Jamaica Social Welfare Commission Act

Link to law: http://www.moj.gov.jm/laws/jamaica-social-welfare-commission-act
Published: 1958-12-01

JAMAICA SOCIAL WELFARE COMMISSION
JAMAICA SOCIAL WELFARE COMMISSION

THE JAMAICA SOCIAL WELFARE
COMMISSION ACT

ARRANGEMENT OF SECTIONS

I . Short title.

2. Interpretation.

Constitution and Functions of Commission

3. Constitution of Commission.
4. Incorporation of Commission.
5. Procedure and meetings of Commission.
6. Appointment of officers and servants.
7. Functions of the Commission.
8. Power of Minister to give directions to Commission.
9. Protection of the Commission.

10. Protection of members of the Commission.
11. Expenses of the Commission.
12. Accounts to be kept and audited.
13. Annual report and estimates.
14. ReguIations.

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JAMAICA SOCIAL WELFARE COMMlSSION 3

Lmw
33 of 1958.

Acta
34 of 1963,
IS of 1%S.

THE JAMAICA SOCIAL WELFARE
COMMISSION ACT

[ I s t December, 1958.1

1. This Act may be cited as the Jamaica Social Welfare Shorttitle.
Commission Act.

Preliminary

Inlerpre. 2. In this Act, unless the context otherwise requires-
tation.

“chairman” means the chairman of the Commission
and includes any person appointed to act as
chairman of the Commission;

“Commission” means the body referred to in section 3; I S / I % ~

s. 3 (b).

S 3 (a).
15/1965 “functions” includes powers and duties;

“the Jamaica Youth Corps” means the organization
established under that name by the Government
of Jamaica during the month of August, 1955, for
the training of young persons in community living
and service, and agricultural pursuits and skills
ancillary thereto;

“member” means a member of the Commission and
includes the chairman;

“secretary” means the secretary of the Commission;
“young person” means a person who has attained the 15/1%2

age of fifteen years and is not over the age of s.3(b).
twenty-five years.

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4 JAMAICA SOCIAL WELFARE COMMlSSlON

Constitution and Functions of Commission

Consbtu- 3.-(1) The Jamaica Social Welfare Commission
tionDf C mmission established by subsection (1) of section 3 of the Jamaica
~ / i 9 6 3 Social Welfare Commission Law (now repealed) shall con-
Cap. 176 tinue to exist with the constitution, powers and duties set
(1953i3Edtn,). out in this Act and shall consist of a chairman and not less

than two nor more than nine other members appointed by
the Minister.

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

(3) Every member shall be eligible for reappointment.
(4) The Minister may at any time revoke the appoint-

ment of any member of the Commission if he thinks it
expedient so to do.

( 5 ) The Minister may on the application of any
member grant to such member leave of absence for any
period not exceeding six months.

(6) If the chairman is granted leave of absence in
accordance with the provisions of subsection (5 ) or is unable
to act, the Minister may appoint a person, whether or not
such person is already a member of the Commission, to act
temporarily in the place of the chairman.

(7) If any member other than the chairman is granted
leave of absence in accordance with the provisions of sub-
section (5) or has been appointed to act as chairman, the
Minister may appoint a suitable person to act temporarily
in place of such member.

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

s. 3.

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JAMAICA SOCIAL WELFARE COMMISSION

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

(10) The appointment, revocation of appointment,
departure from the Island, resignation or death of any
member of the Commission shall be notified in the Gazette.

5

(11) From and after the 1st July, 1965, the Corn- rs/i%r,
s. 4. mission shall be known as the Social Development Com- ‘,N.

mission. 1761 1965

4 . 4 1 ) The Commission shall be a body corporate having Incorpora-
perpetual succession and a common seal, and shall have ~,,,, , , isnion.
power to purchase, hold and dispose of land, shares and
other property of whatsoever kind whether similar to the
foregoing or not for the purposes of this Act.

(2) The seal of the Commission shall be kept in the
custody of the chairman or the secretary and may be f i x e d
to instruments pursuant to a resolution of the Commission
and in the presence of the chairman, one other member, and
the secretary.

(3) The seal of the Commission shall be authenticated
by the signatures of the Chairman, or one member of the
Commission authorized to act in that behalf, and the
secretary of the Commission and such seal shall be officially
and judicially noticed.

(4) All documents, other than those required by law
to be under seal, made by, and all decisions of, the Com-
mission may be signified under the hand of the chairman,
any member of the Commission authorized in that behalf,
or the secretary of the Commission.

tion of

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6 JAMAICA SOCIAL WELFARE COMMlSSlON

(5) The Commission may sue and be sued in its cor-
porate name and may for all purposes be described by such
name, and service upon the Commission of any notice,
order or other document shall be executed by delivering it
to, or by sending it by registered post addressed to, the
secretary oE the Commission at the office of the Commission.

Procedure 5.41) The Commission shall meet at such times as may
ingsof be necessary or expedient for the transaction of business,
Cummission. and such meetings shall be held at such place and time and

and meet-

34j1%3
S . 4 (a).

34!1963
s. 4 @).

34/1963
S. 4 (b).

on such days as the Commission may determine.

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

(3) The chairman shall preside at all meetings of the
Commission, and in the temporary absence of the chairman
the members present shall elect one of their number to be
chairman of the meeting.

(4) A quorum of the Commission at any meeting shall
be such number as the Minister may fix from time to time
not being less than one-half of the total members of the
Commission.

( 5 ) The decisions of the Commission shall be by a
majority of votes and, in addition to an original vote, in
any case in which the vote is equal the chairman of the
meeting shall have a casting vote.

(6) Minutes in proper form of each meeting shall be
kept by the secretary and shall be confirmed by the chair-
man as soon as practicable thereafter at a subsequent
meeting.

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JAMAICA SOCZAL WELFARE COMMISSION 7

6.-(1) The Commission may appoint or employ at such ~ p p ~ i n i -
remuneration and on such terms and conditions as the o f i ~ s a n d
Minister may either generally or specially determine a 8cTyants.

secretary and such officers and servants as may be deemed
necessary for the proper carrying out of the provisions of
this Act :

Provided that any officer or person appointed to any
office or employed under or by virtue of the Jamaica Social
Welfare Commission Law (now repealed) shall continue and cap. 176
be deemed to have been appointed or employed under or
by virtue of this Act.

(2) The Commission may require any person so
appointed or employed to give such security as the Com-
mission may deem proper for the due performance of his
duties.

(3) The Governor-General may, if he thinks fit, and
subject to such conditions as he may impose, approve of
the appointment of any officer in the service of the Govern-
ment of this Island to any office under the Commission :

Provided that in relation to pension, gratuity, allowance,
and other rights as a public officer, such officer shall be
deemed to be in the service of the Government of this Island
while so employed.

mmt of

(1953 Edm.).

Functions
of thc 7.-( 1) The functions of the Commission shall be-

(a) to promote, manage and control schemes for and to :Erni"
do any act or thing which may directly or indirectly isiiws
serve- s 5.

(i) the advancement of sport; and
(ii) the general interests and the social, cultural

or economic development of the people of
the Island and in particular the rural and
urban workers; and

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8 JAMAlCA SOCtAL WELFARE COMMlSSlON

(b) to administer the affairs of the Jamaica Youth
Corps.

(2) In particular and without prejudice to the
generality of the provisions of subsection (11, it shall be the
duty of the Commission-

(a) to carry out such community development projects
and social welfare activities as, in the opinion of
the Commission, are desirable;

(b) to establish, equip and maintain camps, farms,
workshops or other works or undertakings in
connection with the operation of the Jamaica
Youth Corps;

(c) to provide training and experience in community
living and service and agricultural pursuits and
skills ancillary thereto for young persons;

(d) to provide and maintain residences and such other
facilities and amenities as the Commission may
consider necessary for the use'or enjoyment of
young persons undergoing training.

(3) Subject to the provisions of this Act, it shall be
lawful for the Commission to do anything and to enter into
any transaction which. in the opinion of the Commission,
is necessary to ensure the proper discharge of its functions.

Power of 8. The Minister may, after consultation with the chair-
gircdirec- man, give to the Commission directions of a general
tions C mmission. character as to the policy to be followed in the exercise and
is/i%s performance of its functions in relation to matters appearing

to him to concern the public interest and the Commission
shall give effect to any such directions.

Minister to

s. 5.

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JAMAICA SOCIAL WELFARE COMMISSION 9

9. No act done or proceedings taken under this Act shall Protection
of the
Commission. be questioned on the ground-

(a) of the existence of any vacancy in the membership
of, or any defect in the constitution of, the Com-
mission; or

(b) of any omission, defect or irregularity not affecting
the merits of the case.

1 0 . 4 1 ) No action, suit, prosecution or other proceedings Protection
shall be brought or instituted personally against any of members th com-

member of the Commission in respect of any act done bonn mission,
fide in pursuance or execution or intended execution of this
Act.

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

11. The expenses of the Commission (including the ~ e ~ ~ ~ o f
remuneration of the staff thereof) shall be defrayed out of mission.
the funds and resources of the Commission, which shall ifif%’
consist of-

(a) such sums as may be provided from time to time
for the purpose by Parliament; and

(b) all other sums or property which may in any man-
ner become payable to or vested in the Commission
in respect of any matter incidental to its functions.

12. T h e Commission shall keep accounts of its receipts, Amuntsto
be kept and

payments, assets and liabilities in a form satisfactory to the auditd.
Minister, being a form which shall conform with the best W l % 5
commercial standards, and shall submit the same from time
to time with vouchers to the Auditor-General to be audited.

s. 7.

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10 JAMAICA SOCIAL WELFARE COMMISSION

Annual
report and
estimates.

15/1965
S. 8.

13.41) The Commission shall in each year prepare and
present on or before the 1st day of October to the Minister
a report on its proceedings during the twelve months ending
on the 31st day of March in such year, and such report shall
include in respect of the said twelve months-

(a) a complete report of the financial position of the

(b) a copy of the accounts of the Commission; and
(c) a copy of any report made on such accounts by

the Auditor-General.

(2) A copy of such report shall be laid on the Table
of the House of Representatives and of the Senate and shall
be published in the Gazette.

(3) The Cornmission shall, on or before the 31st day
of October in each year, submit to the Minister for approval,
its estimates of revenue and expenditure in respect of the
period commencing on the 1st day of April next following
and ending on the 31st day of March of the subsequent
year, and shall during that year submit to the Minister for
approval any estimates of further expenditure as may
become necessary.

1 Commission;

Regulations. 14.-(1) The Commission may with the approval of the
Minister make regulations generally for the better carrying
out of the provisions of this Act and without prejudice to
the generality of the power thereby conferred, may make
regulations, providing for-

(a) the time, place and manner when, in which and
how the Commission shall exercise its functions;

(b) the terms and conditions of appointment to any
office in the service of the Commission;

lSjl96S (c ) the preservation of all property vested in the s. 9 (c).
Commission and the proper and economic use of
all such property.

15/1%5

(b).
S. 9 (a)

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JAMAICA SOCIAL WELFARE COMMISSION

(2) All regulations made under this section shall be
subject to negative resolution.

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