Governor General (Expenditure, etc.) Act

Link to law: http://www.moj.gov.jm/laws/governor-general-expenditure-etc-act
Published: 1965-06-28

GOVERNOR-GENERA I . (EXPENDITURE. PERSONAL
STAFF, T A X EXEMPTIONS A N D PENSIONS)

THE GOVERNOR-GENERAL (EXPENDITURE,
PERSONAL STAFF, TAX EXEMPTIONS AND

PENSIONS) ACT

ARRANGEMENT OF SECTIONS

PART I. Emolumenrs, personal staf and tax exemptions

1. Short title.
2. Interpretation.
3. Emoluments of Govcrnor-General.
4. No emoluments beiore entry upon duties.
5 . Emoluments during absmce, leave and incapacity.
6. Emoluments of Acting Governor-General.
7. Assumption of duty.
8. Imports by Governor-General when free from duty and tax.
9. Paymcnt of taxes on anim31s and articlcs.
10. Personal staR and general cxpenditurc attaohing to Governor-

11. Payments hereunder charged on Consolidated Fund.
General’s office.

!’ART n. PmJions
12. Interpretation
13. Govcmor-General’s rigbt to pension.
14. Rare of Gwcrnor-Generai’s pension.

1 4 ~ . allow an^ payable to person in receipt of aOvemor-(jcneral’s
pension.

15. Widow’s pension.

16. Children’s pensions.
17. Soum and method oi payment of pensions.
IS. Protecticn of pensions.

15.4. Allowances payable to widow of Governor-General

SCHEDULE

me inclusion of thie Gage is authorized by L.N. 96/19911]

GOVERNOR-GENERAL (EXPENDITURE, PERSONAL
STAFF, TAX EXEMPTlONS A N D PENSIONS)

THE GOVERNOR-GENERAL (EXPENDITURE,
PERSONAL STAFF, TAX EXEMETIONS AND

PENSIONS) ACT

[28fh Jitne, 1965.1

3

Act.

44 of 1973.
54 of 1975

196s.
36 or 1966.

s.6
20 d 19110.
16 of l¶W,
I6 of 1991,
27 at 19%.
a W.

PART I. Emnlni~ienfs, persono1 stuff and tax exemptioiis

1, This Act may be cited as the Governor-General Shorttitle.
(Expenditure, Personal Staff, Tax Exemptions and Pensions)
Act.

2. In this Part, “Acting Governor-General” means any ~nterpreta
person who performs the functions of the office of ‘On’
Governor-General under sxtion 29 of the Constitution of
Jamaica.

3.-(1) The emoluments appertaining to the ofice of ~ ~ o i u m e n t r
Of

General.
Governor-General shall be the einoluiiients specified in
the First Schedule. First

Schedule
16f1987
I.. a. L.

(2) The House of Representatives may from time to
time by resolution vary the First Schedule by increasing the
emoluments specified therein.

~~~~~ ~ ___
me inclusion of lhis page is authorized by L.N. 96/1WR1

4 GOVERNOR-GEh'ERA L (EXPENDITURE. PERSONAL
STAFF, T A X EXEMPTIONS AND PENSIONS)

No emolu-

ment, helorc
cntryupon
dutiu.

4. The Governor-General shall not be entitled to any
of the emoluments appertaining to his office in respect of
any period prior to the day on which he enters upon the
duties of such office.

Emolurncnti

during abse ce,
leave and
incamcity.
16/1987 s. 3.

5. Subject to the provisions of section 4, the Governor-
General shall receive the emoluments appertaining to his

(a) in respect of any period during which he is absent
from Jamaica for the purpose of performing any
of the functions of his ofice;

(b) in respect of any period during which he is absent
on leave or is unable to perform the functions of
his office.

Emoluments

Gcnrral

6.41) Subject to the provisions of subsection (2), an
Acting Governor-General shall, in respect of the period
during which he discharges the functions of the office of
Governor-General, receive emoluments at the rates speci-
fied in respect of the office of Governor-General.

(2) Where an Acting Governor-General, in reference
to any period during which he discharges the functions
of the office of Governor-General, receives salary defrayed
from the Consolidated Fund in respect of any other office,
his emoluments under subsection (1) in respect of such
period shall be abated to the extent of the salary so
received.

of hcring

AJrumplioa 7. A person who has assumed duty as Governor-
O'du(y. General or Acting Governor-General shall, for the pur-

poses of this Act, be deemed to have done so at the
commencement of the day on which he assumed duty as

.~
[ T h e inclusion of this page is authorized bv L.N. 96!19951

GOVERNOR-GENERAL (EXPEVDITURE, PERSONAL
STAFF, TAX EXEMPTIONS AND PENSIONS)

aforesaid, and no other person shall be entitled in respect
of that day to any emoluments hereinbefore prescribed,
other than emoluments under section 5.

5

8. All goods imported into Jamaica by the Governor- h p o a b y
Govemor- General for the use of his household or for himself as ~~~~~d

Governor-General are hereby declared to be exempt from,
and shall be admitted free of, customs duty and general andtax.

16/1991
consumption tax. s. 64.

9. Any amount payable to a Collector of Taxes for, Payment
upon or in respect of any taxable animals or articles in o n m ~ l s
the possession or use of the Governor-General shall be Zc,-,
certified by the Governor-General and paid by the
Accountant-General to such Collector.

or taxed

10.-(1) The offices that are to constitute the personal personal
staff of the Governor-General shall be such offices, and
the salaries that are to be paid to members of that staff zEl?tF
shall be such salaries, as may be prescribed from time to to

staff and

Govcmor-
Generpl’i
Office.

time pursuant to the Civil Service Establishment Act.
(2) The sums to be paid in respect of expenditure 5s4/Q.g75

attaching to the office of Governor-General, other than :0;!9”
amounts payable pursuant to any provisions hereinbefore
contained, shall be such sums as appear in that respect in
the estimates of expenditure as approved from time to time
by the House of Representatives.

11. All payments required by virtue of any provisions pawents
of. this Part shall be charged on and defrayed out of the chargedon hereunder

Connoli- Consolidated Fund. dated
Fund.

.. . PART II. ,.Pensions
12. In this Part- Intcrpnh-

tion.
20/1980 s 3. “entitled child” means a person who-

m e inclusion Of tbk p i e is aurhwized by L.N. 901 19931

6 GOVERNOR-GENERAL (EXPE1VDITURE, PERSONAL
STAFF, T A X EXEMPTIONS AND PENSIONS)

(U) has not attained the age of nineteen years; or
(6) havhg attained the age of nineteen years-

(i) is pursuing a course of full-time instructions
at any educational establishment approved
for the purpose by the Minister responsible
for education or a course of instruction as
an apprentice in any trade, profession or
vocation under articles entered into for a
period of not less than two years (herein-
after referred to as “higher education”); and

(ii) has not attained the age of twenty-three
years,

so, however, that a person referred to in sub-
paragraph ($ who, before attaining the age of
twenty-three years, ceases to receive higher educa-
tion, shall Cease to be an entitled child at the date
on which he ceased to receive higher education;

“Governor-General’s pension” means the pension
payable under this Act to a person who has
ceased to be Governor-General.

Govsmor.
Gmenrs

msi-.

13.41) Every person who having held the office of
Governor-General on or after the 28th June, 1965, ceases
at any time after that date to be Governor-General shall
be paid a pension under this Act with effect from the date
on which he ceases to be Governor-General and subject to
the provisions of subsection (2) such pension shall continue
to be paid during the lifetime of that person.

(2) Governor-General‘s pension shall, if the person
to whom it is payable is appointed Prime Minister or is
again appointed Governor-General, cease to be payable
during the period in respect of which that person holds
the office of Prime Minister or again holds the office of
Governor-General.

nght to

l T h C inclusion of this page is a u m o k d by L.N. 90/19931

GOVERNOR-GENERAL (EXPENDITURE, PERSONAL
STAFF, 3 A X EXEklPTiONS A N D PENSIONS)

7

14.-(1) Subject to the provisions of subsections ( 2 ) and
(3), Governor-General’s pension payable to any person shall ~cneral’s
be an annual rate equivalent to the annual rate of salary 4411973
apperlaining 10 the oflicc of Govcriior-General for the time &,?,;;i

w 1 9 m
being.

(2) Where a person, by virtue of having held office ;Oiz

pens:on

S. 4 (a).

s. 4.

as Governor-General is entitled to Governor-General’s pen-
sion under this Act, and, by virtue of having held office
as Prime Minister is entitled to Prime Minister’s pension
under the Pensions (Prime Minister) Act, he shall, when
he ceases to hold office as Governor-General or Prime
Minister, whichever post is held last, be entitled to receive,
at his election, either one of those pensions but not both;
and the provisions of subsections (2) and (3) of section 4
of the Pensions (Prime Minister) Act (which permit an
election under that Act) shall be deemed to permit him to
elect, or to rescind an election, for the purposes of this
Act in accordance with and on the terms set out in those
provisions.

(3) If a person to whom Governor-General’s pen-
sion is payable is in receipt of a retiring allowance pay-
able to him under the Retiring Allowances (Legislative
Service) Act, only so much of the Governor-General’s
pension shall be paid to him as will. when added to his
retiring allowance not exceed the pension specified in sub- Fig’
section (1).

14A. A person in receipt of Govcmor-General’s pension :z;;fr
pursuant to this Act shall be pro.;ided with suitable Govern- pernon m
ment owned housing and shall also be paid the allowances G ~ ~ ~ ~ ~ - m i d of

Gcncral’a
lanrion.
h a n d
schedule.
16/1987
S. 5.
271 I996 s. 2.

specified in the Second Schedule.

Cl-he inclusion of this page is authorized by L.N. 96119981

8 GOVERNOR-GENERAL (EXPENIIITURE. PERSONAL
STAFF, T A X EXEMPTIONS A N D PENSIONS)

\V,dOlV s 15.--(1) Where a pcrson dies while he is Governor-
General or while he is entitled to receive Governor-
General’s pension-

*-7r,un.

(a) if he leaves--
(i) a widow but no entitled child: or

441 1973 s. 3.

(ii) a widow and entitled children by such

the widow shall, subject to the provisions of sub-
sections (2) and (3, be paid a pension at an annual
rate equivalent to two-thirds of the annual rate
specified in subsection ( I ) of section 14 or, where
that annual rate is reduced in accordance with
subsection (3) of section 14, equivalent to two-
thirds of the reduced rate;

widow only,

U)/ 1980 (b) if he leaves a widow and any entiltled child that
is not a child of the widow only the widow shall,
subject to the provisions of subsections (2) and (3),
be paid a pension at one-half the annual rate
specified in paragraph (0) until there is no such
entitled child and thereafter a pension at the lull
ratc so specified.

(2) A widow mentioned in subsection (1) shall not
be entitled to receive and shall not be paid pension under
this section-

(U) if her deceased husband did not, at any time
during their marriage, hold the office of Governor-
General; or

(b) in respect of any period after hcr re-marriage; or
(c) in respect of any period after she becomes

Governor-General or Prime Minister.

( 3 ) If the Minister is satisfied that the widow of a
former Governor-General has, while receiving a pension
under this section, deserted or abandoned, or failed to

S. 4 (a).

. ~ _ _ ~~-~
[lhe inclusion of this page is aathhorized by L.N. 96/1998.3

GOVERNOR-GEVERAL (EXPENDITURE, PERSONAL
STAFF, TAX EXEMPTIONS AND PENSIONS)

maintain or assist in maintaining so far as her means
allow, an entitled child-

(a) of her marriage with that former Goyernor-
General; and

(b) whom she is hound by law to maintain,
the Minister may cause to be paid to such child, until
he dies or ceases to be an entitled child, such portion of
the pension payable to the widow under this section as
he may think fit, and the widow shall have no further claim
in respect of the portion of pension so paid.

9

H A . A widow of a Governor-General who is in receipt Alloaances
~-rynhle m of a pension pursuant to section 15 shall be paid (he allow- widm or
Gcnenl.
GGveCJX71- ances specified in the Third Schedule.
Third
Scbalulc.
27/1996 s. 3.

16. Where a person dies while he is Governor-General c-O~'s
or while he is entitled to receive Governor-General's
pension, leaving entitled children, each of such children
(except those referred to in sub-paragraph (ii) of para-
graph (U) of subsection (I) of section 15, if a pension is
being paid under that section to their mother) shall be
paid, until he dies or ceases to be an entitled child, such
pension at such rate as the Minister shall determine; so,
however, that the aggregate rate of pension payable to
such children shall not exceed--

(U) subject to paragraph (h) of this section, the
annual rate specified in paragraph (a) of sub-
section (1) of section 15 in respect of a widow;

(b) if, and so long, as the Governor-General's widow
is entitled to a pension under that section, one-
half of the rate so specified.

F e inclusion of this page is authorized by L.N. 9b/199Sl

10

source
and method
"f pay-
men! of
peollons.
2711996
s. 4.

Proles-
tion of
pnrions.
27/1996
S. 4.

27/19%
s. 4.

1611987
8. 6.

16/1981
S. 7.

GOVERNOR-GENERAL (EXPENDITURE, PERSONAL
STAFF, TAX EXEMPTIONS AND PENSIONS)

17. A n y pension or allowances payable under this Act-
(a) shall be charged on and paid out of the Consoli-

dated Fund;
( b ) shall be paid monthly in arrears in equal instal-

ments.

18. Any pension or allowances payable under this Act
shall nd-

(a) be assignable or transferable except for the pur-
pose of satisfying a debt due to the Government
or an order of any court for the payment of
periodical sums of money towards the mainten-
ance of the wife, former wife, or child being a
minor of the person to whom the pension or
aIlowances is payable; or

(b) be liable to be attached, sequestered or levied
upon for or in respect of any debt or claim what-
ever except a debt due to the Government or any
sum recoverable pursuant to such order of any
court as is mentioned in paragraph (a).

F ~ S T SCHEDULE (Section 3)
Emoluments appertaining to the oflce of Governor-General

Salary at an annual rate equivalent to the sum of-
(a) the annual rate of salary (exclusive of allowances) attached

to the office of Chief Justice from rime to time; and
(b) $25,ooo.

SECOND SCHEDULE (Section 1 4 ~ )
Allowances payable to person in receipt of

Governor-General's pension

1. Chauffeur's allowance at an annual rate equivalent to the

(U) the annual rate for chauffeur's allowance appertaining for the
time W i g to the o k e of Minister; and

( b ) such rate for chauffeur's uniform as may be determined from
time to time by the Minister responsible for the public
service.

F e inclurim of this page is auihorizad by LN. %/I9981

mum of--

GOVERNOR-GENERAL (EXPENDITURE, PERSONAL
STAFF, T A X EXEMPTIONS AND PENSIONS)

2. If the person in receipt of Governor-General’s pension is not
provided with Government owned housing. he shall he paid houaing
allowance at an annual rate equivalent to the rate of house allowance
for the time being payable in respect of the office of Chief Justice if
the holder of that office is not provided with an otiicial residence.

3. Sccrctarial allowance at an annual rate equivalent 10 the mini-
mum rate of salary for the time being appertaining to the post of
Senior SecretarylStenoerapher (ST IV) (inclusive of uniform allow-
ance) in the Central Government Service.

4. Household helper’s allowance at an annual rate equivalent to 27/19%
twice the minimum rate of salary for the time being appertaining to S. ’.
the post of Attendant I (GLS I) (inclusive of laundry allowancc and
uniform allowance) in the Central Government Service.

5 . Gardener’s allowance at an annual rate equivalent to the minimum 2711996
rate of salary for the time k ing appertaining to the post of Gardener S. 5 .
(LMO 1) (inclusive of laundry allowance and uniform allowance) in
the Central Government Service.

THIRD SCHEDLXE (Section ]SA) 2111996
S. 6.

Allon,am.rs payable fo Willow of Governor-Crnenrl
in r t w i p r of Pension

1. Chauffeur’s allowance as specitied in paragraph 1 of thc Second
Sohedulc.

2. Household helper’s allowsnce as specified in paragraph 4 of the
S a n d Schedule.

3. Gardener’s allowance as specified in paragraph 5 of the Second
Schedule.

11

4. Social Secretary’s allowance at such rate as may be determined
from time to time by the Minister responsible for the Public Service.

~~~

Vhe inclusion of phis w e is authorizad by LN. 961 19981
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