and
shall be eligible for re- appointment.
6. No personal liability shall attach to any member of
the Board in respect of anything done or suffered in good
faith in the course of his duties and any sums of money,
damage or costs which may be recovered against or be
payable by such member in respect of any act or thing done in
good faith for the purpose of performing his functions under
this Agreement shall be paid out of the funds of the
Organisation.
7. The Council shall pay to each member of the Board
such remuneration, if any, as may be determined by the
Council.
8. A member of the Board who is in any way, whether
directly or indirectly, interested in a contract made or
proposed to be made by the Institute shall immediately
disclose his interest to the Board and shall not take part in any
deliberations or decision of the Board with respect to that
contract.

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ARTICLE 15
PROCEDURE
1. Four Members (not including ex officio members)
shall constitute a quorum for any meeting of the Board.
2. The ex officio members of the Board shall have no
right to vote.
3. Subject to the foregoing provisions the Board shall
regulate its own procedure.
ARTICLE 16
POWERS
The powers of the Board shall include—
(a) appointing such staff (other than the
Principal of the Institute) and other
persons as may be necessary for the
adequate performance of the
functions of the Institute;
(b) delegating to the Principal of the
Institute any of their powers specified
in this Article in relation to the
Institute;
(c) co-opting any person to assist in the
work of the Board so, however that no
such person shall be, or be deemed to
be, a member of the Board;
(d) operating bank accounts.

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ARTICLE I7
THE PRINCIPAL
1. The Principal of the Institute (hereinafter referred
to as “the Principal”) shall be appointed by the Council upon
such terms and conditions as the Council sees fit.
2. The Principal shall be responsible for carrying out
the functions of the Institute and shall do so in accordance
with directions of the Board.
ARTICLE 18
ADVISERS
1. The Board may invite such persons as it
considers fit to constitute a panel of advisers to the Institute.
2. The composition of the panel may be varied by the
Board from time to time.
ARTICLE 19
THE FOUNDATION
The Foundation shall be established with the membership,
powers and functions hereinafter set out.
ARTICLE 20
MEMBERSHIP AND MANAGEMENT
1. Membership of the Foundation shall be limited to
persons nominated by the Council.
2. The Management of the Foundation shall be vested
in a Board of Management which shall consist of persons
appointed by the Council, due regard being had to the
principle of equitable geographical distribution.

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ARTICLE 21
PURPOSE AND FUNCTIONS
1. The purpose of the Foundation is to raise funds
for the promotion through the Institute of the study and
research of meteorology and allied sciences.
2. The Foundation shall perform such other functions
and have such powers as the Council may entrust to it.
ARTICLE 22
THE FINANCIAL ARRANGEMENTS OF THE
ORGANISATION
1. The Council shall consider and approve
budgets of the Organisation (including budgets for the
Institute, the Foundation and the Headquarters Unit) and
shall determine the procedure for establishing annual
budgets.
2. The expenses of the Organisation shall be borne by
Member States as apportioned by the Council.
ARTICLE 23
SETTLEMENT OF DISPUTES
1. If any dispute shall arise between the Organisation
and any Member State or between one such Member State
and another touching or concerning any Article, matter or
thing whatsoever herein contained, or the operation or
construction thereof, or any matter or thing in any way
connected with this Agreement or the rights, duties,
obligations or liabilities of either party under or in connection
with this Agreement, the same may be reported to the
Secretary-General by any of the parties thereto and the
Secretary-General shall promptly notify the other party of
the receipt of the report and shall copy such notification
to the party making the report.
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2. The parties may refer the dispute within forty-five
days from the date of such notification to an Arbitrator
appointed by them from the list of Arbitrators drawn up and
maintained by the Secretary- General. Where the parties to
the dispute fail to appoint such an Arbitrator within the
prescribed period the Secretary-General shall notify the
parties of the expiration of the prescribed period and within
thirty days following the expiration of that period appoint an
Arbitrator from the same list.
3. The Secretary-General shall provide the Arbitrator
with such assistance and facilities as he may require.
ARTICLE 24
LEGAL CAPACITY
1. The Organisation shall possess full juridical
personality.
2. The Organisation shall enjoy in each Member State
such legal status and legal capacity as may be necessary for
the fulfilment of the objectives and the exercise of the
functions of the Organisation.
3. The Organisation shall enjoy in each Member
State, such privileges and immunities as may be necessary for
the fulfilment of the objectives and the exercise of the
functions of the Organisation.
ARTICLE 25
SIGNATURE
This Agreement shall be open for signature by any of the
States listed in Article 2(a) of this Agreement.

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ARTICLE 26
RATIFICATION
This Agreement and any amendment thereto shall be subject
to ratification by the signatory States in accordance with their
respective constitutional procedures. Instruments of
ratification shall be deposited with the Secretariat which
shall transmit certified copies to each Member State.
ARTICLE 27
ENTRY INTO FORCE
This Agreement shall enter into force on the 31st day of
December, 1973 if instruments of ratification of eight States
including Barbados, Guyana, Jamaica and Trinidad and
Tobago have been deposited in accordance with Article 26
and if not, on such later date as the eighth instrument of
ratification including those of Barbados, Guyana, Jamaica and
Trinidad and Tobago, has been deposited. The Secretary-
General shall notify Member States of the entry into force of
this Agreement.
ARTICLE 28
REGISTRATION
This Agreement and any amendment thereto shall be
registered with the Secretariat of the United Nations.
ARTICLE 29
ACCESSION
1. Any State of the Region may apply to the Council
to become a member of the Organisation and may if the
Council so decides be admitted to membership in accordance
with Article 2(b).

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2. Admission to membership shall be upon such
terms and conditions as the Council may decide and shall
take effect from the date on which an appropriate Instrument
of Accession is deposited with the Secretariat.
ARTICLE 30
AMENDMENT
An amendment to the provision of this Agreement shall
be submitted to Member States for ratification if it is
approved by a decision of the Council and it shall have effect
provided it is ratified by all Member States. Instruments of
ratification shall be deposited with the Secretariat which shall
notify all Member States.
ARTICLE 31
WITHDRAWAL
1. Any Member State may withdraw from this
Agreement by giving twelve months notice in writing to the
Secretariat which shall forthwith notify other Member States.
2. A Member State so withdrawing undertakes to
honour any financial obligations duly assumed during its
membership of the Organisation.
ARTICLE 32
SAVING
Nothing contained in this Agreement shall preclude any
Member State from deciding on the facilities in meteorology
and allied sciences which it requires from time to time in its
territory but any such State shall meet or make its own
provisions for meeting all costs and expenses whatsoever
incurred thereby.

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TRANSITIONAL PROVISIONS
1. This Agreement shall take the place of the formal
Agreement now in force and referred to in the Preamble to
this Agreement.
2. Upon the coming into force of this Agreement, the
Organisation shall assume the obligations of, and accept all
the assets vested in the Caribbean Meteorological Council
established under the formal Agreement.
IN WITNESS WHEREOF the undersigned, being duly
authorised thereto by their respective Governments, have
affixed their signatures to this Agreement.
Signed by (Gerald A. Watt) For the Government of Antigua ,
on 19t h October , 1973 at Basseterre, St. Kitts-Nevis-Anguilla.
Signed by....................................................
For the Government of Bahamas, on.................... at.....................
Signed by (A. Morrison) For the Government of Barbados, on
19th October, 1973 at Basseterre, St. Kitts-Nevis-Anguilla.
Signed by (A. A. Hunter) For the Government of Belize, on
10th December, 1973 at Georgetown, Guyana.
Signed by..........................................................
For the Government of British Virgin Islands, on....................
at...........................................................................................
Signed by (A. E. Bush) For the Government of Cayman
Islands, on 19th October, 1973 at Basseterre, St. Kitts-Nevis-
Anguilla.
Signed by......................................................
For the Government of Dominica, on........................ at...............
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Signed by (H. Preudhomme)
For the Government of Grenada, on 19th October, 1973 at
Basseterre, St. Kitts-Nevis-Anguilla.
Signed by (H. D. Hoyte)
For the Government of Guyana, on 27th December, 1973 at
Georgetown, Guyana.
Signed by (H. A. Clarke)
For the Government of Jamaica , on 1 9th October , 1973 at
Basseterre, St. Kitts-Nevis-Anguilla.
Signed by (E. A. Dyer)
For the Government of Montserrat, on 19th October, 1973 at
Basseterre, St. Kitts-Nevis-Anguilla.
Signed by................................................................
For the Government of St. Kitts-Nevis-Anguilla, on.................
at.....................................................................................
Signed by (H. Felicien)
For the Government of St. Lucia, on 19th October, 1973 at
Basseterre, St. Kitts-Nevis-Anguilla.
Signed by..........................................................................
For the Government of St. Vincent, on .....................at.................
Signed by (Sham Mohammed)
For the Government of Trinidad and Tobago, on 19th
October, 1973 at Basseterre, St. Kitts-Nevis-Anguilla.
Signed by .......................................................................
For the Government of Turks and Caicos Islands, on..............
at................................................................................

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RESOLUTION
WHEREAS the Twelfth Meeting of the Caribbean
Meteorological Conference recognising the need for the
expansion of Regional Co- operation in matters of
meteorology and allied sciences, agreed that a Caribbean
Meteorological Organisation be established:
AND WHEREAS it was further agreed that such an
Organisation should replace the present Caribbean
Meteorological Council:
BE IT RESOLVED THAT upon the entry into force of the
Agreement establishing the Caribbean Meteorological
Organisation all the assets which are vested in the
Caribbean Meteorological Council shall be deemed to have
been transferred to the Caribbean Meteorological
Organisation.
____________________
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